Last Updated: November 30, 2007
Welcome to indi, customized clothing designed by you and fit for you. The indi website is brought to you by indi Brands (“indi”).
We provide these Terms and Conditions of Use (“Terms of Use”) for the www.indicustom.com and www.indidenim.com websites (the indi “Site”) because it is important for you to understand the rights you have, and the rights we have, in providing our online Site to you.
Please note that by accessing, browsing, ordering or purchasing from, or otherwise using the Site, you agree that you fully understand and agree to be bound by the terms and conditions stated in these Terms of Use.
General Description. The Site allows you to create your own custom clothing. Through the Site you are able to choose from a selection of fabrics, style options, and finishing details, and you will be asked to provide a few key measurements. From your inputs, indi creates a unique pattern that is sent to a highly specialized manufacturing facility, where your one-of-a-kind garment is cut, sewn, tested for quality and shipped direct to you. Your garment will be shipped to you in approximately four (4) weeks, and each product is covered by our 100% satisfaction guarantee.
Adults Only. The Site is intended for adults only. You must be eighteen (18) years or older to use this Site. In accordance with Federal Children’s Online Privacy Protection Act of 1998 (COPPA), indi will never knowingly solicit nor will it accept personally identifiable information from individuals known to be under thirteen (13) years of age. Please see our Privacy Policy, available at www.indicustom.com/privacy, for more information including how to notify us of any concerns regarding this policy. If you are between the ages of thirteen (13) and eighteen (18) years old, you may wish to have a parent or guardian create an account through which you can purchase your own custom clothing from our Site.
Changes to These Terms of Use. indi reserves the right to modify these Terms of Use at any time, and without prior notice, by posting amended terms to this webpage, www.indicustom.com/terms. Non-material changes and clarifications will take effect immediately, and material changes will take effect within fourteen (14) days of their posting on the www.indicustom.com/terms webpage. When changes are made, we will post them here, and we will update the Terms of Use effective date (shown at the top and bottom of this page) to reflect the change. Your continued use of the Site following any such changes to these Terms of Use indicates your acceptance of the Terms of Use as they appear at the time of any such use.
Inaccuracies. From time to time, there may be content on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. indi reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
Rights Reserved. We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to refuse any order you place with us. 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 or for any reason at indi’s sole discretion. In a few instances, certain body proportions may result in a pattern that falls outside of our manufacturing capabilities. In the unlikely event we cannot accommodate your fit request, we will contact you by phone or email. In the event that we must make a change to an existing order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit sales to dealers, resellers, or distributors.
Conditions of Use. As a condition of use, you agree to all of the following:
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and written and other materials that appear on this Site (collectively, the "Content") are subject to trademark, trade dress, service mark, copyright and/or other intellectual property rights under United States law and international law or licenses held by indi or by third parties who have licensed their materials thereto. indi and/or its suppliers own(s) the copyright in this Site, including the selection and arrangement of the Content. No right, title, or interest in the Content is transferred to you as a result of your use of this Site. Any logo, other graphics, or service names appearing at this Site are used by indi with permission and may not be used (i) in connection with any other product or service without indi’s express prior written permission, or (ii) in any manner that is likely to cause confusion among customers or that disparages or discredits indi.
By using this Site, you agree not to reproduce, prepare derivatives of, distribute, display or perform publicly, or transmit the Content without the prior written permission of indi, except for materials downloaded, printed or stored for personal, non-commercial uses. Any materials downloaded, printed or stored for personal, non-commercial uses must retain any copyright, trademark, patent, or any other proprietary notices originally contained thereon.
The prices displayed at this Site are quoted in U.S. Dollars (USD) and are valid and effective only in the United States. Prices are subject to change without notice.
indi makes every effort to display as accurately as possible the colors of the products that appear on this Site. The actual colors you see when you view the Site will depend on your monitor and, as a result, indi cannot guarantee that your monitor's display of any color will be accurate.
All information, ideas, comments, suggestions or other communications that you transmit to indi or their licensors and/or suppliers concerning the materials contained in this Site or the products or services offered by this Site (collectively, the “Communications”) shall be on a non-confidential basis and shall be and remain the sole and exclusive property of indi, its licensors and/or suppliers. Disclosing or submitting Communications to indi or their licensors and/or suppliers shall constitute an assignment to indi of all right, title and interest, worldwide, in all intellectual properties disclosed or contained within such Communications. As a result, indi and their licensors and/or suppliers shall own any such Communications exclusively and shall therefore be free to use, disclose, reproduce, prepare derivatives of, distribute, or display or perform publicly (by any means), any such Communications without limitation or obligation of any kind or to any party. In no event shall indi be obligated to pay any compensation of any kind for any Communications or use thereof or to respond to any Communications.
You agree that no Communications submitted by you to the Site will violate any right of any third party, including copyright, trademark, patent, privacy, or other personal or proprietary right(s). You further agree that no Communications submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
indi takes the privacy of its customers seriously. Our Privacy Policy is available at www.indicustom.com/privacy. Please take a moment to review it. By accepting the Terms of Use of this Site, you also agree to be bound by our Privacy Policy.
By accepting the Terms of Use, you agree to indemnify and hold indi and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Communications you submit, post, transmit or otherwise make available through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use (including our Privacy Policy), and/or your violation of any rights of another.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
INDI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND INDI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR THE MONITORING OF ANY TRANSMISSION OR TRANSACTION OF ANY KIND BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM IN ANY ENVIRONMENT, YOU SHOULD ALWAYS USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
INDI ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES TO, OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS SITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS SITE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND FROM JURISDICTION TO JURISDICTION.
IN NO EVENT WILL INDI, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, EXEMPLARY PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, LOST GOODWILL, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES), ARISING OUT OF ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, OR ARISING OUT OF THE USE, THE INABILITY TO USE, THE RESULTS OF USE, OR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, OR ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
These Terms of Use form an agreement that is effective unless and until terminated by either you or indi.
You can terminate your indi Site account profile at any time and for any reason. If you would like to permanently disable your account, please email 
.
indi also may terminate your Site account profile at any time and may do so immediately without notice, and accordingly deny you access to the Site, if, in indi’s sole discretion, you fail to comply with any term or provision of these Terms of Use.
All relevant terms of these Terms of Use will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.
Upon termination of this Agreement by either you or indi, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made pursuant to these Terms of Use or otherwise.
Entire Agreement. These Terms of Use, including indi’s Privacy Policy, which is hereby incorporated by reference, constitute the entire agreement between you and indi and governing your use of the Site, superseding any prior agreements between you and indi.
Governing Laws. These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising under these Terms of Use (including, but limited to, our Privacy Policy) shall be resolved exclusively by the state and federal courts located in Alameda County, California.
Dispute Resolution. Except as provided herein, no civil action with respect to any dispute, claim or controversy arising out of or relating to thes Terms of Use may be commenced until the matter has been submitted to JAMS (http://www.jamsadr.com/) for mediation. The parties agree that any such mediation shall take place in Alameda County, California, USA. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals, and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may seek equitable relief prior to the mediation to preserve the status quo pending the completion of that process. Except for such an action to obtain equitable relief, neither party may commence a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or forty-five (45 )days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of a civil action, if the parties so desire. The provisions of this section may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered.
Waiver and Severability. The failure of indi to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is invalid, illegal, or unenforceable under applicable law, it shall not affect the validity, legality, or enforceability of the remainder of these Terms of Use and, without further action by either you or indi, such provision shall be reformed to the minimum extent necessary to make such provision valid, legal, and enforceable.
Notices. indi may provide you with notices, including, without limitation, those regarding changes to the Terms of Use, changes to products of promotions, and other service-related announcements, by email and/or by such notices on the indi Site.
Trademarks. indi™, the indi logo, and any and all other logos and names appearing on this Site are trademarks of indi or are used with the express permission of their respective owners. You agree not to display or use these trademarks in any manner without indi’s prior written consent.
Contact Information. Please send any questions or comments, or report any Terms of Use violations, to management@indicustom.com.
