Last updated: April 14, 2022
Please read these Terms and Conditions of Use (“Terms” or “Terms of Use”) carefully before accessing or using the https://malkorganics.com/ website, including all information, links, tools and services available from this website and all related mobile sites, linked social media channels and other internet platforms (collectively, the “Site” or “Service”) operated by MALK Organics LLC (“MALK Organics”, “us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you acknowledge that you have read and understood these Terms and agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access or use the Service.
Intellectual Property
The Service and its original content, features and functionality (including, without limitation, all texts, marks, slogans, logos, diagrams, photographs, videos, sounds, music, layout, designs and other marketing materials) are and will remain the exclusive property of MALK Organics and its licensors. You agree not to reproduce, duplicate, copy, sell, resell, reuse, publish, transmit, distribute, create derivative works based on or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site, without first obtaining express written permission from us. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of MALK Organics’ trade names, trademarks or service marks without our express prior written consent.
Disclaimer
We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions (including, without limitation, related to product descriptions, pricing, promotions and offers). You agree that any reliance on the material on the Site is at your own risk.
We reserve the right to correct any errors, inaccuracies or omissions, and to modify the contents of the Site at any time without prior notice (including, without limitation, after you have purchased or submitted an order for our products). However, we have no obligation to correct, update, amend, clarify or modify any information on the Site, 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. You agree that it is your responsibility to monitor changes to our Site.
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without representations or warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Limitation of Liability; Indemnification
In no case shall MALK Organics or our members, managers, directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors (“MALK Parties”) be liable for any injury, loss, claim, demand, 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 (“Claims”), arising from or related in any way to your use of or access to the Service (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 or access to 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.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MALK ORGANICS AND THE MALK PARTIES FROM ANY CLAIMS, INCLUDING REASONABLE ATTORNEYS’ FEES, RELATED TO OR ARISING OUT OF (A) YOUR USE OF THE SERVICE, (B) YOUR VIOLATION OR ALLEGED VIOLATION OF THESE TERMS OF SERVICE OR (C) YOUR VIOLATION OR ALLEGED VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.
Third-Party Information
Our Service may include material from third-parties or contain links to third-party websites, material, content, products, tools or services that are not owned, monitored or controlled by MALK Organics.
MALK Organics has no control over, and assumes no liability or responsibility for, the content, privacy policies, or practices of any third-party websites, material, content, products, tools or services. You further acknowledge and agree that MALK Organics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such websites, material, content, products, tools or services. You acknowledge and agree that we provide access to such websites, material, content, products, tools or services “AS IS” and “AS AVAILABLE” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party websites, material, content, products, tools or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites, material, content, products, tools or services that you visit, access or use. Complaints, claims, concerns, or questions regarding third-party websites, material, content, products, tools or services should be directed to the third-party.
Products and Services
We reserve the right to refuse Service to anyone for any reason at any time. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Site is void where prohibited.
All descriptions of products or product pricing are subject to change at any time without notice, in our sole discretion. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate or that images will be to scale.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Information Deemed Non-Confidential
You acknowledge that you are responsible for any feedback, ideas, proposals, suggestions, comments or other materials you may submit via the Site or otherwise through the internet to us, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site or otherwise communicate to us through the internet any content that: (i) is confidential, proprietary, false, misleading, fraudulent, libelous, defamatory, obscene, threatening, harassing, offensive, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable or inappropriate; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, spyware or other disruptive code, political campaigning, chain letters, mass mailings, or any form of “spam”. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
If you do submit material, and unless we indicate otherwise, you grant MALK Organics an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that MALK Organics is free to use any ideas, concepts, and know-how that you or individuals acting on your behalf provide to MALK Organics. You grant MALK Organics and its affiliates the right to use the name you submit in connection with such material, if we so choose. All personal information provided via the Site or otherwise via the internet will be handled in accordance with our online Privacy Policy [Privacy Policy – Malk Organics]. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify MALK Organics for all claims resulting from content you post or supply.
If you provide to us any material, whether related to the Site or otherwise, you hereby acknowledge and agree that such material is not confidential, and that your provision of such material is gratuitous, unsolicited and without restriction, and does not place MALK Organics under any fiduciary or other obligation.
Minors and children (persons under the age of 18) are encouraged not to use the Site unsupervised. By using the Site, you warrant that you are 18 years of age or older.
Changes
We reserve the right, at our sole discretion, to modify, update, change or replace these Terms at any time by posting any such modifications, updates, changes or replacement Terms on our Site. It is your responsibility to check this page periodically for changes. Changes to these Terms are effective when they are posted on this page. You can review the most current version of the Terms of Service at any time on this page.
Your continued use of or access to the Site following the posting of any changes or revisions constitutes acceptance of and agreement to be bound by those changes and revised Terms. If you disagree with any part of the changes or revisions to the Terms then you should leave the Site and cease all use of the Services.
We may also, in the future, offer new features, tools and/or services through the Site (including, the release of new content and resources). Such new features, tools and/or services shall also be subject to these Terms of Service.
Termination
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you will no longer use our Services or when you cease accessing our Site. We may terminate or suspend access to our Service (or any part thereof) immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms or we suspect that you have failed to comply with the Terms.
The rights, obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions and limitations of liability.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the Texas, without regard to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by the state and/or federal courts of Harris County, Texas. By using the Services, you agree and submit to the personal jurisdiction of such venue and jurisdiction.
General Provisions
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights or provisions. If any provision of these Terms is held to be invalid, void or unenforceable by a court, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the remaining provisions of these Terms will remain in effect. These Terms and any other policies or rules posted on our Site constitute the entire agreement between you and us regarding our Service, and supersede and replace any prior agreements we might have regarding your access and use of our Service (including, without limitation, any prior version of the Terms of Service). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Contact Us
If you have any questions about these Terms, please contact us at community@malkorganics.com.