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INDEX TERMS AND CONDITIONS

These terms and conditions (“Terms”) apply to your use of the INDEX mobile application (the “App”) and all related websites, software, and services (together, and collectively with the App, the “Service”). By using the Service, you agree to be bound by the Terms. If you do not agree to the Terms, please do not use the Service. These Terms are subject to change at any time; we therefore encourage you to periodically review the Terms to ensure that you are aware of any changes. By continuing to use the Service after the Terms are updated, you agree to be bound by the most current version of the Terms.

  1. Eligibility

    1. Registration as a Condition to Use. Only registered members of INDEX (each, a “User”) may use the Service. By using the Service, you warrant that you are a User. As a User, you shall not allow third parties to access the Service using your account. You are personally responsible for any use of the Service through your account, whether by you or a third party.

    2. Eligibility. You must be at least 18 years old to use the Service and assume the obligations set forth in these Terms.

  2. Use of Service

    1. Service.  The Service constitutes a technology platform that enables users of INDEX’s App or website provided as part of the Service to arrange and schedule the pickup of your materials (the “Materials”). You acknowledge and agree that INDEX is a technology services provider and does not provide pickup services (“PICKUP SERVICES”).  You also acknowledge and agree that INDEX is not a charitable organization, and that the Services and the Materials likely will be used by for-profit and not-for-profit entities.  The Pickup Services will be fulfilled and accomplished by parties over whom INDEX shall exercise no direction or control generally, including over any acts or omissions.  Subject to these Terms, INDEX hereby grants you the right to access and use the Services solely for non-commercial use. The INDEX content and software is the proprietary property of INDEX and/or its suppliers and partners and are protected by U.S. and international copyright and other intellectual property laws. The names of actual companies and products which may be listed within the Services may be the trademarks of their respective owners. INDEX reserves the right to suspend, cancel or limit the use of the Services with or without cause, and with or without notice. For example, we may suspend, cancel or limit your use if your use violates these Terms.

    2. License.  INDEX hereby grants you a worldwide, non-exclusive, revocable license to use the App for your personal use in accordance with these Terms; provided, however, that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the App.

    3. Personal Account. As a User, you will be required to create an account. Your INDEX account is for your exclusive personal use. You may not authorize others to use your account, nor may you assign or transfer your account to any other person or entity.

    4. User Content. The Service allows you to upload, submit, disclose, distribute or otherwise post multimedia content, including text, data, photographs, graphics, or other information related to the Materials (collectively referred to as “User Content”). You own all rights, title and interests in and to all User Content you provide. User Content is not confidential and is the property of the originating User. By posting User Content through the Service, you agree to the following:

      1. You represent and warrant that you are the sole owner of the Materials.  Once such Materials have been picked up as contemplated by these Terms, you forever disown and discharge any such ownership or control rights by you of the Materials. 

      2. You are solely responsible for and assume all liability for all User Content you contribute to the Service. You warrant that your User Content does not contain misleading, false, or inappropriate information.

      3. You acknowledge (a) that INDEX is not responsible for and disclaims all liability for User Content contributed by its Users, and (b) that INDEX cannot guarantee the identity of its Users or the accuracy of User Content.

      4. You represent and warrant that you own or otherwise control all rights necessary to post User Content and that INDEX’s disclosure and use of such User Content will not infringe or violate the rights of any third party.

      5. You grant INDEX a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, display, publish, and otherwise fully exploit (hereinafter “use”) your User Content in connection with the Service and any business of INDEX and its successors and assigns. You also grant each User a non-exclusive license to access your User Content through the Service and to use such User Content as permitted by the Service in accordance with these Terms.

    5. SMS/Text Alerts. As a condition of registering to use the Service, you must provide your mobile phone number to INDEX. By doing so, you agree to the following:

      1. You represent to INDEX that you are the owner or authorized user of the mobile phone associated with number that you have provided or that you have been granted permission by the authorized user of such mobile phone number to enroll such mobile phone in the Service. 

      2. You expressly authorize INDEX to send text messages to your mobile phone through your wireless phone carrier unless and until such permission is revoked in accordance with subsection (v) below; 

      3. You consent to receive text messages from INDEX despite the fact that your number may otherwise be on federal or state do-not-call lists and you agree, to the maximum extent permitted by law, that such text messages shall not be in violation of such do-not-call list(s). 

      4. You understand that you are solely responsible for any message and data rates that may apply.

      5. The consent granted pursuant to this Section 2 will remain effective until revoked by your providing to INDEX ten (10) days’ written notice of your desire to revoke consent. 

    6. External Resources. The Service may provide links or permit you and other Users to access resources on the Internet such as third-party websites (“Third Party Resources”). Third Party Resources are not under INDEX’s control, and INDEX is not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of Third Party Resources, or for any damage or loss caused or alleged to be caused by your use of or reliance on any information, goods or services available through Third Party Resources. When you access a Third Party Resource, you do so at your own risk. INDEX’s provision of access to a Third Party Resource does not imply INDEX’s endorsement of or affiliation with such Third Party Resource. INDEX reserves the right to disable or remove access to Third Party Resources for any reason or for no reason at all.

    7. Additional Terms.  The following additional terms and conditions apply with respect to use of the App on an Apple iOS-powered mobile device (“iOS App”):

      1. You acknowledge that these Terms are concluded between you and INDEX only, and not with Apple. INDEX, and not Apple, is solely responsible for the iOS App and the services and content available thereon.

      2. You agree that your use of the iOS App is subject to the Usage Rules set forth in Apple’s then-current App Store Terms of Service.

      3. The parties agree that Apple shall have no obligation to provide maintenance and support services with respect to the iOS App. 

      4. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App. 

      5. You agree that INDEX, and not Apple, is responsible for addressing any claims by you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. 

      6. You agree that INDEX, and not Apple, shall be responsible for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to the  iOS App or your possession and use of the iOS App. 

      7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. 

      8. The parties agree that Apple and Apple’s subsidiaries are third party beneficiaries to the terms of use applicable to the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

    8. Use of Materials.  

 

  1. Code of Conduct. You promise not to use the Service for any purpose that is prohibited by law, by these Terms, or by any other terms of use that INDEX has or will put in effect. You alone are responsible for all of your activity in connection with the Service.

    1. Posting Policy. You shall not upload, post, submit or otherwise distribute or facilitate distribution of any improper or unlawful Content or communications on or through the Service, including but not limited to Content that

      1. violates local, state, national, or international laws or regulations;

      2. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any third party;

      3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, offensive, or profane;

      4. constitutes unauthorized or unsolicited advertising, junk email or bulk email (i.e., “spamming”);

      5. involves sales or commercial activities not expressly authorized by INDEX;

      6. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of INDEX or any third party;

      7. violates the privacy of other Users or that of any third party; or

      8. impersonates any person or entity, including, but not limited to, INDEX or any employee or representative thereof.

    2. Use of Infrastructure. You shall not: (i) take any action that imposes or may impose an unreasonable or disproportionately large load on the infrastructure of INDEX or its third party providers (as determined by INDEX in its sole discretion); (ii) interfere or attempt to interfere with the proper working of the Service or any related activities ; (iii) bypass any measures INDEX may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); or (iv) use manual or automated software, devices, or other processes to “crawl” or scrape date from the Service.

  2. WARRANTIES, DISCLAIMERS, AND LIABILITY

    1. General Disclaimers. INDEX has no fiduciary duty to you. You acknowledge that INDEX cannot control who gains access to the Service or what User Content gets posted to the Service. INDEX does not vouch for or guarantee the accuracy of any User Content or the identity of any Users  whose Content you access via the Service; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You alone are responsible for your use of the Service and the consequences thereof. 

INDEX PROVIDES THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE APP) “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, INDEX HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WHETHER ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, INDEX AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS CAN OR WILL BE CORRECTED; (C) ANY INFORMATION OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOU USE THE SERVICE SOLELY AT YOUR OWN RISK.

  1. Notice of Risk. You acknowledge that there are risks, including but not limited to the risk of physical harm, that arise out of dealing with strangers, underage persons, or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom you come in contact through the Service. You acknowledge that we are not liable for any harm resulting from (i) User Content, (ii) User Conduct (including illegal activity), (iii) delivery or collection of donations made available through the Service, or (iv) any other action related to your use of the Service. 

  2. Indemnification. You agree to indemnify, defend and hold harmless INDEX, its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim related to (a) your use of or inability to use the Service; (b) your User Content; (c) your violation of these Terms or your violation of any rights of a third party; (d) your violation of any applicable laws, rules or regulations; or (e) the unauthorized or unlawful use of the Service by any person using your account. INDEX reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with INDEX in asserting any available defenses.

  3. Limitation of Liability. If, notwithstanding the other provisions of these Terms, INDEX should have any liability to you or any third party for any loss, harm or damage, you and INDEX agree that such liability shall under no circumstances exceed $50.00. You and INDEX agree that the foregoing limitation of liability is an agreed allocation of risk between you and INDEX. You acknowledge that absent your agreement to this limitation of liability, INDEX would not provide the Service to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL INDEX BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

  1. MISCELLANEOUS PROVISIONS

    1. Term and Termination. These Terms will become effective upon your acceptance thereof, as indicated by your use of the Service and will remain in effect in perpetuity unless terminated hereunder. You or INDEX may terminate your account at any time, for any reason or no reason, without explanation, by sending written notice to the other party. You agree that if INDEX terminates your access to the Service, you will immediately (1) stop using the Service, and (2) remove the App from any device in your possession.

    2. Notice. INDEX may give any notice required or permitted to be given in writing hereunder via email. Such notice will be effective immediately.

    3. Entire Agreement; Amendment. These Terms and any documents incorporated herein constitute the entire agreement between you and INDEX with respect to the subject matter hereof. INDEX reserves the right to amend the provisions of these Terms at any time, provided that INDEX will notify you of any such amendment by email or by notice posted on the Site. 

    4. Governing Law; Venue. These Terms will be governed and construed under the laws of the State of Utah, without regard to its conflict of laws provisions or the United Nations Convention on the International Sale of Goods. The parties irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah. All disputes and/or legal proceedings related to these Terms will be maintained in courts located in Salt Lake County, Utah. 

    5. Waiver/Severability. The waiver or failure of INDEX to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder. If any provision of these Terms is determined to be invalid or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of these Terms shall remain enforceable.

    6. Assignment. INDEX may assign these Terms, in whole or in part, in its sole discretion. You may not assign your rights under these Terms without INDEX’s prior written permission. Any attempt to assign your rights under these Terms without INDEX’s permission shall be void.

    7. Force Majeure. INDEX shall not be liable for any failure or unavailability of the Service or failure by INDEX to provide the Service as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond INDEX’s control.

    8. Headings. The headings of articles and sections contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.

    9. Questions and Complaints. Please direct all questions, complaints, or claims with respect to the Service to the following:

INDEX
1701 Student Life Way, 84112 Salt Lake City Utah

801-462-1768
trohovit@indextheapp.com