Welcome to the Makewise, LLC (“Makewise”) website. We are pleased to provide the content and features on Makewise.com (the “Website”) for your information and communication. The use of this Website is subject to the following non-negotiable terms and conditions (the” Terms”). By accessing and using this Website, (“you” or “your” agree to these Terms. If you are dissatisfied with this Website or any content on the Website, or with these Terms, your sole and exclusive remedy is to discontinue using this Website. By your use of this Website, you acknowledge that your use of this Website is at your own risk. For information on our privacy practices and policies, please see our Privacy Policy.
Website Content and Copyright
All of the content on this Website should be considered copyrighted material, and the Makewise® name and logo are registered trademarks of Makewise, LLC. United States copyright law protects this material from being unlawfully copied, used, reproduced, or transmitted in whole or in part without the written consent of Makewise, LLC, or any third party owners for content that has been used by Makewise, LLC under license. Any unauthorized use of the content (text, images, audio, video) may violate copyright and trademark laws, or civil and criminal statutes. If you wish to use any Website material, please contact Makewise for permission.
Notice of Infringement and Third-Party Intellectual Property Rights
Makewise respects the intellectual property rights of third parties and prohibits the posting of any information that infringes or violates the property rights of any person or entity. If you believe that your intellectual property right is infringed on by any content on this Website, please provide the following information to Makewise, in writing at the address listed below, in conformance with 17 U.S.C , Section 512: (1) a description of the intellectual property right claimed to have been infringed; (2) a description of the allegedly infringing material on the Website that is requested to be removed; (3) your name, address, phone number, and an e-mail address if available; (4) a statement that you have a good faith belief that the use of the intellectual property right is not authorized by the owner, its agent, or the law; (5) a statement made by you ,under the penalty of perjury, that the information in the notification is accurate, and that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed.
Use of Website Content
Makewise hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the content and functionality displayed on the Website (the “Website Content”) on any single computer solely for your internal, non-commercial use, provided that you do not modify the Website Content in any way and that you retain all copyright and other proprietary notices displayed on the Website Content. You may not otherwise reproduce, mirror, modify, distribute, transmit, post, or disclose the Website Content without the prior written consent of Makewise.
Disclaimer of Warranties
The information provided on this Website is for informational purposes only, and does not constitute a professional service relationship. Makewise strives to provide accurate and up to date material on the Website, however no warranties or representations are made as to the accuracy of the material. Makewise, LLC is not responsible for any errors or omissions in the site content; reliance on this information is solely at the risk of the user. Makewise does not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to this Website.
This site contains links to sites maintained by other organizations and therefore Makewise cannot provide any warranties or guarantees concerning the content of these sites. Since the content of these linked sites is under the control of a third party and not Makewise, browsing the contents on these sites is at the risk of the user and done so at their own choice. Makewise does not support, endorse, sponsor or accept any responsibility for these third-party sites.
Limitation of Liability
In no event will Makewise be liable for: (a) damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits Limitation of Liability: business interruption and loss of programs or information) arising out of the use of or inability to use this Website, or any information provided on this Website whether or not Makewise or its authorized representatives have been advised of the possibility of such damages or losses and regardless of the theory of liability, or (b) any claim attributable to errors, omissions or other inaccuracies in the information provided on or through this Website. Some states do not allow the exclusion or limitation of incidental or consequential damages, therefore some of the above exclusions or limitations may not apply to you. In such states, Makewise’s liability is limited to the greatest extent allowed by law.
Indemnification
You agree to indemnify, defend and hold harmless Makewise, its officers, representatives, directors, employees, consultants, agents, suppliers and any third-party information providers from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your use of this Website, your use of any material, information or data downloaded or otherwise obtained from this Website, or your violation of these Terms, including without limitation, your infringement of any intellectual property or other right of Makewise or any other person or entity.
Changes to the Website
Makewise reserves the right to change, update or discontinue any part of this Website and may, at any time, revise the Terms, for any reason. Any changes to the Terms apply as soon as they are posted. By continuing to use this Website subsequent to these changes, the user acknowledges acceptance of the changes.
Governing Law
These Terms are governed by the laws of the United States and the State of Arizona without reference to the principles of conflicts of laws thereof. You consent to the jurisdiction of the courts of the State of Arizona, with venue to be exclusively in Maricopa County, Arizona, unless otherwise specifically agreed to by Makewise, at its sole discretion. If any provision of this Agreement is found to be illegal or unenforceable by a court or arbitrator, then, notwithstanding such finding, this Agreement will remain in full force and effect and such provision will be deemed stricken or modified to the minimum extent necessary to make it enforceable; provided, however, that the intent of the parties when entering into this Agreement is maintained. In the event of any dispute, the prevailing party shall be entitled to the recovery of its reasonable attorneys’ fees and costs.
Makewise Contact Information
Makewise, LLC
3101 N. Central Avenue, Suite 300
Phoenix, AZ 85012
Tel: 602.264.2090
Fax: 602.264.2419
Copyright © 2012 Makewise, LLC. All rights reserved.
