(1) WEBSITE INTRODUCTION
(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
(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.
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
(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 per day, Monday-Friday (excluding holidays or other days of closure). Most shipments will ship “same-day” if orders are submitted and received by 3PM Central Time. However, this is not a time guarantee. Shipments may ship on Saturday, or will typically ship by the following Monday. 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.
† Free-Shipping, or “Free Economy Shipping” is excluded to Hawaii, Alaska and Puerto Rico. While we value all of our customers, including those from Hawaii, Alaska and Puerto Rico, the costs are simply prohibitive to maintain competitive in the online market, therefore, they are excluded from the free-shipping guarantee. Free-shipping is only applicable to the “lower 48 states” for most items. Some items may be excluded from the Free-Shipping guarantee, such as oversized, extremely valuable, sensitive or similar items.
† Free-Shipping will be sent by the shipping service level chosen by the Madison Area Drone Service shipping department that best suites the package or items contained in it. The shipping method can be any one of the service levels provided by USPS, UPS, FedEx or DHL. Free-shipping shipments may still require a signature and most will carry insurance sufficient for the content’s value. Free-Shipping carries no delivery timeline guarantee, however, all packages should arrive within reasonable time. Should a package be clearly delayed, please reach out to a Madison Area Drone Service employee to inquire or to file a “lost package” claim.
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. Any mention of specific day counts with regards to the shipping speed is merely an estimate.
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) SALES TAX
*Tax-Free guarantee applies to all orders shipped to a location outside of the State of Wisconsin. Orders shipped within the State of Wisconsin will incur a regular state tax rate of 5.5%. Tax-Exemption may be granted to any applicable in-state sales, provided a Tax Exemption number can be provided AND a “Wisconsin Sales and Use Tax Exemption Certificate”, also known as a “Form S-211” from the Wisconsin Department of Revenue, can be proven. If a DOR form “S-211” cannot be provided or referenced, Madison Area Drone Service cannot legally verify the tax-exempt status, and the tax-exempt transaction may be declined until such documentation can be provided. It is against state law to falsify Tax-Exemption. Please have your Tax Exempt number and Form S-211 readily available before requesting a tax-exempt order. To place a tax-exempt order, you must either purchase in-store OR contact a Madison Area Drone Service via telephone or email to initiate such transaction. A legal estimate and invoice, including the tax-exempt notification, can be provided prior to proceeding with sale.
(19) 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.
(20) OTHER SITES
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.
(22) 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.
A note regarding Apple Pay (registered trademark) & similar non-contact payment: Due to increasing risk of fraudulent activity, by the use of contactless payment methods, often including stolen or compromised credit card credentials linked to contactless payment accounts, MADS reserves the right to deny or cancel any such purchase, for any reason, at any time. If we cannot verify the linked payment card belongs to you, we reserve the right to deny or cancel the purchase. If your contactless payment is accepted, we may ask to verify your photo ID and retain a black & white copy for our records. Should you be asked to verify your ID and be unwilling or unable to do so, MADS reserves the right to deny or cancel your purchase. Any order or purchase, $1000 or more, will be exempt from payment by Apple Pay (registered trademark) or any other non-contact payment method.
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.
(25) ENTIRE AGREEMENT
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.
(26) Introduction to drone rentals by Madison Area Drone Service:
Our goal is to make renting drones & similar equipment an easy, fun and safe experience. Basic Liability Insurance is included with every rental. If you plan to use your drone for a commercial operation or would like the maximum liability coverage for additional peace of mind, this is available at an additional cost (FAA Part 107 certification required). For additional peace of mind, add damage insurance to your rental term. If you really enjoyed your rental and wish you could just keep it, you can! Our Rent-To-Own program means that your rental fee is applied to the rental purchase, should you choose to purchase the rental unit within 30-days of your last rental date. Standard rental terms of 1-Day, 3-Day and 7-Day are available, with longer terms pro-rated by the day.
(27) How it works:
Select the product options above. Add to cart & check out securely online. Sign & return the digital E-File waiver you’ll receive by email after checkout (or fill out paper copy in store). Your rental starts once you have received the drone. You can pick up in-store locally OR have it shipped to your doorstep. E-Waiver completion is required prior to pickup or shipment. If you need it delivered by a certain time, please select the expedited shipping option of your choice at the checkout, for example “Next Day Air”. You’ll receive your rental in person OR by mail. Your rental will arrive fully charged and ready to go. When your rental time is up, return the drone in person OR drop it off at the UPS Store or UPS Dropoff point, or similar shipping store, by the required checkout time. You’ll receive your Refundable Deposit fee back, once the rental is returned on-time & in good condition. Fees may be deducted from the Refundable Deposit fee, depending on the return item count and condition. Your Rental Contract and Rental TOS will define the extent of these potential charges.
(28) Rental Start Time:
Your rental “starts” as soon as you receive the drone. If you are picking up locally, your rental starts once you leave the shop. If you are having your rental shipped to your door, your rental starts once we receive the confirmation of delivery from the shipper.
(29) How to receive your rental:
If you are within driving distance, stop by our local store for a quick & easy pickup. If you prefer to have the rental shipped, we’ll ship the rental to your doorstep. Your delivery address will be entered during the online cart checkout process. The equipment will arrive fully charged* and ready to go (*Batteries may not be at full 100% by the time they deliver, but should be nearly full in most cases). If you have any questions with regards to the operation of your unit or the proper device and application, please reach out to us as soon as possible. Refunds will not be granted for issues related to device or app issues on your behalf. For the best experience, we recommend renting a device with a Smart Controller, so no additional device or app is required to start using your rental.
(30) Required Check Out Time:
You are responsible for ensuring a timely return of the rental items. Please ensure that you reference your rental order time, in order to return it on schedule. For example, if your 1-Day rental started at 11:00AM on Wednesday, your required check out (return) time would be 11:00AM Thursday. Rentals not returned on-time are subject to a late-fee equal to the 1-Day rental rate, per day, until the rental is received back. Please check your email inbox to reference your order completion time, as this will be your official order start time.
Monday-Friday returns: Your rental must be returned to the store between the hours of 9AM-5PM by your rental Check Out Time OR your rental must be scanned into the UPS Store, FedEx store or similar pickup point by your rental Check Out Time.
Saturday returns: Your rental must be returned to the store between the hours of 10AM-2PM by your rental Check Out Time OR your rental must be scanned into the UPS Store or similar pickup point by your rental Check Out Time.
Sunday returns: Your rental must be returned to the store the following Monday, between the hours of 9AM-5PM by your rental Check Out Time OR your rental must be scanned into the UPS Store or similar pickup point by your rental Check Out Time. NOTE: Saturday rentals require a 3-Day minimum rental duration!
(31) How to return your rental:
Stop by our local store during our regular business hours, to drop-off the rental. Ship the drone back to us (you are responsible for return shipping costs). Return your rental in good condition. You are responsible for returning the rental in the condition you received it. If the drone, remote, propellers or other accessories is damaged in any way, heavily scratched, dropped, crashed or similar, your Refundable Deposit will be charged the corresponding amount to correct the damage. If the cost to repair the damage exceeds your Refundable Deposit amount, you will be billed the additional costs to replace or repair the necessary component pieces. To avoid such potential charges, please consider purchasing the optional Damage Insurance, explained below. If you have purchased optional Damage Insurance, you are covered for all incidental damage if the drone, remote & battery (Excludes other accessories and consumable parts).
Should you enjoy your rental and wish to purchase it, you may purchase the rental for the Rental Unit Sale Price (varies by model & model condition). Rental Unit Sale Price is typically defined somewhere on the product page, or you may ask a MADS employee for specific pricing details. Rental Unit Sale Price is non-negotiable. Your Daily Rental Rate, within the past 30-Days, may be put towards the purchase of the new model. Additional fees such as Refundable Deposit, additional Liability Insurance, Damage Insurance, Late Fees or otherwise, are not applicable to the Rent-To-Own savings program. For example, if you rented a drone for 3-Days, and your 3-Day rental charge was $160 (excluding Refundable Deposit, optional Insurance, etc.), you may apply $160 savings to the purchase of the rental model within 30-Days of your last rental date. Please contact us directly if you wish to purchase a model after rental.
(33) Damage Insurance:
With optional Damage Insurance, you can fly with peace of mind knowing that you are covered in the event of any damage that could occur during your rental duration. If you have purchased optional Damage Insurance, you are covered for all incidental damage if the drone, remote, propellers or other accessories is damaged in any way, heavily scratched, dropped, crashed or similar, however you should notify us of any damages upon the time of return. Please note that consumables such as propellers, SD cards, or other external accessories are EXCLUDED from this damage insurance policy. If you need to use any of the included extra propellers, or if these additional items are broken, you will be billed the cost of the replacement pieces. Damage Insurance DOES NOT cover fly-away, loss or theft.
The Damage Insurance covers:
Complete aircraft assembly, including gimbal/camera assembly (except propellers, SD card & gimbal clamp). Remote Controller (except control sticks & mobile device cords). Intelligent Flight Battery damage or malfunction
The Damage Insurance DOES NOT cover: Consumables such as propellers. Gimbal clamp. SD card (if included). Remote controller mobile device cords and control sticks. Charger and related cables. Retail box OR carrying case (soft, hard or backpack). Any other minor accessories other than the Aircraft, Remote and Intelligent Flight Batteries.
(34) Liability Insurance:
All drone rentals come with Basic Liability Insurance. This insurance is specific to YOU the responsible part renting the drone, and Madison Area Drone Service, the rental equipment provider.
Basic Liability Insurance is as follows: Aviation Liability, Property damage, Bodily injury, Privacy claims up to $1,000,000. Personal injury coverage up to $25,000. Medical Expense up to $500.
Commercial Liability Insurance is as follows: Aviation Liability, Property damage, Bodily injury, Privacy claims up to $2,000,000. Personal injury coverage up to $100,000. Medical Expense up to $2000. Valid to FAA Part 107 pilots only, with a current & valid certificate.
Maximum Liability Insurance is as follows: Aviation Liability, Property damage, Bodily injury, Privacy claims up to $5,000,000. Personal injury coverage up to $100,000. Medical Expense up to $5000. Valid to FAA Part 107 pilots only, with a current & valid certificate.
Liability Insurance is provided by a private vendor, specializing in UAS equipment specific liability insurance, including for rental usage. MADS reserves the right to change insurance providers at any time without notice, and MADS is not obligated to share vendor information, unless a claim is necessary.
(35) Loss, Theft or Fly-Away
You are responsible for the equipment for the duration of the rental time. Damage Insurance and Liability Insurance DOES NOT cover loss, theft or fly-away. Should loss, theft or fly-away occur, you will be charged the replacement cost of the missing equipment.
Note about “Fly-Away”: A drone fly-away is an extremely rare occurrence. While typically viewed as a mistake of the equipment, the true reason for a fly-away is almost always due to user error. This error may not be known to the pilot at the time of the event. A fly-away event is most likely to occur if the drone’s compass has not been properly calibrated, or if the drone is being operated in an unsafe environment which is subject to excessive interference, such as near a cell-phone tower, radio station, near power lines or power supply stations, or near geological formations of high magnetic deviation. Before your first flight, you MUST calibrate the compass sensor properly, outside, away from interference objects such as cars, power lines, radio frequency emitting devices, etc, to ensure reliable flight operation. In the event that GPS control is lost due to a compass error, the drone is still fully operable by the control sticks. Return-To-Home function will not work during a compass error or GPS loss. You are the pilot in control and you must regain control of the aircraft during this unlikely event. Keep the drone within line of sight and do not rely solely on the flight instrument feedback or FPV camera view for aircraft orientation and navigation.
(36) ID Verification:
In order to initiate your rental, we may need to verify your ID. If we cannot verify your ID, Madison Area Drone Service reserves the right to cancel a rental without further notification. If cancelled, your order will be refunded in full. For a list of valid forms of ID, please visit this link: Valid Forms of ID (WI)
(37) Shipping Address Verification:
Additionally, if the rental will be shipped to your address, we must be able to verify the shipping address is valid and matching to your name. Please only ship the rental to your home or place of business, in order to confirm delivery security and address confirmation. If we cannot verify the rental address, Madison Area Drone Service reserves the right to cancel a rental without further notification. If cancelled, your order will be refunded in full.
(38) Order cancellation:
Madison Area Drone Service reserves the right to cancel any rental order, at any time, for any reason. If cancelled, your order will be promptly refunded and you will receive a notification email.
(39) Rental Contract & TOS:
The Terms Of Service (TOS) as outlined above does NOT constitute a complete and legally binding rental agreement nor does it contain all of the Terms Of Service or Contract Terms necessary to accept and validate a proposed rental period. In order to finalize your rental, you will need to review, sign and return the “MADS Drone & Equipment Rental Equipment Terms and Conditions” and the “MADS Drone & Equipment Rental Equipment Contract”. The “MADS Drone & Equipment Rental Equipment Terms and Conditions” and the “MADS Drone & Equipment Rental Equipment Contract” is issued after paying for and reserving the rental, and the rental becomes valid once both documents have been signed and returned. Failure to sign and return either/both documents voids the rental agreement.
REPAIR TERMS OF SERVICE
(40) 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 pay for your repair invoice, after sixty 60-calendar days from the invoice date, following the completion of repairs, Madison Area Drone Service will consider the device as abandoned, and may dispose of the property in its sole discretion in accordance with applicable provisions of law, including sale or retention of any and all included items, regardless of repair invoice value, to recoup administrative and repair costs. As a courtesy, prior to sixty 60 days, we will send a reminder email, in addition to a final phone call attempt (if applicable), to the information on file, to inform the customer of the coming maximum due date. Failure of Madison Area Drone Service to notify a reminder DOES NOT constitute exemption from the 60-Day invoice deadline. It is your responsibility as the customer to ensure a timely payment of the applicable invoice.
(41) 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.
(42) 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. 60-Day Limited Labor Warranty DOES NOT cover customer-supplied parts. 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, accidental or incidental abuse or 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.
(43) 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.
(44) 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.
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.
(46) 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.
(47) 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.
(48) 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.
(49) Personal information
(50) Risk, Release & Indemnity Agreement
Madison Area Drone Service, LLC.
I hereby acknowledge that I have voluntarily applied to utilize the facilities, equipment, purchasable OR free products, rentals or engage in other activities such as product demonstrations, including such activities performed at locations other than the Madison Area Drone Service or MADS or STORE. I further acknowledge and understand that “flying, operating or handling drones, equipment, batteries or other activities” includes any and all activities of any kind whatsoever in which I engage or observe while at MADS, regardless of the sponsoring party.
I ACKNOWLEDGE AND UNDERSTAND THAT OPERATING DRONES (INCLUDING RENTAL DRONES), EQUIPMENT, ATTENDING PRODUCT DEMONSTRATIONS AND SIMILAR ACTIVITIES ARE INHERENTLY HAZARDOUS and involve both known and unanticipated risks which could result in damage or destruction of property and physical or emotional injury, including paralysis or death of myself or of other persons. The risks include but are not limited to being struck by a drone, propeller, broken or loose piece, shock or electrocution injury, burn injury, or being struck by flying or falling objects. I understand that such risks cannot be eliminated without compromising the essential qualities of drone-related activities and/or product experience.
I FURTHER ACKNOWLEGE AND UNDERSTAND THAT the nature and condition of the MADS facilities and activities, both on-site and off-site premises and environment is such that both known and unanticipated hazards exist which create or contribute to both known and unanticipated risks inherent in entering on to the STORE, in using STORE facilities and in engaging in or observing any activities of any kind whatsoever while at the STORE.
I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT MADISON AREA DRONE SERVICE has no duty to undertake first-aid or rescue operations or procedures in the event any such property damage or physical or emotional injury occurs, and that any such operations or procedures may result in compounded or increased damages or injuries.
I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT MADISON AREA DRONE SERVICE makes no warrant as to the design, manufacture, maintenance, condition or fitness for any particular purpose of any STORE facilities or equipment, including, but not limited to: drones, batteries, accessories, eye/hearing protection, and first-aid supplies.
As lawful consideration for being permitted by MADISON AREA DRONE SERVICE to enter on the STORE, to use STORE facilities or equipment, whether purchased in-store OR online and to engage in or observe flying drones and other activities at the STORE, or off-site including but not limited to a facilities, equipment, purchasable OR free products, rentals or engage in other activities such as product demonstrations, including such activities performed at locations other than the Madison Area Drone Service or MADS or STORE, as either a Purchaser or a Guest, I agree as follows:
I EXPRESSLY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS EXISTING WITHIN THE STORE AND IN USING STORE FACILITIES OR EQUIPMENT AND IN ENGAGING IN OR OBSERVING DRONE FLIGHTS OR OTHER SUCH EQUIPMENT DEMONSTRATIONS AND OTHER ACTIVITIES AT STORE, OR OFF SITE AT ANY NON-STORE LOCATION.
I AGREE to assume all responsibility and liability for any act or acts, even any negligent, reckless or criminal act or omission to act, or my Guests at the STORE (I understand that my “Guests” includes any and all persons who are not a direct customer of MADS, who enter the STORE, use the STORE facilities, equipment, purchasable OR free products, rentals or engage in other activities such as product demonstrations, including such activities performed at locations other than the Madison Area Drone Service or MADS or STORE, at the STORE as a result of my express invitation, permission or consent).
I AGREE TO ABIDE BY ALL MADS RULES, if expressed and applicable, and to ensure that my Guests or Attendees do so as well.
I AGREE that I, my next of kin, heirs, guardians, representatives and assigns HEREBY RELEASE AND FOREVER DISCHARGE AND AGREE NOT TO SUE MADISON AREA DRONE SERVICE or its assigns (I understand that “Madison Area Drone Service” includes any and all officer, directors, attorneys, agents, employees, contractors, volunteers, guest and affiliated individuals or organizations of Madison Area Drone Service) from and against any and all claims, demands, damages, expenses, causes of action, attachments of property, or liability of any kind whatsoever, that I, my next of kin, heirs, guardians, representatives or assigns may have, including by not limited to, property damage, personal injury or death resulting from me or my Guests entering on to the STORE, using STORE facilities, equipment, purchasable OR free products, rentals or engage in other activities such as product demonstrations, including such activities performed at locations other than the Madison Area Drone Service or MADS or STORE, even if such claims, demands, damages, expenses, causes of action, attachments of property, or liability result partially or wholly from any act or acts, even any negligent act or omission to act, including negligent or omitted first-aid or rescue operations or procedures by MADISON AREA DRONE SERVICE.
I AGREE that I, my next of kin, heirs, guardians, representatives and assigns HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS MADS from and against any and all claims, demands, damages, expenses, causes of action, attachments or property, or liability of any kind whatsoever, including reasonable attorneys’ fees and costs, that I, my next of kin, heirs, guardians, representatives or assigns, my Guests or anyone else, may have, including but not limited to property damage, personal injury or death, whether suffered by me, by my Guests, or by anyone else, resulting from me or my Guests entering on to the STORE, using STORE facilities, equipment, purchasable OR free products, rentals or engage in other activities such as product demonstrations, including such activities performed at locations other than the Madison Area Drone Service or MADS or STORE, at the STORE, even if such claims, demands, damages, expenses, causes of action, attachments or property, or liability result partially or wholly from any act or acts, even any negligent act or omission to act, including negligent or omitted first-aid or rescue operations or procedures by Madison Area Drone Service (MADS).
I ACKNOWLEGE AND AGREE that this Agreement shall be interpreted and enforced under the laws of the State of Wisconsin, and that the venue for any action or proceeding shall be the State of Wisconsin, without regard for the conflict of law rules of the State of Wisconsin.
I AGREE that any action at law (including arbitration) requiring MADS to enforce or interpret the terms of this agreement, MADS will be entitled to reasonable attorneys fees, cost, and to any other relief which MADS may be entitled.
I FURTHER ACKNOWLEDGE AND AGREE that this Agreement is intended to be as broad and inclusive as permitted by law, and that if any provision or portion is held to be invalid, void or otherwise unenforceable, I agree and intend that the remaining provisions or portion shall continue and remain in full legal force and effect,
I FURTHER ACKNOWLEDGE AND AGREE that it is my understanding and intent that this Agreement, and any signed written amendments or modifications to it, shall remain in full force and effect from the date of execution and ever after and Shall be applicable to each and every occasion that I or my Guests enter on to the STORE, use STORE facilities, equipment, products or rentals or engage in other activities at the STORE.