Web Site Agreement
The Makena Werks, Int'l
Web Site (the "Site") is an online information service
provided by Makena Werks, Int'l ("Makena Werks, Int'l"),
subject to your compliance with the terms and conditions set
forth below. PLEASE READ THIS DOCUMENT VERY CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE,
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SITE. Makena Werks, Int'l
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU HAVE AGREED TO REVIEW THIS AGREEMENT PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR
USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
Copyright, Licenses and Idea
Submissions. The entire contents of the Site are protected by
international trademark and copyright laws. The owner of the
copyrights and trademarks are Makena Werks, Int'l, its affiliates or other third party licensers.
YOU MAY NOT COPY, MODIFY, UPLOAD, REPRODUCE, REPUBLISH, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL THAT IS
ON THIS SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different
areas of the Site solely for your own non-commercial use provided
that you agree not to change or delete any copyright or proprietary
notices from the materials. You agree to grant Makena Werks,
Int'l a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products
and services) you submit to any public areas of the Site (such
as bulletin boards, forums and news groups) or by e-mail to Makena
Werks, Int'l by all means and in any media now known or hereafter
developed. You also grant to Makena Werks, Int'l the right
to use your first name, in in connection with the submitted materials
and other information as well as in
connection with all advertising, marketing and promotional material
related there to. You agree that you shall have no recourse against
Makena Werks, Int'l for any alleged or actual infringement or
misappropriation of any proprietary right in your communications
to Makena Werks, Int'l.
All materials on this site are provided only for noncommercial,
personal use. Examples of permissible use include:
Downloading a copy to your local
Printing a copy for yourself
Posting a copy on your church bulletin board
Giving a copy to a friend
However, all such use is contingent
on your not removing any copyright, trademark or other proprietary
notices from the materials downloaded. And never, ever, charge
for (even cost reimbursement) or make money off of any of the
materials downloaded. You may NOT make an electronic copy of
our material and post it at your web site or BBS, without specific
written permission. Instead, link to the material at our site.
If you have a question about the use you are intending for the
downloaded materials, please contact us.
Makena Werks, Int'l, and/or any other names of Makena
Werks, Int'l or its publications, products, content or services
referenced on the Site are the exclusive trademarks or service
marks of Makena Werks, Int'l. Other product and company
names mentioned in the Site may be the trademarks of their respective
owners and companies.
Use of the Site.
You understand that, except for
information, products or services clearly identified as being
supplied by Makena Werks, Int'l, Makena Werks, Int'l
does not operate, control or endorse any information, products
or services on the Internet in any way. Except for Makena
Werks, Int'l identified information, products or services,
all information, products and services offered through the Site
or on the Internet generally are offered by third parties that
are not affiliated with Makena Werks, Int'l. You also
understand that Makena Werks, Int'l cannot and does not
guarantee or warrant that files available for downloading through
the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external
to the Site for the reconstruction of any lost data.
Any rights not expressly
granted herein are reserved.
(For United States Only)
Information regarding Makena
Werks, Int'l, privacy practices: This document describes
policy regarding information we receive about you during your
visits to our web site. The type and the amount of information
we receive depends on how you use and visit our site.
Normal Web Site Usage:
You can visit Makena Werks, Int'l, web site to read product
information, company information without telling us who you are
and without revealing any of your personal information. The only
information we store and collect during your normal web site
usage is the name of your Internet service provider, the web
site that referred you to us, the pages you accessed and the
time and date of those requests. We use this information to only
generate statistics and measure site activity to improve the
usefulness of your visits. During normal web site usage we do
not collect or store any of your personal identifiable information
such as name, mailing address, email address, phone number, social
security number, credit card information, etc.
Collection of Personally Identifiable
There are instances where Makena Werks, Int'l, will request
personally identifiable information to provide you the web site
visitor a service or correspondence (promotions, catalogs and
mailed brochures). This information, such as your name, mailing
address, email address, type of request and possible additional
information, is collected and stored in a manner appropriate
to the nature of the data by Makena Werks, Int'l , and
is used to fulfill your request. If you tell us that the information
should not be used for any other further contact, we will respect
your request. The information you provide is used by Makena
Werks, Int'l, to improve the services we provide you. It
is never provided or sold to any other company for use.
Makena Werks, Int'l , Internet Services: To use Makena
Werks, Int'l , Internet Services, such as shopping cart,
literature requests, etc., we require a certain amount of your
personal identifying information (some examples are: name, social
security number, account number, zip code, personal identification
number, business name, tax identification, etc.) that is use
to verify you as a Makena Werks, Int'l , Customer (or
to meet with your request). We use this information to identify
you in our database. We do request electronic mail addresses
(email) as an alternate means of contacting you. Providing your
email address is optional, but essential in confirming orders,
Electronic Mail Sent to Us That
Contains Personal Information: You (Internet user) may decide
to send Makena Werks, Int'l , personal identifying information,
for example, a message containing information about you. Makena
Werks, Int'l , will only use this information to identify
the you (Internet user) as a current Makena Werks, Int'l ,
customer and to determine how to respond to the email. We will
not use this information other than to resolve the matter identified
in the email.
We do reserve the right to change
only apply to data collected subsequent to its effective date.
Any revisions will be posted at least 15 days prior to its effective
Medical Disclaimer Policy
Due to a ruling by the American
Medical Association, I/we are unable to advise you of any medical
status by mail, e-mail or telephone because treatment or advice
to you without a very thorough personal evaluation would be unlawful.
I/we would like to advise
you to seek the attention of your personal physician in your
local area or call my office at 949-443-4313 to book a complementary
Makena Werks, Int'l
YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Makena
Werks, Int'l PROVIDES THE SITE AND RELATED INFORMATION "AS
IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NON INFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)
WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
Makena Werks, Int'l SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY. Makena Werks, Int'l DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL Makena Werks,
Int'l BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR
INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE
SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF Makena Werks, Int'l OR
ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, Makena Werks, Int'l LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
Makena Werks, Int'l makes no representations whatsoever
about any other web site which you may access through this one
or which may link to this Site. When you access a non-Makena
Werks, Int'l web site, please understand that it is independent
from Makena Werks, Int'l , and that Makena Werks, Int'l has no
control over the content on that web site. In addition, a link
to a Makena Werks, Int'l web site does not mean that Makena
Werks, Int'l endorses or accepts any responsibility for the
content, or the use, of such web site.
You agree to indemnify, defend
and hold harmless Makena Werks, Int'l , its owners, partner,
officers, directors, employees, agents, licensers, suppliers
and any third party information providers to the service from
and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by you or
any other person accessing the Service.
Third Party Rights.
The provisions of paragraphs
2 (Use of the Service), and 3 (Indemnification) are for the benefit
of Makena Werks, Int'l and owners, partners, its officers,
directors, employees, agents, licensers, suppliers, and any third
party information providers to the Service. Each of these individuals
or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
Term & Termination.
This Agreement may be terminated
by either party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions),
2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights)
and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed
and construed in accordance with the laws of the State of California
applicable to agreements made and to be performed in California.
You agree that any legal action or proceeding between Makena
Werks, Int'l and you for any purpose concerning this Agreement
or the parties' obligations hereunder shall be brought exclusively
in a federal or state court of competent jurisdiction sitting
in California. Any cause of action or claim you may have with
respect to the Service must be commenced within one (1) year
after the claim or cause of action arises or such claim or cause
of action is barred. Makena Werks, Int'l 's failure to insist
upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice
shall act to modify any provision of this Agreement. Makena
Werks, Int'l may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Any rights not expressly granted
herein are reserved.