Terms and Conditions
Last Updated: March 27, 2026
Welcome to Madilyn James. These Madilyn James Terms of Service (“Terms of Service”) apply when you (referred to in these Terms of Service as “you” or “User”) access, use or visit the Madilyn James platform, including the Madilyn James mobile app (on any and all formats or devices) (the “App”), and the website located at https://info.madilynjames.com/ (the “Site”) provided by Madilyn James, LLC (referred to in these Terms of Service as “Madilyn James,” the “Company,” “we,” “us,” or “our”) and the services, content and other materials made available through the Site and the App (these services, content, and materials, together with the Site and the App, are referred to in these Terms of Service as the “Service”). We prepared these Terms of Service to help explain the terms that apply to your use of the Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING “ACCEPT,” REGISTERING TO USE, OR OTHERWISE ELECTING TO USE, THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. If you’re agreeing to these Terms of Service on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms of Service on that organization’s or entity’s behalf and bind them to these Terms of Service. If at any time you do not accept the terms and conditions set forth in these Terms of Service, you must immediately stop using the Service.
Notice regarding arbitration and dispute resolution: YOU AND MADILYN JAMES AGREE THAT ANY FUTURE DISPUTES BETWEEN YOU AND MADILYN JAMES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH SECTION 20. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING, AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOW THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 20 BELOW.
Table of Contents
2. Updates to these Terms of Service
4. Affirmative Representations Regarding Your Use of the Service
16. Our Intellectual Property Rights
17. Our Management of the Service; User Misconduct
18. DMCA And Intellectual Property Infringement Policy
20. Legal Disputes and Arbitration Agreement
21. Warranty Disclaimer; Limitation on Liability
23. Notice to California Users
1. Description of the Service
The Service provides a community marketplace where sellers can list and sell, and buyers can purchase, various items (“Items”). Users who purchase Items through the Service are called “Buyers”, and Users who sell Items through the Service are called “Sellers”. Users may be both Buyers and Sellers for purposes of the Service. You are solely responsible for your evaluation of, and decision to use, the Service, to buy or sell Items through the Service, or to otherwise transact any business or communications on the Service, and you acknowledge and agree that your use of the Service is at your sole risk. Except as expressly described in these Terms of Service, Madilyn James has no control over the quality, safety, or legality of any aspect of the Items listed on the Service, the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Buyers to pay for items.
2. Updates to these Terms of Service
We may change, modify or amend these Terms of Service from time to time. We will notify you of material changes to these Terms of Service by posting the amended terms on the Service at least thirty (30) days before the effective date of the changes. If you have provided us with your email address, we will notify you of material changes to these Terms of Service by sending an email to the email address you provide to us at least thirty (30) days before the effective date of the changes. It is therefore important that you ensure that your email and account information is up to date. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Service take effect. If you continue using the Service after the new Terms of Service take effect, you will be bound by the modified Terms of Service.
3. Privacy Policy
In connection with your use of the Service, please review our Privacy Policy, located at https://info.madilynjames.com/privacy-policy/ (the “Privacy Policy”), to understand how we use information we collect from you when you access, visit, or use the Service. The Privacy Policy is part of and is governed by these Terms of Service and by agreeing to these Terms of Service, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.
4. Affirmative Representations Regarding Your Use of the Service
When you use the Service, you represent that: (A) the information you submit to the Service is truthful and accurate; (B) your use of the Service and any Items you list on the Service do not and will not violate any applicable laws or regulations; and (C) you are at least eighteen years of age and otherwise have legal capacity to legally enter into these Terms of Service.
5. Registration and Accounts
5.1. User Accounts. In order to use the Service as a Buyer or a Seller, you will be required to register to use the Service and create a user account (your “User Account”). If you sign up to become a registered user of the Service, you agree: (A) to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration process (the “Registration Data”); and (B) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
5.2. User Registration. If you create a User Account on the Service, you may be required to create a user I.D. and password that will be associated with your User Account. You may only create one user I.D. that will be associated with your User Account. You may not: (A) select or use as a user I.D. a name of another person with the intent to impersonate that person; (B) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (C) use as a user I.D. a name that is otherwise offensive, vulgar or obscene. You will be responsible for maintaining the confidentiality of your user I.D. and password, and for any and all activities that occur under your User Account. We reserve the right to refuse registration of, or to cancel, a User Account, in our sole discretion.
6. Seller Policies
6.1. Seller Obligations. As a Seller, when a Buyer purchases one of your Items through the Service, you are contractually and legally bound to deliver that exact Item for the specified price. Sellers must ship available Items within three days of accepting a purchase, or with respect to custom, personalized, or subsequently produced Items, within the time period specified at the time the Buyer completed the purchase. If you do not ship your Items within the required shipping period we may cancel the order. Sellers must properly package and accurately label the Items, including in accordance with the Buyer’s mailing address requirements that are communicated to Seller, and otherwise in accordance with applicable law, industry standards, and all other terms set forth in these Terms of Service. Sellers shall be responsible for all chargebacks and damages associated with Seller’s failure to follow applicable shipping requirements. Sellers are responsible for ensuring that they are in compliance with all laws and regulations applicable to the sale of their Items through the Service. Madilyn James does not take, assume or transfer legal ownership of any Items.
6.2. Item Listing Requirements. As a Seller, you acknowledge and agree that (A) all Items you offer through the Service, and your distribution and sale of applicable Items, must be sold in compliance with all applicable laws; (B) you must be the owner of or otherwise have necessary rights in any Items that you offer for sale through the Service, free and clear of any liens or encumbrances; (C) all Items you offer through the Service must fully conform with all specifications or other descriptions that you provide in connection with each Item;(D) you must not falsify or misrepresent any Items, nor engage in any fraudulent activities with respect to the offer and sale of Items through the Service; (E) you are solely responsible for the accuracy of any information you provide with respect to each Item; and (F) you will not offer or sell any prohibited items in violation of our Prohibited Items Policy located at https://info.madilynjames.com/prohibited-listings-policy. Without limiting the foregoing requirements, all photographs you post on the Service for each Item must either be an original photograph of the applicable Item, or a stock photograph of the applicable Item if you are offering an example of an Item that either will be customized or personalized for a Buyer, or will be subsequently produced following purchase by a Buyer. In all cases, you are required to truthfully, accurately, and completely convey the quality and condition of the Items you list on the Service. Madilyn James reserves the right to modify or delete any Item listed on the Service at any time in its sole discretion.
6.3. Pricing. Sellers may determine in their discretion the prices they will charge to Buyers for Items they list on the Service. However, it is our intent at Madilyn James to build a community of Sellers and Buyers and we encourage you to price Items fairly and accurately. Price gouging is not permitted and we reserve the right to suspend or terminate Seller accounts in our discretion if we determine that a Seller is engaging in price gouging. Prior to listing an Item on the Service, Sellers may want to review listings for products that are similar to Seller’s Items to get a sense of prices that are generally being charged in the marketplace for those products.
6.4. Fees. Sellers may list Items on the Service for free. However, after an Item that is listed on the Service is sold to a Buyer, Madilyn James will deduct applicable fees from the final order price before remitting the payment for the Item to the Seller. We may also offer a subscription option pursuant to which a Seller can pay a flat monthly fee in order to pay a reduced fee at the time of sale. The fees that will apply to sales made through the Service, and any applicable subscription options and the related terms and conditions, are specified in the fee schedule located at https://info.madilynjames.com/fee-policy (the “Madilyn James Fee Policy”). Madilyn James reserves the right to change the fee schedule at any time upon thirty (30) days prior notice sent to the email associated with your Seller account; provided that any sales completed prior to the effective date of the applicable changes will be subject to the then-current fee schedule, and any subscriptions will be subject to the terms and conditions that applied at the time you signed up for the applicable subscription. Subject to the requirements of applicable law, all paid subscription fees are non-refundable. Any cancellation request will take effect at the end of the current billing cycle. Following a cancellation, unless we terminate your account for cause as stated in these Terms of Service, you will continue to have access to the Service for the remainder of the subscription term that you paid for. At its sole discretion, Madilyn James may allow Sellers to upgrade to a higher subscription plan before the end of the current billing cycle.
6.5. Payment: Payment processing and settlement for transactions conducted in connection with the Services (“Payment Services”) are facilitated by third-party payment service providers (“Third-Party PSPs”). Any payments due from or to you will be received, processed and settled via the Third-Party PSPs, which Madilyn James reserves the right to change from time to time and in its sole discretion. Madilyn James does not provide Payment Services.
6.5.1. Your access to and use of the Payment Services, is subject to terms, conditions, and policies between you and the applicable Third-Party PSPs (the “PSP Terms”).
6.5.2. Madilyn James provides technology and communication services to enable Third-Party PSPs to provide Payment Services. Those technology and communication services may include: (1) providing Third Party PSPs with payment instructions on your behalf; (2) providing you with an interface to view transactional and/or account data associated with Payment Services provided by Third-Party PSPs; and (3) any other activity necessary to enable Third-Party PSPs to provide Payment Services
6.5.3. Your Madilyn James account gives you access to an electronic ledger (“Maddie Wallet”) where you can view and track amounts owed to you in connection with your use of the Service. Any funds held by you in connection with the Maddie Wallet will be held by the Third-Party PSP. You may request
payment to your bank account by submitting a payment request through your Maddie Wallet. Your request will be processed by the Third-Party PSP. Otherwise, Madilyn James will submit the payment request on your behalf on a periodic basis, as set forth in the Madilyn James Fee Policy.
6.5.4. You acknowledge and agree that Madilyn James will not be liable to you for any losses suffered as a result of any breach or default by Third-Party PSPs under the PSP Terms or any other agreement that you enter into with Third-Party PSPs with respect to the Payment Services or otherwise.
6.5.5. Unless otherwise agreed by Madilyn James in writing, you acknowledge and agree that you are solely responsible for all fees, costs, and expenses charged by your financial institution, any amounts owed as a result of taxes, chargebacks, refunds, overpayments, payment errors, payment network fines, undelivered goods or services, and other amounts, associated with your participation in the Services or use of Payment Services.
6.5.6. Notwithstanding anything to the contrary contained in these Terms of Service, if Madilyn James, in its sole discretion, believes that any fraud, money laundering, or other violation of law or regulation or violation of these Terms of Service is taking place on or in connection with our Site or your use of the Services, you acknowledge and agree that we may withhold, delay, or seek repayment of any payments we believe, in our sole discretion, are related to the violation.
6.5.7. Payments via the Third-Party PSPs are in U.S. dollars unless the Third-Party PSPs permits you to choose another currency and you do so.
7. Buyer Policies
7.1. Buyer Obligations. By using the Service as a Buyer, you acknowledge and agree that: (A) you are solely responsible for reading the full Item listing before purchasing an Item; (B) when you submit an offer to purchase an Item and the applicable Seller accepts your offer, you enter into a legally binding contract with the applicable Seller to purchase the applicable Item in accordance with the terms offered by the Seller; and (C) your purchases through the Service are transactions between you and the applicable Seller and not with Madilyn James or any of our affiliates.
7.2. Pricing; Item Descriptions; Availability. Prices for Items will be specified in the applicable Item listings. Because Items and Item descriptions are provided by Sellers of the applicable Items, we cannot guarantee the accuracy or timeliness of any Item listings or descriptions made available through the Service. Madilyn James does not make any representations or warranties with regard to any Items made available by Sellers through the Service, and except as expressly set forth in these Terms of Service or with respect to authenticated Items, as further described in Section 9 below, Madilyn James does not supervise, direct, control or monitor Sellers or the Items they offer through the Service, and Madilyn James expressly disclaims any responsibility and liability for any and all Items offered through the Service, including, but not limited to, any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code. Listings for Items on the Service may contain typographical errors, inaccuracies or omissions. If any information on the Service is inaccurate, we reserve the right, but do not have the obligation, to correct any errors, inaccuracies or omissions, change or update information or cancel any transactions through the Service at any time without prior notice. Please also note that the colors of Items offered on the Service may depend on the settings of your monitor or screen, and therefore the color of Items on your display may differ from the Items that you actually receive. The availability of Items offered on the Service may change at any time, without prior notice.
7.3. Returns. All sales through the Service are final sale and are not eligible for return. However, Madilyn James may allow you to return an Item or offer a refund for an Item in limited circumstances. Specifically, Buyers may open a formal return case with us by contacting us at customerservice@madilynjames.com within forty-eight hours from delivery (as determined by the tracking information related to the shipping label for the Item) if an Item does not match the listing for the Item or is missing from a delivery. Damaged Items, trades, offline transactions, Items that do not fit, or orders where the Buyer changed their mind are not subject to a refund under any circumstances. When a return case is opened, the Buyer must upload photos and provide any additional details describing the issue as requested by Madilyn James support. Madilyn James will review the case, and if the request is approved, Madilyn James will provide the Buyer with a label to return the Item to the Seller. Once the return has been delivered to the Seller, the Buyer will receive a full refund within a reasonable time period following confirmation of the return. With respect to Items that are missing from a delivery, the Buyer will receive a full refund within a reasonable time period following Madilyn James’ approval of the refund request.
7.4. Counterfeits; Fraud. If you are a Buyer and you receive an Item that you reasonably believe to be counterfeit, you must notify Madilyn James in writing within forty-eight hours after receiving the Item, and we will commence an investigation into the Item. You are required to cooperate with us in the investigation and final disposition of the Item, such as by providing photographs and any other evidence of the Item requested by Madilyn James, destroying the Item, or delivering the Item to us, at our direction. Returns of counterfeits will be processed in accordance with the returns policy described in Section 7.3. In addition, if Madilyn James believes that a User is attempting or has attempted to interfere with the free and fair operation of the Service, or creates artificial, false or misleading information, including pricing or demand for an Item offered for sale through the Service, then, without limiting any other rights of Madilyn James, Madilyn James reserves the right to take any steps it deems necessary to protect itself, its users, and the Service.
8. Shipping
As a Seller, you are responsible for arranging and paying for shipping and handling for all Items you sell through the Service in accordance with the shipping and handling terms agreed to between you and the applicable Buyer with respect to an applicable Item. As a Buyer, unless you request authentication services as described in Section 9 below, all orders are shipped directly to you by the Seller or its authorized agent. If your order includes Items from multiple Sellers on the Service, Items from each Seller will ship as separate shipments.
9. Authentication Services
We seek to ensure that the Items you purchase through the Service are authentic and as described. For Items with a purchase price of $1,000 USD or more, or for any Item with respect to which a Buyer requests and pays for authentication services by submitting an authentication request through the Service, the Seller will ship the Item to us and Madilyn James or Madilyn James’ designated third-party service provider will verify the Item and use commercially reasonable efforts to confirm that it is authentic. The Seller may not opt-out of authentication services with respect to Items with a purchase price of $1,000 USD or more, and the Seller must pay Madilyn James the applicable authentication fee in order to offer the Item through the Service, in addition to any commission payable to Madilyn James in connection with the sale of the Item. If a Buyer elects to use the authentication Services, the Buyer will be responsible for paying Madilyn James the applicable authentication fee. Neither applicable Sellers nor applicable Buyers will be entitled to a refund of the applicable authentication fee if Madilyn James or Madilyn James’ designated third-party service provider determines that an Item is not authentic. Payment for the Item that is subject to authentication will be held in escrow during the authentication process. If the Item is determined to be authentic, following completion of the verification process, the Buyer will be charged for the Item and the Item will be shipped to the Buyer. If the Item is determined to be inauthentic or we are unable to determine whether it is authentic, then the Buyer and the Seller will be notified that the Item has not passed authentication, the purchase will be voided, the Buyer will not be charged for the Item. If Madilyn James or its designated third-party service provider determines that an Item is not authentic, Madilyn James will destroy the applicable Item without providing any refund, and without any other liability, to the Seller of the applicable Item. Madilyn James also reserves the right, in its discretion, to provide Items to law enforcement that Madilyn James determines violate any law, regulation, or third party rights. Madilyn James may immediately terminate the account of any Seller who is identified as selling counterfeit or inauthentic Items and remove all of the Seller’s listings from the Service. Additionally, Madilyn James or Madilyn James’ designated third-party service provider retains the right to reject an Item as inauthentic for any reason in its reasonable discretion, including but not limited to, failure to meet authenticity standards, failure to meet reasonable condition standards, or damage of the Item.
10. Payments
Sellers may charge for Items, and Buyers may pay for Items, only by using payment methods offered by Madilyn James through the Service. As a Buyer, when you purchase an Item and make a payment through the Service, you expressly authorize the applicable payment processor to charge you for the amount associated with the applicable purchase. As a Buyer you agree to pay all charges incurred by you at the price(s) in effect when the applicable purchase is initiated, including, without limitation, all shipping and handling charges. You shall also be responsible for paying any applicable taxes relating to your purchases. As a Buyer, you represent and warrant that you have the legal right to use any payment card(s) or other payment methods that you use in connection with any purchase you initiate through the Service. Madilyn James reserves the right to request additional information from Users for the purposes of completing any transactions, identity verification, fraud prevention, and any other regulatory and compliance purposes.
11. Taxes
As applicable, Madilyn James will collect, pay, report, and remit sales taxes from Buyers and pay applicable amounts to the relevant tax authorities. For Items shipped to certain states, Madilyn James will use the category the Seller assigns to each listing to calculate, collect, and remit the applicable sales tax based on the Buyer’s location. You agree that Madilyn James is not responsible for reporting, collection or payment of any taxes on your behalf except for jurisdictions where Madilyn James is legally required to do so. In accordance with the Privacy Policy and only to the extent necessary to complete a transaction, you agree to provide Madilyn James with all relevant tax information which Madilyn James may provide to any tax authority in connection with payments you receive in connection with the Service and, where applicable, further authorize Madilyn James to release that information to the applicable tax authority or other competent governmental body. Your account may be suspended for failure to provide Madilyn James with all relevant tax information to support filings to the applicable tax authority.
12. Rewards
Madilyn James may offer credits, coupons, gifts or other kinds of rewards in connection with the use of the Service (collectively, “Rewards”). Some Rewards may only be used for discounts on, or payment for, eligible purchases on or through the Service (but note that not all Items may be eligible) and cannot be redeemed for cash, except in jurisdictions where required by law. These promotional or discount codes may be sent via email to our registered users, presented on the Service or circulated through other means and are subject to applicable promotional or discount terms. The requirements to earn, the number of, and value of, these Rewards (if any) will be determined by Madilyn James. Restrictions may apply. Madilyn James may modify, update, or terminate Reward programs without notice, and Madilyn James reserves the right to enact any rules and regulations with respect to Rewards, including earning and use limits, as well as invalidation or expiration of Rewards, in each case, subject to the requirements of applicable law. You may apply Rewards subject to the terms pursuant to which we grant the applicable Reward.
13. Prohibited Activities
You agree that, in connection with your use of the Service, you will not:
- use the Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Service without our express written consent;
- transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service;
- transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems;
- impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy of any person or entity;
- post on the Service any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions, or requires recruitment of other members, sub-distributors or sub-agents;
- violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;
- engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Service, including from any user of our Service, or use any means to scrape or crawl any part of the Service;
- participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
- access or use the Service for purposes of obtaining information to build a similar or competitive website, application or service;
- decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof; or
- circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Company Content (as defined in Section 16) or enforce limitations on use of the Service or the Company Content on the Service.
14. Compliance
In connection with your use of the Service, you represent and warrant that (A) you will comply with all applicable foreign or domestic anti-corruption and anti-bribery laws, as in effect from time to time, including, but not limited to, the United States Foreign Corrupt Practices Act of 1977, as amended, the UK Bribery Act 2010, and any laws intended to implement the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; (B) you are not currently the subject or target of any sanctions administered or enforced by the U.S. government (including, without limitation, the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”) or the U.S. Department of State and including, without limitation, the designation as a “specially designated national” or “blocked person”), the United Nations Security Council, the European Union, Her Majesty’s Treasury, or other relevant sanctions authority (collectively, “Sanctions”), nor are you located, organized or resident in a country or territory that is the subject or the target of Sanctions, including, without limitation, the Crimea Region, the so-called Donetsk People’s Republic, the so-called Luhansk People’s Republic, Cuba, Iran, North Korea, Russia or Syria, and if at any time you become subject to any Sanctions you will immediately cease use of the Service; and (C) you will conduct your business in connection with the Service at all times in compliance with all applicable financial recordkeeping and reporting requirements, including those of the Currency and Foreign Transactions Reporting Act of 1970 and its implementing regulations, as amended, the applicable anti-money laundering statutes of all jurisdictions where you conduct business, the rules and regulations thereunder and any related or similar rules, regulations or guidelines issued, administered or enforced by any governmental agency.
15. User Content
15.1. Rules Governing User Content. You are solely responsible for all information, data, text, graphics, messages or other materials, including, if you are a Seller, any of the foregoing you provide in connection with listing an Item on the Service (“User Content”) that you upload, submit, post, publish or display, email or otherwise provide in connection with the Service. With respect to the User Content you provide in connection with the Service, you represent and warrant that you will not provide any User Content that:
- infringes any intellectual property or other proprietary rights of any party;
- you do not have a right to provide under any law or under contractual or fiduciary relationships;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- poses or creates a privacy or security risk to any person;
- constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
- is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or
- which restricts or inhibits any other person from using or enjoying the Service, or which may expose Madilyn James, the Service, or its users to any harm or liability of any type.
15.2. Rights in User Content.
A. Ownership of User Content. We do not claim any ownership rights in the User Content that you post on or through the Service. After posting your User Content on or through the Service, you continue to retain any rights you may have in your User Content, including any intellectual property rights or other proprietary rights associated with your User Content, subject to the license you grant to us in Section 15.2(B) below.
B. License to User Content. By providing User Content in connection with the Service, you grant us a perpetual, non-exclusive, fully-paid, royalty-free, sublicensable, transferable and worldwide license to use, modify, create derivative works of, publicly perform, publicly display, reproduce, disseminate, market, distribute and otherwise exploit the User Content in connection with the Service, your Items, our business, or the promotion of the Service or our business, in any media formats and through any media channels now known or subsequently created. The license granted under this Section 15.2(B) includes, without limitation, the right to share your User Content with other users of the Service.
C. Removal of User Content. You acknowledge that Madilyn James has the right (but not the obligation) to pre-screen User Content that you or other users provide through the Service, and that Madilyn James will have the right (but not the obligation) to refuse or remove any User Content that is provided through the Service. Without limiting the foregoing, Madilyn James will have the right to remove any User Content that violates these Terms of Service or is deemed by Madilyn James to be otherwise inaccurate or objectionable. You agree that you must evaluate, and bear all risks associated with, providing User Content through the Service.
16. Our Intellectual Property Rights
Except with respect to your User Content and the User Content of other users of the Service, and any third party content provided through the Service, we own (and you acknowledge that we own) all right, title, and interest in and to: (A) the Service and all related intellectual property, including the “look and feel” of the Service and all software, ideas, processes, data, text, media, and other content available on the Service (individually and collectively, “Company Content”); and (B) our trademarks, logos, and brand elements (“Marks”). The Service, Company Content, and Marks are each protected under U.S. and international laws. You may not duplicate, copy, or reuse any portion of Company Content or use the Marks without our prior express written consent. We reserve all rights in and to the Service, the Company Content and the Marks.
17. Our Management of the Service; User Misconduct
17.1. Our Right to Manage the Service. We reserve the right, but do not undertake the obligation to: (A) monitor or review the Service for violations of these Terms of Service and for compliance with our policies; (B) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Service; (C) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any User Content or any portion thereof; (D) manage the Service in a manner designed to protect our, our users’, and third parties’ rights and property or to facilitate the proper functioning of the Service; and/or (E) terminate or block your use of the Service for violating these Terms of Service or otherwise in our discretion.
17.2. Interactions with other Users. You are solely responsible for your interactions with other users of the Service, whether as a Buyer or a Seller. Please note that there are risks that may arise when dealing with strangers, including persons who may be acting under false pretenses. You acknowledge that we have no duty to take any action regarding any dispute that may arise between you and any other user in connection with the Service or otherwise, including without limitation with respect to any Items purchased or sold through the Service, payment in connection with any Item, and any quality or condition of, or damage to, any Items purchased through the Service. You assume all risks associated with dealing with other users with whom you come in contact through the Service. Opinions and other statements included in User Content do not represent the opinions or statements of Madilyn James and the posting of User Content on the Service does not constitute Madilyn James’ support or endorsement of any opinions or statements expressed in the applicable User Content.
17.3. Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE OR ANY REMEDY WE MAY HAVE UNDER LAW OR IN EQUITY, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF USER CONTENT OR THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF SERVICE, OR OF ANY APPLICABLE LAW OR REGULATION.
18. DMCA And Intellectual Property Infringement Policy
18.1. DMCA Notifications. If you believe any content available on or through the Service infringes one or more of your copyrights, please send a notification (a “DMCA Notification”) including all of the information described below, to our DMCA Agent by mail or email using the contact information provided below. We will in our discretion remove or disable access to the content complained of, and in appropriate circumstances, terminate the access rights of repeat infringers. In addition, we will send a copy of the DMCA Notification to the affected user, who may submit a counter notification as described in Section 18.2 below (a “DMCA Counter Notification”) that could result in our restoring content removed in response to a DMCA Notification. You may send a DMCA Notification to our DMCA Agent at:
Attn: Jessica James
Madilyn James LLC
2014 Electric Road
Unit 312
Roanoke, VA 24018
Email: dmca@madilynjames.com
18.2. DMCA Notification Requirements. All DMCA Notifications must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of the works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (such as a URL for the webpage for where the material is posted).
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information set forth in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please be advised that under Section 512(f) of the Digital Millennium Copyright Act you may be held liable for damages and attorneys’ fees if you make material misrepresentations in a DMCA Notification.
18.3. DMCA Counter Notifications from Users. If you receive a DMCA Notification because your content is claimed to infringe a copyright, but you believe in good faith that your content is not infringing or that you have authorization to use the material, you may respond to the DMCA Notification by sending a DMCA Counter Notification to our DMCA Agent (whose contact information is provided above) that includes:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled (such as a URL for the webpage for where the material is posted);
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a United States District Court for the judicial district in which your physical address is located and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
If you submit a DMCA Counter Notification, a copy of the DMCA Counter Notification, including your name and contact information, will be sent to the copyright owner or person who provided the DMCA notification.
Please note that sending a DMCA Counter Notification may not result in your content being restored to the Service if the copyright owner chooses to file suit against you within ten (10) business days of receiving the applicable DMCA Counter Notification.
18.4. Other Intellectual Property Rights. If you believe any content available on or through the Service other than copyrighted content infringes one or more of your intellectual property rights, please send a notification including the information described in Section 18.2 with respect to the applicable content by mail or email using the contact information provided below. We will in our discretion remove or disable access to the content complained of, and in appropriate circumstances, terminate the access rights of repeat infringers. In addition, we may send a copy of the notification to the affected user, who may respond, which could result in our restoring content removed in response to a notification pursuant to this paragraph. You may send a notification to us at:
Attn: Jessica James
Madilyn James LLC
2014 Electric Road
Unit 312
Roanoke, VA 24018
Email: dmca@madilynjames.com
19. Third Party Sites
The Service may contain links to websites operated by third parties, such as third party social media services (“Third Party Sites”); however, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including products or services, made available through Third Party Sites. The availability of these links on the Service does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, products or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. THESE TERMS OF SERVICE DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE THROUGH LINKS OR OTHER MEANS PROVIDED ON OR THROUGH THE SERVICE, YOU SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS AND PRIVACY POLICY, AND INFORM YOURSELF OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.
20. Legal Disputes and Arbitration Agreement
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
20.1. Initial Dispute Resolution Period. We are available at customerservice@madilynjames.com to address any concerns you may have regarding the Service. Most concerns are quickly resolved in this manner. In an effort to accelerate resolution and reduce the cost of any Dispute (defined below) between us, you and we agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before either party initiates any arbitration or court proceeding (the “Initial Dispute Resolution Period”). That period begins upon receipt of written notice from the party raising the Dispute. If we have a dispute with you, we will send the notice of that Dispute to the email address you have provided to us. If you have a dispute with us, you agree to send us a written notice by email to: customerservice@madilynjames.com A notice of Dispute will not be valid, and will not start the Initial Dispute Resolution Period, and will not allow you or us to later initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph: (A) subject line reading: “Notice of Dispute”; (B) description of the nature of the claim or dispute and the underlying facts; (C) date upon which the Dispute arose; (D) the specific relief sought; and (E) name, email address, and physical mailing address of the party seeking relief. The Initial Dispute Resolution Period must include a conference between you and us to attempt to informally resolve any Dispute in good faith. You and we will personally appear at the conference telephonically or via videoconference; if you or we are represented by counsel, counsel may participate in the conference, but you and we will also participate in the conference. The conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same conference unless all parties agree. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating an arbitration or litigation. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. If either party violates this Initial Dispute Resolution Period paragraph, the arbitration provider shall neither accept nor administer any such arbitration nor assess fees in connection with such arbitration.
20.2. Scope. The parties acknowledge that these Terms of Service evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to the terms of these Terms of Service shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). You and we agree that any dispute, claim or controversy between you and Madilyn James asserted after the effective date of these Terms of Service, including but not limited to all disputes arising out of these Terms of Service or your use of the Service (each, a “Dispute”) shall be finally settled by binding arbitration except as expressly excluded below in the Section titled “Exceptions to Binding Arbitration.”
20.3. Binding Arbitration. If you and we do not reach an agreement to resolve the Dispute following the Initial Dispute Resolution Period (and including the conference of the parties provided in the preceding paragraph), you or we may commence an arbitration proceeding. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) and in accordance with the Expedited Procedures in those Rules, which are available at www.jamsadr.com, unless it is a Mass Arbitration before NAM, as defined below. If, for any reason, JAMS is unable to provide the arbitration, then except as otherwise stated below, you or we may file a Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the JAMS Expedited Procedures in the JAMS Comprehensive Arbitration Rules.
A. Process. In order to initiate arbitration following the conclusion of the Initial Dispute Resolution Period, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider. A party initiating an arbitration against Madilyn James must send the written demand for arbitration to 2014 Electric Road, Unit 312, Roanoke VA 24018, ATTN: Jessica James. By signing the demand for arbitration, the party and its counsel certifies to the best of the party’s and counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (iv) the party has complied with the Initial Dispute Resolution Period, including participation in an in-person conference, as described above. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.
B. Location & Hearing. The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Madilyn James may attend remotely, unless the arbitrator requires otherwise. The language of the arbitration will be English.
C. Arbitrator’s Decision. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and us, and any award of the arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability, or arbitrability. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.
D. Fees. Your and our right to recover attorneys’ fees, costs and arbitration fees shall be governed by the laws that apply to the parties’ Dispute, as well as any applicable arbitration rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon showing that the other party has asserted a claim, cross-claim, defense, or procedural tactic that is groundless in fact or law, brought in bad faith, for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the JAMS Rules.
E. Mass Arbitration Before NAM. Notwithstanding the parties’ decision to have arbitrations administered by JAMS (and subject to the exceptions otherwise set forth in the “Exceptions to Binding Arbitration” Section), if 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by NAM, a nationally recognized arbitration provider, and governed by the NAM Rules in effect when the Mass Arbitration is filed, excluding any rules that permit arbitration on a class-wide basis (the “NAM Rules”), and under the rules set forth in these Terms. The NAM Rules are available at https://namadr.com/resources/rules-fees-forms/ or by calling 1-800-358-2550. You and we agree that the Mass Arbitration shall be resolved using NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, available at https://www.namadr.com/. Before any Mass Arbitration is filed with NAM, you and we agree to contact NAM jointly to advise that the parties intend to use NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures. The individual demands comprising the Mass Arbitration shall be submitted on NAM’s claim form(s) and as directed by NAM. You and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from NAM compelling compliance and directing administration of the Mass Arbitration before NAM. Pending resolution of any such requests, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. If for any reason the provisions in this Mass Arbitration Before NAM paragraph are found to be unenforceable, or if for any reason NAM declines to administer the Mass Arbitration, then the Disputes comprising the Mass Arbitration shall be administered by AAA consistent with the provisions of the Dispute Resolution Section of these Terms of Service.
F. Appointment of Procedural Arbitrator in Mass Arbitration. You and we agree to cooperate in good faith to implement the Mass Arbitration process to minimize the time, filing fees, and costs of the Mass Arbitration. Those steps include, but are not limited to (i) the appointment of a Procedural Arbitrator to efficiently and cost-effectively manage the Mass Arbitration and to rule on proposals by the parties for the efficient and cost-effective management of the Mass Arbitration to the extent the parties cannot agree; and (ii) the adoption of an expedited calendar for the arbitration proceedings.
20.4. Exceptions to Binding Arbitration. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may invoke the following exceptions to arbitration:
A. Provisional Remedies. Either party may seek provisional remedies in aid of arbitration and to enforce the Initial Dispute Resolution Period from a court of appropriate jurisdiction, subject to the forum selection provisions below.
B. Intellectual Property and Trade Secret Disputes. Either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation, subject to the forum selection provisions below.
C. Small Claims Court. Either party may seek relief in a small claims court for any individual disputes or claims within the scope of that court’s jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case, in which instance no filing fees shall be due or payable by either party. Any disagreement about whether a Dispute is subject to small claims court shall be decided by small claims court or a court of competent jurisdiction, not the arbitrator.
20.5. Class and Collective Action Waiver. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION OR CLASS ARBITRATION.
20.6. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
20.7. Forum. For any Dispute not subject to binding arbitration, to the fullest extent allowed by law, you and we agree to submit to the exclusive jurisdiction of any state or federal court located in the Eastern District of Virginia – Alexandria Division (except for small claims court actions which may be brought in the county where you reside), and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
20.8. Severability. If any provision in this Dispute Resolution and Arbitration Section of these Terms of Service is found to be unenforceable, that provision shall be severed with the remainder of this Section of these Terms of Service remaining in full force and effect. The foregoing shall not apply to the prohibition against class or collective actions as provided for above. This means that if the prohibition against class or collective actions is found to be unenforceable with respect to a particular claim or request for relief and any appeals have been exhausted (or if the decision is otherwise final), then such claim or request for relief shall proceed in a court of competent jurisdiction, but it shall be stayed pending arbitration of all other claims and requests for relief.
20.9. 30 Day Right to Opt-Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out by emailing us at customerservice@madilynjames.com. The notice must be sent within thirty (30) days of your first use of the Service otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt out of these arbitration provisions, we also will not be bound by them.
21. Warranty Disclaimer; Limitation on Liability
21.1. Disclaimer of Warranties
(A) TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE COMPANY CONTENT, USER CONTENT, THIRD PARTY CONTENT, AND/OR ANY OTHER CONTENT, MATERIAL OR ITEMS PROVIDED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTENT, MATERIAL OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICE, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE THE COMPANY CONTENT, USER CONTENT, THIRD PARTY CONTENT, AND/OR OR ANY OTHER CONTENT, MATERIAL OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR AFFILIATES, ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.
(B) TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICE, THE COMPANY CONTENT, USER CONTENT, THIRD PARTY CONTENT, AND/OR ANY OTHER CONTENT, MATERIAL OR ITEMS ON THE SERVICE OR LINKED TO BY THE SERVICE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIESOF CONTENT, MATERIALORITEMS(FOR CLARITY,ONOROFF THE SERVICE); (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE OR ANY ITEMS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED ON OUR SERVICE; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (VI) ANY PURCHASES, SALES, OR OTHER OBLIGATIONS THAT MAY ARISE BETWEEN USERS; (VII) ANY NEGATIVE OR CRITICAL COMMENTS THAT MAY BE POSTED BY OTHER USERS THROUGH THE SERVICE; AND/OR(VIII) ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIAL OR ITEMS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, MATERIAL OR ITEMS (INCLUDING WITHOUT LIMITATION COMPANY CONTENT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.
21.2. Limited Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, COMPANY CONTENT, USER CONTENT, THIRD PARTY CONTENT, AND/OR ANY OTHER CONTENT, MATERIAL OR ITEMS ON THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE SERVICE, OR ANY ITEMS OFFERED THROUGH THE SERVICE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
22. Indemnity
You agree to indemnify and hold us and our affiliates and each of our and their respective licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors harmless from any claim or demand including, without limitation, reasonable legal fees, arising out of or in connection with (A) as a Seller, any Items you offer through the Service, including, without limitation, any product warranty or other claims relating to the Items, (B) your User Content, including, without limitation, any claims of infringement, (C) your interactions with any other user of the Service, or (D) your violation of these Terms of Service and/or the terms and conditions that are applicable to your use of Third Party Sites. You will not be required to indemnify and hold us or any other indemnified party harmless from and against any applicable claims or demands to the extent resulting from Madilyn James’ own negligent conduct.
23. Notice to California Users
Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to customerservice@madilynjames.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.
24. Electronic Communications
When you use the Service, or send e-mails, text messages, and other communications from your computer or mobile device to us, you are communicating with us electronically. You consent to receive all communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication. It is your responsibility to update your contact information in and remove any spam filters associated with your e-mail account so that you promptly receive all communications we send to you. If you do not receive a communication because your e-mail address was incorrect or not properly updated, your e-mail provider blocked the communication or you are otherwise unable to receive the communication, due to no fault of our own, you will be deemed to have received the communication. You may revoke your consent to receive communications electronically by closing your User Account. Where required by applicable law, you may request that we mail you a paper copy of any communication we previously sent you, within 180 days of the date that we provided the communication to you, by contacting us via e-mail at the e-mail address provided in Section 30. We will not charge fees for any such copies.
25. Independent Contractors
Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
26. Non-Waiver
Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.
27. Severability
Subject to Section 20.8, these Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
28. Assignment
We may assign our rights under these Terms of Service without your approval and with or without notice to you.
29. No Modifications by Our Employees
If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
30. Contact Information
If you have any questions about these Terms of Service or the Service, please contact us at customerservice@madilynjames.com.