Terms of service
Madicaza Terms of Service
These terms of service govern the use of the website www.madicaza.com, operated by Madicaza - MD E-COMMERCE LLC . Please read these Terms carefully before using the Site.
By accessing or using the Site, you agree to comply with these Terms. If you do not agree with any part of the terms, you must not access the Site.
Content
All content on the Site is for informational purposes only. We strive to provide accurate and up-to-date information, but we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose. Any reliance you place on such information is strictly at your own risk.
Use of the Site
Use of this Site is subject to the following restrictions:
You agree to use the Site only for lawful purposes and in accordance with these Terms.
You agree not to use the Site in any way that could damage, disable, overburden, or impair the Site or interfere with any third party's use and enjoyment of the Site.
You agree not to attempt to gain unauthorized access to restricted parts of the Site or to other accounts, computer systems, or networks connected to the Site, whether through hacking, password mining, or any other means.
We reserve the right to terminate or restrict your access to the Site for any reason, including violation of these Terms.
Changes to the Terms
We reserve the right to modify these Terms at any time. Changes will take effect immediately upon being posted on the Site. By continuing to access or use the Site after such changes, you agree to be bound by the revised Terms.
SMS
By consenting to MADICAZA's SMS marketing at checkout and initiating a purchase or subscribing through our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned cart reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent by us or use the unsubscribe link we provide in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your mobile service provider. Message and data rates may apply.
For any questions, please text HELP to the number from which you received the messages. You may also contact us at https://madicaza.com/pages/contact for more information.
We reserve the right to change any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any message you send to a telephone number or short code we have changed, including any STOP or HELP request, may not be received, and we will not be responsible for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for any failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or the Service.
Your right to privacy is important to us. You may consult our Privacy Policy https://madicaza.com/policies/privacy-policy to determine how we collect and use your personal information.
Arbitration Agreement and Class Action Waiver:
Arbitration:
By using or purchasing products or services from MADICAZA, you agree that any controversy, claim, action, or dispute between you and MADICAZA arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of the MADICAZA website or the services or materials; or (c) any alleged violation of any federal, state, or local law, statute, or ordinance (each such controversy or claim, a "Claim"), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in [County, State, USA], but the parties may choose whether to appear in person, by telephone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act ("FAA") and by the internal laws of the [State], without regard to conflicts of law principles. Any dispute in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines that the FAA does not apply, New York law governing arbitration agreements shall apply. All disputes regarding whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void, or voidable shall be determined exclusively by an arbitrator, and not by any court.
Arbitration Opt-Out:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt out of these arbitration procedures within 30 days from the date you first purchased any of MADICAZA's products or services (the "Opt-Out Deadline"). You may opt out by sending written notice to [insert address]. Your written notice must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt out will have no adverse effect on your relationship with MADICAZA. You are responsible for ensuring that MADICAZA receives your opt-out notice, and you may therefore wish to send the notice by a means that provides a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid, and you must pursue your Claim in arbitration.
Class Action Waiver:
You and MADICAZA agree that you may bring or participate in Claims against MADICAZA only in your individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and MADICAZA agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Contact
If you have any questions about these Terms, contact us at madicaza@madicaza.com