Welcome to Indiana 2A at https://kindley.net, an Indiana-based entity (“I,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website (collectively, the “Services”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Website.
Eligibility
You must be at least 21 years old in your jurisdiction to use the Website. By using the Website, you represent and warrant that you meet this eligibility requirement and have the legal capacity to enter into these Terms.
Changes to Terms
We reserve the right to modify these Terms at any time. Your continued use of the Website constitutes your acceptance of the Terms. It is your responsibility to review these Terms prior to each use of the Website.
User Accounts
Certain features of the Website may require you to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as needed. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
We reserve the right to suspend or terminate your account at any time, for any reason, without notice.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to text, graphics, logos, images, software, and other materials) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Website without our prior written consent.
User Conduct and Prohibited Activities
You agree to use the Website in compliance with all applicable laws and these Terms. You must not:
- Use the Website for any unlawful purpose or in violation of any local, state, national, or international law.
- Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website.
- Transmit any viruses, malware, or other harmful code.
- Attempt to gain unauthorized access to any part of the Website, other accounts, or connected systems.
- Engage in commercial activities without our prior approval, such as advertising or soliciting.
- Harass, threaten, or impersonate others.
- Collect or store personal data about other users without their consent.
We may monitor your use of the Website and take appropriate action, including termination of access, for any violations.
User-Generated Content
If the Website allows you to submit content (e.g., comments, reviews, or uploads), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media. You represent that you own or have the necessary rights to submit such content and that it does not violate any third-party rights.
We are not responsible for user-generated content and reserve the right to remove any content that violates these Terms or is otherwise objectionable.
Third-Party Links and Services
The Website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. You access such third-party resources at your own risk.
Disclaimer of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED ONE U.S. DOLLAR ($1.00).
Indemnification
You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, agents, and licensors from and against all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your violation of these Terms or your use of the Website.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the Website shall be resolved exclusively in the state or federal courts located within Marion County, Indiana. You consent to the personal jurisdiction of such courts and waive any objection to venue.
Miscellaneous
- Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
- Entire Agreement: These Terms constitute the entire agreement between you and us regarding the Website and supersede all prior agreements.
- Assignment: We may assign these Terms without your consent. You may not assign these Terms without our prior written consent.
- Force Majeure: We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control.
Contact Us
If you have any questions about these Terms, please contact us.
By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms.