Welcome to our website, madisontyler.shop! By accessing or using our website, you agree to be bound by these Terms & Conditions and our Privacy Policy. Please read them carefully.
1. Acceptance of Terms
By accessing, browsing or otherwise using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions and our Privacy Policy. If you do not agree, please do not use this website. These Terms & Conditions may be modified from time to time at our sole discretion. Your continued use of our website following any such changes means you accept those changes.
2. Intellectual Property
The content of our website, including text, graphics, logos, button icons, images, audio clips, product names, digital downloads, data compilations and software is the property of Madison Tyler® or its content suppliers and is protected by United States and international copyright and trademark laws. All website content is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our express written consent.
3. Website Use
We grant you a limited, revocable, non-exclusive license to access and make personal use of our website. You may not use any meta tags or any other hidden text utilizing our name, trademarks, URLs or product names without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) without our express written consent. You may not use any of our trademarks as metatags on other websites. You may not use data mining, robots, screen scraping or similar data gathering and extraction tools on our website without our express written consent. Any unauthorized use terminates the limited license granted by us.
4. User Content
If you post, upload, input, provide or submit your personal data to us, including without limitation, your name, email address, IP address, cryptocurrency address, text, code or other information and materials, sign up to our mailing list or create an account on our website (“User Content”), you must ensure that the User Content provided by you at that or at any other time is true, accurate, up to date and complete and that any User Content you post, upload, input, provide or submit to us or via our website do not breach or infringe the intellectual property rights of any third party. We do not own, control or endorse any User Content transmitted, stored or processed via our website or sent to us and we are not responsible or liable for any User Content. You are solely responsible and liable for all of your User Content and for your use of any interactive features, links or information or content on our website, and you represent and warrant that (i) you own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licenses in these terms; (ii) your User Content will not violate any agreements or confidentiality obligations; and (iii) your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
You are entirely responsible for maintaining the confidentiality of your User Content and any of your non-public information. Furthermore, you are entirely responsible for any and all activities that occur under your account (if any). You agree to notify us immediately of any unauthorized use of your User Content, account or any other breach of security. We will not be liable for any loss or damages that you may incur as a result of someone else using your User Content or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Madison Tyler® Parties (as defined below) or another party due to someone else using your User Content or account. You may not use anyone else’s User Content or account at any time without the permission of such person or entity.
By posting, uploading, inputting, providing or submitting your User Content to us, you grant Madison Tyler® and its affiliates, licensees and successors, an unconditional, non-exclusive, unlimited, royalty-free, fully paid-up, transferable, sublicensable, worldwide license to use, copy, display, publish, perform, transmit and distribute your User Content in any and all forms, media or distribution methods (now known or later developed).
5. Acceptable Use
As a condition of your use of our website, you warrant that you will not use our website for any purpose that is unlawful under applicable law, prohibited by these Terms & Conditions, or in any way interferes or attempts to interfere with the proper working of the website. You may not use our website in any manner that could damage, disable, overburden, block or impair any of our servers or networks. You agree not to attempt to gain unauthorized access to any parts of our website that are not intended for general public access. You shall not:
- Use any robot, spider or other automatic device or process to access, monitor or copy any pages of our website or any content without our prior express written permission;
- Use any manual process to monitor or copy any content of our website without our prior express written permission;
- Post content or communications on the website that may be fraudulent, defamatory, obscene, harassing or threatening;
- Use the website in a way that could damage, disable, overburden or impair any of our servers or networks;
- Upload or transmit (or attempt to upload or transmit) without our express written permission any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices;
- Disrupt, interfere with or inhibit any other user from using the website;
- Violate any applicable laws, regulations or ethical codes of conduct;
- Post, upload or transmit (or attempt to post, upload or transmit) any content on the website that:
- Infringes, violates or misappropriates any intellectual property rights or any other proprietary rights of anyone else (including Madison Tyler®);
- May be harmful, threatening, abusive, harassing, defamatory, vulgar, pornographic, libelous, invasive of another’s privacy or racially, ethnically or otherwise unlawful or objectionable;
- You do not have a right to transmit under any law, contractual or fiduciary relationship;
- Poses or creates a privacy or security risk to any person;
- Impersonates any other person or entity;
- Constitutes unsolicited or unauthorized advertising or promotional materials; or
- Contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information.
6. Third-Party Content and Links to Other Websites
Our website may contain third party content or links to other websites that are completely independent of Madison Tyler®. We assume no responsibility or liability for the actions, products, content and materials of all these independent third parties. The inclusion of third party content or links to other websites does not imply our endorsement, guarantee, warranty or recommendation of them. It is your sole responsibility to evaluate the content and usefulness of information obtained from other sites. Your interactions with any third party advertisers and merchants found on or via our website are solely between you and the third party, including the delivery of and payment for goods and services.
7. Purchase Terms
By placing an order for products through our website:
- You warrant that the credit card information you supply is true and complete, and you authorize us to charge the order (including taxes, shipping, handling and any other applicable charges) to the credit card provided.
- You confirm that you are at least 18 years old and are legally capable of entering into binding contracts.
- You assume full responsibility for all purchases made under your account and agree to honor all charges made by you or someone acting on your behalf, whether or not authorized by you.
- You release us and our affiliates from any damages resulting from any unauthorized purchases.
All descriptions, photos, pricing, options and colors of products on this website are provided “as is” and without warranties as to accuracy. We have made every effort to display colors and images of our products that reasonably represent their appearance. However, the actual colors and textures that you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors and details.
8. Accuracy & Availability of Products
We work hard to accurately describe and display products on our website. However, we do not warrant that the product descriptions, colors, pricing, promotions, offers or other content available on our website are complete, reliable, current, accurate or error-free. We reserve the right to correct any errors, inaccuracies or omissions (including after an order is submitted) and to change or update information or cancel orders if any information on our website is inaccurate. We cannot guarantee the availability of any products. All inventory items are subject to prior sale. We reserve the right to limit quantities available for purchase.
9. Shipping Policy
We will arrange for shipment of any products purchased on this website to you at the shipping address provided by you during the checkout process. Shipping schedules depend on the shipping method selected by you during the checkout process. We may ship items separately if needed. You authorize the shipment of all products purchased by you on this website based on the shipping information and method selected during checkout.
All stated delivery times are estimates only, and we will not be liable for any failure to meet estimated delivery dates/times. No refunds will be provided if a delivery is late. Expedited shipping options do not alter product preparation times. Tracking information may not be provided for expedited shipping options. We reserve the right to mark orders as completed after 3 business days, regardless of shipping method selection. Please contact us if you have not received your shipment within 7 business days of your order.
Title and risk of loss for shipments shall pass to you upon our transfer of the products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
10. Returns Policy
We want you to be fully satisfied with your purchase! Items can be returned in their original condition within 30 days of delivery for a full refund of the item purchase price, minus shipping and handling fees. Any applicable sales tax will be refunded. Please allow up to 7 days from our receipt of your return for your account refund to be processed.
To be eligible for a return, items must be unused and in the same condition as received. All packaging materials, manuals, documentation and accessories must be included. All returned items are subject to inspection before any refunds are issued. We reserve the right to not accept returns for any reason. Custom and personalized orders are non-refundable.
The customer is responsible for return shipping costs except in cases of our shipping error. Shipping charges will not be refunded. Please allow 5-7 business days for your return to be received and processed once delivered to our returns facility. We cannot guarantee or offer any type of expedited processing or refunds for returned items.
11. Payment Terms
We accept payment by credit and debit card only. We accept Visa, Mastercard, American Express and Discover cards. No COD orders will be accepted. You represent and warrant that if you are purchasing products from us with a credit card, the credit card is yours and you are authorized to use it, that all information you supply to us to process the payment is true and correct, and that you will pay all charges incurred by you or any users of your credit card or account.
We reserve the right to place any account on hold, terminate any account or cancel any order or any pending/future orders from customers with a history of fraudulent credit card use or any other misuse of payment methods. We also reserve the right to collect any past due fees accrued through an account’s misuse before reactivating, reinstating or reopening any account.
12. Pricing and Sales Tax
All product and service prices, promotions and offers are subject to change without notice. We reserve the right to discontinue or limit the quantity of any products or services offered on our website. Typos and errors are subject to correction at any time without notice.
Applicable sales taxes will be added to your order at checkout where required by law. Claims of sales tax exemption will not be processed after you have placed your order.
13. Disclaimer of Warranties
THE WEBSITE AND ITS CONTENT ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT OR TITLE ARE MADE OR GIVEN BY US. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE WEBSITE OR ANY OF ITS CONTENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE. WE ALSO MAKE NO WARRANTY OR REPRESENTATION AND GIVE NO CONDITION THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE WEBSITE AND ITS CONTENT ARE FREE OF VIRUSES AND OTHER HARMFUL CONDITIONS OR COMPONENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR EQUIPMENT OR SOFTWARE.
YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL CONSUMER LAWS WHICH THIS AGREEMENT CANNOT CHANGE.
14. Limitation of Liability
WE EXCLUDE ALL LIABILITY FOR LOSS OR DAMAGE ARISING OUT OF YOUR USE OF OUR WEBSITE OR ITS CONTENT TO THE FULLEST EXTENT ALLOWED BY LAW. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF USE, REVENUE, PROFIT OR DATA, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STATUTE OR OTHERWISE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING.
YOU AGREE THAT IN ANY EVENT, OUR MAXIMUM LIABILITY FOR ALL CLAIMS UNDER THESE TERMS WILL BE LIMITED TO $100.00 USD IN THE AGGREGATE. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT INCREASE THIS OVERALL LIMIT. YOU ALSO AGREE THAT ANY CAUSE OF ACTION BY YOU MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES OR YOU WAIVE THE RIGHT TO PURSUE THAT CLAIM.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES AND EXPENSES, INCLUDING LEGAL FEES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO AND USE OF THE WEBSITE AND ITS CONTENT, AND/OR ANY BREACH OF THESE TERMS BY YOU.
15. Termination
We reserve the right, without notice and in our sole discretion, to terminate or restrict your use of our website and to block or prevent future access to and use of the website (a) if you violate any of these Terms & Conditions, (b) for any other reason, or (c) for no reason. Upon any such termination or suspension, you must immediately discontinue use of the website and destroy all copies of any aspect of the website, including any of our content. We reserve the right to revoke discounts, promotions or offers not already applied to your order in the event of termination. Further, you agree that we shall not be liable to you or any third party for any suspension or termination of your access to our website.
16. Governing Law
These Terms & Conditions shall be governed by the laws of the United States and the State of Tennessee without regard to conflict of laws principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms & Conditions shall be in an appropriate state or federal court located in Nashville, Tennessee, and you hereby irrevocably consent to the jurisdiction of such courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
17. Severability
If any provision of these Terms & Conditions is deemed unlawful, void or unenforceable, that provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions.
18. No Waiver
The failure by us to exercise or enforce any rights or provisions of these Terms & Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms & Conditions by us must be made in writing and signed by an authorized representative of Madison Tyler®.
19. Contact Us
If you have any questions about these Terms & Conditions, please contact us at:
Madison Tyler®
1201 Oak Street
Nashville, TN 55555
Email: [email protected]
These Terms & Conditions were last updated on March 1, 2023.