Maluhia, Inc. operates this Site to provide
online access to information about Maluhia, Inc. and the
products, services, and opportunities we provide (the “Service”).
By accessing and using this Site, you agree to each of the
terms and conditions set forth herein (“Terms of Use”).
Additional terms and conditions applicable to specific areas
of this Site or to particular content or transactions are
also posted in particular areas of the Site and, together
with these Terms of Use, govern your use of those areas,
content or transactions. These Terms of Use, together with
applicable additional terms and conditions, are referred
to as this “Agreement.”
Maluhia, Inc. reserves the right to modify this Agreement
at any time without giving you prior notice. Your use of
the Site following any such modification constitutes your
agreement to follow and be bound by the Agreement as modified.
The last date these Terms of Use were revised is set forth
below.
1. Use of Site
You may use the Service, the Site, and the information,
writings, images and/or other works that you see, hear or
otherwise experience on the Site (singly or collectively,
the “Content”) solely for your non-commercial,
personal purposes and/or to learn about Maluhia, Inc. products
and services. No right, title or interest in any Content
is transferred to you, whether as a result of downloading
such Content or otherwise. Maluhia, Inc. reserves complete
title and full intellectual property rights in all Content.
Except as expressly authorized by this Agreement, you may
not use, alter, copy, distribute, transmit, or derive another
work from any Content obtained from the Site or the Service,
except as expressly permitted by the Terms of Use.
2. Copyright
The Site and the Content are protected by U.S. and/or foreign
copyright laws, and belong to Maluhia, Inc. or its partners,
affiliates, contributors or third parties. The copyrights
in the Content are owned by Maluhia, Inc. or other copyright
owners who have authorized their use on the Site. You may
download and reprint Content for non-commercial, non-public,
personal use only (If you are browsing this Site as an employee
or member of any business or organization, you may download
and reprint Content only for educational or other non-commercial
purposes within your business or organization, except as
otherwise permitted by Maluhia, Inc., for example in certain
password-restricted areas of the Site and in our Frequently
Asked Questions). With the exception of the Sample Images,
you may not manipulate or alter in any way images or other
Content on the Site.
3. Trademarks
You are prohibited from using any of the marks or logos
appearing throughout the Site without permission from the
trademark owner, except as permitted by applicable law.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information
are provided solely as a convenience to you. If you use
these links, you will leave the Site. Such links do not
constitute or imply an endorsement, sponsorship, or recommendation
by Maluhia, Inc. of the third party, the third-party web
site, or the information contained therein. Maluhia, Inc.
is not responsible for the availability of any such web
sites. Maluhia, Inc. is not responsible or liable for any
such web site or the content thereon. If you use the links
to the web sites of Maluhia, Inc. affiliates or service
providers, you will leave the Site, and will be subject
to the terms of use and privacy policy applicable to those
web sites.
5. Linking to this Site
Unless expressly permitted, You are allowed to link to our
home page only. You may not connect “deep links”
to the Site, i.e, create links to this site that bypass
the home page or other parts of the Site. You may not mirror
or frame the home page or any other pages of this Site on
any other web site or web page.
6. Downloading Files
Maluhia, Inc. cannot and does not guarantee or warrant that
files available for downloading through the Site will be
free of infection by software viruses or other harmful computer
code, files or programs.
7. Software
Any software available for download via the Site is the
copyrighted work of Maluhia, Inc. and/or its licensors.
Use of such software is governed by the terms of the end
user license agreement that accompanies or is included with
the software. Downloading, installing, and/or using any
such software indicates your acceptance of the terms of
the end user license agreement.
8. Disclaimer of Warranties
MALUHIA, INC. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE
SERVICE OR THE CONTENT. MALUHIA, INC. EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE,
THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO
BE FURNISHED VIA THE SITE. MALUHIA, INC. DOES NOT WARRANT
THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR
THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED.
MALUHIA, INC. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS
OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE
CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED
ON AN “AS IS” AND “AS AVAILABLE”
BASIS.
9. Limitation of Liability
IN NO EVENT WILL MALUHIA, INC. BE LIABLE FOR ANY DAMAGES
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES
ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE,
THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED
THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE,
THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY
OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT,
EVEN IF MALUHIA, INC. HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE,
THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME
OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES,
MALUHIA, INC.’S LIABILITY IS LIMITED AND WARRANTIES
ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT
SHALL, IN NO EVENT, EXCEED $100.00.
10. Indemnification
You understand and agree that you are personally responsible
for your behavior on the Site. You agree to indemnify, defend
and hold harmless Maluhia, Inc., its parent companies, subsidiaries,
affiliated companies, joint venturers, business partners,
licensors, employees, agents, and any third-party information
providers to the Service from and against all claims, losses,
expenses, damages and costs (including, but not limited
to, direct, incidental, consequential, exemplary and indirect
damages), and reasonable attorneys’ fees, resulting
from or arising out of your use, misuse, or inability to
use the Site, the Service, or the Content, or any violation
by you of this Agreement.
11. Privacy
Maluhia, Inc.'s Privacy Policy is available on another page
of this site. If you have any questions regarding our Privacy
Policy, please review it directly from that page.
12. User Conduct
You agree to use the Site only for lawful purposes. You
agree not to take any action that might compromise the security
of the Site, render the Site inaccessible to others or otherwise
cause damage to the Site or the Content. You agree not to
add to, subtract from, or otherwise modify the Content,
or to attempt to access any Content that is not intended
for you. You agree not to use the Site in any manner that
might interfere with the rights of third parties.
13. Unsolicited Idea Submission Policy.
Maluhia, Inc. or any of its employees do not accept or consider
unsolicited ideas, including ideas for new advertising campaigns,
marketing strategies, new or improved products, technologies,
services, processes, materials, or new product names. We
have found this policy necessary in order to avoid misunderstandings
should Maluhia, Inc.’s business activities bear coincidental
similarities with one or more of the thousands of unsolicited
ideas offered to us. Please do not send your unsolicited
ideas to Maluhia, Inc. or anyone at Maluhia, Inc. If, in
spite of our request that you not send us your ideas, you
still send them, then regardless of what your posting, email,
letter, or other transmission may say, (1) your idea will
automatically become the property of Maluhia, Inc., without
any compensation to you; (2) Maluhia, Inc. will have no
obligation to return your idea to you or respond to you
in any way; (3) Maluhia, Inc. will have no obligation to
keep your idea confidential; and (4) Maluhia, Inc. may use
your idea for any purpose whatsoever, including giving your
idea to others.
However, Maluhia, Inc. does welcome feedback regarding many
areas of Maluhia, Inc.’s existing businesses that
will help satisfy customer’s needs, and feedback can
be provided through the many listed contact areas on the
Site. Any feedback you provide shall be deemed a Submission
under the terms in the User Supplied Information section
above.
14. User Supplied Information
Maluhia, Inc. does not want to receive confidential or proprietary
information from you via the Site. You agree that any material,
information, or data you transmit to us or post to the Site
(each a “Submission or collectively “Submissions”)
will be considered non confidential and non proprietary.
For all Submissions, (1) you guarantee to us that you have
the legal right to post the Submission and that it will
not violate any law or the rights of any person or entity,
and (2) you give Maluhia, Inc. the royalty-free, irrevocable,
perpetual, worldwide right to use, distribute, display and
create derivative works from the Submission, in any and
all media, in any manner, in whole or in part, without any
restriction or responsibilities to you.
15. Password Security
If you register to become a Maluhia, Inc.com member, you
are responsible for maintaining the confidentiality of your
member identification and password information, and for
restricting access to your computer. You agree to accept
responsibility for all activities that occur under your
member identification and password.
16. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute
the entire agreement of the parties with respect to the
subject matter hereof. No waiver by Maluhia, Inc. of any
breach or default hereunder shall be deemed to be a waiver
of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content
may contain typographical errors or other errors or inaccuracies
and may not be complete or current. Maluhia, Inc. therefore
reserves the right to correct any errors, inaccuracies
or omissions and to change or update the Content at any
time without prior notice. Maluhia, Inc. does not, however,
guarantee that any errors, inaccuracies or omissions will
be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If any
part of this Agreement is determined by a court of competent
jurisdiction to be invalid or unenforceable, it will not
impact any other provision of this Agreement, all of which
will remain in full force and effect. Any and all disputes
relating to this Agreement, Maluhia, Inc.’s Privacy
Policy, your use of the Site, any other Maluhia, Inc.
web site, the Service, or the Content are governed by,
and will be interpreted in accordance with, the laws of
the State of Illinois, without regard to any conflict
of laws provisions.
d. Claims of Copyright Infringement. Pursuant to Title
17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to Service
Provider's Designated Agent.