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Terms of service

The Malaster Company, Inc. (“Malaster”) maintains this Web Site and other Malaster web sites that are linked to this Web Site (collectively the “Web Site”) and all the information, communications, software, scripting, photos, text, video, graphics, images and other materials and services found on the Web Site (collectively “Content”), for the use of its customers, employees, and members of the general public.

ACCEPTANCE OF CONTRACT TERMS

In exchanged for using the Web Site, you agree to be bound exclusively by these terms and to comply with all applicable laws and regulations. You represent you have the legal authority to accept these Web Site Terms of Use on behalf of yourself or any party you represent. If any provision of these Web Site Terms of Use is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Web Site Terms of Use.

If you do not agree to these terms, please do not use the Web Site.

The Web Site is controlled and operated in whole or in party by Malaster from its offices within the United States. BY ACCESSING THE WEB SITE YOUR AGREE THAT THE STATUTES AND LAWS OF THE UNITED STATES AND THE STATE OF OHIO, U.S.A., WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO ALL MATTERS RELATING TO USE OF THE WEB SITE, AND YOU AGREE THAT ANY LITIGATION RELATING IN ANY WAY TO THE USE OF THE WEB SITE SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN SANTA CLARA COUNTY, CA U.S.A. Those who access the Web Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. Malaster makes no representation that the Content in the Web Site is appropriate or available for use in other locations or that access to it from outside the U.S.A. is legal. As a condition of your use of the Web Site, you warrant to Malaster that you will not use the Web Site for any purpose that is unlawful or prohibited by the terms, conditions, and notices contained herein. You shall not, at any time, (a) reverse engineer, decompile or disassemble any portion of the Web Site or tamper in any way with the operation of the Web Site, or (b) insert or make use of any type of disabling device including, but not limited to, viruses, worms, Trojan horses, time bombs, cancelbots or any similar device that may impair, damage, or interfere with the proper working order of the Web Site. You acknowledge that Malaster reserves the right in its sole discretion to refuse or terminate access to the Web Site by you at any time.

RESTRICTIONS ON USE OF CONTENT

You acknowledge that the Content is the property of Malaster and is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws and other proprietary rights laws. In addition to Malaster’s ownership of the Content, Malaster or its licensors owns a copyright in the selection, coordination and arrangement of the Content. Nothing contained in this Web Site shall be construed as conferring any license or right to any copyright, trademark or other proprietary interest of Malaster or any third party. The Web Site and the Content may not be copied, distributed, or reproduced in any way, without the prior written consent of Malaster, except that you may print a single copy of the Content for personal, informational, non-commercial use provided that (i) all copyright, trademark and other proprietary notices are kept intact, and (ii) the Content is not modified in any way. The permission terminates automatically if you breach any of the Web Site Terms of Use. Malaster is not granting you any permission to use the Content other than the permission expressly stated in these Web Site Terms of Use.

SUBMISSIONS OF INFORMATION

Do not send any confidential or proprietary information to Malaster through the Web Site. Any information you do send to Malaster through the Web Site will be deemed NOT to be confidential. For any non-confidential information you do send, you hereby grant Malaster an unrestricted, royalty-free, irrevocable, worldwide license to use, reproduce, display, perform, modify, transmit, and distribute the non-confidential information, and agree that Malaster is free to use any ideas, concepts, know-how or techniques that you send Malaster for any purpose. Your personally-identifiable information you submit to us shall be treated in accordance with our Privacy Policy. You agree to assume the security risk for any information you provide using the Web Site.

REVISIONS

Malaster may revise or withdraw the Content, in whole or in part, at any time without notice. Malaster may at any time revise these Web Site Terms of Use by updating this posting. By using the Web Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Web Site Terms of Use to which you are bound.

LINKS TO THIRD PARTY WEB SITES

The Web Site may contain hyperlinks to web sites operated by parties other than Malaster. Such hyperlinks are provided for your reference only. Malaster does not control such web sites and is not responsible for their contents. Malaster’s inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators. Malaster is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such web sites, whether actual, alleged, consequential or punitive. Malaster makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY; INDEMNITY

MALASTER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE WEB SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE WEB SITE. THE CONTENT OF THE WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, MALASTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ERROR-FREE, TIMELY OR UNINTERRUPTED USE, OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. MALASTER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE WEB SITE, ITS CONTENT OR LINKS, INCLUDING, BUT NOT LIMITED TO, ORDINARY, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, WHETHER FORESEEABLE OR NOT, AND EVEN IF MALASTER HAS BEEN ADVISED OF THE POSSIBLITY OF THE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU ASSUME ALL RIGHTS AND LIABILITY FOR RESULTS OBTAINED BY THE USE OR IMPLEMENTATION OF THE WEB SITE, WHETHER SUCH RESULTS ARE USED SINGLY OR IN COMBINATIONS WITH OTHER HARDWARE, SOFTWARE OR PRODUCTS. YOU AGREE TO HOLD HARMLESS AND INDEMNIFY MALASTER FROM AND AGAINST ALL CLAIMS, JUDGMENTS, EXPENSES, AND LOSSES. FINES, LIABILITIES AND ATTORNEYS’ FEES AND COSTS, AS INCURRED, ARISING FROM OR RELATED IN ANY WAY TO A BREACH OF CONTRACT OR OTHER CLAIM MADE BY YOU AGAINST ANY THIRD PARTY, YOUR USE OF AND RESULTS FROM THE USE OF THE WEB SITE, BODILY INJURY TO ANY PERSON OR DAMAGE TO ANY PROPERTY BY YOU, YOUR NEGLIGENT OR WILLFUL ACT OR ANY BREACH HEREOF BY YOU.

ENTIRE AGREEMENT

This agreement constitutes the entire agreement between you and Malaster with respect to the Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Malaster with respect to the Web Site. No later terms sent by you shall be of any effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You agree to use the Web Site in accordance with all terms and conditions herein.

TRADEMARKS AND SERVICE MARKS

Malaster, and marks shown with an ® are owned by Malaster or their respective owners, and registered with the U.S. Patent and Trademark Office. Other trademarks, such as product and service names, found on Malaster web sites are owned by Malaster or by third parties. No Malaster trademark or service mark may be used as a hyperlink or otherwise, including but not limited to for advertising or promotion purposes, without Malaster’s prior written permission.

 

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3291 Edward Ave
Santa Clara, CA 95054 USA

Call: 877.625.2783
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