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Terms of Use

These Terms of Use (the "Terms of Use") governs the use of this web site (the "Site") operated on behalf of Malibu Lighting Corporation ("Malibu"). The person accessing the Site ("You" or the "User") manifests assent to be bound by these Terms of Use by Your use of the Site. Your use of this website is also subject to the Site`s Privacy Policy.

 

USE OF THIS SITE

You may access the Site to obtain information about Malibu and its products for Your private, non-commercial use. Malibu may offer products for purchase on the Site. Malibu does not represent or warrant that all of its products are displayed on the Site, and if displayed, that they will always be available for purchase. Malibu may remove a product from the Site or discontinue the sale of a product at any time without notice. The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to Your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to Your order. Our goal is that all of the information on the Site is always current and dependable. However, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to Your order. Malibu reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted). For further information about purchasing products from Malibu, please review in detail the sections of this Site concerning Frequently Asked Questions and Return Policies and Instructions.

You may use the email functionality of the Site to send inquiries to Malibu about the Site, Malibu products that are displayed on the Site, or the terms of any online transactions.

Prohibited Conduct Concerning This Site


The following conduct is not permissible on the Site:

Redistribution
You agree not to copy, reproduce, download, publish, change or otherwise distribute anything on this Site for any purpose other than Your own personal and non-commercial use.

Deep Links
You agree not to "deep-link" to this Site. This means You will not generate a hyperlink from any web site that you control to any page other than the home page of the Site for any reason, unless authorized in writing by Malibu.

Violation of Security of Site
You agree not to bypass any security device or program used with this Site. If You attempt to violate or do violate security restrictions in the Site, such action may be subject to penalty under civil or criminal laws. Malibu reserves the right to prosecute any violation of the security of this Site to the full extent of the law.

Email Communications
You will not communicate to Malibu any confidential or proprietary information using the Email functionality of the Site. If You do submit any such information to Malibu, Malibu does not promise to keep any such information confidential or to respond to You, and You affirmatively waive any and all rights to such information. You agree not to send any spam or other mass-distributed message to Malibu using the email functionality of the Site.

Site Integrity
You agree that in accessing the Site You will not compromise the business or functional integrity of the Site, including but not limited to (a) participating in any denial of service attack, (b) attempting to hijack the Site or visitors to the Site, (c) redirecting a web site visitor from the Site by use of advertisements that are triggered by the use of Malibu `s name or trademarks but are not sponsored by Malibu or an agent of Malibu, or (d) accessing the Site by automated means (including robotic algorithms) for any purpose other than for Your personal and non-commercial use. Malibu reserves the right to take any action it deems necessary if Malibu believes any of Your actions compromise the business or functional integrity of the Site.

Copyrights

This Site and the materials within it are the copyrighted material of Malibu. Viewing this Site creates a copy of Malibu materials in Your computer`s random access memory and/or in Your hard drive and/or in Your proxy server. You are subject to applicable copyright laws by virtue of such copy.

Trademarks

The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Malibu and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Malibu aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Malibu, the Malibu logo or the other Malibu formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Malibu. Malibu prohibits use of the Malibu logo as part of a link to or from any site unless establishment of such a link is approved in advance by Malibu in writing. Fair use of Malibu`s Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

Disclaimers and Limitation of Liability

MALIBU DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, AND WITH RESPECT TO THE SITE AND ANY PRODUCTS ORDERED USING THE SITE, MALIBU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE FOREGOING DOES NOT DISCLAIM ANY SPECIFIC PRODUCT WARRANTY OFFERED BY A MANUFACTURER WITH RESPECT TO A PARTICULAR PRODUCT YOU PURCHASE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MALIBU SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.

Limitation of Liability

MALIBU WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF MALIBU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, MALIBU` TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT THAT YOU ORDERED ON THE SITE.

Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws or provisions of Your actual state or country of residence. If any provision or portion of the Terms of Use is found by a court of competent jurisdiction to be unenforceable, the remaining Terms of Use will continue in full force and effect.

Arbitration of Claims

Any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Dallas, Texas, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.

General Terms

This Site resides on a server in Dallas, Texas, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Dallas, Texas, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Malibu has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and You agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at Your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

You agree that Malibu may at any time and without notice change the terms, conditions and notices under which this Site is offered. You agree that no joint venture, partnership, employment or agency relationship exists between You and Malibu as a result of this agreement or Your use of this Site.

Malibu`s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Malibu`s right to comply with law enforcement requests or requirements relating to Your use of this Site or information provided to or gathered by Malibu with respect to such use.

These Terms of Use, the Privacy Policy privacy, and the terms of sale of any product constitute the entire agreement between You and Malibu with respect to this Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Malibu with respect to this Site. No modification of this agreement shall be effective unless it is authored by Malibu or its affiliates, or unless it is physically by a Malibu officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Malibu in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or Your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Malibu in printed form.

Copyright © 2009 Malibu Lighting Corporation