Official Legal Statement: Indie Deck Hub 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 this site. Indie Deck Hub LLC will not be liable for any damages arising from use of this site. All the services provided by independent sellers and/or all divinatory readings and advice arising from use of this site or cards or items sold by the independent sellers are understood to be for entertainment purposes only.
- Introduction/Accepting These Terms
This User Agreement and all policies and additional terms posted on and in our sites, applications, tools and services (collectively "Services") set out the terms on which Indie Deck Hub LLC (“Indie Deck Hub”) offers you access to and use of our Services. All policies and additional terms posted on and in our Services are incorporated into this User Agreement. You agree to comply with all terms of this User Agreement when accessing or using our Services.
The Terms are a legally binding contract between you and Indie Deck Hub LLC (“Indie Deck Hub”). The entity you are contracting with is Indie Deck Hub, 1733 East Louis Way, Tempe, Arizona 85284. Indie Deck Hub’s Statutory Agent is located 4022 East Broadway Road, Suite 113, Phoenix, Arizona 85040.
Please note that the Legal Disputes Section below contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
This contract sets out your rights and responsibilities when you use IndieDeckHub.com, our mobile apps, and the other services provided by Indie Deck Hub, so please read it carefully. By using any of our Services (even just browsing one of our websites), you are agreeing to the Terms. If you do not agree with the Terms, you may not use our Services. If you do agree, great, then please read on.
- About Indie Deck Hub
Indie Deck Hub is a marketplace that allows users to offer, sell and buy cards, tarot cards, oracle cards, goods, etc. in a variety of pricing formats and locations. Indie Deck Hub is for independent creators, artists, and entrepreneurs. Indie Deck Hub is not meant to be used to merely re-sell others’ or third-parties’ cards, tarot cards, oracle cards, goods, etc.
The actual contract for sale is directly between the seller and buyer. Indie Deck Hub is not a traditional auctioneer.
Any guidance we provide as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, Indie Deck Hub has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Indie Deck Hub takes personal information seriously and so must you as a Seller on Indie Deck Hub.
Both Indie Deck Hub and sellers process personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Indie Deck Hub, will be responsible for that unauthorized disclosure.
If, however, Indie Deck Hub and sellers are found to be joint data controllers of buyers’ personal information, and if Indie Deck Hub is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Indie Deck Hub for the expenses it occurs in connection with your processing of buyer personal information. See the Section Below on Indemnification (or What Happens If You Get Us Sued) below for more information about your indemnification obligations to Indie Deck Hub.
If Indie Deck Hub provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to our Services. Additionally, you may not use user information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
- Your Account with Indie Deck Hub
- You must be 18 years or older to use our Services. You are responsible for any and all account activity conducted by a minor on your account.
- Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
- Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
- You are responsible for your account. You are solely responsible for any activity on your account. If you are sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
- Protect your password. As we mentioned above, you are solely responsible for any activity on your account, so it is important to keep your account password secure.
- Let's be clear about our relationship. These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Indie Deck Hub. These Terms also do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and any of Indie Deck Hub’s third-party vendors, independent contractors, etc., including Shuffled Ink.
- Your Content
- Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you are not infringing or violating any third party’s rights by posting it.
- Permission to Use Your Content. By posting Your Content through our Services, you grant Indie Deck Hub license to use it. We do not claim any ownership to Your Content, but we have your permission to use it to help Indie Deck Hub function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree Indie Deck Hub may offer you or Indie Deck Hub buyers promotions on the Site, from time to time, that may relate to your listings.
- Rights You Grant Indie Deck Hub. By posting Your Content, you grant Indie Deck Hub a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Indie Deck Hub, your Indie Deck Hub shop, or the Services in general, in any formats and through any channels, including across any Indie Deck Hub Services, our partners, or third-party website or advertising medium. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information. You agree not to assert any moral rights or rights of publicity against us for using Your Content. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Indie Deck Hub, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of our Services.
- Consider these possible examples: if you upload a photo or video of a listing on your Indie Deck Hub shop, we have permission to display it to buyers, and we can resize or enhance it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into Spanish so a buyer in Mexico can learn the story behind your item; and if you post a beautiful photo or video of your latest tarot deck, we can feature it– often along with your shop name and shop picture– on our homepage, in one of our blogs or even on a billboard to help promote your business and Indie Deck Hub.
- Reporting Unauthorized Content. Indie Deck Hub has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission, please timely inform and notify Indie Deck Hub. If Your Content is alleged to infringe another person’s or company’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account. We will notify you if any of that happens. You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Indie Deck Hub takes no responsibility and assumes no liability for any content provided by you or any third party.
- Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we do not want posted on Indie Deck Hub’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, racist, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Policies or Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
- Your listing may not be immediately searchable by keyword or category. Indie Deck Hub cannot guarantee exact listing duration.
- Content that violates any of Indie Deck Hub's policies may be modified, obfuscated or deleted at Indie Deck Hub's sole discretion.
- Indie Deck Hub may revise product data associated with listings to supplement, remove, or correct information,
- Indie Deck Hub strives to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
seller's history, including listing practices, Detailed Seller Ratings, Indie Deck Hub policy compliance, Feedback, and defect rate; and
number of listings matching the buyer's query.
- To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
- Some advanced listing upgrades will only be visible on some of our Services.
- Indie Deck Hub's Duplicate listings Policy may also affect whether your listing appears in search results.
- Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.
- Indie Deck Hub may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results may vary for individual listings.
We expect our sellers to provide a high level of customer service. By selling on Indie Deck Hub, you agree to:
- Honor your shipping and processing times. Sellers are obligated to ship an item or otherwise complete a transaction with a buyer in a prompt manner, unless there is an exceptional circumstance. Please be aware that legal requirements for shipping times vary by country.
- Ship, deliver, mail, etc. your products to customers, buyers, etc. with a Tracking Number. That way all parties are able to track the shipment, mailing, etc., to follow up with the postal agency, courier service, etc. regarding the shipment, mailing, etc., and to confirm actual receipt/delivery of the product to the customer, buyer, etc.
- Respond to Messages in a timely manner.
- Honor the commitments you make in your policies and Indie Deck Hub’s policies.
- Accurately reflect, communicate, and post regarding your stock and inventory available of your products. If your stock and inventory for any of your products is not currently available, then you must timely and accurately post that said product is currently unavailable or on back stock.
- Peacefully resolve disagreements or disputes directly with the buyer.
- If you are unable to complete an order, you must notify the buyer and cancel the order.
As a seller, you must provide great customer service and maintain trust with your buyers.
- Your Use of Our Services
- License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
- Do Not Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it is your responsibility to obtain any permits or licenses that your jurisdiction requires; you must not sell anything that violates any laws; you must comply with our Policies and Terms; and you must not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Indie Deck Hub, another Indie Deck Hub user, or a third party.
- Pay Your Bills. You are responsible for paying all fees that you owe to Indie Deck Hub. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
- Do Not Steal Our Stuff. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
- Do Not Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
- Follow Our Trademark Policy. The name "Indie Deck Hub" and the other Indie Deck Hub marks, phrases, logos, and designs that we use in connection with our Services (the Indie Deck Hub Trademarks), are trademarks, service marks, or trade dress of Indie Deck Hub in the US and other countries. They may not be used without the express written prior permission of Indie Deck Hub.
- Share Your Ideas. We appreciate any of your suggestions and ideas. They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Indie Deck Hub (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- Talk to Us Online. From time to time, Indie Deck Hub will provide you with certain legal information in writing. By using our Services, you are agreeing to electronic communications: Indie Deck Hub can and has the right to send you information electronically (such as by email) instead of mailing you paper copies (it is better for the environment and is faster). You understand, acknowledge, and agree that your electronic agreement is the same as your signature on paper.
- Termination, Suspension, Adverse Action
- Termination By You. We would hate to see you go, but you may terminate your account with Indie Deck Hub at any time. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. You will still have to pay any outstanding bills.
- Termination, Suspension, Adverse Action By Indie Deck Hub. We may terminate or suspend your account (and any accounts Indie Deck Hub determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it is important to understand that you do not have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, Indie Deck Hub will notify you that your account has been terminated or suspended, unless you have repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
Indie Deck Hub may terminate or suspend your account if it receives information and/or discovers that you are merely a re-seller of others’/third parties’ cards, tarot cards, oracle cards, goods, etc.
If Indie Deck Hub believes you are abusing Indie Deck Hub and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.
- If you or Indie Deck Hub terminate your account, you may lose any information associated with your account, including Your Content.
- The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
- Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement. Indie Deck Hub will make best efforts to ensure that items and content using our Services do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify Indie Deck Hub and we will investigate.
- Policy Enforcement
When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.
- Authorization to Contact You; Recording Calls; Analyzing Message Content
Indie Deck Hub may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Indie Deck Hub may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by our Policies. Indie Deck Hub may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits
Indie Deck Hub may share your telephone number with its authorized service providers. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by Indie Deck Hub to carry out the purposes identified above.
Indie Deck Hub may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Indie Deck Hub or its agents for quality control and training purposes, or for its own protection.
Indie Deck Hub's automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of Indie Deck Hub's User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Indie Deck Hub may store message contents, including to conduct this scanning and analysis.
- Non-Disparagement Clause/Non-Competition Agreement
While you are a Seller on Indie Deck Hub and for a period of one (1) full year after the Termination of this Agreement, you, your business(es), your affiliates, etc. are not allowed and authorized to directly compete with Indie Deck Hub by creating a similar website or marketplace as Indie Deck Hub. You are hereby legally restricted from such competition for the time period stated herein. This Non-Competition Agreement shall be construed broadly to protect Indie Deck Hub, its brand, its reputation, etc. from unfair competition. This Non-Competition Agreement survives Termination of this Agreement. Indie Deck Hub has the full right to seek, recover, and obtain equitable relief and damages and attorneys’ fees and costs against you for any violation of this Non-Competition Agreement.
You must have a payment method on file when selling through our Services and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel, suspend or limit Services, and for accounts over 60 days past due, request that PayPal deduct the amount owed from your PayPal account balance. In addition, you will be subject to late fees. Indie Deck Hub, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information Indie Deck Hub reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at Indie Deck Hub LLC, C/O Global Collections, 7700 West Parmer Lane, Building D, Austin, TX 78729. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Indie Deck Hub account, you must contact the collection agency directly.
In any jurisdiction where Indie Deck Hub has an obligation to collect sales taxes on sales you make using our Services, we may collect such sales taxes from you via the payment method on file under the terms of the Billing Agreement or via any other means available to us.
Seller fees do not purchase exclusive rights to item exposure on our Services. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.
- Tax Matters
As between the parties, you will be responsible for the collection, reporting, and payment of any and all of Your Taxes, except to the extent that (i) Indie Deck Hub automatically calculates, collects, or remits taxes on your behalf according to applicable law; or (ii) Indie Deck Hub expressly, and, in writing, agrees to receive taxes or other transaction-based charges on your behalf in connection with tax calculation services made available by Indie Deck Hub and used by you. All fees and payments payable by you to Indie Deck Hub under this Agreement or the applicable Service Terms are exclusive of any applicable taxes, deductions or withholding (including but not limited to cross-border withholding taxes), and you will be responsible for paying Indie Deck Hub any of Your Taxes imposed on such fees and any deduction or withholding required on any payment.
- Shipping/Delivery/Mailing Costs
- International Buying and Selling; Translation
For sellers, you agree that we may display your listing for sale on an Indie Deck Hub site other than the site where you listed your item for sale, based on your shipping settings. If you list your items with an international shipping option, the appearance of your listings on sites other than the listing site is not guaranteed. If you sell an item on an Indie Deck Hub site that is different from your registration site, you are subject to the User Agreement and applicable policies, including any buyer protection programs, of that other Indie Deck Hub site with respect to that particular sale.
You authorize us to use automated tools to translate your Indie Deck Hub content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.
- Holds and Restricted Funds
To protect Indie Deck Hub from risk of liability for your actions as a seller, Indie Deck Hub has at times recommended, and may continue to recommend, that PayPal restrict access to funds in a seller's PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value. This may result in PayPal restricting funds in your PayPal account.
- Returns, Refunds, and Cancellations.
If you are unable to complete a transaction, you must timely notify the and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises.
European Union Right of Withdrawal
Buyers in the European Union (EU) may be entitled to a 14-day “right of withdrawal” after receiving an item, during which they may return an item for any reason. The details of this right vary by EU member state. The right of withdrawal does not apply to custom items or certain perishable goods. Rights with respect to digital items vary by EU member state.
We ask that buyers and sellers directly attempt to resolve any outstanding issues with one another. For this reason, it is important that you maintain clear and consistent policies, following Indie Deck Hub’s Policies, and regularly respond to Messages from your buyers.
If buyers notify Indie Deck Hub of a non-delivery or a not-as-described item, you must respond to any open cases within three days or the time frame noted by Indie Deck Hub in the case. Indie Deck Hub may request your assistance in resolving a case opened against you. Indie Deck Hub reserves the right to escalate a case early for circumstances such as seller inactivity, harassment, refusal of service, case manipulation, and undermining integrity.
If Indie Deck Hub is notified by a buyer of a case, then you understand that Indie Deck Hub may use your personal information for the purpose of resolving disputes with other members.
Cases with Indie Deck Hub can be submitted in the following circumstances:
A non-delivery occurs when a buyer places an order but does not receive the item. The following are examples of non-delivery cases:
- There is no proof that the item was shipped to the buyer.
- An item was not sent to the address provided on Indie Deck Hub.
Not as Described
An item is not as described if the buyer can demonstrate that it is significantly different from your listing description or your photos. The following are examples of not as described cases:
- The item received is a different color, model, version, or size.
- The item has a different design or material.
- The seller failed to disclose that an item is damaged or is missing parts.
- The buyer received the incorrect quantity of items (e.g., the buyer purchased three items but only received two).
- The item was advertised as authentic but is not authentic.
- The condition of the item is misrepresented (e.g., the item is described as new but is used).
Not as Described cases can also be filed for late delivery. In order to qualify as late delivery, the buyer must provide proof that all of these conditions have been met:
- The item(s) were ordered for a specific date or event.
- The item(s) are rendered useless after that date.
- The seller did not ship the item(s) according to their processing time or the date agreed upon in Messages.
If Indie Deck Hub determines that an item is a non-delivery and/or not as described, you will be required to refund the order, including original shipping and return shipping.
Some disputes don’t qualify for a case with Indie Deck Hub. These include:
- Items that are damaged by the shipping carrier (if properly packaged by the seller).
- Items that have been altered, used, worn, washed, or discarded after receipt.
- Items that are received after the agreed-upon delivery date due to shipping delays.
- Items that are returned without a return agreement.
- Items that are accurately described but do not meet a buyer's expectations.
- Cost of shipping disputes.
- Items that are purchased in person.
- Items prohibited from sale on Indie Deck Hub, including services and intangible goods.
- Transactions where payment is not made via Indie Deck Hub’s checkout system.
When a dispute is ineligible for a case with Indie Deck Hub, we encourage both parties to work together to come to an amicable solution.
For your protection and Indie Deck Hub’s protection, you must maintain at your own expense commercial general, umbrella or excess liability insurance with the Insurance Limits per occurrence and in aggregate covering liabilities caused by or occurring in conjunction with the operation of your business, including products, products/completed operations and bodily injury, with policy(ies) naming Indie Deck Hub and its assignees as additional insureds. At our request, you will provide to us certificates of insurance for the coverage to the following address: Indie Deck Hub LLC, Attention: Statutory Agent, 4022 East Broadway Road, Suite 113, Phoenix, Arizona 85040.
- Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Some functionality is subject to delays beyond Indie Deck Hub's control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
You understand that Indie Deck Hub does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Indie Deck Hub cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item for purchase must be brought directly against the seller of the item. You release Indie Deck Hub from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Indie Deck Hub is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- the content you provide (directly or indirectly) using our Services;
- your use of or your inability to use our Services;
- pricing, shipping, format, or other guidance provided by Indie Deck Hub;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing or linking to our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any Indie Deck Hub Service;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of the Abusing Indie Deck Hub Section above;
- the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
- your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to: (a) any amounts due up to the price the item sold for on Indie Deck Hub (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, 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.
We hope this never happens, but if Indie Deck Hub gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Indie Deck Hub (including any of our principals, agents, employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.
- Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND INDIE DECK HUB HAVE AGAINST EACH OTHER ARE RESOLVED.
In this Legal Disputes Section, the term “related third parties” includes your and Indie Deck Hub’s respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, Indie Deck Hub’s, and these entities’ respective employees and agents.
You and Indie Deck Hub agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Indie Deck Hub (or any related third parties) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of Indie Deck Hub or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
- Applicable Law and Venue
- Agreement to Arbitrate
You and Indie Deck Hub each agree that any and all disputes or claims that have arisen, or may arise, between you and Indie Deck Hub (or any related third parties) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of Indie Deck Hub or its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in Arizona, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
- Prohibition of Class and Representative Actions and Non-Individualized Relief
- Arbitration Procedures
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules and the AAA’s Commercial Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org.
A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute ("Notice"). The Notice to Indie Deck Hub must be sent to Indie Deck Hub LLC, Attn: Statutory Agent, Re: Notice of Dispute, 4022 East Broadway Road, Suite 113, Phoenix, Arizona 85040. Indie Deck Hub will send any Notice to you to the e-mail address or the mailing address we have on file associated with your Indie Deck Hub account; it is your responsibility to keep your e-mail address and mailing address up to date. To be valid, you must personally sign the Notice and complete all information on the Notice form, including a description of the nature and basis of the claims you are asserting, the specific relief sought, and the email address and phone number associated with your account.
If you and Indie Deck Hub are unable to resolve the claims described in a valid Notice within 45 days after Indie Deck Hub receives that Notice, you or Indie Deck Hub may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail AND e-mail a copy of the completed form to the opposing party. The copy to Indie Deck Hub must be sent to Indie Deck Hub LLC, Attn: Statutory Agent, Re: Notice of Dispute, 4022 East Broadway Road, Suite 113, Phoenix, Arizona 85040. In the event Indie Deck Hub initiates an arbitration against you, it will send a copy of the completed form to the mailing address and e-mail address we have on file associated with your Indie Deck Hub account. Any settlement offer made by you or Indie Deck Hub shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in Maricopa County, State of Arizona, or at another mutually agreed location. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Indie Deck Hub may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Indie Deck Hub user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Costs of Arbitration
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
- Opt-Out Procedure
You must mail that to us in order to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice by providing the information, including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the Indie Deck Hub Service account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this User Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
- Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Indie Deck Hub prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Indie Deck Hub. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.IndieDeckHub.com at least 30 days before the effective date of the amendments and by providing notice through email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.
- Judicial Forum for Legal Disputes
Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on www.IndieDeckHub.com.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.Indie DeckHub.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days' notice by posting the amended terms. Additionally, we will notify you by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through or electronic document sign. This User Agreement may not otherwise be amended except through mutual agreement by you and an Indie Deck Hub representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Indie Deck Hub Service.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and Indie Deck Hub, and supersede all prior understandings and agreements of the parties.
All applicable Sections survive any termination of this User Agreement.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Pursuant to 815 ILCS 414/1.5(c), for transactions involving tickets to events in Illinois, buyers and sellers may elect to submit complaints against one another to the American Arbitration Association ("AAA") under its rules and procedures. The AAA's rules are available at www.adr.org. Such complaints shall be decided by an independent arbitrator in accordance with this User Agreement. Buyers and sellers further agree to submit to the jurisdiction of the State of Illinois for complaints involving a ticketed event held in Illinois.