In using this website you are deemed to have read and agreed to the following Terms and Conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing United State’s law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Copyright and other relevant intellectual property rights exist on all text relating to the Indy AdCafe Inc.’s (herein known as Indy AdCafe) services and the full content of this website. Copyright 2009-2011, Indy AdCafe, Inc., 9727 Jupiter Pass, Carmel, IN 46032. All rights reserved.
PATENT AND TRADEMARKS
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Indy AdCafe are the property of the Indy AdCafe. You may not copy, display or use any of these marks without prior written permission of the mark owner. The Indy AdCafe logo is a registered trademark of the Indy AdCafe in the United States and other countries. The brand names and specific services of the Indy AdCafe featured on this website are trademarked including the Customer Interactive Websites.
We have several different email addresses for different queries. These, and other contact information, can be found on our Contact page on our website or via our Company literature or via the Company’s stated telephone.
This company is registered in the United States in Indianapolis, Indiana, 9727 Jupiter Pass, Carmel, IN 46032.
This website is owned by Indy AdCafe, Inc., and hosted by the Indy AdCafe for our online functionality. Your privacy on the Internet is of the utmost importance to us, and we are committed to upholding the highest standards in online privacy and permission marketing. Because we gather certain types of information about our users, we feel you should fully understand our policy and the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it. We constantly review our systems and data to ensure the best possible service to our customers.
SECURITY AND PRIVACY
The Indy AdCafe website uses security measures to protect against the loss, misuse, and alteration of the information under our control. We store the information in a database in a secure environment at the Indy AdCafe. We will never share, sell, or rent individual personal information with anyone without your advance permission or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on you requesting information.
The online forms on our website have input forms that require your name, phone number, email address and other information. You are giving us permission to contact you, and this information will not be used for any other purpose or shared with third parties.
You may review and change your information with us at any time by contacting us at firstname.lastname@example.org.
To opt-out from having any provided information used for email and/or RSS feed communications from us, please click on the unsubscribe link in any message you receive from us. This will allow you to unsubscribe or update your message preferences. Alternately, you may contact us at email@example.com to change any of your information. We give users options wherever necessary and practical, including the option not to register to receive our emails, e-newsletters, RSS feeds or blogs.
EXCLUSIONS AND LIMITATIONS
The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, the Indy AdCafe:
- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The Indy AdCafe does not; however, exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Business checks or personal checks, VISA and MasterCard Credit/Debit Cards are all acceptable methods of payment. Our Terms are one-half (1/2) of your total payment due BEFORE we create your product or service. The balance of your total payment must be paid in-full within thirty (30) days of the final product/service. All goods and services remain the property of the Indy AdCafe until paid for in-full. Monies that remain outstanding fifteen (15) days after the due date will incur a late payment interest at the rate of 2% above the prevailing US Federal Reserve’s base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty (60) days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $5,000 in US currency. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Returned checks will incur a $25 charge to cover banking fees and administrative costs. In an instance of a second returned check, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future credit card transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
You may cancel your purchase at anytime, but will not own or possess any product or service created by the Indy AdCafe. All cancellations must be received in writing via email or postal mail. We reserve the right to levy a $30 charge to cover any subsequent administrative expenses if cancellation is made 30 days or more after the initial purchase.
TERMINATION OF AGREEMENTS AND REFUNDS POLICY
Both the Client and the Indy AdCafe have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Refunds will not be given for the down payment made for our products/services; however, the client will not be required to pay the balance of the purchase if both parties cannot agree upon a solution in providing acceptable products/services. Any monies that have been paid to us which constitute payment in respect of the provision of unused services shall be refunded.
Unless otherwise stated, the services featured on this website are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Re-distribution or re-publication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Indy AdCafe. The Indy AdCafe does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
LINKS TO THIS WEBSITE
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
LINKS FROM THIS WEBSITE
We do not monitor or review the content of other party’s websites which are linked from this website. Opinions expressed, or material appearing on such websites, are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Indy AdCafe will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including, but not limited to, any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
NOTIFICATION OF CHANGES
The laws of the United States of America govern these terms and conditions. By accessing this website and using our services/buying our products, you consent to these terms and conditions and to the exclusive jurisdiction of the United States courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
©2009 – 2011 Indy AdCafe, Inc. All Rights Reserved