Terms & Conditions of Use
Welcome to voilamacadam.com, the website of Macadam® (the “Site”). By visiting the Site, you accept and consent to be bound by these Terms and Conditions. We reserve the right to amend these Terms and Conditions without notice to you and effective immediately. These Terms and Conditions are subject to our Privacy Policy which is available here: Macadam® Privacy Policy. These Terms and Conditions were last updated February 12, 2021.
PLEASE NOTE, that this site is hosted by Shopify Inc (“Shopify”), which allows us to offer our products for sale and which processes your purchases. By visiting and using this Site, you also accept and consent to Shopify’s terms and conditions.
For information and terms concerning orders, shipping, returns and exchanges, please see:
Registration
You may be required to register and create an account to access certain content, services, or products on the Site. By registering an account on the Site, you represent that you are at least 18 years of age or that you have the permission of a parent or other legal guardian. As part of the registration process, you will be asked to select a username and password and to provide certain information about yourself. Do not give your account information, including your password, to anyone. For further information or to cancel your account, please email us.
Proprietary Rights to Content
All content, design, text, images, names, likenesses, graphics, photographs, artwork, formats, code and software, technical drawings, configurations, audio and video files, interactive features and other material and files (collectively, “Content”) used on or incorporated into this Site, and the selection, coordination, arrangement and organization of all such Content, are either registered trademarks, trademarks, trade names, service marks, copyrights or otherwise protected property of Macadam®, or used under license or otherwise, and all rights thereto are specifically reserved. The Content may not be used, copied, published, broadcast, distributed, reproduced or transmitted without our prior written consent or as set forth in these Terms and Conditions.
Restrictions on Use
Except as expressly permitted, you agree not to use the Site for any commercial purposes, and you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content, except as set forth in these Terms and Conditions. You agree that you will not use the Site to provide information that is incomplete, false, or inaccurate; engage in criminal activity or otherwise give rise to conduct that may violate any local, national, or international laws; attempt to interfere in any way with the Site or the Site’s security or to use the Site’s service to gain unauthorized access to any other computer system. You also agree that your violation of these Terms and Conditions may result in suspension or termination of your account and your ability to use the Site or any products or services on the Site. If we suspect that you have violated the Site’s Terms and Conditions, or that the Site has been implicated in illegal activity, we reserve the right, at our sole discretion, to report such activity to the appropriate authorities.
Disclaimer and Limitation of Liability
Macadam® is not responsible for any errors or omissions in the Site or in the Content. Macadam is not responsible for, and does not guarantee, the accuracy or completeness of any Content on the Site, its products, data, services, links, advertisements or other items contained within the Site. Any Content downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk, and you are solely responsible for any damage that may result. You agree that you must evaluate and bear all risks associated with the use of Content and that you may not rely on such Content. We reserve the right to make corrections and changes to the Site without notice.
This Site, the Content, our services, products, information, and other materials on and made available through the site are made available “as is” and “with all faults.” Use of the site is entirely at your own risk. We make no representations or warranties, and disclaim all representations and warranties, with respect to the Site, the Content, our services, products, data, and other materials on and made available through the Site, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness of a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement.
Limitation of Liability
In no event shall Macadam®, its principals, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, successors, or licensors be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may result from the use of, access to, or inability to use the Site, Content, or our services, products, data, and other materials on and made available through the Site. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
Indemnification
You hereby agree to indemnify, defend and hold harmless, Macadam®, its principals, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, successors, or licensors, from and against any and all claims actions or demands, liabilities, losses, expenses, damages and costs, including without limitation reasonable legal and accounting fees, arising from, related to, or in connection with, your use of the Site, your violation these Terms and Conditions or of any law, or the posting or transmission of any Content on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party proprietary right.
Internet Security
Macadam® uses reasonable efforts to ensure that the Site is generally available, but we shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices, and therefore we cannot guarantee the confidentiality of such information. Credit card information is always encrypted during transfer over networks or devices. For further information, see our Privacy Policy at Macadam® Privacy Policy
Governing Law and Limitation of Actions
The terms of this Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of law rules, and you and we irrevocably consent, in connection with any action to enforce this Agreement or arising out of your use of the Site, to the jurisdiction of the federal and state courts located in New York County, the State of New York. No action arising out of this Agreement, regardless of form, may be brought by a user more than one (1) year after the cause of action has arisen.
Miscellaneous
These Terms and Conditions, our Privacy Policy, and any applicable provisions of Shopify’s Terms and Conditions and Privacy Policy, set forth the entire agreement between the parties relating to the use of the Site. If any provision of these Terms and Conditions is held to be unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The waiver or failure of Macadam to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. You agree that these Terms and Conditions and all incorporated agreements may be automatically assigned by Macadam®, in its sole discretion, to a third party in the event of a merger or acquisition or change of corporate control.
Contact Us
Macadam® is a trade name of Orangette, LLC. Questions about these Terms and Conditions and our Privacy Policy, or to report any violation of proprietary or other rights arising from the Site or its Content, should be sent to info@voilamacadam.com .