Madberries.com Website Terms of Use
Madberries.com ("we", "our", "us") asks that you read these Terms of Use ("Terms") carefully before using www.Madberries.com. By using this website, you consent to these Terms as well as the terms of our privacy policy located at http://www.madberries.com/pages/privacy_policy and incorporated herein by reference. If you do not agree to these Terms, please immediately stop using this website. Please note that we may change these terms at any time. Your continued use of the Website indicates your agreement to any and all such revised Terms. We, therefore, recommend that you check back regularly and note any changes to the Terms. When we update the Terms, we will revise the "Last Updated" date above.
Our Website
The Terms govern your use of this website only. This website may contain hyperlinks to other websites controlled by third parties. Our website's incorporation of such links implies no endorsement of or affiliation with any of the linked sites. We are not responsible for the contents or use of any linked site. By using our website, you expressly relieve us from any and all liability arising from your use of any linked website. Accordingly, we encourage you to be aware when you leave our website and to read the terms and conditions and privacy policy of each website that you visit. Similarly, your correspondence, business dealings with, or participation in promotions of advertisers found on or through our website (including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our website.
Termination of Site Use
We may terminate your rights to use this website without notice if you fail to comply with any of these Terms or for any reason in our sole discretion. We reserve the right to change, suspend, or discontinue all or any aspects of our website at any time, without prior notice to you. Madberries.com will not be liable to you or to any third party for any modification, suspension or discontinuance of the website or any portion thereof.
Your Use of this Website
You agree that you will not:
a. Interfere with or disrupt the website, related services, or servers or networks connected thereto, or disobey any requirements, procedures, policies or regulations of networks connected to our website or related services;
b. Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
c. Distribute viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or misappropriate any system, data or information;
d. Employ any data-mining or data-extraction tools;
e. Copy or adapt the HTML code used to generate this site;
f. Use any device, software, or routine to interfere with the proper working of this site or any activity being conducted on this site;
g. Access data not intended for you or log into a server or account that you are not authorized to access;
h. Probe, scan, or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;
i. Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising any part of this site;
j. Engage in any activity that conflicts with any obligations you have under law including contractual or fiduciary relationships;
k. Circumvent, disable or otherwise interfere with security-related features of the website
Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this web site are registered and unregistered trademarks of Madberries.com and others. Your misuse of the Trademarks displayed on this website is strictly prohibited. Nothing contained on this website should be construed as granting any license or right to use any Trademark displayed on the website without the written permission of Madberries.com or such third party as may own the Trademark.
Copyright
All the material you see or read on this website or download from our servers is protected by copyright unless otherwise stated and may only be used according to these terms and conditions. Any unauthorized use of such material may violate copyright laws, trademark laws, the laws of privacy and publicity, as well as other communications regulations and statutes. Madberries.com does not warrant or represent that your use of materials displayed on this web site will not infringe rights of third parties who are not owned by or affiliated with Madberries.com.
Disclaimer
Your use and browsing of this website are at your own risk. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, OR OUR SERVER THAT MAKES SUCH MATERIAL AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE MATERIALS ON THIS SITE. YOU UNDERSTAND AND AGREE THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Indemnification.
You will defend, indemnify, and hold us (and any affiliated company or individual) harmless from: (i) your use of and access of our website; (ii) your violation of any of these Terms; (iii) your violation of any third-party right including any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of our website.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF WE OR ONE OF OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING THIS SITE.
Governing Law
These Terms are governed by laws of the state of New York without respect to its conflict of laws provision. Any claim or dispute between you and us that arises in whole or in part from this website will be decided exclusively by a court of competent jurisdiction located in New York, New York. These Terms, together with the privacy policy located at http://www.madberries.com/pages/privacy_policy and any other legal notice published by us on this website (including, without limitation, any applicable sweepstakes or contest rules) constitute the entire agreement between you and us concerning this website. If any provision of these terms are deemed invalid by a court of competent jurisdiction then the invalidity of such provision will not affect the validity of the remaining provisions of these Terms. Our failure to insist on or enforce strict performance of any provision of these terms will not be construed as a waiver of any provision or right.
General Information
These Terms of Use govern your use of the website and supersede any prior agreements between you and Madberries.com. The failure of Madberries.com to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If you have any questions about any of the Terms, please contact us at legalrequests@madberries.com and include the term "Madberries.com Terms of Use" in the title of your email.
