The statements on this website have not been evaluated by the Food & Drug Administration. None of the products contained herein are intended to diagnose, treat, cure, or prevent any disease.
This Site belongs to Indigo Mountain (“we”, “our” or “us”). Indigo Mountain reserves the right to withdraw or amend the Site, and any service or Content (defined below) provided on the Site. Indigo Mountain will not be liable if for any reason all or any part of the Site is unavailable at any time for any reason. Indigo Mountain may terminate, suspend or discontinue any aspect of the Site at any time, without notice or liability.
Certain areas of the Site may require you to register, setup an account or may otherwise ask you to provide information, including personal information, to participate in certain features or to access certain content. The decision to provide any of your information is purely voluntary and optional; however, if you elect not to provide us with certain information, you may not be able to access certain content or participate in certain features of the Site. If you are under the age of 18, you may not register or setup an account. You represent and warrant to us that all of the information and data provided by you is accurate and truthful in all respects.
Intellectual Property Rights
While using the Site, you agree not to: (a) defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (b) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading or inaccurate email address or other contact information; (c) restrict or inhibit any other user from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site; (d) express or imply that any statements you make are endorsed by us, without our prior written consent; (e) upload to, transmit through, or display on the Site any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us); (f) engage in spamming or flooding; (g) transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature; (h) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; (i) remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site; (j) “frame” or “mirror” any portion of the Site, or link to any page of or material on the Site other than the URL located at http://www.indigomountainonline.com/ or the URLs provided by us to you for such purposes as part of the Site, without our prior written authorization; (k) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site; or (l) harvest or collect information about users of the Site without their express consent.
IN THE EVENT THAT YOU POST OR UPLOAD TO THE SITE, OR OTHERWISE SUBMIT TO US AS PART OF YOUR USE OF THE SITE, ANY MATERIALS INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS AND OTHER IMAGES, TEXT, GRAPHICS, SOUNDS, DATA, LINKS AND OTHER MATERIALS (COLLECTIVELY, “SUBMISSIONS”), YOU HEREBY GRANT US AND OUR DESIGNEES A WORLDWIDE, NON-EXCLUSIVE, SUBLICENSABLE (THROUGH MULTIPLE TIERS), ASSIGNABLE, ROYALTY-FREE, FULLY PAID-UP, PERPETUAL, IRREVOCABLE RIGHT TO USE, REPRODUCE, DISTRIBUTE (THROUGH MULTIPLE TIERS), CREATE DERIVATIVE WORKS OF, AND PUBLICLY DISPLAY AND PERFORM SUCH SUBMISSIONS. EXCEPT FOR THE FOREGOING LICENSE, WE DO NOT CLAIM OWNERSHIP OF ANY COPYRIGHT IN YOUR SUBMISSIONS. YOU REPRESENT, WARRANT AND COVENANT THAT YOU OWN OR OTHERWISE POSSESS ALL NECESSARY RIGHTS WITH RESPECT TO YOUR SUBMISSIONS, AND THAT YOUR SUBMISSIONS DO NOT AND WILL NOT INFRINGE, MISAPPROPRIATE, USE OR DISCLOSE WITHOUT AUTHORIZATION, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHT OF ANY THIRD PARTY, AND ARE NOT UNLAWFUL, FRAUDULENT, THREATENING, ABUSIVE, LIBELOUS, DEFAMATORY, OBSCENE OR OTHERWISE OBJECTIONABLE.
YOU ACKNOWLEDGE AND AGREE THAT NONE OF THE SUBMISSIONS WILL BE SUBJECT TO ANY OBLIGATION, WHETHER OF CONFIDENTIALITY, ATTRIBUTION OR OTHERWISE, ON OUR PART AND WE WILL NOT BE LIABLE FOR ANY USE OR DISCLOSURE OF ANY SUBMISSIONS. YOU ACKNOWLEDGE AND AGREE THAT WE MAY (BUT ARE NOT OBLIGATED TO) DO ANY OR ALL OF THE FOLLOWING, AT OUR DISCRETION: (A) MONITOR AND/OR FILTER ANY SUBMISSIONS (INCLUDING WITHOUT LIMITATION BY MEANS OF BLOCKING OR REPLACING EXPLETIVES OR OTHER LANGUAGE THAT MAY BE DEEMED HARMFUL OR OFFENSIVE); (B) ALTER, REMOVE, OR REFUSE TO SEND, TRANSMIT OR OTHERWISE USE ANY SUBMISSION (INCLUDING, WITHOUT LIMITATION, BY SUSPENDING THE PROCESSING AND SHIPPING OF ANY ORDER RELATING TO ANY SUBMISSION); AND/OR (C) DISCLOSE ANY SUBMISSIONS, AND THE CIRCUMSTANCES SURROUNDING THE TRANSMISSION OR USE THEREOF, TO ANY THIRD PARTY IN ORDER TO OPERATE THE SITE; TO PROTECT OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS, AND USERS; TO COMPLY WITH LEGAL OBLIGATIONS OR GOVERNMENTAL REQUESTS; TO ENFORCE THESE TERMS; OR FOR ANY OTHER REASON OR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTRY OF A SUBMISSION IS AT YOUR SOLE RISK, AND THAT INDIGO MOUNTAIN IS NOT RESPONSIBLE FOR ANY LOSS OF SUCH SUBMISSION, ANY LOSS OF CONFIDENTIALITY OR PRIVACY IN CONNECTION THEREWITH, OR ANY OTHER LOSS OR LIABILITY RELATING TO SUCH SUBMISSION IN ANY WAY.
You may be able to link to third party websites or resources from the Site (“Linked Sites”). The Linked Sites are provided solely as a convenience to our visitors and are not an endorsement of any information, product or service reached through such Linked Sites. The Linked Sites are not under our control and we are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any Linked Sites, or for any other materials, products, or services offered on the Linked Sites. You should carefully review the privacy notices and other conditions of use at the Linked Sites.
Disclaimers and Limitation of Liability
THE SITE AND ALL CONTENT, AND FUNCTIONALITY INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. INDIGO MOUNTAIN DOES NOT WARRANT THAT THE CONTENT OF THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. NEITHER INDIGO MOUNTAIN NOR ITS THIRD PARTY PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR AVAILABILITY OF THE SITE OR CONTENT, OR FUNCTIONALITY INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. THE CONTENT ON THE SITE IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS WITHOUT CONSULTING PRIMARY, MORE ACCURATE, MORE COMPLETE OR MORE TIMELY SOURCES OF INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF (OR INABILITY TO USE) THE SITE OR SUBMISSION OF INFORMATION, IS AT YOUR SOLE RISK.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH INDIGO MOUNTAIN RELATED IN ANY WAY TO THE USE OF THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND INDIGO MOUNTAIN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this section and, in such case, you agree pay for all costs and expenses arising out of or relating to such defense and to cooperate with us in the defense of such matter, at your sole cost and expense.
Jurisdiction and Governing Law
Indigo Mountain is committed to protecting copyrights and expects users of the Site to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Site infringes your copyright, you (or your agent) may send our designated copyright agent named below a notice requesting that the material be removed, or access to it blocked. The notice must include the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Indigo Mountain to locate the material;
Information reasonably sufficient to permit Indigo Mountain to contact you, such as an address, telephone number, and if available, an email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our designated copyright agent for notice of copyright infringement on the Site may be contacted at: Indigo Mountain, Attn: Legal Department, 218 West 7th Street, Safford Arizona 85546.You acknowledge that if you fail to comply with all the above requirements, your notice may not be valid.
This Site may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to Indigo Mountain shall be and remain the exclusive property of Indigo Mountain, and we may use all such communications in any manner without compensation to you.