Currently displaying Terms & Conditions for: United States
Current policy effective as of June 5, 2017
The Indigo Terms provide that all disputes between you and Indigo relating to Indigo’s Terms or your use of the Indigo Site or Indigo Products will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under the Indigo Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section O (“Dispute Resolution”) for the details regarding your agreement to arbitrate any disputes with Indigo.
By using the Indigo Site, you are indicating to us that you agree to the Indigo Terms as they are written here. If you do not agree to the Indigo Terms, please leave and do not use the Indigo Site. If you have any questions about the Indigo Terms, please contact us at [email protected]
The Indigo Site allows you to learn about and to purchase Indigo mattresses and other Indigo products (collectively, “Products”).
We may change, suspend, or discontinue any aspect of the Indigo Site at any time, including hours of operation or availability of the Indigo Site or of any Indigo Product or feature, without notice or liability.
We may offer Indigo Products through other authorized distribution channels, such as other sellers and websites; if so, the terms, conditions, and policies applicable to those other sellers and websites may apply, and those may be different than these Terms.
Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against Indigo on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
II. ELECTRONIC COMMUNICATIONS WITH INDIGO
By visiting the Indigo Site and/or communicating with Indigo by email or by chat via the Indigo Site, you are communicating with us electronically and agreeing that we may communicate with you electronically (including by email, chat on the Site, notices posted to the Site, and possibly other means as well). You agree that all such electronic communications with Indigo (including all notices, disclosures, warranties, and agreements) satisfy any legal requirement that such communication be “in writing.” Indigo may also communicate with you via telephone; please let us know if you do not want us to contact you that way.
III. ACCESS TO INDIGO SITE
You may not use the Indigo Site unless you are over the age of 13.
IV. INDIGO’S INTELLECTUAL PROPERTY AND CONTENT
You may not copy or use any of the Content and Intellectual Property of or on the Indigo Site without our prior written authorization. Content means all of the visual, audio-visual, and written information displayed on the Site, including all graphics, photographs, drawings, designs, iconography, animation, videos, and writing (collectively, “Content”). All Content on the Site is the property of Indigo and/or third parties with whom Indigo has a relationship, and all Content may be protected by one or more applicable intellectual property laws, including without limitation copyright, right of publicity, trademark laws.
The source code and compilation of this Site are likewise the exclusive property of Indigo and protected by applicable intellectual property laws. You are not authorized to use such source code for any purpose other than the ordinary use of the Site.
All Indigo trademarks, service marks, trade names, trade dress, and other branding devices (collectively, “Marks”) that appear on the Indigo Site and/or Indigo Products (collectively the “Indigo Marks”) are the exclusive property of Indigo and are protected by applicable intellectual property laws. Indigo may display Marks that are owed by third parties with whom we have a relationship. You may not display or use the Indigo Marks (or Marks of third parties displayed on the Site) without our prior written authorization from Indigo (or prior authorization from the applicable third party).
If you are a member of the press, you may use the Content included on the Indigo Press page without our prior written authorization, but only for legitimate, accurate, non-commercial reporting purposes that are not likely to cause confusion as to the source, sponsorship and/or affiliation of Indigo or Indigo’s Products.
Please contact us at [email protected] if you have questions about our Content or intellectual property, including whether we are willing to authorize your use of the same.
V. INDIGO LIMITED LICENSE AND SITE USE
You are allowed to use the Site only for your lawful personal use (or personal use on behalf of a third party). You may not use the Site to do or to facilitate any of the following things (or otherwise to violate any laws or legal rights of anyone else):
- Copy, imitate, mirror, distribute, publish, download, publicly display, publicly perform, post or transmit any of the Content in any manner or format, and through any means now known or later developed;
- Resell any Indigo Products or display or describe Indigo Products for commercial or competitive purposes, or in a false, misleading, or disparaging light;
- Commit fraud or other dishonest act, including by seeking refunds or other compensation or benefits for Product orders that are not legitimate, or about which you are not being completely truthful in your communications with us;
- Make commercial use of any Content or any Product available on the Site;
- Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the source code / HTML code underlying the Site;
- Use any automated software or tools that are designed to extract and copy data (such as bots, spiders, crawlers, or other similar data-mining, data-gathering, or data-extraction methods) on the Contents of, or source code / HTML code underlying, the Site;
- Collect any information about users of the Site;Attempt to interfere with, disrupt, reverse-engineer, steal from, or gain unauthorized access to, any of the software, technology, or equipment that supports the Site;
- Impersonate another person, or misrepresent your affiliation, with a person or entity;
- Post advertising or marketing links or content;
- Access the Site from anywhere in the world where it is unlawful for you to do so.
HONEST AND ACCURATE COMMUNICATIONS WITH INDIGO
You promise that all of the information that you provide to Indigo when communicating with us via the Site and/or otherwise, and when purchasing Products from us, will be true, accurate, current, and complete. We are not responsible for problems that you encounter as a result of false, inaccurate, outdated, or incomplete information that you provide to us. For example, when you purchase a Product via the Site, we will ship that Product to the address that you provided while completing your order. If that address is incorrect, you may experience problems with your purchase for which we will not be responsible.G. PURCHASING INDIGO PRODUCTSWe will display on the Site the current prices for all Products available for purchase via the Site. The prices do not include applicable taxes and fees that we are legally required to charge you. We will inform you about any such taxes and/or fees before you are able to complete a purchase order. For example, certain jurisdictions require us to charge and remit separate fees to support those jurisdictions mattress recycling efforts.The Indigo Site currently uses one or more third parties to process payments that you authorize in connection with purchasing Indigo Products. We will inform you of the methods of payment that our third party payment processors permit while you are placing your order.
Generally, shipping is free for customers in the contiguous United States. You may cancel an order anytime prior to shipment.
All amounts listed and monetary transactions on and via the Site are in U.S. dollars.
If you purchase an Indigo Product via the Indigo Site on behalf of another person or organization, then by doing that you represent and warrant to us that you have the right and authority to do so and to bind that other person or organization to these Terms.H. WARRANTY, AND OTHER REFUNDS / RETURNSPlease refer to our Limited Warranty to learn about the terms that apply to those Indigo offerings. Limited Warranty are each part of these Terms.For questions about potential refunds or returns not covered by the Limited Warranty, please contact [email protected]
CHARITABLE CONTRIBUTIONS AND WAIVING THE REMAINING TRIAL PERIOD
You are entitled to a 100 day free trial period for the purchase of new mattresses. Customers will have an option to accelerate their donation during the trial period, thereby ending the trial period. If you accept an offer to end this trial period, then your rights to such a trial period are forfeited.
DISCOUNTS ON INDIGO PRODUCTS
From time to time, we may offer special purchase terms on a very limited basis to persons, groups, or organizations with which we have a special business or philanthropic relationship. Any such special purchase terms may be subject to rules, terms, and conditions that are different than or in addition to these Terms.K. CONTENT YOU SUBMIT TO INDIGO From time to time, Indigo may allow you to submit or post reviews, comments, photos, videos, or similar content or materials on the Site (collectively, “Postings”). We welcome your Postings as long as they are appropriate. Postings may not harass, libel, defame, slander, threaten, or otherwise violate the legal rights of any other person or organization and may not be obscene, pornographic, defamatory, profane, or otherwise unlawful or indecent.We reserve sole and complete discretion over whether to allow or display, and how to use, all Postings. By submitting a Posting to us (via the Site or otherwise), you grant Indigo perpetual, worldwide, unlimited, fully assignable, royalty-free and fully-paid-up right and license to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform, create derivative works based upon, and otherwise use and exploit for any purpose (collectively, “Use”) such Posting through any means or method now or not yet in existence. The foregoing right and license includes a royalty-free license to Use the name, image, photograph and/or likeness of any person depicted in or identifiable from any Posting. You waive any and all rights under copyright law, right of publicity law, privacy law, and other legal rights (in addition to any “moral rights” that you may have in your Posting). Further, by submitting a Posting to Indigo (via the Site or otherwise), you promise to Indigo each of the following things:You possess all legal rights, authorizations, and/consents or releases necessary to grant to Indigo the foregoing rights in your Posting;Your Posting does not infringe, misappropriate, or violate any legal rights of any other person or organization party or entity;Indigo has no obligation to monitor the Site or Postings to the Site. However, we reserve the right to maintain full control over all aspects of the Site, including all Postings, and we may remove, delete, redact, or otherwise modify any Posting at any time, for any reason, with or without notice or further obligation to you.
If you do not agree with these terms, please do not submit a Posting.Indigo does not promise or guarantee that the content of any Posting will be truthful, accurate, or reliable.L. DIGITAL MILLENNIUM COPYRIGHT ACTThe Digital Millennium Copyright Act of 1998 (the “DMCA”) provides procedures for copyright owners to follow if they believe in good faith that material appearing on the Internet infringes their rights under U.S. copyright law. If you have such a good faith belief with respect to any content posted on the Site, you or your agent should contact Indigo in a writing clearly identified as a “Notification of Claimed Infringement.” That writing should describe the alleged infringement and request that the allegedly infringing content be removed (or that access to it be blocked). A “Notice of Claimed Infringement” must include the following information:A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Indigo to locate the material on the Site;Your name, address, telephone number, and e-mail address (to the extent available);A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; andA statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.If you believe in good faith that a notice of copyright infringement has been improperly filed against you, the DMCA permits you to send Indigo a counter-notice describing why you have that belief.Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.Notices and counter-notices with respect to the Site should be sent to le[email protected] We recommend that you obtain professional legal advice before filing a notice or counter-notice under the DMCA. The DMCA imposes penalties for false claims made under it.M. DISCLAIMERSIndigo is not responsible for any dispute or disagreement between you and any other person or entity with whom you may communicate or interact via or while using the Site. You assume all risk associated with dealing with such third parties. You release and shall hold harmless Indigo from and against all claims, injuries, demands, and exposures of any kind arising out of or relating to any such dispute or disagreement. You also promise not to involve Indigo in such dispute.YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND (B) EXCEPT FOR OUR EXPRESS LIMITED WARRANTY, INDIGO (INCLUDING ITS EMPLOYEES, OFFICERS, AGENTS, AND ADVISORS) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE SITE (AND PRODUCTS OR SERVICES AVAILABLE VIA THE SITE), IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.INDIGO MAKES NONE OF THE FOLLOWING WARRANTIES, EACH OF WHICH INDIGO EXPRESSLY DISCLAIMS:THE SITE WILL MEET YOUR EXPECTATIONS OR NEEDS;THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;THE NATURE, QUALITY, OR QUALITIES OF ANY PRODUCTS OR SERVICES PROMOTED OR AVAILABLE FOR PURCHASE VIA THE SITE WILL MEET YOUR EXPECTATIONS OR NEEDS.
LIMITATION ON INDIGO LIABILITYYOU EXPRESSLY UNDERSTAND AND AGREE THAT INDIGO WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INDIGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OF THE FOLLOWING:YOUR USE, OR INABILITY TO USE, THE SITE;THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE;UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA OR INFORMATION THAT YOU PROVIDE TO US VIA THE SITE OR OTHERWISE;STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON OR INVOLVING THE SITE;YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US OR THIRD PARTIES ON OR VIA THE SITE;ANY OTHER CIRCUMSTANCES ARISING OUT OF OR RELATING TO THE SITESOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, INDIGO’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF INDIGO CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE PRICE THAT YOU PAID FOR ANY PRODUCT(S) PURCHASED VIA THE SITE OR $50, WHICHEVER IS GREATER.NOTE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION DO NOT APPLY TO NEW JERSEY RESIDENTS.O. DISPUTE RESOLUTION WITH INDIGO; CHOICE OF LAW; MANDATORY ARBITRATIONGenerally: in the interest of resolving disputes between you and Indigo in the most expedient and cost effective manner, you and Indigo agree that any dispute arising out of or in any way related to these Terms or your use of the Site or Products will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Site or Products, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND INDIGO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions: Despite the provisions of the Section entitled “Generally” directly above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator: Any arbitration between you and Indigo will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Indigo. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice & Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail (“Notice”). Indigo’s address for Notice is: 3104 N. Armedia Avenue, Suite 2, Tampa FL 33607 or [email protected]
The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Indigo may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Indigo must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Indigo will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Indigo in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
Fees: If you commence arbitration in accordance with these Terms, Indigo will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Indigo for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions: YOU AND INDIGO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Indigo agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision: If Indigo makes any future change to this arbitration provision, other than a change to Indigo’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Indigo’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Indigo.
Enforceability: If the Section entitled “No Class Actions”) is found to be unenforceable or if the entirety of this Section XVII is found to be unenforceable, then the entirety of this Section XVII will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to these Terms or your use of the Site or Products.
Choice of Law & Venue: These Terms will be governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. If a lawsuit or court proceeding is permitted under these Terms, then you and Indigo agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within New York, New York.
P. SENDING YOUR FEEDBACK TO INDIGO
We welcome your comments, suggestions, and ideas about the Indigo Site, but we have no obligation to review, agree with, or implement them. In addition, please understand that we retain sole and complete discretion to use, disclose, disseminate, publish, and publicly display anything you send us (including your ideas, suggestions, inventions, secrets, or content) without paying or otherwise compensating you or anyone else. If you do not wish to grant us those rights, please do not send us anything without first contacting and discussing the matter with [email protected]
Q. INDIGO’S RIGHT TO TERMINATE YOUR ACCESS TO THE INDIGO SITE
Although we highly doubt that we will ever have any reason to do so, we reserve the right, in our sole and complete discretion, to terminate your access and ability to use the Site without notice or attendant liability. Upon termination, these Terms will still apply.
R. INDIGO’S RIGHT TO CHANGE OR UPDATE THESE TERMS
We may review these Terms periodically to ensure that they comply with applicable law and remain consistent with our Products and operations. We therefore reserve the right to update and revise these Terms at any time without specific or direct notice to you. We intend to change the “Current Policy effective as of ___” date at the top of these Terms each time we revise these Terms, but please contact [email protected] if you have questions about whether we have changed or updated any of the Terms or about which version of the Terms applies to you. You may wish review these Terms regularly to ensure that you are aware of any changes or updates.
S. INDIGO WAIVER
Our failure partially or fully to exercise any of our rights, or our waiver of any violation of these Terms, shall not prevent our later exercise of such right and shall not constitute or indicate our waiver of any subsequent breach. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
If any part or section of these Terms is determined to be invalid, void, or unenforceable for any reason, only that part or section will be severed. Such severing shall not affect the continuing validity and enforceability of the remaining parts or sections.
U. ENTIRE INDIGO AGREEMENT
These Terms constitute the entire agreement between you and Indigo with respect to the Site and supersede all prior or contemporaneous communications relating to the Site. Any rights not expressly granted herein are reserved.