Policies
Privacy
Overview
DMLA LLC, Maor, [and each of [its/their] affiliates] (“we,” “us,” “our”) respect your privacy and are committed to protecting the personal data we hold about you. If you have questions, comments, or concerns about this Privacy Notice or our processing of personal data, please see the bottom of this Privacy Notice for information about how to contact us. DMLA LLC is the data controller of the personal data collected, and is responsible for the processing of your personal data.
This Privacy Notice explains our practices with respect to personal data we collect and process about you. This includes information we collect through, or in association with, our website with a home page located at maorofficial.com , our apps that we may provide, our products and services that we may offer from time to time via our website and/or related apps, our physical locations, our related social media sites, or otherwise through your interactions with us (the website, apps, products, services, physical locations, and social media pages, collectively, the “Services”).
Please review the following to understand how we process and safeguard personal data about you. By using any of our Services, whether by visiting our website or otherwise, and/or by voluntarily providing personal data to us, you acknowledge that you have read and understand the practices contained in this Privacy Notice. This Privacy Notice may be revised from time to time, so please ensure that you check this Privacy Notice periodically to remain fully informed.
Personal Data We Collect
We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal data”). In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not personal data. To the extent this data is stored or associated with personal data, it will be treated as personal data; otherwise, the data is not subject to this notice.
How We Use Your Personal Data
We collect and process your personal data for the following purposes:
Providing, predicting, or performing, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, and processing payments.
Marketing our products and services to you, including sending you messages about the products and services we offer, which may include rewards, events, and special offers for products and services.
Communicating with you by email, SMS, phone, and other methods of communication, about products, services, order status, and information tailored to your requests or inquiries.
Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
Debugging to identify and repair errors that impair existing intended functionality.
Short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction.
Complying with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, or for other purposes, as permitted or required by law.
As necessary or appropriate to protect the rights, property, and safety of our users, us, and other third parties.
We will not use the personal data we collected for materially different, unrelated, or incompatible purposes without providing you with notice and obtaining your consent.
How We Obtain Your Personal Data
We collect your personal data from the following categories of sources:
Directly from you. When you provide it to us directly whether online, by email, phone, or in-person;
Automatically or indirectly from you. For example, through logging and analytics tools, cookies, pixel tags, and as a result of your use of and access to the Services, or through your interactions with us on social media websites.
From our service providers. For example, payment processing services, such as Shopify, and other service providers we engage.
From our affiliates.
Legal Bases for Processing
We process personal data for, or based on, one or more of the following legal bases:
Performance of a Contract. We may process personal data to enter into, or perform under, the agreement between us
Legitimate Interests. We may process personal data for our legitimate interests, including
Compliance with Legal Obligations and Protection of Individuals. We may process personal data to comply with the law and our legal obligations, as well as to protect you and other individuals from certain harms.
Who We Share Your Personal Data With
We share personal data with our service providers, as well as with government agencies or regulations when permitted or required to do so by law; in response to a request from a law enforcement agency or authority or any regulatory authority; and/or to protect the integrity of the Services or our interests, rights, property, or safety, and/or that of our users and others.
Your Rights Regarding Personal Data
You have certain rights regarding the collection and processing of personal data. You may exercise these rights, to the extent they apply to you, by contacting us at the information provided at the end of this Privacy Notice, or by following instructions provided in this Privacy Notice or in communications sent to you. Your rights vary depending on the laws that apply to you, but may include:
The right to know whether, and for what purposes, we process your personal data;
The right to be informed about the personal data we collect and/or process about you;
[The right to learn the source of personal data about you we process;]
The right to access, modify, and correct personal data about you (see the “Accessing, Modifying, Rectifying, and Correcting Collected Personal Data” section below for more information)
The right to know with whom we have shared your personal data with, for what purposes, and what personal data has been shared (including whether personal data was disclosed to third parties for their own direct marketing purposes);
The right to withdraw your consent, where processing of personal data is based on your consent; and
The right to lodge a complaint with a supervisory authority located in the jurisdiction of your habitual residence, place of work, or where an alleged violation of law occurred.
See “Your California Privacy Rights”, “Your Nevada Privacy Rights” [Insert internal hyperlink to that section.], and “Your European Union Privacy Rights” [Insert internal hyperlink to that section.] for more information about certain legal rights.
Accessing, Modifying, Rectifying, and Correcting Collected Personal Data
We strive to maintain the accuracy of any personal data collected from you, and will try to respond promptly to update our records when you tell us the information in our records is not correct. However, we must rely upon you to ensure that the information you provide to us is complete, accurate, and up-to-date, and to inform us of any changes. Please review all of your information carefully before submitting it to us, and notify us as soon as possible of any updates or corrections.
Depending on the laws that apply to you, you may obtain from us certain personal data in our records. If you wish to access, review, or make any changes to personal data you have provided to us through the Services, please contact us at the information provided at the end of this Privacy Notice. We reserve the right to deny access as permitted or required by applicable law.
Your California Privacy Rights
California’s “Shine the Light” law, permits our users who are California residents to request and obtain from us a list of what personal data (if any) we disclosed to third parties for their own direct marketing purposes in the previous calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to the email address below, and are free of charge. However, we do not disclose personal data protected under the “Shine the Light” law to third parties for their own direct marketing purposes.
Your Nevada Privacy Rights
Nevada law permits our users who are Nevada consumers to request that their personal data not be sold (as defined under applicable Nevada law), even if their personal data is not currently being sold. Requests may be sent to customercare@maorofficial.com and are free of charge.
Your European Union Privacy Rights
In addition to the above-listed rights, European Union privacy law provides individuals with enhanced rights in respect of their personal data. These rights may include, depending on the circumstances surrounding the processing of personal data:
The right to object to decisions based on profiling or automated decision making that produce legal or similarly significant effects on you;
The right to request restriction of processing of personal data or object to processing of personal data carried out pursuant to (i) a legitimate interest (including, but not limited to, processing for direct marketing purposes) or (ii) performance of a task in the public interest;
In certain circumstances, the right to data portability, which means that you can request that we provide certain personal data we hold about you in a machine-readable format; and
In certain circumstances, the right to erasure and/or the right to be forgotten, which means that you can request deletion or removal of certain personal data we process about you.
Note that we may need to request additional information from you to validate your request. To exercise any of the rights above.
Your Choices
You have choices about certain information we collect about you, how we communicate with you, and how we process certain personal data. When you are asked to provide information, you may decline to do so; but if you choose not to provide information that is necessary to provide some of our Services, you may not be able to use those Services. In addition, it is possible to change your browser settings to block the automatic collection of certain information.
Communications Opt-Out. You may opt out of receiving marketing or other communications from us at any time through a given communications channel by following the opt-out link or other unsubscribe instructions provided in any email message received [or by contacting us as provided at the end of this Privacy Notice]. [If you wish to opt out by sending us an email to the address provided below, please include “Opt-Out” in the email’s subject line and include your name and the email address you used to sign up for communications in the body of the email.]
Note that if you do business with us in the future, you may not, subject to applicable law, opt out of certain automated notifications, such as order or subscription confirmations, based on business transactions (e.g., e-commerce).
Cookies, Web Tracking, and Advertising. It is possible to change your browser settings to block the automatic collection of certain information. Please note that disabling or removing cookies may prevent the Services, or certain functionality on the Services, from working correctly or at all.
Protecting Personal Data
We use reasonable and appropriate physical, technical, and organizational safeguards designed to promote the security of our systems and protect the confidentiality, integrity, availability, and resilience of personal data. You can find more information about how Shopify protects your personal data here. However, no method of safeguarding information is completely secure. While we use measures designed to protect personal data, we cannot guarantee that our safeguards will be effective or sufficient. In addition, you should be aware that Internet data transmission is not always secure, and we cannot warrant that information you transmit utilizing the Services is or will be secure.
Retention of Personal Data.
We retain personal data to the extent we deem necessary to carry out the processing activities described above, including but not limited to compliance with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, and to the extent we reasonably deem necessary to protect our and our partners’ rights, property, or safety, and the rights, property, and safety of our users and other third parties.
Other Important Information About Personal Data and the Services.
Collection of Personal Data from Children. Children under 16 years of age are not permitted to use the Services, and we do not knowingly collect information from children under the age of 16. By using the Services, you represent that you are 18 years of age or older, or are 16 years of age or older and have valid parental consent to do so.
Business Transfer. We may, in the future, sell or otherwise transfer some or all of our business, operations or assets to a third party, whether by merger, acquisition or otherwise. Personal data we obtain from or about you via the Services may be disclosed to any potential or actual third-party acquirers and may be among those assets transferred.
Do Not Track. We use analytics systems and providers that process personal data about your online activities over time and across third-party websites or online services, and these systems and providers may provide some of this information to us. We do not currently process or comply with any web browser’s “do not track” signal or similar mechanisms. Note, however, that you may find information about how to opt out of Google Analytics, Hotjar online behavioral advertising, and/or block or reject certain tracking technologies in our Cookie Notice.
International Use. Your personal data will be stored and processed in the United States If you are using the Services from outside the United States, by your use of the Services you acknowledge that we will transfer your data to, and store your personal data in, the United States, which may have different data protection rules than in your country, and personal data may become accessible as permitted by law in the United States, including to law enforcement and/or national security authorities in the United States. [For transfers of data into and out of the European Economic Area of the General Data Protection Regulation, we use automatic Shopify account connectors.
Modifications and Updates to this Privacy Notice
This Privacy Notice replaces all previous disclosures we may have provided to you about our information practices with respect to the Services. We reserve the right, at any time, to modify, alter, and/or update this Privacy Notice, and any such modifications, alterations, or updates will be effective upon our posting of the revised Privacy Notice. Your continued use of the Services following our posting of any revised Privacy Notice will constitute your acknowledgement of the amended Privacy Notice.
Applicability of this Privacy Notice
This Privacy Notice is subject to the Terms of Use that govern your use of the Services. This Privacy Notice applies regardless of the means used to access or provide information through the Services.
This Privacy Notice does not apply to information from or about you collected by any third-party services, applications, or advertisements associated with, or websites linked from, the Services. The collection or receipt of your information by such third parties is subject to their own privacy policies, statements, and practices, and under no circumstances are we responsible or liable for any third party’s compliance therewith.
Additional Information and Assistance
If you have any questions or concerns about this Privacy Notice and/or how we process personal data, please contact us at customercare@maorofficial.com.
If you are located in the European Union or European Economic Area, and you wish to raise a concern regarding our use of your personal data, you have the right to do so with our lead supervisory authority or your local supervisory authority.
For more information about how users with disabilities can access this Privacy Notice in an alternative format, please contact our customer care team at customercare@maorofficial.com for help.
Addendum
The below companies may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use and sale of your personal data and your rights, please use the below links.”
Rakuten Advertising:
https://rakutenadvertising.com/legal-notices/services-privacy-policy/
https://rakutenadvertising.com/legal-notices/services-privacy-rights-request-form/
Rakuten Advertising:
https://rakutenadvertising.com/legal-notices/services-privacy-policy/
https://rakutenadvertising.com/legal-notices/services-privacy-rights-request-form/
Terms & Conditions
Welcome to the DMLA LLC website (the "Site" and collectively with our products and services, the “Services”) and operated by DMLA LLC(“[DMLA]”, “we”, “us”, “our”).
THIS IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU AND DMLA. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE SERVICES AND CREATING YOUR ACCOUNT. BY CONTINUING TO USE THE SERVICES, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. THIS AGREEMENT CONTAINS AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS WEBSITE. YOUR USE OF THE SERVICES MEANS THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT.
We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified you of such changes. It is your sole responsibility to review this Agreement for changes prior to use of the Services, and in any event your continued use of the Services following the posting of changes to this Agreement and the Privacy Notice [insert hyperlink] forth elsewhere on the Site, the terms of which are incorporated by this reference, constitutes your acceptance of any changes. You must be at least 18 years old to use the Services.
The Services are controlled or operated (or both) by us from the United States and are not intended to subject us to any non-U.S. jurisdiction or law. The Services may not be appropriate or available for use in some jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Services’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
The Site is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.
THIS IS A LEGAL AGREEMENT ("AGREEMENT") BETWEEN YOU AND DMLA. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE SERVICES AND CREATING YOUR ACCOUNT. BY CONTINUING TO USE THE SERVICES, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. THIS AGREEMENT CONTAINS AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS WEBSITE. YOUR USE OF THE SERVICES MEANS THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT.
We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified you of such changes. It is your sole responsibility to review this Agreement for changes prior to use of the Services, and in any event your continued use of the Services following the posting of changes to this Agreement and the Privacy Notice [insert hyperlink] forth elsewhere on the Site, the terms of which are incorporated by this reference, constitutes your acceptance of any changes. You must be at least 18 years old to use the Services.
The Services are controlled or operated (or both) by us from the United States and are not intended to subject us to any non-U.S. jurisdiction or law. The Services may not be appropriate or available for use in some jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Services’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
The Site is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.
Intellectual Property.
The content, organization, graphics, design, compilation, and other matters related to the Services are protected under applicable U.S. and international copyright, trademark and intellectual property laws. Maor and our logos and other marks are trademarks of DMLA LLC("Trademarks"). We exclusively own all worldwide right, title and interest in and to all the Trademarks, documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, "look and feel," compilations, magnetic translations, digital conversions and other materials included within and related to the Services, and all modifications and derivative works thereof, and all intellectual property rights related thereto (the "Intellectual Property"). The posting of information or materials on the Site by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. You shall not challenge, contest or otherwise impair DMLA’s ownership of the Services and the content therein or the validity or enforceability of DMLA’s rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or other content appearing on the Site at any time without notice. Nothing contained in this Agreement shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property right of DMLA or any third party. Subject to the terms and conditions of this Agreement, DMLA grants you a limited, royalty-free, non-exclusive, revocable, terminable, personal license to use the Intellectual Property solely for your own personal, noncommercial use. None of the material on our Site may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of DMLA, which permission may be withheld in our sole and absolute discretion.
Accuracy of Information.
While we use reasonable efforts to include accurate and up to date information on the Services, we make no and disclaim all warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the information contained on the Services.
Content of Site and Products.
Products available through the Site are subject to our Shipping & Returns Policy [insert internal hyperlink]. Certain products may be available in limited quantities. Although we have made every effort to display as accurately as possible the colors and images of our products that appear on the Site, we cannot guarantee that your device or computer monitor’s display of any color will be accurate. We reserve the right to limit the quantities of any products that we offer and to discontinue any product at any time, without prior notice.
We reserve the right to refuse any order you place with us and, in our sole discretion, may limit or cancel quantities purchased per person or per order. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers, or distributors
Placing Orders; Return Policy.
We offer ground shipping, 2 day and overnight options through Fedex. For international orders we calculate your duties and; taxes upfront so there are no surprises when you receive your package. If you are located in the LA area you may order online to pick up at our LA Store. We accept returns of eligible products purchased online through our website within 5 days of delivery of order with the exception of items noted as FINAL SALE on the product detail page and at checkout are not eligible for return. In the LA area you may return or exchange in person at the LA store.
If for any reason you are not fully satisfied, you can return merchandise within 7 days of receipt.
Reach out to customercare@maoroffical.com, call or text 844.952.3229 with your return request. Make sure to include your order number.
Once approved will receive an approval code and packing slip via email.
Pack the items you are returning in the original package; enclose the original packing slip with your approval code written on it in your return package.
Seal the box securely and adhere the return shipping label included with your order to the package.
Packages can either be dropped off at any authorized Fedex location, or you can schedule a pick-up via Fedex. Please ensure the package is scanned for tracking purposes and obtain a receipt, along with record of your tracking number.
For exchanges the new item requested will be shipped once the return item is accepted.
Prices and Payment.
The price for all goods will be as quoted on our Site and we reserve the right, in our sole discretion, to change the price for any goods at any time, for any reason. Prices and availability information are subject to change without notice. Prices do not include any applicable taxes, where applicable, delivery costs, all of which you agree to pay.
Order Acceptance.
Acknowledgement of your order means that DMLA has received your order request; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. DMLA must verify an item's availability before it is shipped
Rules of Conduct.
In connection with the Services, you must not:
Use the Services for any purpose that is fraudulent or otherwise tortious or unlawful.
Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, including by hacking or defacing any portion of the Services; or violate any requirement, procedure or policy of such servers or networks.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Services except as expressly authorized herein, without our express prior written consent.
Frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service, without our express prior written consent.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather information from the Services, or reproduce or circumvent the navigational structure or presentation of the Services, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, we grant to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.
Use the Site or the Services for any commercial purpose whatsoever other than for your personal use.
You will not use the Services for any purposes that is unlawful or prohibited by the terms of this Agreement. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Services.
Your DMLA Account
Accessing the Services through your account acknowledges authorization to contractually bind the user and user’s review and acceptance of this Agreement and acknowledgement of the Privacy Notice. If you use the Services, 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. We and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Privacy and Security.
We strive to make using the Services safe and secure. Any and all information that we obtain from you, including names, addresses, telephone numbers, e-mail addresses, credit card numbers, and any other information concerning use, transactions, and traffic through the Services may be collected and used by us as provided in our Privacy Notice. Any credit card information that you submit is stored by our third party service provider, Shopify.
You represent and warrant that that (i) you have read and acknowledge the terms of our Privacy Notice [insert hyperlink], the terms of which are incorporated herein, (ii) any personal information supplied to us is true, correct and complete, and (iii) you have not supplied to us any proprietary information.
Remedies
We may restrict, suspend, or terminate your access to all or any part of the Services, with or without notice for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. Termination shall be without prejudice to any other right or remedy to which we or our affiliates may be entitled under this Agreement or at law.
Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT, MATERIALS AND PRODUCTS CONTAINED WITHIN THE SERVICES, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. IN ADDITION, DMLA DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE SERVICES; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE SERVICES, INCLUDING THE UNAVAILABILITY OF THE SERVICES, OR CIRCUMSTANCES OVER WHICH THE ORGANIZATION HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SERVICES MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO, AND DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SUFFICIENCY OF THE SECURITY MEASURES USED FOR DATA HANDLING AND STORAGE, AND WE WILL NOT BE RESPONSIBLE FOR ANY ACTUAL, CONSEQUENTIAL SPECIAL OR INCIDENTAL DAMAGES THAT RESULT FROM A LAPSE IN COMPLIANCE WITH OUR PRIVACY NOTICE [insert hyperlink] BECAUSE OF A SECURITY BREACH OR TECHNICAL MALFUNCTION. DMLA, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SERVICES OR USE OF ANY INFORMATION ACCESSED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DMLA THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND.
DMLA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY INFORMATION POSTED BY ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO INFORMATION APPEARING ON ANY COMMUNITY AND/OR AGGREGATION PAGES, ANY LINKED SITES OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DMLA SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, ANY VIRUSES AFFECTING THIS SERVICES, THE USE OR INABILITY TO USE THIS SERVICES, INCLUDING THE COMMUNITY, THE RESULTS GENERATED FROM THE USE OF THE SERVICES, INCLUDING THE COMMUNITY, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US IS TO DISCONTINUE YOUR USE OF THE SERVICES. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THIS AGREEMENT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnity
Except to the extent prohibited under applicable law, you will indemnify and hold us, our subsidiaries, parents, affiliates, officers, directors, shareholders, legal representatives, agents, and other partners and employees, harmless from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney’s fees, and other expenses of every nature and character by reason of (i) your use of the Services, and (ii) your breach or alleged breach of this Agreement, our Privacy Notice [insert hyperlink] and/or any breach or alleged breach of your representations and warranties set forth in this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.
Governing Law.
We control and operate the Services from our offices in the State of California, USA. We do not represent that the Services are appropriate or available for use in other locations outside the United States. Persons who choose to access the Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree that the laws of the State of California, excluding its conflict of laws rules, and this Agreement, our Privacy Notice [insert hyperlink] and any other policies posted on the Site applicable to your use of the Services shall govern your use of the Services. Subject to the arbitration provision below, you expressly agree that exclusive jurisdiction for any claim or dispute with us or relating in any way to your use of the Services resides in the courts of Los Angeles County, California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Los Angeles County, California, in connection with any such dispute and including any claim involving DMLA, our employees, contractors, officers, directors, and suppliers.
Arbitration
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and DMLA or its successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator and will be governed by the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
To the fullest extent permitted by applicable law, you and DMLA must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR DMLA MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) the arbitration shall be confidential, and neither you nor DMLA may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (4) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (5) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Severability
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor the right to enforce such provision.
Miscellaneous
This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
If you have any questions regarding this Agreement, please contact us at customercare@maoroffical.com.
EFFECTIVE DATE: June 1, 2022