Last Updated: February 14, 2020

Terms of Use

This Internet site (“Site”), including all the content it contains, is provided to individuals, as well as representatives of business entities (“You”, “Your”) by Indigo Ag, Inc., including through its applicable subsidiaries and affiliates, (“Indigo”) under these terms of use, including any changes or amendments (collectively, the “Terms of Use”). You may use this Site only for lawful purposes and in accordance with the Terms of Use. If You are not willing to accept these Terms of Use, please do not access or use this Site. Your use of the Site constitutes acceptance of the Terms of Use. 

Copyright and Trademark Notice

This Site is owned or controlled by Indigo and is protected by worldwide copyright laws. Content may not be copied or used in any way, except that it may be downloaded only for Your non-commercial, personal use provided that no modification or further reproduction of the content is permitted. Trademarks, trade names, service marks and products in this Site are protected both in the United States as well as internationally. These may not be used without the prior, written authorization of Indigo, except for the purpose of identifying the products or services of Indigo.

Personal Information and Privacy

Use of this Site is also subject to this Site's Privacy Policy. Personally identifiable information provided in electronic communication to this Site is governed by the Privacy Policy.

Submitted Information

Any information or material submitted by You to this Site will be considered non-confidential information.  By providing Indigo such information and material, You grant Indigo an unrestricted, worldwide, perpetual, irrevocable right and license to use it (encompassing any ideas, inventions, concepts, techniques or know-how disclosed therein) for any purpose, including, without limitation, disclosure to third parties, developing, marketing goods or services, the right to copy, distribute, display, reproduce, perform and transmit such information and material. By submitting information or material to Indigo through this Site, You represent that You have the right to submit such information and material. You are responsible for the content and information of any communications You send to this Site, including its truthfulness and accuracy.

No Unlawful Use

You may not use this Site: (a) for any purpose that is unlawful or prohibited by these Terms of Use; (b) in order to damage, disable, overburden or impair any Indigo server; (c) interfere with another party’s use of the Site; (d) to spam or scrape; or (e) to attempt to gain unauthorized access to any information, materials or services.   

Limitation of Liability and Responsibility

YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (A) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (B) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (C) THAT  INDIGO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO DATA OR PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF INDIGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Disclaimer of Warranties

THE CONTENT ON THIS SITE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INDIGO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, LEGAL OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INDIGO DOES NOT MAKE ANY WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. INDIGO MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE. 

External Links and References

In the event that this Site provides links or references to other sites, Indigo will have no responsibility for the content of such other sites and will have no liability for any damages or injury arising from that content. Such links to other sites are simply provided for the benefit of the users of the Site and are not an endorsement of any such content or information, including without limitation, third party products, services and/or information.

Indemnification

In the event that You violate these Terms of Use, You agree, at Your expense, to defend, indemnify and hold harmless Indigo, including its affiliates, employees, directors and agents from any and all claims and expenses arising out of such violations. 

Digital Millennium Copyright Act

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, notifications of claimed copyright infringement should be sent to the designated agent of the Site (as identified below).

In order to receive a response all communications must be filled out according to the process and contain all the information outlined in paragraphs 1-5 below.

If You believe in good faith that Your work has been copied in a way that constitutes copyright infringement, please provide Indigo’s designated agent the following information through the process described below:

1. A listing of the accurate First Name, Last Name, Email Address, and Physical Address of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that You claim has been infringed with an original signature;
3. A description of where the material that You claim is infringing is located on the Site (including a specific link/URL where possible);
4. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, to be included in the complaint, or if using the form; and
5. A statement by You, made under penalty of perjury that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf, to be included in the complaint letter.

Notices of claimed copyright infringement should be sent to:

Via Mail:
Copyright Agent
c/o Indigo Ag, Inc.
500 Rutherford Ave.
Charlestown, MA 02129

Via Email:
copyrightagent@indigoag.com 

Updates
Indigo may make changes to the Terms of Use from time to time in Indigo’s sole discretion, by updating the Terms of Use on this Site, and specifying the effective date of the new version of the Terms of Use. The “Last Updated” date at the top of these Terms of Use will indicate when the latest changes were made. Your continued use of the Site following the posting of a new version of the Terms of Use constitutes Your acceptance of any such changes. Accordingly, whenever You visit this Site, You should check to see if a new version of the Terms of Use has been posted.  

Choice of Law

The information on the Site is intended only for use by residents of the United States. Other countries may have laws that differ from those in the United States. The Terms of Use and the resolution of any dispute related to the Terms of Use, the Site, and any non-contractual obligations arising out of or in connection with these Terms of Use, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to any principles of conflicts of law. Any legal action or proceeding between Indigo and You related to the Terms of Use will be brought exclusively in a court of competent jurisdiction sitting in the Commonwealth of Massachusetts, and You agree to submit to the personal and exclusive jurisdiction of such courts.

Entire Agreement 

These Terms of Use constitute the entire agreement between You and Indigo related to Your use of this Site and supersede any prior agreements or understandings.  By continuing Your use of this Site You represent that You are not under the age of 16.  These Terms of Use may not be modified either expressly or implicitly except via written authorization by Indigo.