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Terms and Conditions

INDY JOHN TERMS AND CONDITIONS

Thank you for your interest in Indy John.

Indy John is a virtual network and/or marketplace located at www.indyjohn.com (the “Site”) for suppliers, buyers, and networkers associated with industrial equipment, items, materials and services (the “Service”).  The Service is owned, and operated by Indy John, Inc. (“Indy John,” “we,” “our,” or “us”).The generic terms “you,” “your,” and “yours” refer to all users of the Service irrespective of whether offering to sell, selling, promoting, advertising, browsing or buying industrial equipment, items, materials and services (the “Merchandise”).The term “supplier” or “seller” specifically refers to users offering to sell their Merchandise, and the term “buyer” or “shopper” specifically refers to users buying the Merchandise, items, or services through the Indy John Service. The term “networker” specifically refers to anyone who has signed up for an Indy John account who does any activities associated with having an Indy John account.

IMPORTANT – PLEASE READ CAREFULLY:THESE INDY JOHN TERMS OF SERVICE CONSISTING OF THE GENERAL TERMS AND CONDITIONS, SELLING- PROMOTING- ADVERTISING-NETWORKING ON INDY JOHN TERMS AND CONDITIONS AND SHOPPING-BUYING-NETWORKING ON INDY JOHN TERMS AND CONDITIONS (COLLECTIVELY, THE “TERMS”) ALONG WITH ALL THE RULES, POLICIES AND GUIDELINES INCORPORATED IN THESE TERMS BY REFERENCE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN INDY JOHN AND YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND GOVERN YOUR USE OF THE SERVICE TO LIST, SELL, OFFER TO SELL OR PURCHASE THE MERCHANDISE.BY REGISTERING TO OPEN AN ACCOUNT AND/OR USING THE SERVICE, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS OR ENTITY YOU REPRESENT) AGREE AND ACKNOWLEDGE TO BE BOUND BY THESE TERMS.IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THE SERVICE.

WE RESERVE THE RIGHT TO MODIFY THESE TERMS AT ANY TIME, AND EACH SUCH MODIFICATION SHALL BE EFFECTIVE UPON POSTING.ALL MATERIAL MODIFICATIONS WILL APPLY PROSPECTIVELY ONLY.YOU’RE CONTINUED USE OF THE SERVICE FOLLOWING ANY SUCH MODIFICATION CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS, AS MODIFIED.IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SERVICE.  THEREFORE, IT IS IMPORTANT FOR YOU TO REVIEW THESE TERMS REGULARLY.

I. GENERAL TERMS AND CONDITIONS:

These General Terms and Conditions are a part of the Indy John Terms of Service and apply to all users of the Service, whether offering to sell or selling, promoting, advertising, networking, browsing or buying Merchandise, Items, or Services through the Service.

Eligibility -

To use the Service, you must be able to enter into a binding contract under the applicable laws.If you are an individual, you represent that you are 18 years of age or over, or of the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years.If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

Registration -

You are required to register and create a unique, password-protected account (“your account”) in order to access and use the Service to offer, sell or buy , casually shop, promote and advertise Merchandise, Items, and Services or Network.You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times.  You authorize us to use any information you provide us (including your Country or State ID, SSN, TIN or EIN) to verify your antecedents and obtain your credit reports before opening your account.We reserve the right to reject your application or delete your account without warning if you are found to have misrepresented your registration information or you fail to meet our eligibility criteria.

You are responsible for maintaining the confidentiality of your account user name and password.You agree to (a) immediately notify us of any unauthorized use of your password or account, or any other breach of security, and (b) ensure that you exit from your account at the end of each session.You will be solely responsible for safeguarding your password and also for any actions under your password and account, whether authorized by you or not.

Acceptable Use Policy -

Subject to your acceptance and compliance with these Terms, we hereby grant you permission to access and use the Service, provided that you shall not (and not allow third party to):

  • (i) lead off the Site to complete transactions in any manner including through links in emails, chat or phone correspondence with users;
  • (ii) modify, adapt, translate, or reverse engineer any portion of the Service or the Site;
  • (iii) remove any copyright, trademark or other proprietary rights notices contained in or on the Site or Service or in or on any content or other material obtained via the Site or Service;
  • (iv) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service;
  • (v) access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of business reviews;
  • (vi) collect or harvest any information about other users or members (including usernames and/or email addresses) for any purpose;
  • (vii) reformat or frame any portion of the web pages that are part of the Site;
  • (viii) create user accounts by automated means or under false or fraudulent pretenses;
  • (ix) create or transmit unwanted electronic communications such as “spam” to other users or members of the Service or otherwise interfere with other users’ or members’ enjoyment of the Service;
  • (x) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
  • (xi) use the Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene;
  • (xii) copy or store any content offered on the Site for other than your own personal use;
  • (xiii) use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
  • (xiv) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
  • (xv) use the Service intentionally or unintentionally, to violate any applicable local, state, national or international law; or
  • (xv) collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

Indy John Role and Release -

The Indy John Service is an online network and/or marketplace for third-party suppliers, buyers, and networkers to locate or advertise items and services, post and search jobs, and network and solicit offerings.We are neither a supplier nor a buyer and we do not have an interest between any buyer and supplier relationship.As a supplier, you may list and sell any permitted items of Merchandise or Services on the Site and, as a buyer, you may locate and purchase any product or service offered by the suppliers.Therefore, if you have a dispute with a supplier or a buyer, you release us, our affiliates (and our respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.  For example, if you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

We are not responsible in any way for actual transactions between a supplier and a buyer, however we do use third party services to process agreed payment terms and require you to abide and fully understand their terms and conditions.Without limiting the generality of the foregoing, you acknowledge and agree as follows: (i) we do not participate in any actual transactions, including, without limitation, negotiations, discussions, or proposals, and you expressly waive any requirement that purports to impose on us an obligation to perform any services other than those expressly undertaken by us; (ii) we do not render legal, brokerage, scientific or other professional advice or services; in the event you desire or need such services, we strongly advise you to secure the same; (iii) we are not undertaking any, and have no, duties to you including, without limitation, the obligation to screen prospective suppliers or buyers; and (iv) while we comply with applicable state and federal laws, we cannot guarantee that our users so comply.  Accordingly, we assume no liability for any user’s failures to comply with such laws.

We are not responsible for any faulty job listings that appear in our search results, it is up to the Indy John user to notify Indy John at Support@IndyJohn.com and notify us of the faulty job listing and we will promptly remove the listing within 24 hours. We are also not directly involved in the hiring process, if a candidate solicits a job and is unable to secure the position, we are not responsible, the decision is solely up to the company and/or party who listed the Indy John job listing. If a company job position is filled using Indy John job services, Indy John is doesn’t represent the companies who list jobs using our jobs app service, and will not be responsible for any wrongdoing resulting from the employee and employer established using IndyJohn.

Reservation of Rights -

You acknowledge that this Site, this Service and the underlying software and all intellectual property rights therein, including copyrights, patent rights, trade secret rights, and trademark rights, are owned by us.All rights not expressly granted herein are reserved by us.Except as expressly and specifically set forth in the Terms, nothing herein shall be construed as granting to you any property right, by license, implication, estoppel, or otherwise, to any of our intellectual property rights.

Indy John and its associated logos are either registered trademarks or trademarks of ours.All other company names, logos and other identifying marks that may be listed as part of our Service may be trademarks of their respective owners.WE DO NOT CLAIM ANY OWNERSHIP IN ANY THIRD PARTY’S TRADEMARKS NOR DO WE CLAIM ANY SPONSORSHIP, ASSOCIATION WITH OR ENDORSEMENT BY SUCH THIRD PARTIES.

Your Content -

We may allow you to post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information (“your content”) on the Site.You are solely responsible for your content.Subject to the licenses you are granting hereunder, you retain all right, title and interest, including without limitation all worldwide intellectual property rights, in and to your content.

By submitting, posting or displaying your content on or through the Site, you automatically grant to us a worldwide, perpetual, royalty-free, irrevocable, non-exclusive, sub-licensable and transferable right and license to use, reproduce, store, host, index, cache, distribute (through multiple tiers), publicly perform, publicly display, (each of the foregoing in any form, medium or technology now known or later developed), modify and adapt including without limitation the right to adapt for streaming, downloading, broadcasting, distribution, publicly displaying, publicly performing (each of the foregoing in any form, medium or technology now known or later developed), create derivative works from, and exercise all aforesaid rights with respect to such derivative works, and otherwise exploit in any manner, your content or any part thereof.You hereby expressly waive any and all so-called moral rights you may have in your content.

Indy John dashboard contains Industrial news and/or content that is provided as a courtesy to our users and is strictly used as an informative tool.  News articles that are plugged into our newsfeed do not represent any views or opinions of any Indy John company members.The news articles are opinions and sourced from external Industrial news providers. If you find any content offensive, please contact our support team and we will evaluate the content and make the decision to remove or allow the content. This decision is made by Indy John, Inc.

You hereby represent and warrant that your content, (i) and our use thereof pursuant to these Terms does not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right, (ii) does not contain any material that is sexual, pornographic, erotic, obscene, indecent or profane in its use of sexual language or description or depictions of sexual acts, (iii) is not fraudulent, misleading, hateful, tortuous, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene, (iv) does not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another party’s use of the Service, (v) does not promote illegal or harmful activities or substances or provide instructional information about activities such as making or buying illegal weapons or substances, (vi) is not illegal, unlawful or contrary to the laws or regulations in any state or country where, as applicable, your content are created, displayed or accessed, (vii) does not contain any adware, malware, spyware, computer programming routines, software or viruses that are intended to damage, interfere with or in any way limit the functionality of any computer software or hardware or telecommunications equipment, intercept or expropriate any system data or personal information, permit unauthorized access to the Service or any part thereof or disable, damage or erase any portion of the content or advertisements processed or stored therein; or (viii) does not constitute unsolicited bulk email, junk mail, spam or chain letters.

Merchandise -

You are only allowed to list, advertise, promote, and sell  Merchandise and Services through our Service.We reserve the right to determine whether your products or services qualify for offering through the Service.Without limiting the foregoing, following products are expressly prohibited from being listed through the Service: (a) offensive materials, including material that incites racial hatred or promotes discrimination based on race, sex, religion, national origin, physical ability, sexual orientation or age; (b) obscene materials including pornographic material; (c) live animals; (d) intoxicating liquor and tobacco and home-made alcoholic beverages; (e) firearms and ammunition; (f) stolen goods; (g) advertisements not approved by us; (h) illegal or prescription drugs; (i) items whose sale, distribution or offering for sale is prohibited by any applicable law; (j) offensive weapons, poisons and dangerous substances (as defined by the applicable law or laws).

Disclaimer of Warranties -

THE SITE, THE SERVICE AND ALL FEATURES AND FUNCTIONALITIES ASSOCIATED THEREWITH ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE DISCRETION AND RISK.YOU ACKNOWLEDGE AND AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICE AND PURCHASE AND SALE OF MERCHANDISE, AND ANY CONTENT DESCRIBING THE MERCHANDISE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT WE MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SERVICE, INCLUDING ANY FEATURES THEREOF, WITHOUT COMPENSATION OR NOTICE TO YOU.WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICE OR THAT YOUR USE OF THE SERVICE WILL BE FREE FROM INTERRUPTION, LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION AND WE DISCLAIM ANY LIABILITY WITH RESPECT THERETO.

Limitation of Liability -

You understand and agree that your use of our Network and/or Marketplace is at your own discretion and risk and that you will be solely responsible for any damages that arise from such use including, without limitation, for loss of data and or any type of malfunction to your computer.IN NO EVENT SHALL WE OR ANY OF OUR SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR PERFORMANCE OF THE SERVICE.IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE COMMISSION EARNED BY US FROM THE TRANSACTION GIVING RISE TO THE CLAIM.THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification -

You will defend, indemnify and hold harmless us and our affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; or (ii) your use of the Service.

Basis of the Bargain -

THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING SECTIONS ON INDEMNIFICATION, WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY FAIRLY ALLOCATE THE RISKS BETWEEN THE PARTIES AND ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Privacy -

All information we collect on the Site is subject to our Privacy Policy located in IndyJohn.com privacy policy page.  By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.We reserve the right to send notifications and updates about the Service and as a user of the Service, you can opt out of receiving such messages in accordance with the Privacy Policy.

You will not, and will cause your affiliates not to, directly or indirectly disclose, convey or use any order information or other data or personal information acquired by you or your affiliates from us as a result of your use of the Service or the transactions contemplated hereby, except as necessary for you to perform your obligations, provided that you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information.

Anonymous Data Collection -

We shall have the right to utilize data capture, syndication, analysis tools, and other similar tools to extract, compile, synthesize, and analyze any non-personally identifiable data or information resulting from your use of the Service (“anonymous data”).To the extent that any anonymous data is collected by us, such data shall be solely owned by us and may be used by us for any lawful business purpose without a duty of accounting to you therefor; provided, that the anonymous data is used only in an aggregated form, without specifically identifying the source of the anonymous data.

Use of Third Party Services -

Indy John does allow users to engage and interact using third party services within the Indy John platform, mainly social media applications and payment processing services, specifically paypal and stripe. Third party service icons may appear on our platform but this doesn’t signify any partnership or business connection.We are not an official partner of any third party service company and all users of these applications are required to have a clear understanding of this prior to using our service. All third party terms of use, as well as privacy policies should be clearly understood prior to using our platform.

General -

These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles.The United Nations Convention on Contracts for the International Sale of Products is excluded and does not apply to these Terms.If any dispute relating in any way to these Terms or the policies or your use of the Service shall be submitted to confidential arbitration in Los Angeles County, California, USA, except that, 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 any state or federal court in the State of California, USA and you consent to exclusive jurisdiction and venue in such courts.Arbitration under these Terms shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures.The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.  The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.  If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect.  These Terms constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral.

Social Networking -

Indy John offers users an opportunity to join the Indy John Industrial Network and member privileges to continue building their own personal network of people and/or companies inside Indy John using social tools provided by Indy John. All user networking actions are voluntary and based on the Indy John user’s own personal judgement. We don’t actively monitor actions by users but reserve the right to monitor any user activities at any time without the consent of the Indy John account holder for any reason we fill is worthy.

Promotions and Giveaways -

All promotions, special offers, discounted prices, and all other marketed or solicited information from Indy John, Inc. are valid for whatever the offer claims but are also subject to change or be withdrawn at any time without prior warnings.If you do not agree with these terms, stop using our service and we will remove your account upon written request.

Indy John Legacy Program -

Indy John offers to all users the chance to become a Legacy Member, this means the following - any users who sign up before the date advertised on Indy John’s site and doesn’t cancel the Indy John service at any time will be issued Legacy Status. This status ensures their subscription price is locked as long as they remain a member with no cancellation and a 10% discount on ALL future released products and services offered by Indy John on the Indy John site, excluding any modifications to a Gold Account membership, as well as the Job Board posting fees.

Partnerships -

Indy John reserves the right to select companies they deem fit to form a partnership with - partnerships are effective upon a written and signed agreement between both parties.Partnership process may include an application coupled with a decision, followed by a termed contract. Each partnership may be unique to the relationship and the details or agreements of the contract may differ from each partnership.  Indy John partnerships are termed in duration and spacing is limited. During partnership duration, Indy John reserves the right to cancel any partnership and any time if we suspect terms have been altered or changed in any way. Indy John treats these as general partnerships covering specific agreements and not exclusive partnerships covering broad general criteria.

II.  SELLING, PROMOTING, AND ADVERTISING ON INDY JOHN TERMS AND CONDITIONS:

Selling, Supplying,  Promoting, Advertising on Indy John Terms and Conditions are a part of the Indy John Terms of Service and apply to all suppliers using the Service in addition to the General Terms and Conditions.

Listing and Selling your Products and Services -

After you have completely set up your account, we will enable you to create Lead Requests and offer or list your Merchandise or Service on the Site.We may enable you to list your Merchandise on a sub-Site that lists solely your Merchandise, or lists that specific item of Merchandise. As a supplier, you will be responsible for providing accurate and complete information and for promptly updating that information, as necessary, to ensure it at all times remains accurate and complete.Your listing on the Site constitutes an offer to buy your Merchandise, subject to the terms and conditions contained herein or such other terms and conditions as you may agree with a buyer.

Pay Now -

Indy John allows all users to pay any quote offered to them using our PAY NOW feature, however Indy John doesn’t hold the transactional money at any time, money is immediately transferred from Buyers to Suppliers via a Suppliers provided payment method.Upon using this feature we charge a 5% total cost processing fee - paid by the supplier for the items or services offered.Any disputes or refunds requested by any user can be made by contacting the Supplier, Stripe, or PayPal directly.Indy John will not be responsible for handling or settling of any disputes resulting from a transaction using Indy John.

To conclude, we allow and organize payments as a courtesy to our users but all payment management is done via PayPal or stripe and prior to using this feature, you are responsible for reviewing and having a clear understanding of their terms and conditions. Our processing fee is non-refundable.

Team Supplying -

You agree to all Terms and Conditions in this section, as well as all other related information not listed in this section but covered by our general terms and conditions. Indy John does allow all users to engage in team supplying.  All teams consist of a Team Manager and Team Members, these team relationships are established when team managers invite or manually add team members to join their team.Indy John doesn’t have an interest in these relationships and will not be responsible for ANY disputes resulting from team supplying efforts.Removal from a team is done by Team Manager which controls ALL team data, details and members.If a dispute can’t be solved, Indy John has the right to suspend any accounts related to the dispute, until the dispute is resolved. Payment of user monthly memberships is the responsibility of the individual users.Team Billing is available as an option for group paying.

Order Processing and Collection of Sales Proceeds -

We are currently allowing payments within our service via third party companies, but are not directly involved with managing the payments-which is done by a third party company, however for each item of your Merchandise sold with the assistance of our Service, we will make available to you the Quote and Pricing Information (as defined below) received by us.You agree that you have exclusive rights to collect all sales proceeds from the buyers including the applicable shipping, handling and other charges determined by you.

Transaction and Fulfillment -

We are currently allowing transaction and providing fulfillment assistance within our service but upon using our service you are responsible and agree to: (a) source, offer, sell and fulfill each order placed by a buyer for your Merchandise, in each case in accordance with the terms of the applicable Order Information, these Terms, and all terms provided by you and displayed on the Site at the time of the order and be solely responsible for and bear all risk for those activities; (b) package each item of your Merchandise in a commercially reasonable manner (c) include an order-specific packing slip, and, if applicable, any tax invoices, within each shipment of your Merchandise; (d) identify yourself as the supplier of your Merchandise on all packing slips or other information included or provided in connection with your Merchandise and as the person to which a customer may return the applicable product

Cancellations, Returns and Refunds -

Indy John is network and/or marketplace that matches and connects buyers and suppliers of merchandise, items and services.We do not manage the payments but allow for payments to be made via third party services.  We do not accept returned merchandise. You agree to post your accurate returns and refunds policy on the Site.  For your Merchandise, you will accept and process all cancellations, returns, refunds and adjustments in accordance with your refunds and returns policies displayed on the Site at the time of the order.  You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to buyers in connection with cancelled orders.  You will route all payments to buyers in connection with cancelled orders through Indy John.  The original processing fee paid on this site is non-refundable.

Delivery Errors and Recalls -

You are solely responsible for any non-performance, non-delivery, mis-delivery and shipping address verification, theft or other mistake or act in connection with the fulfillment of each order for your Merchandise, except to the extent caused by: our failure to make available to you Order Information as it was received by us.  You will notify us promptly as soon as you have knowledge of any public or private recalls of your Merchandise.

Parity with Your Other Sales Channels -

You are free to determine which of your Merchandise you wish to offer through the Service.  You will maintain parity between the products you offer through other sales channels you use and the products you list on the Site by ensuring that : (a) the purchase price and every other term of offer or sale of your Merchandise (including associated shipping and handling charges, shipment information, any “low price” guarantee, rebate or discount, any free or discounted products or other benefit available as a result of purchasing one or more other products, and terms of applicable cancellation, return and refund policies) is at least as favorable to the Site users as the most favorable terms upon which a product is offered or sold via other sales channels; (b) customer service for your Merchandise is at least as responsive and available and offers at least the same level of support as the most favorable customer services offered in connection with any of other sales channels; and (c) your content, product and service information and other information regarding your Merchandise that you provide on the Site is of at least the same level of quality as the highest quality information displayed or used in other sales channels.  If you become aware of any non-compliance with (a) above, you will promptly compensate adversely affected customers by making appropriate refunds to them in accordance with these Terms.

Seller Taxes -

We allow for payments via third party services but we are not currently managing the payments, so you agree that it is your responsibility to determine whether Supplier Taxes (as defined below) are accurate and apply to the sales transactions involving your Merchandise and to notify us.“Supplier Taxes” means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.

Reviews and Endorsements -

We may use mechanisms that review and endorse, or allow users to review and endorse, your Merchandise, Service and your performance as a supplier.  We may make these ratings and feedback publicly available.

Control of Site -

We have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the Site, including by redesigning, modifying, removing or restricting access to any of them, and by suspending, prohibiting or removing any listing.

III. BUYING OR SHOPPING ON INDY JOHN TERMS AND CONDITIONS:

Buying or Shopping on Indy John Terms and Conditions are a part of the Indy John Terms of Service and apply to all buyers using the Service in addition to the General Terms and Conditions.

Shopping for Merchandise -

Indy John assists buyers with purchasing merchandise by matching and connecting with third party suppliers, who offer pricing options to the Buyers. Buyers submit Buy requests and are matched with third party suppliers. Indy John assist in order processing by allowing payment options via PayPal or stripe but leaves the order processing decisions and full execution exclusively to the third party suppliers. Suppliers’ listing on the Site constitutes an offer to you to buy their Merchandise. Please carefully read these Terms and any special terms and conditions including supplier’s returns and refunds policy before placing an order.We shall not be parties to any contract between you and the supplier and are not responsible for any act or omission by either party that may be in violation of such a contract.Without limiting the foregoing, we are not responsible for timely performance by either party of its obligations or failure of any representations or warranties made by either party under such a contract or for any defects in Merchandise supplied by the suppliers.If an item of Merchandise is listed at an incorrect price or with incorrect information due to a typographical error or error in pricing or product information received from a supplier. We have the right to refuse or cancel any orders placed for such products or services, whether or not you have placed the order or have been charged.

Pay Now -

Indy John allows all users to pay any quote offered to them using our PAY NOW feature, however Indy John doesn’t hold the transactional money at any time, money is immediately transferred from Buyers to Suppliers via a Suppliers provided payment method.Upon using this feature we charge a 5% total cost processing fee - paid by the supplier for the items or services offered.Any disputes or refunds requested by any user can be made by contacting the Supplier, Stripe, or PayPal directly.Indy John will not be responsible for handling or settling of any disputes resulting from a transaction using Indy John.

To conclude, we allow and organize payments as a courtesy to our users but all payment management is done via PayPal or stripe and prior to using this feature, you are responsible for reviewing and having a clear understanding of their terms and conditions. Our processing fee is non-refundable.

Team Purchasing -

You agree to all Terms and Conditions in this section, as well as all others not listed in this section. Indy John does allow all users to engage in team purchasing.All teams consist of a Team Manager and Team Members, these team relationships are established when team managers invite or manually add team members to join their team.Indy John doesn’t have an interest in these relationships and will not be responsible for ANY disputes resulting from team purchasing efforts.Removal from a team is done by Team Manager which controls ALL team data, details and members.If a dispute is unresolved, we may suspend all accounts related to the dispute until resolution is satisfied by all parties involved and by Indy John.  Payment of user monthly memberships is the responsibility of the individual users, however employer payment for employee accounts are permitted. Team Billing is available as an option for group paying.

Descriptions -

We require the suppliers provided information to be as accurate as possible.However, we do not warrant that Merchandise descriptions or other content on the Site is accurate, complete, reliable, current or error-free.  If an item of Merchandise offered on the Site is not as described, your sole remedy is to return it in unused condition.

Changes to Buy Request -

Once submitted, any change(s) to your buy request(s) may be made only by you.Changes requiring different terms, including a change in the price and/or time of delivery will be solicited and made by you.  Once buy request is submitted, you may continue, pause, or delete any request. We reserve the right to cancel any buy request, in whole or in part, upon your breach of these Terms or your bankruptcy, insolvency, dissolution, receivership proceedings, or upon the occurrence of any event leading us to reasonably question your willingness or ability to perform.

Delivery Claims and Returns -

We offer fulfillment assistance but we don’t currently handle sale and fulfillment of orders, that is the supplier’s sole responsibility.We will not be responsible for any disputes or errors arising during delivery or returning of merchandise.All orders and details resulting from buy requests through our service are handled and managed by you and the third party supplier of merchandise and services.

Delays -

We shall not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture, deliver or otherwise perform hereunder. If for reasons other than force majeure, supplier should default or delay or not deliver the ordered Merchandise.

Use of Merchandise -

The Merchandise offered through the Service is intended primarily for industrial purposes and, unless otherwise stated on product labels or in other literature furnished to you by supplier, is not to be used for any other purposes, including but not limited to, in-vitro diagnostic purposes, in foods, drugs, medical devices or cosmetics for humans or animals or for commercial purposes. You acknowledge that the Merchandise has not been tested by Indy John for safety and efficacy in food, drug, medical device, cosmetic, commercial or any other use. You expressly represent and warrant to Indy John that you will properly test, use, manufacture and market any Merchandise purchased through the Service and/or materials produced with such Merchandise in accordance with the practices of a reasonable person who is an expert in the field and in strict compliance with all applicable laws and regulations, now and hereinafter enacted.

Reviews and Endorsements -

We may use mechanisms that review and endorse, or allow users to review and endorse, your Merchandise, Service and your performance as a buyer or general user.We may make these ratings and feedback publicly available.

Patent Disclaimer -

We do not warrant that the use or sale of the Merchandise delivered hereunder will not infringe the claims of any United States or other patents covering the product itself or the use thereof in combination with other products or in the operation of any process.

IV. Indy John Account Terms:

Indy John Account Prices -

Indy John offers monthly and annual subscriptions and/or accounts, these subscription pricing terms are non-negotiable and are subject to change at any time. Prices of committed membership accounts are subject to change at any time during or after the initial commitment period. Indy John does charge a group setup fee for anyone requesting we create more than one account for the requester - price is unique to each party and determined solely by Indy John on an individual basis.

Upgrading or Downgrading an Account -

Accounts are purchased in monthly cycles and no credit will be issued for cancellations.You may upgrade your Indy John account on the Indy John Service. You may also, subject to any minimum term commitment that may apply, downgrade your Indy John account online or by contacting Indy John customer service. Such Indy John account changes will be effective as of the date of your request and your membership will become subject to the new account you selected.

Gold Membership Accounts -

Free Members can upgrade to Gold Accounts by purchasing a non-refundable recurring payment monthly or annual cycled Gold account. Upon any upgrade, Indy John will charge your provided credit card the account monthly fee for the Gold Membership Plan. If your default payment is declined for any reason, Indy John may charge any credit card on file with your profile. Gold Members cannot upgrade to another Indy John Plan.

Downgrades -

Gold Account users can downgrade to a free account but no credits will be paid to user.All accounts are sold on monthly and annual cycles, if you choose to downgrade, simply allow your upgrade to expire and continue using our service as a free account member. Any complimentary subscription that you receive as part your Gold Membership account will expire upon any downgrade to the free account.

Individual and Team Billing -

All users and teams will be billed on a monthly or annual cycle, dependent on the day you signed up for our upgraded account service.Recurring payments will be automatically deducted from your provided credit card details, until you have decided to change your Indy John account status from a valued account to a free account. No credit will be issued if you change account terms during a monthly cycle, these account prices are sold at a per month basis. Any user or team manager may pay for all team member accounts; this billing is treated as any other account purchase and covered by all terms and conditions regarding billing. Indy John will not responsible for any disputes related to billing, as this dispute is solely between Team Manager and Team Member.

Annual payment option -

Indy John offers annual subscriptions with discounted pricing - this pricing and discounted rate is non-negotiable and available to all users. Indy John has the right to change discounting rates and pricing terms at any time.Team billing terms also applies to annual payment subscriptions.  No refund will be issued for members who decide to end relationship with their team. Indy John is not responsible for any disputes arising from payment matters between team managers and members.

Cancellation of Indy John Accounts -

You may cancel your Indy John account online, by contacting Indy John customer service, or by simply not using the Indy John service. Upon cancellation of any membership, all available credits will expire at the end of the monthly cycle, and all complimentary Subscriptions will expire. Members will not receive a full or partial refund of any monthly or annual fee already paid.

V.  INDY JOHN Affiliate Program TERMS:

General -

These terms and conditions as well as all other Indy John general terms apply to Indy John’s Affiliate Program (“Program”). By referring a friend, purchasing valued accounts, or otherwise participating in the Program, the referring customer and referred friend agree to be bound by these terms and conditions, Indy John’s General Terms and Conditions, and the Indy John’s Privacy Policy.  You agree to a mandatory arbitration provision that provides that (except for matters properly brought to small claims court) any claim, controversy, or dispute of any kind between you and Indy John must be resolved by final and binding arbitration on an individual and not a class-wide or consolidated basis.

 Program Participation and Eligibility -

The Program is available only to Indy John users signed up to use Indy John services. Referral payout will be paid to any user that refers another user signed up for a valued account. Please allow up to 45 days after referral validation for referral reward to be applied electronically or by check, payouts are available via check upon request. Indy John reserves the right to modify, extend or cancel this Program at any time. The Program is only available online through the Indy John website. Internet access is required for participation in the Program. Current Indy John customers, who initiate a referral, are defined as “Referrers.” Non-customers who sign up for Indy John service upon a referral are defined as “Referees.”

Eligible Referrals -

The Program is only available for active Indy John users in good standing. To make referrals, you must have signed up for Indy John services and be an individual person of the age of majority in the state/province or jurisdiction where you are resident at the time of participation.

Participation in the Program is prohibited where void by applicable law or regulation. The Program is only available through IndyJohn.com. If your account is “interrupted”, “suspended” or you cancel your account with Indy John, you are no longer eligible to participate in the Program. Upon cancellation with Indy John, your account will be inactive and you may not make referrals or earn Program payouts, including any referral credits that may be pending. You cannot redeem a referral credit for referring yourself. You may only participate in the program online at IndyJohn.com, not at any retail outlet. You may only participate in the Program with one account. People you invite (“Referees”) have to activate a new valued monthly account for you to receive a referral payout. To participate and earn a payout, Referees must register on the Indy John website, sign up for a valued account and generate a service activation date.

Ineligible Referrals -

Unless otherwise noted, this program applies only to Gold Indy John accounts.The Program may not be available for other Indy John accounts or services, and other plans deemed ineligible (collectively, “Ineligible Referrals”). In addition, Referrals made through non-authorized Indy John referral channels are not eligible for the program. Indy John reserves the right to void any Referral credit based on the following: (1) ineligibility of any Program participant, (2) fraudulent activation or, (3) if Indy John, in its sole discretion, finds that you have violated any of the Program Terms and Conditions.

Eligible Referees -

Each Referee must activate a new Indy John valued monthly account for referral payout to take place.You cannot receive credits for referring yourself or by renewing your monthly plan with Indy John. There is no maximum on how much Indy John users can earn in a calendar year. If you are a new Indy John customer who was referred by an existing Indy John customer, you are eligible to earn referral rewards, including your initial referral reward. You must disclose the fact that you are an Indy John customer when you make referrals. You agree to let your Referees know that you are the Referrer and that you may receive a referral reward if your Referee signs up for Indy John service. You will not receive any referral reward if your referrals are rejected or are not received for any reason, or if you fail to comply with any of the terms of the Program.

Reward Redemption -

Referral rewards are non-transferable, non-assignable, and cannot be redeemed or exchanged for cash, credit, or other merchandise.

Reward Issuance Expiration -

If further action is required for reward issuance, members successfully complete the additional action within 30 days from initial notification of the request for further action; otherwise the member will forfeit the pending reward.

 Affiliate Program Tax and Liability -

You are responsible for any and all tax liabilities associated with the Program.Contact your tax professional to learn about referral payout tax responsibilities.

Void Where Prohibited -

This Program is void where prohibited by law.

Changes to the Program -

We reserve the right to change the terms and conditions of the Indy John Affiliate Program at any time, without notice, at our sole discretion. We reserve the right to not award a credit or disqualify someone from the Program if we feel, in our sole discretion, that fraudulent behavior or other unethical conduct has occurred in any way that compromises the fairness the Program in any way. Credits cannot be combined with other promotions and are not valid for previous offers or orders. Spam, unsolicited commercial email, or any form of illegal means of communication is illegal, prohibited, and will be grounds for termination of your account and participation in this Program. Fraudulent or unethical means of communication such as using bots, fictitious identities, fake emails, or scripts is also prohibited and will result in similar actions by us with respect to terminating your account and participation in the Program.

By participating in this Program, you agree to release and hold us harmless from any and all claims or damages arising out of, or in connection with the Program. You further agree that the Program and credits are provided "as is where is". THERE ARE NO REPRESENTATIONS OR WARRANTIES INCLUDING BUT NOT LIMITED TO STATUTORY WARRANTIES AND CONDITIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THIRD PARTIES RIGHTS, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF ONE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

VI. INDY JOHN JOB APP TERMS:

Prior to using our job board service, you agree to all the following rules and terms, as well as all other terms of usage covered by our general terms and conditions and privacy policies. This job listing feature and service on the Indy John platform connects Job seekers or Candidates with Employers.Candidates can apply directly to Job Poster via Indy John platform. We do not employ job seekers or Candidates, and it's entirely up to Employers to engage with prospects and offer the listed job. Job Postings or Listings are valid for 30 days unless you’re a valued account holder, meaning a non-free account user, for which they do not expire. Job Posting fee is non-refundable and non-negotiable, rates may change without prior notice, and all rate changes are decided by Indy John, Inc.

While using our Job posting or listing service, you agree not to do any of the following without our prior written consent -

  • Post any job related information with any inaccurate, incomplete, or misleading information.
  • Create other job postings as your own, post the same listing more than once on the Site or post multiple listings within one posting using external code or scripts.
  • Promote other job listing service providers by placing any content within the job details of a job posting that directs Indy John users seeking jobs to apply directly via another job posting or listing service provider.
  • Resell job listing information or make this information available to any person who is a professional who assists job seekers with all related employment assistance.
  • Use any software to navigate, search or store information from the Indy John site. As well as modify any portion of the Site.
  • Express that any statements or interaction you make are endorsed by us.
  • Impersonate any person or entity.
  • Respond to a job listing on behalf of anyone other than yourself.
  • Delete or revise any material posted by any other person or entity.
  • Restrict or inhibit any other user from using and enjoying the Site and services, including, without limitation, by means of "hacking" or defacing any portion of the Site.
  • Post or transmit any job advertisement or posting that does not comply with applicable law, including, but not limited to, United States federal, state and local laws relating to equal employment opportunity and employment eligibility verification; including post or transmit any job advertisement or posting that require a visa as a condition of employment; or that require United States citizenship or lawful permanent residence in the United States as a condition of employment, except when necessary to comply with law, regulation, executive order, or government contract.
  • Remove any copyright, trademark, or other proprietary rights notices contained in the Site. Indy John assumes no responsibility or liability for any person(s) selected by your company. Selection is based solely on your company's investigation, verification and determination that such hire is suitable for your company's purposes.

The Company has no obligation to monitor any of Indy John’s services. However, you acknowledge and agree that Indy John has the right at any time to monitor all services provided by this platform, including any user interaction, and the materials you transmit or post, to protect itself, its sponsors, its registered users and visitors, and to comply with legal obligations or governmental requests. Indy John reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it deems in its sole discretion to be unacceptable, offensive or in violation of this Agreement. The Company also reserves the right to prohibit any user who violates any or all Terms of Conditions or Privacy Policy.