2. Technical Information
Mally, its business partners and other companies providing services to or on behalf of Mally may use various technologies, such as cookies and web beacons (1×1 pixels), to collect non-personally identifiable information discernable as a result of Your visit. As technology evolves, we may gather information through other means as well. This may include, without limitation, Your IP address, cookie information, web pages requested or viewed, date, time and domain type and responses to surveys and advertisements. Information gleaned from Your browser is automatically received and recorded on server logs. Mally and/or its service providers may use and disclose non-personally identifiable data derived for reporting purposes, for scheduling and optimization of content delivery and, of course, if required to do so by law. IP addresses also may be collected for system administration to include in outgoing mail message headers.
Mally values its relationship with You and uses commercially available technology to safeguard any personal information collected through the Site. Unfortunately, the internet is an open medium and no data transmission through the internet is completely secure. You transmit Your personal information at Your own risk and Mally does not guaranty or warranty the security of information You transmit to or from the Site other than as described herein. Once received, Your personal information is retained only as long as necessary to respond to Your questions/requests, fulfill your request for literature or other information, to provide product support, correct problems with the Site, contact You (for example, to notify You of new or improved services or Site features), to enlist Your participation in email campaigns, surveys, promotions, sweepstakes or contests, to customize Licensed Content, improve customer support services, conduct research, advertising, marketing and promotional campaigns, and to provide anonymous reporting for Our use and that of third parties. Your personal information is not shared with third parties.
Except for any personally identifiable information Mally may collect from You under the guidelines established in this Privacy Statement, any comments, product ideas, suggestions or enhancements, as well as anything embedded therein, material, information or other communication You email to Mally (collectively, “Communications”) are non-confidential and nonproprietary. Mally has no obligation to preserve the confidentiality of or refrain from disclosing any Communications. Mally has no liability for and may copy, disclose, distribute, incorporate and otherwise use all or any part of any Communications for any and all commercial or noncommercial purposes without identifying You and without compensating You.
4. User Conduct
In general, Mally expects visitors to interact with Mally and other users of the Site in a courteous manner and in compliance with all laws. Vandalism, obscene or abusive language, harassment, threats, or abuse of any nature or form on the Site, including via e-mail, post or other transmission is strictly prohibited. Impersonation of others or misrepresenting Your affiliation with Mally or another is prohibited. You may not publish through the Site any material that you know is false, misleading, contains viruses or malicious code, defamatory, vulgar, obscene, threatening, libelous, infringes upon another’s proprietary rights is invasive of another’s privacy or publicity rights, hateful, racially or ethnically objectionable or which may constitute or encourage a criminal offense, violate any law or another’s rights or otherwise give rise to liability. Mally reserves the right to remove any Communications if it is flagged as inappropriate more than 3 times.
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Site, disclose proprietary or confidential information or otherwise infringe another’s patent, trademark, trade secret, copyright or other proprietary right. You may not upload chain letters, pyramid schemes, solicitations, or commercial material of any sort to the Site. Framing, in line linking or other means of associating the Site, Marks or Licensed Content with another or with any material, link or information not originating with Mally is expressly prohibited.
Any attempt to interfere with or disrupt the Site, its servers, networks, Software, equipment or database connected to the Site, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any Software, circumvent security features such as passwords, or take any action that compromises the privacy or security of the Site, users or other visitors is strictly prohibited. Under no circumstances is or will Mally or its affiliates be liable in any way for any Communications, Your or another’s use of the Site or any Licensed Content, including but not limited to any errors or omissions in any Licensed Content, or for loss or damage of any kind incurred as a result of the use of any Licensed Content via the Site. You shall agree to release and waive all rights in the ideas, pictures or text used in any Communications.
5. Security Policy
Mally will take all reasonable precautions to insure that Your payment information is always safe. We will clear all payments through a secured gateway (authorize.net) and conform to security certificate standards for our Site. Our software encrypts all of your personal information including credit card number, name and address so that it will not be read or transmitted over the internet.
6. Return Policy
We will accept the return of any Product within 30 days of purchase. All returns are limited to the cost of the Product plus return shipping. Returns will only be valid if you use the shipping return label that we provide with the Product and We receive it in Our return facility within 30 days of purchase. All returns are only payable as a credit to the original credit card used in the purchase of the Product.
7. No Resale
Any resale of any Product is strictly prohibited. Any resale or attempted resale of any Product will result in immediate termination of all access and purchase privileges.
12. Mally’s Proprietary Rights
13. Notices and Procedures for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512©(2), notifications of claimed copyright infringement should be sent to Mally. Mally respects the intellectual property of others, and asks its users and visitors to do the same. Mally will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Mally will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
14. Disclaimers And Limitations Of Liability
While we make every commercial reasonable effort to provide excellent advice and products that deliver excellent results, Mally disclaims all representations or warranties about the accuracy or completeness of the Site or the Licensed Content. All advertised prices exclude government fees and taxes and finance charges. Mally does not target or market to and the Site is not intended for use by, children under age 13. Mally will not intentionally contact or request personal information from children under the age of 13 for any purpose except as may be reasonably necessary to obtain parental consent. Mally will not contact children under age 13 about promotions, for marketing or any other purpose without a parent’s permission, nor will it ask for more personal information than is reasonably necessary to participate in a given activity. If registration is required, upon receipt of parental consent, children under the age of 13 may access family accounts. However, the Site does not filter ads or other material children may view through the Site or linked sites, some of which may be inappropriate for children. You agree that any tips or techniques of application of our Products described on the Site shall be undertaken at Your discretion and risk and Mally shall assume no risk or liability therefrom
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE SITE AND ANY PARTICULAR FEATURE (INCLUDING BUT NOT LIMITED TO APPLICATON TIPS AND TECHNIQUES OF OUR PRODUCTS) IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MALLY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITE.
(B) MALLY MAKES NO WARRANTY (i) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR TIMELY, THAT IT IS SECURE, OR THAT LICENSED CONTENT IS ACCURATE OR ERROR-FREE, (iii) THAT PRODUCTS WILL BE AVAILABLE, (iv) THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (v) THAT THE QUALITY OF ANY PRODUCTS, THE SITE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR (OR YOUR CUSTOMER’S) EXPECTATIONS, OR (vi) THAT PRODUCTS WILL BE PROPERLY DELIVERED IN PROPER AMOUNTS.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
(E) MALLY IS NOT LIABLE FOR ANY PRODUCT WARRANTIES NOT EXPRESSLY SET FORTH ON THE SITE OR PROVIDED WITH THE PRODUCT PACKAGING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MALLY SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MALLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION, PRODUCTS AND MATERIALS SHOWN OR AVAILABLE FROM THE SITE OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITE. IN ANY CASE, MALLY’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS, IS LIMITED TO FIVE DOLLARS ($5.00). YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST MALLY WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
15. General Information