Welcome to our Web site. By using our site, you are agreeing to comply
with and be bound by the following terms of use. Please review the
following terms carefully. If you do not agree to these terms, you should
not use this site. The term "MALIBAL," "us" or "our"
refers to MALIBAL, LLC, the legal name of the owner of the Web
site. The term "you" refers to the user or viewer of our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use
Agreement ("Agreement") with respect to our site (the "Site").
This Agreement constitutes the entire and only agreement between us and
you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site,
the content, products or services provided by or through the Site, and the
subject matter of this Agreement. This Agreement may be amended at any
time by us from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this Agreement
prior to using the Site.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any part
of the Site, except as allowed by Section 4 below, is strictly prohibited.
You do not acquire ownership rights to any content, document or other
materials viewed through the Site. The posting of information or materials
on the Site does not constitute a waiver of any right in such information
and materials. Some of the content on the site is the copyrighted work of
third parties.
3. Service Marks.
"MALIBAL" and others are our service marks or registered
service marks or trademarks. Other product and company names mentioned on
the Site may be trademarks of their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license
(a) to access and use the Site strictly in accordance with this Agreement;
(b) to use the Site solely for internal, personal, non-commercial
purposes; and (c) to print out discrete information from the Site solely
for internal, personal, non-commercial purposes and provided that you
maintain all copyright and other policies contained therein. No print out
or electronic version of any part of the Site or its contents may be used
by you in any litigation or arbitration matter whatsoever under any
circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information,
materials or documents (collectively defined as "Content and
Materials") therein are subject to the following restrictions and
prohibitions on use: You may not (a) copy, print (except for the express
limited purpose permitted by Section 4 above), republish, display,
distribute, transmit, sell, rent, lease, loan or otherwise make available
in any form or by any means all or any portion of the Site or any Content
and Materials retrieved from it; (b) use the Site or any materials
obtained from the Site to develop, of as a component of, any information,
storage and retrieval system, database, information base, or similar
resource (in any media now existing or hereafter developed), that is
offered for commercial distribution of any kind, including through sale,
license, lease, rental, subscription, or any other commercial distribution
mechanism; (c) create compilations or derivative works of any Content and
Materials from the Site; (d) use any Content and Materials from the Site
in any manner that may infringe any copyright, intellectual property
right, proprietary right, or property right of us or any third parties;
(e) remove, change or obscure any copyright notice or other proprietary
notice or terms of use contained in the Site; (f) make any portion of the
Site available through any timesharing system, service bureau, the
Internet or any other technology now existing or developed in the future;
(g) remove, decompile, disassemble or reverse engineer any Site software
or use any network monitoring or discovery software to determine the Site
architecture; (h) use any automatic or manual process to harvest
information from the Site; (i) use the Site for the purpose of gathering
information for or transmitting (1) unsolicited commercial email; (2)
email that makes use of headers, invalid or nonexistent domain names, or
other means of deceptive addressing; and (3) unsolicited telephone calls
or facsimile transmissions; (j) use the Site in a manner that violates any
state or federal law regulating email, facsimile transmissions or
telephone solicitations; and (k) export or re-export the Site or any
portion thereof, or any software available on or through the Site, in
violation of the export control laws or regulations of the United States.
6. Forms, Agreements & Documents.
We may make available through the Site or through other Web sites
sample and actual forms, checklists, business documents and legal
documents (collectively, "Documents"). All Documents are provided on a
non-exclusive license basis only for your personal one-time use for
non-commercial purposes, without any right to re-license, sublicense,
distribute, assign or transfer such license. Documents are provided for a
charge and without any representations or warranties, express or implied,
as to their suitability, legal effect, completeness, currentness,
accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED "AS IS,"
"AS AVAILABLE," AND WITH "ALL FAULTS," AND WE AND ANY PROVIDER OF
THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The
Documents may be inappropriate for your particular circumstances.
Furthermore, state laws may require different or additional provisions to
ensure the desired result. You should consult with legal counsel to
determine the appropriate legal or business documents necessary for your
particular transactions, as the Documents are only samples and may not be
applicable to a particular situation. Some Documents are public domain
forms or available from public records.
7. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove
or obscure, by framing or otherwise, advertisements, the copyright notice,
or other notices on the Site, (b) your site does not engage in illegal or
pornographic activities, and (c) you discontinue providing links to the
Site immediately upon request by us.
8. Advertisers.
The Site may contain advertising and sponsorships. Advertisers and
sponsors are responsible for ensuring that material submitted for
inclusion on the Site is accurate and complies with applicable laws. We
are not responsible for the illegality or any error, inaccuracy or problem
in the advertiser's or sponsor's materials.
10. Registration/Purchase.
Certain sections of, or offerings from, the Site may require you to
register. If registration is requested, you agree to provide us with
accurate, complete registration and/or purchase information. Your
registration must be done using accurate information. Each registration is
for your personal use only. We do not permit (a) any other person using
the registered sections under your name; or (b) access through a single
name being made available to multiple users on a network. You are
responsible for preventing such unauthorized use.
11. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free
of viruses or other harmful components, or that defects will be corrected.
We do not represent or warrant that the information and/or pricing available on or
through the Site will be correct, accurate, timely or otherwise reliable.
We may make changes to the features, functionality or content of the Site
at any time. We reserve the right in our sole discretion to edit or delete
any documents, information or other content appearing on the Site.
Pricing changes
very frequently on the Site. If an order is placed and the price drops before the system ships,
the customer may request to have their invoice updated with the lower price, however, no change will be made
unless a request is submitted by the customer. Once an order has shipped, we cannot make any changes to the pricing on the invoice.
12. Third Party Content.
Third party content may appear on the Site or may be accessible via
links from the Site. We are not responsible for and assume no liability
for any mistakes, misstatements of law, defamation, omissions, falsehood,
obscenity, pornography or profanity in the statements, opinions,
representations or any other form of content on the Site. You understand
that the information and opinions in the third party content represent
solely the thoughts of the author and is neither endorsed by nor does it
necessarily reflect our belief.
Certain Content - Certain of the content on this site
is copyrighted by other third
parties. This content is provided "as is" without warranty of any
kind. Neither we, Gale nor any data suppliers make any warranty whatsoever
as to the accuracy or completeness of the content or the results to be
obtained from using the information contained therein and neither we nor
Gale nor any data suppliers will be responsible for any claims
attributable to errors, omissions, or other inaccuracies in the
information contained in the content. The entire risk for the results and
performance of the content is assumed by the user. Further, neither we nor
Gale nor any of our data suppliers make any representations or warranties,
either express or implied, with respect to the content, including, but not
limited to, the quality, performance, merchantability or fitness for a
particular purpose of the content or any information contained therein. In
no event will we, Gale or any data suppliers be liable for direct,
indirect, special, incidental, or consequential damages arising out of the
use of or inability to use the content or for any loss or damage of any
nature caused to any person as a result of that use.
Material contained in the content may not be duplicated or
redistributed without the prior written consent of us and the copyright
holder, except that one print copy of search output is permitted for use
within the user’s organization and that search output may be stored
temporarily in electronic media for editing or reformatting and subsequent
printing of one print copy of search output for internal use.
Advertising and sponsored links found on content pages from third party
providers are not provided by those content providers and are not
endorsements.
13. Unlawful Activity.
We reserve the right to investigate complaints or reported violations
of this Agreement and to take any action we deem appropriate, including
but not limited to reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third parties and disclosing
any information necessary or appropriate to such persons or entities
relating to your profile, email addresses, usage history, posted
materials, IP addresses and traffic information.
14. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents,
officers, directors, employees, subcontractors, successors, assigns, third
party suppliers of information and documents, advertisers, product and
service providers, and affiliates (collectively, "Affiliated Parties")
harmless from any liability, loss, claim and expense related to your
violation of this Agreement or use of the Site.
15. Nontransferable.
Your right to use the Site is not transferable or assignable. Any
password or right given to you to obtain information or documents is not
transferable or assignable.
16. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE
PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS," AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED
TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS,
ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE
NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT
AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS
SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD
NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR
OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS
DISCLAIMED.
17. Limitation of Liability.
(a) We and any Affiliated Party shall not be liable for any loss,
injury, claim, liability, or damage of any kind resulting in any way from
(1) any errors in or omissions from the Site or any services or products
obtainable there from, (2) the unavailability or interruption of the Site
or any features thereof, (3) your use of the Site, (4) the content
contained on the Site, or (5) any delay or failure in performance beyond
the control of a Covered Party.
(b)(1) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN
CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR
THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR
HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER
REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
18. Use of Information.
We reserve the right, and you authorize us, to the use and assignment
of all information regarding Site uses by you and all information provided
by you in any manner consistent with our Privacy
Policy. All remarks, suggestions, ideas, graphics, or other
information communicated by you to us (collectively, a "Submission")
will forever be our property. We will not be required to treat any
Submission as confidential, and will not be liable for any ideas
(including without limitation, product, service or advertising ideas) and
will not incur any liability as a result of any similarities that may
appear in our future products, services or operations. Without limitation,
we will have exclusive ownership of all present and future existing rights
to the Submission of every kind and nature everywhere. We will be entitled
to use the Submission for any commercial or other purpose whatsoever,
without compensation to you or any other person sending the Submission.
You acknowledge that you are responsible for whatever material you submit,
and you, not us, have full responsibility for the message, including its
legality, reliability, appropriateness, originality, and copyright.
19. Third-Party Services.
We may allow access to or advertise certain third-party product or
service providers ("Merchants") from which you may purchase certain
goods or services. You understand that we do not operate or control the
products or services offered by Merchants. Merchants are responsible for
all aspects of order processing, fulfillment, billing and customer
service. We are not a party to the transactions entered into between you
and Merchants. You agree that use of or purchase from such Merchants is AT
YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED,
IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE
FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR
FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED
TO OUR SITE.
20. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating
procedures of Merchants will apply to you while on any Merchant sites. We
are not responsible for information provided by you to Merchants. We and
the Merchants are independent contractors and neither party has authority
to make any representations or commitments on behalf of the other.
23. Payments.
You represent and warrant that if you are purchasing something from us
or from Merchants that (i) any credit information you supply is true and
complete, (ii) charges incurred by you will be honored by your credit card
company, and (iii) you will pay the charges incurred by you at the posted
prices, including any applicable taxes.
24. Securities Laws.
The Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and demand
for our products or services, as well as our intentions, plans and
objectives (particularly with respect to product and service offerings),
that are forward-looking statements. These statements are based upon a
number of assumptions and estimates which are subject to significant
uncertainties, many of which are beyond our control. When used on our
Site, words like "anticipates," "expects," "believes,"
"estimates," "seeks," "plans," "intends," "will" and
similar expressions are intended to identify forward-looking statements
designed to fall within securities law safe harbors for forward-looking
statements. The Site and the information contained herein does not
constitute an offer or a solicitation of an offer for sale of any
securities. None of the information contained herein is intended to be,
and shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
25. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for
the content, accuracy or opinions express in such Web sites, and such Web
sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does not
imply approval or endorsement of the linked Web site by us. If you decide
to leave our Site and access these third-party sites, you do so at your
own risk.
26. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do
the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide our Copyright Agent the
following information:
a. An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been
infringed;
c. A description of where the material that you claim is infringing is
located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
law; and
f. A statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on
the Site can be reached by directing an
e-mail
to the Copyright Agent.
27. Information and Press Releases.
The Site contains information and press releases about us. We disclaim
any duty or obligation to update this information or any press releases.
Information about companies other than ours contained in the press release
or otherwise, should not be relied upon as being provided or endorsed by
us.
28. Legal Compliance.
You agree to comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use of the Site
and the Content and Materials provided therein.
30. Miscellaneous.
This Agreement shall be treated as though it were executed and
performed in Las Vegas, Nevada, and shall be governed by and
construed in accordance with the laws of the State of Nevada (without
regard to conflict of law principles). Any cause of action by you with
respect to the Site (and/or any information, Documents, products or
services related thereto) must be instituted within one (1) year after the
cause of action arose or be forever waived and barred. All actions shall
be subject to the limitations set forth in Section 16 and Section 17. The
language in this Agreement shall be interpreted as to its fair meaning and
not strictly for or against any party. Any rule of construction to the
effect that ambiguities are to be resolved against the drafting party
shall not apply in interpreting this Agreement. This Agreement and all
incorporated agreements and your information may be automatically assigned
by us in our sole discretion to a third party in the event of an
acquisition, sale or merger. If any provision of this agreement is held
illegal, invalid or unenforceable for any reason, that provision shall be
enforced to the maximum extent permissible, and the other provisions of
this Agreement shall remain in full force and effect. If any provision of
this Agreement is held illegal, invalid or unenforceable, it shall be
replaced, to the extent possible, with a legal, valid, and unenforceable
provision that is similar in tenor to the illegal, invalid, or
unenforceable provision as is legally possible. To the extent that
anything in or associated with the Site is in conflict or inconsistent
with this Agreement, this Agreement shall take precedence. Our failure to
enforce any provision of this Agreement shall not be deemed a waiver of
such provision nor of the right to enforce such provision. Our rights
under this Agreement shall survive any termination of this Agreement. The
title, headings and captions of this Agreement are provided for
convenience only and shall have no effect on the construction of the terms
of this agreement.

Payment Options
When placing your order today, you will have the complete freedom of
choice in your payment selection. We accept all of these major
credit cards:
1. MasterCard
2. Visa
3. American Express
4. Discover Card
You can also make payment via eCheck or debit card through the fast
& secure Paypal gateway. To Note: For the security of both
MALIBAL.COM and the purchasing party, we will ONLY ship to credit card
billing addresses and/or confirmed Paypal addresses.

International Orders
We only ship orders to the USA and Canada, we don't ship to Europe or any other countries outside of USA and Canada.you will need to get your bank to fax us a letter verifying the billing address on the credit card used on the order. We can ONLY ship to the billing address. If we are unable to verify the billing address, you will have to send payment via a bank transfer.
The buyer is responsible for paying any and all import fees to your country, including: brokerage, VAT and duty fees. Please use this link to calculate tax and duty for your country:
Tax and Duty Fees By Country
If the buyer fails to pay these fees and the package is returned to MALIBAL, the customer is responsible for paying ALL shipping related fees to and from.
UK Residents: We can also accept Paypal as payment if you have a confirmed address on Paypal. The order must be shipped to the confirmed Paypal address. We do NOT ship to Africa, Mexico, Singapore or Malaysia under any circumstances.

Return Policies
Any Customized Laptop purchased
from MALIBAL.COM may be returned or exchanged only in accordance with
MALIBAL'S return policy in effect on the date of the invoice or
acknowledgement. You must contact us directly before you attempt to
return a laptop in order to obtain a Return Material Authorization Number
for you to include with your return. You must return the laptop to us in
its original packaging & condition with all included manuals, discs,
accessories etc.
All returns will be inspected for
physical damage and will be thoroughly tested for compliance with our
policies posted below. Physical damage or evidence of misuse will void
product warranty and will not be accepted for return. Your return must
meet the following conditions in order to qualify for a refund. Original
boxes with all packing material must be returned
without tearing, cutting or markings found on the boxes, packaging or
internal documentation. The cost to replace any part showing scratches,
scuffs, damage or any sign of wear will be deducted from your refund
total. The cost to replace any missing items including but not
limited to CDs, cables, connectors, decals, printed documentation and/or
any other component, chip, device or item included in the original
shipment will be deducted from your refund total.
You are responsible for risk of loss
& shipping and handling fees for returning or exchanging the laptop.
You have 30 days starting the day your laptop is shipped in order to
qualify for a full refund of your purchase price minus any shipping fees and/or any
deductions in accordance with the conditions stated above. All
shipping fees are nonrefundable.
If you fail to
follow the return or exchange instructions and policies provided by
MALIBAL.COM, MALIBAL.COM is not responsible whatsoever for a laptop that
is lost, damaged, modified or otherwise processed for disposal or resale.
At MALIBAL.COM's discretion, credit for partial returns may be less than
invoice or individual component prices due to bundled or promotional
pricing. Please Note: All games, accessories/peripherals &
software are non-refundable. All sales are final.

Shipping & Sales Tax
Average lead time to process and ship an order is 5-7 business days.
Shipping costs for orders from
MALIBAL.COM depend upon the method and option you choose. All packages require the signature of an adult 21 and up. The customer is responsible for making sure someone is at the shipping address to sign for the package when it arrives. If for any reason, the package is not delivered and returned to MALIBAL, the customer is responsible for paying all shipping related fees, including the return shipping charges. To Note: For the security of both MALIBAL.COM and the purchasing party, we will ONLY ship to credit card billing addresses used to make payment and/or confirmed Paypal addresses.
All residents in the state of Nevada must pay 7.75% in state sales tax.

|