Maoomba.com Terms & Conditions of Use

Thank you for visiting Maoomba.com. We hope that you enjoy your online shopping experience and that you return to our site again. Below is a list of the terms and conditions ("Terms and Conditions") that govern the use of this site and your purchases from Maoomba.com (this "Site"). By using this Site, you are agreeing with the conditions under which these services and content are provided; these conditions are outlined below.

Please review Maoomba's other policies, such as Customer Care and Privacy & Security policies, posted on this Site; these policies govern your use of this Site, as well. Maoomba reserves the right to revise these Terms and Conditions at any time, and ask that you return to this page to review the terms of your use. Should you have any questions concerning any of our policies, please contact us.

Please note that portions of this site are patent-pending.

privacy and security

You have read the Privacy and Security Policy, which also governs your visit to the Site, and agree that such policy is reasonable.

your account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Maoomba reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

your submissions

Maoomba is pleased to hear from our Site users and welcome your comments regarding Maoomba content and services. Other than personally identifiable information, which is covered under the Site's Privacy and Security Policy, any suggestions, ideas, concepts, material or other information you submit to, or send via, this Site ("Submissions") shall become, and shall remain, exclusive property of Maoomba. Maoomba shall have no obligation of any kind with respect to such Submissions and shall be free to use and disclose the Submissions to others without limitation.

inaccuracies

Maoomba strives to present the most recent, most accurate, and most reliable information on this Site and marketing materials at all times. However, there may be occasions when some of the information on this Site or materials may contain unintentional inaccuracies. Further, Maoomba has made every effort to display the colors of its products as accurately as possible. However, as the actual colors you see will depend on your monitor and/or printer, Maoomba cannot guarantee that the color will appear accurately.

Maoomba reserves the right to amend errors or to update product information at any time without prior notice. Prices and availability of items are subject to change until orders are placed. If a pricing error occurs, Maoomba will contact you before proceeding with your order.

links to other web sites

This Site may include links to other Internet sites solely as a convenience to users. You acknowledge that Maoomba does not endorse any such sites or the information, material, products or services contained on or accessible through the sites, and you access and use such sites, including information, material, products and services therein, solely at your own risk

disclaimer of warranty

MAOOMBA DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES, AND PRODUCTS CONTAINED ON THIS SITE, OR ANY OTHER SITE FOR WHICH THIS SITE PROVIDES CLICK-THROUGH ACCESS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MAOOMBA DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL SUCH INFORMATION, SERVICES, AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.

limitation of liability

UNLESS OTHERWISE SPECIFIED IN WRITING, IN NO EVENT SHALL MAOOMBA BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. THIS INCLUDES, BUT IS NOT LIMITED TO DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH: (1) THE DENIAL OR INTERRUPTION OF ACCESS TO THIS SITE, ANY SITE TO WHICH MAOOMBA PROVIDES CLICK-THRU ACCESS, OR ANY OF THEIR RESPECTIVE COMPONENTS, (2) ANY INACCURACIES IN ANY OF THE INFORMATION DISPLAYED ON THIS SITE OR ANY SITE TO WHICH MAOOMBA PROVIDES CLICK-THRU ACCESS, (3) THE PURCHASE OR USE OF ANY PRODUCT OR SERVICE PURCHASED ON THIS SITE OR ANY SITE TO WHICH MAOOMBA PROVIDES CLICK-THRU ACCESS, INCLUDING ANY DEFECT IN ANY SUCH PRODUCT OR SERVICE, OR (4) ANY OTHER USE OF THIS SITE, ANY SITE TO WHICH MAOOMBA PROVIDES CLICK-THRU ACCESS. WITH RESPECT TO GOODS OR SERVICES PURCHASED THROUGH THIS SITE, MAOOMBA'S LIABILITY IS EXPRESSLY LIMITED TO REPLACEMENT OF DEFECTIVE GOODS, OR, AT MAOOMBA'S ELECTION, TO THE REPAYMENT OR CREDITING OF BUYER WITH AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE GOODS.

ADDITIONALLY, MAOOMBA DOES NOT WARRANT THAT THE FUNCTION OR OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. AS A VISITOR TO AND USER OF THIS SITE, YOU MUST ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH THE SERVICING OF EQUIPMENT USED IN CONNECTION WITH THE USE OF THIS SITE. AS A VISITOR AND USER OF THIS SITE, YOU, IN EFFECT, AGREE THAT YOUR ACCESS WILL BE SUBJECT TO THESE TERMS AND CONDITIONS AND THAT ACCESS IS UNDERTAKEN AT YOUR OWN RISK.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND CONDITIONS AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

indemnification

You agree to indemnify, defend and hold harmless Maoomba, its owners, employees, and agents from and against any liability, loss, claim and expense (including attorneys' reasonable fees) related to (a) your violation of these Terms and Conditions, (b) your posting of material for use in Maoomba.com newsletters, forums, reviews and other media on this Site, OR (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this Site using your Internet account.

governing law and jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Utah, USA, without giving effect to conflict of law principles. Any controversy or dispute arising out of your use of the Site shall be submitted, and you irrevocably consent, to the personal jurisdiction of any state or federal court located in, or whose district includes, Salt Lake County, Utah, USA. If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed removed and shall not affect the validity and enforceability of any remaining provisions.

proprietary rights

Unless otherwise noted, all design, content, and materials appearing on this Site and its electronic and printed marketing materials are copyrights, trademarks, and/or intellectual property that are owned, controlled, or licensed by Maoomba, LLC ("Maoomba"). All worldwide rights are reserved. You are granted a limited license to access and personally use this Site, but you have no rights to download (except where specifically invited), duplicate, sell, or modify any portion of this Site.

The services and products available on this Site, the images, text, information, and other content presented on this Site, and all of the related software and technology is the property of Maoomba or its content suppliers and is protected by United States copyright laws. All software used on this site is the property of Maoomba or its software suppliers and protected by U.S. copyright laws.

All trademarks, service marks, and trade names are proprietary to Maoomba or other respective owners that have granted Maoomba the right and license to use such marks. Maoomba, Maoomba.com, and the Maoomba elephant logo and design are all trademarks or servicemarks of Maoomba. These trademarks and servicemarks may not be used in connection with any product or service that is not proprietary to Maoomba, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Maoomba. All other trademarks not owned by Maoomba that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Maoomba. Other company names and other product or service names or designations referenced on this Site may be the service marks or trademarks (or registered service marks or trademarks) of their respective owners.

changes to site and policies

Maoomba and its suppliers may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site, at any time without notice. Maoomba may modify these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review these Terms and Conditions periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified agreement.

questions

Please send an email to info@maoomba.com or call 1-888-218-0347 with any questions regarding the Site or these Terms and Conditions. We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention.

Updated and effective December 1, 2007