PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE SITE OR DOWNLOAD ANY MATERIALS.
By accessing and using the MadgeTech, Inc. website and materials located at www.madgetech.com (the “Site”), you acknowledge and agree to abide by the following terms and conditions of use (“Terms of Use”) and to comply with all applicable laws. This Site and its contents are owned and operated by MadgeTech, Inc., (“MadgeTech”, “us”, “we”, and “our”) from its headquarters in New Hampshire, United States.
By accessing, browsing and/or using the Site, you represent you have the legal authority to accept these Terms of Use on behalf of yourself and/or any party that you represent. MadgeTech reserves the right to update or modify the Site or these Terms of Use at any time without prior notice or liability to users (“user”, “you” or “your”).
No Unlawful or Prohibited Use
This Site may only be used for lawful purposes in accordance with these Terms of Use. As a condition of your use of this Site, you warrant to MadgeTech that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. Users are prohibited from:
- Making any commercial use of the Site or its Content, including reproducing, duplicating, copying, selling, or otherwise exploiting for any commercial purposes any portion of, use of, or access to the Site;
- Framing, mirroring or using framing techniques on any part of the Site without MadgeTech’s express prior written consent;
- Using any metatags or any other hidden text or codes utilizing MadgeTech’s name or Marks;
- Conducting fraudulent activities on the Site;
- Making use of or attempting to use any data extraction, scraping, mining or other data gathering tools, or any other program, device or algorithm, process or methodology to access, acquire, copy, or monitor the Site (or portions thereof);
- Tampering with the Site or using or attempting to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site, or any activity being conducted on the Site;
- Harvesting or collecting personally identifiable information about other users of the Site;
- Modifying, adapting, translating, reverse engineering, decompiling or disassembling any portion of the Site;
- Using the Site or any of the Content in violation of any applicable law or regulation;
- Removing any copyright, trademark or other proprietary rights notices from the Site or materials originating from the Site; or
- Violating or attempting to violate the security of the Site, and from using the Site to violate the security of other websites by any method, including, without limitation: (i) accessing data not intended for you or logging onto a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any MadgeTech header or any part of the header information in any email, instant message, text message or posting; (vi) forging communications on behalf of the Site (impersonating the MadgeTech Site) or to the Site (impersonating another user); or (vii) attempt to gain unauthorized access to the Site through hacking, password mining or any other means.
Violations of system or network security may result in civil or criminal liability. MadgeTech may investigate violations of these Terms of Use and may involve and cooperate with appropriate law enforcement authorities in prosecuting users of the Site who are involved in such violations.
Intellectual Property
The Site and its contents, including but not limited to, its features and functionality, all products, information, text, displays, graphics, images, photographs, video, audio, code, data, and software as well as the design, selection and arrangement thereof, trademarks, service marks, logos, taglines, slogans, trade names and other material, appearing on, made available on or accessed through the Site (collectively, the “Content”), are the property of MadgeTech, its licensors or other rights holders of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. MadgeTech aggressively enforces its intellectual property rights to the fullest extent of the law. Nothing contained on the Site or in the Content should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content or Mark displayed on our Site, without the prior written consent of MadgeTech.
Copyright
MadgeTech retains all rights in this Site and the Content, including (without limitation) all copyright and other proprietary rights worldwide in all media. This Site and the Content are only for your personal non-commercial informational purposes. Except as expressly permitted herein, you may not copy, reproduce, distribute, republish, download, display, modify, post or transmit in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, or otherwise exploit the Site or any of the Content in any form or by any means without the prior written consent of MadgeTech.
Subject to your compliance with these Terms of Use, MadgeTech authorizes you to view and download a single copy of the Content on this Site solely for your own lawful, personal, non-commercial use, provided that you: (i) retain all copyright and other proprietary notices contained in the original Content and on any copy you make of the Content; (ii) do not modify or alter the Content; and (iii) only use images with surrounding text relating to the images. If you breach any of these Terms of Use this permission terminates automatically. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material made available on or accessed through the Site.
Trademarks
The MadgeTech name, the MadgeTech logo and all related names, logos, product names, designs, slogans, service marks, logos, taglines, and trade names (collectively, the “Marks”) displayed on the Site or in the Content are registered and unregistered Marks of MadgeTech, its licensors or other rights holders and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their respective rights holders or that otherwise are likely to cause customer confusion, or in any manner that disparages or discredits their respective rights holders. All Marks not owned by MadgeTech that appear on the Site or in the Content are the property of their respective owners. Any misuse, including any unauthorized use, of the Marks displayed on the Site or in the Content is strictly prohibited.
Other Terms May Apply
Additional terms and conditions will apply to business transactions conducted or any promotions run by MadgeTech through this Site. Additional terms will govern any products or services offered through this Site. Nothing contained in these Terms of Use is intended to modify or amend any agreement currently in effect between you and MadgeTech.
The information about MadgeTech and our products or services provided on this Site and in the product brochures and product user guides downloadable from this Site (except for applicable product manuals and technical documentation) is for general informational, educational and guidance purposes.
With respect to any MadgeTech product or service, you should refer to the applicable technical documentation, service, or instruction manuals for a complete description of instructions, care, intended use and cautions. Technical documentation and manuals available on this Site may contain instructions for service that should be performed only by a qualified, and in some cases, a licensed technician.
By downloading a MadgeTech brochure, product user guide or technical documentation, you are agreeing to read and follow the guidelines therein (including, without limitation, the guidelines in the warranty and safety sections of the manual or product user guide, and in any safety warnings otherwise contained within the manuals or product user guides).
User Accounts and Registration
Registration and/or login are required, among other things, to download certain information or Content from the Site. By creating an account with us you will be able to view and track your orders in your account and move through the checkout process faster.
As part of the registration process, you are required to select and use a password. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your password or account. You agree to notify MadgeTech immediately of any unauthorized use of your account or password or any other known or suspected breach of security. To the extent permitted by applicable law, MadgeTech will not be liable for any loss or damage arising from your failure to comply with these terms.
By creating an account, you represent and warrant to MadgeTech that: (i) you are 18 years of age or older and the age of majority in your state of residence as of the time you created an account; (ii) all information provided by you to MadgeTech during the registration process is truthful, accurate and complete; (iii) you will comply with all terms and conditions of these Terms of Use; and (iv) you will not use the Site, any of the Content or any other materials, or information obtained from the Site, for any purpose that is unlawful or prohibited by these Terms of Use.
Users can deactivate their account at any time by emailing us at [email protected] or by writing to:
MadgeTech, Inc.
Attn: Privacy
6 Warner Road
Warner, New Hampshire 03278
Termination
MadgeTech reserves the right, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or the Content at any time in its entirety at any time and for any reason.
MadgeTech may, in its sole discretion, restrict, suspend or terminate your access to all or any part of the Site, at any time, for any reason or for no reason at all, without prior notice or any notice. Any suspected fraudulent, abusive or illegal activity may constitute grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Product Availability
The Site and Content may describe or refer to products and services which are not available in your country. Accordingly, please contact MadgeTech for information as to which products and services may be available in your country.
Ordering Process
If you purchase any product or service made available through the Site, you will be asked to supply certain information relevant to your purchase transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. By submitting such information, you grant MadgeTech the right to provide such information to third parties for purposes of facilitating the completion of the transaction initiated by your purchase. We may require additional verifications or information prior to the acknowledgment or completion of any purchase transaction.
MadgeTech reserves the right, at its sole discretion, to accept or reject any order prior to shipment of the order. You will receive online confirmation that your order has been received by MadgeTech after you place an order on the Site. The online confirmation that your order has been received by MadgeTech does not constitute acceptance of your order. Shipment of each product in your order will constitute acceptance of your order. You will be notified of shipment by an automatic e-mail to the e-mail address associated with your account. When you place an order online through the Site, your credit card will be authorized, but it will not be charged until the product is shipped to you. All applicable taxes and shipping costs will apply as of the date of shipping.
Rejection or Cancellation of Orders
MadgeTech reserves the right at any time after receipt of your order to reject or delay fulfillment of your order for any reason. MadgeTech will contact you at the e-mail address associated with your order if it rejects or delays fulfillment of any product in your order. In the event that MadgeTech rejects any product in your order, MadgeTech will have no obligation to fulfill that product and you will have no obligation to pay MadgeTech for that product. If MadgeTech delays fulfillment of any product in your order, you have the right to cancel your order for that product, and MadgeTech has the right to reject your order for that product, at any time until the product is shipped. Some situations that may result in your order or any portion of your order being rejected or cancelled include:
- Limitation on quantity or availability for purchase; or
- Inaccuracies or errors in product or pricing information.
MadgeTech will contact you if all or any portion of your order is rejected after your order has been placed but before it is shipped by MadgeTech or if additional information is required to accept your order.
Availability and Description of Products
The purchase of products on the Site is subject to availability. If at any time a product is no longer available, MadgeTech shall have no obligation to fulfill your order for that product and you will have no obligation to pay MadgeTech for such unfulfilled product. MadgeTech will use reasonable efforts to notify you at the e-mail address associated with your account if any product ordered becomes unavailable. While we make every attempt to ensure the Site is accurate in its product descriptions, MadgeTech does not represent or warrant that product descriptions or other Content on this Site is accurate, complete, reliable, current, or error-free. If you find that a product you purchase is not as described, your sole remedy is to return it in accordance with MadgeTech’s Return Policy.
Terms of Sale for Online Purchases
All products or services available for purchase on this Site will be subject to the MadgeTech Terms of Sale and any additional terms that are referenced in or accompany the product, software or technology.
Pricing
By confirming your purchase at the end of the checkout process, you agree to pay MadgeTech the total sum due at checkout, subject to adjustments and shipping costs. All product pricing, shipping costs, applicable additional fees, and taxes are quoted in U.S. dollars.
Limits on Quantity
MadgeTech reserves the right, at its sole discretion, to limit the quantity of products purchased per person or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. In the event such limits will be applied to your order, we will provide notification to you.
Method of Payment
You may pay for your purchases using any method identified in the checkout process on the Site and you authorize MadgeTech to charge the applicable payment card or other payment method for your purchase. You represent and warrant that you have the legal right to use any payment card or other payment method utilized in connection with your purchase transaction. If your payment is rejected by the issuer of the payment card or other payment method, your order will not be shipped, and MadgeTech will have no obligation to fulfill your order.
Shipment
Your order will be shipped by a third-party carrier (e.g., UPS, FedEx, U.S. Mail, DHL, etc.). MadgeTech is not responsible for any loss of the product following delivery of the product to the third-party carrier. Products may be shipped to you in separate packages even if purchased in a single order.
Changes to Site
MadgeTech reserves the right, at any time in our sole discretion, to modify, suspend or discontinue the Site, Content or any product or service offered through the Site, with or without notice. All Content, descriptions, images, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any Content, product or service offered through the Site.
Links to Other Sites
This Site may contain links to other websites operated by third parties. You acknowledge that these links are provided solely as a convenience to you and the inclusion of such links does not imply that MadgeTech sponsors, endorses, is affiliated or associated with, any third-party website or the content, products, materials or information available on such third-party website. MadgeTech makes no warranty or representation regarding such third-party websites. In no event is MadgeTech responsible for content provided on such linked websites.
Disclaimers and Limitation of Liability
While we endeavor to provide the most accurate, current information available, the products, services, Content and information contained in the Site may, at times, contain technical inaccuracies or typographical errors, and may be changed or updated without notice. We cannot guarantee that the products or services, Content or other information provided through the Site will be accurate or current. We reserve the right without prior notice to discontinue or change the specifications on products and services offered on the Site without obligation.
THIS SITE AND THE CONTENT ARE PROVIDED TO YOU “AS IS” FOR INFORMATIONAL PURPOSES ONLY, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM.
MADGETECH DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SITE.
MADGETECH SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED THROUGH THE SITE OR YOUR USE OF OR RELIANCE UPON THE SITE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION.
YOU ACKNOWLEDGE THAT IN CONNECTION WITH YOUR USE OF THIS SITE, INFORMATION WILL BE TRANSMITTED OVER NETWORKS, ROUTERS, SERVERS AND OTHER DEVICES OWNED, MAINTAINED, OR SERVICED BY THIRD PARTIES OVER WHICH MADGETECH HAS NO CONTROL. ACCORDINGLY, MADGETECH WILL NOT BE LIABLE FOR ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH MADGETECH IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Changes to Terms of Use
MadgeTech reserves the right, at its sole discretion, at any time, without prior notice, to change, modify, remove, or revise any portion of these Terms of Use or impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon notice, which may be given by any means, including but not limited to posting the revised or additional Terms of Use on the Site. You should check these Terms of Use periodically for any modifications or revisions. Your continued use of this Site after posted changes to these Terms of Use or other policies constitutes your acceptance of such changes.
Privacy Policy
MadgeTech may collect certain information about you and your use of the Site. The MadgeTech Privacy Policy outlines our obligations and practices regarding the use and disclosure of information collected by MadgeTech when you use the Site and the handling of any personal information that you provide to us. The MadgeTech Privacy Policy is available here and incorporated into these Terms of Use by reference.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. MadgeTech, may, in its sole discretion, report actual or perceived violations of law to law enforcement or other appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms of Use, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during such investigation we may suspend services to any user being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms of Use could subject you to criminal or civil penalties.
California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to [email protected]. You may also contact us by writing to MadgeTech, Inc., Attn: Privacy, 6 Warner Road, Warner, New Hampshire 03278, or by calling us at (877) 671-2885. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Indemnification
You agree to defend, indemnify, and hold harmless MadgeTech, its directors, shareholders, officers, employees, agents, licensors and service providers from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your use or misuse of the Site or the Content, your breach of these Terms of Use and/or violation of any applicable laws.
Applicable Law
This Site and the Content are created and controlled by MadgeTech in the State of New Hampshire. As such, these Terms of Use and your use of the Site are governed by the laws of the State of New Hampshire, without regard to its conflict of law principles.
Disputes
You agree that a condition of using this Site that any cause of action, at law or in equity, arising out of or relating to your use of the Site or these Terms of Use shall be filed only in the state or federal courts of Merrimack County, New Hampshire, U.S.A. You hereby consent and submit to the exclusive jurisdiction and venue of such courts and consent and submit to the personal jurisdiction of such courts over any claim, suit, or proceeding.
General
If any provision contained these Terms of Use is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use constitute the entire agreement between you and MadgeTech with respect to the use of the Site. Any rights not expressly granted herein are reserved.
User access to the Site is governed by all applicable federal, state and local laws. All information available on the Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. The Site is controlled and operated by MadgeTech from the United States. MadgeTech makes no representations that the Content, or any other materials displayed, distributed, made available or accessed through the Site, are appropriate or available for use in other locations or may be downloaded outside of the United States. Access to the Site and/or Content may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Contact Us
If you have any questions or comments regarding these Terms of Use, please contact us at [email protected] or you can contact us by writing to:
MadgeTech, Inc.
Attn: Privacy
6 Warner Road
Warner, New Hampshire 03278
LAST UPDATED: May 3, 2019
© MadgeTech, Inc. 2019. All rights reserved.
