TERMS AND CONDITIONS

PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE ("TERMS") BEFORE UTILIZING THIS SITE. Welcome to maletsy.com. We designate this website, along with its entire content, features, design, and functionality, as the "Site." This Site is managed by Maletsy. This Site is meant for exclusive access and utilization by authorized users, including clients and associates of Maletsy (referred to as "Authorized Users"). By utilizing this Site, you affirm that you are an Authorized User and that you have thoroughly read and understood the following Terms.

Your Acknowledgment of these Terms

  1. Acceptance of Posted Terms: Each time you make use of this Site, you, on behalf of yourself and your organization, agree to adhere to and be bound by these Terms. If you disagree with these Terms or lack the authority to bind your organization to them, please refrain from accessing or viewing this Site.
  2. Acceptance of Amendments to Terms: Kindly note that Maletsy reserves the right to modify these Terms occasionally. While, at its sole discretion, Maletsy may require you to explicitly acknowledge your acceptance of these Terms, including when significant changes are made, your ongoing use of the Site indicates your acceptance of these Terms and any adjustments. Therefore, we recommend periodically reviewing the Terms when accessing the Site.
  3. Legal Capacity to Accept the Terms: You assert that you are at least 18 years old or hold the legal authority under relevant law to enter into legally binding agreements to use this Site.
  4. Separation from Other Agreements: These Terms govern your use of this website and are distinct from the terms or conditions specified in any other agreements you may have entered into with Maletsy.
  5. Acceptance policy for information: It's important to note that receiving electronic or other forms of order request confirmation does not imply acceptance of your application or confirm the provision of a service or product by our company. We retain the right to accept or reject your request for any reason after receiving your information. Maletsy cannot be held responsible for unfulfilled requests or unsuccessful applications due to non-compliance with service opportunity requirements.

Your Rights and Responsibilities as a User of this Site

  1. Authorized Use: You may access and employ this Site solely for the purpose for which Maletsy has made it accessible to you (the "Purpose"). The use of this Site for any other purpose, such as penetration testing or any of the prohibited activities outlined below, is strictly prohibited.
  2. User Account: To use this Site, you may need to register an account. You are entirely responsible for safeguarding your login credentials' confidentiality and for all actions carried out by any party using your account. Promptly notify Maletsy if you become aware of any unauthorized use of your account or any security breaches. While Maletsy will not be liable for any losses arising from the use of your account by another party, whether with or without your consent, your actions may make you responsible for any losses incurred by Maletsy or others. You must not use another person's account without the account holder's express permission and Maletsy's authorization.
  3. Prohibited Uses: You agree not to employ this Site in any manner that:
  • Is illegal, fraudulent, or abusive.
  • Contains defamatory or obscene content.
  • Competes with the business of Maletsy, its business partners, or licensees.
  • Offers Site access or content for sale, assignment, sublicensing, or otherwise makes content available to third parties.
  • Violates the intellectual property or ownership rights of Maletsy or a third party, including the creation of derivative works based on the Site.
  • May disrupt any third party's use and enjoyment of the Site.
  • Introduces viruses or other harmful programs or code.
  • Bypasses passwords, access controls, captchas, robot.txt scripts, and similar technologies designed to protect users and/or our intellectual property.
  • Collects personal information, intellectual property, or any part of this Site through archiving, mining, or harvesting.
  • Attempts to compromise the Site's security or gain unauthorized access to Maletsy's confidential information or its other clients' information, or to Maletsy's computer systems or networks connected to any Maletsy server through hacking, password mining, or any other means.
  • Could harm, disable, overload, or impair any Maletsy server or the networks connected to any Maletsy server.
  • Distributes unsolicited promotional or advertising materials, spam, or similar content or a large volume of messages that may disrupt the Site's operation or the enjoyment of this Site by other visitors.
  1. Linking: Unless expressly authorized in writing by Maletsy, you may not make any part of the Site available as part of another website, whether through hyperlink framing on the Internet, caching, or other methods. Maletsy reserves the right to disable unauthorized links or frames. Maletsy does not assume responsibility for the content of any third-party websites linking to this Site or for any harm you may incur from third-party websites linking or framing this Site.
  2. User Comments and Discussion Forums: We may offer you and other users the opportunity to post comments or engage in discussion forums on this Site. Maletsy does not endorse user posts, and they should not be considered reflective of Maletsy's opinion. If you post comments on this Site, you are entirely responsible for the content of your posts and must avoid posting material that is inaccurate, contains personal information about yourself or a third party, promotes a product or service for sale, or violates the conduct guidelines provided in sections 6 and 7. Anything you post is considered non-confidential and non-proprietary, and you grant Maletsy a limited license to use, store, and copy such content.

Site Purpose and Content

    1. Intellectual Property: You acknowledge and agree that the Site represents valuable intellectual property and trade secrets of Maletsy and its licensors, developed through substantial time, effort, and resources. The Site's content, including text, photographs, videos, audio, and graphics, is protected by copyrights, trademarks, service marks, international treaties, and other proprietary rights and laws of the U.S. and other countries. It is also safeguarded as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Site are copyrighted works. The trademarks, service marks, trade names, logos, designs, and sounds associated with the Site are owned by Maletsy or third parties. You agree to comply with all applicable copyright, trademark, and other laws, along with any additional copyright notices or restrictions contained in the Site. You may download materials from the Site and print a reasonable number of copies for personal use or use within your organization, provided that all copies retain all copyright and other proprietary notices.
    2. License: Your access and use of the Site do not grant you ownership, rights, or licenses to the Site other than the limited right to use the Site in accordance with these Terms.
    3. Site Content and Availability: The Site is provided "AS IS" and "AS AVAILABLE." Your access depends on our Site functionality, your access levels, and the Terms. Maletsy retains the right, at any time and without notice, to enhance, modify, alter, suspend, or permanently discontinue all or part of this Site, and to restrict or prohibit access.
    4. Links to Third-Party Websites: For your convenience, this Site may provide links or redirect you to third-party websites. Maletsy has no control over third-party websites, is not responsible for their accuracy, content, or security, and does not endorse third-party website owners, content, or services. Using third-party websites is solely at your own risk, so it's advisable to review the terms and conditions and privacy policies of any third-party websites before using them.
    5. Global Access: Maletsy is based in the USA and offers this Site for use by individuals in the United States. We do not claim that the Site or its content is accessible or suitable outside the United States, and you are responsible for ensuring your use of this Site complies with local law.
  • NO WARRANTIES: You acknowledge that Maletsy provides this Site "AS IS" and "AS AVAILABLE," with no warranties or guarantees. To the maximum extent permitted by law, Maletsy disclaims all conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, accuracy of informational content, system integration, non-infringement of third-party rights, quiet enjoyment, and uninterrupted or error-free operation.
  • DISCLAIMER OF LIABILITY: Maletsy and its subsidiaries, managers, employees, officers, agents, subcontractors, suppliers, and licensors hold no liability to you for your use of this Site. To the extent allowed by law, Maletsy will not be liable to you for damages of any kind, whether foreseeable or unforeseeable, even if Maletsy or its agents have been advised of potential damages arising from your use of the Site. These damages include but are not limited to direct, indirect, general, incidental, special, punitive, and consequential damages, along with losses such as loss of use, data, goodwill, profits, work interruption, accuracy of results, or computer malfunctions.

Maletsy's Rights and Responsibilities Regarding User Conduct and Submissions

  1. Use of Submitted Information: By submitting information on this Site, you grant Maletsy, its affiliated companies, service providers, and sublicensees the right to use your information for their business operations. This includes rights to copy, distribute, transmit, reproduce, edit, translate, and reformat your information. You acknowledge that Maletsy may use the information collected through this Site for data analytics, such as benchmarking, modeling, consulting, insights, reports, and other analytics to improve the quality of Maletsy products and services. We may seek your consent when required by law or utilize de-identified or aggregated data for analytics.
  2. Privacy: All personal information you provide or that we collect about you through this Site is governed by our Privacy Policy.
  3. SMS TERMS: By providing your mobile telephone number and checking the corresponding box during form submission on maletsy.com, you expressly consent to receive both non-marketing and marketing text messages from Maletsy. This includes messages sent via an autodialer to the mobile telephone number(s) you provided. You can opt out of these communications at any time, and consent to receive marketing text messages is not required to use our site. SMS subscribers can expect to receive no more than one SMS per day from us. SMS communications are compatible with specific carriers. Message and data rates may apply. The content of SMS messages sent by us includes benefits and resources relevant to the individual subscriber. You can opt out of these communications at any time by texting STOP to any message received from us. For assistance, subscribers can text HELP to any message received from us or make a request via email at support@maletsy.com or by calling (866) 646-3693 . Please note that T-Mobile is not liable for delayed or undelivered messages.
  4. Security: Maletsy employs secure technology to protect your personal information. While we have implemented reasonable measures to secure the information you submit to the Site, we cannot guarantee that such information will not be intercepted or decrypted by unauthorized parties. Maletsy assumes no responsibility for such interception or decryption.
  5. Monitoring and Termination: Maletsy reserves the right to (i) remove or reject any user content, (ii) disclose your identity or other information about you to third parties claiming that material posted by you violates their rights or in response to a subpoena, (iii) take legal action, including involving law enforcement, for any illegal or unauthorized use of the Site, and (iv) suspend your access to this Site and refuse any further access. You understand that Maletsy is not liable for any damages you may incur from the exercise of these rights.
  6. Assignment: Maletsy may assign these Terms and its rights and obligations under these Terms without your consent and at its sole discretion. You may not assign or transfer your rights and obligations under these Terms.
  7. No Waiver: Failure by Maletsy to assert its rights at any time does not constitute a waiver of these Terms. No consent or waiver is effective unless in writing and signed by both parties.

Additional Legal Provisions

  1. Governing Law and Venue: You consent to the resolution of any disputes or claims related to your use of our Services, as well as any products or services offered, sold, or purchased through our Services, by arbitration. These disputes will be exclusively resolved through binding arbitration between you and us or between our subsidiaries, affiliates, or agents and you, except for claims that meet the criteria for being brought in a small claims court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
  2. Prohibition of Class and Representative Actions and Non-Individualized Relief: Both you and we agree that each party may bring claims against the other solely on an individual basis and not as part of any purported class or representative action or proceeding. The arbitrator may not consolidate or join claims from more than one person or party and may not preside over any form of a consolidated, representative, or class proceeding. The arbitrator can only award relief in favor of the individual party seeking relief to the extent necessary to address that party's individual claims.
  3. Disputes; Choice of Law and Forum: You and Maletsy agree that any claim or cause of action linked to the Service must be filed within one year of the occurrence of the claim or cause of action; otherwise, such a cause of action will be permanently barred. These Terms will be interpreted in accordance with the laws of the State of Florida, excluding its conflict-of-law rules, and the United States of America.
  4. Indemnification: To the extent permitted by law, you agree to indemnify Maletsy and its affiliates, employees, officers, directors, agents, successors, and assigns against any costs, claims, losses, and damages (including legal fees) incurred by or awarded against Maletsy due to your use of this Site or your breach of these Terms.
  5. Invalidation of Terms: If any part of these Terms is found invalid or unenforceable by a competent authority, you agree that all other Terms will remain in effect.
  6. Void Where Prohibited; Restrictions: Maletsy reserves the right to limit, at its sole discretion, the provision and quantity of any feature, product, or service on this website to any person or geographic area. Any offer for any feature, product, or service made on the website is void where prohibited. If you choose to access the website from outside the United States, you do so at your own initiative and are solely responsible for complying with applicable local laws. This Site is not intended for use in any territory or by any party subject to sanctions or export restrictions under laws applicable to Maletsy or you. Furthermore, website access or use is prohibited in any territory or by any party that could expose Maletsy or its affiliates to any sanction, prohibition, or restriction under UN Security Council Resolutions or other trade or economic sanctions laws or regulations. You may not use, export, or re-export this website or any copy or adaptation in violation of United Nations Security Council Resolutions or applicable laws.
  7. Entire Agreement: These terms and conditions of use constitute the entire agreement between the parties regarding the subject matter herein.