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TERMS OF CONDITIONS

Please read the Terms and Conditions of use carefully before using this site. Maluna, LLC, a Minnesota limited liability company (“Maluna”) maintains this website as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use.

 

Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should desist your use of the website including not reviewing information or obtaining goods, services or products from this site.

 

TERMS AND CONDITIONS OF USE AGREEMENT

 

  1. Acceptance of Agreement.

The following terms and conditions govern all use of the Maluna.com and all content, services and products available at or through the website (taken together, the “Website”). The Website is owned and operated by Maluna. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Maluna’s Privacy Policy) and procedures that may be published from time to time on this Website by Maluna (collectively, the “Agreement”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, products or services provided by or through the Website, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website.

 

  1. Intellectual Property.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Website. Maluna’s posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.

In case of dispute or infringement, Maluna will rigorously defend our rights to the material. Legal action will be taken against individuals or organizations that ignore this notice and Maluna will seek reimbursement of all fees, including but not limited to attorneys’ fees and court costs, to enforce this notice and protect our rights and ownership of the materials.

 

  1. Fraud.

By creating an account on the Website, you confirm that the information provided is true and complete and you agree to abide by the Terms and Conditions of use of this Website. Please note that your account can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by Maluna in its sole discretion.

 

  1. Limited Right to Use.

The viewing, printing or downloading of any content, graphic, form or document from the Website grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).  Any unauthorized use of this Website voids the limited license granted by Maluna..  

 

  1. Editing, Deleting and Modification.

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website, including this Agreement, without further notice to users of the Website.

 

  1. Nontransferable.

Your right to use the Website is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.

 

  1. Use of Information.

We reserve the right, and you authorize us, to the use and assignment of all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy.

 

  1. Privacy Policy.

Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

 

  1. Purchases and Payments.

This Website allows you to order products and merchandise (together, the “Merchandise”). ALL PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY. MALUNA EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: (I) THE ACTIVITIES OF ANY VENDOR, (II) THE MERCHANDISE OFFERED, (III) YOUR ACCESS OR INABILITY TO ACCESS THE MALUNA MERCHANDISE OR ANY PRODUCT OR SERVICE THEREIN, OR (IV) YOUR PURCHASE OR USE OF ANY MERCHANDISE.

Maluna reserves the right to modify the price of any Merchandise, at any time and may discontinue certain Merchandise at any time in Maluna’s sole discretion. The price or availability of an item cannot be confirmed until your order is placed. Maluna reserves the right to modify the price of any Merchandise, at any time and may discontinue certain Merchandise at any time in Maluna’s sole discretion. The price or availability of an item cannot be confirmed until your order is placed.

 

In order to purchase Merchandise via this Website, you may be required to provide complete and accurate personal information, including, without limitation, your name, address, telephone number, e-mail address, credit card information and shipping address. The Privacy Policy explains how such information is collected via this Website and used by Maluna. You represent and warrant that if you are purchasing something from us that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. We do not accept reseller or sales and use tax exemption certificates for online sales.

 

  1. Links to Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Maluna.com links, and that link to Maluna.com. Maluna does not have any control over those non-Maluna websites and webpages, and is not responsible for their contents or their use. By linking to a non-Maluna website or webpage, Maluna does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Maluna disclaims any responsibility for any harm resulting from your use of non-Maluna websites and webpages.

 

  1. Submissions.

All suggestions, ideas, notes, concepts, product reviews and other information you may from time to time send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

 

You grant, represent and warrant that you have the right to grant Maluna or its affiliates a nonexclusive, royalty-free, perpetual, sub-licensable and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, sell and display your Submissions for any purpose, in whole or in part, in any form, media or technology known or hereafter developed.

 

Maluna, its affiliates and its third-party providers (“Vendors”) may monitor, edit or screen your Submissions. Maluna, its affiliates and its Vendors will not be liable for your Submissions.  You acknowledge that your Submissions are not confidential and that your Submissions may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. By your Submissions you represent and warrant that your Submissions are an original work by you or that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Maluna, its affiliates or Vendors for all claims resulting from content you supply.  

 

If Maluna determines, in its sole discretion and judgment, that your Submissions violates or may violate any of the terms of this Agreement, Maluna reserves the right to (i) refuse to allow you to upload information or otherwise transmit material; (ii) remove and delete your Submissions; (iii) revoke your right to use this Website; and/or (iv) use any technological, legal, operational or other means available to Maluna to enforce the provisions of this Agreement, including, without limitation, blocking IP addresses or deactivating your registration on this Website and participation with the Website’s interactive features.

 

You acknowledge that Maluna is not responsible for, and cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user on the Website.

 

  1. Return Policy. 

Our Return Policy is a part of this Agreement.

 

  1. Verify Members’ Address.

Maluna reserves the right to contact a Member via email to verify the accuracy of account information (including the Member’s correct name and address) that is needed to provide the Member with the information he or she requested from Maluna.

 

  1. Limitation of Liability.

Maluna will not be responsible for any damages of any kind resulting from use of this Website, including but not limited to direct, indirect, incidental, punitive and consequential damages.

 

Notwithstanding any term in this Agreement or any act or failure by Maluna or its Vendors, you are exclusively liable for any and all Submissions you transmit via this website.

 

In no even shall Maluna be liable for any breach in transaction security caused by a third party arising out of or relating to any attempt to purchase merchandise.

 

In no event shall Maluna be liable for any failure, interruption or error with respect to any aspect of this Website, including the availability of any feature or functionality.

 

In no event will Maluna, or its Vendors, suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Maluna under this Agreement during the twelve (12) month period prior to the cause of action. Maluna shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

  1. Indemnification.

You agree to indemnify and hold harmless Maluna, its contractors, and its licensors, and their respective directors, officers, employees, attorneys’ agents, and other representatives from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

 

  1. Disclaimer.

 

Maluna disclaims, to the fullest extent of the law, any responsibility for any damages resulting from downloading or accessing any information or material on the Internet through the Website. Maluna, to the fullest extent of the law, disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on or linked to by the Website. Maluna, to the fullest extent of the law, disclaims any responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or material.

THE WEBSITE AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE WEBSITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES OTHER THAN THOSE SET FORTH IN THE WARRANTY INFORMATION. MALUNA AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE WEBSITE. THE MALUNA AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

Maluna does not and cannot warrant that this Website, our servers, or email communications affiliated with the use of this Website, are free from viruses.

 

  1. Miscellaneous.

This Agreement constitutes the entire agreement between Maluna and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Maluna, or by the posting by Maluna of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Minnesota, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Winona County, Minnesota. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in La Crescent, Minnesota, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions. Maluna may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

  1.  Acceptance of Terms of Use.

By using this Website you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use this Website.

 

  1. Changes in Policy.

Maluna reserves the right to modify, alter, delete and update these policies at any time we see fit.  Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions. Your use of this Website after such amendment is posted on this Website will constitute acceptance of such amendment by you.

 

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