Terms of Service
Effective Date: 2024
Welcome to Malkin Made LLC. These Terms of Service (“Terms”) govern your access to and use of our website development and management services (“Services”). By accessing or using our Services, you agree to be bound by these Terms.
1. Services
1.1 Description of Services
Malkin Made LLC provides website development, design, and management services as described on our website. We may update the Services from time to time to improve quality and performance.
1.2 Service Changes and Updates
We reserve the right to modify or discontinue the Services, temporarily or permanently, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
2. User Responsibilities
2.1 Account Registration
To access certain features of the Services, you may need to register for an account. You must provide accurate and complete information during the registration process and update such information to keep it accurate and complete.
2.2 Account Security
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately of any breach of security or unauthorized use of your account.
2.3 Prohibited Activities
You agree not to use the Services for any unlawful purpose or in any way that might harm, disrupt, or impair the Services or the network connected to the Services. Prohibited activities include, but are not limited to:
- Engaging in fraudulent activities.
- Transmitting viruses or any code of a destructive nature.
- Interfering with or disrupting the integrity or performance of the Services.
- Attempting to gain unauthorized access to the Services or related systems or networks.
3. Fees and Payment
3.1 Service Fees
Fees for the Services are described on our website and are subject to change. All fees are due and payable in accordance with the terms specified on the website.
3.2 Payment Terms
You agree to pay all fees and charges specified for the Services in a timely manner. We may suspend or terminate your access to the Services if your payment is late or your payment method is declined.
3.3 Refund Policy
Refunds, if any, will be issued at our sole discretion and as specified in our refund policy.
4. Intellectual Property
4.1 Ownership
All content, features, and functionality included in the Services, including but not limited to text, graphics, logos, and software, are the exclusive property of Malkin Made LLC and are protected by copyright, trademark, and other intellectual property laws.
4.2 License to Use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services for your personal or business use.
5. Termination
5.1 Termination by You
You may terminate your account at any time by providing us with a 30-day notice. Upon termination, you must cease all use of the Services.
5.2 Termination by Us
We may terminate or suspend your account and access to the Services, without prior notice or liability, for any reason, including if you breach these Terms.
5.3 Effect of Termination
Upon termination of your account, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
6. Disclaimers and Limitation of Liability
6.1 Disclaimer of Warranties
The Services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
6.2 Limitation of Liability
In no event shall Malkin Made LLC be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; and (iii) any interruption or cessation of transmission to or from the Services.
7. Indemnification
You agree to indemnify and hold Malkin Made LLC, its officers, directors, employees, and agents, harmless from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
8. Governing Law and Dispute Resolution
8.1 Governing Law
These Terms shall be governed and construed in accordance with the laws of Arizona, without regard to its conflict of law provisions.
8.2 Dispute Resolution
Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of an Arbitration Organization, rather than in court. The arbitration shall take place in Phoenix, Arizona, and the language of the arbitration shall be English.
9. Miscellaneous
9.1 Entire Agreement
These Terms constitute the entire agreement between you and Malkin Made LLC regarding the Services and supersede any prior agreements or understandings, whether written or oral.
9.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.
9.3 Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
9.4 Contact Information
If you have any questions about these Terms, please contact us at info@malkinmade.com.