The Madefor Terms are entered into by and between you and the Company. Please read the Madefor Terms carefully before you access or use the Site or the Service. By accessing or using the Site or Service or by clicking to accept or agree to the Madefor Terms when this option is made available to you, you accept and agree to be bound by and abide by the Madefor Terms. If you do not accept or agree to the Madefor Terms, you must not access or use the Site or the Service.
The Site and the Service ARE offered and made available to users who are 18 years of age or older. By using the Site or the Service, you represent and warrant that (1) you have read, understand, and agree to be bound by the Madefor Terms, (2) you are of legal age to form a binding contract with the Company and (3) you have the authority to enter into the Madefor Terms. If you do not meet all of these requirements, you must not access or use the Site or the Service.
Changes to the Madefor Terms
We may revise and update the Madefor Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site or the Service thereafter. However, any changes to the dispute resolution provisions set forth in "Governing Law and Jurisdiction" below will not apply to any disputes for which parties have actual notice on or prior to the date the change is posted on the Site. Your continued use of the Site or the Service following the posting of revised Madefor Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Accessing the Site and Account Security
We reserve the right to withdraw or amend the Site and any services or materials we provide on or through the Site, including the Service, at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to portions of the Site, or the entire Site, to some or all users, including registered users. We have no obligation to provide you with any technical support in connection with your use or attempted use of the Site.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as strictly confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person or entity with access to any portion of the Site or the Service that requires the use of your user name, password or other security information. You agree to notify us immediately upon becoming aware of any unauthorized access to or use of your user name, password or other security information, or any other breach of security. You also agree to ensure that you exit or log off from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
While use of the Site is free, access to certain portions of the Site may require payment of such fees as may be determined by the Company from time to time. In addition, use of the Service requires that you purchase a subscription. Payment for subscriptions must be made in accordance with the payment options described on the Site from time to time. Payments made for the Service are non-refundable. By purchasing the Service, you acknowledge that your subscription has a recurring payment feature and will automatically renew unless you cancel your subscription prior to the end of the then-current subscription term by following the cancellation procedures described on the Site from time to time.
The Company may offer certain referral and/or reward programs from time to time in connection with the Service.
- Qualified Referral. A Qualified Referral is defined as a program enrollment made at getmadefor.com by a person (a "Referred Customer") who arrives to the Site by clicking on a Referrer’s unique referral link. Referrers are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
- Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).
- Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must enroll in the Madefor Program through your unique referral link.
- Reward Payments. Rewards may vary from month to month. An example of a reward is receiving a $10 Account Credit to be used at the Madefor Store. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
- Eligibility. Eligibility is limited to individuals only. The Company’s referral program cannot be used by businesses for affiliate lead generation as determined in the Company’s sole discretion.
- No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from the Company’s referral program.
- Right to Close Accounts. The Company reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Company’s referral program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
- Right to Cancel Program or Change Terms. The Company reserves the right to cancel the referral program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
SMS/MMS Mobile Message Marketing Program Terms and Conditions
- User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive auto-dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
- User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Madefor and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
- Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of Madefor services. Messages may include checkout reminders.
- Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.
- MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
- Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
- Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with a text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.
- Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
- Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Beverly Hills, CA before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Madefor’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
- Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
- Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
Intellectual Property Rights
The Service, the Site and their entire contents, features and functionality (including but not limited to all information, software (including any source code and object code), text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights law, as applicable.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material contained on or in the Site or the Service, including but not limited to any written materials included in or made part of any monthly subscription box, except as follows:
Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
You may store files that are automatically cached by your web browser for display enhancement purposes; and
You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not:
Modify copies of any materials from the Service or the Site; or
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Service or the Site.
The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, including “Madefor” and “Getmadefor”, and any and all variations thereof, are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in or on the Service or the Site are the trademarks of their respective owners.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site or the Service (collectively "Feedback"), you agree we may use the Feedback to: (a) improve the Site and the Service and (b) promote the Site and the Service, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or the Service or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
In any way that violates applicable federal, state or local law or regulation (including, without limitation, any laws regarding the exporting of data or software to or from the United States);
For the purposes of exploiting, harming or attempting to exploit or any individual in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
To transmit, or procure the sending of, any advertising or promotional material without prior written consent, including any "junk mail", "chain letter", "spam" or any other similar solicitation;
To impersonate or attempt to impersonate the Company, a Company employee or other representative, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service or the Site, or which, as determined by us in our sole discretion, may harm the Company or users of the Service or the Site or expose us or them to liability.
Additionally, you agree not to:
Use the Site in any manner that could disable, overburden, damage or impair the Site or interfere with any other party's use of the Site, including any other party's ability to engage in real time activities through the Site;
Use any robot, spider or other automatic device, process or means to access the Site for any purposes, including monitoring or copying any of the material on the Site;
Use any manual process or monitor to copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
Use any device, software or routine that interferes with the proper functioning of the Site;
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful to the Site;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server(s) on which the Site is stored, or any server, computer, database or network connected to the Site;
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper functioning of the Site.
Any User Contribution you post to the Site, or using the Site, will be considered non-confidential and non-proprietary, unless otherwise specifically noted by us. By providing any User Contributions on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any user of the Site.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or privacy rights;
Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and/or
Without limiting the foregoing, we have the right to fully cooperate with any governmental authorities (e.g., law enforcement) or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU HEREBY WAIVE AND HOLD HARMLESS THE COMPANY AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS OR LIABILITY RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR GOVERNMENTAL AUTHORITIES.
We do not undertake to review all material provided by any user or third party before it is posted on or transmitted through the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must comply with all applicable federal, state and local laws and regulations in all respects. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or entity;
Be intended or likely to deceive any person;
Promote any illegal activity, or advocate, promote or assist any unlawful act;
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
Impersonate any person or misrepresent your identity or affiliation with any person or organization;
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information and materials presented on or through the Site and the Service are made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information or materials. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or user of the Service, or by anyone who may be informed of any of its contents.
The Site and the Service may include content and materials provided by third parties. All statements and/or opinions expressed in such content or materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and responsibility of the person or entity providing such content or materials. Such content and materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
Any information provided by us regarding products or otherwise (e.g., product descriptions or instructions) is for informational purposes only. Use of the Site or the Service is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
Changes to the Site
We may update the content of the Site from time to time, but we make no representation or warranty that such content is complete or up-to-date. Any material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Site
Links from the Site or the Service
If the Site or the Service contains links or references to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to or referred to in the Site or the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Site is based in the United States. We make no claim that the Site or the Service is accessible or appropriate outside of the United States. Access to the Site or the Service may not be legal by certain persons or in certain countries. If you access the Site or the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
The Site and the Service may include health and wellness-related content, information, products and services (collectively, "Wellness-Related Services"). Before following or using any Wellness-Related Services, including any Wellness-Related ServiceS that involve physical exercise or changes to your diet, you are encouraged to consult a qualified medical professional. We are not medical professionals and cannot provide, and are not providing, medical treatment, medical advice or medical diagnosis, whether through the Site, the Service or otherwise. You are encouraged to seek the advice of a qualified medical professional with respect to any questions you may have regarding a medical condition or treatment options, as well as your overall physical and mental fitness, including as it relates to engaging in, using or following any Wellness-Related Services. Never delay seeking or disregard qualified medical advice.
By using the Site or the Service, you acknowledge and agree that we are not providing professional advice of any kind, and that the Wellness-Related Services are provided for general informational and educational purposes only. If you experience any discomfort or pain while engaging in, following or using any Wellness-Related Services, you must immediately cease the activity and seek the assistance of a qualified medical professional. You further acknowledge and agree that by ENGAGING IN, following or using any Wellness-Related Services there is the possibility of injury, emotional distress and/or death, and you assume the sole risk and responsibility for such results.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial of service attack, virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary materials due to your use of the Site or any products or services obtained through the Site, including the Service, or to your downloading of any material posted on the Site or any site linked to or referred to in or on the Site or the Service.
Your use of the Service and the Site, and any products or services obtained thereby, is at your sole risk. The Service and the Site, and any products or services obtained thereby, are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Service or the Site. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Service or the Site, or any products or services obtained thereby, will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Site or the servers that make it available are free of viruses or other harmful components or that the Service or the Site, or any products or services obtained thereby, will otherwise meet your needs or expectations.
The Company hereby disclaims all warranties of any kind with respect to the Service and the Site, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose.
The Company specifically disclaims any and all liability associated with the use of the Service and the Site, and any products or services obtained thereby, and you agree that you will not sue the Company for any claim related to any products and services.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation of Liability
You acknowledge and agree that we are only willing to collect payment and provide access to the SITE and the service if you agree to certain limitations on our liability to you and to third parties. You understand that, to the MAXIMUM extent permitted under applicable law, in no event will we or our officers, employees, directors, MEMBERS, MANAGERS, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the SITE or the service, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the SERVICE OR THE SITE or for any information appearing on any other WEBsite linked TO ON THE SITE. If you are dissatisfied with any portion of the SITE OR THE Service, your sole and exclusive remedy is to discontinue use of the SITE OR THE Service. Our total liability to you for all claims arising from or related to the Service AND/OR THE SITE is limited, in THE aggregate, to the greater of (i) the total amount PAID BY YOU TO THE COMPANY in the three (3) months IMMEDIATELY PRECEDING the date of the event FIRST giving rise to our liability, or (ii) fifty dollars (U.S. $50.00).
CERTAIN jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Limitation on Time to File a Claim
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE MADEFOR TERMS, THE SERVICE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Governing Law and Jurisdiction
All matters relating to the Service, the Site and the Madefor Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Subject to the provisions regarding arbitration below, any legal suit, action or proceeding arising out of, or related to, the Madefor Terms, the Service or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware in each case located in New Castle County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At our sole discretion, we may require you to submit any disputes arising from the Madefor Terms, the Service or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law and taking place in Wilmington, Delaware.
Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the Company and you in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you hereby waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
Waiver of Jury Trial
You hereby waive your right to a trial in front of a jury, instead agreeing that all claims and disputes will be resolved by a judge or, in our discretion, arbitration as described above.
Waiver of Class or Consolidated Actions
All claims and disputes within the scope of the Madefor Terms must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Waiver and Severability
No waiver by the Company of any term or condition set forth in the Madefor Terms shall be deemed a further or continuing waiver of such term or condition or waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Madefor Terms shall not constitute a waiver of such right or provision. If any provision of the Madefor Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the maximum extent such that the remaining provisions of the Madefor Terms will continue in full force and effect.
The Madefor Terms constitute the sole and entire agreement between you and the Company with respect to the Site and the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect thereto.
You hereby consent to receiving email messages, text messages (i.e., SMS and/or MMS communications) and/or telephone calls, including to your wireless telephone number(s), from us in connection with your use of the Site and/or the Service, including text messages and/or telephone calls that are automatically dialed and/or include pre-recorded messages.
We respect the intellectual property rights of others and expects users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law (including the Digital Millennium Copyright Act or "DMCA" at 17 U.S.C. §512) and are properly provided to us. If you would like the benefit of your legal protections under the DMCA, please review the DMCA to ensure your compliance.
If you believe that content has been copied in a way that constitutes copyright infringement or the infringement of other intellectual property rights, please send us a written request to remove the allegedly-infringing content (a "takedown notice"). Each takedown notice must be in English and include the following information:
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
Information reasonably sufficient to permit us to locate the material (e.g., the applicable uniform resource locator or "URL").
Your contact information, including your postal address, telephone number and an email address.
A statement by you that you have a good faith belief that use of the content or other material in the manner complained of is not authorized by the copyright owner or other owner, its agent or the law.
A statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner or other owner.
A physical or electronic signature of the copyright owner, other owner or a person authorized to act on their behalf.
Following our receipt of a takedown notice, we may publish the takedown notice to the general public or provide a copy of the takedown notice to the user that uploaded or provided the content accused to be infringing ("Accused Content"). For any takedown notice that is subject to the provisions of the DMCA, the original provider of the Accused Content may have the right to send a notice to us ("counter notice") demanding that the Accused Content be restored to the Website.
In compliance with the DMCA or other applicable law, we may implement any takedown notice by removing the Accused Content or other material from public view on the Website, and we may implement any counter notice by restoring the Accused Content or other material to public view on the Website. In either case, we shall bear no liability to you or anyone else for the posting, removal or re-posting of any Accused Content.
Independent of the DMCA and any other applicable laws or regulations, we reserve the right to remove any Accused Content at any time without prior notice, at our sole discretion, and without liability to you or anyone else. In appropriate circumstances, we will also terminate a registered user's account if we determine the registered user to be a repeat infringer. Our designated copyright agent for sending takedown notices and counter notices is:
Madefor, LLC, 9100 Wilshire Blvd. 1000W Beverly Hills, CA 90212
We are not responsible to you for anything that we may otherwise be responsible for if it is the result of events beyond our reasonable control, including without limitation acts of God, war, riots, terrorism, strikes, labor shortages, fire, extreme weather, embargoes, postal disruption, communication disruption, failure or shortage of infrastructure or shortage of materials.
Your Comments, Questions and Concerns
The Site is operated by Madefor, LLC, located at 9100 Wilshire Blvd. 1000W Beverly Hills, CA 90212.
All feedback, comments, and other communications relating to the Site, the Service or the Madefor Terms should be directed to: firstname.lastname@example.org.