Legal | Terms of Use | Privacy Policy | Conditions of Sale

| TERMS OF USE | LEGAL | CONDITIONS OF SALE | PRIVACY POLICIES - BEST MALL EVER

CONDITIONS OF SALE 

RETURN POLICY - ALL SALES ARE FINAL. Each item listed for purchase is classified as a final sale item as indicated on the product page. No exchanges nor refunds will be provided. Make sure to double check all colors/sizes/options variants prior to purchasing. Once an order is placed, it cannot be canceled unless the item becomes out of stock prior to order fulfillment.  

SHIPPING POLICY - ALL ORDERS TAKE BETWEEN 7 AND 24 BUSINESS DAYS FOR PROCESSING AND DELIVERY. Refer to your shipping confirmation email for tracking information. Shipping is free to the lower 48 United States of America. Locations not included in the free shipping policy will have processing and delivery rates shown at checkout. The most current rates charged by BEST MALL EVER will be reflected at the time of checkout. Due to processing and transit times if 24 BUSINESS DAYS have not passed since the date of purchase, Customer Service agents will not be able to provide an update other than in process, or in transit.  

https://bestmallever.com/pages/contact-us

 

TERMS OF USE | LEGAL

 

This Website (« Web Site ») is owned and edited by OMEBM LLC, DBA BEST MALL EVER™, BEST MALL EVER, ("BEST MALL EVER", “BEST MALL EVER™”, OMEBM LLC one in the same, or referred to hereinafter as "us", "our", "we", "organization" or "the company"), a business existing under the laws of the State of Virginia and State of Utah, having its executive offices and principal place of business in the United States of America. These terms relate to and govern your use of all current and future online and mobile websites, platforms, services, applications, and any affiliated sites and associated applications owned or managed by OMEBM LLC, BEST MALL EVER™, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. Along with your accessing of any site, application, physical facility owned/operated/managed by or affiliated with the company, 3rd party association etc (whether by ownership, creation, or acquisition, past present or future), contact to the company by phone, visit to any of our stores, offices, managed spaces, attendance at any event hosted by the company, or engagement with any officer, employee, or representative of the company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc.

We take the protection of our intellectual property and directly owned/affiliated companies/3rd party companies/ managed relationship external business partners/ and/or partner companies, brands/3rd party manufacturers/ contractors etc. seriously; along with our commitments to our valued customers and have established the following TERMS OF USE | LEGAL | PRIVACY POLICY | CONDITIONS OF SALE in accordance with the brand promise to deliver a consistent experience for our valued customers and for the protection of our company as a whole. We strongly advise any person (or entity) who engages/interacts/makes purchases or service requests/ or otherwise with our company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. to exercise due diligence and review the following terms carefully, with the understanding that you as a user are solely responsible for your actions and use of this site. If you access any section of this site, request or use any type of correspondence, service, product or participation from us, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. (or access any section of a site, request or use any type of correspondence, service, product or participation from any site or company owned or managed by OMEBM LLC), affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. you affirm your acknowledgement of these terms and conditions and affirm your positive consent to all of our terms and conditions, along with the terms and conditions outlined in our TERMS OF USE | LEGAL, PRIVACY POLICY, CONDITIONS OF SALE, AND RETURN POLICY. If you do not agree to any term or condition (in whole, or single, or in part); you are advised to immediately discontinue use/access of any site/product/service/engagement etc. owned, managed, provided by, or sold to you by the company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. Any claim or dispute between you and us, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. is required to be resolved by individual binding arbitration; without exception to our policies. We advise you to carefully review the arbitration provision located in the document TERMS OF USE | LEGAL. The provision will affect your rights under this contract.

 

Our failure to exercise or enforce any of our rights pursuant to these TERMS OF USE | LEGAL OR ANY TERM OR CONDITION OUTLINED IN ANY DOCUMENT/POLICY ON THIS SITE FROM THE COMPANY shall not operate as a waiver of such right (or any other right) or prevent a subsequent exercise of such right. These Terms of Use | Legal Policies shall be enforced to the fullest extent permissible by law. If any provision of these Terms of Use | Legal Policies shall be held or declared to be invalid or unenforceable for any reason by any arbitrator or court of competent jurisdiction in a proceeding brought in accordance with these TERMS OF USE | LEGAL OR ANY TERM OR CONDITION OUTLINED IN ANY DOCUMENT/POLICY ON THIS SITE FROM THE COMPANY, such provision shall be deemed ineffective and shall be changed and interpreted so as to best accomplish its objectives within the limits of applicable law, but the validity and enforceability of any remaining provisions shall remain unaffected. By completing any purchase or any kind of engagement with us, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. You acknowledge that we have legal policies in place, confirm that you have read our policies, confirm that you agree fully 100% with our policies and waive any and all legal rights or claims to be compensated or pursue an adverse action against us, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. In any court of law, in any jurisdiction located anywhere in the world. You agree that even in the event that any provision of these Terms of Use | Legal Policies shall be held or declared to be invalid or unenforceable for any reason by any arbitrator or court of competent jurisdiction, the only outcome of such a decision will be that we will update our Terms of Use | Legal Policies along with any other documents for amendment throughout the site; and you fully understand and agree that you will not have any recourse for refund, nor public/private apology, nor exchange, nor reimbursement of any charges/fees of any kind and waive any and all legal rights or claims to be compensated or pursue an adverse action against us, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. Furthermore, you agree that if you choose to pursue any kind of legal action against us, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. in arbitration or in a court of competent jurisdiction; you agree that you will pay for any and all legal fees incurred by us, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. without limitation nor cap.

 

Hosting Services

 

Hosting Services for this Website are provided by Shopify Inc, 126 York Street, Suite 200, Ottawa, ON, Canada K1N 5T5

 

BEST MALL EVER – Conditions of Sale, Return Policy, Privacy Policy, and Terms of Use | Legal

 

Customers purchasing products through the website or by phone through the BEST MALL EVER Customer Service Contact Center are solely responsible for reading the Conditions of Sale, Return Policy, Privacy Policy, and Terms of Use | Legal prior to executing a purchase at BEST MALL EVER, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. By selecting “Checkout”, “Complete My Purchase”, “Complete Purchase” (or any similarly labeled option), or by affirming on a recorded line to Customer Service your acknowledgement and consent to the Conditions of Sale, Return Policy, Privacy Policy, and Terms of Use | Legal, you certify that you are of legal age to enter into a legally binding contract and will abide by the terms and conditions located within those documents. Customers purchasing within an BEST MALL EVER retail site in person will be provided an on site reference to our policies for review during the time of purchase. All customers and non-customers of BEST MALL EVER, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. have the option of declining consent to the Conditions of Sale, Return Policy, Privacy Policy and Terms of Use | Legal simply by not completing a purchase request online, by phone, nor in a retail store; and discontinuing any engagement with BEST MALL EVER, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. For customers who have already completed a purchase request with BEST MALL EVER, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. through any channel; the sole remedy option is to complete a return authorization request meeting all requirements and following the directions outlined in the Returns Policy. Upon completion of the refund request, the customer has the option to request deletion of all personal information/data (within the policies outlined in the Privacy Policy), and optionally decline to complete future purchases or engage with BEST MALL EVER, OMEBM LLC, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. or any directly owned/managed companies past, present or future whether by creation or acquisition. Please note that by engaging with us as a company, you understand and agree that we, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. may choose to deny service to, refuse to process any transaction, refuse to engage with any person, entity or company and refuse to conduct business in any geographical location in the world, all for any reason whatsoever without cause or prior incident. You agree that we are not required to provide you with any reasons for our denial of service and you waive rights to assert any claims against BEST MALL EVER, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. resulting from a denial of service of any kind.

 

WEBSITE TERMS OF USE

 

Use of this Web Site is subject to the following Website Terms of Use ("Terms"). BEST MALL EVER, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. may revise these Terms from time to time by updating this posting, with the revised Terms taking effect for all Users as of the date stated on the posting. Consequently, Users should consult the Terms regularly.

 

Please read these Terms carefully before using the Web Site. Users expressly acknowledge that they are aware of these Terms and have had access to the same upon entering the Web Site. Consequently, by using the Web Site, Users signify their assent and agreement to these Terms. If User does not agree to these Terms, then User is not authorized to proceed with making any purchases on the site, nor to continue consultation and access of the Web Site.

 

Use of Materials on this Web Site

 

BEST MALL EVER, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. have created this Web Site to provide information about its company and products for Users’ personal use. Users are not authorized to download, capture data, images, information, etc. of the material on this Web Site for any reason whatsoever, this includes commercial, non-commercial, educational, private nor domestic use. User’s are provided all applicable proprietary notices, in particular intellectual property notices implied or expressed in addition to copyright©, trademark®, and trademark™ notices related to all applicable content on the site. All site content is meant to be preserved intact and not modified, deleted, downloaded nor changed by any third party. Unless otherwise stated, Users should assume that everything they see or read on the Web Site (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, written and other materials) ("BEST MALL EVER") or images/information provided for reference by affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.

 

Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any BEST MALL EVER Material or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. materials in any way for any public, educational or commercial purposes. Furthermore, BEST MALL EVER Material or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. materials may not be displayed or communicated on any other web site, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, Users affirm their understanding and acknowledgement that unauthorized use of BEST MALL EVER Material or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. materials may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Upon first discovery by BEST MALL EVER or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc., user permissions to access BEST MALL EVER Material or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. materials will automatically terminate and any copies made of BEST MALL EVER Material or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. materials must be immediately destroyed.

 

BEST MALL EVER, BEST MALL EVER™, OMEBM LLC, 3rd parties, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. materials and their respective logos, product images, intellectual property, etc. are trademarks of OMEBM LLC and its affiliates/ affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. Unauthorized use or infringement is strictly prohibited.

 

 

HELPFUL INFORMATION REGARDING INTELLECTUAL PROPERTY:

 

“What is Intellectual Property Law?

 

Intellectual property law deals with the rules for securing and enforcing legal rights to inventions, designs, and artistic works. Just as the law protects ownership of personal property and real estate, so too does it protect the exclusive control of intangible assets. The purpose of these laws is to give an incentive for people to develop creative works that benefit society, by ensuring they can profit from their works without fear of misappropriation by others.

 

Article I, Section 8 of the U.S. Constitution gives Congress express authority to grant authors and inventors exclusive rights to their creations. Section 8 also gives Congress the power to regulate interstate and foreign commerce, providing further support for its right to legislate in this area. Intellectual property laws passed by Congress are administered by two government agencies, the U.S. Patent and Trademark Office, and the U.S. Copyright Office.

 

Patents give inventors the right to use their product in the marketplace, or to profit by transferring that right to someone else. Depending on the type of invention, patent rights are valid for up to 20 years. Qualifying items include new machines, technological improvements, and manufactured goods, including the "look" of a product. Patent protection will be denied if an invention is found to be obvious in design, not useful, or morally offensive.

 

Trademarks protect symbols, names, and slogans used to identify goods and services. The purpose is to avoid confusion, deter misleading advertising, and help consumers distinguish one brand from another. Since the goal is to distinguish, generic or purely descriptive marks may not qualify. Rights can potentially last forever, and they are obtained by simply using a mark. While not required, owners can register their marks for additional protection.

 

Copyrights apply to writings, music, motion pictures, architecture, and other original intellectual and artistic expressions. Protection is not available for theories or ideas, or anything that has not been captured in a fixed medium. The act of creation itself produces a copyright and unpublished works are still protected. Use of a copyright symbol and date is common, but not mandatory. Most copyrights are valid for the creator's lifetime, plus 70 years.”

 

 

For more information on the aforementioned subject please visit the article source at: https://www.hg.org/

 

 

BEST MALL EVER NOTICE TO VISITORS:

 

Relating to any persons/entities accessing this site or servers, the following notice is applicable.

 

If you have received a (notice/subpoena/request to appear) regarding infringement of the intellectual property of BEST MALL EVER, BEST MALL EVER™, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. materials please notify your legal representative licensed in the State/City/Province/Country you were served in.

Based on the laws applicable to your jurisdiction, your representative may be required to prepare a response, file within the appropriate local jurisdiction, and arrange for compensatory damages to be appropriated to OMEBM LLC, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. in the event that any claim of infringement is proven to be valid. You (or your representative) may contact legal (at symbol) BEST MALL EVER (dot) com with inquiries regarding resolution, requests for information related to our filing, or notices of your removal of the infringement of the protected intellectual property.

Requests for non-indemnification or reduced damages, that are accompanied by verifiable resolutions of the removal of the infringing content within a reasonable timeframe as determined by OMEBM LLC, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc.; will be reviewed and taken into careful consideration, with determinations based on the level of infringement and length of time of the offense.

 

Please be advised that the primary reason a filing was made regarding your person or entity is to protect the intellectual property of companies directly owned by OMEBM LLC, its affiliates, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. and our valued content collaborators.

Without regard to size, scope or minimal timeframe of the infringement, OMEBM LLC, and affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. takes the abovementioned concerns seriously and currently files claims without prejudice to the local legal jurisdiction of the offending party.

 

NOTICE OF PHOTOGRAPHY, VIDEO, AUDIO, DATA, AND ELECTRONIC DEVICE RECORDING

When you (or your entity) access any site, application, physical facility owned/operated/managed by or affiliated with the company, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. (whether by ownership, creation, or acquisition, past present or future), contact the company by phone, visit any of our stores, offices, managed spaces, attend any event hosted by the company, or engage with any officer, employee, or representative of the company, you (or your entity) affirm your (or your entity) expressed consent that you (or your entity) understand that you (or your entity) are engaging with the company in a manner in which photography, video, audio, data and electronic device recording may (and will likely) occur. The preceding statements all apply in whole to your engagement with our affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc.

 

By accessing any site, application, physical facility owned/operated/managed by or affiliated with the company, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. (whether by ownership, creation, or acquisition, past present or future), contacting the company by phone, visiting any of our stores, offices, managed spaces, attending any event hosted by the company, or engaging with any officer, employee, or representative of the company; you (or your entity) affirm your consent to interview(s), photography, audio recording, video recording, data recording, electronic device recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites, or any other purpose by OMEBM LLC (the company) and its affiliates and representatives. You (or your entity) release the company, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication of interviews, photographs, computer images, video and/or sound recordings, data, device, or electronic recordings of your site usage, person, entity, or behaviors whether electronically or physically. The preceding statements all apply in whole to your engagement with our affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc.

 

By accessing any site, application, physical facility owned/operated/managed by or affiliated with the company, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. (whether by ownership, creation, or acquisition, past present or future), contacting the company by phone, visiting any of our stores, offices, managed spaces, attending any event hosted by the company, or engaging with any officer, employee, or representative of the company; you (or your entity) waive all rights you may have to any claims for payment, royalties, or damages in connection with any exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such exhibiting, broadcasting, web casting, or other publication irrespective of whether the company has been provided payment or royalties for the use of any and all photography, video, audio, data and electronic device recording captured from you, your entity or third party systems. You (or your entity) also waive any right to inspect or approve any and all photography, video, audio, data and electronic device recording taken by OMEBM LLC (the company), or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. or the person or entity designated to do so by OMEBM LLC.

 

You (or your entity) have been fully informed of your consent, waiver of liability, and release when or before accessing any site, application, physical facility owned/operated/managed by or affiliated with the company, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. (whether by ownership, creation, or acquisition, past present or future), contacting the company by phone, visiting any of our retail spaces, offices, managed spaces, attending any event hosted by the company, or engaging with any officer, employee, or representative of the company; and this notice is displayed/accessible/provided on all sites owned/operated/managed by OMEBM LLC; in our retail spaces, in offices, managed spaces; available by phone when engaging with the company, and when or prior to engaging publicly with any officer, employee, or representative of the company, the communications liaison for the officer, employee, or representative of the company will notify you (or your entity) of your (or your entity) waiver of liability, and release; and affirm your (or your entity) consent verbally or via written expressed consent. If you (or your entity) do not consent to our terms and conditions, DO NOT engage with the company, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc.. This includes but is not limited to: accessing any site, application owned/operated/managed by or affiliated with the company, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. (whether by ownership, creation, or acquisition, past present or future), contacting the company by phone, visiting any of our retail spaces, offices, managed spaces, attending any event hosted by the company, or engaging with any officer, employee, or representative of the company.

 

Users’ Submissions

 

This section concerns transmissions to BEST MALL EVER, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc.. It also concerns the transmission of information to BEST MALL EVER, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. in relation to the purchase of products by phone or in a retail space. Information regarding latter is also outlined by stipulations in the Privacy Policy.

 

The Information and feedback you share with us, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. on any correspondence inquiry form or customer survey, or general communication (electronic, or traditional mail, or in a retail space), will be used to facilitate an end user experience. This information is used internally to facilitate your request, provide services, continuously improve the quality of our products and elevate our customer service offerings. Please do not use any form or communication opportunity with BEST MALL EVER, OMEBM LLC, or it’s directly owned/managed companies, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. to submit product ideas, designs, nor intellectual property. BEST MALL EVER, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. does not solicit product ideas, designs, nor intellectual property from customers. It is reasonable conceivable that BEST MALL EVER, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. may already be creating, curating, or have published works (former and present) related to such submissions. BEST MALL EVER, its parent company, nor direct affiliated companies, nor affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. will be required to indemnify any party who transmits unsolicited intellectual works to us.

Any kind of communication or material Users transmit to BEST MALL EVER, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. via the Web Site, by electronic mail, verbally by phone, or verbally in a retail space, or by written method or verbal method in any location or area to an employee, officer, or representative of the company or its affiliated companies, or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by BEST MALL EVER, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc.. By sending communications to BEST MALL EVER, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc., Users automatically grant BEST MALL EVER, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything Users transmit may be used by BEST MALL EVER or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

 

Furthermore, BEST MALL EVER, and our affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. takes the design, development, and curation of products and/or services (effectively speaking: PAST, PRESENT, OR FUTURE), very seriously. To this end, as a company under the collective scope of entities directly owned and managed by OMEBM LLC, and affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. the companies each possess our own intellectual property teams. As a result, BEST MALL EVER, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. cannot agree to or accept being the receiver of unsolicited proposals of collaboration. Indeed, it is reasonably conceivable that BEST MALL EVER, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. may already be working on similar ideas and /or creations. Consequently, Users are advised that BEST MALL EVER, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. is not interested in receiving ideas or other proposals relating to items they may wish to submit. BEST MALL EVER, its parent company, nor direct affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. will be required to indemnify any party who transmits unsolicited intellectual works to us.

 

Disclaimer

 

This section applies to our Retail Spaces, hosted Company events, the Customer Service Contact Center, and the Website; including but not limited to the products being sold by phone or in retail spaces (including product information accessed via website in store) by BEST MALL EVER, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc.. Disclaimers regarding products being sold by BEST MALL EVER, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. can also be found in the Conditions of Sale. BEST MALL EVER, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. tries to ensure that the information provided is accurate and complete. However, BEST MALL EVER, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. does not warrant or represent that BEST MALL EVER's Material, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. materials are accurate, error-free or reliable or that use of BEST MALL EVER Material, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. materials will not infringe rights of third parties. Engagement with our company, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. in our Retail Spaces, hosted Company events, the Customer Service Contact Center and use of the Web Site is at Users’ risk.

 

BEST MALL EVER, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. does not warrant that the functional and/or technical aspects of our Retail Spaces, Company events, the Customer Service Contact Center, and Web Site or the BEST MALL EVER Material, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. materials will be error free or that this Web Site, BEST MALL EVER Material, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. materials or the servers that makes it available are free of viruses or other harmful components. If use of this Web Site or BEST MALL EVER Material, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. materials in our Retail Spaces, hosted Company events, the Customer Service Contact Center, results in the need for servicing or replacing property, material, equipment or data, BEST MALL EVER, nor affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. are not responsible for those costs. Without limiting the foregoing, everything in our Retail Spaces, at hosted Company events, from our Customer Service Contact Center, or Web Site is provided to Users "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. BEST MALL EVER and its suppliers, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. make no warranties about the DOMESTIC nor INTERNATIONAL Material, software text, downloads, graphics, and links, or about results to be obtained from engaging the company, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. in our Retail Spaces, hosted Company events, the Customer Service Contact Center, or using the Web Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, consequently some of the above exclusions may not apply; however you expressly waive any rights or claims against BEST MALL EVER or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. thus agreeing that you have no recourse and are *not entitled to any kind of compensation in any event that any arbitrator or competent judicial court/authority advises that the your applicable exclusion of implied warranties is not allowed in your jurisdiction. By engaging or conducting any kind of business with BEST MALL EVER, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. You agree that you fully understand and agree that our Terms of Use | Legal, Conditions of Sale, Return Policy, and Privacy Policy supersede any natural or government provided rights provided/afforded to you under any domestic or international law due to your waiver of those rights, and furthermore by you knowing and consenting to this, you effectively waive and terminate any rights to challenge our policies, and the policies of our affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. in any court of law, regardless of jurisdiction (domestic and international).

 

BEST MALL EVER, and our affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. takes precautions in our Retail Spaces, at hosted Company events, through the Customer Service Contact Center, and on the Website — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. In addition using a payment process that is certified Level 1 PCI DSS compliant, BEST MALL EVER uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected throughout the website. Unfortunately, transmitting information over the Internet or on any channel whether online or in person is not completely secure. Although we will do our best to protect your personal Information, we cannot guarantee the security of the data you transmit or provide to the company; any transmission or offering of information is at your own risk and we cannot be held liable. For more information about how we use and protect your information please view our Privacy Policy.

 

Trademark Notice

 

In general, all trademarks, logos and service marks (collectively the "Trademarks") that appear on this Web Site are registered, unregistered or otherwise protected BEST MALL EVER trademarks or are licensed for use by BEST MALL EVER, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Web Site should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on this Web Site without BEST MALL EVER's, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Web Site, or any other content on the Web Site, except as provided herein, is strictly prohibited.

Without regard to size, scope or minimal timeframe of the infringement, OMEBM LLC and our affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. takes the abovementioned concerns seriously and currently files claims without prejudice to the local legal jurisdiction of the offending party.

 

 

Copyright Notice

 

All contents of this Web Site are either Copyright © BEST MALL EVER, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. or are licensed for use by BEST MALL EVER, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc.. All rights reserved.

Please refer to the section of these Terms on Use of Materials on this Web Site above.

 

Links & Linking

 

Links to other web sites operated by third parties not affiliated to BEST MALL EVER, as well as links operated by OMEBM LLC or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors, government agencies, etc. may be indicated on the Web Site. The inclusion of any link to such third party sites does not imply direct endorsement by BEST MALL EVER, OMEBM LLC nor its directly owned/managed companies, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, government agencies 3rd party manufacturers, contractors etc. of those sites. BEST MALL EVER and it’s affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. have not reviewed all (in some cases any) of the sites linked to from its Web Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to this Web Site. Linking to any other off-site pages or third party sites is at Users’ own risk. BEST MALL EVER, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. does not authorize linking to its Web Site from a third party web site without its expressed prior written authorization.

Without regard to size, scope or minimal timeframe of the infringement, OMEBM LLC, and our affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. takes the abovementioned concerns seriously and currently files claims without prejudice to the local legal jurisdiction of the offending party.

 

Termination

 

Users agree that BEST MALL EVER, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. may terminate Users’ access to and use of the Web Site if BEST MALL EVER, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. reasonably believes that Users have violated or acted inconsistently with the letter or spirit of this Agreement, or violated the rights of BEST MALL EVER, OMEBM LLC, affiliated companies or any third party, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc., or for any reason with or without notice to User. Users agree that BEST MALL EVER, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. may modify or discontinue this Web Site, with or without notice to them. Users agree that BEST MALL EVER, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. will not be liable to them or any third party as a result of such modification or discontinuation. The provisions entitled "Disclaimer," "Limitation of Liability," and "General Provisions" will survive termination of these Terms.

 

Limitation of Liability

 

To the fullest extent allowable under applicable law, under no circumstances whatsoever shall BEST MALL EVER, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. be LIABLE TO YOU WITH RESPECT TO USE OF THE SITE, CONTENT OR SERVICES, EXPERIENCES IN OUR RETAIL SPACES, OR ANY INTERNET CONNECTED DEVICES THAT YOU USE TO ACCESS OUR SERVICES AND IN NO EVENT SHALL COMPANY, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR be liable for any loss arising out of or in connection with the use of information available from this Web Site whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence) or otherwise, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA, BREACH OF PRIVACY OR SECURITY, TRANSMISSION OF PERSONAL DATA OR FAILURE OR MALFUNCTION OF YOUR DEVICE. YOUR SOLE REMEDY UNDER THESE TERMS IS TO CEASE USE OF THE SITE OR DISCONTINUE ENGAGEMENT WITH OUR COMPANY, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. ON ANY PLATFORM, DEVICE OR WITHIN A RETAIL SPACE. OUR COMPANY, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, YOU AFFIRM YOUR ACKNOWLEDGEMENT AND AGREE TO COMPANY’S, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. DISCLAIMER OF SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE SITE.

COMPANY, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. IS NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE COMPANY, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. FOR RESIDENTS OF THE STATE OF CALIFORNIA - YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Even if BEST MALL EVER, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. has been advised of the possibility of such damages. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not be operable. Please note that some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, consequently some of the above exclusions may not apply; however you expressly waive any rights or claims against BEST MALL EVER or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. thus agreeing that you have no recourse and are *not entitled to any kind of compensation in any event that any arbitrator or competent judicial court/authority advises that the your applicable exclusion or limitation of liability for consequential or incidental damages is not allowed in your jurisdiction. By engaging or conducting any kind of business with BEST MALL EVER, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. You agree that you fully understand and agree that our Terms of Use | Legal, Conditions of Sale, Return Policy, and Privacy Policy supersede any natural or government provided rights provided/afforded to you under any domestic or international law due to your waiver of those rights, and furthermore by you knowing and consenting to this, you effectively waive and terminate any rights to sue or challenge our policies regarding exclusion or limitation of liability for consequential or incidental damages, and the policies of our affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. in any court of law, regardless of jurisdiction (domestic and international).

Damages arising from the purchase or use of the products sold by online, by phone, in or in an BEST MALL EVER retail space, or by affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. are covered by the Conditions of Sale, Return Policy, Privacy Policy, and this document. By proceeding with your purchase request and selecting “Checkout”, “Secure Checkout”, “Complete My Purchase” or “Complete Purchase” (or any similar button/option) online, or by affirming on a recorded line to Customer Service your acknowledgement and consent to the aforementioned policy documents including this one; you certify that you are of legal age to enter into a legally binding contract and will abide by the terms and conditions located within all referenced policy documents including this document.

 

Any and all products offered for sale/provided or manufactured by the company or its vendors, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. along with all any and all services/content offered/provided by the company, vendors or third parties, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. are furnished to you as-is, with all faults, and without warranty of any kind, expressed, implied, statutory or otherwise, including any warranty of merchantability, fitness for any particular purpose, title, non-infringement, quality, usefulness, commercial utility, adequacy, or compliance with any law, domestic or foreign, and implied warranties arising from course of dealing or course of performance. You expressly disclaim that you are, or ever could be owed any rights or damages from the company, and waive and release any and all tort claims and causes of action that may be based upon, arise out of or relate to your engagement with the company online, in a retail space or on any platform or in any public area. This includes but will never be limited to: accessing the website, completing a purchase online or in a retail space, or requesting goods or services, purchasing or using our products and services offered/provided by affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc., or any correspondence initiated by you or the company or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc.

In no even shall the company or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. be liable to any user, purchaser, party, recipient, entity, or any other person for any incidental, consequential, or special damages, however arising. You agree that all gifts made to BEST MALL EVER (the company) are nonrefundable, not tax deductible, and no physical product will be provided in exchange for your gift of funds to the company.

As an end user, person giving a monetary gift to the company, or purchaser of any product or service offered by the company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc., you agree to assume any and all risks associated with the acceptance or use of products and/or services provided/offered by the company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc.; and you agree that any claims asserted by a 3rd party or gift recipient, will be addressed and compensated for by the original purchaser (customer, customer, purchase requester) and agree to hold harmless the company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. from any and all liability or actions arising from claims or damages asserted against you as a result of accessing, receiving, offering, using or passing along our services and services to, by, with, or via a third party; or stemming from the use of our products or services by way of use, access, receipt, offering, or being passed on to, by, with, or via a gift recipient, or whoever the is the affected party in any instance of an assertion of claims or damages.

In any event that you do not agree to any of the policies referenced throughout this document, terms or conditions provided by the company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc.; your sole remedy is to return eligible products through the process as outlined in our Return Policy and immediately discontinue use of our products and services.

 

CONDITIONS OF SALE | Terms of Use (cont.)

Information Regarding Tips (Gifts), All Sales, and Returns - All Sales Are Final. No refunds will be provided for any reason. You agree that all monetary gifts (Tips) made to BEST MALL EVER (the company) are nonrefundable, not tax deductible, and no physical product will be provided in exchange for your gift of funds to the organization and/or company.


By engaging or conducting any kind of business with BEST MALL EVER, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. You agree that you fully understand and agree that our Terms of Use | Legal, Conditions of Sale, Return Policy, and Privacy Policy supersede any natural or government provided rights provided/afforded to you under any domestic or international law due to your waiver of those rights, and furthermore by you knowing and consenting to this, you effectively waive and terminate any rights to sue or challenge our policies regarding Returns, and the Return policies of our affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. in any court of law, regardless of jurisdiction (domestic and international).

General Provisions:

Unless otherwise specified, the information and materials in the site are presented solely for the purpose of promoting BEST MALL EVER, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. products and services and allowing BEST MALL EVER, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc., to present products for sale via its website, by phone, or in a retail space. BEST MALL EVER, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. makes no representation that BEST MALL EVER Material or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. materials are appropriate or available for use in every country of the world. Users use this Web Site at their own risk and are responsible for compliance with applicable local laws, keeping in mind that access to BEST MALL EVER Material or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. materials may not be legal by certain persons or in certain countries. Future products may available in many parts of the world. However, this Web Site may describe products that are not currently available worldwide. Any cause of action a User may have with respect to this Web Site or The Company must be commenced within 30 days after the claim or cause of action arises.

USER GENERATED CONTENT PROVISION

This section concerns user submissions both to the company, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. and user submissions to platforms/channels/sites not owned/managed/operated/moderated by the company or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. The company and (in select cases - affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc.) will not publish, respond to, nor engage with any any user submission that the company or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. determines (at our/their sole discretion), to infringe on the copyright, trademark, patent right, or other proprietary right of any person, entity; or that is used without the permission of the owner; statements or information that are known or can be questioned as inaccurate; contains references or material of a pornographic, sexually explicit, or obscene nature; exploits children or minors; violates the rights of privacy or publicity of any person; or that we discern to be harassing, libelous, slanderous, false, inaccurate, retaliatory, or defamatory; or contains any personally identifying information. User submissions made on channels/platforms/forums offsite, or channels/platforms/forums/ etc. not owned, operated, managed, moderated by the company will not receive any response nor engagement from the company, except to enforce our TERMS OF USE | LEGAL and aggressively defend our companies, affiliates, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. and (shareholders – if at any time the company is subject to public offering,) officers, directors, employees, representatives, reputation, products, content, and services to the fullest extent allowable by applicable law. Your user submission on or channels/platforms/forums/ etc. whether owned, operated, managed, moderated, or affiliated; or not owned, operated, managed, moderated or affiliated by/with the company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. affirms your acknowledgement of the consequences; and affirms your expressed consent to be held legally accountable for your submission of content, product narrative, company review, or any other type of submission in any format, (text, video, or otherwise) etc. to the fullest extent allowable by applicable law with provisions outlined in our TERMS OF USE | LEGAL.

BEST MALL EVER, its parent company and directly affiliated companies, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. are continuously evolving businesses and as such, we collectively share your information within our directly owned, managed, affiliated internal companies and affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. We provide notice to you that as we develop, and grow our companies and relationships with affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc., at any time present or future, we might purchase or sell off businesses or their assets, or engage in transfers, acquisitions, mergers, restructurings, changes of control, or other transactions. In such transactions, customer information generally is one of the transferred business assets and your information may be subject to such a transfer. You agree to and do hereby consent to any such transfer. Also, in the unlikely event of a bankruptcy, your information may be transferred to a bankruptcy trustee or debtor in possession and then to a subsequent purchaser.

Should you make the decision to access this site, request, purchase, or use, of products/services (or any site/product/service that is owned/managed/provided by the company), or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. from outside the United States, you are responsible for compliance with the local laws of the jurisdiction in the geographical location from where you are accessing one of our sites. You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (2) that you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce. The company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. will, when required by law, release the information related to your access, request, purchase, or use, of our sites, products, or services accessed, requested or obtained by any individual when requested by formal subpoena from a registered government entity. As a general protection that we provide to an individual in question, and to protect internal systems, we will perform due diligence to verify the authenticity of the request and validation of “necessary requirement” of any request to obtain information our company. As a company, we are required to comply with applicable laws, regulations and government resolutions. We will do so in the interests of protecting our company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. and customers by providing the minimum necessary required information as expressed by a final legal ruling from the jurisdictional authority.

Additional General Provision

The policies outlined throughout this document related to requests for additional identity verification related to transactional/service requests and in the TERMS OF USE | LEGAL are applicable wherever our products and services, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. products and services are sold, requested, offered or provided.

The company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. reserves the right to limit or refuse any return request. All sales are final. In the rare and unlikely event of a return transaction: All returns facilitated are subject to a first or third‐party verification process. For any return request (primarily, but not limited to our retail spaces), the company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. reserves the right to request that you provide a valid unexpired form of photo identification. Our transaction verification teams (internally and external third party) analyze each transaction facilitated for the company. Analysts track return trends for individual purchasers and review aggregate data information to detect trends of improper returns, irregular purchase activity, and abuse of purchase privileges including any form of retail theft or deceptive acts to defraud the company. In no event, at any time, will any person be permitted to return any item or seek refund for any service without a providing a valid, unexpired, verified record of purchase that is validated against the purchase record on file with the company. Any individual who by internal (or external) analysis has been determined to violate our policies or attempts to defraud the company will be banned permanently from conducting business with the company or any of our owned/managed/or affiliated companies – past, present or future through creation, merger, or acquisition. Additionally, any individual who by internal analysis has been determined to violate our policies or attempts to defraud the company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc., will have their return request denied and no refund will be issued. The record of sale for the purchase will be voided, stored with an individual profile of record prohibiting the person from conducting any business with us, and compiled with aggregate data to prohibit future attempts to perform transactional/return requests for the item(s)/service(s) in question. Without regard to size, scope or minimal timeframe of the concerned transaction(s) or event(s), OMEBM LLC, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. takes our policies seriously. Together with the cooperation of law enforcement, the company currently escalates without prejudice to the local legal jurisdiction of the offending party: the profiles/data/information/device information of any and all individuals (both the actors and the accomplices) who are confirmed to attempt to defraud the company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. or have successfully circumvented our systems to defraud the company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. or abuse our policies for personal or group gain.

You agree that we (or any third party verification company), or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. or law enforcement entity, are not required to provide you with any notice at any time regarding the denial of your return request, that we (or any third party verification company) or law enforcement entity, are not required to provide you with any details regarding the data or information that resulted in an adverse action against you or our decision to not conduct business of any kind with you. We, or our third‐party processor, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. may record your information from any identification item that you present to us when completing a return request, and keep it in a secure database to assist the company in validating any kind of transactional request you make with our company or any of our owned/managed/or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. – past, present or future through creation, merger, or acquisition. You agree that we (or any third party verification company), or law enforcement entity, are not required to provide you with any copies of stored information and by completing a purchase or requesting a service from the company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc., you affirm your understanding and consent to our policies, and waive any rights applicable to your jurisdiction regarding our policies or transmission/storage of information/data to legally protect our company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. against any kind of loss.

Applicable law and Jurisdiction

The Conditions of Sale, Privacy Policy, Returns Policy, Terms of Use, Legal Policy and this document shall be governed by and construed in accordance with the laws of the State of Virginia, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the aforementioned documents, including the validity, invalidity, breach or termination thereof, shall be arbitrated in the State and County of Virginia. All users of this site, or sites operated by affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. contact by phone, or who visit an BEST MALL EVER retail space, affirm their consent to our terms and acknowledge that regardless of the outcome, any claim submitted against BEST MALL EVER, OMEBM LLC, or its directly owned/managed companies, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. will be resolved by binding arbitration, rather than in court, with the initiating party responsible for any arbitrator legal costs, attorney fees etc. incurred by BEST MALL EVER, its parent company or direct affiliated companies, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. This policy is without exception and by accessing any website owned by OMEBM LLC or conducting business with any companies referenced as one in the same with OMEBM LLC, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. you provide your consent and agreement to all of the terms outlined in this document and related site policies relating to BEST MALL EVER.COM

With regard to any dispute, claim, accusation or controversy arising out of or related to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding non-appearance-based arbitration. By accessing any content provided by the company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc., or when you engage with the company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc., register for any service/program, request any type of correspondence, purchase any products, or participate at any event hosted by the company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc., in the event that a party elects arbitration to begin adverse action against our company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc., the initiating party shall initiate such arbitration before a single arbitrator through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties, or, if no agreement is reached within ten (10) days of a request for agreement, then according to the rules (“Rules”) of the American Arbitration Association - (Learn more here https://www.adr.org/sites/default/files/document_repository/AAA_Guide_Arbitration_Process_Roadmap_2011_02_16%20(1).pdf.) The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed upon in writing by both parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. All aspects of the arbitration shall be treated as confidential, as provided in the Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. You agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury and the right to participate in a class or representative action. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, the arbitrator may not consolidate more than one person’s claims with your or Company’s claims, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. claims, and may not otherwise preside over any form of a class or representative proceeding. Per the TERMS OF USE | LEGAL - you affirm your understanding and consent to paying all costs and legal fees incurred by BEST MALL EVER, its parent company OMEBM LLC and directly owned/managed companies, and affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. with any relation to your claim. In any event that a claim is brought against us, and even in the event that the arbitrator awards a judgement in favor of our company - we provide notice in this document that our company will initiate a counter claim filing against the party who took initial action. Without prejudice to the individual, entity, or circumstances related to the case, our company is expressly committed to defending claims of any kind. BEST MALL EVER and its parent company OMEBM LLC, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. will seek no less than 200% of the original damages requested by the defeated party, along with all attorney costs without cap or limitation along with excess legal and public relation fees incurred by our company in relation to asserting our right to fair defense of our companies and affiliates against erroneous, unsubstantiated, libelous, slanderous, claims or arguments from the party who initiated adverse action arbitration against any of our owned/managed/or affiliated companies – past, present or future through creation, merger, or acquisition. These terms of this provision and document in its entirety are without exception and by taking any action to engage with our company at any time from any device or with regard to any request or purchase or use of products or services provided by our company or managed/owned/affiliated companies, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. regardless of whether or not your engagement took place online, is a retail space or via any internet connected device, or in a public area – you provide your expressed consent and agreement to our terms and conditions. Any person who engages with our companies, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. is provided public notice of where you or they, may access our terms of use and legal conditions online.

CLASS ACTION WAIVER - RELEASE OF CLAIMS

You acknowledge this notice that there is no judge or jury in an arbitration and that court review of an arbitration is limited. To the fullest extent permitted by applicable law, you and the company along with our parent company, owned/managed companies, affiliates, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. and (shareholders – if at any time the company is subject to public offering,) officers, directors, employees and representatives hereby waive, knowingly and voluntarily, any right you may have to sue in court, including, without limitation, the right to a jury trial or to bring or participate in claims as a plaintiff or member of a class in any purported multi-claimant, representative or class proceeding. This notice is without exception and if you do not agree, your sole remedy is to cease any and all engagement with the company, along with our parent company, owned/managed companies, affiliates, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. and (shareholders – if at any time the company is subject to public offering,) officers, directors, employees and representatives.

You (or your entity) affirm and agree that liability of the company, its owned/managed companies, affiliates, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. and (shareholders – if at any time the company is subject to public offering,) officers, directors, employees and representatives, for any loss, damages, or claims of any kind brought against the company by you, (or your entity), is limited to the actual cost of the items purchased (as noted on a receipt provided by the company) or $50.00 fifty dollars and zero cents; whichever is less, regardless of the amount of the price paid for your purchase, or regardless of the amount of the damages outlined in your claim against the company. You agree to hold harmless the company, its owned/managed companies, affiliates, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. and (shareholders – if at any time the company is subject to public offering,) officers, directors, employees and representatives from any compensation in excess of $50.00 fifty dollars and zero cents (or the lesser amount), additional compensation of any kind, without limit to interpretation of compensation regardless of the kind of damage or claim incurred by you (or your entity). In any event, the company, its owned/managed companies, affiliates, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. and (shareholders – if at any time the company is subject to public offering,) officers, directors, employees and representatives will not be liable for any damage, whether direct, incidental, special or consequential, in excess of $50.00 fifty dollars and zero cents (or the lesser amount), whether or not we had knowledge or should have had knowledge that such damage might be incurred, including but not limited to the loss of any kind of income, profit, or property by you (or your entity). Also, we won't be liable if you (or your entity) or the recipient violates any terms of our policies, or our affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. policies.

SPECIAL PROVISION CLAUSE

Our company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. invokes without limitation – a multitude of security measures across our digital and physical platforms to protect the intellectual property of our company, directly owned/managed companies, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. and valued design/content collaborators. From time to time, there are individuals and entities who consciously choose to disregard the established legal rights and protections of our brands and companies. To protect the interests of the previously referenced - the following notice relates to the protection of our rights as a company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. and is not included as any scope of the arbitration provision. This clause is notice of the exclusive right of our company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. to aggressively pursue any and all available legal methods of remedy to protect our interests and intellectual property. The following “notice to visitors” will be enforced to the fullest extent of the law within a court; and if deemed necessary resolved by judge or trial by jury with our request to be awarded with the maximum monetary damages allowable under the scope of the law; in addition to our attorney costs without cap or limitation, along with excess legal and public relation fees incurred by our company, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. in stemming from the need to assert our right to protect our brands and companies, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. against unauthorized theft or infringement of our intellectual property:

BEST MALL EVER NOTICE TO VISITORS:

Relating to any persons/entities accessing this site or servers, the following notice is applicable.

If you have received a (notice/subpoena/request to appear) regarding infringement of the intellectual property of BEST MALL EVER, OMEBM LLC, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. please notify your legal representative licensed in the State/City/Province/Country you were served in.

Based on the laws applicable to your jurisdiction, your representative may be required to prepare a response, file within the appropriate local jurisdiction, and arrange for compensatory damages (without limit or cap) to be appropriated to OMEBM LLC, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. in the event that any claim of infringement is proven to be valid. You (or your representative) may contact legal (at symbol) BEST MALL EVER (dot symbol) com with inquiries regarding resolution, requests for information related to our filing, or notices of your removal of the infringement of the protected intellectual property.

Requests for non-indemnification or reduced damages, that are accompanied by verifiable resolutions of the removal of the infringing content within a reasonable timeframe as determined by OMEBM LLC, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc.; will be reviewed and taken into careful consideration, with determinations based on the level of infringement and length of time of the offense.

Please be advised that the primary reason a filing was made regarding your person or entity is to protect the intellectual property of companies directly owned by OMEBM LLC, its affiliates, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. and our valued content collaborators.

Without regard to size, scope or minimal timeframe of the infringement, OMEBM LLC, affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. takes the abovementioned concerns seriously and currently files claims to be awarded with the maximum monetary damages allowable under the scope of the law without prejudice to the local legal jurisdiction of the offending party.

The waiver by BEST MALL EVER, or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. of a breach of any provision of these Terms will not operate to be interpreted as a waiver of any other or subsequent breach.

With regard to any and all terms and conditions of the company (policies) or affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. policies, it is currently the decision of the company that no exceptions will be granted to our Terms of Use | Legal and policies as outlined in the related document sections throughout this website. No addendum's will be made concerning established policies and brand directives at this time.

BEST MALL EVER and affiliated companies, 3rd party companies, managed relationship external business partners, and/or partner companies, brands, 3rd party manufacturers, contractors etc. reserves the right to change these circumstances and company policies at any time; for any reason, without notice.

 

PRIVACY POLICIES




PRIVACY NOTICE


 

This Privacy Notice describes the personal information we collect from visitors through the BEST MALL EVER website, online portal, call center, and or retail spaces.

 

Personal Information Collection

In order to place a purchase through the website, via the website, online portal, call center, and or retail spaces, you are not required to register and create an online account. If you elect to, during this process, you will be required to provide valid and up-to-date personal information, including but not limited to your real name, date of birth, phone number and e-mail address, as well as other personal information as applicable, such as the information of the person giving the gift to BEST MALL EVER, or delivery address (applicable to physically shipped products only when applicable), billing address (for all applicable transactions) and payment details (collectively "Personal Information").

 

Should you contact the organization, company and/or partner companies, brands, 3rd party manufacturers, contractors or Customer Service center by telephone, mail, online, or in any physical setting, you may also be required to provide such Personal Information. Additionally, if you complete a profile request online, via a customer service representative, or in a retail space, the Personal Information you provide shall be used as described in this Privacy Notice.

 

When you engage with the organization, company and/or partner companies, brands, 3rd party manufacturers, contractors, register for any service/program, request any type of correspondence, purchase any products, or participate at any event hosted by the company and/or partner companies, brands, 3rd party manufacturers, contractors, you consent to receiving service messages relating to your engagement with us, such as payment confirmations, account verification and transaction based notices. Where applicable, you also consent to receiving other communications from us such as emails, text messages, newsletter mailings, announcements and surveys, which you may opt out of by clicking on the “unsubscribe” links contained within the engagement item/platform or by contacting us via an email designated on this page (legal) at - Bestmallever (dot) - (com) to request a discontinuation of the aforementioned communications from the company and/or partner companies, brands, 3rd party manufacturers, contractors to you.

 

Users’ Submissions

 

This section concerns transmissions to BEST MALL EVER. It also concerns the transmission of information to BEST MALL EVER in relation to the giving of gifts to the organization, company, or the purchase of products by phone or in a retail space. Information regarding latter is also outlined by stipulations in the Privacy Policy.

 

The Information and feedback you share with us on any correspondence inquiry form or survey, or general communication (electronic, or traditional mail, or in store), will be used to facilitate an end user experience. This information is used internally to facilitate your request, provide services, continuously improve the quality of the end end user experience. Please do not use any form or communication opportunity with BEST MALL EVER, OMEBM LLC, or it’s directly owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors to submit product ideas, designs, nor intellectual property. BEST MALL EVER and its partners does not solicit product ideas, designs, nor intellectual property from customers. As an established organization and company, it is reasonably conceivable that BEST MALL EVER or its partners may already be creating, curating, or have published works (former and present) related to such submissions. BEST MALL EVER, its parent company and/or partner companies, brands, 3rd party manufacturers, contractors, nor direct affiliated companies and/or partner companies, brands, 3rd party manufacturers, contractors will be required to indemnify any party who transmits unsolicited intellectual works to us.

Any kind of communication or material Users transmit to BEST MALL EVER via the Web Site, by electronic mail, verbally by phone, or verbally in a retail space, or by written method or verbal method in any location or area to an employee, officer, or representative of the company and/or partner companies, brands, 3rd party manufacturers, contractors or its affiliated companies and/or partner companies, brands, 3rd party manufacturers, contractors, or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by BEST MALL EVER. By sending communications to BEST MALL EVER, Users automatically grant BEST MALL EVER a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything Users transmit may be used by BEST MALL EVER and its affiliated companies and/or partner companies, brands, 3rd party manufacturers, contractors for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

 

Furthermore, BEST MALL EVER takes its intellectual property very seriously. To this end, as a company and/or partner companies, brands, 3rd party manufacturers, contractors under the collective scope of companies and/or partner companies, brands, 3rd party manufacturers, contractors directly owned or relationship managed by OMEBM LLC, the company and/or partner companies, brands, 3rd party manufacturers, contractors possesses its own sources of design, creativity, and manufacturing from a highly skilled teams of industry experienced teams who conceive and bring into existence BEST MALL EVER items including all intellectual property or (assets). As a result, BEST MALL EVER cannot agree to or accept being the receiver of unsolicited proposals of collaboration. Indeed, it is reasonably conceivable that BEST MALL EVER may already be working on similar ideas and /or creations. Consequently, Users are advised that BEST MALL EVER is not interested in receiving ideas or other proposals relating to items they may wish to submit. BEST MALL EVER, its parent company and/or partner companies, brands, 3rd party manufacturers, contractors, direct affiliated companies and/or partner companies, brands, 3rd party manufacturers, contractors will not be required to indemnify any party who transmits unsolicited intellectual works to us.

 

 

BEST MALL EVER, its parent organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors and directly affiliated companies and/or partner companies, brands, 3rd party manufacturers, contractors are continuously evolving businesses and as such, we collectively share your information within our directly owned, relationship managed, affiliated internal companies and/or partner companies, brands, 3rd party manufacturers, contractors. We provide notice to you that as we develop, and grow our companies and/or partner companies, brands, 3rd party manufacturers, contractors, at any time present or future, we might purchase or sell off businesses or their assets, or engage in transfers, acquisitions, mergers, restructurings, changes of control, or other transactions. In such transactions, customer information generally is one of the transferred business assets and your information may be subject to such a transfer. You agree to and do hereby consent to any such transfer. Also, in the unlikely event of a bankruptcy, your information may be transferred to a bankruptcy trustee or debtor in possession and then to a subsequent purchaser.

 

Should you make the decision to access this site, give a gift to BEST MALL EVER, request, purchase, or use, of products/services (or any site/product/service that is owned/relationship managed/provided by the organization, company and/or partner companies, brands, 3rd party manufacturers, contractors) from outside the United States, you are responsible for compliance with the local laws of the jurisdiction in the geographical location from where you are accessing one of our sites. You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (2) that you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce. The organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors will, when required by law, release the information related to your access, request, purchase, or use, of our sites, products, or services accessed, requested or obtained by any individual when requested by formal subpoena from a registered government entity. As a general protection that we provide to any individual in question, and to protect internal systems, we will perform due diligence to verify the authenticity of the request and validation of “necessary requirement” of any request to obtain information our organization, company and/or partner companies, brands, 3rd party manufacturers, contractors. As an organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors, we are required to comply with applicable laws, regulations and government resolutions. We will do so in the interests of protecting our organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors and customers by providing the minimum necessary required information as expressed by a final legal ruling from the jurisdictional authority.

 

BEST MALL EVER takes the protection of your Personal Information very seriously and therefore additional information may be collected by BEST MALL EVER or its third party providers for security and anti-fraud purposes (see further information below).

 

Any Personal Information you make available to BEST MALL EVER is done so voluntarily, with your knowledge and consent when giving a financial gift online, through customer service, or in any retail space, making a purchase online or in store, or registering for services or engaging with BEST MALL EVER. This information will be used by the organization, company, and provided to our partner companies, brands, 3rd party manufacturers, contractors. We will request from you information that is mandatory (required by us to fulfill your order, facilitate your transaction, respond to your inquiry, and meet our legal obligations) and non-mandatory (which you can give to us if you chose); if you choose not to provide the mandatory information requested then BEST MALL EVER may not be able to respond to your inquiry or facilitate your transaction request. BEST MALL EVER reserves the right to cancel any transaction, decline response to correspondence submitted to us, or deny service customer service, in any retail space if the Personal Information requirement to conduct a transaction or respond to an inquiry, is unfulfilled/not met. Additionally, the reporting of false information with regard to conducting financial transactions will result in the cancellation of purchase/denial of service, along with cease of engagement with the company. If the information provided presents a Fraud or Security Risk to our organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors or to an identified third party; we will escalate all information related to the incident to the local legal authority in your city/state/province/county/region. BEST MALL EVER operates with extreme diligence to protect the personal information of product purchasing customers (patrons), people providing financial gifts (tips), customers, and non-customers. As an established brand and company and/or partner companies, brands, 3rd party manufacturers, contractors, we implement the highest standards in digital security and data encryption methods.

 

USER GENERATED CONTENT PROVISION

This section concerns user submissions both to the company and/or partner companies, brands, 3rd party manufacturers, contractors and user submissions to platforms/channels/sites not owned/managed/operated/moderated by the company and/or partner companies, brands, 3rd party manufacturers, contractors. The organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors will not publish, respond to, nor engage with any user submission that the organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors determines (at our sole discretion), to infringe on the copyright, trademark, patent right, or other proprietary right of any person, entity; or that is used without the permission of the owner; statements or information that are known or can be questioned as inaccurate; contains references or material of a pornographic, sexually explicit, or obscene nature; exploits children or minors; violates the rights of privacy or publicity of any person; or that we discern to be harassing, libelous, slanderous, false, inaccurate, retaliatory, or defamatory; or contains any personally identifying information. User submissions made on channels/platforms/forums offsite, or channels/platforms/forums/ etc. not owned, operated, managed, moderated by the company and/or partner companies, brands, 3rd party manufacturers, contractors will not receive any response nor engagement from the organization, company and/or partner companies, brands, 3rd party manufacturers, contractors, except to enforce our TERMS OF USE | LEGAL and aggressively defend our organizations, companies, and/or partner companies, brands, 3rd party manufacturers, contractors, affiliates and (shareholders – if at any time the organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors is subject to public offering,) officers, directors, employees, representatives, reputation, products, content, and services to the fullest extent allowable by applicable law. Your user submission on or channels/platforms/forums/ etc. whether owned, operated, relationship managed, moderated, or affiliated; or not owned, operated, relationship managed, moderated or affiliated by/with the company and/or partner companies, brands, 3rd party manufacturers, contractors affirms your acknowledgement of the consequences; and affirms your expressed consent to be held legally accountable for your submission of content, product narrative, organization, company and/or partner companies, brands, 3rd party manufacturers, contractors, review, or any other type of submission in any format, (text, video, or otherwise) etc. to the fullest extent allowable by applicable law with provisions outlined in our TERMS OF USE | LEGAL.

 

NOTICE OF PHOTOGRAPHY, VIDEO, AUDIO, DATA, AND ELECTRONIC DEVICE RECORDING

When you (or your entity) access any site, application, physical facility, retail space, etc. owned/operated/relationship managed by or affiliated with the organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors (whether by ownership, creation, or acquisition, past present or future), contact the organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors by phone, visit any of our retail spaces, online websites, offices, managed spaces, attend any event hosted by the company and/or partner companies, brands, 3rd party manufacturers, contractors, or engage with any officer, employee, or representative of the company and/or partner companies, brands, 3rd party manufacturers, contractors, you (or your entity) affirm your (or your entity) expressed consent that you (or your entity) understand that you (or your entity) are engaging with the organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors in a manner in which photography, video, audio, data and electronic device recording may (and will likely) occur.

 

By accessing any site, application, physical facility owned/operated/relationship managed by or affiliated with the organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors (whether by ownership, creation, or acquisition, past present or future), contacting the organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors by phone, visiting any of our retail spaces, websites, offices, managed spaces, attending any event hosted by the company and/or partner companies, brands, 3rd party manufacturers, contractors, or engaging with any officer, employee, or representative of the organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors; you (or your entity) affirm your consent to interview(s), photography, audio recording, video recording, data recording, electronic device recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on websites, or any other purpose by OMEBM LLC (the company and/or 3rd party partner companies, brands, 3rd party manufacturers, contractors) and its affiliates and representatives. You (or your entity) release the organization, company, and/or 3rd party partner companies, brands, 3rd party manufacturers, contractors, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication of interviews, photographs, computer images, video and/or sound recordings, data, device, or electronic recordings of your site usage, person, entity, or behaviors whether electronically or physically.

 

By accessing any site, application, physical facility owned/operated/relationship managed by or affiliated with the organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors (whether by ownership, creation, or acquisition, past present or future), contacting the organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors by phone, visiting any of our retail spaces, offices, managed spaces, attending any event hosted by the organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors, or engaging with any officer, employee, or representative of the company and/or partner companies, brands, 3rd party manufacturers, contractors; you (or your entity) waive all rights you may have to any claims for payment, royalties, or damages in connection with any exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such exhibiting, broadcasting, web casting, or other publication irrespective of whether the company and/or partner companies, brands, 3rd party manufacturers, contractors has been provided payment or royalties for the use of any and all photography, video, audio, data and electronic device recording captured from you, your entity or third party systems. You (or your entity) also waive any right to inspect or approve any and all photography, video, audio, data and electronic device recording taken by OMEBM LLC (the organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors) or the person or entity designated to do so by OMEBM LLC.

 

You (or your entity) have been fully informed of your consent, waiver of liability, and release when or before accessing any site, application, physical facility owned/operated/relationship managed by or affiliated with the organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors (whether by ownership, creation, or acquisition, past present or future), contacting the organization, company and/or partner companies, brands, 3rd party manufacturers, contractors by phone, visiting any of our retail spaces, offices, managed spaces, attending any event hosted by the organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors, or engaging with any officer, employee, or representative of the company and/or partner companies, brands, 3rd party manufacturers, contractors; and this notice is displayed/accessible/provided on all sites owned/operated/managed by OMEBM LLC; in our retail spaces, in offices, managed spaces; websites, available by phone when engaging with the company and/or partner companies, brands, 3rd party manufacturers, contractors, and when or prior to engaging publicly with any officer, employee, or representative of the organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors, the communications liaison for the officer, employee, or representative of the company and/or partner companies, brands, 3rd party manufacturers, contractors will notify you (or your entity) of your (or your entity) waiver of liability, and release; and affirm your (or your entity) consent verbally or via written expressed consent. If you (or your entity) do not consent to our terms and conditions, DO NOT engage with the organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors. This includes but is not limited to: accessing any site, application owned/operated/relationship managed by or affiliated with the organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors (whether by ownership, creation, or acquisition, past present or future), contacting the company and/or partner companies, brands, 3rd party manufacturers, contractors by phone, visiting any of our stores, offices, managed spaces, attending any event hosted by the company and/or partner companies, brands, 3rd party manufacturers, contractors, or engaging with any officer, employee, or representative of the company and/or partner companies, brands, 3rd party manufacturers, contractors.

 

Cookies and related tracking technologies

 

As an end user of our websites, products, services and content, you affirm your consent to engagement and grant free license and access to our organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors and any/all third party companies and/or partner companies, brands, 3rd party manufacturers, contractors we choose to integrate into our website/products/services/content offerings on any platform or device. You agree that our organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors and third party companies and/or partner companies, brands, 3rd party manufacturers, contractors are not liable nor required to provide you with any kind of monetary or non-monetary compensation or service for the rights to use information that we or they collect from you. You agree that we are not required to provide you with notice of any changes to our policies and that at any time you may visit our organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors resources on official organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors managed platforms to view the most current and up to date policies or terms and conditions. We, or said third parties may use automatic information collection technologies to collect information about you or the device you are using (or have previously used) in connection with the organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors or our websites, products, services or content offerings. Along with our internal technologies, third parties may include: advertisers, ad networks and ad servers, analytics companies and/or partner companies, brands, 3rd party manufacturers, contractors, your mobile device manufacturer, your mobile service provider, etc. We, along with third parties may use tracking technologies to collect information about you when you access or engage with our organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors on any platform or device and from any geographical location. The information that we and third parties companies and/or partner companies, brands, 3rd party manufacturers, contractors collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, applications, and other online services or websites. Demographic information may be collected, along with usage patterns and other non-personally identifiable profile information about you. As a user, our organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors and third party companies and/or partner companies, brands, 3rd party manufacturers, contractors may collect information for any reasonable business purpose without restriction or limitation to any traditional desktop, laptop, table, mobile, wearable data device, or any internet connected device created in the future, and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, your personal data, your non identifiable data, your personal information, non-identifiable information, mobile network information and the device’s telephone number or registered device owner. Sections of our website, notifications, communications, emails, sections of any applications, all items which are provided to you or created in the future by our company and/or partner companies, brands, 3rd party manufacturers, contractors may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that provide our organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors with the ability to perform an unrestricted multitude of actions, included but in no way limited to: measuring the number of users accessing our company and/or partner companies, brands, 3rd party manufacturers, contractors websites and applications, opening electronic communications or physical communications tagged with any kind of electronic data technology, recording user data, recording specific targeted user activity/events across our companies and/or partner companies, brands, 3rd party manufacturers, contractors websites and performing verification of your devices used to provide access to our companies and/or partner companies, brands, 3rd party manufacturers, contractors offerings. The aforementioned list is not meant to be all-inclusive and as technologies continue to evolve and change, we will continue to modify our business strategies and technological capabilities to provide you with an optimal user experience.

Additionally, our organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors and 3rd party companies and/or partner companies, brands, 3rd party manufacturers, contractors also may use technologies to collect information about your experiences with our company 3rd party companies, and/or partner companies, brands, 3rd party manufacturers, contractors and throughout the internet, along with usage of our company and/or partner companies, brands, 3rd party manufacturers, contractors products, platforms, and applications over time. We do not respond to web browser “do not track” signals. You will need to leave this website, and delete the applicable cookies, cache data, and any other applicable related online data files to discontinue tracking. They may (and will likely) use this information to provide you with interest-based (behavioral) advertising or other targeted content. Our organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors does not control or limit the scope of capabilities of the third parties’ tracking technologies or how they may be used. We recommend that you take the time to educate yourself on how you can choose and define your internet experience. If you do not consent to these terms – we advise you to immediately discontinue engagement with our organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors (and directly owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors of OMEBM LLC). If you would like more information about this practice and to know your choices about not having this information used by these third-parties, please visit the following website to learn more and exercise your opt out options. The website resource is: The Network Advertising Initiative. Additionally, for any other companies and/or partner companies, brands, 3rd party manufacturers, contractors (including but not limited to the ones listed on this page - please consult their individual privacy policies for reference on how to proceed with their companies and/or partner companies, brands, 3rd party manufacturers, contractors. Please take the time to review your options and make your decisions for your personal experiences based on the choices the resource provides you with. If you do not consent to any term or condition expressed by our company and/or partner companies, brands, 3rd party manufacturers, contractors or third party companies and/or partner companies, brands, 3rd party manufacturers, contractors that be integrated into our companies and/or partner companies, brands, 3rd party manufacturers, contractors digital offerings on any platform or application or internet connected device; your sole remedy is to immediately discontinue engagement with our organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors, all third party companies and/or partner companies, brands, 3rd party manufacturers, contractors that exercise or have the technological capabilities as outlined in this overall document and policy; along with consulting your service provider, device manufacturer or your trusted information technology resource (person, entity, or otherwise) on how to remove the referenced technologies from your device or system. Disengagement of our organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors as a standalone action will not prevent you from viewing an unrestricted scope of our unlimited content creations across the internet or in public areas due to our established relationships with an ever growing list of companies and/or partner companies, brands, 3rd party manufacturers, contractors who choose to conduct business with our company and/or partner companies, brands, 3rd party manufacturers, contractors or choose to facilitate the technologies, analytical analysis or advertising, all of which are referenced throughout this document, relating to our company and/or partner companies, brands, 3rd party manufacturers, contractors and third parties acting on behalf of our company and/or partner companies, brands, 3rd party manufacturers, contractors.

 

We use technology such as "cookies" on our website to store your user ID and password, track selections, transactions, financial gifts (tips) to BEST MALL EVER, communication requests, and other purchases, advertise to you on this website, throughout the internet, and offline through other media, and more; in order to enhance your shopping experiences with our companies and/or partner companies, brands, 3rd party manufacturers, contractors and third parties acting on behalf of our company and/or partner companies, brands, 3rd party manufacturers, contractors. Cookies are pieces of electronic information stored on your computer. You may disable cookies through the settings in your web browser, but if you do so, some parts of our website may not function properly. We may automatically track and collect information about your IP address, domain service, the type of computer and web browser you are using and the pages you visit (including by using web beacon and other equivalent technology). We collect this information so that we can administer and improve our system. We collect this information to provide you with display advertising around the web, in print publications and direct mailers. Cookies are placed by BEST MALL EVER, Shopify (our host server platform) and third parties (and/or partner companies, brands, 3rd party manufacturers, contractors and third parties acting on behalf of our company and/or partner companies, brands, 3rd party manufacturers, contractors) and others as outlined in the remainder of this document. Regarding your related to your visit on the BEST MALL EVER site, we may share your data and/or aggregate information collected with advertisers, sponsors or other businesses including but not limited to: Shopify, Facebook, Google, Pinterest, Instagram, Twitter, Microsoft, Reddit, etc.

 

NOTICE: BEST MALL EVER, OMEBM LLC and directly owned/relationship managed companies and/or partner companies, brands, 3rd party manufacturers, contractors of OMEBM LLC websites, and organization, company assets are designed for access, conducting transactions, purchases, and at times providing financial gifts (tips) to BEST MALL EVER, retail purchases, and after-market advertising with a primary intended audience of the physical residents of the United States of America. Due to the nature of the internet, our reach extends far beyond the physical residents of the United States of America. We assume no liability for users accessing our website outside of the intended geographical location, or users accessing our website via “tunneling, masking, or virtual private networks (VPN), any method of which, results in the information being passed through a country outside of the geographical locations we serve customers in. By accessing this site in any form you provide your consent and agree that the policies listed in this document and throughout the site, are enforceable without exception regardless of your jurisdiction or government allowance. Each section of this website provides a notice to visitors: (BY ACCESSING ANY SECTION OF THIS SITE YOU AGREE TO THE TERMS OF USE, LEGAL, CONDITIONS OF SALE, PRIVACY POLICY) or similar language. By scrolling, “surfing” pages, etc. You affirm your consent to our terms and Privacy Policy outlined in the Terms of Use | Legal, agreeing to hold harmless BEST MALL EVER, OMEBM LLC and directly owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors of OMEBM LLC from indemnification or any claims even if you do not reside within the intended geographical location for BEST MALL EVER.

 

BEST MALL EVER implements the highest standards in digital security and data encryption methods. We value and respect the right to individual privacy and are 100% committed to protecting the information of customers and non-customers who visit BEST MALL EVER online or in any of our occupied physical spaces. The purpose of this document is to ensure that visitors to this site, transacting or conducting business with BEST MALL EVER in any online form or physical space are properly educated on our policies. If there is any information outlined in this document that appears “confusing”, “difficult to understand”, or too “in depth”, we strongly encourage you to seek a certified legal professional, trusted Information Technology source (person or resource), or other person to help you better understand the terms and information contained herein and through this document in its entirety. For visitors to our site who have not made any kind of transaction, gift (tip) to the organization/company, purchase, have not signed up for email marketing, have not entered any information into any form on this site at any time, and have not engaged with BEST MALL EVER, and do not agree with the terms outlined in our Privacy Policy or Terms of Use | Legal, Conditions of Sale policies, - your sole remedy of action is to immediately discontinue accessing any section of this site (including this page), and perform the proper removal of cookies/browsing history from your browser and device. Please consult your device manufacturer, network service provider or a trusted individual/source to facilitate the removal of your cookies and browsing history from the web browser and device you are accessing this website from.

 

Use of Personal Information

BEST MALL EVER will use your Personal Information:

  • To process your purchase request and complete the transaction;
  • To advertise to you and/or send you information related to the organization, company, and or our partners;
  • For marketing research purposes relating to BEST MALL EVER's business and satisfaction surveys;
  • To customize, analyze and improve our website, digital platforms, offline platforms, physical spaces, products, services, technologies, communications, and relationship with you;
  • To prevent fraud and other prohibited or illegal activities;
  • To enforce our Conditions of Sale, Privacy Notice/Policy, Terms of Use | Legal with you;
  • To protect the security or integrity of our website including your Personal Information, our business, or our products or services; and
  • To provide you with other services you may have requested (e.g. any communication requests to the organization, company, or affiliated partners)

 

THE FOLLOWING INFORMATION PROVIDED IS NOT INTENDED TO BE NOR CAN BE CONSTRUED TO BE A LIST THAT IS COMPREHENSIVE OR ALL-INCLUSIVE. ADDITIONALLY, ALL USERS CONFIRM ACKNOWLEDGEMENT AND EXPRESS CONSENT THAT THE COMPANY AND/OR PARTNER COMPANIES, BRANDS, 3RD PARTY MANUFACTURERS, CONTRACTORS (IN OUR SOLE DISCRETION) MAY ADD TO, REMOVE, ALTER, UPDATE, EDIT, OR OTHERWISE DISABLE ACCESS TO ANY OF THE INFORMATION PROVIDED IN THIS DOCUMENT OR ON OUR SITE AT ANY TIME, WITHOUT ANY NOTICE TO ANYONE.

 

The following cookies are used to facilitate the end user experience on BEST MALL EVER:

NAME

FUNCTION

_ab

Used in connection with access to admin.

_orig_referrer

Used in connection with shopping cart.

_secure_session_id

Used in connection with navigation through a storefront.

Cart

Used in connection with shopping cart.

cart_sig

Used in connection with checkout.

cart_ts

Used in connection with checkout.

checkout_token

Used in connection with checkout.

Secret

Used in connection with checkout.

Secure_customer_sig

Used in connection with customer login.

storefront_digest

Used in connection with customer login.

 

 

Reporting and Analytics

NAME

FUNCTION

_landing_page

Track landing pages.

_orig_referrer

Track landing pages.

_s

Shopify analytics.

_shopify_fs

Shopify analytics.

_shopify_s

Shopify analytics.

_shopify_sa_p

Shopify analytics relating to marketing & referrals.

_shopify_sa_t

Shopify analytics relating to marketing & referrals.

_shopify_uniq

Shopify analytics.

_shopify_visit

Shopify analytics.

_shopify_y

Shopify analytics.

_y

Shopify analytics.

tracked_start_checkout

Shopify analytics relating to checkout.

 

the following Cookies are Necessary in order for this website to properly function. generally, they are placed on site load or as you access sections/features of the website.

NAME

FUNCTION

_Brochure_session

Used in connection with browsing through site.

 

 

Reporting and Analytics

NAME

FUNCTION

_landing_page

Tracks landing pages.

_orig_referrer

Tracks landing pages.

_s

Shopify analytics.

_shopify_fs

Shopify analytics.

_shopify_s

Shopify analytics.

_shopify_sa_t

Shopify analytics relating to marketing & referrals.

_shopify_uniq

Shopify analytics.

_shopify_y

Shopify analytics.

_y

Shopify analytics.

ab_test_3190590030

Shopify analytics.

cart_sig

Shopify analytics.

ki_r

Shopify analytics.

ki_r

Shopify analytics.

ki_t

Shopify analytics.

ki_t

Shopify analytics.

 

Additionally, the following pixels and tags are used from the following third parties, by both BEST MALL EVER, and SHOPIFY (our host server platform) which may in turn place cookies:

REPORTING, ANALYTICS, METRIC MEASUREMENT

THIRD PARTY

DESCRIPTION

PRIVACY POLICY

Alexa Metrics

We use Alexa Metrics to help measure how users interact with our website.

https://www.alexa.com/help/privacy

Bugsnag

Shopify uses Bugsnag to help us troubleshoot and fix issues with our websites.

https://docs.bugsnag.com/legal/privacy-policy/

Chartbeat

Shopify uses Chartbeat to help measure how users interact with our websites.

https://chartbeat.com/privacy/

Crazy Egg

Shopify uses Crazy Egg to help measure how users interact with our websites.

https://www.crazyegg.com/privacy

Fullstory

Shopify uses Fullstory to help measure how users interact with our websites.

https://www.fullstory.com/legal/privacy/

Google Analytics

We use Google Analytics to help measure how users interact with our website.

https://policies.google.com/privacy

Hotjar

Shopify uses Hotjar to help measure how users interact with our websites.

https://www.hotjar.com/legal/policies/privacy

KissInsights

Shopify uses KissInsights to help measure how users interact with our websites.

https://signin.kissmetrics.com/privacy/

LinkedIn Analytics

We use LinkedIn Analytics to help measure how users interact with our website.

https://www.linkedin.com/legal/privacy-policy

New Relic

Shopify uses New Relic to help measure how users interact with our websites.

https://newrelic.com/termsandconditions/privacy

Optimizely

Shopify uses Optimizely to help us test improvements or changes to our websites.

https://www.optimizely.com/privacy/

 

MARKETING, Advertising, AD-TARGETING

Bing Ads

We use Bing Ads to deliver targeted advertisements to individuals who visit our website.

https://privacy.microsoft.com/en-ca/privacystatement

Drift

Shopify uses Drift to help us with conversational marketing to customers while they visit our websites.

https://www.drift.com/privacy-policy/

Facebook Custom Audiences

We use Facebook Custom Audiences to deliver targeted advertisements to individuals who visit our websites.

https://www.facebook.com/policy.php

Google Ads

We use Google Ads to deliver targeted advertisements to individuals who visit our website.

https://policies.google.com/privacy

Google Doubleclick

Shopify uses Google to deliver targeted advertisements to individuals who visit our websites.

https://policies.google.com/privacy

Hubspot

Shopify uses Hubspot to manage their relationships with us.

https://legal.hubspot.com/privacy-policy

Intercom

Shopify uses Intercom to manage their relationships with our us.

https://www.intercom.com/terms-and-policies#privacy

Snapchat

Shopify uses Snapchat to deliver targeted advertisements to individuals who visit our websites powered by them.

https://www.snap.com/en-US/privacy/privacy-policy/

SourceKnowledge

Shopify uses SourceKnowledge to deliver targeted advertisements to individuals who visit websites powered by them.

http://www.sourceknowledge.com/privacy

 

SOCIAL MEDIA AND CONTENT MARKETING PLATFORMS

THIRD PARTY

DESCRIPTION

PRIVACY POLICY

Disqus

We use Disqus to provide commenting capabilities on posts on our website.

https://help.disqus.com/terms-and-policies/disqus-privacy-policy

Facebook Connect

We use Facebook Connect to allow visitors to our website to interact with and share content via Facebook’s social media platform.

https://www.facebook.com/policy.php

Gravatar

Shopify uses Gravatar to allow visitors to our websites to create avatars.

https://en.gravatar.com/site/privacy

Pinterest

Shopify uses Pinterest to allow visitors to our website to interact with and share content via Pinterest’s social media platform.

https://policy.pinterest.com/en/privacy-policy

Twitter

We use Twitter to allow visitors to our website to interact with and share content via Twitter’s social media platform.

https://twitter.com/en/privacy

Wistia

Shopify uses Wistia to display video content.

https://wistia.com/privacy

 

 

 

Regarding cookie storage

The length of time that a cookie is stored on your access device depends on the type of cookie that is placed. We use two types: a “persistent” cookie or a “session” cookie. Session cookies last until you exit our website and persistent cookies last until they expire or are manually deleted. Generally, most of the cookies used on our websites are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device. We advise visitors to our site to review the information below for more information on how to control cookies and guidance on removing them before they expire.

 

As an end user, you are empowered to control and manage your cookie experience in a multitude of ways. If you choose to take action on cookies, understand that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible. You may not be able to view items or complete purchases with us. Unless you have disabled your cookie acceptance previously on your browsers, most web browsers automatically accept cookies. Controlling your cookie experience starts with accessing your browser control menu, usually under “Tools” or “Preferences”. If you don’t know where to access or how to complete the actions needed to disable cookies, please consult a trusted Information Technology source (a person or a resource). BEST MALL EVER organization, company, nor affiliated partners does not provide technical assistance nor recommendations facilitating that process for your browser/device. The third party cookies listed above each have links to their privacy policies and you may find options to opt out of their advertising or tracking services via their websites. Additionally, for information related to Shopify’s privacy policy please visit https://www.shopify.com/legal/privacy.

 

 

Access to Personal Information

Except where stated otherwise, BEST MALL EVER will not share your Personal Information with any unaffiliated third party to our company without your prior consent or unless required to do so in order to facilitate a transaction or by law or legal process.

 

If BEST MALL EVER or substantially all of its assets are acquired as a result of an acquisition, merger, sale, reorganization or liquidation, your Personal Information may be one of the transferred assets.

 

Personal Information collected will be transmitted to, stored, and processed in the generally in the United States, Canada, and a variety of other international Countries where BEST MALL EVER and its affiliates, parent, subsidiaries or agents maintain electronic facilities storage servers, and other related technologies. The geographical location of our host servers, subsidiaries or agents that maintain electronic facilities storage servers, and other related technologies is subject to change at any time. You confirm acknowledgement of this and you affirm your consent that the company and/or partner companies, brands, 3rd party manufacturers, contractors is not required to provide notice of changes at any time, to any party/person/entity.

 

Joint use of Personal Information

The following information will be used jointly by BEST MALL EVER, OMEBM LLC and directly owned/relationship managed organizations, companies and/or partner companies, brands, 3rd party manufacturers, contractors, along with Shopify Inc., providers of our on-line payment portal, any other designated provides of our on-line payment portal), your credit card company and/or our partner companies, brands, 3rd party manufacturers, contractors to process payment of your order, in accordance with credit/debit card payment authorization and fraud prevention:

 

Your name and contact details including shipping and billing addresses;

Your credit card information;

Any information regarding any financial gifts provided to the organization, company in order to facilitate the transaction;

The identification of the items you have ordered;

The price paid for the items you have ordered;

Information relating to your device (e.g. IP address, type of operating system)

 

BEST MALL EVER operates on the Shopify network for payment processing and is certified Level 1 PCI DSS compliant. For more information on this level of security and payment encryption please visit:

https://www.pcisecuritystandards.org

https://www.shopify.com/pci-compliant

 

Your credit card company and/or partner companies, brands, 3rd party manufacturers, contractors is responsible for their use of your Personal Information and should be contacted directly with regard to any matter regarding their use of your Personal Information.

 

Telephone Calls

All telephone calls to the organization, company and affiliated partners will be recorded for training and security reasons; and retained for a period determined by BEST MALL EVER.

 

Security

BEST MALL EVER is committed to protecting the security of your Personal Information. We will employ all reasonable technical and commercial measures to ensure that your Personal Information is held and used securely.

 

Note to minors and children

No part of this site is directed to children under age 13 and we will not knowingly collect personal information from any child under age 13. To conduct any transaction, or engage with the organization, company, you must have reached the age of majority (which in most states is 18 years old) and have legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must advise your parent or legal guardian to review this Privacy Notice and our Conditions of Sale before you conduct any transaction or engage with the organization, company, or affiliated companies. Should we discover or be informed that a child has registered his/her or another child's Personal Information, we will delete such information from our records.

 

Note to parents and legal guardians

BEST MALL EVER will not intentionally collect Personal Information from persons lacking legal capacity to act. If you, as a parent or legal guardian are concerned that the person you are responsible for has registered for one of our services, wish to cancel their registration and have all details deleted please use the email listed within this document for assistance. We reserve the right to request that you write to us providing official documents establishing parental or guardian status.

 

Your Rights

If you request update/redaction/deletion or that BEST MALL EVER stop using your Personal Information, BEST MALL EVER will deal with such requests in accordance with applicable laws and regulations. The deletion of your Personal Information or a request for BEST MALL EVER to stop using it will result in the cancellation of your engagement with the organization, company for BEST MALL EVER and all directly owned/relationship managed companies and/or partner companies, brands, 3rd party manufacturers, contractors of OMEBM LLC. Taking into the consideration for the requirement for BEST MALL EVER to receive personal information in order to fulfill purchase obligations, please understand that your action may prohibit your ability to provide gifts (tips or otherwise) to the organization, purchase products online, or in store, from BEST MALL EVER, OMEBM LLC, or it’s directly owned/managed organizations, companies, and/or partner companies, brands, 3rd party manufacturers, contractors past, present and future companies and/or partner companies, brands, 3rd party manufacturers, contractors through creation or acquisition.

 

To properly identify the authenticity of any request concerning Personal Information and/or cancellation of registration to any services, requests are required to be made using the method listed above in this document Please follow the expressed instructions to facilitate the request. Requests of any kind concerning Personal Information may be required to undergo full identity verification of the individual making the request. As an organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors, we exercise the highest level of safeguards to protect you and the integrity of your personal information. Per the Terms of Use | Legal, no exceptions/addendums will be made to our established policies/requirements to verify the identity of any individual submitting a request for an update/redaction/deletion of personal information. If you decide to request a copy of your Personal Data, we will provide you a copy of your personal data that is available at the time of the request. In many cases, the data may have already been deleted and unavailable. The first copy (if available) is provided at no cost, however any subsequent requests for information from BEST MALL EVER, OMEBM LLC or its directly owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors will be charged a reasonable fee for each request. If you decide to request the deletion of your Personal Information/Data, BEST MALL EVER will generally do so as soon as feasible, following all required steps to reasonably verify the identity of the individual making the request. Bear in mind however, that your right to have your Personal Data deleted is subject to exceptions, such as, for example, compliance with a legal obligation or for the establishment, exercise or defense of legal claims. Any individual who willingly initiates any subsequent relationship with BEST MALL EVER, OMEBM LLC or its directly owned/managed organizations, companies and/or partner companies, brands, 3rd party manufacturers, contractors and purposefully provides personal information/data upon site access, making a financial gift (tip or otherwise), retail purchase, registration for services, submission of a correspondence form, etc, any of those events taking place either in a physical space or online, and initiates a subsequent request for the deletion of personal information/data; you will be charged a reasonable fee for each request.

 

BEST MALL EVER takes commercially reasonable steps to protect all individual's personal information, email addresses etc, and maintain the security of this information. We reserve the right to release personal information to facilitate any transaction and to protect our payment and security systems or company and/or partner companies, brands, 3rd party manufacturers, contractors, when we reasonably believe you to be in violation of our Terms of Use | Legal or if we reasonably believe you to have initiated or participated in any grey market/fraudulent/illegal activity. In addition, please be aware that in certain circumstances, BEST MALL EVER may be obligated to release your personal information pursuant to judicial or other government subpoenas, warrants, or other orders.

 

BEST MALL EVER takes precautions in our Physical Spaces, at hosted Organization, Company, and/or partner companies, brands, 3rd party manufacturers, contractors events, any interactions with customer service, and engagement of any kind on the Website — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction. In addition to using a payment process that is certified Level 1 PCI DSS compliant, BEST MALL EVER uses Secure Sockets Layer (SSL) encryption on all web pages where personal information is collected throughout the website. Unfortunately, transmitting information over the Internet or on any channel whether online or in person is not completely secure. Although we will do our best to protect your personal Information, we cannot guarantee the security of the data you transmit or provide to the company and/or partner companies, brands, 3rd party manufacturers, contractors; any transmission or offering of information is at your own risk and we cannot be held liable. By engaging with the company and/or partner companies, brands, 3rd party manufacturers, contractors, you affirm your understanding of this and agree to our policies outlined in our Privacy Policy and Terms of Use | Legal.

 

Our company and/or partner companies, brands, 3rd party manufacturers, contractors strongly encourages education regarding public safety and security on the internet. We sincerely advise you to remember that any information (including personal information) that you disclose in public areas of our Web site, (including but not limited to:) such as article message boards, reviews of products etc, becomes public information that others may collect, circulate, and use. Because we cannot and do not control the acts of others, you should exercise caution when deciding to disclose information about yourself or others in public areas online such as these.

 

NOTICE TO INTERNATIONAL VISITORS: Individuals located in countries outside of the United States of America who submit personal information do thereby consent to the full use of such information as provided in this PRIVACY NOTICE and to its transfer to and/or storage in the United States of America.

 

General Data Protection Regulation (GDPR) Compliance

If you are a resident of or are located in the European Economic Area (“EEA”), you may also have certain rights under the General Data Protection Regulation (“GDPR”). Personal Data you provide on any of OMEBM LLC’s websites is only collected with your consent, and may be transmitted outside of the EEA to BEST MALL EVER, OMEBM LLC (or electronic storage servers maintained for the benefit of BEST MALL EVER, OMEBM LLC) pursuant to that consent.

 

In general, under the GDPR you may:

 

  • request access to your Personal Data
  • have incomplete or incorrect data corrected
  • have your Personal Data deleted
  • suspend or restrict our use of your Personal Data, or withdraw your consent
  • request a copy of your Personal Data
  • complain to a supervisory authority if you believe your rights under the GDPR are not being respected

If you decide to request a copy of your Personal Data, we will provide you a copy of your personal data that you provided to us on site access, financial gift (tips or otherwise) to us, purchase, online registration, in any physical space or online. The first copy is provided at no cost, however any subsequent requests for information from BEST MALL EVER, OMEBM LLC or its directly owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors will be charged a reasonable fee for each request. If you decide to request the deletion of your Personal Information/Data, BEST MALL EVER will generally do so as soon as feasible, following all required steps to reasonably verify the identity of the individual making the request. Bear in mind however, that your right to have your Personal Data deleted is subject to exceptions, such as, for example, compliance with a legal obligation or for the establishment, exercise or defense of legal claims. Any individual who willingly initiates any subsequent relationship with BEST MALL EVER, OMEBM LLC or its directly owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors and purposefully provides personal information/data upon site access, purchase, registration for services, submission of a correspondence form, or client profile, any of those events taking place either in store or online, and initiates a subsequent request for the deletion of personal information/data; you will be charged a reasonable fee for each request.

Art 57 section 1 of the GDPR – “1Where requests are manifestly unfounded or excessive, in particular because of their repetitive character, the supervisory authority may charge a reasonable fee based on administrative costs, or refuse to act on the request.

 

Please submit the request using the email listed above within this document if you have concerns regarding your Personal Data, or wish to exercise any of these listed rights.

 

Changes to this Privacy Notice

We may change this Privacy Notice and the updated version will appear in this section.

 

The policies outlined throughout this document related to requests for additional identity verification related to transactional/service requests and in the TERMS OF USE | LEGAL | PRIVACY POLICY | CONDITIONS OF SALE are applicable wherever our products and services are sold, requested, offered or provided.

The organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors reserves the right to limit or refuse any return request. All sales and transactions are final without exception. In the rare and unlikely event that a return transaction is faciliated: All returns facilitated are subject to a first or third‐party verification process. For any return request (primarily, but not limited to our retail stores), the company and/or partner companies, brands, 3rd party manufacturers, contractors reserves the right to request that you provide a valid unexpired form of photo identification. Our transaction verification teams (internally and external third party) analyze each transaction facilitated for the company and/or partner companies, brands, 3rd party manufacturers, contractors. Analysts track return trends for individual purchasers and review aggregate data information to detect trends of improper returns, irregular purchase activity, and abuse of purchase privileges including any form of retail theft or deceptive acts to defraud the company and/or partner companies, brands, 3rd party manufacturers, contractors. In no event, at any time, will any person be permitted to return any item or seek refund for any service without a providing a valid, unexpired, verified record of purchase that is validated against the purchase record on file with the company and/or partner companies, brands, 3rd party manufacturers, contractors. Any individual who by internal (or external) analysis has been determined to violate our policies or attempts to defraud the company and/or partner companies, brands, 3rd party manufacturers, contractors will be banned permanently from conducting business with the organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors or any of our owned/managed/or affiliated companies and/or partner companies, brands, 3rd party manufacturers, contractors – past, present or future through creation, merger, or acquisition. Additionally, any individual who by internal analysis has been determined to violate our policies or attempts to defraud the company and/or partner companies, brands, 3rd party manufacturers, contractors, will have their return request denied and no refund will be issued. The record of sale for the purchase will be voided, stored with an individual profile of record prohibiting the person from conducting any business with us, and compiled with aggregate data to prohibit future attempts to perform transactional/return requests for the item(s)/service(s) in question. Without regard to size, scope or minimal timeframe of the concerned transaction(s) or event(s), OMEBM LLC takes our policies seriously. Together with the cooperation of law enforcement, the company and/or partner companies, brands, 3rd party manufacturers, contractors currently escalates without prejudice to the local legal jurisdiction of the offending party: the profiles/data/information/device information of any and all individuals (both the actors and the accomplices) who are confirmed to attempt to defraud the company and/or partner companies, brands, 3rd party manufacturers, contractors or have successfully circumvented our systems to defraud the company and/or partner companies, brands, 3rd party manufacturers, contractors or abuse our policies for personal or group gain.

You agree that we (or any third party verification company and/or partner companies, brands, 3rd party manufacturers, contractors), or law enforcement entity, are not required to provide you with any notice at any time regarding the denial of your return request, that we (or any third party verification company and/or partner companies, brands, 3rd party manufacturers, contractors) or law enforcement entity, are not required to provide you with any details regarding the data or information that resulted in an adverse action against you or our decision to not conduct business of any kind with you. We, or our third‐party processor may record your information from any identification item that you present to us when completing a return request, and keep it in a secure database to assist the company and/or partner companies, brands, 3rd party manufacturers, contractors in validating any kind of transactional request you make with our company and/or partner companies, brands, 3rd party manufacturers, contractors or any of our owned/managed/or affiliated companies and/or partner companies, brands, 3rd party manufacturers, contractors – past, present or future through creation, merger, or acquisition. You agree that we (or any third party verification company and/or partner companies, brands, 3rd party manufacturers, contractors), or law enforcement entity, are not required to provide you with any copies of stored information and by completing a purchase or requesting a service from the company and/or partner companies, brands, 3rd party manufacturers, contractors, you affirm your understanding and consent to our policies, and waive any rights applicable to your jurisdiction regarding our policies or transmission/storage of information/data to legally protect our organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors against any kind of loss.

 

The Conditions of Sale, Privacy Policy, Returns Policy, and Terms of Use | Legal shall be governed by and construed in accordance with the laws of the State of Virginia, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the aforementioned documents, including the validity, invalidity, breach or termination thereof, shall be arbitrated in the State and County of Virginia. All users of this site, contact by phone, or who visit an BEST MALL EVER physical space, affirm their consent to our terms and acknowledge that regardless of the outcome, any claim submitted against BEST MALL EVER, OMEBM LLC, or its directly owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors will be resolved by binding arbitration, rather than in court, with the initiating party responsible for any arbitrator legal costs, attorney fees etc. incurred by BEST MALL EVER, its parent company and/or partner companies, brands, 3rd party manufacturers, contractors or direct affiliated companies and/or partner companies, brands, 3rd party manufacturers, contractors. This policy is without exception and by accessing any website owned by OMEBM LLC or conducting business with any organizations, companies, and/or partner companies, brands, 3rd party manufacturers, contractors referenced as one in the same with OMEBM LLC, you provide your consent/agreement to all of the terms outlined in this document and related site policies relating to BEST MALL EVER.COM

 

With regard to any dispute, claim, accusation or controversy arising out of or related to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding non-appearance-based arbitration. By accessing any content provided by the company and/or partner companies, brands, 3rd party manufacturers, contractors, or when you engage with the company and/or partner companies, brands, 3rd party manufacturers, contractors, register for any service/program, request any type of correspondence, purchase any products, or participate at any event hosted by the company and/or partner companies, brands, 3rd party manufacturers, contractors, in the event that a party elects arbitration to begin adverse action against our company and/or partner companies, brands, 3rd party manufacturers, contractors, the initiating party shall initiate such arbitration before a single arbitrator through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties, or, if no agreement is reached within ten (10) days of a request for agreement, then according to the rules (“Rules”) of the American Arbitration Association - (Learn more here https://www.adr.org/sites/default/files/document_repository/AAA_Guide_Arbitration_Process_Roadmap_2011_02_16%20(1).pdf.) The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed upon in writing by both parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. All aspects of the arbitration shall be treated as confidential, as provided in the Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. You agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you or your entity, or company are each waiving the right to a trial by jury and the right to participate in a class or representative action. YOU AND YOUR ENTITY OR COMPANY AGREE THAT EACH MAY BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, the arbitrator may not consolidate more than one person’s claims with you or your entity or company’s claims; and may not otherwise preside over any form of a class or representative proceeding. Per the TERMS OF USE | LEGAL - you affirm your understanding and consent to paying all costs and legal fees incurred by BEST MALL EVER, its parent company and/or partner companies, brands, 3rd party manufacturers, contractors OMEBM LLC and directly owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors with any relation to your claim. In any event that a claim is brought against us, and even in the event that the arbitrator awards a judgment in favor of our company and/or partner companies, brands, 3rd party manufacturers, contractors - we provide notice in this document that our company and/or partner companies, brands, 3rd party manufacturers, contractors will initiate a counter claim filing against the party who took initial action. Without prejudice to the individual, entity, or circumstances related to the case, our company and/or partner companies, brands, 3rd party manufacturers, contractors is expressly committed to defending claims of any kind. BEST MALL EVER and its parent company and/or partner companies, brands, 3rd party manufacturers, contractors OMEBM LLC will seek no less than 200% of the original damages requested by the defeated party, along with all attorney costs without cap or limitation along with excess legal and public relation fees incurred by our company and/or partner companies, brands, 3rd party manufacturers, contractors in relation to asserting our right to fair defense of our companies and/or partner companies, brands, 3rd party manufacturers, contractors and affiliates against erroneous, unsubstantiated, libelous, slanderous, claims or arguments from the party who initiated adverse action arbitration against any of our owned/managed/or affiliated companies and/or partner companies, brands, 3rd party manufacturers, contractors – past, present or future through creation, merger, or acquisition. These terms of this provision and document in its entirety are without exception and by taking any action to engage with our company and/or partner companies, brands, 3rd party manufacturers, contractors at any time from any device or with regard to any request or purchase or use of products or services provided by our company and/or partner companies, brands, 3rd party manufacturers, contractors or relationship managed /owned/affiliated companies and/or partner companies, brands, 3rd party manufacturers, contractors regardless of whether or not your engagement took place online, in a physical space, or via any internet connected device, or in a public area – you provide your expressed consent and agreement to our terms and conditions. Any person who engages with our companies and/or partner companies, brands, 3rd party manufacturers, contractors is provided public notice of where you or they, may access our terms of use and legal conditions online.

 

You (or your entity) affirm and agree that liability of the organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors, its owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors, affiliates and (shareholders – if at any time the organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors is subject to public offering,) officers, directors, employees and representatives, for any loss, damages, or claims of any kind brought against the company and/or partner companies, brands, 3rd party manufacturers, contractors by you, (or your entity), is limited to the actual cost of the items purchased (as noted on a receipt provided by the company and/or partner companies, brands, 3rd party manufacturers, contractors) or $50.00 fifty dollars and zero cents; whichever is less, regardless of the amount of the price paid for your purchase, or regardless of the amount of the damages outlined in your claim against the company and/or partner companies, brands, 3rd party manufacturers, contractors. You agree to hold harmless the organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors, its owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors, affiliates and (shareholders – if at any time the company and/or partner companies, brands, 3rd party manufacturers, contractors is subject to public offering,) officers, directors, employees and representatives from any compensation in excess of $50.00 fifty dollars and zero cents (or the lesser amount), additional compensation of any kind, without limit to interpretation of compensation regardless of the kind of damage or claim incurred by you (or your entity). In any event, the company and/or partner companies, brands, 3rd party manufacturers, contractors, its owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors, affiliates and (shareholders – if at any time the company and/or partner companies, brands, 3rd party manufacturers, contractors is subject to public offering,) officers, directors, employees and representatives will not be liable for any damage, whether direct, incidental, special or consequential, in excess of $50.00 fifty dollars and zero cents (or the lesser amount), whether or not we had knowledge or should have had knowledge that such damage might be incurred, including but not limited to loss of any kind of income, profit, or property by you (or your entity). Also, we won't be liable if you (or your entity) or the recipient violates any terms of our policies.

 

 

SPECIAL PROVISION CLAUSE

Our organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors invokes without limitation – a multitude of security measures across our digital and physical platforms to protect the intellectual property of our organization company and/or partner companies, brands, 3rd party manufacturers, contractors, directly owned/managed companies and/or partner companies, brands, 3rd party manufacturers, contractors, and valued design/content collaborators. From time to time, there are individuals and entities who consciously choose to disregard the established legal rights and protections of our brands and companies and/or partner companies, brands, 3rd party manufacturers, contractors. To protect the interests of the previously referenced - the following notice relates to the protection of our rights as a organization, company, and/or partner companies, brands, 3rd party manufacturers, contractors and is not included as any scope of the arbitration provision. This clause is notice of the exclusive right of our company and/or partner companies, brands, 3rd party manufacturers, contractors to aggressively pursue any and all available legal methods of remedy to protect our interests and intellectual property. The following “notice to visitors” will be enforced to the fullest extent of the law within a court; and if deemed necessary resolved by judge or trial by jury with our request to be awarded with the maximum monetary damages allowable under the scope of the law; in addition to our attorney costs without cap or limitation, along with excess legal and public relation fees incurred by our company and/or partner companies, brands, 3rd party manufacturers, contractors in stemming from the need to assert our right to protect our brands and companies and/or partner companies, brands, 3rd party manufacturers, contractors against unauthorized theft or infringement of our intellectual property:

BEST MALL EVER NOTICE TO VISITORS:

Relating to any persons/entities accessing this site or servers, the following notice is applicable.

If you have received a (notice/subpoena/request to appear) regarding infringement of the intellectual property of BEST MALL EVER, BEST MALL EVER, or affiliated companies and/or partner companies, brands, 3rd party manufacturers, contractors please notify your legal representative licensed in the State/City/Province/Country you were served in.

Based on the laws applicable to your jurisdiction, your representative may be required to prepare a response, file within the appropriate local jurisdiction, and arrange for compensatory damages (without limit or cap) to be appropriated to OMEBM LLC in the event that any claim of infringement is proven to be valid. You (or your representative) may contact legal (at symbol) BEST MALL EVER (dot symbol) com with inquiries regarding resolution, requests for information related to our filing, or notices of your removal of the infringement of the protected intellectual property.

Requests for non-indemnification or reduced damages, that are accompanied by verifiable resolutions of the removal of the infringing content within a reasonable timeframe as determined by OMEBM LLC; will be reviewed and taken into careful consideration, with determinations based on the level of infringement and length of time of the offense.

Please be advised that the primary reason a filing was made regarding your person or entity is to protect the intellectual property of companies and/or partner companies, brands, 3rd party manufacturers, contractors directly owned by OMEBM LLC, its affiliates, and our valued content collaborators.

Without regard to size, scope or minimal timeframe of the infringement, OMEBM LLC takes the abovementioned concerns seriously and currently files claims to be awarded with the maximum monetary damages allowable under the scope of the law without prejudice to the local legal jurisdiction of the offending party.

 

The waiver by BEST MALL EVER of a breach of any provision of these Terms will not operate to be interpreted as a waiver of any other or subsequent breach.

| A OMEBM LLC COMPANY. ALL RIGHTS RESERVED. | BY ACCESSING, INTERACTING, OR ENGAGING ANY SECTION OF THIS SITE, YOU AFFIRM THAT YOU ACCEPT THE CONDITIONS OF SALE | TERMS OF USE | LEGAL | & PRIVACY POLICIES. | DISCLAIMER: Throughout this site you will find links and advertisements to other websites and applications. We also provide links and product advertisements to websites of other organizations and companies to provide visitors with certain information. If you click on any of those links types, applications, or advertisements across any pages, you will be leaving this site. Our provision or inclusion of these links and advertisements does not imply approval of the listed destinations, nor product endorsement, nor any political affiliation, reciprocated approval, nor do we warrant the accuracy of any information in those destinations, nor does our provision or inclusion of these links constitute endorsement of the companies and/or entities to whose sites the links and advertisements are made, nor does it imply endorsement of any of the opinions expressed on any of these outside websites. These web sites operate under the auspices and at the direction of their respective owners and governing entities. BEST MALL EVER is not a 501(c)(3) and any gift (tips) transaction completed is not tax deductible. The contents of this website, and the posting and viewing of the information on this website including blogging or reporting content, should not be construed as, and should not be relied upon for official legal, life, health, business, financial, or tax advice in any particular circumstance or fact situation. Please consult with a certified professional in any particular circumstance or fact situation.

The Terms of Use, Legal Policies, Conditions of Sale, and Privacy Policies (all policies as amended from time to time), including policies incorporated herein (e.g., Terms of Use, Legal Policies, Conditions of Sale, or Privacy Policies) constitute the entire agreement between you and OMEBM LLC, BEST MALL EVER, BEST MALL EVER™, and/or partner organizations, companies, brands, 3rd party manufacturers, contractors regarding your engagement with BEST MALL EVER™, and/or partner organizations, companies, brands, 3rd party manufacturers, contractors products through the Customer Service Contact Center or the Website, and supersede any prior polices (namely Terms of Use, Legal Policies, Conditions of Sale, or Privacy Policies) or any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and BEST MALL EVER™, and/or partner organizations, companies, brands, 3rd party manufacturers, contractors in relation to such matters. No oral representation or agreement given by any party shall alter the interpretation of the Terms of Use, Legal Policies, Conditions of Sale, or Privacy Policies.

 

Last Revised: September 01, 2021