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Website Terms of Use

Welcome to makoshey.com (the “Site”). By using this Site, you agree to be bound by these Terms of Use (“Terms”) as they may be periodically amended and modified from time to time. You should check these Terms for any changes each time you use the Site. Kickinit, LLC (“Kickinit”, “Makoshey”, “we”, “us” and “our”) is the operator of this Site. This Site is made available to you on the precondition that you accept all of the terms and conditions contained herein. Please do not use this Site if you do not agree with and accept these terms. By continuing to use this Site you are accepting and consenting to be governed by these Terms.

SITE CONTENT & USE

The information on this Site is intended for general informational purposes and should not be relied on as the sole basis for making decisions. Makoshey does not guarantee that the information contained on this Site is current, accurate or complete. You rely on the material on this Site at your own risk. The information on this Site does not constitute a binding offer of makoshey to sell products featured on this Site. We reserve the right to change the contents of this Site at any time and for any reason and shall not have any obligation to update any information contained on this Site. No employment, partnership, agency of joint venture relationship exists between makoshey and you as a result of your use of this Site or these Terms.

Although makoshey tries its best to display our products and their colors as accurately as possible, colors of the products which are actually displayed depend upon computer hardware of the user, and makoshey cannot guarantee that such hardware will accurately display the colors of the products. There is also the possibility that products displayed on the Site may be out-of-stock or discontinued, and the prices which are displayed are also subject to change. Makoshey is not responsible for typographical or other errors regarding price or any other matter. 

Prices quoted on this Site are denominated in U.S. dollars and are valid and effective only in the United States. You are prohibited from purchasing any item from this Site with the intent to resell it. Makoshey reserves the right, in its sole discretion, to accept or decline your order, in part or in total, even after your credit card has been charged and you receive confirmation of your order. If your order is cancelled after your credit card has been charged, a credit will be issued to your credit card account.

INTELLECTUAL PROPERTY

Makoshey, its licensors or its content providers are the owners of and have exclusive rights to all of the content on this Site, including, but not limited to, all designs, text, images, logos, media clips and downloads, interfaces, computer code and software (“Content”). All trademarks, service marks, logos and other Content displayed or featured on the Site, including, but not limited to “Makoshey”, the “emoji icon” logo, and the custom designs on our clothing and accessories are the property of Makoshey. In addition, this Site and its contents are protected by copyright laws. Nothing on this Site shall be construed as granting by implication, estoppel or otherwise, any right or license to use a trademark, service mark or logo featured on this Site without the prior written consent of Makoshey. You acknowledge that you shall not construe anything on this Site as granting any license or right to use any trademark, service mark or logo, either explicitly, implicitly, by estoppel or otherwise. Makoshey reserves all rights not expressly granted or relinquished herein in regards to the Site and its Content.

Makoshey is committed to protecting its intellectual property rights as well as the intellectual property rights of others. To report any infringement of your intellectual property rights on this Site, you can contact us at team@makoshey.com. Your email should include: (1) a description of the infringement; (2) detail of the location of the infringing material on the Site; (3) your name, address, telephone number, email address and other reasonable contact information.

You represent that you own or otherwise have the legal right to the material you submit to the Site. You agree to grant Makoshey a non-exclusive, irrevocable and perpetual right to use, modify, reproduce, publish, distribute, display and create derivative works from any material which you submit to the Site. Such right shall include the right to use your name and any personal information you submit.

PROHIBITED USES

Makoshey reserves the right, at its discretion, to refuse or terminate a person’s registration, or deny access to this Site. Makoshey grants you a license to use this Site and such license is revocable by us, and in our sole discretion, at any time and for any reason. You are prohibited from using, modifying, distributing, broadcasting, transferring, transmitting, uploading, licensing, selling, reverse engineering or creating derivative works from any trademarks or Content on this Site. You are also prohibited from using the Site for marketing purposes or to compete with Makoshey.

By using this Site you agree to be held responsible for any material you submit through this Site and to indemnify Makoshey for all claims that result from your submissions. You agree that you shall be held personally liable for all orders placed or charges incurred, prior to your account being terminated. You acknowledge that you may not submit, upload, publish or distribute through this Site any material that could give rise to claims of libel, defamation, fraud, obscenity, or claims of any civil or criminal liability. Further, you agree that anything you submit to Makoshey shall not violate any right of any third party, including privacy, trademark, copyright, or any other intellectual or other personal right. You agree that you will not submit any material that contains a computer virus, spam or any software or computer code designed to damage, interfere with or mine data from the Site.

DISCLAIMERS and LIMITATION of LIABILITY

This site is presented on an “as is” basis and you acknowledge that your use of this site is at your own risk. Makoshey reserves the right to limit or restrict your access to the site in any way and at any time. Makoshey expressly disclaims any and all warranties of any type, whether express or implied, including, but not limited to: (1) implied warranties of fitness for a particular purpose and merchantability; (2) warranties implied from a course of dealing or performance; (3) warranties that the site or the site’s server will be free from viruses; (4) that information on the site will be timely, complete, or accurate; or (5) that the site shall be secure and error free.

By using this site, you agree and acknowledge that you assume full responsibility for all consequences resulting form your use of this site. You agree, acknowledge and accept: (1) that you did not have to pay to use this site; (2) that, to the fullest extent permitted by law, Makoshey, its affiliates, suppliers or T-shirt party content providers will not be liable for any direct or indirect damages, including consequential, special, incidental, punitive, exemplary, or any damages of any kind arising from: (a) loss of data or damage to your computer that results from any materials you download from this site—you download at your own risk; (b) any actions taken by Makoshey or which Makoshey fails to take regarding communications you send to Makoshey; (c) your inability to use this site; (d) any products, services or other information or materials featured on this site, or the removal thereof; (e) or anything arising out of your use of this site or any website you access through this site. Makoshey will not provide, and you should not construe any communication, information or advice obtained through this site, whether oral or written, as creating any warranty of any kind. The disclaimers in these terms are valid only where they are not prohibited by law.

Makoshey makes no warranties of any kind regarding web sites which are not operated by Makoshey to which you may be directed or hyperlinked from this Site. These hyperlinks are included by Makoshey for your convenience, and Makoshey makes no representations or warranties with regard to the material on these sites or the suitability, safety or accuracy of any material on such web sites. Makoshey has no responsibility for products or services offered or provided by any third party.

 PERSONAL INFORMATION

You agree that any personal information that you enter on this Site will be accurate, current and complete. It is your responsibility to notify Makoshey at team@makoshey.com if any information is inaccurate or needs to updated. Your information submitted will be treated according to the Makoshey Privacy Policy.

INDEMNITY

You agree to hold harmless, defend and indemnify Makoshey and any of our affiliates, officers, directors, employees, agents, licensors, contractors, subcontractors, service providers and suppliers against any and all damages, losses, costs, expenses, liabilities, including any all reasonable court costs and attorneys’ fees which result from any violation of these Terms, a technical problem you experience with the Site, or any issues resulting from your use of the Site. Makoshey reserves the exclusive right, at Makoshey’s own expense, to assume control of the defense of any matter for which you would be held responsible for indemnifying Makoshey for any losses incurred. You agree to cooperate with Makoshey in regards to the defense of any such matter. Any claim or cause of action you may have with respect to Makoshey or the Site must be commenced within one (1) year after the claim or cause of action arose. 

APPLICABLE LAW 

This Site is intended to be accessed and used where such access and use is permitted by law. This Site and these Terms are governed by the laws of the State of Illinois. Makoshey does not guaranty that accessing or using this Site complies with the laws of the jurisdiction in which you are located. It is your responsibility to educated yourself as to the laws of your jurisdiction and act accordingly. By using this Site you are irrevocably consenting to the non-exclusive jurisdiction of the state and federal courts located in the State of Illinois for purposes of adjudicating any action relating to these Terms and waive any objection to venue or jurisdiction in such actions. 

GENERAL INFORMATION 

You understand that these Terms and any other policies posted on this Site shall constitute the entire agreement and understanding between you and us regarding the subject matter thereof (the “Agreement”). You understand that the Agreement shall supersede all other, prior or contemporaneous communications between you and us, whether those communications are oral or written. A printed copy of these Terms shall be admissible, under the same conditions and to the same extent as other business documents and records, in a judicial or administrative proceeding that relates to the use of the Site. If any provision of the Agreement is found to be unenforceable, unlawful or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. You are responsible for periodically checking this Site for any changes to these Terms. Makoshey may amend, alter or change these Terms, in our sole discretion, at any time and for any reason, by posting on this Site a revised version of these Terms. If you continue to use this Site after changes to these Terms are posted then you consent to being governed by such changes. Makoshey’s failure to enforce or exercise any provision or right of these Terms shall not be deemed a waiver of such provision or right.

COPYRIGHT INFRINGEMENT POLICY

Makoshey respects the intellectual property rights of others and requests that you do the same. We will respond to notices of claimed copyright infringement that are properly provided to us and that comply with applicable law. If you believe that your work has been copied in a manner that constitutes copyright infringement, you may notify our legal department at:

Makoshey
3501 N. Southport Ave., Suite 109
Chicago, IL 60657
Attn: Legal Department
Email: team@makoshey.com

So that we may properly assist you, the following information is required:

  1. A description of the copyrighted work you claim has been infringed;
  2. Information reasonably sufficient to locate the material in question on the site;
  3. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit Makoshey to contact you;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
  6. A physical or electronic signature of the copyright owner or the person authorized to act on the owner's behalf;

We suggest that you consult your legal advisor before filing a notice with Makoshey’s copyright agent, because there may be penalties for false claims.

UPDATED JUNE, 2021

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