Terms of Service

Welcome to Maldek Industries, a website operated by Maldek Industries (“Maldek Industries,” “we,” “us,” or “our”). These Terms of Service (the “Terms”) apply to your use of the Maldek Industries website (the “Site”), the Maldek Industries service (the “Service”), and any other products, services, offers, features, or functionality offered by Maldek Industries (collectively, the “Maldek Industries Services”).

By accessing or using the Maldek Industries Services, you agree to be bound by these Terms, which constitute a binding agreement between you and Maldek Industries. If you do not agree to these Terms, you may not use the Maldek Industries Services.

Changes to the Terms

We reserve the right to modify these Terms at any time, and without prior notice, by posting amended Terms on the Site. Your continued use of the Maldek Industries Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to any of the new Terms, you must stop using the Maldek Industries Services.

Eligibility

To use the Maldek Industries Services, you must be at least 18 years of age and capable of entering into a binding agreement. By using the Maldek Industries Services, you represent and warrant that you meet these eligibility requirements.

Use of the Maldek Industries Services

Subject to these Terms, Maldek Industries grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Maldek Industries Services for your personal or internal business purposes. You may not use the Maldek Industries Services for any other purposes without our prior written consent.

User Content

You may be able to upload, post, or otherwise provide content, materials, or information through the Maldek Industries Services (“User Content”). You retain ownership of all User Content you submit or make available through the Maldek Industries Services. However, by submitting or making available User Content through the Maldek Industries Services, you grant Maldek Industries a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Maldek Industries Services and Maldek Industries's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

Prohibited Conduct

You agree that you will not engage in any activity that interferes with or disrupts the Maldek Industries Services (or the servers and networks that are connected to the Maldek Industries Services), including by transmitting any worms, viruses, spyware, malware, or any other code of a destructive or disruptive nature. You also agree that you will not, without our prior written consent, (a) use the Maldek Industries Services for any commercial purpose, (b) copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Maldek Industries Services, (c) modify or create derivative works based on the Maldek Industries Services, (d) frame or mirror any part of the Maldek Industries Services, (e) reverse engineer any part of the Maldek Industries Services, (f) access the Maldek Industries Services in order to build a similar or competitive website,

Intellectual Property

The Maldek Industries Services and all content and materials contained therein, including but not limited to text, graphics, logos, icons, images, audio and video clips, and software, are owned or licensed by Maldek Industries and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your compliance with these Terms, Maldek Industries grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Maldek Industries Services for your personal or internal business purposes. You may not use the Maldek Industries Services for any other purposes without our prior written consent.

Third-Party Websites and Services

The Maldek Industries Services may contain links to third-party websites or services that are not owned or controlled by Maldek Industries. Maldek Industries has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Maldek Industries 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 the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

Disclaimer of Warranties

THE MALDEK INDUSTRIES SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE MALDEK INDUSTRIES SERVICES, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO YOU AND THE RESULTS OBTAINED THROUGH THE MALDEK INDUSTRIES SERVICES. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES, AND 2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

Limitation of Liability

IN NO EVENT SHALL MALDEK IND

USTRIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MALDEK INDUSTRIES SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF MALDEK INDUSTRIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL LIABILITY OF MALDEK INDUSTRIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, OR ASSIGNS FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE MALDEK INDUSTRIES SERVICES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO MALDEK INDUSTRIES FOR THE USE OF THE MALDEK INDUSTRIES SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH CLAIM.

Indemnification

You agree to defend, indemnify, and hold harmless Maldek Industries, its officers, directors, employees, agents, successors, subsidiaries, affiliates, licensors, suppliers, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the Maldek Industries Services, (b) your User Content, (c) your violation of these Terms, or (d) your violation of any rights of another.

Termination

We may terminate or suspend access to the Maldek Industries Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Maldek Industries Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law and Arbitration

If any dispute arises between you and Maldek Industries, we will attempt to resolve the dispute through informal negotiation within 30 days from the date that either party sends to the other a written request for negotiation. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to mediation in accordance with the rules of the California International Commercial Arbitration Centre. If mediation is unsuccessful, the parties shall settle the dispute through binding arbitration in Los Angeles, California, in accordance with the commercial arbitration rules of the California International Commercial Arbitration Centre. The decision of the arbitrator(s) shall be binding and final, and may be entered as a judgment in any court of competent jurisdiction. The parties shall share equally in the costs of mediation and arbitration, except that each party shall bear its own attorneys' fees and costs.

Entire Agreement and Severability

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Maldek Industries regarding the use of the Maldek Industries Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Maldek Industries's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Maldek Industries without restriction.

Notice

Any notices or other communications provided by Maldek Industries under these Terms, including those regarding modifications to these Terms, will be given by email, posting on the Maldek Industries Services, or by other reasonable means.

If you have any questions about these Terms, please contact us at legal@maldekindustries.com.

Thank you for using Maldek Industries!