Modified December 19, 2013
These Terms of Service (“Terms”) govern your access to and use of www.malformitylabs.com and our products and services (“Services”), and any information, text, graphics, URLs, files, audio, video, photos or other materials uploaded, downloaded or appearing on the Services (“Content”). Any reference to “you” or “your” means you as user of the Services, any reference to “we”, “us”, or “our” is to Malformity Labs LLC. By establishing, activating, using, and/or paying for the Services, you acknowledge that you have read and understood these terms, you agree to the terms and conditions in this Agreement, and you represent that you are of legal age and duly authorized to enter this Agreement and become bound by its terms, and to the prices, charges, and conditions provided to you in association with your enrollment.
By using our services, you are accepting these Terms and are required to abide by them while using our Services. You may also not (i) transfer, sublicense, lease, lend, rent or otherwise distribute the Services to any third party; (ii) use the Service in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms; (iii) engage in any activity that could damage, overload, harm or impede the normal functioning of the Services or their availability to other subscribers; and will (iv) refrain from using the Services to obtain illicit or fraudulent content.
Consent to Receive Email
By establishing an account with Malformity Labs, LLC, you consent to receive periodic email communication from us concerning services and billing, including without limitation, notices of service updates, payment transactions, and other correspondence required for administration of the Services.
You are responsible for safeguarding any password/keys/credentials used to access the Services and for any activities or actions conducted with these credentials. You wil take all commercially feasible steps to protect all such passwords/ keys/ and credentials in order to insure that they are used only by individuals authorized to do so. Malformity Labs LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this term. If at any time you believe your password/keys/credentials may be compromised, you must inform Malformity Labs LLC immediately. Notwithstanding any other provision of these terms, misuse of passwords, keys and/or credentials constitutes a material breach of these terms and constitutes cause for immediate suspension or termination of the Services.
You understand and agree that Services are provided to you on an “AS AVAILABLE” basis. You understand that the Services provided hereunder rely, in part on services or content obtained from third parties, which are provided on an “As Is” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis due to our reliance on third party providers. You are responsible for protecting and preserving all content and data obtained through the Services and stored on your systems. You EXPRESSLY RECOGNIZE THAT MALFORMITY LABS, LLC DOES NOT CREATE, OPERATE, CONTROL OR ENDORSE ANY THIRD PARTY DATA, INFORMATION, OR THIRD PARTY PRODUCTS PROCESSED BY OR USED IN CONJUNCTION WITH THE SERVICES TO BE PROVIDED HEREUNDER.
Limitation of Liability
MALFORMITY LABS LLC AND ITS AFFILIATES, AGENTS, AND PARTNERS WILL NOT BE LIABLE TO YOU 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 ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
If you breach any of the terms of these Terms, we have the right to suspend or disable your access to or use of Services until the breach has been cured to our satisfaction. Notwithstanding the foregoing, we reserve the right to terminate the Services in the event of any misuse by you.
About These Terms
Please note that we may update and amend these Terms from time to time. All such amendments and updates will be communicated to you via email and will be effective upon transmission of the email notification. By continuing to access the Services after any changes become effective, you agree to be bound by the revised Terms.
The failure of Malformity Labs LLC to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New Hampshire. Any litigation relating to such claims shall be conducted exclusively in the courts of the State of New Hampshire. You agree to submit to the jurisdiction of the New Hampshire state court system for all such purposes.