Welcome to the Midnight Machete Web Site ("Site"). Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by the terms (the "Agreement"). Midnight Machete recommends that children use the internet under adult supervision.
We may change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to our Site from time to time.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Midnight Machete collectively and/or its subsidiaries and affiliates ("Midnight Machete"). The Site as a whole is protected by copyright and trade dress. All worldwide rights, title and interests are reserved. Midnight Machete, midnightmachete.com and all other Midnight Machete trademarks appearing at this Site are trademarks of Midnight Machete. The Contents of our site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
User Comments, Feedback, and other Submissions
We welcome your feedback on the Site. All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Midnight Machete on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Midnight Machete's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Midnight Machete of all worldwide rights, title and interests in all copyrights and other intellectual property in the Comments. Midnight Machete will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Midnight Machete is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments; or (3) to respond to any user Comments. You represent that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further represent that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
Product Availability & Pricing
All Midnight Machete products displayed at the Site are available while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in all sizes and colors. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Midnight Machete shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Midnight Machete shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Midnight Machete shall immediately issue a credit to your PayPal account in the amount of the incorrect price.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your computer monitor, we cannot guarantee that your monitor's display of any color or texture or detail of actual merchandise will be accurate.
Limits on Purchases
We do not authorize the purchase of our merchandise for resale purposes. To enforce this policy, we reserve the right to limit purchases to five (5) items per style, per color, per customer and/or address (excluding "stock accessories"), regardless of size of the merchandise. We also reserve the right to cancel multiple orders of merchandise purchased in violation of this policy. We may modify this policy at any time for any reason and we may make exceptions to this policy, as we deem appropriate.
Links to Other Web Sites and Services
To the extent that this Site contains links to outside services and resources, the availability and content of which Midnight Machete does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Midnight Machete makes no representation or warranty that any web site links contain suitable, appropriate materials.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE BY YOUR USE OF THE SITE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT Midnight Machete SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
You agree to defend, indemnify and hold Midnight Machete harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any claim by a third party that your Comments infringe the third party's rights.
Unless otherwise specified and except to the extent Midnight Machete products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Midnight Machete's products and services available in the United States and select foreign markets. This Site is controlled and operated by Midnight Machete from its offices in Chicago, Illinois.
This Agreement shall be construed in accordance with the laws of the State of Illinois, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Illinois and/or the County of Cook.
Midnight Machete may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Midnight Machete's sole discretion you fail to comply with any term or provision of this Agreement.