Terms of Use

Terms of Service and User Agreement (12/10/18)

1. Acceptance of Terms of Service
By accessing or using our web site at www.midnightandindigo.com you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”).

2. Modifications to these Terms of Service
We may modify these Terms of Service from time to time in its sole discretion. Your continued use of www.midnightandindigo.com will signify your acceptance of any changes.

3. Modifications
www.midnightandindigo.com may, at our discretion, add or delete features and services.

4. Content by Members
You alone are responsible for any content you submit to be published on www.midnightandindigo.com, including but not limited to feedback and comments (if active). You agree not to use www.midnightandindigo.com to post or distribute material (including but not limited to text, graphics, video, programs or audio) that is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable, or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. You also agree not to post material that contains advertising or any form of commercial solicitation, and not to impersonate any other person or entity, including impersonating an employee or consultant of www.midnightandindigo.com or any of its partner sites.

5. Copyrighted Material
All material on www.midnightandindigo.com, including, without limitation, text, software, photos, video, graphics, music and sound, is protected by U.S.and international copyright laws, both as individual works and as a collection. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such copyrighted material in any format, electronic or otherwise.

If you believe that your copyrighted work has been infringed and you want us to take down or disable the infringement, please let us know by emailing info@midnightandindigo.com

6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF MIDNIGHTANDINDIGO.COM IS AT YOUR SOLE RISK. MIDNIGHTANDINDIGO.COM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

MIDNIGHTANDINDIGO.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

MIDNIGHTANDINDIGO.COM MAKES NO WARRANTY THAT MIDNIGHTANDINDIGO.COM WILL MEET YOUR REQUIREMENTS, OR THAT MIDNIGHTANDINDIGO.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES MIDNIGHTANDINDIGO.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MIDNIGHTANDINDIGO.COM, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH MIDNIGHTANDINDIGO.COM. MIDNIGHTANDINDIGO.COM IS NOT LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MIDNIGHTANDINDIGO.COM IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

MIDNIGHTANDINDIGO.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH MIDNIGHTANDINDIGO.COM OR ANY TRANSACTIONS ENTERED INTO THROUGH MIDNIGHTANDINDIGO.COM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH MIDNIGHTANDINDIGO.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

MIDNIGHTANDINDIGO.COM IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE MIDNIGHTANDINDIGO.COM, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH MIDNIGHTANDINDIGO.COM, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF MIDNIGHTANDINDIGO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The information posted by www.midnightandindigo.com is intended solely for the general entertainment for the reader. It is not to be considered medical advice and is not intended to replace consultation with a qualified medical or mental health professional. The use of the site does not establish a doctor/health care provider-patient relationship. We may answer and post questions and advice solely on our own discretion. We do not have the resources to answer all visitor questions. The answers to these questions should in no way be considered specific medical advice or a plan for issue management. If you have a persistent issue or are concerned about your mental wellbeing or health, please consult your health care provider or refer to our resources page which lists the contact details of various support services.

7. Indemnification
You agree to indemnify www.midnightandindigo.com and employees against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of www.midnightandindigo.com,the violation of these Terms of Service by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.

8. Entire Agreement
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.