Terms of Service
Welcome
Welcome to the Maddox.com website owned and operated by Maddox Industrial Transformer, LLC. (“Maddox,” “we” or “us”). The Maddox.com website together with the content, software, services, and functionality offered on or through the website, are collectively referred to as the “Maddox Property” in these Terms of Service. The Maddox Property offers industrial transformers to help keep your business running. We make the Maddox Property available to you subject to your agreement to these Terms of Service. These Terms of Service (including all documents, policies, conditions and notices) referenced in these Terms of Service) are collectively referred to as the “Agreement.” In this Agreement, the words “include” and “including” will not be construed as terms of limitation. The Agreement is a legally binding contract between you and Maddox. By accessing the Maddox Property in any way, including, without limitation, browsing the Maddox Property, using any information contained on or in the Maddox Property, and/or submitting information to Maddox, you agree to and are bound by this Agreement, including, but not limited to, conducting transactions electronically, disclaimers of warranties, and damage and remedy exclusions and limitations.
Updates to the Agreement
From time to time, Maddox may update the Agreement. If we materially update any portion of the Agreement, we will notify you by posting a revised Agreement through a notice on our website before the date the update becomes effective. We will also post the updated Agreement in its original location marked with the new date. Changes will not be retroactive. If you object to any changes, you should not access or use the Maddox Property. Your continued access or use of the Maddox Property after we publish our changes to the Agreement means that you are consenting to the updated terms. By accessing or linking to the Maddox Property, you assume the risk that the information on the Maddox Property may be incomplete, inaccurate, or out of date, or may not meet your needs and requirements. Maddox may add, change, discontinue, remove or suspend any of the information, features and other content included in the Maddox Property at any time, without notice and without liability. Due to the open nature of the Maddox Property, and the potential for errors in the storage and transmission of digital information, Maddox does not warrant the accuracy of information contained on or obtained from the Maddox Property.
Your Right to Use Maddox Property
Maddox grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, fully revocable license to access and make use of the Maddox Property solely for legitimate non-commercial, business purposes, and as permitted by the features and functionalities of the Maddox Property, subject to this Agreement. Any access or attempt to access other areas of Maddox Property or any Maddox systems or other information contained on Maddox Property or Maddox systems for any other purposes is strictly prohibited. You will not (i) remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Maddox Property, or on any materials printed or copied from the Maddox Property; or (ii) dilute, tarnish or otherwise harm our brand in any way, including through unauthorized use of Maddox Property, registering and/or using Maddox or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Maddox domains, trademarks, taglines, promotional campaigns or Maddox Content.
Eligibility
You may use the Maddox Property only if you can form a binding contract with Maddox, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Maddox Property by anyone under eighteen (18) years of age is strictly prohibited and in violation of this Agreement.
Availability of Maddox Property
Due to the nature of the Internet, we cannot guarantee the continuous and uninterrupted availability of any portion of the Maddox Property and are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control. We may temporarily restrict the availability of the Maddox Property or certain areas or features thereof with or without notice. We may from time to time change, discontinue, enhance and modify the Maddox Property and introduce new features or functionality from time to time. You agree that you do not have any rights in the Maddox Property and that Maddox will have no liability to you if the Maddox Property is discontinued or your ability to access the Maddox Property or any content you may have posted on the Maddox Property is terminated.
Hypertext Links
The Maddox Property may be linked to other sites that are not maintained by Maddox. Maddox is not responsible for the content of or privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Maddox of the linked sites. Maddox disclaims any and all liability for links: (i) from another site to the Maddox Property, and (ii) to another site from the Maddox Property.
Chat functionality
Maddox may make available certain messaging features through the Maddox Property that allow you to message and share content with a customer service representative in real time (the "Messaging Service"). In addition to any other requirements in the Agreement, when using the Messaging Service, you must ensure that any messages, images or other content that you upload to the Messaging Service comply with the paragraph below headed "Uploading Images, Reviews and other Content" and you must not: (i) threaten or abuse any customer service representative through the Messaging Service, or abuse or invade another person's privacy, or cause annoyance, inconvenience or needless anxiety, or do anything through the Messaging Service that is likely to harass, upset, embarrass, alarm or annoy any other person; (ii) advocate, promote or engage in any illegal or unlawful conduct, including any criminal activity, fraud or money laundering, or conduct that causes damage or injury to any person or property; (iii) promote or advertise any goods or services or send any unsolicited marketing communications through the Messaging Service. Failure to comply with the above paragraph may result in us immediately suspending or terminating your access to the Messaging Service and/or the Maddox Property; issuing a warning to you; taking legal action against you (including proceedings for reimbursements of all costs, including reasonable administrative and legal costs, that we incur as a result of your breach); disclosing such information to law enforcement authorities as we reasonably believe is necessary; and taking any other steps that we reasonably deem appropriate.
Accessibility
We believe everyone should be able to easily shop online at www.maddoxtransformer.com and access our services easily. We set high standards for web accessibility and constantly strive to ensure we’re in compliance with all laws and guidelines. Our team is filled with professionals who are dedicated to making your online experiences the best they can be. We welcome feedback from guest experiences.
Maddox Content
Content on the Maddox Property that is provided by Maddox or its licensors, including software, graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product, service and program names, slogans, and the compilation of the foregoing ("Maddox Content") is the property of Maddox or its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Except as explicitly provided herein, nothing in the Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license download, screenshot, rent, modify, distribute, copy, reproduce, transmit, display to third parties, publicly perform, publish, adapt, edit or create derivative works from any Maddox Content.
Uploading Images, Reviews and other Content
From time to time on certain areas of the Maddox Property you may be able to submit or transmit to, though, or in connection with the Maddox Property any information (including personal information), text, links, graphics, photos, images, audio, videos, and all other forms of data or communication ("User Content"). By submitting or otherwise transmitting any User Content on or through the Maddox Property, you hereby grant to Maddox a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third-party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties (including other users), for use with marketing or on other media or platforms known or hereinafter developed. Insofar as User Content includes personal information, including. but not limited to, images or photographs of individuals, you agree that such personal information will be used or disclosed for these purposes. Maddox does not guarantee any confidentiality with respect to any of your User Content. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to this Agreement and the license described herein. You represent and warrant that you own or have a valid license to use and provide to Maddox the User Content submitted, displayed, published or posted by you on the Maddox Property and otherwise have the right (including the necessary licenses and/or permissions from third parties) to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and Maddox’s use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
Third-Party Technology, Websites and Applications
The Maddox Property may include third-party technology, services, software, applications, and links to third-party websites (“Technology”). Maddox is not responsible for the practices or policies of such third parties, nor the content of any third-party website or application, and does not make any representation regarding third-party product or Technology, or content or accuracy of any material on such websites or applications. If you decide to use any such third-party website or application, you do so at your own risk. To the extent applicable, your use of such third-party Technology is subject to this Agreement as well as the additional terms and conditions as Maddox may provide to you from time to time.
Acceptable Use of the Maddox Property
Your permission to use the Maddox Property is contingent on your compliance with all applicable law, in addition to the following rules:
Harm to Others
You will not engage in any activity that, in our sole judgment, restricts or inhibits any other person from using or enjoying any aspect of the Maddox Property or exposes or may expose any users or visitors to the Maddox Property to any harm or liability of any sort, whether by posting User Content or otherwise, including by (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, or disguising the origin of any posting that you submit; (ii) threatening, stalking, harming, or harassing others, or promoting bigotry or discrimination; (iii) discriminating against or harassing anyone on the basis of race, national origin, religion, gender, physical or mental disability, medical condition, marital status, or age; (iv) engaging in any unlawful, tortious, threatening, defamatory, libelous, obscene, violent, harmful, abusive or disruptive behavior; or (v) violating, infringing or invading anyone else’s rights, including posting any User Content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior; (ii) you suspect of stealing from you; or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
Unauthorized Use of Maddox Content
You will not download, display, or use any Maddox Content: (i) for use in any publications, in public performances, or on websites or applications other than the Maddox Property; (ii) for any unpermitted commercial purpose; (iii) in connection with products or services that are not those of Maddox; or (iv) in any other manner that is likely to cause confusion, that disparages or discredits Maddox and/or its licensors, or that dilutes the strength of Maddox’s or its licensor's intellectual property, or that otherwise violates, infringes or misappropriates Maddox’s or its licensors’ intellectual property rights or proprietary rights or constitutes any other misuse of Maddox Content. Use of the Maddox Content for any purpose not expressly permitted by the Agreement is strictly prohibited.
Harm to Our Systems, Property and Security
When using the Maddox Property, you will not: (i) use any electronic communication feature of the Maddox Property for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (ii) retrieve, index, scrape, data mine or otherwise gather any Maddox Content, Maddox Property, or other data, content or materials (including through use of any robot, spider, screen scraping, web harvesting, data extraction, or similar software or technologies). In addition, you will comply with Maddox’s robots.txt file, if any; (iii) reproduce or circumvent the navigational structure or presentation of Maddox Content or Maddox Property; (iv) upload, post, reproduce, or distribute any information, software, content or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (v) collect or store personal information about other users; (vi) use the Maddox Property for any commercial transactions that are unrelated to the purposes for which the Maddox Property was provided; (v) upload, post, email, or otherwise transmit any advertising or promotional materials, spam or any other form of solicitation or unauthorized communication, either directly through the Maddox Property (including through its interactive features) or to users through communication channels outside of the Maddox Property, or otherwise contact another user through the Maddox Property or unsolicited outside of the Maddox Property for any purpose; and (vii) upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality or operation of the Maddox Property, any feature of the Maddox Property, or any computer software or hardware or telecommunications equipment.
Intellectual Property Rights
Subject to the licenses granted in this Agreement, you retain ownership of any copyright and other rights you have in User Content, except that you irrevocably waive, and cause to be waived, against Maddox, our affiliates and other users, any claims and assertions of moral rights or attribution with respect to User Content. As between you and Maddox, we (or our licensors) own the Maddox Property, and the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with Maddox and the Maddox Property, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. Except as expressly provided in the Agreement, we do not grant you any express or implied rights in the Maddox Property. You understand and agree that you have no ownership rights in the User Account or any other account you may have with Maddox, or other access to the Maddox Property or features therein.
Trademarks
Trademarks, trade names, product names and logos (the “Trademarks”) contained in or used by the Maddox Property or third-party Technology are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner.
Feedback
We welcome and encourage Feedback. You may submit Feedback by emailing us at or by other means of communication, including your User Content. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you and you shall have no privacy rights in such Feedback. With respect to your Feedback you acknowledge that: (i) Maddox receives numerous submissions from many parties and/or may have independently developed and/or considered ideas similar to your Feedback, and that Maddox’s review of your Feedback is not an admission of novelty, priority or originality; and (ii) Maddox’s use of any ideas similar to your Feedback, whether based on your User Content, provided to Maddox by third parties, or independently developed or considered by Maddox, shall be without obligation to you. By submitting Feedback to us, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against us or our users any claims and assertions of any moral rights contained in such Feedback. “Feedback” includes concepts, ideas, feedback, materials, proposals, suggestions and the like relating to Maddox, the Maddox Property or Maddox’s initiatives.
Indemnification
You agree to indemnify, defend and hold Maddox, its parents, affiliates, subsidiaries, officers, employees, and subcontractors, and each of their officers, employees and agents, harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of the Terms or which arises from the use of User Content you submitted, posted, or otherwise provided to Maddox or the Maddox Property.
Representations and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY, AS THIS SECTION LIMITS MADDOX’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE MADDOX PROPERTY, THE MADDOX CONTENT, USER CONTENT, OR ANY OTHER MADDOX PROPERTY FEATURE OR FUNCTION. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE MADDOX PROPERTY. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. MADDOX MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OR FUNCTIONS OF THE MADODX PROPERTY, THE MADDOX CONTENT, USER CONTENT, OR ANY OTHER MADDOX PROPERTY FEATURE OR FUNCTION, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH MATERIAL OR SYSTEMS WILL BE AT YOUR OWN RISK. MADDOX MAKES NO REPRESENTATIONS REGARDING THE AMOUNT OF TIME THAT ANY CONTENT OR USER CONTENT WILL BE PRESERVED. MADDOX DOES NOT ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY INFORMATION PROVIDED BY USERS AND NOTHING SHALL BE CONSIDERED AS AN ENDORSEMENT, VERIFICATION OR GUARANTEE OF ANY USER CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY USE OR RELIANCE ON ANY USER CONTENT WILL BE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY SUCH USE OR RELIANCE. YOU SHALL NOT CREATE OR DISTRIBUTE INFORMATION, INCLUDING BUT NOT LIMITED TO ADVERTISEMENTS, PRESS RELEASES OR OTHER MARKETING MATERIALS, OR INCLUDE LINKS TO ANY SITES WHICH CONTAIN OR SUGGEST AN ENDORSEMENT BY MADDOX WITHOUT THE PRIOR REVIEW AND WRITTEN APPROVAL OF MADDOX. YOU ARE RESPONSIBLE FOR ENSURING THAT ALL PRODUCTS YOU FIND THROUGH THE VISUAL SEARCH FUNCTIONALITY MEET YOUR REQUIREMENTS, AND WE WILL NOT BE RESPONSIBLE TO YOU FOR ANY LOSSES YOU OR SOMEONE ELSE WHO MIGHT SUFFER AS A RESULT OF YOUR USE OF THE VISUAL SEARCH FUNCTIONALITY, INCLUDING IF YOU BUY ANY PRODUCTS FOUND THROUGH THE VISUAL SEARCH FUNCTIONALITY THAT ARE MISMATCHED, MISDESCRIBED OR UNSUITABLE FOR YOUR NEEDS. THE MADDOX PROPERTY IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE MADDOX PROPERTY OR ANY INFORMATION OR TECHNOLOGY THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MADDOX OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE MADDOX PROPERTY, NOR SHALL MADDOX OR ITS LICENSORS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND MADDOX's OR ITS LICENSORS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE MADDOX PROPERTY'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL MADDOX, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND OTHER RIGHTS MAY BE AVAILABLE.
Privacy and Security
On certain areas of the Maddox Property, you may be given the ability to provide Maddox with personal information. Any personal information you have provided, may provide, or that may be collected by us in connection with your use of the Maddox Property will be collected, maintained and used in accordance with this Agreement and any additional terms applicable to an individual product, service or promotion. Please read the Maddox Privacy Policy for more information about Maddox’s information collection and use practices, which policy applies to information collected on the Maddox Property and your use of the Maddox Property is subject to that policy.
Miscellaneous
The Agreement operates to the fullest extent permissible by law. Accessing materials on the Maddox Property by certain persons in certain countries may not be lawful, and Maddox makes no representation that materials on the Maddox Property are appropriate or available for use in locations outside the United States. If you choose to access the Maddox Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. If Maddox fails to act with respect to your breach or anyone else's breach on any occasion, Maddox is not waiving its right to act with respect to future or similar breaches. If any provision of the Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions of this Agreement.
