Last Updated: February 2023
Introduction
Welcome to the website insignia.to and our related mobile applications and services (collectively, the “Website” or “Services”). This Website is owned and operated by Insignia LLC (“Insignia,” “we,” “us,” or “our”).
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR OUR SERVICES. BY ACCESSING OR USING THIS WEBSITE OR OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS DESCRIBED BELOW. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS OR USE THIS WEBSITE OR OUR SERVICES.
You must be at least 18 years of age to use our Website or Services. If you are not at least 18 years old, do not access or use our Website or Services without involvement and approval of a parent or legal guardian.
Services We Provide
Our Website and Services enable you to learn about and purchase our quality electronics, appliances, mobile accessories and more directly online or through our mobile apps.
Key services we provide through our Website and apps include:
- Browsing product catalogs and offerings
- Placing orders for products and managing your purchases
- Accessing product support resources and your account information
- Receiving special offers, exclusive deals, and personalized recommendations
- Engaging with the Insignia community through forums and social features
We are constantly innovating and adding new features and services to our Website and apps. Use of our Website or Services constitutes acceptance of the services, features and functionalities we offer as of the time of access, which may evolve over time.
Using Our Website and Services
You must follow any policies and procedures applicable to our Website or Services, including all policies referenced in these Terms or provided on the Website.
We grant you a limited, revocable, non-exclusive, non-transferable license to access our Website and Services for your own personal, non-commercial use. You agree not to use the Website or Services for any other purpose.
When accessing or using our Website or Services, you represent that you are at least 18 years old and have the legal authority to accept these Terms. You are responsible for all activities that occur under your account.
You agree to only provide us with accurate account information, and to promptly update any changes. Registering false information or failing to update changes is a violation of these Terms.
You are responsible for maintaining the confidentiality of your login credentials and agree not to share your account or password with anyone else. We are not responsible for any losses arising from unauthorized use of your account. You should immediately notify us of any unauthorized account activity.
Prohibited Conduct
You agree not to engage in any illegal or unauthorized conduct that interferes with the proper working of our Website or Services, including but not limited to:
- Attempting to circumvent security, tamper with, hack, reverse engineer, interfere with, damage or disrupt any aspects of our Website, Services, content or the servers or networks providing them
- Impersonating another person or entity, or providing false or misleading information when registering an account or making purchases
- Using automated means (including scripts, bots, crawlers or spiders) to access or collect data or content from our Website or Services
- Introducing malicious software, viruses, worms, Trojan horses or other harmful code into our Website or Services
- Obtaining unauthorized access to user accounts, our products, systems or networks
- Scraping, data mining, harvesting, spidering or extracting data from our Website or Services
- Using our Website, Services or content for any fraudulent or unlawful purpose
We reserve the right to terminate your access to the Website or Services if you violate these Terms or otherwise engage in illegal or unauthorized use of our Website or Services.
Your Use Restrictions
You may not modify, copy, reformat, frame, reproduce, license, create derivative works from, transfer, or publicly display any content or intellectual property from the Website or Services without our express written permission.
You may not access, use, or copy any portion of the Website or Services through the use of bots, spiders, scrapers, web crawlers, indexing agents, cameras, microphones, screenshots, continuous scrolling, or any other automated means.
You agree not to remove or alter any copyright, trademark, or other proprietary notices contained on the Website or Services. Our trademarks and logos may not be copied or reproduced without our prior written consent.
Intellectual Property Rights
Our Website, Services and all of the related content, visual interfaces, software, data, compilation, features, code, documentation and all other aspects (collectively, the “Insignia Content”) is owned by Insignia and subject to protection under applicable intellectual property and proprietary rights laws, including copyrights, patents, trademarks and trade secrets.
Any access or use of the Insignia Content not expressly permitted by these Terms is a breach of this agreement and may violate copyright, trademark and other laws. You have no rights in or to the Insignia Content, except the limited access rights expressly set forth in these Terms.
The Insignia name, logo, trade dress and all related names, logos, product and service names, designs and slogans are trademarks of Insignia. You must not use such marks without the prior written permission of Insignia. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Your Content & Communications with Us
Any communications or material of any kind transmitted by you to us through or in connection with our Website or Services, such as information you submit in order forms or chats, is referred to as “Your Content.”
You are solely responsible and liable for Your Content and warrant that you have all necessary rights to submit it. You grant us an unlimited, perpetual, royalty-free, irrevocable, worldwide license to use, reproduce, modify, transmit, display, distribute, and create derivative works from Your Content, solely for the purpose of providing our Website and Services to you.
By communicating Your Content to us, you represent that You Content is truthful, not misleading, not harmful, not offensive, and not illegal. You are prohibited from submitting or transmitting to us any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material or any material that could constitute or encourage unlawful or fraudulent conduct.
User Feedback
If you choose to provide suggestions, materials, information or other feedback to us (collectively, “Feedback”), you grant us perpetual, royalty-free, irrevocable and worldwide rights to use the Feedback for any purpose, without compensation. We are not obligated to use or implement any Feedback.
Purchases and Payment
You can purchase physical products, gift cards, subscriptions and other goods or services from our Website and mobile apps (collectively, “Products”). Product pricing and availability are subject to change. Typographical errors may result in incorrectly listed prices and product information. We reserve the right to decline orders and cancel orders with pricing errors.
All Products displayed or offered for sale are offered conditionally upon their availability. Despite our best efforts, Products offered through our Website or apps may not be available when ordered or for an extended period of time. We may discontinue Products or change Product specifications, designs, features, and availability at any time.
You must be at least 18 years of age to make purchases on our Website. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
You are responsible for the accuracy of your order details. If you provide incorrect or incomplete payment, shipping or other purchase information, your order may not be fulfilled and resulting charges will be your responsibility.
You will pay all prices and charges specified at the time of purchase, including shipping, handling, taxes, and other fees. All payments are processed by secure third party payment networks. You must pay using a valid credit or debit card.
All advertised prices and promotions are subject to these Terms. Certain prices, products, promotions and offers may not apply or may be adjusted based on your location, date, time or other factors. Prices do not include sales tax. Sales tax will be added at time of checkout where required by law.
No refunds or exchanges are permitted for gift cards, computer software, or any product marked “non-returnable.” Refund and exchange eligibility for all other products is determined based on the condition of the item and other factors, subject to applicable law.
Full details about refund, exchange and return policies and processes can be found on the Website. Additional limitations and requirements may apply.
We make every effort to provide accurate Product images, descriptions, prices and other information on the Website. However, we do not warrant the accuracy or completeness of any pricing or Product details. We provide Product descriptions to the best or our knowledge and ability at the time of listing. Minor variations in product size, finish, features or appearance are normal and to be expected.
Ownership of Products passes to you upon receipt of full payment. You assume all risk and responsibility for Products in transit and upon receipt. Title in downloadable computer software does not pass until download is complete. Downloaded software is licensed, not sold.
Content Accuracy
We attempt to ensure information on the Website is complete, accurate and current. However, we do not guarantee the accuracy or completeness of any information, including prices, product details, specifications, availability, and services offered.
We reserve the right to change product and service offerings, specifications, and pricing at any time without notice. We make no commitment to update any information on our Website. The information and materials may include technical inaccuracies or typographical errors.
You assume full responsibility and risk of loss from your use of information contained on our Website. IN NO EVENT WILL INSIGNIA BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF OR RELIANCE ON ANY INFORMATION OR MATERIALS ON THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Third Party Sites
The Website may contain links to websites of third parties. Any use or access of third party sites is solely at your own risk. We do not control, endorse, or make any representations about third party websites. We are not responsible for the accuracy, completeness, or reliability of any information, services or products provided on third party sites.
Third party links do not imply our endorsement of information, products, or services provided by such sites. If you choose to access linked sites, you do so at your own risk. We encourage you to review the privacy policies and terms and conditions on all third party sites.
Disclaimer of Warranties
YOUR USE OF THIS WEBSITE AND SERVICES IS AT YOUR OWN SOLE RISK. OUR WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES THAT ACCESS WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. WE ALSO MAKE NO WARRANTIES ABOUT NON-HARM FROM THE ACCESS OR USE OF OUR WEBSITE OR SERVICES.
Limitations of Liability
INSIGNIA, OUR PARENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES ARISING FROM OR RELATED TO YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE OUR WEBSITE OR SERVICES.
THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE ABOVE LIMITATIONS OF LIABILITY SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS THAT CANNOT BE EXCLUDED OR LIMITED BY THESE TERMS. WE WILL NOT EXCLUDE OR LIMIT OUR LIABILITY WHERE IT IS UNLAWFUL TO DO SO.
NOTHING IN THESE TERMS SHALL LIMIT OUR LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, PERSONAL INJURY OR DEATH, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
Indemnification
You agree to hold harmless, release, defend and indemnify Insignia, and our parents, affiliates, subsidiaries, officers, agents, co-branders, partners, employees and directors, from and against any third party claim arising from or in any way related to your access or use of our Website or Services, violation of these Terms, violation of any law or the rights of any third party, or any other party’s access or use of the Website or Services with your account.
Voluntary Participation
Use of our Website and Services is voluntary and at your sole discretion. We do not recommend that you rely solely on the information presented on our Website. You assume full responsibility and risk of loss resulting from your use of our Website or Services or your reliance on any information presented on the Website or Services.
Privacy Policy
Please review our Privacy Policy to understand how we collect, process, and store your personal data when you use our Website or Services. The Privacy Policy is incorporated by reference into these Terms.
Modifications and Interruption to Website
We reserve the right to modify or discontinue all or any portion of our Website or Services with or without notice to you. We will not be liable if any modification, suspension or discontinuance of our Website or Services prevents you from accessing our Website or Services.
We cannot guarantee the Website and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website or Services, resulting in interruptions, delays, or errors. You agree that we have no liability for any damages arising from such interruptions, delays, or errors.
Governing Law
These Terms shall be governed by the laws of the State of Delaware without regard to conflict of law principles. Any disputes relating to these Terms or your access to or use of our Website or Services will be subject to the exclusive personal jurisdiction and venue of the state and federal courts in the State of Delaware.
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
