Welcome to Indela. The goal of Indela is to provide streamlined transactions for the modern realtor. The following terms of use and service (“Terms of Use”) spell out what you can expect from us and what we expect from you. These Terms of Use apply to the Indela web site located at indelaapp.com, and all associated sites linked to indelaapp.com by Indela, LLC, its subsidiaries and affiliates (collectively, the “Site”).
By accessing any areas of the Site, you agree to be legally bound and to abide by the terms set forth below. Indela owned and operated by Indela, LLC. Any references herein to Indela shall be deemed to refer to the Site and/or Indela, LLC, as applicable under the circumstances.
Indela reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
1. Trademarks
The Site is a service mark of Indela, LLC or its affiliates. All rights reserved. These and other Site graphics, logos and service marks and trademarks of Indela, LLC and its affiliates may not be used without prior written consent of Indela, LLC or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on Indela, LLC are the property of their respective owners.
2. Disclaimers and limitation of liability
You expressly agree that use of the Site is at your sole risk. Neither Indela nor its affiliates nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, Providers), or the like, warrant that the Site will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy, reliability, or currency of any information, content, or services provided through the Site.
THE SITE IS PROVIDED BY INDELA ON AN “AS IS” AND “AS AVAILABLE” BASIS. INDELA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE, INCLUDING THE ACCURACY OF ANY INFORMATION PROVIDED THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, INDELA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INDELA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, NOR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY INDELA NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
IF YOU USE THE SITE FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, INDELA, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. INDELA AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
UNDER NO CIRCUMSTANCE SHALL INDELA OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (1) THE USE OF OR INABILITY TO USE THE SITE, (2) RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE, (3) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE OF THE SITE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITE’S RECORDS, PROGRAMS OR SERVICES, INCLUDING LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, THEFT OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED IN YOUR ACCOUNT, INCLUDING USER-PROVIDED CONTENT. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF INDELA’S SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT ACCRUES.
3. Indemnification
You agree to defend, indemnify, and hold harmless Indela, its affiliates and each of its respective employees, agents, contractors, officers, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (1) your use or misuse of, or access to, the Site, the Content (as defined below), or otherwise from your User-Provided Content (as defined below), (2) violation of these Terms of Use, or (3) infringement by you, or any third-party using your account or identity with respect to the Site, of any intellectual property or other right of any person or entity. Indela reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Indela in asserting any available defenses.
4. Proprietary rights
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material that are protected by copyrights, trademarks, trade secrets, or other proprietary rights (“Content”), and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
5. User-Provided Content
You understand and agree that all information, data, messages or other materials uploaded or transmitted by you to the Site (“User-Provided Content”) are the sole responsibility of the user from whom such material originated. You are entirely responsible for all User-Provided Content. Under no circumstances will Indela be liable in any way for use of any User-Provided Content by you, including but not limited to, any errors or omissions in any User-Provided Content or for any loss or damage of any kind incurred as a result of the use of any User-Provided Content, emailed or otherwise transmitted to the Site.
6. Online conduct
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If Indela is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by you, Indela may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Site. Indela may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of Indela, its users or Providers.
Indela reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, Indela, the communities that make up the Site, or any rights of Indela or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Indela nor its Providers can ensure prompt removal of questionable content after posting to the Site. Accordingly, neither Indela, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Site.
7. Privacy Policy
In accordance with the terms of Indela’s Privacy Policy, Indela respects the privacy of its users.
8. Termination of usage
Indela may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that Indela, in its sole discretion, believes is in violation the Terms of Use or any applicable law, or which is harmful to the interests of another user, a third-party Provider, a service provider, or Indela.
9. Export
The United States export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations—including but not limited to the Export Administration Act and the Arms Export Control Act—and not to transfer, by electronic transmission or otherwise, any content derived from the Site to either a foreign national or a foreign destination in violation of such laws.
10. Usage by children under 13
To use the Site, you must be at least 13, or in some cases, even older. Please check your local law for the age of digital consent. If you don’t meet these age requirements, you may not use the Site.
11. Applicable law and venue
This site is created and controlled by Indela in the State of California. As such, the laws of the State of California will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of California, and of the United States of America located in the State of California for any litigation arising out of or relating to use of or purchase made through the Site (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the courts of the State of California, and agree not to plead or claim in any court of the State of California that such litigation brought therein has been brought in an inconvenient forum. You and Indela agree that any judicial proceeding to resolve claims relating to these Terms of Use or the use of the Site will be brought in the federal or state courts of Los Angeles County, California. Both you and Indela consent to venue and personal jurisdiction in such courts.
12. Severability
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
13. Entire Agreement
The Terms of Use, including all documents referenced herein, represent the entire understanding between you and Indela regarding your relationship with Indela and supersede any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the Site.