This website is operated by Maddle. Throughout the site, the terms “we”, “us” and “our” refer to Maddle. Maddle offers this website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service, without modification. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence (but in any event, you represent that you are over the age of 18), or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You further acknowledge that you are using the website for personal, non-commercial purposes.
You must not transmit any worms, trojan horses, bugs or viruses or any code of a destructive nature.
A breach or violation of any of these Terms of Service will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without prior express written permission by us.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site, from time to time.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. US dollar is the currency that is used by default on the American version of the website.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or to any third-party for any modification, price change, price irregularity, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per account, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You further agree that you will be responsible for maintaining the security of your account and are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to immediately notify us of any unauthorized uses of your account or any other breaches of security. In addition to any other rights granted to us herein, we reserve the right to suspend or terminate your use of the website and your access to the Service if your account becomes delinquent (falls into arrears) and any amounts due are not paid within ten (10) days after your receipt of a notice of non-payment from us.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. Any such activity, and any terms, conditions, warranties or representations associated with such activity are solely between you and the applicable third-party. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violate any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove any Service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service and/or any of our products is at your sole risk. The Service and all products and services delivered to you are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
By assembling and/or using our products, you acknowledge that you have, prior to using a product, read, understood and accepted the related Maddle instruction manual as well as the warnings and labels affixed to the product, including all instructions and warnings contained in such materials (collectively, the “Product Information” for the purposes of the present Section), and that copies of such Product Information have been made available to you. You also agree that by assembling and/or using our products, you are agreeing to the terms of this waiver of liability (this “Waiver” for the purposes of the present Section).
BY USING ANY OF OUR PRODUCTS, YOU ACKNOWLEDGE AND UNDERSTAND THAT THE ACTIVITY FOR WHICH THE PRODUCT IS DESIGNED IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, AND EVEN DEATH THAT NO AMOUNT OF CARE, CAUTION OR EXPERTISE CAN ELIMINATE. BY USING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITY FOR WHICH THE PRODUCT IS INTENDED AND AGREE TO ACCEPT AND ASSUME ANY AND ALL FORESEEABLE AND UNFORSEEABLE, KNOWN AND UNKNOWN RISKS OF INJURY, DISABILITY AND EVEN DEATH ARISING FROM YOUR USE OF THE PRODUCT, INCLUDING BUT NOT LIMITED TO THOSE RISKS CAUSED BY ACTIONS, INACTIONS, ERRORS, OMMISSIONS OR NEGLIGENCE OF MADDLE AND/OR EACH OF ITS RELATED, CONSTITUENT, OR AFFILIATED ENTITIES INCLUDING BUT NOT LIMITED TO EACH OF ITS MANAGERS, MEMBERS, OFFICERS, AGENTS, DEALERS, EMPLOYEES AND ANY PARTY PARTICIPATING IN THE DESIGN AND/OR MANUFACTURE OF THE PRODUCT (the “RELEASEES” for the purposes of the present Section).
Misuse or improper use of our products could result in risks, dangers, and hazards which may result in serious bodily injury, permanent disability, paralysis and/or loss of life. As such, we strongly suggest and advise you to take the following measures during any use of our products:
- At all times wear all recommended protective apparel;
- Avoid using the Product under the influence of alcohol, drugs, or any other substance that could impair your faculties, judgment and/or physical functioning;
- Avoid using the Product if you have physical or mental disabilities that may interfere with your use of the Product;
- Use the Product only according to the instructions provided in the instruction manual and the on-product warnings and labels.
You additionally agree that you will ensure any additional or subsequent users of any of our products will read and understand the entire instruction manual, the on-product warnings and labels, and this Waiver.
Your assembly and use of any of our product shall also constitute a waiver, to the fullest extent permitted by law, of any claims which you may now have or may have in the future against Releasees, by reason of any loss, damage, injury, and/or expense you or any user may sustain arising out of your use or any user’s use of the Product and hereby agree not to bring any claim against any Releasee in respect of such matters. To the fullest extent permitted by law, you further agree, on behalf of yourself, as well as on behalf of your heirs, agents, assigns, successors, and representatives, to release, discharge, indemnify, to forever release and discharge the Releasees from and against any and all claims, causes of action, demands or charges of any nature, including but not limited to claims with respect to the design, manufacture, assembly, preparation, repair or maintenance of any of our products, or with respect to the conditions, qualifications, instructions, rules or procedures under which the use of the said product is permitted or conducted, or from any other cause, arising out of or resulting from your use or any user’s use of the product, including any claim relating to your own negligence or the negligence of the Releasees (in whole or in part and due to negligence or not).
In no case shall Maddle, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service, the products procured using the Service, or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. We, in no way, guarantee that you will not suffer any injury or condition as a result of your use of the products procured using the Service. You understand that we are not responsible to compensate you for any injury sustained or aggravated as a result of your use of any products procured using the Service. For further clarification, in no event shall we be liable for any direct, indirect, special, incidental, consequential, punitive or other damages that you incur during or resulting from your use of any product offered on the website, including but not limited to death, disability, personal injury, or damage to others, regardless of the manner in which such damage or injury occurs.
The Releasees have not made and hereby expressly deny any oral or written representations and/or warranties, including without limitation any warranty of merchantability or fitness for a particular purpose, other than those that may be set forth in a product’s instruction manual.
If any term or provision of this Waiver is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Waiver or invalidate or render unenforceable such term or provision in any other jurisdiction. This Waiver is binding on and shall inure to the benefit of the Releasees and you and heirs, agents, assigns, successors, and representatives. All matters arising out of or relating to this Waiver shall be governed by and construed in accordance with the laws applicable in the Province of Quebec, without regard to the conflict of law rules thereof.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Maddle and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to any termination of these Terms of Service shall survive the termination of these Terms of Service for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
SECTION 18 - GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein. These Terms of Service shall be governed by Quebec law and the laws of Canada applicable therein, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the courts of the province of Quebec. If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. This clause remains valid and fully enforceable notwithstanding the fact that you are located, residing, or domiciled outside the Province of Quebec and/or Canada when accessing our website, using our products or services, or otherwise interact with Maddle in any other fashion;
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. Any new features, services or tools which are added to the current store shall also be subject to the Terms of Service.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
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