Terms & Conditions

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1. PRODUCT SAFETY, ALLERGENS, AND FOOD DISCLOSURES

• ALLERGEN NOTICE: Our products are made with Tree Nuts (Pecans) and may contain raw pecans. Our products are prepared in a facility that handles multiple allergens. WE CANNOT AND DO NOT GUARANTEE THAT OUR PRODUCTS ARE COMPLETELY FREE OF ALLERGENS. OUR PRODUCTS MAY CONTAIN OR COME INTO CONTACT WITH ALLERGENS, INCLUDING BUT NOT LIMITED TO: TREE NUTS, PEANUTS, MILK, SOY, WHEAT, AND EGGS. Individuals with food allergies or sensitivities must use their own best judgment before consuming our products. IF YOU HAVE A SEVERE ALLERGY, WE EXPRESSLY RECOMMEND THAT YOU DO NOT CONSUME THIS PRODUCT. BY PURCHASING, YOU ACKNOWLEDGE THAT CROSS-CONTAMINATION IS AN INHERENT RISK OF ARTISANAL FOOD PRODUCTION AND YOU VOLUNTARILY ASSUME THIS RISK.

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• COTTAGE FOOD OPERATION DISCLOSURE: Maliyah’s Signature is a brand name owned and operated by MLC LLC, a home-based food processor operating under the North Carolina Department of Agriculture & Consumer Services (NCDA&CS) Home Processor guidelines. By purchasing, you expressly acknowledge and understand that our products are prepared in a private home kitchen that is not subject to routine government food safety inspections. While we maintain a sanitary environment and have undergone a required home kitchen inspection for approval, you acknowledge that the production environment is a residential setting. YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH CONSUMING FOOD PRODUCED IN A HOME-BASED OPERATION AND WAIVE ANY CLAIMS AGAINST MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE), ITS OWNERS, AND ITS MEMBERS RELATED TO THE NATURE OF THE PRODUCTION FACILITY.

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• ⚠️ CHOKING HAZARD: Candied pecans are hard, small food items that pose a choking hazard for adults and children of all ages. Adult supervision is required for children and for individuals who may need assistance or additional support while consuming this product. IF YOU OR SOMEONE ELSE, WHETHER AN ADULT OR A CHILD, IS AT RISK OF CHOKING, WE RECOMMEND NOT CONSUMING THIS PRODUCT.

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• GENERAL FOOD SAFETY DISCLAIMER: Our products are intended for general consumption and are not designed to diagnose, treat, cure, or prevent any medical condition. Individuals with specific health concerns, dietary restrictions, or severe allergies should consult with a medical professional before consumption. BY PURCHASING OR CONSUMING OUR PRODUCTS, YOU AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO DECIDE WHETHER THEY ARE SUITABLE FOR YOUR DIETARY NEEDS. CONSUMPTION OF OUR PRODUCTS IS AT THE CONSUMER’S OWN DISCRETION AND SOLE RISK. MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE), INCLUDING ITS OWNERS, MEMBERS, AND EMPLOYEES, IS NOT RESPONSIBLE FOR THE STORAGE, HANDLING, OR PREPARATION OF THE PRODUCT ONCE DELIVERED. TO THE FULLEST EXTENT PERMITTED BY LAW, MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE) DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

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2. THE HANDMADE FACTOR, PRODUCT CONSISTENCY, AND CHARACTERISTICS

Our products are handcrafted in small batches using quality ingredients. By purchasing, the consumer acknowledges and accepts the following:

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• ARTISANAL VARIATIONS: Due to the handmade nature of our process, there will be natural variations in color, size, shape, and coating texture between batches and individual pieces. THESE VARIATIONS ARE NOT DEFECTS, ARE NOT CONSIDERED DAMAGE, AND ARE NOT GROUNDS FOR REPLACEMENT OR REFUND.

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• NATURAL HARVEST DISCLAIMER: While we use quality ingredients and maintain rigorous preparation standards, pecans are a natural crop. BY PURCHASING, YOU ACKNOWLEDGE THAT OCCASIONAL SHELL FRAGMENTS OR NATURAL HARD DEPOSITS MAY BE PRESENT DESPITE OUR BEST EFFORTS. Consumers are advised to consume with caution.

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• SENSORY EXPECTATIONS: Descriptions or images provided on our website or social media are for illustrative purposes only. MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE) DOES NOT WARRANT THAT THE TASTE, AROMA, OR EXACT CRUNCH LEVEL WILL MEET A CONSUMER’S SUBJECTIVE PERSONAL EXPECTATIONS.

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3. PAYMENT POLICY, SECURITY, AND FRAUD PREVENTION

• ACCEPTED PAYMENT METHODS: For online purchases, we accept debit and credit cards through secure, third-party payment processors. In-person purchases may be made using cash or debit/credit cards. All prices are listed in U.S. dollars.

• ERRORS IN PRICING: Occasionally, there may be information on our site that contains typographical errors or inaccuracies related to pricing or availability. MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE) RESERVES THE RIGHT TO CORRECT ANY ERRORS AND TO CHANGE OR UPDATE INFORMATION OR CANCEL ORDERS IF ANY INFORMATION IS INACCURATE AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER).

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• PAYMENT AUTHORIZATION & PROCESSING: Full payment must be successfully authorized and cleared at the time of purchase. Orders will not be processed, prepared, shipped, or released until payment has been received and confirmed. BY PROVIDING PAYMENT INFORMATION, YOU REPRESENT AND WARRANT THAT YOU ARE THE AUTHORIZED HOLDER OF THE PAYMENT INSTRUMENT. We reserve the right to cancel or refuse any order for which payment authorization fails or is reversed.

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• THIRD-PARTY PROCESSING & DATA SECURITY: All electronic payments are processed through independent, third-party payment processors. MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE) DOES NOT STORE, RETAIN, OR HAVE ACCESS TO FULL CREDIT OR DEBIT CARD NUMBERS. By completing a purchase, you agree to be bound by the terms and conditions of the applicable payment processor. TO THE FULLEST EXTENT PERMITTED BY LAW, MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE) DISCLAIMS ALL LIABILITY FOR ANY DATA BREACHES OR SECURITY FAILURES OCCURRING AT THE PROCESSOR LEVEL.

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• CHARGEBACKS & PAYMENT DISPUTES: By placing an order, you agree not to initiate a chargeback, payment dispute, or payment reversal with your card issuer or payment provider without first contacting us directly and allowing us a reasonable opportunity to resolve the issue. UNAUTHORIZED CHARGEBACKS ARE CONSIDERED A BREACH OF THIS CONTRACT. MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE) reserves the right to contest chargebacks with supporting documentation, recover any fees or losses incurred as a result of improper chargebacks, and refuse future transactions from customers who engage in chargeback abuse.

• FRAUD PREVENTION: We reserve the right to request additional verification, cancel orders, or refuse service if we reasonably suspect fraudulent, unauthorized, or unlawful payment activity.

• RIGHT TO REFUSE SERVICE: MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE) RESERVES THE RIGHT TO REFUSE SERVICE, LIMIT QUANTITIES, OR CANCEL ORDERS FOR ANY REASON AT ANY TIME, INCLUDING ORDERS THAT APPEAR TO BE PLACED BY UNAUTHORIZED RESELLERS OR DEALERS.

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4. SHIPPING, DELIVERY, AND RISK OF LOSS

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• PROCESSING TIME: Please allow 2–5 business days for order processing and preparation before shipment. Processing times may increase during peak seasons. ESTIMATED DELIVERY DATES ARE NOT GUARANTEED.

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• ADDRESS ACCURACY: It is the customer’s SOLE RESPONSIBILITY to provide a correct and complete shipping address. MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE) is not responsible for orders delivered to incorrect addresses provided by the customer.

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• TRANSFER OF RISK (FOB SHIPPING POINT): ONCE A PACKAGE IS HANDED OVER TO A THIRD-PARTY CARRIER (E.G., USPS, UPS, FEDEX), RISK OF LOSS AND TITLE PASSES TO THE CONSUMER. MLC LLC (DOING BUSINESS AS ​MALIYAH’S SIGNATURE) is not liable for delays, damages, or losses caused by the carrier, weather, or "Acts of God."

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• LOST OR STOLEN PACKAGES: MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE) IS NOT RESPONSIBLE FOR PACKAGES THAT ARE STOLEN AFTER A "DELIVERED" STATUS IS CONFIRMED BY THE CARRIER.

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• DAMAGED SHIPMENTS: If an order arrives damaged, you must contact us at MaliyahsSignature@gmail.com within 48 hours of delivery with photographic evidence of the packaging and product. FAILURE TO REPORT WITHIN THIS WINDOW CONSTITUTES A WAIVER OF YOUR RIGHT TO A CLAIM. REPLACEMENTS ARE NOT GUARANTEED FOR CARRIER-INFLICTED DAMAGE.

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• FRAUD PREVENTION: Multiple reports of lost or damaged items from the same customer or address will be flagged. MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE) reserves the right to refuse service to any customer suspected of fraudulent activity.

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5. FORCE MAJEURE (EVENTS BEYOND OUR CONTROL)

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MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE) shall not be liable for any failure, delay, or interruption in the performance of its obligations resulting from causes beyond its reasonable control. Such causes include, but are not limited to: Acts of God, natural disasters, extreme weather, fire, power outages, labor disputes, pandemics, supply chain disruptions, ingredient shortages (including but not limited to raw pecan harvest failures), governmental actions, or third-party carrier service interruptions. In the event of a Force Majeure occurrence, MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE) RESERVES THE RIGHT TO EXTEND PROCESSING TIMES OR CANCEL AFFECTED ORDERS WITH A STORE CREDIT RESOLUTION AT ITS SOLE DISCRETION. The occurrence of a Force Majeure event does not entitle the customer to a cash refund, as all sales remain final under Section 6 of this agreement.

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6. REFUNDS, CANCELLATIONS, AND CUSTOMER SATISFACTION

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• ALL SALES ARE FINAL: Due to the perishable nature of our products, WE DO NOT ACCEPT RETURNS, AND WE DO NOT OFFER REFUNDS. Once an order has been processed or shipped, the transaction is complete and non-reversible.

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• CANCELLATIONS: Cancellation requests must be submitted within 24 hours of order placement. Once a batch has been prepared for your order, cancellations will not be accepted.

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• LIMITED RESOLUTION DISCRETION: If you receive the incorrect item or believe there is a verifiable error in your order, you must contact us at MaliyahsSignature@gmail.com within 48 hours of delivery.

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• GESTURES OF GOODWILL: Any resolution offered by MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE)—including but not limited to replacements, discounts, or store credits—is provided at our SOLE AND ABSOLUTE DISCRETION as a voluntary gesture of goodwill. THE OFFERING OF A RESOLUTION IN ONE INSTANCE DOES NOT CREATE AN OBLIGATION TO PROVIDE A REFUND OR REPLACEMENT IN THE FUTURE, NOR DOES IT WAIVE OUR "ALL SALES FINAL" POLICY. The failure of MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE) to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

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• NON-REFUNDABLE COSTS: Under no circumstances will shipping fees, rush processing fees, or third-party payment processing fees be refunded.

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7. LIMITATION OF LIABILITY, INDEMNIFICATION, AND GOVERNING LAW

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• SERVICE "AS IS" AND "AS AVAILABLE": YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, WWW.SIGNATUREPECANS.COM IS AT YOUR SOLE RISK. THE WEBSITE AND ALL PRODUCTS DELIVERED TO YOU THROUGH THE SERVICE BY MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE) ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

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• LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE), ITS OWNERS, MEMBERS, OR EMPLOYEES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, OR REPLACEMENT COSTS ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE.

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• LIABILITY CAP: UNDER NO CIRCUMSTANCES SHALL THE TOTAL AGGREGATE LIABILITY OF MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE) EXCEED THE ACTUAL TOTAL PURCHASE PRICE PAID BY THE CUSTOMER FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM.

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• INDEMNIFICATION: YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE) AND ITS REPRESENTATIVES FROM ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM YOUR USE OF THE PRODUCT, YOUR USE OF THE WEBSITE, OR YOUR BREACH OF THESE TERMS.

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• GOVERNING LAW & VENUE: THESE TERMS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NORTH CAROLINA. ANY DISPUTE SHALL BE RESOLVED EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN ROBESON COUNTY, NORTH CAROLINA.

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• SEVERABILITY: IF ANY PROVISION OF THIS AGREEMENT IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THE LIABILITY OF MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE) SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND THE REMAINING PROVISIONS WILL REMAIN IN FULL FORCE AND EFFECT.

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8. INTELLECTUAL PROPERTY & WEBSITE USE

• OWNERSHIP: All content included on WWW.SIGNATUREPECANS.COM, such as text, graphics, logos, images, and digital downloads, is the property of MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE) and is protected by United States and international copyright laws.

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• USER REVIEWS & CONTENT: If you post reviews, comments, or photos to our website or social media tagging our brand, you grant MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE) a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, and display such content. WE RESERVE THE RIGHT (BUT NOT THE OBLIGATION) TO REMOVE OR EDIT ANY CONTENT THAT WE DEEM, IN OUR SOLE DISCRETION, TO BE FALSE, DEFAMATORY, ABUSIVE, OR A FORM OF "REVIEW EXTORTION" INTENDED TO BYPASS OUR REFUND POLICIES.

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9. ELECTRONIC COMMUNICATIONS

By visiting WWW.SIGNATUREPECANS.COM or sending emails to MaliyahsSignature@gmail.com, you are communicating with us electronically. You consent to receive communications from us electronically. YOU AGREE THAT ALL AGREEMENTS, NOTICES, DISCLOSURES, AND OTHER COMMUNICATIONS THAT MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE) PROVIDES TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.

 

 

10. NO RESALE OR COMMERCIAL USE; AUTHORIZED WHOLESALE EXCEPTION

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OUR PRODUCTS ARE SOLD EXCLUSIVELY FOR PERSONAL, NON-COMMERCIAL CONSUMPTION UNLESS EXPRESSLY AUTHORIZED IN WRITING BY MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE). THE UNAUTHORIZED RESALE, REPACKAGING, OR RELABELING OF OUR PRODUCTS IS STRICTLY PROHIBITED.

WHOLESALE OR RETAIL RESALE IS PERMITTED SOLELY FOR BUSINESSES THAT HAVE BEEN FORMALLY APPROVED BY MLC LLC AND ARE OPERATING UNDER A SEPARATE, EXECUTED WRITTEN WHOLESALE OR DISTRIBUTION AGREEMENT. AUTHORIZED RESELLERS ARE INDEPENDENTLY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL FOOD SAFETY, STORAGE, LABELING, AND RESALE LAWS.

MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE) EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR PRODUCTS THAT ARE RESOLD, REPACKAGED, RELABELLED, ALTERED, IMPROPERLY STORED, OR MISHANDLED BY UNAUTHORIZED THIRD PARTIES. BY PURCHASING, YOU AGREE TO INDEMNIFY MLC LLC AGAINST ANY CLAIMS ARISING FROM UNAUTHORIZED RESALE OR DISTRIBUTION.

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11. STATUTE OF LIMITATIONS; TIME TO BRING CLAIMS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM, LEGAL ACTION, OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, YOUR PURCHASE, OR THE CONSUMPTION OF PRODUCTS SOLD BY MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. IF A CLAIM IS NOT FILED WITHIN THIS ONE-YEAR PERIOD, IT IS PERMANENTLY BARRED, AND YOU IRREVOCABLY WAIVE THE RIGHT TO BRING SUCH A CLAIM AGAINST MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE). This limitation applies regardless of the legal theory (contract, tort, or otherwise) upon which the claim is based.

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12. MODIFICATION, TERMINATION, AND ENTIRE AGREEMENT

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• MODIFICATION: MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE) RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY, ALTER, OR UPDATE THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT PRIOR INDIVIDUAL NOTICE. Your continued use of the website, placement of an order, or consumption of our products following the posting of updated terms constitutes your IRREVOCABLE ACCEPTANCE of the modified terms. It is your sole responsibility to review these terms periodically for any changes.

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• TERMINATION: We reserve the right to terminate your access to the website or cancel pending orders immediately, without notice, if in our sole judgment you fail to comply with any provision of these Terms.

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• ENTIRE AGREEMENT: THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND MLC LLC (DOING BUSINESS AS MALIYAH’S SIGNATURE), SUPERSEDING ANY PRIOR OR CONTEMPORANEOUS AGREEMENTS, COMMUNICATIONS, AND PROPOSALS (WHETHER ORAL OR WRITTEN) BETWEEN YOU AND US.

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• GOVERNING LAW & VENUE: THESE TERMS ARE GOVERNED BY THE LAWS OF NORTH CAROLINA. ANY DISPUTE SHALL BE RESOLVED EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN ROBESON COUNTY, NORTH CAROLINA.