PRIVACY POLICY & TERMS OF USE

PRIVACY & SAFETY

Last Updated: June 27, 2019

Indy & Olly’s (“Company”, “we,” “our” or “us”) is committed to respecting the privacy and security of your personal information. The following U.S. online privacy policy (“Privacy Policy”) describes the information we collect when you access or use our Site or Service and how we use that information. By using this website (“Site”) or the service offered through our Site (the “Service”), you consent to our Privacy Policy.

 

We may periodically update this Privacy Policy to reflect material changes in how we collect, use, share or store your personal information. We encourage you to refer to this Privacy Policy on an ongoing basis so that you understand our current Privacy Policy. You consent to any changes we make to this Privacy Policy if you continue to use the Site or Service after receiving a notice of the change or upon our posting of the new Privacy Policy on this Site.

 

This Privacy Policy informs you about:

  1. the personal information we collect and how we collect it;

  2. how we use and disclose the personal information;

  3. how we protect your personal information;

  4. our practices regarding the information of children;

  5. third party data practices;

  6. how you can access and change the personal information we store about you; and

  7. how you can contact us with any questions or concerns.

 

As used in this Privacy Policy, the term “personal information” is information that would allow someone to identify or contact you, including, for example, your full name, address, telephone number, or email address.

 

COLLECTING INFORMATION

Like many websites, we gather information about how visitors use our Site. In general, you can visit many of our web pages without telling us who you are or revealing any personal information about yourself. We may track your visit for trends and statistics, but you will remain anonymous unless you tell us who you are. Once you choose to give us your personal information, you are not anonymous to us.

 

The following are the types of information we collect:

Information you give us: We receive and securely store the information you provide to us when you register for, or otherwise use, the Site such as your name, email address, phone number, address, credit card information and any feedback, questions, or recommendations you provide. In some cases, the Service allows you to submit questions and comments in public areas of the Site, and such information may read, collected, and used by us and other users of the Site. If you provide information directly to us in other ways, such as by sending us an email, we may retain that information and add it with the other information we have collected from you.

 

Information from third parties: We may receive information about you from other sources, such as our business partners or from individuals who refer you to us. We may add this information to other information we collect from you.

 

Automatically collected information: We may receive and store certain types of information from you each time you use the Site or Service. For example we may automatically log your browser type, language preference, the date and time of your visit to the Site, your Internet Protocol (IP) address, and the website you visited before our Site. In addition, we may receive and store information about your use of the Site and Service. The technologies we use for this automatic data collection may include:

  • Cookies. Cookies are small data files stored on your hard drive by a website. Among other things, cookies help us improve our Site and Service and improve your experience on our Site and within our Service. You can set your browser to not accept cookies, but that may prevent us from providing you with the full range of Service we offer. Also, please be aware that if you visit other websites you may be required to accept cookies. The use of cookies by third parties is not covered by our privacy policy. We do not have access or control over these cookies.

  • Web Beacons. Web beacons are electronic images that may be used on our Site or in our emails. We use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.

  • Other. We may also use clear gifs or other data files or identifiers to collect information for statistical purposes and to improve and develop the Service we provide. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are placed on a hard drive, clear gifs are embedded invisibly on web pages.  

 

USING AND DISCLOSING INFORMATION

We use and disclose your personal information only as described in this Privacy Policy or as otherwise disclosed to you on our Site. For example, we may use and/or disclose your personal information:

  • To operate and improve our Site;

  • To fulfill your requests for certain products or services;

  • To better understand your needs and provide you with more customized service.

  • To communicate with you about the Site or our products and services

  • To respond to any questions or concerns that you may have;

  • For market research, project planning, troubleshooting problems, detecting and protecting against errors, fraud, or other criminal activity;

  • To third-party contractors that provide services to us and are contractually bound to safeguard your personal information (i.e. credit card processers);

  • To our wholly-owned companies and affiliates, which may be outside the United States;

  • To third parties in connection with any merger, acquisition, reorganization, change in capital structure or sale of all or substantially all of the assets of Company;

  • To third parties service providers designated by you with your express consent;

  • When we have a good faith believe that disclosure is necessary to comply with law, protect or defend our rights or the rights of other users of our Site or products or services, or act in an emergency to protect someone’s safety; or

  • Otherwise with your express consent.

We may create non-personally identifying anonymous or aggregate data from the information we collect. We may use that anonymous or aggregate data for our own purposes or disclose it to third parties in our own discretion.

 

PROTECTING YOUR INFORMATION

We take reasonable steps to help protect your personal information in an effort to prevent loss, misuse, unauthorized access, disclosure, alteration and destruction. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage is 100% secure and we do not guarantee its absolute security. Please contact us if you have any questions about security of our Site.

 

PROCEDURES REGARDING CHILDREN

Our Site and Service is not intended for children under 13 years of age. No one under age 13 may provide any information to us using the Site or Service. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Site or Service. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@indyollys.com.

 

THIRD PARTIES

Advertisements and Links to Other Websites: The Site may contain links, content, and advertisements from third parties. Such links, content, and advertisements are not endorsements, authorizations or representations of our affiliation with that third party. We are not responsible for the privacy practices or the content of third parties, and we encourage you to carefully review the privacy policy of any website you visit.

Advertising agencies, advertising networks, and other companies who may place advertisements on our Site may use their own cookies, pixel tags, web beacons, web bugs and other technology to collect information about you. We do not control these companies’ use of such technology and we have no responsibility for the use of such technology by these companies to gather information about you.

 

HOW TO REVIEW, MODIFY OR DELETE YOUR INFORMATION

We want to communicate with you only if you want to hear from us. If you prefer not to receive information from us or would like to update or change your personal information or preferences, follow the instructions below to review, modify or delete your personal information.

  • To modify the information you have provided during registration, please email support@indyollys.com

  • To unsubscribe from an email, please follow the instructions in any email you receive.

If you request your registration information be deleted or if you unsubscribe from communications, we may maintain information about sales transactions or service inquiries for future service and record keeping purposes.

 

QUESTIONS AND FEEDBACK

We welcome your questions, comments, and concerns about privacy. Please contact us by email at: support@indyollys.com

 

COMPLAINTS

If you have a data privacy complaint, please contact us by email at: support@indyollys.com.

 

We are committed to working with you to obtain a fair resolution of any privacy concern.

 

CALIFORNIA VISITORS

Residents of the State of California may request a list of all third parties to which Company has disclosed certain information collected in connection with this Site and Service during the preceding year for the third parties’ direct marketing purposes. If you are a California resident and want such a list, please contact us at support@indyollys.com. For all requests, you must put the statement “Your California Privacy Rights” in the body of your request and include the name of this Site, as well as your name, street address, city, state, and zip code. Please note that we will not accept requests via the telephone, mail, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.

TERMS OF USE

Last Updated: June 27, 2019

 

OVERVIEW

This website is operated by Indy & Olly's PBC. Throughout the site, the terms “we”, “us” and “our” refer to Indy & Olly's. Indy & Olly's offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Our store is hosted on Wix. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this 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. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

 

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Click to view our Privacy Policy.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk.

 

The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall Indy & Olly's, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Indy & Olly's and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18- CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 19 – INTELLECTUAL PROPERTY, COPYRIGHTS, & LOGOS

The Service and all materials therein or transferred thereby, including, without limitation, all brand, product and service names and logos used on the Site or in the Service, software, images, text, graphics, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Indy & Olly’s PBC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such

 

Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, extract, reuse, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

 

SECTION 20 - GENERAL

Applicable Law and Dispute Resolution. These Terms shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that Company has not adhered to these Terms, please contact us by e-mail at support@indyollys.com.

We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and Company are unable to reach a resolution to the dispute, you and Company will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Denver, Colorado office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. You and Company agree that any arbitration will be limited to the dispute between Company and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND Company ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company otherwise agree in writing, an arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Sites or the Services or these Terms must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred.

 

No Resale of Services. You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without Company’s express written consent.

 

Enforcement. If any legal action is brought to enforce these Terms, the prevailing party will be entitled to reimbursement of its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party.

Force Majeure. Company will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages, or any other cause which is beyond Company’s reasonable control.

 

Waiver. The failure of Company to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.

 

Entire Agreement. These Terms constitute the entire agreement between you and Company and govern your use of the Site and the Service, superseding any prior agreements between you and Company. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and Company nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

 

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@indyollys.com.

 

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