Terms & Conditions

Last Updated February 17, 2021

Acceptance of the Terms of Service

These terms and conditions (“Terms of Service”) apply to your use of the website www.madisonsavile.com, offered by its owners Madison Savile Inc. and its affiliates (“Madison / Savile”) including its tools, information, online store, products, services and content (“Services”) including any terms referenced by the hyperlinks (“website” or “site”).

By accessing or using any part of the website or purchasing something from us, you engage in our Service and agree to be bound by these Terms of Service. If you do not agree to 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. Please read these Terms of Service carefully before accessing or using our website.

Throughout the website, the terms “we”, “us” and “our” refer to Madison / Savile. Madison / Savile is the offeror of this website, and your use of this website is conditional upon acceptance of all terms, conditions, policies and notices in these Terms of Service. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.

Changes to the Terms of Service

We may update these Terms of Service or the website from time to time by posting revisions and updates with the last updated date stated at the start of these Terms of Service. We encourage you to check this page periodically to take notice of these updates. Your continued use of our website means that you accept and agree to the most current version of our Terms of Service.

Privacy Notice

Please review our Privacy Policy at applicable to our policies and practices on use, collection, disclosure, or transfer of your information collected through the use of our site (“Privacy Policy”). When you use our site, as a user, you agree to our policies and practices as stated in the Privacy Policy.

Social Features

When you choose to use the social features of our site, you allow us to receive information about you from social networks. If you choose to use one of our social features, you may be asked to log into a social network through our web site. The social network may then provide us with information about you and your connections. The terms of use and privacy policies of these social network sites would govern their use of your information and your interactions with these sites.

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; ACCEPTABLE USE TERMS

By agreeing to these Terms of Service, you represent that you are at least of the age of majority in your state, country, or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You shall not use our Services for any illegal or unauthorized purpose or use of our Service for violating any laws (including any copyright, trademark, and intellectual property laws).

You must not transmit any worms, viruses or any code of destructive nature.

A breach or violation of any of these Terms will result in an immediate termination of your Services without prejudice to other legal rights we have.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content and information (except the 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 express written permission from us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The information made available on this site may not be accurate, complete or current. The material on this site is provided “as is” 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. This site may contain historical information, which may necessarily not be current and is provided for your reference only. Any reliance on the material on this site is at your own risk.

We reserve the right to modify and update the information this site at any time, with no obligation to do so and provide updates to its users. You agree that it is your responsibility to check this page periodically to take notice of these updates.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products or Services are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

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 Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our products and Services that appear at our online 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 pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product or Service at any time. Any offer for any product or Service made on this site is void where such offer is prohibited.

We do not warrant that the quality of any Service or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household 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.

For more detail, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to certain third-party tools that are not monitored by us and have no control over their content or input. Your use of these tools are optional.

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 these 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 agree to the terms, conditions, policies and practices that govern the use of such tools provided by the relevant third-party providers. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transactions.

We may also, in the future, offer new products and Services and features through the website (including, the release of new tools and resources). Such new features and 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. We are not responsible for examining or evaluating the contents 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 using any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), without a request from us, 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 are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any rights 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

Your submission of personal information through our online store is governed by our Privacy Policy. Please visit our Privacy Policy to view the terms and conditions of our Privacy Policy.

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 our 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 our products or Service will be accurate or reliable. You agree that from time to time we may remove the products or 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 is at your sole risk. all products and services delivered to you through the Service 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.

In no case shall Madison / Savile, 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, 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 or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LOSS OR DAMAGE ARISING FROM USE OF OUR WEB SITE SHALL BE LIMITED TO THE VALUE YOU PAID TO US, IF ANY.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by the applicable law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Madison / Savile and our parent, 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 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, and such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

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 may terminate this agreement at any time without notice and you will remain liable for all amounts due and liabilities incurred up to and including the date of termination. Accordingly, we may deny you access to our Services or any part thereof including this web site.

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 posted by us on this site applicable to the Service constitutes the entire agreement and understanding between you and us and shall govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

You agree that any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements, if any, whereby we provide you our Services shall be governed by and construed in accordance with the laws of the State of Washington, United States, without giving effect to any choice or conflict of law rule. Any legal suit, action, or proceeding arising out of, or related to, a claim shall be instituted exclusively in the courts of Washington, located in King County. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

SECTION 19 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at legal@madisonsavile.com.

SECTION 20 - Intellectual Property

Please be aware as you visit, use, and navigate this site your use of our site is subject to applicable laws governing ownership and use of intellectual property, including our trademarks, copyrights, patents, and trade secrets.

The Service, content, features, functionality, logos, and the materials featured in our web site including design, text, images, photographs, illustrations, user interfaces, audio and video material, artwork, graphic material, databases, sequence and 'look and feel' and arrangement of content, and legally protectable elements of this site such as trademarks, domain names, brand names and artistic works and properties are properly protected by international treaties and applicable intellectual property rights in favor of Madison / Savile, its suppliers or its respective authors or licensors.

You are permitted to use the information on our web site for your personal, non-commercial use or for legitimate business purposes related to your role as a current or prospective user of our Services or a customer according to the guidelines provided by us to you from time to time. Except as provided in these Terms of Service, you must not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material on this site or delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the site. You must not reproduce, sell, or exploit any part of the content of our web site for commercial purposes.

For International Website Users: The website is hosted in the United States and is intended for and directed to the users in the United States. By using this website you are subjecting yourself to the laws and jurisdiction of the United States.

Trademarks

You may not use any of the Madison / Savile trademarks or trade dress without our prior written permission from us. Trademarks or trade dress include the Madison / Savile name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of Madison / Savile relating to the products, Services, and programs. Any other trademarks that appear on our website are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.

Copyright

All text, graphics, photographs, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the website, including any related emails and marketing materials, as well as the software used to create them, are owned or licensed by Madison / Savile and are protected by U.S. and foreign copyright laws. You may electronically copy or print “hard copies” from the website solely for personal, non-commercial purposes related to placing an order or shopping on the website. Any other use of any content included on the website, including linking or framing to this website, are strictly prohibited unless you first obtain our prior written consent.

Claims of Copyright Infringement

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Madison / Savile has adopted a policy of respecting the intellectual property of others, whether or not there is any repeat infringement.

If you believe that your work has been used on our web properties in a way that constitutes copyright infringement, please submit a Notice of Alleged Infringement (“DMCA Notice”) to our Designated Copyright Agent as follows:

Legal Department

Madison Savile Inc.

815 1^st Ave #89, Seattle Wa 98104

Email: legal@madisonsavile.com

Please note that under 17 U.S.C. 512(f), if you knowingly misrepresent that certain material or activity on our web properties is infringing, you may be liable for damages, including costs and attorneys’ fees, incurred by us or our users. If you are unsure whether the material or activity you are reporting is infringing, you may wish to contact an attorney before filing a notification.

How to Contact Us

If you have any questions or comments about this Terms of Service, please contact us. All feedback, comments, and other communications relating to the web properties should be directed to: legal@madisonsavile.com.

Permissions

All requests to use and reproduce content published on our web properties should be directed to: legal@madisonsavile.com.

Madison Savile ™, Madison Savile ® and the applicable logos are trademarks or registered trademarks of Madison Savile Inc. in the United States and else where. All other brands or product names are the trademarks, copyrights, or other intellectual properties of their respective owners.