Site User Terms and Conditions
We appreciate your interest in Maddie G Designs LLC (which includes both Maddie G Designs and Shop Maddie G) and welcome you as a guest to this website. This website – http://maddiegdesigns.com (the “Site”) is being made available to you free-of-charge. The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Site. The terms “Maddie G Designs,” “Shop Maddie G.” “MGD,” “we,” “us,” and “our” refer to Maddie G Designs LLC. We reserve the right to revise these Terms and Conditions from time to time as we see fit. As such, you should check these Terms and Conditions periodically. If you violate any of the terms of these Terms and Conditions you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Site. Your accessing, viewing, browsing and/or using the Site after we post changes to these Terms and Conditions constitutes acceptance and agreement to those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms and Conditions were last updated.
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of MGD. The collective work includes any works that are licensed to MGD. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of using the services of, or placing an order with, MGD. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order for products or services through MGD. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by MGD. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
MADDIE G DESIGNS and other marks which may or may not be designated on the Site by a “™” “®” “SM” or other similar designation, are registered, pending or unregistered trademarks or service marks of MGD. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of MGD. MGD’s trademarks and trade dress may not be used in connection with any product or service that is not MGD’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MGD. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MGD.
We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only and you access them at your risk. Unless otherwise noted, any other website accessed from the Site is independent from us, and we have no control over the content of that other website. In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website.
The views and opinions of the authors of content published at the MGD website do not necessarily state or reflect the opinion of MGD, and are not to be used for advertising or product endorsement purposes. References to books, software, websites, or products as “recommended by Maddie G Designs” are specific suggestions only and do not necessarily constitute or imply an endorsement. In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party product or service provided by a third party.
Disclaimers and Limitations of Liability
This site is provided on an “AS IS,” “as available” basis. MGD does not represent or warrant that use of the Site will be uninterrupted or error-free. MGD does not represent or warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered on the Site. Further, MGD specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by MGD shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
Under no circumstances shall MGD be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to MGD records, programs or services. The foregoing limitation of liability shall apply whether in an action of law, including but not limited to contract, negligence, or other tortious action; or in action in equity, even if an authorized representative of MGD has been advised of or should have knowledge of the possibility of such damage.
In the event that a MGD product is mistakenly listed or quoted at an incorrect price, MGD reserves the right to refuse or cancel any orders placed for products listed or quoted at an incorrect price. MGD reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged or payment has been made. If your credit card has already been charged for the purchase and your order is canceled, MGD shall issue a credit to your credit card account, or refund by check, in the amount of the incorrect price.
You hereby acknowledge that these paragraphs shall apply to all Content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by state.
You agree to defend, indemnify, and hold harmless MGD from any and all liabilities, costs, and expenses, including attorneys’ fees, arising from or related to your use of this website.
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you, we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of MGD, our users and customers and/or you.
We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any rights of MGD or any third party. Notwithstanding the foregoing, MGD cannot ensure prompt removal of questionable Content after online posting. Accordingly, MGD does not assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.
Termination of Usage
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in the violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users or MGD. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
Applicable Law; Disputes
If you access this Site from anywhere in the United States or Canada, you agree that the laws of the State of Texas, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and MGD. Further, you agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of MGD services or use of the MGD buying service) shall be in the state or federal courts located in Dallas, Texas.
Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of MGD services or products through the MGD buying service) must be commenced within one (1) year after the claim or cause of action arises. MGD’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. MGD may assign its rights and duties under this Agreement to any party at any time without notice to you.
Site Policies, Modification and Severability
Please review our other policies, such as our Returns Policy and Shipping & Delivery Policy, all of which are incorporated herein by this reference and are posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
These Terms and Conditions were last revised and made effective as of November 18, 2009.