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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEBSITE. All users of this site agree that access
to and use of this site are subject to the following terms and
conditions and other applicable law. If you do not agree to these
terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited
to text, graphics or code is copyrighted as a collective work under
the United States and other copyright laws, and is the property of
Lindar, LLC., dba Mall Depot (hereafter referred to as Mall Depot).
The collective work includes works that are licensed to Mall Depot
Copyright 2009, Mall Depot ALL RIGHTS RESERVED. Permission is
granted to electronically copy and print hard copy portions of this
site for the sole purpose of placing an order with Mall Depot or
purchasing Mall Depot products. You may display and, subject to any
expressly stated restrictions or limitations relating to specific
material, download or print portions of the material from the
different areas of the site solely for your own non-commercial use,
or to place an order with Mall Depot or to purchase Mall Depot
products. Any other use, including but not limited to the
reproduction, distribution, display or transmission of the content
of this site is strictly prohibited, unless authorized by Mall Depot
You further agree not to change or delete any proprietary notices
from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Mall Depot used in
the site are trademarks or registered trademarks of Mall Depot
Warranty Disclaimer
This site and the materials and products on this site are provided
"as is" and without warranties of any kind, whether express or
implied. To the fullest extent permissible pursuant to applicable
law, Mall Depot disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement. Mall
Depot does not represent or warrant that the functions contained in
the site will be uninterrupted or error-free, that the defects will
be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. Mall
Depot does not make any warrantees or representations regarding the
use of the materials in this site in terms of their correctness,
accuracy, adequacy, usefulness, timeliness, reliability or
otherwise. Some states do not permit limitations or exclusions on
warranties, so the above limitations may not apply to you.
Limitation of Liability
Mall Depot shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the
materials on this site or the performance of the products, even if
Mall Depot has been advised of the possibility of such damages.
Applicable law may not allow the limitation of exclusion of
liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Mall Depot product is mistakenly listed at an
incorrect price, Mall Depot reserves the right to refuse or cancel
any orders placed for product listed at the incorrect price. Mall
Depot reserves the right to refuse or cancel any such orders whether
or not the order has been confirmed and your credit card charged. If
your credit card has already been charged for the purchase and your
order is cancelled, Mall Depot shall issue a credit to your credit
card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing
the site and/or completing the registration or shopping process.
These terms and conditions, or any part of them, may be terminated
by Mall Depot without notice at any time, for any reason. The
provisions relating to Copyrights, Trademark, Disclaimer, Limitation
of Liability, Indemnification and Miscellaneous, shall survive any
termination.
Notice
Mall Depot may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you
have provided to Mall Depot
Miscellaneous
Your use of this site shall be governed in all respects by the laws
of the state of Arizona, U.S.A., without regard to choice of law
provisions, and not by the 1980 U.N. Convention on contracts for the
international sale of goods. You agree that jurisdiction over and
venue in any legal proceeding directly or indirectly arising out of
or relating to this site (including but not limited to the purchase
of Mall Depot products) shall be in the state or federal courts
located in Maricopa County, Arizona. Any cause of action or claim
you may have with respect to the site (including but not limited to
the purchase of Mall Depot products) must be commenced within one
(1) year after the claim or cause of action arises. Mall Depot's
failure to insist upon or enforce strict performance of any
provision of these terms and conditions shall not be construed as a
waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any of
these terms and conditions. Mall Depot may assign its rights and
duties under this Agreement to any party at any time without notice
to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail,
chat, or by use of obscene or abusive language, is strictly
forbidden. Impersonation of others, including a Mall Depot or other
licensed employee, host, or representative, as well as other members
or visitors on the site is prohibited. You may not upload to,
distribute, or otherwise publish through the site any content which
is libelous, defamatory, obscene, threatening, invasive of privacy
or publicity rights, abusive, illegal, or otherwise objectionable
which may constitute or encourage a criminal offense, violate the
rights of any party or which may otherwise give rise to liability or
violate any law. You may not upload commercial content on the site
or use the site to solicit others to join or become members of any
other commercial online service or other organization.
Participation Disclaimer
Mall Depot does not and cannot review all communications and
materials posted to or created by users accessing the site, and is
not in any manner responsible for the content of these
communications and materials. You acknowledge that by providing you
with the ability to view and distribute user-generated content on
the site, Mall Depot is merely acting as a passive conduit for such
distribution and is not undertaking any obligation or liability
relating to any contents or activities on the site. However, Mall
Depot reserves the right to block or remove communications or
materials that it determines to be (a) abusive, defamatory, or
obscene, (b) fraudulent, deceptive, or misleading, (c) in violation
of a copyright, trademark or; other intellectual property right of
another or (d) offensive or otherwise unacceptable to Mall Depot in
its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Mall Depot, its
officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Mall Depot
may link to sites operated by third parties. However, even if the
third party is affiliated with Mall Depot, Mall Depot has no control
over these linked sites, all of which have separate privacy and data
collection practices, independent of Mall Depot These linked sites
are only for your convenience and therefore you access them at your
own risk. Nonetheless, Mall Depot seeks to protect the integrity of
its web site and the links placed upon it and therefore requests any
feedback on not only its own site, but for sites it links to as well
(including if a specific link does not work).