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.

Permissible Use
All materials on this site are provided only for noncommercial, personal use. Examples of permissible use include:

Downloading a copy to your local hard disk
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.

TRADEMARKS.

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.

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 Information:
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, etc.

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 our Privacy Policy at any time. Any revised Privacy Policy will only apply to data collected subsequent to its effective date. Any revisions will be posted at least 15 days prior to its effective date.

 

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 consultation.

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.

Indemnification.

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.

Miscellaneous.

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.