Macadamian Technologies Inc.

Terms of Use

MACADAMIAN TECHNOLOGIES INC. (“MACADAMIAN”, “WE”, “US”, “OUR”) OWNS AND OPERATES THIS WEBSITE LOCATED AT WWW.MACADAMIAN.COM  (THE “WEBSITE”). THESE TERMS OF USE (THE “TERMS OF USE”) APPLY TO ALL USERS OF THIS WEBSITE (COLLECTIVELY “USERS”, AND INDIVIDUALLY “USER”, “YOU”, “YOUR”).    IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE OR ANY OF ITS CONTENT.  THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY MACADAMIAN FROM TIME TO TIME WITHOUT NOTICE. YOUR USE OF THE WEBSITE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ACCEPTANCE OF SUCH REVISED TERMS.

1. Conduct.  You may use this Website to obtain information about Macadamian and its products and services, however, You shall not (a) copy, modify, or distribute any part of this Website (b) post, transmit or otherwise make available on the Website: (i) any material that is unlawful, harmful, defamatory, pornographic, invasive of another’s privacy, encourages criminal behavior, gives rise to civil liability, or is otherwise objectionable; (ii) any falsehoods or misrepresentations; (iii) any material that you do not have a right to make available under any law or under a contractual relationship; (iv) any unsolicited or unauthorized advertising, or any other form of solicitation; or (v) any material that 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 the Website or that of any Users of the Website or that compromises a User’s privacy; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted by You to or through the Website; (d) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (e) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (f) collect or store personal data about other Users or viewers; or (g) resell the content of the Website, or the use of or access to the Website or its content.

You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser.  Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.

2. Intellectual Property Rights.  If You provide Macadamian with any feedback (“Feedback“), We may use such Feedback in the Website or in any other products or services we may offer (collectively, “Macadamian Offerings“). You agree that: (a) Macadamian is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Us, (c) Macadamian may freely use, reproduce, publicize, license, assign, distribute, and otherwise commercialize Feedback in any Macadamian Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Us or any of the other Users of the Website.

3. Advertising. The Website may be provided with advertisements.  If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and that Macadamian shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.

4. DISCLAIMER OF ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS.  THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS.”  SPECIFICALLY, BUT WITHOUT LIMITATION, MACADAMIAN DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  MACADAMIAN SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.  ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL.

5. LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES SHALL MACADAMIAN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LOST SAVINGS, LOST OPPORTUNITY COSTS AND SIMILAR DAMAGES), EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE.THESE LIMITATIONS SHALL APPLY EVEN IF MACADAMIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

6. INDEMNIFICATION.  YOU SHALL INDEMNIFY AND HOLD MACADAMIAN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, ANY VIOLATION BY YOU OF THESE TERMS OF USE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).

7. Links from Third-Party Websites.  While Macadamian encourages links to the Website, it does not wish to be linked to or from any third-party website which contains, posts or transmits (i) any unlawful, harmful, defamatory, pornographic, or otherwise objectionable content of any kind (as determined in Macadamian’s sole discretion); or (ii) any information, software or other material which violates or infringes upon the rights of others. Macadamian reserves the right to prohibit or refuse to accept any link to the Website. You agree to remove any link You may have to the Website upon the request of Macadamian.

8. No Implied Endorsements.  In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Macadamian of that third party, third party product or service.

9. Privacy Statement. By providing us with any of Your personal information through posting a comment on our Website, You consent that such information may be made available to any viewers of our Website.  We collect certain statistical and other data about visitors to the Website through cookies and similar technology.  This information includes IP addresses, statistics on pages viewed, web browsers and operating systems and is reviewed and analysed to improve our Website and services.  If You have any questions or concerns regarding this privacy statement and/or the practices of Macadamian in relation to data, please contact us at HR@macadamian.com.

10. Copyright and Trademark Information.  This Website, and the information and materials that it contains, are the property of Macadamian and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws.  All Macadamian product names and logos are trademarks or registered trademarks of Macadamian. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries.  Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any materials displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Macadamian.

This Website is Copyright © 2013 Macadamian Inc.  All rights reserved.