Terms and Conditions – MakersKit

Terms and Conditions

Terms and Conditions

THESE TERMS OF SERVICE (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, “MEMBER”, or “CUSTOMER”) AND MakersKit, Inc (“MakersKit” or “Company”)

MakersKit is the operator of the www.makerskit.com site (the “Site”).

By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms. If you do not agree to these Terms, you should not use or access this Site. MakersKit reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. By agreeing to these Terms it also constitutes your agreement to the MakersKit Privacy Policy (the “Privacy Policy”), which are incorporated herein [link to privacy policy].

We grant you a personal, limited, non-transferable, non-exclusive license to access and use of the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

1. Use of Website

We give you permission to access and use the Site for your personal use, and to copy, distribute, and transmit the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use. No mechanized or other systematic process for harvesting information from this Site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized in writing. You further agree not to change or delete any proprietary notices from materials downloaded from this Site. You may print a copy of the information displayed on this Site for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained by your use of this Site. This restriction means, among other things, that you may not mirror on your own website any portion of this Site or display through your own website any results pages or other information from this Site without express written permission. For the avoidance of doubt, you acknowledge and agree that your access to and use of the Site does not give you any right to use the name, likeness, image, signature, biographical information or any other rights of publicity or intellectual property of our celebrity spokespersons found on the Site.

We reserve the right to change any information, features and functions of the Site without prior notice. We may deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party.

2. Registration and Membership

In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.( Link to privacy Policy)

You may receive emails regarding your account or promotions for special offers, including third party offers. You can cancel your membership anytime without charge by contacting Customer Support. Please refer to the Help Center for further details.

3. Site not for Minors

By using the site either as registered or unregistered, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify, release and hold harmless MakersKit if your child breaches or disaffirms any term or condition of this Agreement.

4. Discount Codes

Except as may be explicitly permitted through this site, you agree not to sell, license, rent, lease, modify, distribute, copy, reproduce, publicly display, publish, transfer, edit, catalogue, aggregate, or create derivative works from discount codes received on or from this site.

5. Billing and Payment

MakersKit accepts credit card and PayPal payment. You agree to pay all fees charged to your account based on MakersKit fees, charges, and billing terms in effect as shown on the payment page. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Subscriptions based on the address that you provide as the shipping address when you register for as a member, and you authorize MakersKit or the third party payment processing service provider that we engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card or Paypal in advance prior to shipping the Products. If you do not pay on time or if your credit card cannot be charged for any reason, MakersKit reserves the right to either suspend or terminate your account and terminate these Terms of Service. All sales and payments will be in US Dollars.

MakersKit and MakersKit’s third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to MakersKit and MakersKit's third party payment service provider at the election of your credit card issuer. Neither MakersKit nor MakersKit’s third party payment service provider are responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service

6. Returns

If you are dissatisfied with the Product for any reason, MakersKit will refund the amount paid for your purchase. Refund requests must be made directly to MakesKit at help@makerskit.com. All refund requests must be made within thirty (30) days of the date of shipment by MakersKit. MakersKit is not liable for Products that are damaged or lost in transit to MakersKit. Promptly following MakersKit’s receipt of your request (typically within five (5) business days), MakersKit will credit the amount paid for the returned Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the credit card you used to make the original purchase. Notwithstanding the foregoing, MakersKit does not control when a specific credit card company processes a chargeback transaction. You are responsible for contacting your credit card company if you have questions about the status of the chargeback.

MakersKit will not provide a refund for a request that is received by MakersKit more than thirty (30) days after the date of original shipment. MakersKit also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.

7. Subscription Contract

BY PURCHASING ANY SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION. YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS, AT THE THEN-CURRENT SUBSCRIPTION RATE.

7.1 Monthly Subscriptions

ALL SUBSCRIPTIONS THAT ARE STARTED AFTER THE 5TH OF ANY GIVEN MONTH WILL RECEIVE THEIR FIRST SUBSCRIPTION THE FOLLOWING MONTH AND WILL AUTOMATICALLY HAVE THEIR RENEWAL DATE MOVED TO THE 5TH OF THE FOLLOWING SUBSCRIPTION MONTH.

7.2 Quarterly Subscriptions

ALL SUBSCRIPTIONS THAT ARE STARTED AFTER THE 5TH OF A SHIPPING MONTH FOR A QUARTERLY SUBSCRIPTION WILL RECEIVE THE FOLLOWING QUARTERLY SHIPMENT AND WILL AUTOMATICALLY HAVE THEIR RENEWAL DATE MOVED TO THE 5TH OF THE FOLLOWING QUARTERLY SUBSCRIPTION SHIPPING MONTH.

7.3 Subscription Cancellation

TO CANCEL YOUR SUBSCRIPTION AT ANY TIME, YOU MUST DO ONE OF THE FOLLOWING AT LEAST 30 DAYS  PRIOR TO YOUR NEXT SCHEDULED RENEWAL DATE TO AVOID CHARGE: UPDATE YOUR USER ACCOUNT AT MAKERSKIT.COM, EMAIL SUPPORT AT HELP@MAKERSKIT.COM, OR MAIL US AT MAKERSKIT, 4110 SE HAWTHORNE BLVD., #405, PORTLAND, OR 97214

IF YOU CANCEL, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM. MAKERSKIT MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD WITHIN THE 30 DAY NOTICE REQUIREMENT.

IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. WE RESERVE THE RIGHT TO REVOKE YOUR SUBSCRIPTION AT ANY TIME. RETURNS WITH THE REQUEST OF A REFUND WILL BE REFUNDED THE PAID FOR SUBSCRIPTION COST MINUS THE SHIPPING AND IS AT THE DISCRETION OF CUSTOMER SUPPORT. MEMBERSHIP IS VOID WHERE PROHIBITED BY LAW.

8. Indemnification

You agree to indemnify, hold harmless, and defend MakersKit, its subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party.

NJ Residents: the Indemnification section of these Terms is inapplicable to you.

9. Product Information: Limitation and Quantities

We strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by customers and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.

10. Risk of Loss

Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier. All missing or damaged shipments or items must be reported within 30 days of shipping to qualify for a replacement or refund based on product availability. If the product is available, a replacement will be shipped and a refund will not be issued or considered. Damaged items must be reported and include a photo in the ticket submission. Damaged items will be reviewed by the support agent and a replacement will be issued only for damaged products and does not cover or include packaging of said item. Blemishes to packaging will not be considered as part of a damaged item. All refunds will be at the discretion of customer support. For more information reach out to help@makerskit.com

11. Proprietary Rights

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of MakersKit or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. The MakersKit logo is a registered trademark.  All other trademarks are the property of their respective owners. All of our Site's content is Copyrighted by MakersKit, Inc. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by MakersKit.

12. User Generated Material

By sharing, submitting and uploading any of your data including but not limited to photographs, images, video, music, art, or comments, you grant MakersKit a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of MakersKit. You acknowledge and agree that you are solely responsible for all the user data that you make available through MakersKit. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant MakersKit the required rights to disseminate any user data, (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or MakersKit use of your uploaded data (or any portion thereof) on, through or by the means of MakersKit will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.

13. Warranty Disclaimer

You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, MAKERSKIT DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MakersKit makes no warranties of any kind regarding any non-MakersKit sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and MakersKit makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-MakersKit sites. MakersKit does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site

NJ Residents: the Warranty Disclaimer section of these Terms is inapplicable to you.

14. Taxes

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states and other territories where the goods sold over the internet are taxable.

15. International Use

We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

16. Privacy

Registration data and certain other information about you are subject to our Privacy Policy, which can be found { here }.

You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Third-Party Links: In an attempt to provide increased value to our visitors, MakersKit may link to sites operated by third parties. However, MakersKit has no control over these linked sites, all of which have separate privacy and data collection practices, independent of MakersKit. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless , MakersKit seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).

17. MakersKit Refer-a-Friend Program

As a Refer-a-Friend member (a "Referrer"), you are subject to MakersKit Terms of Service and MakersKit Privacy Policy (both available on our website), as well as the following additional Terms & Conditions for MakersKit Refer-a-Friend program:

17.1 Qualified Referral

A Qualified Referral is defined as a purchase made at www.makerskit.com  by a person (a "Referred Customer") who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.

17.2 Referred Customer

The Referred Customer and the Referrer cannot be the same person. The Referred Customer must have a different email address, along with different billing and shipping information from the Referrer.

17.3 Referral Rewards

For you to earn referral rewards as a Referrer, the Referred Customer must complete an order.

17.4 Reward Payments

Rewards are payable in increments of $10 makerskit.com gift cards unless explicitly noted. There is no maximum Qualified Referrals that can be earned per calendar. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.

17.5 Eligibility

Eligibility is limited to individuals only. MakersKit Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in MakersKit sole discretion.

17.6 No Spam

You must comply with all up-to-date "SPAM" laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from MakersKit Refer-a-Friend program.

17.7 Value of Credit

Credits have absolutely no monetary value and may not, under any circumstances, be redeemed for cash or any cash equivalent including but not limited to gift cards, certificates, or refunds. Company may cancel, amend or revoke the Credit at any time for any reason.

17.8 Transfer of Credits

Credits are personal to the Member and are not transferable and may not be auctioned, traded, bartered or sold, whether by operation of law or otherwise. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Member’s account for any reason, any unredeemed Credits (including without limitation any unapplied credits) accumulated by the Member are forfeited.

17.9 Right to Close Accounts

MakersKit reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the MakersKit Refer-a-Friend program in a questionable manner or breaches any of these Terms of Service or is in violation of any law, statute or governmental regulation.

17.10 Right to Cancel Program or Change Terms

MakersKit reserves the right to cancel the Refer-a-Friend Program or to change these Terms of Service at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.

18. Copyright Infringement and Take Down Procedures

MakersKit specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. MakersKit will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address:

MakersKit, Inc 7600 Melrose Ave Ste. H Los Angeles, CA 90046 Telephone: (310) 873.3576

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

  • Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms

19. Governing Law

The laws of the State of California shall govern these Terms without regard to conflict of laws provisions.

20. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.

Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with MakersKit and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

  1. Informal Resolution. Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at help@makerskit.com or MakersKit 7600 Melrose Ave STE. E Los Angeles, CA 90046. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 20 govern dispute resolution between us.
  2. Applicability of Arbitration Agreement. All claims and disputes in connection with the Agreement or the use of any product or service provided by MakersKit that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and MakersKit, and to any of our licensors, suppliers, dealers or third party vendors, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
  3. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case hearing will be held in the capital of your country), and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  4. Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and MakersKit, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and MakersKit.
  5. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and MakersKit in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MakersKit WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
  6. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Los Angeles County, California.
  7. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: MakersKit, Attn: Legal Department 7600 Melrose Ave Ste. E Los Angeles, CA 90046 within 30 days of purchasing products or subscription. If you send this notice, then the Arbitration Agreement will not apply to either party and you must litigate pursuant to subparagraph xii below. If you do not send this notice, then you agree to be bound by this Arbitration Agreement.
  8. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
  9. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with MakersKit.
  10. Modification. Notwithstanding any provision in these terms to the contrary, we agree that if MakersKit makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to the MakersKit.
  11. Small Claims Court. Notwithstanding the foregoing, either you or MakersKit may bring an individual action in small claims court.
  12. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for such purpose.

21. General Terms

MakersKit may issue a warning, temporarily suspend, indefinitely suspend or terminate any Customer’s right to use or access all or any part of the Site including any account thereon, without notice, for any reason in MakersKit’s sole discretion, including without limitation breach of this Agreement and/or violation of the Terms of Service, MakersKit’s belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to MakersKit or another user of the Site. This Agreement and the Privacy Policy constitute the entire agreement between you and MakersKit regarding its subject matter. MakersKit will not be responsible for failures to fulfill any of its obligations due to causes beyond its control. The failure of MakersKit to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The parties shall at all times and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. The parties acknowledge and agree that this Agreement and all related documents that may be drawn up are only valid in the English language. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified MakersKit Party shall be a third party beneficiary hereunder. MakersKit may assign or transfer its rights, or delegate any performance, under this Agreement to a third party in its sole discretion. Customer may not assign or otherwise transfer its rights, or delegate its performance, under this Agreement to any third party without in each and every case, MakersKit’s express prior written consent. All terms which by their nature are intended to survive any termination of this Agreement, or any termination of your use of the Site, Content, Products or Subscriptions shall survive such termination.


Contact Us:

If you have any questions regarding our privacy practices, you can email us at help@makerskit.com.

Last Updated: November 25th, 2016










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