These General Terms and Conditions of Use ("Terms") are entered into by and between you and Madstone Design.LLC, a New York corporation ("Company"). In consideration of your use of and access to this Internet site and Company's telephone ordering services ("Company Services"), and the promises and obligations herein, and intending to be legally bound, you and Company hereby agree as follows:
Your access to and use of the Company Services is subject to these Terms, as well as any modifications to them issued by Company and all applicable laws and regulations. BY USING THE COMPANY SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS AND OTHER APPLICABLE POLICIES. If you do not want to be bound by these Terms or policies, do not use the Company Services.
Among other things, the Company Services provide information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by the Company Services in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within or feature offered by the Company Services contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall govern.
1. Changes in Terms
Company shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Company Services. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including without limitation posting the revised or additional terms and conditions on the Company Services. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Company to these Terms. ANY ACCESS OR USE OF THE COMPANY SERVICES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Company shall be valid or enforceable against Company unless expressly agreed to by Company in a writing signed by a duly authorized officer of Company.
These Terms are effective until terminated by Company. Company may terminate these Terms without notice and at any time in connection with any of the Company Services. In the event of termination, you are no longer authorized to access those Company Services, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
Company shall also have the right without notice and at any time to terminate some or all of the Company Services or any feature or portion thereof, or any products or services offered through them, or to terminate any individual's right to access or use of the Company Services or any feature or portion thereof.
3. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Company Services and your purchase of products or services through them. You must be at least 18 years old to use the Company Services.
21 in New York?
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by Company on or through the Company Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content".
The Content may contain errors, omissions, or typographical errors or may be out of date. Company may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Company in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Company or by third parties that have licensed their use to Company. You may view and use the Content only for your personal information and for shopping and ordering on or through the Company Services, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Company does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Company Services, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Company, is strictly prohibited.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT:
If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the Company copyright agent the written information specified below:
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
· A description of the copyrighted work or other intellectual property that you claim has been infringed;
· Your address, telephone number, facsimile number, and email address;
· A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
· A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
The Company Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
122 Greenwich Ave, Unit 12
New York, NY 10011
5. Linked Third Party Sites
Links to other Internet sites operated by third parties, including Company vendors, do not constitute sponsorship, endorsement, or approval by Company of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Company, and Company is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
6. Prices; Orders
All prices displayed in the Company Services are quoted in U.S. dollars. Company may, in its discretion, restrict delivery to addresses within the United States. Company will add shipping and handling fees and applicable sales/use tax. Products and services offered on this site are available while supplies last.
The receipt by you of an order confirmation does not constitute Company's acceptance of an order. Prior to Company's acceptance of an order, verification of information and approval of the order may be required. Company reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Company, for any reason. Company reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
7. Disclaimer and Limitation of Liability as to the madstonedesign.com Site and Content
COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE COMPANY SERVICES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. COMPANY ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE COMPANY SERVICES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COMPANY SERVICES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE COMPANY SERVICES IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE COMPANY SERVICES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE COMPANY SERVICES OR ANY LINKED SITE OR ITS CONTENTS.
8. Returns; Disclaimer and Limitation of Liability as to Products and Services
Company wants you to be completely satisfied with your purchase through the Company Services. If for any reason you are not entirely pleased with a product you purchased through the Company Services, Company will accept items for exchange or return. Please ensure that the item is returned in new and re-saleable condition within 10 business days from the delivery date of your order. Returns after the 10 day period are only eligible for a store credit. If you would like to make a return please email for a return authorization us at: firstname.lastname@example.org (no refund will be granted without return authorization). For your protection, please pack your returns in the original box, return your order with an insured courier (e.g., FedEx, UPS) & retain your receipt. Company is not responsible for items damaged or lost in transit. Please include a note with your name and invoice number. Once your return is processed, the purchasing card will be credited for the merchandise amount only. We cannot refund shipping charges on return items.A few select pieces may not be returnable; if that is the case we will let you know BEFORE we process your order, giving you the option to cancel the order.
*Personalized items, special orders and sized items cannot be returned.*
COMPANY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE COMPANY SERVICES, EVEN IF COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless Company, Company's vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Company Services. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Company Services or any product or service provided to you arising out of or relating to your use of the Company Services.
Except as otherwise expressly provided herein or in Company's separately posted Privacy Statement, any communication or material you transmit to Company through the Company Services by electronic mail or otherwise, including without limitation any images, photographs, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by Company, including without limitation reproduction, modification, disclosure, transmission, publication, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. Furthermore, Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Company through the Company Services for any purpose whatsoever, including without limitation developing, manufacturing, and marketing products or services using information contained in such communication.
These Terms constitute the entire agreement of the parties with respect to the subject matter such subject matter. No waiver by Company of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
Access to or use of the Company Services shall not be construed as Company's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of New York. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law provisions. Additionally, any claims brought against Company shall be governed by and construed in accordance with the laws of the State of New York. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of the Company Services, or any orders placed or products or services purchased through any of them, shall be in the state or federal courts located in the Courts of New York.
Company shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.