The use of the Macho Products web site, and any web site owned by Macho Products, and the sale of products and services offered on its web sites are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies and terms and conditions of sale appearing on this web site under Customer Service (collectively, the "Terms and Conditions"). Your use of this Website in any manner constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. Macho Products reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you please read them carefully each time you use this web site.
You may access and view the Content (as defined below) appearing on this web site for personal, non-commercial use only. You may download and/or copy certain portions of the Content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark or other proprietary notices contained on the Content, (b) do not modify or alter the Content in any way and (c) do not make the Content available to any third party. Macho Products reserves complete title and full intellectual property rights in any Content that you download from this web site.
You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (i) misrepresenting the identity of a user, (ii) tampering with this web site, and (iii) conducting fraudulent activities.
The Macho Products logos and trademarks, as well as other marks, trade names, trademarks and logos on this web site, are the properties of their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner.
The entire contents of this web site, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software (collectively, "Content") are subject to copyright, trademark, or other proprietary rights or licenses held by Macho Products. All Content is copyrighted as a collective work under the U.S. and international copyright laws and Macho owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content on this web site. Except as provided above, you may not make copy, modify or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, "and frame" the Content in any manner or sell or attempt to sell the Content.
Submissions to www.macho.com, Affiliated Servers, remarks, suggestions, ideas, messages and data submitted by you to Macho Products through this web site or other Macho-affiliated web sites (collectively, the "Messages") shall be and remain the exclusive property of Macho Products. Therefore, Macho discourages you from submitting Messages that you do not wish to assign to Macho, including confidential information or any original creative materials such as product ideas or original works. You represent and warrant to Macho, and accept responsibility for, the accuracy, appropriateness and legality of the Messages. Your submission of such Messages shall constitute an assignment to Macho of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Messages. Macho is entitled to use, copy modify, disclose, distribute and make derivative use of any of the Messages for any purpose without restriction or compensation in any way to you.
Modification of Content
Macho Products attempts to ensure that the Content on this web site is complete and current. Macho does not guarantee that the information contained on this web site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Macho reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, Macho reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, Macho shall promptly issue a credit to your credit card. If you are otherwise unsatisfied with your purchase, you may return it to Macho.
ALL CONTENT ON THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS WEB SITE, ARE PROVIDED "AS IS" AND ALL USE OF THIS WEB SITE IS AT YOUR OWN RISK. MACHO PRODUCTS DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF MACHO PRODUCTS, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS WEB SITE AND ANY CONTENT ON THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT MACHO PRODUCTS DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEB SITE OR THE SERVER THAT MAKES THIS WEB SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
MACHO PRODUCTS DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEB SITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEB SITE. MACHO PRODUCTS DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
Limitation of Liability
IN NO EVENT SHALL MACHO PRODUCTS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEB SITE OR ANY CONTENT ON THIS WEB SITE, EVEN IF MACHO OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEB SITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEB SITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN MACHO PRODUCTS' TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
By accessing and using this web site, you agree that your access and use of this web site is subject to the Terms and Conditions, and all applicable laws, as governed by the laws of the State of Florida, without giving effect to any principles or conflicts of laws.
Links to Third Party Websites
The Terms and Conditions constitute the entire agreement between you and Macho with respect to this web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Macho with respect to this web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Macho Products. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.