CVB, Inc., a Utah Benefit Corporation, dba Malouf®
Malouf® strives to provide quality products as well as to make a positive impact on our customers’ lives. One aspect is our respect for your personal information. This Privacy Notice applies to personal information we collect in connection with the products and services we offer, and the Notice describes how and why we collect, use, and share the personal information relating to our websites, applications, and other online platforms.
By using our websites, you agree to our processing of personal information for the purposes stated in this Notice. If you do not agree with our collection, use, or sharing of personal information, please do not use the site or our applications.
From time to time, Malouf® may offer new services. New services will be subject to this notice unless the services change the way we collect, use, or share your personal information. If the new services change our privacy practices, we will update this notice.
For purposes of this Notice, we use the terms “Company,” “we,” “us,” and “our,” or similar terms, when referring to Malouf®
Privacy notice contents
Personal information is information that can be used to identify you directly or indirectly. Personal information is collected to provide our users a quality, customized experience. You are not required to provide Malouf® with any requested information; however, many products or services may not be available if we do not collect specific personal information elements. With the exception of payment information, we avoid the collection of sensitive personal information.
The Company collects the personal information you voluntarily disclose when you interact with our services, e.g., create an account, request information, contact us, download software, participate in promotional communications, or purchase products and services through our platform. The types of personal information requested will relate to the purpose of its collection. Examples of requested information may be grouped into the following categories:
Identifiers and Contact Information: first name, last name, title, username, password, mailing and billing addresses, email address, phone numbers, contact preferences
Financial and Transactional Information: payment (card or bank) information, products or services purchase information, delivery information, purchase history, feedback, requests, survey responses
Examples of requested information may be grouped into the following categories:
Technical Information: information relating to your login, browser and browser plugins, operating system, platform, internet service provider, internet protocol (IP) address, time zone, other necessary website accessing technologies
Usage Information: Use and journey through websites and applications
As part of the Usage Information, personal information may be collected through third parties. This information may be collected by related business partners, social media sites, marketing platforms, other of our affiliates, companies that provide supplemental information about you (e.g., data aggregators), ad-tech companies, and others (family, friends) who provide us your personal information, as they share a product, service, or promotion with you.
Information Sharing and Use
We may share some or all of your personal information within our organization, including with our affiliates, and with our third-party service providers for the benefit of our organization, including affiliates, and will use the information in a manner consistent with this Privacy Notice. We will not share your information with any third party outside of our organization, other than the service providers who are necessary to comply with a law or fulfill your request, e.g., payment platforms, product delivery, in connection with enhancing user experience, improving product recommendations, or performing analytics data review. We may engage such third-party service providers in connection with these efforts on behalf of our organization and affiliate organizations. We do not allow our service providers to use your personal information other than to process your information for its specific purpose(s).
The Company uses and shares your personal information only for specific and limited business purposes. For example, information may be used by our organization or shared with third-party contractors who perform services for us or our affiliates to
- Communicate information
- Personalize and improve services
- Understand user interests
- Handle and answer inquiries
- Authenticate the identity of individuals
- Process a purchase or transaction
- Process payments
- Process returns or warranty claims
- Perform contractual agreements
- Comply with legal or regulatory obligations
- Perform a related business operation
- Control information
- Improve the functionality of our websites
- Understand and assess the interests of consumers
- Provide product recommendations and targeted advertising
- Measure advertising effectiveness
- Secure online processes
- Data Analytics
Legitimate interest for processing your personal information may be used, for example, to assist in the performance of a service, contract, or to improve a service. It will be limited to the purpose of achieving the legitimate interest. We assure you that if legitimate interest is used as a ground for processing your personal information, we will keep a record of this, and you have the right to ask for this information. This ground does not outweigh your rights as an individual and will be limited to purposes of achieving a legitimate interest.
We also may process or disclose your personal information in the performance of a contract as well as when we have a legal or regulatory obligation, e.g., official investigations, tax obligations, financial reporting. For example, a court order or a subpoena may require us to process personal information for a particular purpose.
Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this Privacy Notice.
California residents may review our California Privacy Notice for additional information sharing and use disclosures.
Profile and Automated Decisions
Your personal information may be analyzed to build online searching and buying behaviors profiles. This helps us better understand your interactions with our brand communications.
In addition, the Company processes some personal data using automated means, where no human decision-making is involved, such as the collection, use, and sharing of your personal information for the following: payment processing, order status updating, promotions, subscriptions, and targeted advertising.
Children under 13
The Company does not design our websites to appeal to children, nor are they directed at children under 13. We do not knowingly collect personally identifiable information from persons under the age of 13, and we strive to comply with the provisions of COPPA (The Children’s Online Privacy Protection Act). If you are a parent of a child under 13, and you believe that your child has provided us with information about themselves, please contact us at firstname.lastname@example.org.
Storage and retention
Personal information is retained to provide quality services such as a product guarantees, warranty services, financial obligations, etc. If you live outside the United States (U.S.), you understand and agree that your personal information will be transferred to and stored in the U.S. EU Customers: We must inform you that there are risks associated with data transfers, and we rely on derogations for specific situations, GDPR Article 49.
Personal information is kept one year after Malouf® is released of all legal, financial, and reporting retention requirements.
Your personal information is important to us, and we will take reasonable and appropriate measures to protect your information. Although we cannot guarantee the security of your personal information, we implement technical, administrative, and physical controls to protect your information from unauthorized disclosures, misuse, or modification. These controls include restrictive access controls, vulnerability management, incident management, and employee training. Moreover, we expect the same level of data protection from the external third parties with whom we share your personal information.
To further the reduce the risk to your personal information, we encourage you to protect your UserIDs and Passwords and to always use caution with your online interactions.
With very few exceptions, you have choices regarding your personal information. You have the right to
- View the personal information we have collected
- Access a copy of your personal information in portable format
- Edit or correct any personal information
- Delete any personal information
- Restrict the collection or processing of certain personal information
- Restrict the use of your sensitive personal information
- Restrict the storage of your information longer than necessary
You may also opt-out of our marketing communications. Please understand you will continue to receive non-marketing or transactional messages from us, such as account messages and inquiry responses.
Additionally, you may opt out of any future contact with us or exercise your data rights by contacting us via the following methods at any time:
Email address: email@example.com
Toll-Free Phone Number: +1 800.517.7179
The Company will not discriminate consumers exercising one or more of these rights.
Do not track
We do not respond to or honor “Do Not Track” signals or similar mechanisms transmitted by web browsers.
We do not respond to or honor “Do Not Track” signals or similar mechanisms transmitted by web browsers.
Lastly, for your convenience, links to external party websites may be provided on our webpages or applications. This Privacy Notice does not apply to, and we are not responsible for, the privacy practices of any external companies or organizations that we do not own or control. Therefore, you are encouraged to read the privacy notices of each linked site.
Under the VCDPA, “Personal Data” means any information that is linked or reasonably linked to an identified or identifiable natural person, not including de-identified data or publicly available information.
Confirm what Personal Data is being process;
Request access to the Personal Data we collect;
Obtain a portable copy of your Personal Data;
Delete Personal Data we have collected;
Correct inaccuracies and rectify Personal Data we have collected;
Opt-out of the sale of Personal Data;
Opt-out of targeted advertising; and
Appeal Personal Data right decisions.
residents may exercise the following rights with respect to their Personal Data:
Email Address: firstname.lastname@example.org
Toll-Free Phone Number: +1 888 910 0234
California Privacy Notice
CVB, Inc., a Utah Benefit Corporation, dba Malouf®
Under the CCPA, “Personal Information” means any 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, not including publicly available information or de-identified or aggregate consumer information.
Consumer privacy rights
Under the CCPA, California consumers have the following rights:
- The right to know about the personal information we collect about you and how it is used and shared;
- The right to delete your collected personal information (with some exceptions);
- The right to opt-out of the sale of your personal information; and
- The right to non-descrimination for exercising your CCPA rights.
If you make a request for access to your personal information, the Company will disclose your records covering the 12-month period preceding the date of your request. Any request submitted is subject to an identification and verification process, which will depend on the nature of the request and the sensitivity of the personal information requested. For the safety and security of consumer information, we will not fulfill your CCPA request unless you provide adequate information to convince us that you are the consumer about whom we collected the personal information. Authorized agents who met the agency requirements of the CCPA may also submit requests on your behalf. See Verification requirements below.
To exercise your rights under the CCPA, we provide both an email address and a toll-free phone number (below) to submit your request. Please respond promptly to any follow up inquires, so we may process your request within the designated period.
Email address: email@example.com
Toll-Free Phone Number: +1 800.517.7179
Additional Request Information: The Company will provide you with your personal information for the 12-month period preceding your request. A request receipt will be sent to you within 10 business days, and we will make efforts to respond to verified request within 45 calendar days of our receipt of your request. If we are unable to verify your request or if we require more time (up to 45 additional days) to grant the request, we will inform you in writing or by phone.
California consumers may only make requests to know or access their personal information twice within a 12-month period. The format is available in a transportable copy.
Prior to our fulfillment of a right to know or a right to delete request as described, below, Malouf® will require consumers to verify their identity. We will require verification of the consumer whether the consumer submits such a right to know or right to delete request directly or through an authorized agent.
The minimum requirements for consumer verification follow:
- First, Middle (if available), and Last Name
- Physical California address
- Valid email address
- Valid phone number
For a right to know or right to delete request submitted through the Company’s toll-free phone number, a company representative will call you to administer an identity authentication process.
If we are unable to successfully verify your identity, we will be unable to fulfill your requests to know or for deletion. If this is the case, you will be notified and directed to read the Malouf® Privacy Notice concerning our data collection, sale, and disclosure practices.
As mentioned, the CCPA allows California consumers to use “authorized agents” to submit requests on the consumers’ behalf to our company. If you choose to use an authorized agent, or if you are an authorized agent who would like to submit requests on behalf of a consumer, the following procedures will be required prior to acceptance of any authorized agent requests.
For the safety and security of consumer information, requests for the right to know and right to delete submitted by an authorized agent will require a direct method of communication with the consumer, preferably a valid email address, to fulfill the request.
All authorized agents will be required to successfully establish the minimum requirements for qualification as stated in the consumer verification minimum requirements list above. They will be required to establish the requirements prior to being authorized to submit requests on behalf of a consumer.
Agent Authorization Verification
In order to qualify as an authorized agent, businesses or individuals will be required to submit the following documentation:
Businesses. If you are operating as a business, the following documentation is required:
- Certificate of good standing with your state of incorporation;
- Written authorization document that includes each consumer’s name, address, telephone number and valid email address, signed and dated by each consumer authorizing you, as the authorized agent, to act on behalf of each consumer in making the request. Proof of written consumer consent for opt-out requests are generally not required, unless the Company must confirm authorization; and
- Valid consumer email address for our direct correspondence with each consumer, including an identity verification process to be conducted by our Company directly with that consumer.
Individuals. If you are an individual and acting as an authorized agent on behalf of a consumer, the following documentation is required:
- A “power of attorney” signed and dated by the consumer and notarized by a notary public naming you as the consumer’s authorized representative, which includes the consumer’s full name and physical California address;
- If you do not have a power of attorney signed by the consumer, then we require a written authorization document that includes the consumer’s name, address, telephone number and valid email address, signed by the consumer authorizing you, as the authorized agent, to act on behalf of the consumer in making the request; and
- Valid email address for direct correspondence with the consumer, including an identity verification process to be conducted by our Company directly with that consumer.
Parent/Guardian of Minor Child. Our Company does not knowingly collect or sell information about minors. If you are a parent or guardian of a minor child under 16 and would like to make a request for a right to know or right to delete on behalf of the minor child, the following documentation will be required:
The minor’s verification documents, which includes the following:
- Certified school record or transcript or home school notice of intent form that includes minor’s permanent address
- Proof of parental/guardianship identity document that matches the minor’s permanent residence
Right to Know
You may request that our company disclose what personal information we have collected, used, shared, or sold about you, and why we collected, used, shared, or sold that information. Specifically, you may request
- The categories of personal information collected
- Specific pieces of personal information collected
- The categories of sources from which the business collected personal information
- The purposes for which the business uses the personal information
- The categories of third parties with whom the business shares the personal information
- The categories of information that the business sells or discloses to third parties
We will provide you this information for the 12-month period preceding your request.
Right to Request Deletion
You may request that our company delete personal information that we and our service providers collected from you. For reasons outlined in Civil Code sections 1798.105(d) and 1798.145, a deletion request may not be granted. Common reasons that we must retain your personal information include:
- Your request cannot be verified
- To complete your transaction, provide a reasonably anticipated product or service, or for certain warranty and product recall purposes
- For certain business security practices
- For certain internal uses that are compatible with reasonable consumer expectations or the context in which the information was provided
- To comply with legal obligations, exercise legal claims or rights, or defend legal claims
- If the personal information is certain medical information, consumer credit reporting information, or other types of information exempt from the CCPA
Right to Opt-out of Sale of Personal Information (Do Not Sell My Information)
The CCPA defines the term “sell” broadly. Under the definition, we may sell your personal information. Over the past 12 months, we may have sold the following categories of personal information:
Identifiers/Contact Information – name, billing address, mailing address, email address, username, identification number, phone number(s), device cookies
Commercial Information/Account Details – purchasing history, purchase tendencies
Internet Usage Information – login information, device operating system, browser type, browser version, browser plug-ins, time zone setting, interactions with our website, computer systems, and devices
Inferences from Personal Information – customer profiles, customer preferences
You may request that our Company stops selling your personal information (“opt-out”). With some exceptions, we will not sell your personal information after receiving your opt-out request unless you later provide authorization allowing us to do so again.
Right to non-discrimination
The Company will not deny goods or services, charge you a different price, or provide a different level or quality of goods or services to consumers who exercise their rights under the CCPA.
Under CCPA, we may offer you reasonable promotions, discounts and other incentives in exchange for collecting, keeping, or selling your personal information.
The Company does not design our websites to appeal to children, nor are the websites directed at children under the age of 13. Therefore, we do not knowingly collect or sell the personally information from persons under the age of 13. If you are a parent of a child under 13, and you believe that your child has provided us with information about themselves, please contact us.
Pursuant to the CCPA, we clearly understand that we can only sell the personal information of a child that they know to be under the age of 16 if they get affirmative authorization (“opt-in”) for the sale of the child’s personal information. For children under the age of 13, that opt-in must come from the child’s parent or guardian. For children who are at least 13 years old but under the age of 16, the opt-in can come from the child.
Financial incentive programs require consumers to opt-in to participate. Infrequently, we may offer financial incentives in the form of VIP Membership, discounted products, contests, promotions, advanced notices of new products or of product sales. The incentives are available to consumers who opt-in to our Company marketing materials, allowing us access to personal information such as first name, last name, postal address, email address, and internet/electronic activity.
The purpose of the incentives is to encourage consumers to fully experience our websites, products, and related services. The information collected as part of the incentives, in turn, help us improve the customer experience, as well as understand consumer buying and spending habits.
When offered, you may opt-in to participate in incentives by clicking “Accept” or by checking the opt-in box. Consent may be revoked at any time by emailing or calling our toll-free phone number:
Email address: firstname.lastname@example.org
Toll-Free Phone Number: +1 800.517.7179
Shine the Light
Under Shine the Light, California residents may request information about our collection and sharing of your personal information, if any, with third parties for their own marketing purposes.
California residents may exercise this right once per calendar year by contacting us at:
Email Address: email@example.com
Toll-Free Phone Number: +1 888 910 0234
This California Privacy Notice was last updated February 2023. Please check periodically for updates.
Terms and Conditions
This Website is offered and available to users who are 18 years of age or older and who understand that they are interacting with a website based in the U.S. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
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. 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.
intellectual property rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to firstname.lastname@example.org.
The Company name, the terms Malouf® and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via any form of denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, message boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
monitoring and enforcement; termination
You represent and warrant that:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement. The Company will terminate the user accounts of repeat infringers.
reliance on information posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
changes to the website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
information about you and your visits to the website
All information we collect on this Website is subject to our Privacy Notice. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.
linking to the website and social media features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
links from the website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of Utah in the United States. We provide this Website for use by persons located in the United States and persons who understand that the website is hosted in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
disclaimer of warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
governing law and jurisdiction
Limitation on time to file claims
waiver and severability
your comments and concerns
This website is operated by Malouf®, 1525 West 2960 South, Logan, UT 84321.
All other feedback, comments, and other communications relating to the Website should be directed to email@example.com, +1 800.517.7179.