BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
Malibu IQ reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Changes or modifications to the Site will be effective upon their posting and notice that a change to the Site has been made as provided by the change in the “Last Updated” notice at the bottom of the each page. Following such posting of changes or modifications, continued use of this Site will constitute your acceptance of such changes or modifications. We therefore suggest that you consistently review the Site Terms and applicable policies in order to understand the terms and conditions that apply at the time you use the Site.
Incorporated Policies or Terms
Site License and Access. Malibu IQ grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) copying or making derivative uses of the Site and its contents; (d) use of any data mining, robots, or similar data gathering and extraction methods, or (e) any rights to sublicense. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Malibu IQ or any third party.
You may not use, frame or utilize framing techniques to enclose any Malibu IQ trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Malibu IQ’s express written consent. Further, you may not use any metatags or any other “hidden text” utilizing an Malibu IQ name, trademark, domain name, or product name without Malibu IQ’s express written consent.
Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement (“Materials”) thereof are copyrighted, ALL RIGHTS RESERVED Copyright © 1997-2009 Malibu IQ, LLC and/or third-party licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Malibu IQ or the respective copyright owner. Permission is granted to display, copy, and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of Malibu IQ or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, or (c) remove or alter any copyright and other proprietary notices contained in the Materials. Any request for grant of a commercial license to Malibu IQ copyrighted materials is subject to prior approval.
Malibu IQ respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes an improper use, please provide Malibu IQ’s legal representative the following written information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the proprietary interest;
A description of the work that you claim has been infringed upon;
A description of where the material that you claim is being misused is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on the owner’s behalf.
Malibu IQ’s Legal Registration Agent for notice of claims of copyright infringement on this Site is James Magee, who can be reached as follows:
800 N Shoreline Blvd
Corpus Christi, TX 78401
Trademarks and Service Marks
Malibu IQ, its distinctive logo and product markings, and the products and services described in this Site (except those belonging to Malibu IQ owners, suppliers or licensors), are among the trademarks, service marks or registered trademarks owned by Malibu IQ, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Malibu IQ. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress owned by Malibu IQ, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Malibu IQ. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners. Any request for grant or a license to use Malibu IQ marks is subject to prior approval, and should be addressed to the Malibu IQ Technology Information Office at: firstname.lastname@example.org
This Site may in the future and from time to time, include discussion forums and interactive areas, including bulletin board services (“BBS”). Any forums and interactive areas of the Site shall be used only for non-commercial purposes. By using the forums or interactive areas, you agree not to do any of the following:
Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and
Without Malibu IQ’s written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
Malibu IQ takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, Malibu IQ is only a forum and is not liable for any statements, representations, or Content provided by its users.
Responsibility for Your Conduct. You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site, including the discussion forums or interactive areas of the Site. You agree to indemnify and hold harmless Malibu IQ from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party.
Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Malibu IQ or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Malibu IQ logo or other proprietary graphic or trademark of Malibu IQ to link to this Site without the express written permission of Malibu IQ. This limited right may be revoked at any time.
Third-Party Links. Malibu IQ makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from this Site, or third-party sites linking to this Site. The third-party linked sites are not under the control of Malibu IQ and Malibu IQ is not responsible for the content of any third-party linked site or any link contained in a third-party linked site, or any review, changes or updates to such sites. Malibu IQ is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Malibu IQ of the site or any information contained therein. When leaving the Malibu IQ Site, you should be aware that Malibu IQ’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
Any information and technology downloaded from this Site (collectively the “Software”) by you may be subject to U.S. export controls, including, but not limited to, the Arms Export Control Act (22 U.S.C. 2778), the International Traffic in Arms Regulations (“ITAR”, 22 C.F.R. 120-130), the Export Administration Act (50 U.S.C. Appx. —- 2401 et seq.) and the Export Administration Regulations (“EAR”, 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the information to any country, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
Limitation of Liability
IN NO EVENT SHALL Malibu IQ BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Malibu IQ (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF Malibu IQ’S SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID Malibu IQ, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
Applicable Law and Venue
These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and entirely to be performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Los Angeles County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
Notwithstanding any of these terms and conditions, Malibu IQ reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.