These Website Terms of Use ("Terms") govern your access to and use of www.malatechadvisors.com and any content, features, forms, downloads, or other services made available through the website (collectively, the "Site"). The Site is operated by MALA Technology Advisors, LLC ("MALA," "we," "us," or "our").
By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.
1. About MALA
MALA provides technology advisory and brokerage services to help organizations evaluate, compare, select, and implement technology solutions. Areas may include cybersecurity, cloud, communications, connectivity, data and artificial intelligence, infrastructure, governance, risk, compliance, and cost optimization.
MALA is paid by providers, never by clients. Clients generally do not pay MALA directly for its advisory services. If a client selects and purchases an eligible solution, MALA may receive commissions or other compensation from the participating provider. Provider availability, eligibility, and compensation arrangements may vary.
MALA seeks to provide objective guidance based on client requirements, but no website statement should be interpreted as a guarantee that every provider or solution in the market has been evaluated or is available through MALA.
2. Informational Purpose; No Professional Advice
Site content is provided for general informational and educational purposes. It is not legal, financial, accounting, tax, insurance, compliance, investment, or cybersecurity advice and should not be relied on as a substitute for advice from qualified professionals familiar with your circumstances.
Technology conditions, security threats, provider offerings, pricing, laws, and regulations change frequently. Although we aim to provide useful and accurate information, Site content may not be complete, current, or suitable for your organization.
3. No Advisory or Client Relationship Created by Website Use
Visiting the Site, downloading content, submitting a form, subscribing to communications, or communicating with MALA does not by itself create a client, fiduciary, agency, partnership, or other professional relationship. Any advisory engagement, service commitment, confidentiality obligation, or project scope must be established through a separate written agreement or other express written confirmation from MALA.
Do not send confidential, regulated, export-controlled, security-sensitive, or proprietary information through a general website form unless MALA has authorized an appropriate method for doing so. Information sent before an applicable confidentiality agreement is in place may not be treated as confidential.
4. Eligibility and Business Use
The Site is intended for users who are at least 18 years old and capable of entering a binding agreement. If you use the Site on behalf of a company or other organization, you represent that you have authority to act on its behalf and bind it to these Terms.
5. Permitted Use
Subject to these Terms, MALA grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Site for lawful informational and internal business purposes.
You may not:
- Use the Site in violation of any law, regulation, contractual obligation, or third-party right.
- Attempt to gain unauthorized access to the Site, connected systems, accounts, or data.
- Introduce malware, harmful code, excessive traffic, or other material that could disrupt or damage the Site.
- Scrape, harvest, copy, index, or extract Site content or data through automated means without written permission, except as permitted by applicable law.
- Reverse engineer or attempt to discover source code or underlying components of the Site, except where such restriction is prohibited by law.
- Impersonate another person or organization, misrepresent your affiliation, or submit false or misleading information.
- Use Site content to train, develop, or improve an artificial intelligence or machine-learning model without MALA's prior written permission.
- Remove proprietary notices or use MALA's name, trademarks, or branding without authorization.
- Interfere with another person's use of the Site or use the Site in a manner that could harm MALA, its clients, partners, providers, or others.
6. Intellectual Property
The Site and its content—including text, graphics, logos, designs, downloads, reports, frameworks, videos, software, and other materials—are owned by or licensed to MALA and are protected by intellectual-property laws.
You may view and download materials that MALA expressly makes available for that purpose and use them for your internal, noncommercial business evaluation. You may not reproduce, modify, distribute, sell, license, publicly display, create derivative works from, or commercially exploit Site content without prior written permission, except as permitted by law or stated in a separate license.
MALA Technology Advisors, the MALA name and logo, and related branding are trademarks or trade dress of MALA. Other names and logos belong to their respective owners. Reference to a third-party product, provider, or trademark does not imply ownership by or endorsement of MALA, and does not necessarily imply endorsement of MALA by that third party.
7. Submissions and Feedback
You represent that information you submit through the Site is accurate, lawful, and that you have the right to provide it. You retain ownership of your submitted content. You grant MALA a non-exclusive right to use, reproduce, and share it as reasonably necessary to respond to your request, provide services, operate the Site, comply with law, and protect legal rights, subject to our Privacy Policy and any applicable written agreement.
If you voluntarily provide suggestions, ideas, or feedback about the Site or MALA's services, MALA may use that feedback without restriction or compensation, provided we do not publicly identify you without permission.
8. Third-Party Providers, Links, and Services
The Site may reference or link to third-party providers, products, services, websites, platforms, or content. Links and references are provided for convenience and information. MALA does not control third-party offerings and is not responsible for their availability, content, security, privacy practices, performance, or terms.
Technology selections and purchases are governed by the applicable provider's proposal, order form, service agreement, privacy policy, service-level commitments, and other terms. You are responsible for reviewing those materials and determining whether an offering meets your requirements. MALA is not the provider of third-party products or services and does not guarantee their performance, security, availability, pricing, or results.
9. No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." MALA DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, AVAILABILITY, AND RESULTS.
MALA DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. YOU USE THE SITE AT YOUR OWN RISK.
Some jurisdictions do not permit certain warranty exclusions, so some exclusions may not apply to you.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MALA AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, DATA, OR GOODWILL; BUSINESS INTERRUPTION; OR COST OF SUBSTITUTE SERVICES ARISING FROM OR RELATED TO THE SITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MALA'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
These limitations do not apply to liability that cannot lawfully be excluded or limited.
11. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless MALA and its members, managers, employees, contractors, affiliates, licensors, and representatives from claims, losses, liabilities, damages, judgments, costs, and reasonable attorneys' fees arising out of or related to your unlawful or unauthorized use of the Site, your violation of these Terms, or your infringement of another person's rights.
12. Privacy
Our Privacy Policy, available through the Site, explains how we collect, use, and disclose personal information. By using the Site, you acknowledge that you have reviewed the Privacy Policy.
13. Changes to the Site or Terms
We may modify, suspend, or discontinue any part of the Site at any time. We may update these Terms by posting a revised version and changing the "Last Updated" date. Changes apply prospectively from the stated effective date. Your continued use of the Site after updated Terms become effective constitutes acceptance of those Terms.
14. Governing Law and Venue
These Terms are governed by the laws of the State of New Hampshire, without regard to conflict-of-law principles. Subject to applicable law, any dispute arising from or related to the Site or these Terms must be brought exclusively in the state or federal courts located in New Hampshire, and you consent to their personal jurisdiction and venue.
Before filing a legal claim, you and MALA agree to make a good-faith effort to resolve the dispute informally by providing written notice describing the issue and requested resolution and allowing at least 30 days for a response. This requirement does not prevent either party from seeking urgent injunctive relief or complying with an applicable limitations period.
15. General Terms
If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in effect. MALA's failure to enforce a provision is not a waiver. You may not assign your rights or obligations under these Terms without MALA's written consent. MALA may assign these Terms in connection with a reorganization, transaction, or transfer of the Site or business. These Terms, together with the Privacy Policy and any additional terms presented on the Site, constitute the agreement between you and MALA concerning use of the Site.
16. Contact Us
Questions about these Terms may be submitted through the contact form at www.malatechadvisors.com or sent to:
MALA Technology Advisors, LLC
Attn: Legal
Manchester, New Hampshire, United States
Email: info@malatechadvisors.com