Effective Date June 27th, 2016
Site- refers to www.indianapolisarmynavy.com and/or www.indyarmynavy.com and/or www.armynavygear.com
IP- Intellectual Property
You or your- the persons using the sight and or purchasing product
We- Indianapolis Army Navy
Indianapolis Army Navy- INDY ARMY NAVY and/or INDYARMYNAVY
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. YOUR ACCESS AND/OR USE OF THE SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT FULLY ACCEPT THESE TERMS, DO NOT USE OR ACCESS THE SITE.
We do not sell products to persons under the age of 18 or the age of majority in your jurisdiction. If you are under the age of 18 or the age of majority in your jurisdiction, you may only purchase product from our Site with the authority given by a parent or guardian.
You are prohibited from;
A. Interfering with the security of the Site.
B. Using any device, mechanism, or software to violate the security and/or proper working of the Site.
Indianapolis Army Navy’s intellectual property material including, names and logos, all page headers, all custom graphics, all button icons, and trademarks (whether registered or not), service marks, trade dress, appearing on our Site are either the property of Indianapolis Army Navy or used with permission by our service providers and are protected by copyright, trade dress, trademark and other laws. The Design, arrangement and feel of Indianapolis Army Navy’s Site (the Look and Feel) is under the exclusive property of Indianapolis Army Navy and are also copyright of Indianapolis Army Navy. We reserve all rights in Indianapolis Army Navy’s Intellectual Property Rights and the Look and Feel of the Site. Nothing contained on the sight grants the right to use or license to use any of Indianapolis Army Navy’s Intellectual Property or Look and Feel or any third parties therein.
3. Specifications and Color
All content, specifications, products, and services described or depicted on this Site are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
4. Warranties and Disclaimers
This Site is provided by Indianapolis Army Navy on an “As-Is” and “As-Available” basis. We do not and cannot warrant that the Site (including any element on the Site) or its servers will be error free, uninterrupted, or free from viruses and/or unauthorized access, or otherwise meet your requirements. Indianapolis Army Navy makes no representations or warranties of any kind, Express or Implied, as to the operation of the Site or the information, content, materials, or products included on the Site. To the full extent permissible by law Indianapolis Army navy disclaims all warranties, express or implied, including, but not limited to, Implied Warranties of Merchantability and Fitness for a Particular Purpose. Without limiting the foregoing, Indianapolis Army navy disclaims any and all warranties, express or implied, for any merchandise offered on the Indianapolis Army Navy Site. You are acknowledging this by your use of the Indianapolis Army Navy Site. This Disclaimer does not apply to any product warranty offered by the manufacturer of the item. This Disclaimer Constitutes AN ESSENTIAL PART OF THIS AGREEMENT. By using this site YOU are using the Indianapolis Army Navy Site at your SOLE RISK. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT TO ONLY THE APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, INDIANAPOLIS ARMY NAVY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING AN IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INDIANAPOLIS ARMY NAVY HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT OR SERVICE DEFECTS OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION (INCLUDING UNAUTHORIZED ACCESS OR MISAPPROPRIATION OF YOUR PERSONAL INFORMATION). WE MAKE NO WARRANTIES TO THOSE DEFINED AS : CONSUMERS” IN THE MAGNUSON MOSS WARRANTY FEDERAL TRADE COMMISSION IMPROVEMENT
5. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL INDIANAPOLIS ARMY NAVY OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE INDIANAPOLIS ARMY NAVY SITE AND OR THE PRODUCTS PURCHASED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF INDIANAPOLIS ARMY NAVY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL INDIANAPOLIS ARMY NAVY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE INDIANAPOLIS ARMY NAVY SITE.
You agree to defend, indemnify and hold Indianapolis Army Navy and its respective affiliates, licensors, directors, officers, employees, agents and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever, including attorneys fees, arbitration costs, and court costs, arising from any claim, cause of action, suit or demand of any third party due to, arising out of or relating to your breach of these Terms
7. Applicable Law
This Site is administered by Indianapolis Army Navy from its offices in Indiana. Unless expressly addressed in the additional Terms, these Terms supersede any other agreement between you and Indianapolis Army Navy to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms will be governed by and construed in accordance with the Laws of Indiana under UCC Indiana. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights, We may seek injunctive or other appropriate relief in the state courts of Indiana or the appropriate United States District Court in Central Indianapolis, Indiana area, and you consent to exclusive personal jurisdiction and venue in such courts.
These Terms shall be subject to arbitration conducted under the prevailing rules of the American Arbitration Association. The Arbitration will be held in Indianapolis Indiana Ad Hoc with the Number of Arbitrators and Names to be Chosen by Indianapolis Army Navy. For any reason that arbitration is not permitted by applicable law, THE PARTIES WAIVE ALL RIGHTS TO A TRIAL BY JURY and WAIVE ALL RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION, CONSOLIDATED,REPRESENTATIVE OR CLASS PROCEEDINGS.
9. Waiver and Severability
No waiver by Indianapolis Army Navy of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Indianapolis Army Navy to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any Provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
These Terms are personal to you and you may not assign or otherwise transfer any right or obligation under these Terms except as permitted herein. We reserve the right to transfer, assign, license or subcontract all or any of our rights or obligations under these Terms or any related contract to any third party.
11. Merger clause
This is the entire agreement between the parties and supersedes any communications, negotiations, and agreements with respect to its subject matter prior to its conclusion. Any subsequent agreements and modifications must be in writing and signed by duly authorized representatives of both parties.
12. Force Majeure
We will not have any liability to you or be deemed to be in breach of these Terms from any circumstances which are beyond our reasonable control (including a delay in delivery caused by force majeure). Force majeure includes, without limitation, circumstances directly or indirectly resulting from acts of God, acts of the public enemy; strikes; lockouts, riots, power failure, fire, earthquake, water shortage, or adverse weather conditions , epidemics, or other causes beyond the control of Indianapolis Army Navy.
This agreement is effective unless and until terminated by either you or Indianapolis Army Navy. You may terminate this agreement at any time, provided that you discontinue any further use of the Site. Indianapolis Army Navy may Terminate this agreement at any time and may do so immediately without notice and accordingly deny you access to the Site, if in our sole discretion you fail to comply with any term or provision in this agreement.
We may change the terms of this Agreement from time to time. By continuing to use any of the Indianapolis Army Navy Site after we post any such changes, you accept the Agreement, as Modified
15. Misprints and Pricing
Pricing errors may occur on the Indianapolis Army Navy Site. Indianapolis Army Navy reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Indianapolis Army Navy. We may at our discretion, contact you for instructions or cancel your order and notify you of such cancellation. Pricing at our Site may be different from prices available in our Store.