LEGAL STATEMENT OF MADGETECH, INC. ("MADGETECH")
- Use of Material
- Acceptable Site Use
- Madgetech's Liability
- Disclaimer of Consequential Damages
- Links to Other Sites; External Links to the Website
- Limitation of Liability
This page states the Terms and Conditions under which you may access and view www.madgetech.com (the "Website"). Please read this page carefully. If you do not accept these Terms and Conditions, do not access this Website. By accessing this Website, you are indicating your acceptance to be bound by these Terms and Conditions. Madgetech may revise these Terms and Conditions at any time by posting an update to this page. You should visit this page periodically, as your continued access to the Website following the posting of changes to these Terms and Conditions will mean you accept such changes. The terms "you" and "user" as used herein refer to all individuals and/or entities accessing the Website for any reason.
Products described in the Website may or may not be available in all countries or regions of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. The contents of this Website, such as text, graphics, images and other material ("Material"), are owned by Madgetech and its licensors and vendors, and are protected by United States and foreign intellectual property laws. Unauthorized use of the Material may violate copyright, trademark and other laws. Madgetech authorizes you to view and download a single copy of the material on the Website solely for your personal use, provided you retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. The Materials may be used for your non-commercial informational purposes only. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Website or in a networked computer environment for any purpose is prohibited. You may not copy or adapt the HTML or other code that Madgetech uses to generate its pages. This code is also protected by Madgetech's copyright.
General Rules: You may not use the Website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Security Rules: You are prohibited from violating or attempting to violate the security of the Website and from using the Website to violate the security of other Websites by any method, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the Website, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing"; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any Madgetech packet header or any part of the header information in any e-mail, instant message, text message or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Madgetech may investigate violations of these Terms and Conditions and may involve and cooperate with law enforcement authorities in prosecuting users of the Website who are involved in such violations.
Specific Prohibited Uses: Madgetech specifically prohibits any use of the Website, and you agree not to use the Website, for any of the following:
- distributing or otherwise publishing, without Madgetech's approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services;
- soliciting other users of the Website to join or become members of any commercial online service; or
- deleting or revising any material posted by any other person or entity.
The Material may contain inaccuracies or typographical errors. Madgetech makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or the Material. The use of the Website and the Material is at your own risk. Madgetech reserves the right, at its discretion, to modify, add, or remove portions of the Website at anytime without notice. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material placed by you on the Website. Further, Madgetech does not want you to, and you should not, send any confidential or proprietary information to Madgetech via the Website. You agree that any information or materials that you or individuals acting on your behalf provide to Madgetech will not be considered confidential or proprietary. By providing any such information or materials to Madgetech, you grant to Madgetech an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Madgetech is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Madgetech. You further recognize that Madgetech does not want you to, and you warrant that you shall not, provide any information or materials to Madgetech that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
MADGETECH DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE OR DATA, MADGETECH IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MADGETECH, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MADGETECH MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.
IN NO EVENT WILL MADGETECH, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MADGETECH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Website may contain links to third party Websites. These links are provided solely as a convenience to you and not as an endorsement by Madgetech of the contents on such third-party Websites. Madgetech is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at you own risk. Madgetech cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Website, since these sites are owned and operated by independent retailers. Madgetech does not endorse any of the merchandise, nor has Madgetech taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Madgetech does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. Madgetech strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties. All links to the Website must be approved in writing by Madgetech, except that Madgetech consents to links in which: (i) the link is a text-only link containing only the name "Madgetech, Inc."; (ii) the link "points" only to www.madgetech.com and not to deeper pages; (iii) the link, when activated by a user, displays the Websites homepage in a full-screen and in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Madgetech nor be such as to damage or dilute the goodwill associated with the name and trademarks of Madgetech or its affiliates. Madgetech reserves the right to revoke this consent to link at any time in its sole discretion, without notice.
The aggregate liability of Madgetech to you for all claims arising from the use of the Website and Materials is limited to $100.
Upon any breach, or suspected breach, by you of these Terms and Conditions, Madgetech reserves the right, at its sole discretion and without notice, to immediately terminate your ability to access the Website and/or any other service provided to you by Madgetech; to investigate and to involve and cooperate with law enforcement authorities and to pursue a civil action or criminal prosecution for any alleged or actual illegal activities involving this Website.
You agree to indemnify and hold harmless Madgetech, its officers, directors, employees, shareholders and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. Madgetech will provide notice to you promptly of any such claim, suit, or proceeding and you will be liable for the costs incurred by Madgetech in defending against any such claim, suit or proceeding.
These Terms and Conditions are governed by the internal substantive laws of the State of New Hampshire, without respect to its conflict of laws principles. Jurisdiction of any claims arising under these Terms and Conditions will lie exclusively with the state or federal courts within Concord, New Hampshire. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect. No waiver of any provision of these Terms and Conditions will be deemed a further or continuing waiver of such provision or any other provision. Except as expressly provided in a "Legal Notice" or other statement by Madgetech on the Website, these Terms and Conditions constitute the entire agreement between you and Madgetech with respect to the use of Website. No changes to these Terms and Conditions may be made except by a revised posting on this page.
Last updated January 2007.
© 2007 Madgetech, Inc. All rights reserved.