TERMS OF SERVICE

—–

(1) INTRODUCTION

Welcome to our website. Please take the time to specifically read these terms and conditions along with our privacy policy which governs your use and participation in our website. By accessing and using our website you accept these terms and conditions in full. Upon placing an order, you signify that you have read these terms and conditions and agree to be bound by them and comply with them in full. If for any reason you do not agree to be bound by these terms and conditions you must not use our website and can contact us for more information. Madison Area Drone Service reserves the right to amend these terms and conditions at any time without prior notification to customers. The terms “you”, “your” and “yours” as used herein refer to users of this Site (“Users”). The terms “we” “us” and “our” as used herein refer to https://widroneservice.com and Madison Area Drone Service.

(2) LICENSE TO USE WEBSITE

Unless it is otherwise noted or stated, we and/or our licencors own and operate the property rights of this website and all the material therein. All rights are reserved. Pages from this website can be viewed and printed for personal use only. The following restrictions are set out within our Terms and Conditions:

You must not:

1. Re-publish content material in any form from this website 2. Sell, rent or sub-license material from this website 3. Copy, duplicate, reproduce or exploit material from our website for any commercial purposes 4. Edit or modify any material from this website 5. Re-distribute any material from this website

(3) ACCEPTABLE USE

When using and accessing our website any intentions to cause damage, deny or prohibit accessibility to the website in any way that is unlawful, illegal or any instance of fraudulent or harmful behavior is prohibited. Using and accessing our website in order to copy, store, host, transmit, send, use, publish or distribute material that could be considered damaging to computer software is prohibited in all forms. Without prior written consent, you may not conduct or perform any systematic or automated data collections in relation to our website. Unsolicited transmission of commercial communications is prohibited. Without prior written consent, any sharing of marketing of our website for any purpose is prohibited.

(4) YOUR MADISON AREA DRONE SERVICE ACCOUNT

It is your sole responsibility to ensure that your User ID and password for your Madison Area Drone Service account are kept confidential. You agree and are bound to all terms and conditions by any activity that is performed under your Madison Area Drone Service account. It is within Madison Area Drone Service’s discretion to reserve the right to refuse service, terminate your account and cancel any orders at any time without notice or explanation.

(5) FEEDBACK; CONFIDENTIAL INFORMATION; PRIVACY

Please note that, with the exception of credit card numbers, Madison Area Drone Service does not want to receive confidential or proprietary information from you through our Web site. Any non-personal information or material sent to Madison Area Drone Service will be deemed NOT to be confidential. By sending any non-personal information or material, you grant Madison Area Drone Service an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Madison Area Drone Service is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it, or (c) we are required to do so by law.

(6) LINKS TO OTHER SITES

https://widroneservice.com provides links to other websites. We encourage you to review the terms of use of all sites that you visit, including those whose links are provided so that you can understand how those sites collect, use and share your information. https://widroneservice.com is not responsible for the privacy statements, content or data handling practices on other websites.

(7) LIMITED WARRANTIES

Madison Area Drone Service cannot warrant or guarantee the complete accuracy of all or any information published on this website, that the website will remain available at all times or that content is kept up to standards and date. To the absolute maximum under applicable law, Wisconsin Drone Service excludes all representations, warranties, and conditions that relate to this website and the use of our site. This includes, without limitation, any warranties implied by law of satisfactory quality.

(8) INDEMNITY

You hereby indemnify our website and undertake to keep us indemnified against any losses, damages, costs, liabilities, and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions.

(9) BREACHES OF TERMS AND CONDITIONS

If you breach our terms and conditions in any way, we have the right to undergo or take action as deemed appropriate and at any time may deny your access to our website by necessary means and/or bring court proceedings and legal action against you. Our terms and conditions are for the benefit of both parties but are not intended to benefit third party associations or be enforceable by any third party. Our relation to these terms and conditions is not subject to the consent of any third party. Madison Area Drone Service may suspend or terminate this Agreement or a member’s account at any time and immediately if we believe there has been fraudulent activity has been used on our website.

(10) TERMS AND CONDITIONS MODIFICATIONS AND REVISIONS

We may amend, modify, delete, or otherwise change any information, component, or page now or hereinafter contained or displayed on this Site, including, without limitation, any prices, product descriptions, terms, warranties, or these Terms of Use, at any time and from time to time without notice and the same will be effective immediately upon posting on this Site (except with respect to orders placed and accepted by us prior to the time of posting, in which event the terms and conditions in effect at the time the order was placed shall apply).

(11) CANCELLATIONS AND ADDRESS CHANGES

If you place an order on https://widroneservice.com and decide you want to cancel, you must notify us at Madison Area Drone Service support within 3 hours of placing the order where we will endeavor to resolve the issue. Delivery address changes, recipient or other specific addressee details following a completed order will not be accepted.  If you must make changes to avoid a delivery or other logistical conflict, we recommend you cancel your order, make the corrections and order again.

In the event that it is not possible to alter the order before it has been processed, please notify Madison Area Drone Service support where arrangements can be made to recover the order and a suitable resolution found.

All packages shipped outside of the United States of America mainland may incur extra duty charges. Outside of USA mainland includes: Puerto Rico, Alaska, Hawaii, Guam and other outlying islands or US territories.  Madison Area Drone Service is not responsible for any sales taxes, customs duties or other taxes charged by your customs department. To avoid any unexpected charges and rejections, please contact the customs organization in your home country regarding these policies.

Madison Area Drone Service will not be held responsible for a rejected and/or destroyed parcel on these grounds as it is the customer’s responsibility to ensure they are in compliance with such policies and conditions.

(13) FORCE MAJEURE

Madison Area Drone Service shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, severe weather conditions, governmental reforms, law changes and power failure, and Madison Area Drone Service shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as Madison Area Drone Service considers unreasonable, it may, without liability on its part, terminate the contract.

(14) PROMOTIONS, SPECIAL OFFERS & COUPON CODES

All promotions, special offers and coupon codes (hereafter referred to as offers) are subject to the above terms and conditions of the Madison Area Drone Service website. Unless specified otherwise, all offers are subject to the following terms and conditions: Offers are valid for one use per customer and may not be used in conjunction with any other offers and promotions. Offers are subject to availability.

Offers are valid until the date stated at the time of publication.

Customers who become aware of an offer after having placed an order will not be able to redeem the offer retroactively.

Madison Area Drone Service reserves the right to withdraw offers at any time with no prior warning or notification.

Redeeming third party coupon codes is the responsibility of the customer and code must be redeemed by the date stated by said third party companies. Madison Area Drone Service cannot accept coupon codes from third-party companies that are past their use-by date.

(15) SHIPPING & PERSONAL INFORMATION

Some items may be restricted in certain locations. Additionally, depending on location, some items containing hazardous or sensitive items (such as lithium batteries or thermal IR cameras) may not be able to be shipped to their requested destination. Madison Area Drone Service reserves the right to cancel any orders which cannot be completed due to the above reasons.  Madison Area Drone Service reserves the right to change a shipping method at any time for any reason, customer paid-for or not (free-shipping), in the event that we deem this action necessary.  In most cases, we’ll do our best to ensure the customer can receive the shipping method they are expecting.  Examples of possible reasons why a shipping method could be changed are listed below.

Madison Area Drone Service will ship once, or more than once, Monday through Saturday.  No shipments will physically depart on Sunday.  While we try our best to ensure that packages are shipped “same-day” this is not a guarantee, and 24-48 hours should be allotted for internal order processing, handling and shipment preparation.

Madison Area Drone Service is not responsible for what happens to a package after it has been “shipped”, with being shipped meaning scanned-in to the logistic company’s facility.  Once scanned-in, Madison Area Drone Service has no responsibility, recovery or control over the speed or delivery of the package to its scheduled destination known as the ship-to address.  Should an issue occur any time after a package has been “scanned-in”, it is the customer’s responsibility to contact the logistics company using the order information and/or tracking number.  Issues can include, but are not limited to: Delays, lost or stolen package, damaged package or package contents, late delivery, wrong-address delivery, etc.

Shipping services which indicate a certain amount of Days a package should be expected in transit (2-3 day Priority for example), are generally based off the day AFTER the package is accepted to the logistics facility.  2-3 day shipping does not mean the product will arrive to the destination day exactly 2 or 3 days from the moment of purchase.  Packages may arrive sooner, or later, relative to the time of order.

You, the customer entering the shipment details into the order box, are responsible for ensuring that your requested ship-to address is verified by USPS.  Madison Area Drone Service assumes no liability for packages and products sent to addresses which cannot be verified by USPS.   Addresses not verified by USPS may still reach their destination, but they incur a higher risk of non-delivery.

Madison Area Drone Service is not responsible for refunding (partially or fully) any purchase which is delayed, lost or stolen package, damaged package or package contents, late delivery, wrong-address delivery, or otherwise negatively impacted by the shipment process.  In the event that one or more of these issues should occur, you will need to contact the logistics company and handle it directly.

By placing an order on our website, you give Madison Area Drone Service the permission to use any or all entered information for purposes of detecting fraud or for any other reason.  This can include, but is not limited to: Name, address, phone number, internet IP address, email address, company name or similar.  Madison Area Drone Service reserves the right to enter this information into any online platform for the purposes of detecting fraud or other internal reason deemed necessary.  Please note: We do not intentionally sell or distribute information, and such information will only be used to determine possible fraud, however we do not have control over how the platform or service we use, can or will do with the information.  It is Madison Area Drone Service’s mission to keep our customers information as secure and confidential as possible and we do our best to ensure this security.

(16) PACKAGE FORWARDING

From this point herein, any international or foreign re-shipper, third-party courier company, or other shipping store of any kind of the like which accepts a package and then forwards it to a different address, will be referred to as a “Package Forwarder”.  If the final destination is not a home or business (a business other than a Package Forwarder), then we will consider this a Package Forwarder.  Madison Area Drone Service reserves the right to cancel and refund any order which is deemed being shipped to a Package Forwarder. Herein, any We will not ship to any Package Forwarder or other shipping or logistics company or service of any kind.  All ship-to addresses will be screened for possible fraudulent activity before shipments are created.  By purchasing an item on our website, you are ensuring that the ship-to address is none of the places listed above.  If your item is indeed sent to a Package Forwarder, you release Madison Area Drone Service of any liability whatsoever.  If the package cannot be delivered, is sent back, lost, stolen or otherwise, Madison Area Drone Service is not responsible for any sort of refund or compensation.  You assume all risks once the package leaves our hands if it is being sent to a Package Forwarder.  Madison Area Drone Service is not responsible for what happens to a package after it has been “shipped”, with being shipped meaning scanned-in to the logistic company’s facility.  Once scanned-in, Madison Area Drone Service has no responsibility, recovery or control over the speed or delivery of the package to its scheduled destination known as the ship-to address.

(17) EXPEDITED, RUSH OR PAID-FOR SHIPPING

Instances in which a shipping service other than “free” / $0.00 is selected and paid-for by customer, Madison Area Drone Service will do their best to meet the customer’s expectations.  All shipping methods herein referred to as “Expedited shipping” will also include other methods called Also called Overnight, Air-mail, Priority, Priority Express, 1-Day, 2-Day or other rush services, or any other customer paid-for shipping method.  Expedited shipping is NOT guaranteed and Madison Area Drone Service is not responsible for a shipping refund if the shipment is delayed beyond our control, as in a delay caused directly by our internal handling and processing times or by the local post office or shipping store, logistics company, driver, weather, acts of God, natural disaster, address issue, missed delivery, or any other delays beyond our direct control.

Please note that not all items qualify for Expedited specifically and that these items may not be necessarily clearly indicated during the checkout process.  In the event that an item is purchased that cannot be safely or legally mailed using an Expedited shipping option (lithium batteries, or items containing lithium batteries for example), then Madison Area Drone Service reserves the right to either cancel the order OR  process the order and use a Standard or Ground shipping option and refund the Expedited shipping charge paid-for by customer.

(18) TRADEMARK NOTICE

All trademarks displayed on this site are subject to the trademark rights of Madison Area Drone Service or are used under agreement by Madison Area Drone Service. These trademarks include but are not limited to, product brand names, slogans, logos, and emblems. The unauthorized use of any trademark displayed on this site is strictly prohibited. You agree not to dispute Madison Area Drone Service claims of ownership or validity of its rights in the trademarks. ALL RIGHTS RESERVED.

(19) OTHER SITES

When you visit or purchase from a web site affiliated with us or linked to this Site, your use of such other site is at your own risk and you will be subject to the terms and conditions of use applicable to such other site (including, without limitation, such site’s privacy policy). We are not responsible for examining or evaluating, and in no way make any endorsement, warranty, or representation relating to, the content of any such other site, and will not be responsible or assume any liability for the actions, products, services, or content of any such other site or its related businesses.

(20) SECURITY

We carefully guard the security of personal information submitted to us via this Site as part of our on-line purchasing process and use industry-standard encryption technology. Thus, you can shop on our site with confidence. Please note, however, that no one can guarantee complete security.

Additionally, by placing an order on our website, you give Madison Area Drone Service the permission to use any or all entered information for purposes of detecting fraud or for any other reason.  This can include, but is not limited to: Name, address, phone number, internet IP address, email address, company name or similar.  Madison Area Drone Service reserves the right to enter this information into any online platform for the purposes of detecting fraud or other internal reason deemed necessary.  This information may be screened automatically by a plug-in website software or other available software OR by manual means.  Please note: We do not intentionally sell or distribute information, and such information will only be used to determine possible fraud, however we do not have control over how the platform or service we use, can or will do with the information.  It is Madison Area Drone Service’s mission to keep our customers information as secure and confidential as possible and we do our best to ensure this security.

(21) FRAUDULENT ACTIVITY

Madison Area Drone Service has a zero tolerance for Fraudulent Activity.  An example of Fraudulent Activity would be, but is not limited to: Purchasing an item and then willingly performing a credit-card charge-back in attempt to obtain the purchased item and recover the spent funds OR sending the item to a Package Forwarder to be shipped to a local or international location and then later claiming the product was never delivered.  An intentional and dishonest charge-back, falsified delivery statement or similar activity will be considered a willing attempt to steal merchandise or commit fraud.  By using our website, you give Madison Area Drone Service full permission to use some or all of your entered personal information and/or electronically detectable user information to be shared with the necessary authorities in an attempt to stop such future activities.  Madison Area Drone Service or it’s legal partners will aggressively pursue such Fraudulent Activities if deemed necessary, within the scope and ability of local or government rules, regulations and appropriate practices in an attempt to protect our own assets and our other honest users.  By using our website and/or placing an order online, you hereby state and agree that you do not have intentions to and will not perform Fraudulent Activity.

(22) TERMINATION

We reserve the right to terminate or suspend your access to all or any part of this Site at any time and from time to time for any reason. In the event of any such termination, any limitations on our liability or that of any of our officers, directors, employees, representatives, agents, parent companies, subsidiaries, or affiliates set forth herein shall continue to apply.

(23) SEVERABILITY

If any provision of these Terms of Use or of any other page found on this Site is held invalid or unenforceable, in whole or in part, by competent authorities in any jurisdiction, such provision shall, as to such jurisdiction only, be deemed severable and ineffective to the extent of such invalidity or unenforceability and shall not affect the validity or enforceability of any remaining provisions.

(24) ENTIRE AGREEMENT

These Terms of Use and the terms and conditions set forth or referred to in other pages of this Site constitute the entire understanding and agreement between you and Madison Area Drone Service concerning the subjects covered herein.

IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.

REPAIR TERMS OF SERVICE

Authorizing Work:

You, the customer (“You”), authorize Madison Area Drone Service (“Store”) to perform the work described in the Estimate (“Service”) on the device (“Your Device”) identified as per the approved Repair Estimate or within the contexts of the email between the Store employee, or verbally via a phone call between You & a Store employee, or between an in-person verbal conversation between You and the Store employee, subject to these Terms and Conditions. If Your Device is under any applicable manufacturer’s warranty, then the terms of Madison Area Drone Service’s Limited Warranty (see below) also apply and will control if there is any conflict with these terms. In particular, the manufacturer limited warranty may be voided by performing any such repair, and Madison Area Drone Service is not responsible for any such warranty issues that may arise after such repair, inspection, or any other action performed within our possession.  If you fail to pick up your device or otherwise arrange for its return after repeated efforts to contact you, after sixty (60) days following the completion of repairs Madison Area Drone Service will treat the device as abandoned, and may dispose of the property in its sole discretion in accordance with applicable provisions of law, including sale to recoup administrative and repair costs.  As a courtesy, prior to sixty (60) days, we’ll send a letter by mail, in addition to one email & final phone call attempt, to the information on file, to inform the customer of the coming maximum due date.

Data on Device:

You are solely responsible for backing up any data on Your Device and deleting, encrypting or otherwise protecting your data from unauthorized use. Madison Area Drone Service will not back up or restore your data without permission, and is not responsible for any data that is lost or corrupted, either intentional or by accidental circumstances. Madison Area Drone Service will not treat data on Your Device as confidential and disclaims any agreement with you or other obligation to do so.

Madison Area Drone Service Responsibilities & Limited Labor Warranty:

Madison Area Drone Service may use rebuilt, reconditioned, or new parts or components when repairing Your Device. If Your Device should malfunction within 60 days after repair as a direct result of the repair work performed at Madison Area Drone Service, it must be returned to the Madison Area Drone Service store or service center for evaluation, and all costs of shipping will be borne solely by the purchaser. Madison Area Drone Service customer service department will diagnose the repair upon receipt. Upon examination by Madison Area Drone Service, if Your Device is found to be defective due to a direct result of the repair work that was previously performed by on of our technicians while checked in for repair, it will be repaired or replaced at no charge. This warranty does not include failures due to part failure, unless specifically guaranteed elsewhere.  This warranty does not cover any issues not a result of direct fault of the direct work completed by Madison Area Drone Service.  This warranty does not apply to defects resulting from any action by you, including but not limited to mishandling, physical damage, water damage, improper interfacing, operation outside of design limits, improper repair by someone other than Madison Area Drone Service, use of any other product other than Madison Area Drone Service parts or products, or unauthorized modification. This warranty is VOID if Your Device shows evidence of having been tampered with (broken seal) or shows evidence of being damaged as a result of excessive corrosion; or current, heat, moisture or vibration; improper specification; misapplication; misuse; abuse or other operating conditions outside of Madison Area Drone Service’s control. The warranty is also VOID if customer performs any software modifications not limited to restore, deleting or altering aircraft flight logs, updating software on the device, downloading unauthorized or unapproved software, viruses, malware, spyware, or attempts to modify any software that has been installed after repair, including manufacturer updates. Madison Area Drone Service employees reserve the right to VOID its warranty if any improper software installations or modifications have been made after customer has left the store location. Unless otherwise required by law, all replaced devices, parts, components, boards and equipment will become the property of Madison Area Drone Service, and you waive all rights you may have under state or other laws to the replaced device or repaired or replaced parts.  Madison Area Drone Service is not responsible for any warranty repair for issues confirmed or found after the repair has been completed, if confirmed by anyone other than an employee of Madison Area Drone Service.

LIMITATION OF LIABILITY/INDEMNITY:

THE LIMITED WARRANTY STATED ABOVE SETS OUT THE FULL EXTENT OF MADISON AREA DRONE SERVICE’S RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING WORK PERFORMED OR PARTS SUPPLIED BY MADISON AREA DRONE SERVICE IN CONNECTION WITH THE SERVICE ON YOUR DEVICE. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE LIMITED WARRANTY. IN NO EVENT WILL MADISON AREA DRONE SERVICE BE LIABLE FOR DAMAGES IN EXCESS OF THE TOTAL AMOUNT DUE FOR THE SERVICE, INCLUDING WITHOUT LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF USE, TIME, DATA, REPUTATION, OPPORTUNITY, GOODWILL, PROFITS OR SAVINGS; INCONVENIENCE; INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. MADISON AREA DRONE SERVICE IS NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE TO THE EXTENT CAUSE BY CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. YOU AGREE TO INDEMNIFY MADISON AREA DRONE SERVICE FROM AND AGAINST ANY CLAIMS BROUGHT AGAINST IT ARISING FROM YOUR BREACH OF APPLICABLE LAW OR THESE TERMS AND CONDITIONS.

No Modification:

No agent, employee, dealer, representative or reseller is authorized to modify these Terms and Conditions, to extend the Limited Warranty above or to make binding representations or claims, whether in advertising, presentations or otherwise, on behalf of Madison Area Drone Service regarding the Service.

Severability

You and Madison Area Drone Service agree that it is our intention that these Terms and Conditions be enforceable in accordance with their terms to the fullest extent permitted by law. You and Madison Area Drone Service agree that if any portion of these Terms and Conditions are adjudged by a court or arbitrator to be invalid or unenforceable, that adjudication will not invalidate the remainder of these Terms and Conditions and they will be fully enforceable.

Entire Agreement

To the extent permitted by applicable law, these Terms and Conditions state all terms agreed by the parties and supersede all other agreements by the parties relating to its subject matter.

Meta – Data

You understand and agree Madison Area Drone Service will collect Meta – Data logs during diagnostic evaluation to improve overall future functionality of diagnostic tool and symptom evaluation in the repair process. The data collected will be used solely by Madison Area Drone Service to enhance and improve this process, may be shared with Madison Area Drone Service affiliates, and will not be distributed further without your consent. Data types that may be collected from your device include, but is not limited to: flight log data, device phone number, device model number, device IMEI, device serial number, downloaded applications & their respective settings and host applications & their respective settings.

Applicable Law & Dispute Resolution:

The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms and Conditions will be governed by the laws of the State of Wisconsin.  Should any conflict arise, all matters must be settled between the parties within the court systems within the state of Wisconsin.

Personal information

Personal information that you provide on this repair ticket form or any other method of communication (such as an email or mailing address) will be used to fulfill the service you have requested and as otherwise permitted in our Privacy Policy; Madison Area Drone Service will not sell, rent or otherwise disclose such information (except as needed to Madison Area Drone Service service vendors or as permitted in our privacy policy) without your prior approval.