The Official Community of Mallard Computer, Inc.
Terms of Use
Introduction
Use of Mallard’s website, products, and/or services are subject to the terms of use outlined in this document. It is the responsibility of the consumer to ensure that you comply with the terms listed in this document. If you need further legal information about use of Mallard’s website, products, and/or services, please contact one of our attorneys listed on our Legal Information page.
The words Mallard Computer, Inc. and Mallard will be used in this document to denote the name of Mallard Computer, Inc.
Website Terms of Use
Introduction
Your use of the Mallard Computer website, mallardcomputer.com, and/or other websites affiliated with Mallard are subject to the terms listed in this section of the document. These include, but are not limited to: the Mallard Computer website (mallardcomputer.com), My Mallard web services (mymallard.com), My Mallard Community (community.mymallard.com), Mallard Computer Blog (blog.mallardcomputer.com), Mallard Computer Forum (forums.mallardcomptuer.com), Mallard Mobile (mobile.mallardcomputer.com), and any other third party or externally hosted Mallard web presences on community or social-networking websites.
Term and Termination
Without limiting its other remedies, Mallard Computer, Inc., its affiliates, agents, employees and licensors may immediately discontinue, suspend, terminate, or block your and any user's access to this site at any time in our sole discretion.
Electronic Communications and Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through this Web site, including but not limited to any consent you give to receive communications from Mallard Computer, Inc. solely through electronic transmission. You agree that when in the future you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Website Interaction
When viewing and/or interacting with the Mallard Computer website, mallardcomputer.com, My Mallard, mymallard.com, My Mallard Community, and/or other websites affiliated with Mallard, you agree to navigate the website as a responsible citizen of the web and in no way perform actions against this website that are detrimental to the website and/or the corporation as a whole. These include, but are not limited to: trying to use our sites for nefarious/spamming/phishing purposes, posting hateful, violent, un-Godly, un-Christian, remarks on our blogs, communities, and/or discussion groups, posting information to our blogs, communities, and/or discussion groups that would violate the law and/or intellectual property of Mallard and/or 3rd party corporations, compromising the security of the website, posting pornographic or obscene content on our blogs, communities, and/or discussion groups (these include, but are not limited to: cursing, swearing, pornographic content, etc.), posting any form of unsolicited advertising not approved in writing by Mallard Computer Inc., and or other forms of conduct contrary to law and/or the corporation bylaws of Mallard. Any violations of this sort will be immediately pulled from our site as soon as we are notified, and you may be prosecuted by law in states with regulations in place.
Web Services
Mallard hosts its website and communities on various web services including, but not limited to: MobileMe, NING, Flickr, YouTube, Facebook, LnkedIN, and Zoho. When browsing different Mallard-based sites, you agree to not only be bound by the terms and conditions and privacy policies of Mallard, but you also agree to be bound by the terms and conditions and privacy policies of the various web services we use as well. In the event there becomes a discrepancy in the web service's agreement and Mallard's agreement, you agree to be bound first by Mallard's agreement, then the web service's agreement, where controllable by law.
Privacy Policy
The terms outlining Mallard’s privacy policy can be accessed by clicking here.
Intellectual Property Terms of Use
Introduction
Your use of Mallard’s intellectual property and Mallard’s use of 3rd party intellectual property are subject to the terms listed in this section of the document.
Mallard’s Intellectual Property
Your use of any of Mallard’s intellectual property is subject to the proper crediting and notification of the intellectual property at the time of use. Our intellectual property includes, but is not limited to: patents and/or trademarks registered and filed with the USPTO and/or other state, local, and international governments, copyrights (whether or not filed with the US Copyright office and/or other state, local, and international offices), and other forms of intellectual property that are claimed as intellectual property belonging to Mallard.
Patents
Your use of Mallard’s patent documentation located on the USPTO and/or other international intellectual property websites may only be used for informational, non-commercial use. Any other forms of use are strictly prohibited without written consent from one of Mallard’s intellectual property attorneys. You will be held personally responsible for any violation concerning our intellectual property.
Trademarks
Your use of Mallard’s trademarks and/or registered trademarks filed with the USPTO and/or other state, local, or international governments or other trademark registering services may be used for informational, non-commercial, or press related use only, and a credit line referencing Mallard must be located in the footer of the publication that is using the trademark. A credit line such as the ones for our corporate logo and Mallard Wi-Net® listed below serves as adequate reference to Mallard:
The Mallard logo is a trademark of Mallard Computer, Inc. All rights Reserved.
Mallard Wi-Net® is a registered trademark of Mallard Computer, Inc. All Rights Reserved.
Any other forms of use of Mallard’s trademarks are strictly prohibited without written consent from one of Mallard’s intellectual property attorneys. You will be held personally responsible for any violation concerning our intellectual property.
Mallard’s trademarks include, but are not limited to: trademarked names of products, services, and/or slogans that represent Mallard, trademarked logos that represent Mallard, registered trademarks that have been filed with the USPTO and/or other state, local, and international governments.
Copyrights
Your use of Mallard’s copyrighted property is prohibited in any form or fashion without written consent from either Mallard’s executive offices or one of Mallard’s intellectual property attorneys. You will be held personally responsible for any violation concerning our intellectual property.
Mallard’s copyrighted property includes, but is not limited to: copyrights registered with the US Copyright office and/or other state, local, and international governments, copyrights with a credit line listed in the footer of any Mallard document, any form of media used by Mallard that has not been credited, referenced, or indicated to a 3rd party.
Reprinting of Mallard News articles
Your use of Mallard’s news articles may only be reprinted in a press or noncommercial setting, and the text of the news articles must be printed in their unedited entirety. They may not be used in any other situation without written consent from either Mallard’s executive offices or one of Mallard’s intellectual property attorneys. Our news articles include, but are not limited to: newsletters, press releases, and/or other news articles on the website, and entires and/or postings from the Mallard Computer Blog, Forum, and/or My Mallard Community. You will be held personally responsible for any violation concerning our intellectual property.
Other Forms of Intellectual Property
Your use of any other forms of Intellectual Property claimed by Mallard are prohibited without written consent from either Mallard’s executive offices or one of Mallard’s intellectual property attorneys. You will be held personally responsible for any violation concerning our intellectual property.
3rd Party Intellectual Property
Mallard has taken extreme caution to ensure that any 3rd party intellectual property used is properly cited, credited, and referenced. However, Mallard cannot guarantee that in every instance every piece of 3rd party intellectual property has been properly credited. In the event that Mallard has not properly credited 3rd party intellectual property, a simple contact to Mallard’s executive offices and/or one of Mallard’s intellectual property attorneys will allow us to make the proper reference or remove the intellectual property if we feel it is a violation of intellectual property laws. It is the responsibility of the intellectual property holder to contact Mallard in a timely manner if the intellectual property has not been properly credited, and it is also the responsibility of the intellectual property holder to contact Mallard in a manner that is not rude, crass, or threatening. Failure to do so will result in a dismissal of your claim against Mallard. The intellectual property owner may not threaten to or attempt to file legal allegations against Mallard and/or propose any form of written agreement with Mallard unless Mallard has refused to remove the intellectual property from its publications and systems.
Sales and Support Terms of Use
Introduction
Your use of Mallard’s products, services, sales, and support are subject to the terms listed in this section of the document.
Sales
When making transactions with Mallard, you are subject to the Privacy Policy listed here, as well as the return and support policies below.
Shipping
Any physical items shipped to you will be shipped via US Postal Service/US Mail, UPS, FedEx, DHL (International orders only), or the shipping provider for your area when shipping international orders. You agree to pay all shipping costs outlined to you at the time of your order unless your qualify for free shipping, in which you will be notified of at the time of your order. You will also be notified at the time of your order how long it will take to receive your order. Failure to pay for shipping costs could result in legal action brought against you for failure to complying with these terms of service.
Electronic Delivery
Some of the products you can purchase from Mallard will be available through electronic delivery. You will be given a link where you can download these products onto your system, and you will also be able to download the products by logging into your My Mallard account.
Mallard Store, Mallard Store in a Store, and Retail
If you happen to purchase your item from a Mallard Store, Mallard Store in a Store, or an authorized Mallard retailer, you agree to comply with the sales and return policies of that store.
Discounts
If you qualify for educational, corporate, governmental, and/or ministry discounts, you will be notified of those discounts at the time of your order, provided you provide the proper identification allowing us to verify your qualification for those discounts.
Taxes
You agree to pay all sales, state, local, and federal taxes associated with your order at the time of your order.
Payment
Payment must be made at the time of your order from one of Mallard’s acceptable form of payments. Mallard’s current acceptable forms of payment are: credit/debit cards from all major credit/debit card providers (including, but not limited to: prepaid credit/debit gift cards), Mallard Store gift cards, PayPal, and checks, cashier's checks, or money orders via mail to Mallard’s sales facilities. Mallard does not except cash by mail as acceptable payment for an order due to security reasons, nor does Mallard offer a form of COD service.
Products
Any products you purchase from Mallard are subject to the terms of use provided to you at the time you receive your products.
Services
Any services you register from Mallard are subject to the terms of use provided to you at the time you begin receiving your services.
Returns
All products purchased directly from Mallard may be returned within 30 days of purchase where it is applicable by law. If you have purchased your Mallard products from a Mallard Store, Mallard Store in a Store, or an authorized Mallard retailer, you are subject to that store’s return policy.
Support and Warranties
All Mallard products and/or services come with a warranty that will be given to you at the time of purchase. Mallard will honor that warranty and/or any extended warranties purchased directly through Mallard, as long as the consumer has not done anything that would violate the warranty. The warranty terms and conditions will be documented in the agreement provided to you at the time you receive your products and/or services. All 3rd party products purchased from Mallard are subject to their respective warranties, and will be honored by their respective manufacturers.
Additional Terms of Use
Indemnification
You agree to indemnify, defend, and hold harmless Mallard Computer, Inc., its affiliates, agents, employees and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
Controlling Law, Jurisdiction, and International Uses
This Agreement is governed by and shall be construed in accordance with the laws of the State of Georgia, U.S.A., without reference to its conflicts of laws provisions. Mallard Computer, Inc. makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Habersham County, Georgia, for any disputes with Mallard Computer, Inc. arising out of your use of this site.
Entire Agreement
This Agreement constitutes the entire agreement between Mallard Computer, Inc. and you with respect to this Web site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Mallard Computer, Inc. with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Modifications to Agreement
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Mallard Computer, Inc. does not and will not assume any obligation to notify you of changes to this Agreement.
Use of Mallard’s website, products, and/or services are subject to the terms of use outlined in this document. It is the responsibility of the consumer to ensure that you comply with the terms listed in this document. If you need further legal information about use of Mallard’s website, products, and/or services, please contact one of our attorneys listed on our Legal Information page.
The words Mallard Computer, Inc. and Mallard will be used in this document to denote the name of Mallard Computer, Inc.
Website Terms of Use
Introduction
Your use of the Mallard Computer website, mallardcomputer.com, and/or other websites affiliated with Mallard are subject to the terms listed in this section of the document. These include, but are not limited to: the Mallard Computer website (mallardcomputer.com), My Mallard web services (mymallard.com), My Mallard Community (community.mymallard.com), Mallard Computer Blog (blog.mallardcomputer.com), Mallard Computer Forum (forums.mallardcomptuer.com), Mallard Mobile (mobile.mallardcomputer.com), and any other third party or externally hosted Mallard web presences on community or social-networking websites.
Term and Termination
Without limiting its other remedies, Mallard Computer, Inc., its affiliates, agents, employees and licensors may immediately discontinue, suspend, terminate, or block your and any user's access to this site at any time in our sole discretion.
Electronic Communications and Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through this Web site, including but not limited to any consent you give to receive communications from Mallard Computer, Inc. solely through electronic transmission. You agree that when in the future you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Website Interaction
When viewing and/or interacting with the Mallard Computer website, mallardcomputer.com, My Mallard, mymallard.com, My Mallard Community, and/or other websites affiliated with Mallard, you agree to navigate the website as a responsible citizen of the web and in no way perform actions against this website that are detrimental to the website and/or the corporation as a whole. These include, but are not limited to: trying to use our sites for nefarious/spamming/phishing purposes, posting hateful, violent, un-Godly, un-Christian, remarks on our blogs, communities, and/or discussion groups, posting information to our blogs, communities, and/or discussion groups that would violate the law and/or intellectual property of Mallard and/or 3rd party corporations, compromising the security of the website, posting pornographic or obscene content on our blogs, communities, and/or discussion groups (these include, but are not limited to: cursing, swearing, pornographic content, etc.), posting any form of unsolicited advertising not approved in writing by Mallard Computer Inc., and or other forms of conduct contrary to law and/or the corporation bylaws of Mallard. Any violations of this sort will be immediately pulled from our site as soon as we are notified, and you may be prosecuted by law in states with regulations in place.
Web Services
Mallard hosts its website and communities on various web services including, but not limited to: MobileMe, NING, Flickr, YouTube, Facebook, LnkedIN, and Zoho. When browsing different Mallard-based sites, you agree to not only be bound by the terms and conditions and privacy policies of Mallard, but you also agree to be bound by the terms and conditions and privacy policies of the various web services we use as well. In the event there becomes a discrepancy in the web service's agreement and Mallard's agreement, you agree to be bound first by Mallard's agreement, then the web service's agreement, where controllable by law.
Privacy Policy
The terms outlining Mallard’s privacy policy can be accessed by clicking here.
Intellectual Property Terms of Use
Introduction
Your use of Mallard’s intellectual property and Mallard’s use of 3rd party intellectual property are subject to the terms listed in this section of the document.
Mallard’s Intellectual Property
Your use of any of Mallard’s intellectual property is subject to the proper crediting and notification of the intellectual property at the time of use. Our intellectual property includes, but is not limited to: patents and/or trademarks registered and filed with the USPTO and/or other state, local, and international governments, copyrights (whether or not filed with the US Copyright office and/or other state, local, and international offices), and other forms of intellectual property that are claimed as intellectual property belonging to Mallard.
Patents
Your use of Mallard’s patent documentation located on the USPTO and/or other international intellectual property websites may only be used for informational, non-commercial use. Any other forms of use are strictly prohibited without written consent from one of Mallard’s intellectual property attorneys. You will be held personally responsible for any violation concerning our intellectual property.
Trademarks
Your use of Mallard’s trademarks and/or registered trademarks filed with the USPTO and/or other state, local, or international governments or other trademark registering services may be used for informational, non-commercial, or press related use only, and a credit line referencing Mallard must be located in the footer of the publication that is using the trademark. A credit line such as the ones for our corporate logo and Mallard Wi-Net® listed below serves as adequate reference to Mallard:
The Mallard logo is a trademark of Mallard Computer, Inc. All rights Reserved.
Mallard Wi-Net® is a registered trademark of Mallard Computer, Inc. All Rights Reserved.
Any other forms of use of Mallard’s trademarks are strictly prohibited without written consent from one of Mallard’s intellectual property attorneys. You will be held personally responsible for any violation concerning our intellectual property.
Mallard’s trademarks include, but are not limited to: trademarked names of products, services, and/or slogans that represent Mallard, trademarked logos that represent Mallard, registered trademarks that have been filed with the USPTO and/or other state, local, and international governments.
Copyrights
Your use of Mallard’s copyrighted property is prohibited in any form or fashion without written consent from either Mallard’s executive offices or one of Mallard’s intellectual property attorneys. You will be held personally responsible for any violation concerning our intellectual property.
Mallard’s copyrighted property includes, but is not limited to: copyrights registered with the US Copyright office and/or other state, local, and international governments, copyrights with a credit line listed in the footer of any Mallard document, any form of media used by Mallard that has not been credited, referenced, or indicated to a 3rd party.
Reprinting of Mallard News articles
Your use of Mallard’s news articles may only be reprinted in a press or noncommercial setting, and the text of the news articles must be printed in their unedited entirety. They may not be used in any other situation without written consent from either Mallard’s executive offices or one of Mallard’s intellectual property attorneys. Our news articles include, but are not limited to: newsletters, press releases, and/or other news articles on the website, and entires and/or postings from the Mallard Computer Blog, Forum, and/or My Mallard Community. You will be held personally responsible for any violation concerning our intellectual property.
Other Forms of Intellectual Property
Your use of any other forms of Intellectual Property claimed by Mallard are prohibited without written consent from either Mallard’s executive offices or one of Mallard’s intellectual property attorneys. You will be held personally responsible for any violation concerning our intellectual property.
3rd Party Intellectual Property
Mallard has taken extreme caution to ensure that any 3rd party intellectual property used is properly cited, credited, and referenced. However, Mallard cannot guarantee that in every instance every piece of 3rd party intellectual property has been properly credited. In the event that Mallard has not properly credited 3rd party intellectual property, a simple contact to Mallard’s executive offices and/or one of Mallard’s intellectual property attorneys will allow us to make the proper reference or remove the intellectual property if we feel it is a violation of intellectual property laws. It is the responsibility of the intellectual property holder to contact Mallard in a timely manner if the intellectual property has not been properly credited, and it is also the responsibility of the intellectual property holder to contact Mallard in a manner that is not rude, crass, or threatening. Failure to do so will result in a dismissal of your claim against Mallard. The intellectual property owner may not threaten to or attempt to file legal allegations against Mallard and/or propose any form of written agreement with Mallard unless Mallard has refused to remove the intellectual property from its publications and systems.
Sales and Support Terms of Use
Introduction
Your use of Mallard’s products, services, sales, and support are subject to the terms listed in this section of the document.
Sales
When making transactions with Mallard, you are subject to the Privacy Policy listed here, as well as the return and support policies below.
Shipping
Any physical items shipped to you will be shipped via US Postal Service/US Mail, UPS, FedEx, DHL (International orders only), or the shipping provider for your area when shipping international orders. You agree to pay all shipping costs outlined to you at the time of your order unless your qualify for free shipping, in which you will be notified of at the time of your order. You will also be notified at the time of your order how long it will take to receive your order. Failure to pay for shipping costs could result in legal action brought against you for failure to complying with these terms of service.
Electronic Delivery
Some of the products you can purchase from Mallard will be available through electronic delivery. You will be given a link where you can download these products onto your system, and you will also be able to download the products by logging into your My Mallard account.
Mallard Store, Mallard Store in a Store, and Retail
If you happen to purchase your item from a Mallard Store, Mallard Store in a Store, or an authorized Mallard retailer, you agree to comply with the sales and return policies of that store.
Discounts
If you qualify for educational, corporate, governmental, and/or ministry discounts, you will be notified of those discounts at the time of your order, provided you provide the proper identification allowing us to verify your qualification for those discounts.
Taxes
You agree to pay all sales, state, local, and federal taxes associated with your order at the time of your order.
Payment
Payment must be made at the time of your order from one of Mallard’s acceptable form of payments. Mallard’s current acceptable forms of payment are: credit/debit cards from all major credit/debit card providers (including, but not limited to: prepaid credit/debit gift cards), Mallard Store gift cards, PayPal, and checks, cashier's checks, or money orders via mail to Mallard’s sales facilities. Mallard does not except cash by mail as acceptable payment for an order due to security reasons, nor does Mallard offer a form of COD service.
Products
Any products you purchase from Mallard are subject to the terms of use provided to you at the time you receive your products.
Services
Any services you register from Mallard are subject to the terms of use provided to you at the time you begin receiving your services.
Returns
All products purchased directly from Mallard may be returned within 30 days of purchase where it is applicable by law. If you have purchased your Mallard products from a Mallard Store, Mallard Store in a Store, or an authorized Mallard retailer, you are subject to that store’s return policy.
Support and Warranties
All Mallard products and/or services come with a warranty that will be given to you at the time of purchase. Mallard will honor that warranty and/or any extended warranties purchased directly through Mallard, as long as the consumer has not done anything that would violate the warranty. The warranty terms and conditions will be documented in the agreement provided to you at the time you receive your products and/or services. All 3rd party products purchased from Mallard are subject to their respective warranties, and will be honored by their respective manufacturers.
Additional Terms of Use
Indemnification
You agree to indemnify, defend, and hold harmless Mallard Computer, Inc., its affiliates, agents, employees and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
Controlling Law, Jurisdiction, and International Uses
This Agreement is governed by and shall be construed in accordance with the laws of the State of Georgia, U.S.A., without reference to its conflicts of laws provisions. Mallard Computer, Inc. makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Habersham County, Georgia, for any disputes with Mallard Computer, Inc. arising out of your use of this site.
Entire Agreement
This Agreement constitutes the entire agreement between Mallard Computer, Inc. and you with respect to this Web site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Mallard Computer, Inc. with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Modifications to Agreement
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Mallard Computer, Inc. does not and will not assume any obligation to notify you of changes to this Agreement.
Tags: copyright, intellectual, legal, patent, property, service, terms, trademark, warranty
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