By placing an order with Malabarboutique.com (the “Website”) or by otherwise using the Website, you hereby agree to the following terms and conditions (the “Terms of Service”):
As a condition of your use of certain services offered through the Website, you may be required to register an account with us and in doing so, must provide true, accurate, and current account information at all times. You agree to promptly update your membership information (if applicable) in order to keep it current, complete, and accurate.
Account Security: You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. Should an unauthorized user gains access to the password-protected area of the Website as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.
Minimum Age: The Website and its services may only be used by persons who are 18 years of age or older. By accessing or using the Website, you represent and warrant that you are 18 years old or older.
We expressly reserve the right, at our sole discretion, to terminate a user’s account or their access to any or all areas of the Website due to any act that would constitute a violation of these Terms of Service.
You are solely responsible for the content and context of any materials you post or submit through the Website. You warrant and agree that you will not upload, post, transmit, distribute or otherwise publish through the Website any materials which: (i) are unlawful, harassing, threatening, or profane; (ii) limit or inhibit any other user from using or enjoying the Website; (iii) constitute or encourage or facilitate conduct that would constitute a criminal offense or give rise to any civil liability; (iv) contain a virus or other harmful malicious code, or (v) contain any false or misleading indications or origin or statements of fact.
You may only use this Website to make legitimate requests to purchase the products or services offered (each, a “Request”), and shall not use this Website to make any speculative, false, fraudulent, or ill-intending Requests. You may not use robots or other automated means to access this Website, unless specifically permitted by us. You represent that you are of adequate legal age to create binding legal obligations for any liability you may incur as a result of your use of this Website.
It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that, even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
You may electronically copy and print in hard-copy portions of this Website for the sole purpose of using this Website as a shopping or printing resource. Any other use of materials or Content on this Website, including reproduction for a purpose other than that noted above, without our prior written consent, is prohibited.
In addition to the foregoing and in consideration of being allowed to use the Website, you agree that the following actions shall result in a material breach of the Terms of Service:
- Collecting information about the Website or users of the Website without our explicit written consent;
- Modifying, framing, rendering (or re-rendering), mirroring, filtering, truncating, injecting, or changing any content or information contained in the Website, without our explicit written consent;
- Using any deep-link, page-scrape, index, robot, crawl, spider, macro programs, click spam, Internet agent, or other automatic device, program, algorithm or methodology which does the same or similar things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or any portion thereof;
- Disguising the origin of information transmitted to, from, or through the Website;
- Accessing or using the Website for competitive purposes;
- Impersonating another person or entity;
- Distributing viruses or other harmful computer code;
- Allowing any other person or entity to impersonate you to access or use the Website;
- Using the Website for any purpose in violation of local, state, national, international laws; or
- Using the Website in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others.
Copyright Notices for Materials on the Website
If you believe in good faith that materials appearing on this Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. A conforming notice must contain the following: (a) your name, address, telephone number, and email address (if any); (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material; (c) statement that you, the complaining party, has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (d) a statement under penalty of perjury that the information in the notification is accurate and that you are (or are authorized to act on behalf of) the owner of an exclusive right that is allegedly infringed; and (e) your physical or electronic signature as the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Links to Third Party Websites
At times this Website may contain links to websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you may leave this Website. Neither we nor any of our affiliates are responsible for any content, materials, or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding other websites, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.
Linking to our Website
Running or displaying this Website or any material or content displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations.
You agree to defend, indemnify and hold harmless the Covered Parties (as defined above) from and against any and all claims, costs, damages, and expenses, including attorneys’ fees, arising from or related to (A) your use of the Website, (B) your breach of the Terms of Service, (C) your dispute with another user, (D) the unauthorized access to any password-protected area of the Website using your password, and (E) any image or content being reproduced as part of your order. If using the Website on behalf of a Third Party (as described below), you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any Third Party.
If you use this Website to submit Requests for or on behalf of a third party (“Third Party”), you are responsible for any error in the accuracy of information provided in connection with such use as well as for any Request submitted, including related fees, charges and performance obligations. In addition, you must inform the Third Party of all Terms of Service applicable to all products or services acquired through this Website, including but not limited to all rules and restrictions applicable thereto.
User Comments, Feedback and Other Submissions
You acknowledge and agree that any comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Website (collectively, “Comments”), shall become and remain the exclusive property of us. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, nor to pay to you any compensation for any Comments submitted, nor to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent; you relinquish all rights to such Comments.
We, reserves the right to terminate your account and/or access to the Website and its services at any time, at its sole discretion. Termination by us may include removal of access to the Service, deletion of all related information and files, deletion of your password or account, deletion of content associated with your account (or any part thereof), and other steps intended to prevent your further use of the Website and its services. If you become dissatisfied with the Website, your sole and exclusive remedy is to promptly discontinue use of the Website.
Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of warranties; limitation of liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Malabarboutique, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Amendments to Terms of Service
We reserves the right, at our sole discretion, at any time or convenience, to change, modify or otherwise alter the Terms of Service at any time. You agree that we may modify the Terms of Service and such modifications shall be effective immediately upon posting. We will try to update the “LAST UPDATED” date at the top with any such modifications. You agree to review these Terms of Service periodically to be aware of changes. Continued access or use of the Website following such posting shall be deemed conclusive evidence of your review and acceptance of the modified Terms of Service except and to the extent prohibited by applicable state or federal law.
Changes to the Website
We reserve the right, for any reason, in our sole discretion, to terminate, modify, suspend or remove any aspect of the Website including but not limited to content, services, prices, features, or hours of availability. We may impose limits on certain features of the Website or restrict your access to any part, or all of the Website without notice or penalty. You agree that we will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Website.
Governing Law & Exclusive Venue for Disputes
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
You agree that a breach of these Terms of Service will cause irreparable injury to us for which monetary damages would not be an adequate remedy and we shall be entitled to equitable relief in addition to any remedies we may have hereunder or at law without a bond, other security or proof of damages.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Notices under these Terms of Service
Except as explicitly stated otherwise, any notices shall be given by email to us at [email protected] or to you at the email address you provide to us. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
How do I contact Malabarboutique.com?
Our postal address is: 2362 Water Street, Lafayette, CA 94549
We can be reached via email at [email protected].