TERMS OF SERVICE

Please Read Carefully. 

Updated:  February 19, 2025

The products, content, platform and services that Madali LLC and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, hereinafter “Madali,” the “Company,” “we,” “our,” and “us”) provides to you are subject to the terms and conditions set forth herein (“Terms of Service”), as well as the Subscription Order Form, and other policies, including the Company’s data privacy policies, effective as of such date (the “Effective Date”), as well as all other applicable rules or policies, terms and conditions, and/or agreements that are and/or may be established by the Company from time to time. Each of these foregoing Madali documents, agreements and policies, including the Subscription Order Form, shall be incorporated herein by reference and shall each govern your access to and/or use of the website, software-as-a-service platform, mobile or web applications, data analytics, management portal, content, products, services and any sites the Company may have now and/or in the future including without limitation its product data management platform (collectively, the “Services”). If you are entering into this Terms of Service and the Subscription Order Form on behalf of a company, organization or other legal entity, “you,” “your,” “user” or “subscriber” shall refer to such entity.  

THIS TERMS OF SERVICE IS BETWEEN MADALI AND YOU. PLEASE CAREFULLY READ THIS TERMS OF SERVICE, THE SUBSCRIPTION ORDER FORM, AND THE COMPANY’S OTHER POLICIES. BY ACCESSING OR USING THE PLATFORM, CONTENT, OR SERVICES, ENTERING INTO THIS TERMS OF SERVICE, PURCHASING PRODUCTS, CLICKING ACCEPT, AND/OR BY ACCESSING AND/OR USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE, THE SUBSCRIPTION ORDER FORM AND ALL OTHER POLICIES, INCLUDING THE COMPANY’S DATA PRIVACY POLICIES, EFFECTIVE AS OF THE APPLICABLE EFFECTIVE DATE, AS WELL AS ALL OTHER APPLICABLE RULES OR POLICIES, TERMS AND CONDITIONS, AND/OR AGREEMENTS THAT ARE AND/OR MAY BE ESTABLISHED BY THE COMPANY FROM TIME TO TIME.

IF YOU DO NOT ACCEPT THIS TERMS OF SERVICE, OR THE SUBSCRIPTION ORDER FORM, NOW OR IN THE FUTURE, PLEASE STOP YOUR USE OF THE SERVICES IMMEDIATELY, IN WHICH CASE ANY CONTINUING ACCESS AND/OR USE OF THE SERVICES IS UNAUTHORIZED AND STRICTLY PROHIBITED. THIS TERMS OF SERVICE AND THE SUBSCRIPTION ORDER FORM EXPRESSLY SUPERSEDES PRIOR AGREEMENTS AND/OR ARRANGEMENTS BETWEEN YOU AND THE COMPANY AND MAY EACH BE UPDATED BY THE COMPANY AT ANY TIME AND WITHOUT PRIOR NOTICE OR YOUR CONSENT.

IF YOU DO NOT AGREE TO THIS TERMS OF SERVICE AND THE SUBSCRIPTION ORDER FORM, THE COMPANY IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE PLATFORM, CONTENT, PRODUCTS, OR SERVICES, AND YOU MUST NOT ACCESS OR USE THE PLATFORM, CONTENT, OR SERVICES. BY ACCESSING AND/OR USING THE SERVICES IN ANY MANNER, YOU SIGNIFY YOUR AGREEMENT WITH THE TERMS OF SERVICE, AND THE SUBSCRIPTION ORDER FORM, AND ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH THE COMPANY.

PRIVACY STATEMENT

You also agree to the Company’s privacy notice, located at https://www.madaligroup.com/privacy-statement-us/ (“Privacy Statement”) and consent to any personal information we may obtain about you being collected, stored, and/or otherwise processed in accordance with the Privacy Notice, this Terms of Service, and the Subscription Order Form.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.  

CHANGES TO TERMS

Subject to the terms and conditions set forth herein and in the Subscription Order Form, the Company may, at any time and for any reason, in its sole and absolute discretion, make changes to the Services and/or modify or amend this Terms of Service or the Subscription Order Form. If the Company makes changes and/or modifications that affect your access to and/or use of the Services, the Company will provide a notice of such changes only by posting the updated Terms of Service or the Subscription Order Form on the Company’s website and the Company will change the “last updated” date listed above.  We may also provide you with additional forms of notice of modifications and/or updates as appropriate under the circumstances.  Your use of the Services following any changes and/or modifications will constitute your acceptance of such changes and/or modifications. If you do not agree with the changes and/or modifications, you shall not use the Services after the effective date of the changes, and your use of the Services is strictly prohibited.  Please revisit this Terms of Service regularly to ensure that you stay informed of any changes, the most recent version of the Terms of Service [https://www.madaligroup.com/terms-conditions/].  

DESCRIPTION OF SERVICES

General. Madali provides a comprehensive suite of business solutions, including Customer Relationship Management (CRM), Process Improvement, Project Management, Personal Development, and General Legal Counseling. Our goal is to help businesses streamline operations, enhance efficiency, and achieve sustainable growth. With Madali CRM, businesses can centralize customer data, automate workflows, and optimize client interactions. Our Process Improvement services focus on identifying inefficiencies and implementing strategies to enhance productivity. Project Management solutions assist businesses in planning, executing, and completing projects with precision. Through Personal Development services, we support individuals in achieving professional and personal growth. Additionally, we offer General Legal Counseling, providing guidance on business-related legal matters to ensure compliance and risk mitigation.  As part of our services, we may provide tools and resources to facilitate direct communication between users and third-party service providers, consultants, or industry professionals. However, we do not guarantee the availability, accuracy, or quality of any third-party services, and users should conduct their own due diligence before engaging with external providers.

Data Integrity & Use of Services.  Our CRM and business management tools enable users to organize, store, and export data for use in business operations. While we strive to provide accurate and reliable services, Madali does not guarantee the accuracy, completeness, or availability of exported data. Users are responsible for verifying the integrity of any data used for decision-making, reporting, or third-party applications.

No Guarantees or Endorsements.  Although we take steps to ensure the quality and reliability of our Sservices, Madali makes no guarantees, warranties, or representations regarding third-party products, service providers, or information accessed through our platform. We do not endorse or recommend specific third-party services, nor do we independently verify their claims, offerings, or representations. Any transactions, agreements, or engagements between users and third-party service providers are strictly between the involved parties. Madali LLCMadali shall not be liable for any damages, losses, misrepresentations, or disputes arising from third-party interactions. Users are encouraged to independently evaluate and verify any information before making business decisions.

SCOPE OF USE

Eligibility.  The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers get parental consent before they knowingly collect personally identifiable information online from children under the age of thirteen (13).  We do not knowingly collect or solicit information from children under the age of thirteen (13).  You represent and warrant that you are at least thirteen (13) years of age, provided that if you are under eighteen (18) years of age, your use of the Services is subject to requirements of parental consent. If you are under age thirteen (13), you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person and/or entity and change its eligibility criteria at any time.  If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information, so please contact us at info@madaligroup.com if you think a child has provided us with personal information.

Use of Services and Availability. Your use of Madali’s Services is at your own risk, including but not limited to the possibility of encountering inaccurate, outdated, or subjective content. Madali reserves the right, at its sole discretion, to deny access to or restrict the use of the Services to any individual or entity at any time and for any reason, without liability.  While we make reasonable efforts to maintain the accessibility and functionality of the Services, you acknowledge that availability may be affected by factors both within and beyond our control. These factors include, but are not limited to, routine maintenance, technical issues, disruptions in third-party services, or unforeseen circumstances. Madali shall not be held responsible for any interruptions, delays, or temporary unavailability of the Services, including any impact on access to your User Account (as defined in our Terms).  The availability of the Services may also be affected by third-party platforms or service providers, for which Madali is not responsible. Additionally, we reserve the right to modify, update, suspend, or discontinue any aspect of the Services at any time without prior notice or liability.  We will make reasonable efforts to minimize disruptions, but you acknowledge that there may be periods during which access to or functionality of the Services is limited.

Selecting Services and Subscription Management.  You may be permitted to select services, upgrade subscriptions, or request other offerings provided by Madali (whether through an online request submitted via our platform, by completing a subscription order form, or by submitting a request via email, phone, or any other method permitted by Madali) (each a “Service Request”). By submitting a Service Request, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY METHOD OF PAYMENT UTILIZED IN CONNECTION WITH THAT REQUEST.  All Service Requests are subject to acceptance by Madali at its sole discretion. We reserve the right to limit, modify, or restrict the availability of certain services, subscriptions, or offerings without prior notice, even after a request has been submitted.

Creating an Account.  You may establish an account through the Services to access and fully utilize the functionalities offered by Madali. Without creating an account, you will only be able to browse our website, blog, and view the products and/or services available. To gain full access to the Services, including our CRM, Process Improvement, Project Management tools, Personal Development resources, and legal counseling features, you must register by selecting a login identification (“Username”) and a unique password (“Password”) (collectively, a “User Account”). You will also need to complete the Subscription Order Form and make payment for the Services.

When setting up a User Account, you are required to:

1. Abide by all applicable laws, rules, and regulations, and agree to this Terms of Service.
2. Provide accurate contact information.
3. Submit any other authentication details required during the enrollment process, as determined by Madali in its sole discretion.

You agree to provide true, accurate, and current information when creating and maintaining your User Account. It is your responsibility to update and correct any information you have submitted. You may only hold one (1) User Account, and you are solely responsible for managing it. Using disguised identities or multiple accounts is prohibited. Only authorized employees or independent contractors within your company may use the User Account, and each must be identified to Madali before using the Services.

Madali reserves the right to refuse registration for any account name that impersonates someone else, violates laws, is offensive, or is protected by trademark or other proprietary rights, at the Company’s sole discretion. Any Username and Password used for the Services are for individual use only.

You are solely responsible for maintaining the security and confidentiality of your Username and Password. Madali is not liable for any incidents related to account settings. The Company will assume that any actions taken under your User Account are authorized by you. Therefore, you agree to immediately notify Madali of any unauthorized use of your Username, Password, or User Account, or any other breach of security.

Your User Account is non-transferable and cannot be shared, sold, or combined with others outside your organization. If you violate any of these terms or this Terms of Service, Madali may terminate your User Account immediately, without refund of any paid fees. Upon termination, provisions of this Terms of Service that are intended to survive (e.g., disclaimers, limitations of liability, indemnities) will continue. If your User Account is terminated, you may not re-register unless formally invited by Madali.

If fraud or falsification is detected in connection with your access or use of the Services or User Account, your account will be terminated immediately, and Madali reserves the right to:

1. Hold you liable for any damages incurred.
2. Pursue legal action through local or national law enforcement authorities.
3. Notify your Internet Service Provider of any fraudulent activities associated with your account.

  

Communications from the Company.  By using the Services, you agree to receive certain communications in connection with the Services.  When you access and/or use the Services, you are communicating with us electronically, and you consent to receive communications from us electronically including but not limited to notices related to the Services provided to you via email.  You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  Your consent to receive records and notices electronically will remain in effect until you withdraw it.  You may withdraw your consent to receive further records and notices electronically at any time by contacting us.  If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Services.  Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.

Your Responsibilities.  The Company grants you the rights set forth herein, subject to the following conditions:

1. You shall not modify, disassemble, create derivative works, publicly display, reverse engineer and/or otherwise reduce to human-perceivable form all or any part of the Services;
2. You agree not to submit and/or transmit any emails, User Content or other materials through the Services that contain a virus, worm, Trojan horse and/or any other harmful component designed to interrupt, destroy and/or limit the functionality of any computer software and/or hardware and/or telecommunications equipment, and/or that is designed to obtain unauthorized access to any information;
3. You may not access all or any part of the Services in order to build a product or service which competes with the Services;
4. You shall not copy, store, reproduce, duplicate, transmit or distribute a significant portion of the content on the Services without our express authorization or in keeping with the Services provided to you;
5. You shall not obtain or attempt to obtain any data through any means from the Services, except if we intend to provide and/or make it available to you;
6. You shall not pretend to be someone else, use someone else’s identify or misrepresent your affiliation with a person, company or entity;
7. You shall not copy or imitate part or all of the design, layout, and/or look-and-feel of the Services and/or individual sections of it, in any form or media;
8. You are only authorized to view, use, copy for your records and download portions of the content on the Services for your informational use; provided that you leave all copyright and other proprietary notices intact and do not copy or use any manufacturer or third-party entity logo, trademark or marks in anyway;
9. You are responsible for the accuracy and quality of the data and content that you submit;
10. You agree to act in accordance with all applicable laws, rules and regulations;
11. You represent that you have the necessary permissions to use and authorize the use of User Content as described herein;
12. You shall not submit User Content (defined below), in any form, that is harmful, offensive, inaccurate or otherwise inappropriate including without limitation libelous, defamatory, discriminatory, harassing, racially, ethnically, hateful, profanatory and/or otherwise objectionable;
13. You shall not imply that User Content is in any way sponsored or endorsed by the Company;
14. You agree not to intentionally hold the Company and/or our employees and/or directors up to public scorn, ridicule or defamation;
15. You will not promote and/or provide information about illegal activities and/or physical harm and/or injury to any group, individual, institution and/or property;
16. You will use commercially reasonable efforts to prevent unauthorized access to and/or use of the services and content provided on the Services, and to notify the Company promptly of any such unauthorized access and/or use;
17. You shall not use the Services for any unlawful, criminal or illegal purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services provided; and
18. You will not submit User Content nor use data obtained from the Services or other content from the Services that violates, plagiarizes and/or infringes the rights of any third parties including, without limitation, copyright rights, trademarks, rights of privacy or publicity and/or any other proprietary right; and/or that is designed to obtain unauthorized access to any information.

The Company shall not be subject to any obligations of confidentiality regarding any information or materials provided by you unless required by law.  The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Services separate and apart from the subscription services without the prior written consent of the Company is strictly prohibited. 

USE OUTSIDE DEFINED AREA 

Please be aware that our Services are directed to those individuals and entities located in the United States, and are subject to United States laws, including laws governing privacy and security of your information. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Services and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information or data on the Services. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with applicable local laws. This Terms of Service and the Subscription Order Form are written in English.  To the extent any translated version of this Terms of Service or the Subscription Order Form conflict with the English versions, the English versions control. In the event you are using the Services outside of the United States, you agree as follows: (i) you consent to having your personal data transferred to and processed in the United States, (ii) if you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of ‘Specially Designated Nationals’ you will not engage in commercial activities on the Services (such as advertising or payments), and/or (iii) you will not use the Services if you are prohibited from receiving products, services or software originating from the United States. 

ERRORS, INACCURACIES, OMISSIONS AND PERFORMANCE

Occasionally there may be information or data on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to services, estimates, rates, costs, local customs, product codes or specifications, contact information, address, and events.  We reserve the right to: (i) correct any errors, inaccuracies, and/or omissions, and/or (ii) make changes to content, descriptions, Services and/or other information without obligation to issue any notice of such changes, except as prohibited by law.  

PROPRIETARY RIGHTS AND LICENSES

Ownership. The Services, any content and/or products on the Services and the infrastructure used to provide the Services are proprietary to the Company, our affiliates, and/or other content providers.  By using the Services and accepting this Terms of Service, and the Subscription Order Form, the Company grants you a limited, personal, nontransferable, nonexclusive, revocable right to access and/or use the Services pursuant to this Terms of Service, the Subscription Order Form, and to any additional terms and policies set forth by the Company.  Neither this Terms of Service, the Subscription Order Form, nor your use of the Services convey and/or grant to you any rights: (i) in or related to the Services except for as expressly set forth herein, and (ii) to use or reference in any manner the Company’s names, logos, product and service names, trademarks or services marks or those of the Company’s licensors.

Reservation of Rights.  The materials, headers, videos, illustrations, photographs, graphics and/or any other content on the Services, as well as the organization and layout of the Services, are copyrighted and are protected by United States and international copyright laws and treaty provisions.  Subject to the limited rights expressly granted hereunder, the Company and/or its third-party providers reserve all right, title and interest in and to the Services and content, including all related worldwide intellectual property rights.  No rights are granted to you hereunder other than as expressly set forth herein. 

Madali Marks. The Company or its parent company, and their respective licensors or suppliers, own the trade names, trademarks, and service marks on the Services, including without limitation “Madali,” the  Madali logo, and any related names and marks. All trademarks and service marks on the Services not owned by Madali or its parent company are the property of their respective owners. You may not use our trade names, trademarks, or service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained herein or on the Services should be construed as granting any license or right to use any trade names, trademarks, or service marks without express prior written consent of the Company.

User Content.  When using the Services, you may be required to provide or post content such as photographs, data, images, advice, information, videos, audio, descriptions, comments, reviews, responses, messages, receipts, or other materials (“User Content”). You acknowledge that any User Content submitted or transmitted through the Services is at your own risk. You assume full responsibility for the quality, accuracy, and reliability of your User Content, and understand that others may rely on it. By submitting User Content, you represent and warrant that you own the rights to such content or have the necessary permissions to use and authorize its use in connection with the Services, in accordance with these Terms of Service and the Subscription Order Form. You grant Madali a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, assignable, sub-licensable, and transferable license to use, display, and distribute your User Content for any lawful purpose, including after the termination of your User Account. Additionally, you grant other users of the Services the right to access and use your User Content in accordance with these Terms of Service. You agree not to imply that any User Content is sponsored, endorsed, or affiliated with Madali unless explicitly stated.

IMPROVEMENTS AND FEEDBACK. You shall, and hereby do, assign to the Company your entire right, title and interest (including, without limitation, all patent rights, design rights, copyrights and trade secrets) in any modifications or improvements to the Services which you may propose or make at any time (“Improvements”). You shall, and hereby do, assign to the Company your entire right, title, and interest in any feedback you provide to the Company regarding the Services, including but not limited to its usability, bug reports, and testing results (collectively, “Feedback”). The Company may use and otherwise exploit the Feedback and Improvements as it wishes with no compensation to you. In the event that any of your rights with respect to any Improvement or Feedback are not fully assignable or otherwise transferable to the Company for any reason whatsoever, you shall, and hereby do, grant to the Company an exclusive, irrevocable, perpetual, royalty-free, fully paid-up worldwide license in and to all of your rights with respect to such Improvement or Feedback and all intellectual property rights therein. You shall notify  of any Improvement within a reasonable time after its development and provide the Company with access to all information concerning such Improvement as the Company shall reasonably request. The Company has no obligation to review any Feedback or Improvements and may use and/or redistribute Feedback or Improvements for any purpose without restriction in its sole and absolute discretion.

SPAMMING
Gathering email addresses from the Company through harvesting or automated means is prohibited.  Posting and/or transmitting unauthorized and/or unsolicited advertising, promotional materials, and/or any other forms of solicitation to other users is prohibited. We also prohibit crawling, scraping, caching, and/or otherwise accessing any content on the Services via automated means (except as may be the result of standard search engine protocols and/or technologies used with the Company’s express written consent or as part of the express purposes of the Services).

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you warrant to the Company that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, and/or impair the Services and/or interfere with any other party’s use and/or enjoyment of the Services. You may not obtain and/or attempt to obtain any materials and/or information through any means not intentionally made available and/or provided for through the Services.

DATA CHARGES AND MOBILE PHONES

You are responsible for any mobile or internet charges that you may incur in connection with using the Services, including but not limited to data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.

TERM; TERMINATION 

This Terms of Service and the Subscription Order Form will remain in full force and effect in connection with the subscription term chosen by you. The rights granted by the Company to use the Services is predicated upon your (a) acknowledgment and acceptance of this Terms of Service, (b) completion of the Subscription Order Form, (c) advance payment in full to the Company of the subscription fee, and (d) agreement to not share the access granted with any other person or entity.  The termination, cancellation and renewal of the Services is governed by the specific terms of the Subscription Order Form and termination of the Services may occur without refund to you. Upon termination, you agree to immediately discontinue use of the Services and/or related services that were promoted through the Services and must provide a certified statement indicating compliance with this provision upon the Company’s request and pay the Company all fees due and owing through the end of the then-current term. If you violate, or if we have grounds to suspect that you violated, this Terms of Service, the Subscription Order Form, and/or other use parameters included on the Services, we reserve the right to suspend and/or terminate your User Account, and/or refuse your use of the Services (or any portion thereof) at any time.  The Company also reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without cause and/or without notice and without liability.  In the event you fail to pay for the access granted, and/or share the access granted with any person and/or entity, and/or misuse the system by any means actionable under a federal, state, and/or local statute, code, regulation, law, and/or civil action, the Company will consider you and/or the unauthorized user’s access as having been acquired by fraud and/or misrepresentation and will terminate your access and/or use of the Services immediately.  In such a case, the Company retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by the you.

INDEMNIFICATION AND WAIVER

You shall indemnify, defend and hold harmless the Company, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, and/or liabilities of any nature (“Claim”) arising out of and/or in the relation to (i) your violation of any law and/or the rights of a third party, (ii) any breach of this Terms of Service by you, your officers, agents, employees, contractors and/or representatives, (iii) your use of the Company’s Services, (iv) any breach of the Subscription Order Form by you, your officers, agents, employees, contractors and/or representatives, (v) use of User Content in the event of an infringement, violation, trespass, contravention and/or breach of any third party, and/or constitutes the unauthorized use and/or misappropriation of any trade secret of any third party, and/or (vi) fraud you commit and/or your intentional misconduct and/or negligence. You shall give prompt notice to the Company upon your receipt of notice of any Claim against you which might give rise to a claim against the Company.  

You acknowledge and agree that by accessing and/or using the Services, you may be exposed to materials (including shared group content) from others that you may consider offensive, indecent or otherwise objectionable, and agree to accept that risk.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SERVICES, AND ANY CONTENT, ARE PROVIDED BY THE COMPANY TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND WHETHER EXPRESS, STATUTORY AND/OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, ALL OF WHICH THE COMPANY EXPRESSLY DISCLAIMS.  WITHOUT LIMITING THE FOREGOING, THE COMPANY AND/OR ITS LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICES, CONTENT, AND/OR MATERIALS WILL MEET YOUR REQUIREMENTS AND/OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, CONTENT AND/OR MATERIALS WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE; AND/OR (C) THE COMPANY WILL NOT BE LIABLE AND/OR OTHERWISE RESPONSIBLE FOR ANY FAILURE AND/OR DELAY IN UPDATING THE SERVICES AND/OR ANY CONTENT.  NO ADVICE AND/OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY AND/OR THROUGH AND/OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF SERVICE OR THE SUBSCRIPTION ORDER FORM. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE SERVICES.

LIMITATION OF LIABILITY

YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK.  IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, ATTORNEY’S FEES, THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.  THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY THE COMPANY, ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN THE EVENT YOU ARE DISSATISFIED WITH THE SERVICES, RELATED SERVICES OR ANY OTHER GRIEVANCE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE RIGHT TO DISCONTINUE ACCESS TO AND/OR USE OF THE SERVICES.

THE COMPANY’S MAXIMUM AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS, TO YOU IN ANY CIRCUMSTANCE ARISING OUT OF AND/OR RELATING TO THE SERVICES IS LIMITED TO GREATER OF (I) ONE HUNDRED DOLLARS (US $100.00) OR (II) THE FEES PAID BY YOU TO MADALI IN THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM.. 

LINKED SITES

The Services may provide links to various other independent third-party websites (“Linked Sites”) that may be of interest to you and for your convenience only.  The Company does not control and/or endorse such Linked Sites and is not responsible for their content nor is it responsible for the accuracy and/or reliability of any information, data, opinions, advice, quotes, warranties, technical specifications, product numbers, codes, or samples, or other statements contained within such Linked Sites.  You will need to make your own independent judgment regarding your interaction with these Linked Sites and third-party representatives at your own risk. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Linked Site that you visit. The Company reserves the right to terminate any link and/or linking program at any time. The Company disclaims all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials, products, quotes, technical data, warranties or information contained on such Linked Sites.

You may not link to the Services without our written permission. If you are interested in linking to the Services, please contact [info@madaligroup.com.]

THIRD PARTY SERVICES 

The Services may be made available and/or accessed in connection with third party services, product data and content that the Company does not control. The Company may post advertisements of third parties through the Services, including without limitation promotions of advertisers, location based-ads, and/or sponsors showing their goods and services. Your correspondence, participation in, and/or any other dealings with third parties found through the Services are solely between you and such third party. The Company does not endorse such third-party services, products and content and in no event shall the Company be liable for any products and/or services of such third-party providers. You agree that the Company shall not be responsible for any loss and/or damage of any sort incurred as a result of any such dealings and/or as the result of the presence of such third parties through the Services. Moreover, the Company shall not be responsible and/or liable for the accuracy, quality, suitability, currency and/or content of the statements, products, quotes, technical data and/or conduct of any third party on the Services. You are solely responsible for the costs, expenses and infrastructure required to support your use of the Services. You acknowledge and agree that the Company utilizes third party providers to provide the Services, and any terms and conditions related to such third-party providers products and/or services shall govern the use of such third-party providers’ products and/or services. You acknowledge and agree that the Company is not liable for the performance of any third-party providers’ products and/or services.

NO PROFESSIONAL ADVICE

The information available on the Services is intended to be a general information resource regarding the matters covered, products available, and is not tailored to your specific circumstance. The Services are not a substitute for professional advice, and you should not construe this as legal, tax, accounting, financial, medical and/or other professional advice. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THE SERVICES IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, AND/OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE. The Company does not, will not and cannot refer, recommend and/or endorse any specific professional service, product and/or procedures that are advertised on the Services.

DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT

The Company respects the intellectual property rights of others and expects you to do the same.  We reserve the right to: (a) terminate your User Account or any other user who infringes third-party copyrights, (b) block access to and/or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you and/or other third parties, and/or (c) remove and discontinue service to repeat offenders.  We will respond to clear notices of copyright infringement when you provide the following:  

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed;
3. 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;
4. Information sufficient to permit the Company to contact you, such as your physical address, telephone number, and, if available, an electronic mail address;
5. A statement that the complaining party has 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; and
6. A statement that the information 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.

Contact information for the Company’s DMCA Agent for notice of claims of copyright infringement is:  MADALI., Attn:  Copyright Agent, 1515 Mockingbird Lane Suite 420 Charlotte, North Carolina 28209 [info@madaligroup.com.]

The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by fax or ordinary mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Services linked to and/or from the Services. All other inquiries directed to the Copyright Agent will not be responded to.

DISPUTE RESOLUTION 

Disputes.  We want to address your concerns without needing a formal legal case. Before filing a claim against the Company, you agree to try to resolve the dispute informally by contacting us at [info@madaligroup.com] within fifteen (15) days of the issue that is being reported.  We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days of submission, you and/or the Company agree to resolve any claims related to this Terms of Service through final and binding arbitration, except as set forth under ‘Exceptions to Agreement to Arbitrate’ section below and/or your ability to opt out as described below. 

Arbitration Procedures.  Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Company Confidential Information and/or intellectual property rights, or except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt-out of arbitration as described above, any and all controversies and/or claims arising out of or relating to this Terms of Service, Subscription Order Form and/or the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Charlotte, North Carolina or any other location we agree to. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.

Exceptions to Agreement to Arbitrate.   Notwithstanding anything herein to the contrary, either you and/or the Company may assert claims, if it qualifies, in small claims court in Charlotte, North Carolina, and the Company may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Services, breach of the Company’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.

Judicial Forum for Disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and the Company agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Charlotte, North Carolina.  Both you and the Company consent to the foregoing venue and jurisdiction.

MISCELLANEOUS
If any provision(s) and/or term(s) of this Terms of Service or Subscription Order Form shall become and/or be declared illegal, invalid and/or unenforceable for any reason whatsoever, such term(s) and/or provision(s) shall be divisible from the other terms and conditions and shall be deemed to be deleted from it.  This Terms of Service and the Subscription Order Form shall be governed in all respects by the laws of the State of North Carolina, without reference to its choice of law rules. If an applicable law is in conflict with any part of this Terms of Service, or the Subscription Order Form, this Terms of Service, or the Subscription Order Form as applicable,  will be deemed modified to conform to the law and the other provisions will not be affected by any such modification. No waiver by either you and/or the Company of any breach and/or default and/or failure to exercise any right allowed under this Terms of Service or the Subscription Order Form is a waiver of any preceding and/or subsequent breach and/or default and/or waiver and/or forfeiture of any similar and/or future rights under this Terms of Service or the Subscription Order Form.

You may not assign any of your rights or delegate any of your obligations hereunder without the prior written consent of the Company. Any purported assignment or delegation in violation of this Section shall be null and void. If any provision of this Terms of Service or the Subscription Order Form is held to be unenforceable that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original intent provision consistent with the law. Notwithstanding the unenforceability of any such provision, or the ability or inability to substitute that provision with another close approximation, the remaining provisions of the Terms of Service or the Subscription Order Form shall remain in full force and effect.

Contact us: If you would like to request additional information regarding this Terms of Service or the Subscription Order Form, or have an inquiry regarding your relationship with the Company, please contact us at: [info@madaligroup.com].