Web Site Terms and Conditions of Use

Last updated: 2019-01-10

Dynomantle Technologies, LLC, D.B.A. Maleega (collectively "Dynomantle Technologies", "we" or "us") is the owner and operator of this website.

The following terms of use together with the Privacy Policy found at https://maleega.com/privacy, incorporated herein by reference and all applicable laws (the "Terms" or "Terms of Use") govern your access to and use of maleega.com, including any content and functionality offered on or through maleega.com, however accessed (the "Website").

Acceptance of the Terms of Use

Please read the Terms of Use carefully before you start to use the site. BY BROWSING AND USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. If you continue to use and browse this Website you are agreeing to comply with and be legally bound to the Terms. In the event that you do not agree to the Terms you should not continue to use the Website.

Changes to the Terms of Use

Dynomantle Technologies may revise and update these Terms of Use from time to time in our sole discretion. We will notify you of any material revisions to the Terms by indicating that they have been updated in the footer of the Website and indicate the date of the revisions in the “Last Updated” date above. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Website

By using this Website, you represent and warrant that you are of legal age to form a binding contract with Dynomantle Technologies.

Dynomantle Technologies reserves the right to withdraw or amend this Website, and any service or material provided on the Website, in Dynomantle Technologies’ sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Dynomantle Technologies may restrict access to some parts of the Website, or the entire Website, to users.

Password Restricted Areas of this Website

To access some of the resources of the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to this Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If the Website allows for accounts, once you submit the required registration information, we alone will determine whether or not to approve your proposed account.  For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly or contacting us using the below contact information and we can make the changes for you.  And, if you forget your password – we can help you recover it.

You are responsible for complying with these Terms when you access this Website, whether directly or through any account that you may setup through or on this Website.  It is your job to obtain and maintain all equipment and services needed for access to and use of this Website as well as paying related charges.  It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Website or that you may allow us to access in delivering our services to you.  Should you believe your password or security for this Website has been breached in any way, you must immediately notify us.

Consent to Access Your Data on Other Third Party Services

You understand and agree that in order to provide Services to you, you will provide information that grants us access to your data on other third party services, such as third party email providers. By doing so, you agree that we can access and process any information relating to your account on those third party services, including, but not limited to, your email communications, contact information, attachments, and calendar information (collectively, "Your Third Party Services Data") solely to deliver our services to you. We will not disclose or share any of Your Third Party Services Data with any third parties.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Dynomantle Technologies, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You shall not copy, reproduce, republish, download, post, modify, or otherwise disseminate material from the Website, including but not limited to: images, videos, or content, in any manner except for personal and non-commercial use without our express written consent. You shall only make exact copies of the documentation and you shall ensure that each copy contains all titles, trademarks, and copyright and restricted rights notices as in the original.

You must not:

You must not reproduce, sell or exploit for any commercial purposes any part of the Website, or use of the Website or any services or materials available through the Website.

If you print, copy, modify, download or otherwise use any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved by Dynomantle Technologies. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Except as set forth in these Terms of Use, Dynomantle Technologies has no rights in Your Third Party Services Data and is in no way responsible for the content or information contained therein. We will use Your Third Party Services Data solely to deliver our services to you.

Copyrights and Trademarks

The Website contains terms, images, logos, graphics, scripts and software which are registered and protected under U.S. and international copyright and trademark laws. You should assume that everything you see or read on this Website is protected by copyright unless otherwise stated and may only be used according to these Terms. Use of the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right is strictly prohibited.

Feedback

Any of your questions, comments, or suggestions for improvements regarding the Website or services that you email, post, or otherwise transmit to us (“Feedback”) will become the property of Dynomantle Technologies. You hereby relinquish and assign to Dynomantle Technologies the worldwide, royalty free, right and title to run, use, re-use, implement, copy, display, and create derivative works from, that Feedback, including any ideas, concepts, know-how, or techniques contained in your Feedback for any purpose.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to:

Payments

You agree to pay all applicable fees related to your use of this Website and our services. We may suspend or terminate your account and/or access to our services and this Website if your payment is late and/or your offered payment method (e.g., credit card or PayPal account) cannot be processed.  By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular membership and utilized services.

We understand that you might cancel your account, but please know that we will not provide any refund(s) and you will be responsible for paying any balance due on the account.  You agree that we may charge any unpaid fees to your provided payment method and/or send you a bill for such unpaid fees.

Electronic Communications

By using the Website and/or the services provided on or through the Website, you consent to receiving electronic communications from us.  These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website and/or services provided on or through the Website.  These electronic communications are part of your relationship with us.  You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Website Operations and Maintenance

While Dynomantle Technologies strives to operate the Website 24 hours a day, 7 days a week, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Dynomantle Technologies may restrict access to some parts of the Website, or the entire Website to users.

Reliance on Information Posted

Dynomantle Technologies shall endeavor to maintain accurate and up-to-date information on the Website. However, the information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

THIS WEBSITE AND CONTENT PROVIDED AS PART OF THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE CONTENT, FUNCTIONALITY, OR MATERIALS PROVIDED BY US HEREUNDER, INCLUDING, WITHOUT LIMITATION OF THE FOREGOING, ANY WARRANTY REGARDING OWNERSHIP, NON-INFRINGEMENT, ACCURACY, TIMELINESS, COMPLETENESS, AND AVAILABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy https://maleega.com/privacy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You represent and warrant that all data provided by you is accurate.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Waiver of Class Action Rights and/or Claims

YOU AGREE THAT TO THE EXTENT YOU HAVE OR BELIEVE THAT YOU HAVE ANY CLAIMS AGAINST US RELATING TO YOUR USE OR OUR PROVISION OF THE WEBSITE, YOU WILL BRING THOSE CLAIMS IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND DYNOMANTLE TECHNOLOGIES AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE CLASS PROCEEDING.

Indemnification, Defense, and Hold Harmless

To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Dynomantle Technologies and all associated entities, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as their interests may appear together with their partners successors and assigns, from and against any and all losses, claims, suits, damages, penalties, fines, judgment, liabilities (including without limitation, death, personal injuries, expenses, attorney fees and costs incurred) in connection with your use of the Website or the services conveyed by Dynomantle Technologies that is inconsistent with these Terms and with our use of Your Third Party Services Data in accordance with this Terms of Use.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DYNOMANTLE TECHNOLOGIES NOR ANY PERSON ASSOCIATED WITH DYNOMANTLE TECHNOLOGIES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER DYNOMANTLE TECHNOLOGIES NOR ANYONE ASSOCIATED WITH DYNOMANTLE TECHNOLOGIES REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

DYNOMANTLE TECHNOLOGIES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Time to File Claims

You agree to bring any and all claims or actions relating to the use of the Website within one (1) year after such alleged cause of action arose. If there is an outstanding claim from more than one (1) year of such action then you agree that the statute of limitations would be exceeded and the claim will be barred.

Governing Law and Venue

The Website, any information provided from it and these Terms are given and made in the State of Colorado. This agreement is subject to the laws of the United States and Colorado law, without regard to its choice of law provisions, and suit, if any, must be brought exclusively within the courts of the State of Colorado having jurisdiction over Boulder County, Colorado.  You agree to submit to the jurisdiction of the courts located in the State of Colorado. You waive the right to trial by jury in any action that may be brought hereunder.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Dynomantle Technologies, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by Dynomantle Technologies, LLC, 6525 Gunpark Dr Ste 370 PMB 246, Boulder, CO 80301.

All notices of copyright infringement claims should go to contact@maleega.com.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: contact@maleega.com.