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Store Policy

Terms and Conditions

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Last Updated: 6/15/2022

1. Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, weather personally or on behalf of an entity ("you") and Madi Shay, ("Company", "we", "us", or "our"), concerning your access to and use of the Madishay.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUSE USE IMMEDIATELY.

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Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use the Site so that you understand which terms apply. You will be subject to, and will be deemed to have been made aware of and have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. 

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The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

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The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the Site. 

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2. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site Content and the Marks. 

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3. User Representations

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, and accurate, current, and complete; (2) you will maintain the accuracy of such information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, weather through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current of future use of the Site (or any portion thereof).

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4. User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. 

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5. Products

We make every effort to display as accurately as possible the colors, features, specification, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we can not guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change at any time. 

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6.Purchases and Payment

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transaction and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. ALL PAYMENTS SHALL BE IN US DOLLARS.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. 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 payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, retailers, or distributors. 

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7. Return Policy

ALL SALES ARE FINAL AND NO REFUND WILL BE ISSUED.

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8. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. 

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As a user of the Site, you agree not to:

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  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, directory without written permission from us.

  • Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site and/or the Content contained therein. 

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

  • Use any information obtained from the Site in order to harass, abuse, or harm another person.

  • Make improper use of our support service or submit false reports of abuse or misconduct. 

  • Use the Site in a manner inconsistent with any applicable laws or regulations. 

  • Attempt to impersonate another user or person or use the username of another user.

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

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11. Site Management 

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitations, refuse, restrict access to, limit the availability of or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in anyway burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site. 

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12. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our privacy policy, which is incorporated into these Terms of Use. Please be advised the Site are hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. 

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13. Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISIONOF THE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON, INCLUDING WITHOUT LIMITATIONS FOR BREACH OF ANY REPRESENTATION, WARRANTY,  OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate your account for any reason, you are prohibited from registering and creating a new account under your name, fake name, or the name of a third party, even if you may be acting on the behalf of the third party. in addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

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14. Modification and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of our Site with out notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to preform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

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15. Governing Law

These terms shall be governed by and defined following the laws of  The State of Texas. Madi Shay and yourself irrevocably consent that the courts of McLennan County, Tx have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

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16. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "party" and collectively, the "parties"), the parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 45 days before arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. 

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18. Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS AVAILABLE BASIS. YOU AGREE THAT USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEROF, INCLUDING, WITHOUT LIMITATIONS, THE MPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRENGMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITE LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIAL, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THIS SITE OR ANY PRODUCT SOLD ON THIS SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, AND INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIOND IN ANY CONTENT AND MATERIAL OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRENT, ENDORS, GUARANTEE, OR ASSUME RESPONDIBILITY FOR ANY THIRD PARTY PRODUCTS OR PAYMENTS. 

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19. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

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20. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS, INCLUDING OUR SUBSIDIARIES, AFFILIATES, AND ALL OUR RESPECTIVE OFFICERS, AGENTS, PARTNERS, AND EMPLOYEES, FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, CLAIM, OR DEMAND INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF USE OF THIS SITE, BREACH OF THESE TERMS OF USE. 

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21. User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. 

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22. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on Site, satisfy any legal requirement that such communications be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OF COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statues, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature of delivery or retention of non-electronic records, or to payments or the granting of credits by any means than electronic means.

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25. Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, Please contact us at: Madishay2021@yahoo.com 

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