- 1. ACCEPTANCE OF TERMS AND CONDITIONS
By using, accessing, visiting or browsing the Website, You accept, without limitation or qualification, these Terms and Conditions. If You do not agree to be bound by these Terms and Conditions, You should exit the Website immediately. By accessing the Website, You affirm that You have read this Agreement and understand, agree and consent to all Terms contained herein.
These Terms and Conditions constitute the entire agreement between M.A.D.E and You, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Website, or its content, and the subject matter of these Terms and Conditions. You further agree not to use or access the Website if doing so would violate the laws of Your state, province or country.
2. CHANGES AND MODIFICATION OF THE TERMS AND CONDITIONS
We reserve the right, at Our sole discretion, to change, modify, add or remove the Terms and Conditions (or any portion thereof), the Guidelines, or any of Our other policies and agreements related to the Website at any time and in any manner without prior notice to You. You can review the most current version of the Terms and Conditions and Guidelines at any time by clicking on the appropriate link located at the bottom of the homepage on the Website. Your continued use of the Website following the posting of any changes to the Terms and Conditions or the Guidelines constitutes Your acceptance of such changes.
3. ACCESSING AND USING THE WEBSITE
You agree to comply with all of the Terms and Conditions, the Guidelines, the policies referred to below, and all applicable laws, regulations and rules when You use the Website.
b. License and Restrictions
Subject to the Terms herein, You are hereby granted a limited, temporary, non-transferable and non-exclusive right to access and make use of the content and materials on the Website in the normal course of Your use of the Website. This Website, in whole or in part, may not be reproduced, duplicated, sold, resold or otherwise exploited for any commercial purpose, unless otherwise specified in writing by M.A.D.E. The Website will retain ownership of its intellectual property rights and You may not obtain any rights therein by virtue of the Terms and Conditions or otherwise, except as expressly set forth in the Terms and Conditions. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website, except as expressly set forth in the Terms and Conditions and Guidelines. You agree not to access the Website by any means other than through the interface that is provided by M.A.D.E for use in accessing its Website.
c. Alleged Violations
M.A.D.E reserves the right to terminate Your use of the Website if M.A.D.E believes that You have violated any of the Terms and Conditions or the Guidelines, furnished M.A.D.E with false or misleading information, provided or disseminated false or misleading information about M.A.D.E or the services that M.A.D.E offers, or interfered with use of the Website by others.
d. User Conduct and Restrictions
You agree that in connection with Your use of the Website and the content You will not: use the Website for any unlawful purpose; disrupt or interfere with the security or use of the Website or any web sites linked to the Website; engage in any activity that interferes with any third party’s ability to use or enjoy the Website; assist any third party in engaging in any activity prohibited by the Terms and Conditions or the Guidelines; or intentionally or unintentionally violate any applicable local, state, national or international law.
e. Other Users
If You become aware of any conduct that violates the Terms and Conditions or the Guidelines, We encourage You to contact M.A.D.E at (786) 332-6233 or firstname.lastname@example.org.
4. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTY
THE MATERIALS CONTAINED ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, M.A.D.E DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS USE OR ANY INFORMATION ON IT WILL BE UNINTERRUPTED OR SECURE OR FREE OF DEFECTS, INACCURACIES OR ERRORS, M.A.D.E DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND IN NO EVENT SHALL M.A.D.E OR ITS OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICA-TIONS PROVIDERS AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST OR LOSS (COLLECTIVELY, “CLAIMS”) ARISING FROM OR RELATED TO THIS AGREEMENT, THE GUIDELINES, OR YOUR USE OF THE WEBSITE.
5. LIMITATION OF DAMAGES
WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
6. INTELLECTUAL PROPERTY
The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, designs, logos, other files, and the collection, arrangement and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of M.A.D.E or its licensors. No license or ownership rights in or to any of the Intellectual Property are conveyed to You by virtue of this Agreement and Your use of the Intellectual Property is governed by these Terms and Conditions and the Guidelines published on the Website.
7. TERMINATION OF AGREEMENT
You agree that M.A.D.E, in its sole discretion, may terminate this Agreement or Your access to the Website if M.A.D.E believes that You have violated, breached or acted inconsistently with the letter or spirit of the Terms and Conditions or the Guidelines, or if M.A.D.E believes You are abusing the Products or Services M.A.D.E provides. You agree that any termination of Your access to the Website under any provision of this Terms and Conditions may be effected without prior notice, and that M.A.D.E shall not be liable to You or any third-party for any termination of Your access to the Website. If Your access to the Website is terminated, We reserve the right to exercise whatever means We deem necessary to prevent unauthorized access to the Website, including, but not limited to, technological barriers, IP mapping, and direct contact with Your Internet Service Provider. The Terms and Conditions will survive indefinitely unless and until We choose to terminate them.
Any notice required to be given under this Agreement to You may be provided to You by postal mail or by email. If notice is sent by email, such notice shall be sent to the email address that You provide to Us in the Contact portion of the Website and shall be deemed delivered once sent. Notices by You to M.A.D.E must be sent to: email@example.com.
The Website may provide links to other World Wide Web sites or resources. M.A.D.E has not reviewed these websites and is not responsible for the accuracy, content, privacy policies or availability of information found on websites that link to or from the Website. M.A.D.E is not affiliated with nor endorses any merchandise or services available on other websites, nor has M.A.D.E taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. Neither M.A.D.E nor its affiliates, officers, directors, employees or agents shall be liable for any damages arising out of your use of third-party material or third-party sites that are linked to this Website.
You agree to defend, indemnify, defend and hold harmless M.A.D.E, its Website, officers, directors, employees and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs or demands for damages or injunctive relief directly, indirectly and/or consequentially resulting or allegedly resulting from Your use, misuse or inability to use the Website or Your breach of any of these terms and conditions of this Agreement.
11. DISPUTE RESOLUTION BY BINDING ARBITRATION
We each agree to first contact each other with any disputes against each other related in any way to this Agreement, the Terms and Conditions, or the Guidelines and provide a written description of the problem, all relevant documents/information, and the proposed resolution. If any such dispute(s) cannot be resolved by the Parties, the dispute(s) shall be resolved by binding arbitration. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Rules. Unless We agree otherwise, the Arbitration will be conducted by a single neutral arbitrator either jointly agreed or chosen pursuant to the AAA’s Consumer Rules, and We each are responsible for Our own costs relating to counsel, experts and witnesses, as well as any other costs relating to the arbitration.
12. GOVERNING LAW
You agree that this Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with Your use of our Website, Intellectual Property, the Terms and Conditions, the Guidelines or any matter concerning M.A.D.E shall be governed exclusively by the laws of the State of Florida, excluding its conflict of law provisions.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, the Terms and Conditions, the Guidelines or any portion thereof, to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of the Agreement, the Terms and Conditions, and the Guidelines will continue in full force and effect.
14. NO WAIVER
No waiver of or by M.A.D.E shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
16. COMPLETE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Website, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
17. BINDING ON SUCCESSORS; ASSIGNMENT
This Agreement will be binding upon each party hereto and its successors and permitted assigns. This Agreement and all of Your rights and obligations under them may not be assignable or transferable by You without Our prior written consent. M.A.D.E, at its sole discretion, may freely transfer or assign this Agreement or any of its obligations thereunder.