These General Terms and Conditions of Use ("Terms") are entered into by and between you and Malhame and Co., a New York corporation ("Malhame"). In consideration of your use of and access to this Internet site (the "Malhame.com Site"), and the promises and obligations herein, and intending to be legally bound, you and Malhame hereby agree as follows:
Your access to and use of the Malhame.com site is subject to these terms. BY USING THE Malhame.com SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Malhame.com Site.
Among other things, the Malhame.com site provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in the Malhame.com site in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the Malhame.com site contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these terms. To the extent there is a direct conflict between these terms and the Specific Terms, the Specific Terms shall prevail.
2. Changes in Terms.
Malhame shall have right at any time and without prior notice, at its sole discretion, to revise these terms or to impose new terms and conditions with respect to access to or use of the Malhame.com site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Malhame.com site. You are responsible for reviewing the Malhame.com site periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Malhame to these terms. ANY ACCESS OR USE OF THE MALHAME.COM SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these terms by any party other than Malhame shall be valid or enforceable against Malhame unless expressly agreed to by Malhame in a writing signed by a duly authorized officer of Malhame.
These terms are effective until terminated by Malhame. Malhame may terminate these terms without notice and at any time. In the event of termination, you are no longer authorized to access the Malhame.com site, and the restrictions imposed on you with respect to the content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
Malhame shall also have the right without notice and at any time to terminate the Malhame.com site or any portion thereof, or any products or services offered through the Malhame.com site, or to terminate any individual's right to access or use the Malhame.com Site or any portion thereof.
4. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Malhame.com site and your purchase of the items on the Malhame.com site. You must be at least 18 years old to use the Malhame.com site.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Malhame.com Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content."
The content may contain errors, omissions, or typographical errors or may be out of date. Malhame may change, delete, or update any content at any time and without prior notice. The content is provided for informational purposes only and is not binding on Malhame in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Malhame or by third parties that have licensed their use to Malhame. You may view and use the content only for your personal information if you are a consumer and for shopping and ordering on the Malhame.com site if you are a Malhame customer, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Malhame does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the content on or transmitted through the Malhame.com site, including without limitation by transferring, downloading or otherwise copying any content onto any disk drive or other storage medium. Any use of the content, except as specifically permitted in these terms or as otherwise expressly permitted in the content or in a writing signed by Malhame, is strictly prohibited.
6. Linked Third Party Sites.
Links to other Internet sites operated by third parties, including Malhame customers, do not constitute sponsorship, endorsement, or approval by Malhame of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Malhame, and Malhame is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
7. Prices; Orders.
All prices displayed on the Malhame.com site are quoted in U.S. dollars. Malhame will add shipping and handling fees. Malhame reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Malhame.com site without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on the Malhame.com site do not constitute a warranty, by Malhame.
The receipt by you of an order confirmation does not constitute Malhame's acceptance of an order. Prior to Malhame's acceptance of an order, verification of information may be required. Malhame reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Malhame, for any reason. Malhame reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
In the event that a product or service is listed at an incorrect price due to typographical error, Malhame shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed.
The risk of loss and title for all products purchased by you and shipped by Malhame pass to you upon Malhame's delivery to the carrier for shipment.
8. Disclaimer and Limitation of Liability as to the Malhame.com site and content.
MALHAME MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE MALHAME.COM SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. MALHAME ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE MALHAME.COM SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MALHAME.COM SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE MALHAME.COM SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE MALHAME.COM SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL MALHAME, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE MALHAME.COM SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF MALHAME IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Returns Policy.
• Please check your order immediately upon receipt.
• All requests for returns must be made within 20 days of receipt of merchandise.
• After 20 days, Malhame considers all orders final.
• All returns must be authorized by our returns department and be issued a return authorization number.
Returns will not be accepted without an authorization number.
• All unauthorized returns will be subject to a 10% re-stocking fee. The account will also be required to pay the shipping charges.
• Returned merchandise must be in saleable condition. All returned merchandise not in saleable condition will be not be credited.
If a shipment arrives damaged, please notify U.P.S., R.P.S. or the Freight Company immediately.
Call our returns department, ext. 238, to inform them that a claim has been filed.
Malhame cannot take action until the claim has been filed.
You agree to defend, indemnify, and hold harmless Malhame, Malhame's vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these terms or your access to or use of the Malhame.com site. The foregoing indemnification obligation shall survive termination of these Terms and the Malhame.com site and any product or service provided to you arising out of or relating to your use of the Malhame.com site.
Except as otherwise expressly provided herein or in the Malhame PRIVACY STATEMENT posted on the Malhame.com site, any communication or material you transmit to the Malhame.com Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by Malhame, Malhame vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Malhame, Malhame vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Malhame.com site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.
These terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Malhame of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the terms and shall not affect the validity and enforceability of any other provisions of the terms. The headings and captions in these terms are intended for convenience only and shall in no way affect the interpretation of the terms.
Malhame shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Access to or use of the Malhame.com Site shall not be construed as Malhame's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than New York State. This Agreement shall be governed by and construed in accordance with the laws of New York State, without regard to conflicts of law provisions. Additionally, any claims brought against Malhame shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of this website, or any orders placed or products purchased on Malhame.com, shall be in the state or federal courts located in Suffolk County, New York.
Revised October 30, 2006