Retail Policy / Terms of Use
Site Use & Purchase Overview
Thank you for exploring the madisonpearls.com website. These Terms of Use govern
your use and access to this site. We may change, update, delete or add to these
terms over time. By accessing and using this site, you agree to these Terms of Use,
all policies within this site (including our return policy), and all changes or
modifications to the foregoing. If you do not agree to these Terms of Use, such
policies, or any modifications thereto, please do not use this site.
Privacy Policy Statement
We respect the privacy of our customers and encourage you to read our Privacy Policy
Statement so that you may make an informed decision about using our site.
Copyright
All copyrighted and copyrightable materials on this Site, including, without limitation,
the design, text, technical documentation, manuals, product information, graphics,
images, pictures, sound files and other files, and the selection and arrangement
("Materials") thereof are ALL RIGHTS RESERVED Copyright © 2010 Madison Pearls, Inc.
and/or its licensors. You are granted a limited, non-sublicensable right to access
this site and print the Materials for your personal, non-commercial, and informational
use only. The foregoing license grant does NOT include the right for you to:
a.publish, publicly perform or display, or distribute to any third party any Materials,
including reproduction on any computer network or broadcast or publications media;
b.market, sell or make commercial use of this site or any Materials;
c.systematically collect and use of any data or content including the use of any
data spiders, robots, or similar data gathering, mining or extraction methods;
d.make derivative uses of this site or the Materials; or
e.use, frame or utilize framing techniques to enclose any portion of this site (including
the images found at this site or any text or the layout/design of any page or form
contained on a page). Except for the limited license granted to you, you are not
conveyed any other right or license by implication, estoppel, or otherwise in or
under any patent, trademark, copyright, or proprietary right of Madison Pearls or
any third party. Any unauthorized use of this Site will terminate the permission
or license granted by these Terms of Use and may violate applicable law including
copyright laws, trademark laws (including trade dress), and communications regulations
and statutes.
Trademarks
Madison Pearls, madisonpearls.com, the Madison Pearls logo, and any proprietary
product or service names contained in this site are either trademarks or registered
trademarks of madisonpearls.com or its licensors, and may not be copied, imitated
or used, in whole or in part, without the prior written permission of Madison Pearls.
In addition, all page headers, custom graphics, button icons and scripts are service
marks, trademarks and/or trade dress of Madison Pearls, and may not be copied, imitated
or used, in whole or in part, without the prior written permission of Madison Pearls.
All other trademarks, registered trademarks, product names and company names or
logos mentioned herein are the property of their respective owners.
Customer Communications
We welcome your comments and feedback. All communications and comments submitted
to madisonpearls.com are non-confidential. Madison Pearls reserves the right to
use any ideas, concepts, comments, techniques, visuals, suggestions or communications.
All comments, feedback, suggestions and submissions shall be and remain Madison
Pearls property.
Product Availability
Many of the products displayed at madisonpearls.com are custom designs and specialty
products aquired from all over the world. While we strive to ensure our inventory
is up to date, it is possible that your purchase may not ship immediately due to
the availability of the product. We will personally work with you to resolve your
order if this issue should arise.
Accuracy
Though we strive for accuracy, occasionally, the information at madisonpearls.com
may contain typographical errors, inaccuracies, or omissions in relation to product
descriptions, pricing and availability. We apologize for such oversights. We reserve
the right to correct any errors, inaccuracies or omissions and to change or update
information at any time without prior notice (including after you have submitted
an order). In the event of a pricing error on an item you have ordered, we will
notify you and await your approval of the corrected price before continuing with
your order. We hope this will not cause you undue inconvenience.
Due to special promotions and sales, items in your shopping cart may have a different
price from the price displayed on the product page when it was first placed in your
cart.
Please note that because the colors you see will depend on your monitor, we cannot
guarantee that your monitor will display the exact color of an item displayed.
Links to Other Sites
Periodically, links may be established from this site to one or more external sites
or resources operated by third parties ("Third Party Sites"). These links are provided
for your convenience only and the inclusion of any link does not imply affiliation,
endorsement, or adoption by us of the site or any information contained therein.
In addition, some Third Party Sites also may provide links to the Madison Pearls
site. None of such links should be deemed to imply that Madison Pearls endorses
the Third Party Sites or any content therein. Madison Pearls does not control and
is not responsible or liable for any Third Party Sites or any content, advertising,
products, or other materials on or available from such Third Party Sites. When leaving
this site, you should be aware that our terms and policies no longer govern, and,
therefore, you should review the applicable terms and policies, including privacy
and data gathering practices, of that site.
SITE DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS
AT YOUR SOLE RISK. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS
RELATING TO PRICING, TEXT OR PHOTOGRAPHY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MADISON PEARLS OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES
BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES
OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO
NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS
SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE
BY YOU ON ANY INFORMATION OBTAINED FROM MADISON PEARLS, OR THAT RESULTS FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERROR, DEFECTS, VIRUSES, DELAYS
IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MADISON PEARLS (WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT
LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE
OF THIS SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MADISON PEARLS FOR ACCESS
TO OR USE OF THIS SITE.
Changes and Modifications
We reserve the right to change or modify any of the terms and conditions contained
in these Terms of Use or any policy of the site, at any time and in our sole discretion.
If we decide to change our Terms of Use or a policy, we will post a new version
on our site and update the date. Any changes or modification will be effective upon
posting of the revisions. Your continued use of this site following the posting
of the changes or modifications will constitute your acceptance of such changes
or modifications. You should frequently review these Terms of Use (including its
date) and applicable policies from time-to-time to understand the terms and conditions
that apply to your use of the site.
Choice of Law and Jurisdiction
Madison Pearls controls this site from its offices within the State of Nebraska.
Madison Pearls does not imply that the materials published on this site are appropriate
for use outside of the United States. If you access this site from outside of the
United States, you do so on your own initiative and you are responsible for compliance
with local laws. The terms of this site shall be governed by the laws of the State
of Nebraska, without giving effect to its conflict of laws provisions. You agree
that any action at law or in equity arising out of or relating to these Terms of
Use shall be filed only in state or federal court located in Lincoln, Nebraska,
and you hereby irrevocably and unconditionally consent and submit to the exclusive
jurisdiction of such courts over any suit, action or proceeding arising out of these
Terms of Use.
Your Account
madisonpearls.com does not offer products for sale to children under 18. We sell
products for purchase by adults only. By using this site, you are representing to
us that you are 18 years old or older. madisonpearls.com will not be liable for
any damages that may result from misrepresentation of age by a user of our site.
Madison Pearls reserves the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in their sole discretion.
General Provisions
We reserve the right, without notice and in our sole discretion, to terminate your
ability to use this site, and to block or prevent future access to and use of the
site. If any provision of these Terms of Use shall be deemed unlawful, void, or
for any reason unenforceable, then that provision shall be deemed severable from
these terms and conditions and shall not affect the validity and enforceability
of any remaining provisions. These Terms of Use, including any applicable policy
contained in this site, constitute the entire agreement between you and Madison
Pearls relating to the subject matter addressed herein.