Any user that accesses all or any part of the Indigenus Network, LLC (“Indigenus”) Web site located at www.indigenus.net (the “Site”) agrees that use of the Site constitutes acceptance of these Terms and Conditions and the Privacy Policy for the Site. Each time a user accesses the Site, the Terms and Conditions and the Privacy Policy should be reviewed because Indigenus reserves the right to change them from time to time without notice. Your continued use of the Site after such changes have been made constitutes your acceptance of such changes.

Use Prohibited by Users Under 18

The Site and the services provided on and through the Site may not be accessed or used by any individuals that are not at least 18 years old. By accessing and using the Site you represent and warrant that you are at least 18 years old.

Use of the Site

You agree that you shall not impair, disable or otherwise adversely affect the Site or the functionality or operation of the Site, including, without limitation, submitting, posting or uploading any materials that contain viruses or disabling code, files or programs. You shall not use any spiders, automated programs, scripts, robots or any similar devices that either obtain information from the Site or affect the Site.

Ownership of Site Content

All information, content, and data (including, without limitation, designs, videos, text, graphics and pictures, and their format, arrangement and selection) (the “Site Content”) on the Site is owned by Indigenus and its third-party providers, with all rights reserved. Indigenus and its third-party providers retain all copyright, intellectual property rights and other proprietary rights to the Site Content. The Site Content may not be reproduced, transmitted or distributed without entering into an agreement with Indigenus or obtaining Indigenus’ express written permission. Any use of any content or the materials on the Site may violate copyright, trademark and other laws. You may not republish or distribute in any manner the Site Content on any medium or in any manner and may not incorporate the Site Content or any components of the Site Content into any aggregated data, any compilation or any database. The use of any data mining, robots or any type of data gathering or extraction methods on the Site is prohibited. The name of the Site and the designs and icons of the Site are trademarks of Indigenus and its third-party providers, and may not be copied, used or imitated, without the prior written permission of Indigenus.

Advertising

Indigenus may have content, promotions, logos and advertisements of third parties, including, without limitation, entities that have ownership interests in Indigenus on the Site, which may link to their Web sites. Any dealings, correspondence or contact that you may have in connection with such third parties, and any terms, conditions, warranties or representations associated with such dealings, correspondence or contact that you may have are solely between you and such third parties. You agree that Indigenus shall not be responsible for any losses or damages of any kind associated with or arising from any dealings, correspondence or contact that you may have with such third parties.

Disclaimers and Limitation of Liability

THE SITE AND THE SITE CONTENT ARE PROVIDED “AS IS”. INDIGENUS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE SITE AND THE SITE CONTENT OR THE RESULTS TO BE OBTAINED FROM USING THE SITE AND THE SITE CONTENT. INDIGENUS (ITS OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES) SHALL HAVE NO LIABILITY WITH RESPECT TO ANY USER'S USE OF THE SITE AND THE SITE CONTENT OR ANY INACCURACIES, ERRORS OR OMISSIONS IN THE SITE OR THE SITE CONTENT. INDIGENUS DOES NOT GUARANTEE OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED, WITHOUT DELAY, ERROR-FREE, OMISSION-FREE, OR FREE OF VIRUSES. INDIGENUS (ITS OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES) HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL INDIGENUS (ITS OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR LOSS OF PROFITS, DATA, CONTENT, REPUTATION OR GOODWILL), WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT OR ANY SITES OR ANY CONTENT ACCESSED BY USE OF THE SITE. IN THE EVENT THAT INDIGENUS (ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES) ARE DETERMINED TO HAVE ANY LIABILITY WITH RESPECT TO THE SITE OR THE SITE CONTENT OR ANY SITES OR ANY CONTENT ACCESSED BY USE OF THE SITE, IN NO EVENT SHALL INDIGENUS’ (ITS OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES) AGGREGATE LIABILITY TO ANY USER EXCEED TEN DOLLARS ($10.00).
TO THE EXTENT THAT THE SITE CONTAINS CONTENT PROVIDED BY THIRD PARTIES, SUCH INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND INDIGENUS DOES NOT INVESTIGATE THE LEGITIMACY, VALIDITY, ACCURACY AND LEGALITY OF SUCH INFORMATION AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY ARISING OUT OF OR RELATED TO ANY THIRD-PARTY CONTENT.

Links

Any and all links to other Web sites, including, without limitation, to entities that have an ownership interest in Indigenus, contained in the Site are provided for the convenience of those who wish to access other Web sites quickly and efficiently. Indigenus is not responsible for and does not endorse or make any representations whatsoever regarding the materials provided on any other Web sites or providers of any information contained on any Web sites that link to the Site and has no responsibility for the use and privacy of user’s information on any Web sites that are also linked to or from the Site.

Governing Law and Venue

All disputes and claims arising out of or relating to the Site, the Site Content, these Terms and Conditions or the Privacy Policy, including, without limitation, tort claims, shall be governed by the laws of the State of New York, U.S.A., without giving effect to its conflict of laws provisions. You acknowledge and agree that Indigenus has the right to seek injunctive relief (including preliminary and temporary relief) to protect its proprietary rights or to prevent any unauthorized use of the Site or the Site Content, without the posting of any bond or proof of any actual damages. You agree that the sole jurisdiction and venue for resolving all claims and disputes is the Borough of Manhattan in the City of New York in the State of New York, U.S.A, and you waive any defenses of inconvenient forum or lack of personal jurisdiction.

General

These Terms and Conditions and the Privacy Policy constitute the entire agreement between you and Indigenus regarding the use of the Site and the Site Content. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. Indigenus’ failure to enforce any right or provision shall not be deemed a waiver of such right or provision. Headings are for convenience only and should not be given any interpretative effect.

Effective Date

These Terms and Conditions are effective as of March 1, 2011.