ACCEPTANCE OF DELIVERY AND DAMAGE WAIVER

This waiver applies if delivery is made beyond the street curb. Customer agrees to accept full responsibility and assumes all risk for any and all damage caused to the driveway, sidewalk, house, garage, buildings, vehicles, lawn, shrubs, utility wires, or any other items or property, real or personal located at the delivery site. Customer agrees to indemnify, defend and hold Madden Bros., harmless from and against any and all damage, loss, cost or expense relating to or arising from all such deliveries. Customer further agrees that Madden Bros., Inc. shall not under any circumstances be responsible for any direct/indirect, special or consequential damages.

PRIVACY

Please review our Privacy Notice, which also governs your visit to our website.

ELECTRONIC COMMUNICATIONS

When you visit Madden Brothers or send us e-mail, you are communicating with us electronically. You consent to receive communications from us electronically in return. 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.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, and images is the property of Madden Brothers or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Madden Brothers.

TRADEMARKS

Madden Brotherss trademarks and trade dress may not be used in connection with any product or service that is not Madden Brotherss, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Madden Brothers. All other trademarks not owned by Madden Brothers or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Madden Brothers.

LICENSE AND SITE ACCESS

Madden Brothers grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Madden Brothers. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose without express written consent of Madden Brothers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Madden Brothers and our associates without express written consent. You may not use any meta tags or any other ":hidden text": utilizing Madden Brotherss name or trademarks without the express written consent of Madden Brothers. Any unauthorized use terminates the permission or license granted by Madden Brothers. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Madden Brothers so long as the link does not portray Madden Brothers, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Madden Brothers logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR MEMBERSHIP ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Madden Brothers and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content so long as that content is not illegal, obscene, threatening, defamatory, an invasion of privacy, an infringement of intellectual property rights, or otherwise injurious or objectionable and does not consist of or contain software viruses, political or commercial solicitation, chain letters, mass mailings, or any form of ":spam.": You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Madden Brothers reserves the right (but not the obligation) to remove or edit such content.

If you do post content, you grant Madden Brothers a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Madden Brothers or its associates for all claims resulting from content you supply. Madden Brothers has the right but not the obligation to monitor and edit or remove any activity or content. Madden Brothers takes no responsibility and assumes no liability for any content posted by you or any third party.

PRODUCT DESCRIPTIONS

Madden Brothers and its associates attempt to be as accurate as possible. However, Madden Brothers does not warrant that product descriptions or other site content is complete, current, or error-free. If a product offered by Madden Brothers is not as described, please call us immediately to remedy the situation.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY Madden Brothers ON AN ":AS IS": AND ":AS AVAILABLE": BASIS. Madden Brothers MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Madden Brothers DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Madden Brothers DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Madden Brothers ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Madden Brothers WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting Madden Brothers, you agree that the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Madden Brothers or its associates.

DISPUTES

Any dispute related to your visit to Madden Brothers or to products you purchase through Madden Brothers shall be submitted to confidential arbitration in Ohio, except that, to the extent you have in any manner violated or threatened to violate Madden Brotherss intellectual property rights, Madden Brothers may seek injunctive or other appropriate relief in any state or federal court in the state of Ohio, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Delivery Policies, posted on this site. These policies also govern your visit to Madden Brothers. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

QUESTIONS:

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu. Or you can email us at: bmadden@maddenbros.com