Terms of service
Terms of Service
Last Updated: [Insert Date]
Overview
This website is operated by Malibu Access Control. Throughout the site, the terms “we,” “us,” and “our” refer to Malibu Access Control. Malibu Access Control offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement.
SECTION 8 - THIRD-PARTY LINKS
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability for any third-party materials or websites.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use any comments that you forward to us.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, and availability.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions, you are prohibited from using the site for any unlawful purpose or to solicit others to perform unlawful acts.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Your use of the service is at your sole risk. The service and all products and services delivered are provided "as is" and "as available" without any warranties.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Malibu Access Control and affiliates from any claim or demand, including reasonable attorneys’ fees, arising out of your breach of these Terms.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, the unenforceable portion shall be severed.
SECTION 16 - TERMINATION
These Terms are effective unless and until terminated by either you or us. If you fail to comply, we may terminate this agreement without notice.
SECTION 17 - ENTIRE AGREEMENT
These Terms of Service supersede any prior agreements between you and us. Any ambiguities in interpretation shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW AND FORUM SELECTION
These Terms shall be governed by the laws of the State of Delaware. Any dispute shall be resolved exclusively in the state or federal courts located in Delaware.
SECTION 19 - CHANGES TO TERMS OF SERVICE
We reserve the right to update or replace any part of these Terms by posting changes to our website. It is your responsibility to check periodically for updates.
SECTION 20 - POST-TERMINATION SUPPORT FOR PURCHASED PRODUCTS
1. Warranty Obligations:
Any products purchased prior to the termination of the dealer relationship will remain subject to the original warranty terms provided at the time of sale.
Malibu Access Control will honor valid warranty claims during the applicable warranty period, provided the claim meets the terms of the warranty.
2. Technical Support:
After termination of the dealer relationship, Malibu Access Control reserves the right to limit or discontinue access to technical support services for
previously purchased equipment unless otherwise required by law or a separate written agreement.
3. Replacement Parts and Accessories:
Malibu Access Control is not obligated to provide replacement parts, accessories, or additional equipment following termination of the dealer relationship,
except as required to fulfill valid warranty claims.
4. Termination of Additional Services:
Any services provided in connection with the dealer relationship (e.g., exclusive pricing, account management, dedicated technical resources)
will terminate immediately upon notice of termination.
5. No Ongoing Obligations:
Unless otherwise required by law or specified in writing, Malibu Access Control assumes no responsibility to provide ongoing support, updates,
or service after termination of the dealer relationship.
SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at bob.ater@malibuclubsystems.com.