WEBSITE TERMS OF USE

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Last Updated 8/18/2022.

Thank you for visiting our Company’s website (“Website”). We hope you find what you are looking for and enjoy our website content, which has been thoughtfully crafted for users like you.

Please review these Terms of Use very carefully.  By accessing our Website, you are agreeing to these and are expressing that you have been given reasonable access to review these Terms prior to your continued use of our Website. This Agreement is binding as of the date you access our Website.

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General Purpose.  These Terms of Use (“Terms,” or “Agreement”)  that You, the Website user, are entering with Mallory Designs ("Company," "we," "us," “our”) govern how you may access and use our Website.  The Company and You will collectively be referred to as “Parties,” and each individually as a “Party.”

By accessing our Website, you are agreeing to these Terms and our Privacy Policy, accessed here http://www.mallory-designs.com/privacy, which is hereby incorporated by reference. If you do not wish to agree to these Terms and our Privacy Policy, or are not legally able to form a binding contract, you must immediately quit using our Website.

Age Limitations. Our Website is offered to users who are at least 13 years old. If you are not at least 13 years old, you are not allowed to use our Website. By continuing to use our Website you are representing that you meet the minimum age requirements to form a binding contract in your jurisdiction.

Changing Terms. We reserve the right to update and revise these Terms at any time without notice to you. The date that these Terms were last updated is noted on the top of this Agreement.  Your continued use of the Website after we have updated these Terms indicates your acceptance and agreement to the changes.

Website Changes + Access. As our Company evolves, our Website and its contents will change with it. We reserve the right to delete, withdraw, or edit this Website (and any service or material we provide on the Website) however we see fit, at any time, and without notice. We are not liable to you if the Website or any part of it is unavailable. For example, this may happen when our Website is undergoing an “under construction” phase where we need to make edits, changes, or amendments. Thank you for understanding.

If you are prompted to provide registration information or other details to access the website or any part of it, you are warranting that the information you provide is correct. Further, you agree that any information you provide to us is correct.

Privacy. We respect your privacy and are committed to protecting it.  We may use certain information that we collect from you to operate our Company and/or our Website.  Please review our Privacy Policy to understand the types of data we collect from you and your devices (“Data”) in connection with your use of our Website and how we use your Data. By continuing to use our Website you are expressing that you agree with how we collect and use your Data as set out in these Terms and our Privacy Policy.

Protection of Personal Information. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.

You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. We recommend keeping your login credentials and account information private so no other users are able to access it.

You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.

You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you decide to log into your account on a public or shared computer, make sure to log out after your viewing session to help protect your information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time [in our sole discretion for any or no reason, including] if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property. We enjoy sharing and creating valuable content on our Website for all of our users to engage with and enjoy. However, in making this content publicly available, we still hold ALL of the Intellectual Property Rights to the work.  Meaning, all intellectual property rights including, but not limited to trademarks, copyrighted material, trade secrets, and other proprietary information are owned by the Company and its designees.  The Company has the sole exclusive right to reproduce, share and create derivative works from this intellectual property.

You understand and agree that you are only allowed to access the Website and our content for your personal, non-commercial use.

We understand and agree that your computer may incidentally and automatically store copies of our content and website for ease of accessing those materials.  However, you are not allowed to reproduce, modify, or share the material contained on or downloaded from our Website.

You may not use the Company’s trademarks including, but not limited to, brand names, logo marks, service marks, designs, and slogans, without written permission from the Company.

Linking to Website + Social Media. Thank you for your interest in linking to our Website and/or social media accounts. Before you place a link on your website or another platform, please adhere to these guidelines to ensure our reputation is left intact.

If you are linking to our Website as a credited source for an article, blog or press, you must include a link to our Website in the cited material.  However, no information or content from our Website should be copied in its entirety without express written permission from the Company.

All links to our Website must establish that you do not have any association or endorsement from the Company (absent a separate affiliate, influencer or other written agreement).

Further, you should only link to our Website on a site or social media account that is owned by you and complies with the content guidelines in this Agreement. You agree to immediately remove any and all links at the Company’s request.

Restricted Uses. To aid in keeping our Website more safe and secure for all of its users, we have curated a list of prohibited uses of our Website. Please abide by these restrictions when navigating, browsing, or using our Website in any way. Our Website should only be accessed and used for lawful purposes according to these Terms.

You are not allowed to use the Website:

  • In violation of any State, Federal or International Laws.

  • For any discriminatory purpose.

  • For any purpose in violation of our User Content provision in the Terms, incorporated by reference herein.

  • For any spoofing, spamming, or impersonating the Company purposes.

  • To transmit or distribute spam email or messaging.

Further, you may not:

  • Implement or use any spider, crawler, scraping, bots, or other automated processes to access the Website for any purpose.

  • Interfere with the Website’s operation in any way including, but not limited to, the use of viruses, malicious codes, attacks or programs.

  • Bypass or hack authentication processes or gain any unauthorized access to the Website.

User Submissions. From time to time, our Website may contain features which enable you to submit or post content and material to the Website and/or submit directly to the Company. We prioritize the safety and environment of our Website and require that all your submissions comply with this Agreement.

All user submissions are non-confidential. You relinquish to the Company all proprietary rights in the same upon submission. You understand and agree that anything you submit or post through our Website grants the Company and our designees the right to use such material in any capacity for any purpose.

You understand and agree that you are solely responsible and liable for any submissions you make.  The Company will not be held liable in any way for your submissions or posts.

Consent to Use. By submitting reviews, images, comments, testimonials, or tags to us on any platform including, but not limited to social media and online reviews, you are by default granting us a commercial license and voluntarily releasing us to use your submissions for any reasonable future business use. In doing so, we may use your name and/or photo along with any other publicly acknowledged information that has been revealed by you when referring to your submissions on our Website, marketing materials, guides, and any other platform not expressed in this agreement.

Monitoring + Enforcement. We value all user submissions, but we are unable to review all submissions, posts and materials before they are posted to the Website. Therefore, we cannot be held liable for the failure to remove objectionable submissions or posts from the Website. However, the Company may remove user submissions and content for any reason and at its sole discretion without notice to you. Further, the Company may terminate user access to the website for any reason without notice.

Additionally, you understand and agree that the Company may be required to disclose your identity or personally identifiable information due to third-party claims, legal matters or for other purposes in compliance with law enforcement agencies, court orders or appropriate directives.  You agree that the Company will not be liable to you in any way for the disclosure of your identity or other information under the foregoing circumstances.

The Company reserves the right to take legal action against any user, person or entity who violates this Agreement.

User Content Guidelines. We care about providing a safe, inclusive space through our Website for users to gather online, share ideas, and consume helpful content.

We will not for any reason tolerate hate speech, sexually explicit materials, copyright infringements, or any number of things listed inside our Content Standards. Please review this list in its entirety before posting or interacting with any users or features on our Website.

User submissions are not allowed to:

  • Violate any state, federal, or local laws and regulations or promote illegal activities.

  • Violate any other person or entity’s intellectual property or legal rights.

  • Contain or encourage any obscene, indecent, sexually explicit or violent material and/or acts.

  • Contain any hateful, discriminatory or other objectionable content.

  • Embarrass, stalk, harass, or harm another person.

  • Misrepresent any person’s identity or organizational affiliation.

  • Be used for any promotional or commercial purposes including advertising.

The Company’s guidelines for user submissions and interactions are intended to promote our community and Website’s safety.  However, the Company is not liable for any content that is not in compliance with these Terms and guidelines.

If you see content that does follow these Terms, please inform us immediately so we can look into this issue and determine how to move forward. Together, we can keep our Website free of language and materials that are intended to hurt, harm, or infringe on the rights of others. Thank you.

Disclaimer. We do not warrant the accuracy, completeness, or usefulness of the information you find on our Website. Any reliance you place on such information is at your own risk.

You understand and agree that the Website and its content is merely informational in nature and does not represent any level of  legal, medical, financial, or other professional industry-specific advice. As such, our Company will not be responsible for any damages that result from the use of our Website and its content.

External + Affiliate Links. From time to time, we will link to external websites and sources that are outside of our Company for your convenience only.  These links may include, but are not limited to advertisements, affiliate links, 3rd party website links, and sponsored links. In doing so, we recognize that we have no control over the contents of these sites nor do we have any access to making changes or amendments to them.

Geographic Limitations. The owner of the Website is based in the State of [your State] in the United States. We provide this Website for use only by persons located in the United States.

No Warranties + No Guarantees. The Company is providing this Website and all content accessible through it on an “As-Is” basis for individual use by you at your own risk and without any warranties, whether express or implied, including, but not limited to warranties of title; merchantability; fitness for a particular use; or any rights or licenses in this Agreement.  We cannot guarantee that the Website and any downloadable content will be free from viruses or other harmful code. The Company makes no warranty as to the accuracy and reliability of information set forth on the Website and its content.  To the fullest permissible extent, the Company disclaims liability for any damages you sustain as a result of use or access of the Company’s Website, content and any linked 3rd party Websites or content.

You understand and agree that the Company does not guarantee specific results, including financial or other business gains for you personally or for your business. The information included on the Website is provided for informational purposes only and you are responsible for implementing any business practices or suggested actions found on the Website.

Limitation of Liability. The Company is in no way liable to You or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to this Agreement or Your use of this Website, regardless of whether the Purchaser was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based. If found to be applicable by a court of competent jurisdiction or by law, the Company’s total liability arising out of or related to this Agreement and your use of the Website will be limited to the total amount paid to the Company preceding the event giving rise to the claim.

This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.

Indemnification. You agree to defend, indemnify, and hold harmless the Company and its designees in all cases arising out of your use of our Website, web content, services or any information contained therein.

Binding Arbitration. In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in Anne Arundel County, Maryland. If the arbitration is unable to move forward in the designated jurisdiction, the Company will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.

Choice of Law. This Agreement and the Parties’ relationship are governed by the laws of the State of Maryland. In the event of conflicting laws, the laws of the State of Maryland will control.

Severability + No Waiver. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in this Agreement will remain valid and enforceable. By failing to enforce any right or provision of this Agreement, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in this Agreement will only be considered waived if done so in writing by an authorized representative of the Company.

Transfer + Assignment. You may not transfer or assign any of your rights under this Agreement to any third party without the express written consent of the Company.

Notices. We may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting. You may provide notice to the Company by certified mail to Mallory Hoon 3113 Drogue Ct. Annapolis, MD 21403. Notices provided by certified mail will be effective upon actual receipt of the notice.

All legal notices including those related to intellectual property and copyright infringement claims should be sent by certified mail to the Company’s agent and mailing address located in this provision above.

All requests and other communications relating to the Website should be directed to: mallory@mallory-designs.com.

Headings for Convenience Only. The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision.

Entire Agreement + All Rights Reserved. In concluding this Agreement, you understand and acknowledge that these Terms constitute the final agreement and supersedes all others regarding the purchase, sale, and use of any Products and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.

Thank you for reading the Terms of Use in its entirety. We hope you were able to gain clarity on how to effectively use and browse our Website.

TERMS OF PURCHASE

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Last Updated 8/19/2022.

Thank you for your support and interest in Mallory Designs. We are so thankful to have you as a part of our community!

Please review these Terms of Purchase very carefully.  By purchasing our products and/or services, you are agreeing to these and are expressing that you have been given reasonable access to review these terms prior to your purchase. These Terms are binding as of the date you purchase or access our products and/or services.

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General Purpose. These Terms are between you (“Purchaser,” “you,” “your”) and Mallory Designs (“Company,” “we,” “us,” “our”) for the purpose of purchasing or otherwise obtaining goods (our “Products”) whether through our website at http://www.mallory-designs.com or any related domains or subdomains (the “Website”), or in person. The Company and the Purchaser will collectively be referred to as “Parties,” and each individually as a “Party.”

By clicking “Add to Cart,” “Buy Now,” or any other phrase on the purchase button, submitting a payment electronically or in-person, or otherwise subscribing through the Website, you are agreeing to adhere to and be bound by following terms and conditions (the “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

Applicability. These Terms are the only terms that govern how we provide our Products to you.  These Terms:

  • Together with your order confirmation (“Order Confirmation”), make up the entire agreement (collectively, this “Agreement”) between you and the Company, and supersede all others, both written and oral, regarding the purchase, sale, and delivery of any Services and the use of the Website. In the event of any conflict between these Terms and the Order Confirmation, the Order Confirmation will govern.

  • Will prevail over any terms and conditions submitted by you with a request for proposal, order, or in any other manner. Providing Products to you does not mean that we, in any way, accept your terms and conditions, nor will it amend or modify these Terms.

Scope of Products. Our Products include but are not limited to: personal stationery, invitations, party supplies, gift tags, art prints, home decor, etc. We agree to provide Products to you as described in the Order Confirmation.Product Delivery. When you make a purchase and submit your payment, you will be provided with the Products as detailed on the Website and/or as you selected prior to purchase. Please note that product delivery will differ based on when you make your purchase. For more information, please refer to [the product description.  If the Product is listed as presale or pre-order, the order will be delivered as detailed on the Website. The Company will make all reasonable efforts to meet any estimated delivery dates. Should the Company be unable to meet estimated timelines for delivery of presale Products, the Company will have the sole discretion as to whether to issue a refund.

We may ship the Products listed on the Order Confirmation individually based on availability.  Each shipment will constitute a separate sale, and you will be responsible for paying for each Product shipped whether the shipment is a full or partial order fulfillment.

If we are unable to deliver the Products because of your failure to provide appropriate instructions, address(es), documents, or authorizations: (i) any Product loss will become your responsibility; (ii) the Products will be considered delivered; and (iii) we may, at our discretion, store the Products until you pick them up with Purchaser being liable for all related costs and expenses.

Non-Delivery. The number of Products as recorded by Seller upon dispatch of the Order is evidence of the quantity received by the Purchaser upon delivery. Seller is not liable for any non-delivery of Products unless Purchaser gives written notice to Seller of the non-delivery within 7 days of the date when the Products would in the ordinary course of business have been received. Any liability of Seller for non-delivery of the Products shall be limited to the cost actual quantity of Products that were not delivered. Seller has no liability beyond that cost.

Merchandise Availability. We cannot guarantee merchandise availability on our Website as it may be low in stock.  We will notify you by email if merchandise is not available at the time your order processes. You can confirm availability by emailing us at info@mallory-designs.com.

Sales Price. The price of our Products is the price indicated on the Order Confirmation (the “Sales Price”).  If no price is included on the Order Confirmation, the Sales Price is the price published on the Company’s website as of the date reflected on the Order Confirmation. We reserve the right to cancel full and partial orders due to pricing errors in store presentation. Unless otherwise indicated, all Fees are in USD.

Promotions + Discounts. We may occasionally market and/or advertise promotions, discounts, limited time offers, and/or bonuses (“Promotions”) to potential customers. You are entitled to take advantage of any active Promotions when you purchase our Products. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when you make a purchase through the Website. We reserve the right to change or alter any Promotions at any time and at our sole discretion. If you made a purchase of our Products prior to any associated Promotions, we are unable to honor the new offer or issue a partial refund in the form of cash or store credit.

Payment + Billing. By providing the Company with your preferred payment method, you represent and warrant that you:

  • Are authorized to use that payment method (the “Authorized Payment Method”)

  • Authorize the Company to charge your Authorized Payment Method for any fees related to your purchase of the Products, including without limitation fees relating to any paid feature of the Website and/or subscription service of the Company in which you have chosen to enroll (collectively, the “Fees”)

  • Grant to us the right to provide information necessary to process payment through your Authorized Payment Method to third parties to facilitate the transactions initiated by you or on your behalf

  • Agree to pay all charges incurred by you or on your behalf through the Website, at the prices in effect when those charges are incurred including but not limited to all shipping and handling charges/applicable fees and taxes

  • Authorize us to charge your payment method for any Products received in connection with any limited time trial-period offer if you do not cancel the offer and/or return the Products on or before the last day of the trial period.

Transactions. We reserve the right to refuse or cancel any order you place on the Website for any reason, including for pricing errors as described in the Sales Price section of these Terms. We reserve the right to limit order quantities by Purchaser, payment method, and/or billing or shipping address.  These Terms expressly prohibit the purchase of any of our Products to resellers, distributors, and dealers.

Error in Store Presentation. We strive to present information that is published correctly and update the Website regularly in a way that allows us to correct any resulting errors.  However, any of the content on the Website may, at any given time, be incorrect or out-of-date. We reserve the right to make changes to Product prices, specifications, processes, Promotions, availability, and to the Website as a whole at any time under any circumstance.  While we try to accurately display the colors of products, the colors you see may not be accurate depending on your monitor and/or mobile device.

Inspection of Nonconforming Products. Although we do our best to ensure that you receive the Products you ordered, there is a chance you could receive a different product than what is listed on the Order Confirmation, or a product with contents that do not match what is described on its label or packaging (“Nonconforming Products”).  You should inspect the Products within 7 of receiving them (“Inspection Period”). You will be considered to have accepted the Products unless you notify us in writing of any Nonconforming Products by the end of the Inspection Period and provide documented evidence as required by the Company. If you notify us of any Nonconforming Products during the Inspection Period, we may at our sole discretion and as your exclusive remedies, (i) replace the Nonconforming Products with conforming Products, or (ii) issue a credit or refund for the Sales Price and any shipping and handling charges incurred by the Purchaser. If we decide to replace the Nonconforming Products, you will not be responsible for any shipping and handling fees.

Limited Warranty + Warranty Limitations. We warrant to the Purchaser that the Products:

  • Will not be Nonconforming Products

  • Will be free from significant defects in material and workmanship from their shipment date [through the date of receipt by the Purchaser / and for a period of 3 months thereafter (the “Warranty Period”)

The warranties described in this section do not apply for Products that have been:

  • Misused, neglected, abused, or used in a manner contrary to our instructions or instructions provided by a third party manufacturer

  • Tested, installed, stored, or handled improperly

  • Subjected to abnormal environmental conditions or physical stress

  • Altered, repaired, or reconstructed by you or any other person besides the Company

  • Used in conjunction with any other product not previously approved by the Company

  • Manufactured by third parties

Returns + Exchanges.

After you agree to these Terms, we do not allow for returns or refunds under any circumstances. In addition, no modifications to your purchase will be granted once your purchase is made. Thank you for understanding.

Chargebacks. By attempting a chargeback with your financial institution, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by the Company. We have the right to present these Terms to your financial institution, any payment processing company and/or investigating agency concerning the attempted chargeback or financial dispute.

Intellectual Property. The Company owns and retains all rights, titles, and interests in and to the Products.  Nothing in these Terms transfers any intellectual property ownership, and we reserve all rights not expressly granted to you. Altering or modifying the Products in any way does not grant you intellectual property ownership or the right to market or sell the altered or modified Products.

Consent to Use. You are welcome to give us comments and feedback pertaining to our Website, our Products, and our Company, however, we can not receive any confidential or proprietary information.  Therefore any reviews, images, comments, testimonials, feedback, ideas, suggestions, information, offers, tags, and other disclosures submitted to us through our Website or otherwise (collectively, “Submissions”) are by default not confidential.  You hereby grant us an unrestricted, irrevocable, perpetual, fully-paid, royalty-free commercial license and voluntarily release us to use your Submissions in any manner for any future business use. In doing so, we may use your name and/or photo along with any other publicly acknowledged information that has been revealed by you when referring to your Submissions on our Website, marketing materials, guides, and any other platform not expressed in these Terms.

User Content. Certain features of the Website may allow you to submit messages, post reviews, upload images, videos, folders, or other data, and otherwise publish content to the Website (“User Content”).  We may interact with you through third-party platforms, websites, communication services, and media channels such as Facebook, Instagram, and Twitter (“Social Media Assets”), as well as our Website (collectively, “Communication Platforms”).  You understand and agree that:

  • Any content you submit to our Communication Platforms will be considered User Content

  • Your User Content will not contain libelous or otherwise unlawful, profane, abusive, or obscene material, or any computer virus or other malware

  • We have the right but not the obligation to modify or delete User Content that we deem in our sole discretion to be abusive, unlawful, illegal, defamatory, libelous, obscene, or objectionable to us.

  • You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of your User Content

  • You are solely responsible for your User Content and the consequences of providing User Content via our Communication Platforms

  • We take no responsibility and assume no liability for any User Content posted by you or any third-party

By providing User Content via our Communication Platforms, you are stating that nothing in your User Content or its use by the Company (i) infringes on the rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right; (ii) slanders or defames any other person; (iii) would cause us to violate any law or regulation or otherwise cause us any liability by its use

Age Limitations. You must be at least 13 years old to use our Website. By submitting payment or otherwise enrolling through the Website, you are stating that you meet all legal age limits in your jurisdiction that are required to use this Website and/or purchase Products, and that you have given us your consent to allow your minor dependents to use this Website.

Changing Terms. We reserve the right to update and revise these Terms at any time without notice to you.  Your continued use of the Products and Website after we have updated the Terms of Purchase indicates your acceptance and agreement to the changes.

Privacy + Protection of Personal Information. We respect your privacy and are committed to protecting it.  We may use certain information that we collect from you to operate Mallory Designs and provide our Products.  Please review our Privacy Policy to understand the types of data we collect from you and your devices (“Data”) in connection with your purchase of Products through the Website and how we use your Data.

Termination of Use. We may terminate your account or restrict your use of the Website at any time for any reason.  Under these Terms, you understand that you are responsible for any orders and purchases you make or charges you incur prior to such termination. The company may change, discontinue, or otherwise suspend the Website for any reason, at any time, and without prior notice to the Purchaser.

Limitation of Liability. The Company is in no way liable to the Purchaser or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to these Terms, regardless of whether the Purchaser was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based.

This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law.

Maximum Damages. Our entire maximum liability and your sole remedy for any actions or claims shall be limited to the actual amount paid by you for the Products you have purchased through the Website.

Binding Arbitration. In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in Anne Arundel County, Maryland. If the arbitration is unable to move forward in the designated jurisdiction, the Company will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.

Choice of Law. These Terms and the Parties’ relationship are governed by the laws of the Anne Arundel County, Maryland. In the event of conflicting laws, the laws of Anne Arundel County, Maryland will control.

Notices. We may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting. You may provide notice to the Company by certified mail to Mallory Designs 3113 Drogue Ct. Annapolis, MD 21403. Notices provided by certified mail will be effective upon actual receipt of the notice.

Severability + No Waiver. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in these Terms will remain valid and enforceable. By failing to enforce any right or provision of these Terms, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorized representative of the Company.

Transfer + Assignment. You may not transfer or assign any of your rights under these Terms to any third party without the express written consent of the Company.

Force Majeure. To the extent that any failure or delay in our delivery of the Products under these Terms is caused by or results from acts or circumstances beyond our reasonable control, we will not be liable or responsible to you and the same will not be considered a breach of these Terms.  Such acts or circumstances beyond our reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber-attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage.

Headings for Convenience Only. The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision.

Entire Agreement + All Rights Reserved. In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of any Products and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.