Terms and Conditions

Robert Madden Industries, Ltd. respects your privacy and personal information.

These Terms and Conditions apply to information we receive when you use the www.rmadden.com website (the “Site”). The Terms and Conditions are an agreement between Robert Madden Industries, Ltd. and you, as the user of the Robert Madden Industries, Ltd. Service (“you”). This agreement tells you what information we collect from you, how we might use that information, the steps we take to ensure that your personal information is protected, and when this agreement these Terms and Conditions are effective and how we may change the Terms and Conditions. We share your personal information only with your consent or as described in these Terms and Conditions.

Your use of the Site is purely voluntary. You are not required to provide any personal information to us unless you choose to access features on the Site which require such information. If you do not agree with the terms of this policy or other terms of use related to the Site then you should immediately exit the Site and discontinue using the Site and any component of the Site.

The privacy policy does not extend to anything that is inherent in the operation of the internet, and therefore beyond Robert Madden Industries, Ltd.’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This privacy policy only applies to information collected through the Site and otherwise as described herein.

Types of Information Collected

We may ask you for certain information, referred to as “personal information”, which includes information that pertains to your identity. Such information may include, but is not limited to, items such as your name, physical address, age, email address, and driver’s license number.

You may be required to provide personal information to access or use certain parts or features of the Site. For example, you will be asked to provide personally identifiable information {before receiving a consultation from one of our unaffiliated third-party providers}. If you do not provide the requested personal information, you may not be able to access or use the particular Service where such information is required.

Types of Information Collected

There may be other instances in which we collect information from you that is more general in nature (“general information”). Such information may include information recorded by our server logs from your browser such as your Internet Protocol (IP) address (which enables us to identify your computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network like the internet), and the specific webpage you requested. Such general information, including the click stream data and cookies, as mentioned below, may be collected from you whenever you access or use the Site, whether you provide us with any personal information or not.

Click Stream Data

When you use the Site we may collect “click stream data” (server address, domain name, etc.). We may use click stream data for traffic analysis or e-commerce analysis of our Site, to determine which features within the Site are most or least effective or useful to you.

Cookies

A cookie is a small string of information that a website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity throughout the Site and that information helps us to understand your preferences and improve your experience. Robert Madden Industries, Ltd. cookies do not collect personal information from you, and we do not combine the general information collected through cookies with other personal information you may provide to personally identify you. You can turn off all cookies if you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. Please refer to documentation provided with your web browser (e.g., Firefox, Safari, Chrome, or Microsoft Edge, etc.) for information on enabling these options. There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the websites you visit and you may lose access to some of their features

Use of Site

You are entirely responsible for all content that you upload, post or otherwise transmit to or via the Site. You agree not to upload, post or otherwise transmit via the Site any content that: (i) is false, inaccurate, misleading, harmful, obscene, indecent, pornographic, defamatory, racist, violent, offensive, threatening, harassing, or otherwise objectionable to Robert Madden Industries, LTD. or other users of the Site; (ii) includes unauthorized disclosure of personal information; (iii) violates or infringes anyone's intellectual property rights; or (iv) 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. Robert Madden Industries, LTD. reserves the right to edit or remove content that violates this TOS or that contains third-party commercial advertisements.

You agree that you will not use the Site to: (i) transmit spam, bulk, or unsolicited communications; (ii) pretend to be Robert Madden Industries, LTD. or someone else, or spoof Robert Madden Industries, LTD.'s or someone else's identity; (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted to or via the Site; (iv) misrepresent your affiliation with a person or entity; (v) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Site; (vi) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (vii) collect or store personal data about other users unless specifically authorized by such users. Robert Madden Industries, LTD. reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.

You agree that you will not link to the Site using any HTML techniques that display the Site within a frame, partial window, popup, pop-under, or any other non-standard linking method.

You agree to not use any robot, spider, other automatic device, or manual process to monitor or copy the Site web pages or the content contained therein without the prior written permission of Robert Madden Industries, LTD.

To Provide Products and Service To You

We will use the personal information you provide and any general information we receive from you to provide Robert Madden Industries, Ltd. Service to you, which includes the following:

1. To assist those who help us in designing and operating the Stie or who help us analyze collected data. These parties will only use your data for the purpose of carrying out the work as agreed with us and will be required to keep the information confidential.
2. To send you information or materials via email about products, offers, and news we think might interest you. This information may relate to products, offers, and news of Robert Madden Industries, Ltd. or its licenses or selected commercial partners. (If you no longer wish to receive any emails from us, please see “OPTING OUT OF EMAIL” below.)
3. To analyze visits to the Robert Madden Industries, Ltd. website and learn about the interests of our visitors in the aggregate as well as on a personal level to better understand your interests and needs, so we can improve our products and services and deliver to you the type of content, features, and promotions that you are most interested in.

Business Transfers

In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. Moreover, if Robert Madden Industries, Ltd. or substantially all of its assets were acquired, customer information would likely be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Robert Madden Industries, Ltd. may continue to use your personal information as set forth herein.

For your convenience and to improve the usage of the Site, we may insert links to third party goods and services. These Terms and Conditions do not apply to such third-party websites. These links take you outside our Site and are beyond our control. The sites those links can take you to have their own separate privacy policy and although we seek to protect the integrity of our Site, Robert Madden Industries, Ltd. is not liable for the content and activities of those sites. Your visits and access to such websites is at your own risk. Please note that those other sites may send their own cookies to users, collect data, or solicit personal information.

You may opt out of receiving any emails from Robert Madden Industries, Ltd. at any time, and any such email you receive from Robert Madden Industries, Ltd. will contain a prominent “unsubscribe” link within the email message. Information concerning your past behavior with the Site may be retained indefinitely by Robert Madden Industries, Ltd.

Please note that although you may opt out of receiving emails, Robert Madden Industries, Ltd. reserves the right to communicate with you via email regarding specific products and services you have ordered, requested, or inquired about.

Robert Madden Industries, LTD. makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any third party content posted on the Site. Robert Madden Industries, LTD. does not control the quality, safety, truth or accuracy of such content and makes no representation thereof. The Site may contain hyperlinks to third party web sites. Robert Madden Industries, LTD. makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on such third party web sites.

Robert Madden Industries, LTD. periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Robert Madden Industries, LTD. shall have no liability whatsoever for (i) the resulting unavailability of the Site, (ii) any loss of data or transactions caused by planned or unplanned system outages, (iii) any resultant delay, mis-delivery, or non-delivery of information caused by system outages, or (iv) any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.

Robert Madden Industries, LTD. PROVIDES THIS WEB SITE AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. Robert Madden Industries, LTD. SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE. Robert Madden Industries, LTD. MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES Robert Madden Industries, LTD. MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Robert Madden Industries, LTD. SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. Some states and countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

IN NO EVENT WHATSOEVER SHALL Robert Madden Industries, LTD. or its affiliates or any of their respective employees, contractors, agents, officers, and directors BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SITE IS AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM SUCH USE. Robert Madden Industries, LTD. NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE. Robert Madden Industries, LTD.'s LIABILITY HEREUNDER IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Except as expressly authorized by Robert Madden Industries, LTD., you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Site content or the content of other users on the Site, in whole or in part, by any means. You may not modify, decompile, or reverse engineer any software related to the operation of the Site, or otherwise provided to you by Robert Madden Industries, LTD. You may not remove or modify any copyright or trademark notice, or other notice of ownership found anywhere on the Site.

Robert Madden Industries, LTD. Trademarks means all names, marks, brands, logos, designs, trade dress, slogans and other designations Robert Madden Industries, LTD. uses in connection with its products and services. You may not copy, use, remove, or alter any Robert Madden Industries, LTD. Trademarks, or co-brand your own products or material with Robert Madden Industries, LTD. Trademarks, without Robert Madden Industries, LTD.'s prior written consent. You acknowledge Robert Madden Industries, LTD.'s rights in the Robert Madden Industries, LTD. Trademarks and agree that any use of the Robert Madden Industries, LTD. Trademarks by you shall inure to Robert Madden Industries, LTD.'s sole benefit. You agree not to incorporate any Robert Madden Industries, LTD. Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations.

Certain Site content may be licensed from third parties and all such third party content and all intellectual property rights related to such content belong to the respective third parties. All third party trademarks and/or logos used on this Site are the trademarks, service marks, or logos of their respective owners. Nothing in this TOS shall confer any right of ownership of any of such third party content and/or trademarks.

Unless explicitly stated herein, nothing in this TOS shall be construed as conferring to you any license to any Robert Madden Industries, LTD. or third party intellectual property rights, whether by estoppel, implication, or otherwise. Unless explicitly stated herein, no permission is granted to you to copy, remove, publicly display, modify, or otherwise use any Robert Madden Industries, LTD. Trademarks, third party trademarks, or other content on this Site.

You agree to indemnify and hold Robert Madden Industries, LTD. and its affiliates and each of their employees, contractors, agents, officers, and directors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Site, your violation of any terms or conditions of this TOS, your violation of applicable laws, or your violation of the rights of any other person or entity.

This TOS shall be governed by and construed in accordance with the laws of the state of Texas, exclusive of its choice of law or conflicts of law rules. The exclusive venue for all litigation regarding or arising out of this TOS shall be in Lubbock County, Texas and you agree to submit to the jurisdiction of the courts in Lubbock, Texas for such litigation.

In the event that one or more portions of this TOS shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this TOS. Any delay or failure to require performance of any provision hereof shall in no manner affect any right at a later time to enforce such provision. No delay or failure in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. This TOS and any documents expressly incorporated by reference, including but not limited to the Privacy Policy, constitute the entire integrated agreement between Robert Madden Industries, LTD. and you pertaining to the subject matter hereof. In its sole discretion, Robert Madden Industries, LTD. may amend or modify this TOS or any other documents referenced herein at any time by posting such modifications on the Site. Any amended or modified terms will be effective upon posting. Continued use of or visits to the Site shall constitute your acceptance of any modified terms and conditions.