Terms and conditions

TERMS AND CONDITIONS

Thank you for visiting www.marlinyc.com (the “Website”).  This Website is expressly owned and operated by MA LUXURY DESIGN GROUP INC. dba MARLI NEW YORK, a New York corporation ("MARLI,” "we," "our," "us").  YOU SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEBSITE. These legal terms and conditions govern the use of and access to this Website, and constitute an agreement between MARLI and you, the visitor.

 Your use of this Website (regardless of your review of these terms) signifies your acceptance to, and your agreement to be bound by the following terms of use, including our policy related to Privacy and Purchasing set forth on this Website, and incorporated herein by reference (collectively, the "Terms of Use" or this “Agreement”). If at any time you do not agree to these Terms of Use, please do not use the Website.

 MARLI reserves the right to periodically revise, add, or remove portions of these Terms of Use with no prior notice and at its sole discretion. It is your responsibility to check these Terms of Use periodically for changes. By using this Website after any such change, you agree to comply with, and be bound by, the Terms of Use as changed. Should you have any questions concerning any of our policies, please feel free to contact us. Providing that you comply with these Terms of Use, MARLI grants you a personal, non-exclusive, non-transferable, limited right to enter and use the Website.

Ownership of Proprietary Information
Copyright, Trademark & Other Intellectual Property Protection

This Website as a whole and all material on this Website, including but not limited to all design and content such as photographs, images, illustrations, text, designs, logos, trademarks, trade dress and other materials, are protected by copyright, trademarks, trade dress, and other intellectual property rights, whether registered or unregistered, and exclusively owned by MARLI. All worldwide rights, titles, and interests are reserved.

The contents of our Website and the Website as a whole are intended solely for your personal, noncommercial use. Any use of our Website and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of MARLI. Unless expressly set forth in writing from us, we do not authorize any reproduction, publishing, display, modification, sale, or distribution of any of its products or materials. Among other things, you may not (i) create derivative works from, sell or participate in any sale of, this Website, any of the materials on this Website, or any related software,  or reverse engineer, decompile or disassemble any technology used to provide the Website and the goods or services offered on the Website; (ii) reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout, page design, trade dress, trademark, logo or other content for any purpose; (ii) extract or copy any site content; (iii) use any meta tags, search terms, key terms, or the like that contain the Website’s name or MARLI marks;

 You may, for your personal, noncommercial use only, download or electronically copy and print any of the page contents displayed on the Website. Should you choose to download, copy, or forward any Website materials via email, no right, title, or interest in those materials will be transferred to you.

 The name and the mark MARLI, and MARLI NEW YORK, and all other marks and logos depicted on this Website and supplied by MARLI, whether registered or unregistered, are trademarks or service marks of MARLI, and shall at all times be exclusively owned by MARLI, and shall at all times remain vested in MARLI, in the United States and in other countries.

Warranties, Disclaimers and Limitation on Liability

While we endeavor to present the most accurate information on this Website at all times, there may be times when the Website contains incomplete or inaccurate data, including typographical errors or inaccuracies. Any errors are wholly unintentional.  Prices and descriptive information or imagery are subject to change without notice. Some products may appear smaller or larger than their image displayed on the Site. The color and size of the display of a product may vary depending on the type of computer monitor you use and its settings. We sincerely apologize for any inconvenience this may cause.  We reserve the right to extend, modify or discontinue any offer at any time without notice.

Except as otherwise provided under applicable laws, we and our corporate affiliates, and the directors, officers, employees, agents, contractors, suppliers, successors and assigns of each (collectively, the “MARLI Affiliates”), will not be liable for any damages whatsoever arising out of or related to the use of the Website or any other site(s) linked to it. This limitation of liability applies to direct, indirect, consequential, special, exemplary and punitive or other damages you or others may suffer, as well as damages for lost profits, failure of performance, business interruption, computer viruses, file corruption, communication-line failure, network or system outage, the loss of data or information any other tangible or intangible loss, even if we are notified in advance of the potential for any such damages.

It is possible that other users or unauthorized persons post or transmit offensive or obscene materials to or from the Website and that you may involuntarily be exposed to such materials. It may also be possible for other users or unauthorized persons to obtain personal information about you. By using this Website, you assume the risk of such occurrences. Additionally, you specifically acknowledge and agree that neither MARLI nor any MARLI Affiliate shall be liable for any defamatory, offensive or illegal conduct of any user of the Website, or for any loss or damage resulting from a third party’s unauthorized use of the Website or your personal information.

THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. MARLI DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANIBILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEBSITE, AND THAT MARLI SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE. 

To the fullest extent permissible by applicable law, and without limiting the generality of the foregoing, the MARLI and the MARLI Affiliates expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions.

Without limiting the generality of the foregoing, MARLI and MARLI Affiliates make no warranty that: (i) the website will meet your requirements; (ii) the website will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through the website will meet your expectations or needs; and (v) any errors in the website will be corrected.

To the extent certain jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages, then some of the above disclaimers and limitations may not apply to you.


Indemnification  

You hereby agree to indemnify, defend, and hold harmless MARLI and the MARLI Affiliates, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account, including but not limited to, any infringement by you of the copyrights or intellectual property rights of any third party, or your use or misuse of the Website. 

 Links

This Website may contain links to other Websites. We are not responsible for the availability of, or any content or material contained in, or obtained through, any such Websites. We do not endorse those Websites or materials. Any questions or comments relating to any other Website should be addressed to the operator of those Websites. No linking to this Website is permitted without prior written permission from MARLI.


Correspondence & Use of Submissions

While we welcome your comments and feedback regarding our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this Website or any email connection. Any and all communications, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by you to MARLI on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website ("Submissions") shall be and remain MARLI property. Such Submissions shall constitute an assignment to MARLI of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Submissions. We will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any submissions. We shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or knowledge disclosed therein, for any purpose, including the development, manufacturing and/or marketing of goods or services. MARLI is under no obligation to (i) respond to any Submissions, (ii) maintain Submissions in confidence, or (iii) pay compensation of any kind for your Submissions. Any Submissions by you is a declaration on your party of the full release of all proprietary claims and/or intellectual rights regarding your Submissions. We will not use your name in connection with any such Submissions unless we first obtain your permission or otherwise are required by law to do so.

 Applicable Law and Dispute Resolution

By visiting the Website, you agree that the laws of the state of New York will govern these Terms of Use and any dispute of any sort arising between you and us. Any claims asserted by you in connection with the Website must be made within one (1) year of the date of the incident to which it relates or forever be barred. This Website has been designed to comply with the laws of the State of New York. If any material contained within the Website, or any of your use of the Website, violates the laws of the location where you are when you access the Website, we ask that you refrain from using the Website.

Any dispute relating in any way to your visit to our Website shall be submitted to confidential arbitration in New York City, New York. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under these Terms of Use shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to the Website shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.

 To the fullest extent of the law, you agree that any claim of cause of action arising from or relating to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

Grievances for California Website Users

Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

 

Miscellaneous Provisions

These Terms of Use and any policies or operating rules posted on the Website constitute the entire agreement and understanding between you and MARLI with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and MARLI with respect to such subject matter.

If any provision in within these Terms of Use is held by a court of competent jurisdiction or by an arbitrator to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of these Terms of Use shall continue in full force and effect.

Any failure by MARLI or you to exercise or enforce any right or provision hereunder shall not constitute a waiver of such right or provision, or any other provision herein. MARLI may freely assign these Terms of Use or any of its rights and/or obligations hereunder.

Termination


You agree that MARLI may terminate or suspend your access to all or part of this Website, without notice, for any conduct that MARLI, in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of MARLI or another user. Notwithstanding such termination or suspension, you will continue to be subject to the Intellectual Property, Warranties, Disclaimers and Limitations of Liability, Indemnification, Applicable Law and Jurisdiction, Correspondence and Use of Submissions sections of these Terms of Use.

MARLI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms of Use, you agree that MARLI shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website.