These Terms and Conditions constitute a binding agreement (“Agreement”) between you and Makiane International Corporation (“Makiane”). Your access, browsing, review, and use of this website (“Site”) acknowledge that you have read, understood, and agree to be bound by this Agreement and to comply with all applicable laws. If you do not agree to these terms, do not use this Site. This Site may contain other proprietary notices and copyright information that must be observed and followed. Information on this Site may contain technical inaccuracies or typographical errors.

Please read this Agreement carefully and be aware that Makiane, in its sole discretion and without prior notice, reserves the right to change, modify, add or delete portions of this Agreement. It is your responsibility to review this Agreement periodically to learn about any updated changes. Use of this Site means an irrevocable waiver of any claim that you did not read, understand, or agree to the terms of this Agreement.

Copyright
All copyrighted information contained in this Site is the property of Makiane and/or owned by third parties. Except as stated herein, none of the information may be copied, reproduced, distributed, downloaded, disseminated, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Makiane or the copyright owners.

Makiane grants you a non-exclusive, non-transferable license to access and download, display and print one copy of the materials on this Site on a single computer solely for your personal or internal business use, provided that you do not modify the materials in any way and that you retain all copyright and other proprietary notices displayed on the Site content. This permission terminates immediately and automatically if you breach this Agreement. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the materials without Makiane’s prior written consent. Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or intellectual property laws. All content and functionality on this Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Makiane or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved. Your use of this Site constitutes your honoring these copyrights and other intellectual property rights reflected on the Site.

Trademarks
Unless otherwise noted, all trademarks, service marks and logos (“Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Makiane. Other trademarks, service marks and trade names may be owned by third parties. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use this Site or any other Makiane intellectual property displayed on this Site. Makiane aggressively enforces its intellectual property rights to the fullest extent of the law. The name Makiane or any other Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written authorization from Makiane. Makiane also prohibits use of its name or any other Trademark as part of a link to or from any site unless a written approval has been obtained in advance from Makiane. We reserve the right to withdraw permission for any link at any time.

User Information
You acknowledge and agree that Makiane shall own and have unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on this Site (“Submissions”). You hereby waive any and all claims against Makiane for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with Makiane’s use and publication of such Submissions. This means that anything submitted by you to this Site will be owned by Makiane and may be used by Makiane for any purpose, now or in the future, without any payment to, or further authorization by, you. In the event Makiane’s ownership of such Submissions is successfully contested, you automatically grant Makiane a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. For additional information, see the Company’s Privacy Policy.

Makiane does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through this Site by any user of this Site, information provider or any other third party. Makiane expressly disclaims any and all liability related to Submissions, and you acknowledge that any reliance upon such Submissions shall be at your own risk.

You may not upload to, or distribute or otherwise publish through the Site, any content that is any of the following:

  • is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, or otherwise objectionable to Makiane in the company’s sole discretion;
  • contains computer viruses, worms, moles or other contaminating or destructive elements;
  • violates the rights of others, such as contents that infringe any copyright, trademark, patent, trade secret or violate any right of privacy or publicity;
  • contains any false or misleading statement;
  • contains advertising; or
  • otherwise violates any applicable criminal or civil law. You may not use the Site for any commercial purpose and may not distribute over the Site any solicitation of funds, goods and services. In addition, you may not use the Site to solicit subscribers to join other online information services that are competitive with the Site.

Makiane’s Rights and Disclaimers
The ideas and information that are posted on this Site do not necessarily reflect Makiane’s views. Makiane reserves the right, which it may or may not exercise, to review, edit, or delete any material that it deems to be inappropriate or in violation of this Agreement. Makiane has the absolute right, in its sole discretion, to deny or to withdraw access to anyone who violates this Agreement. Makiane’s access and use decisions are final and not reviewable. Notwithstanding the above, Makiane expressly disclaims any responsibility or liability for any material communicated by third parties through the Site or for any loss or damage allegedly resulting from use of the Site or from denial or withdrawal of Site access. There may be delays, omissions or inaccuracies in information obtained through your use of this Site. This information is provided to you with the understanding that it does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information on this Site should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, Makiane does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through this Site by Makiane, any user, information provider or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option and risk. In addition, you may not use this Site in any manner to suggest or imply that Makiane promotes or endorses your or any third party’s causes, ideas, political campaigns, political views, websites, products or services.

You may be able to obtain access to other Internet sites through hypertext links appearing on this Site. Makiane makes no representations whatsoever about any other website which you may access through this one. When you access a non-Makiane website, please understand that it is independent from Makiane, and that Makiane has no control over the content on that website, even if Makiane provides information or services to the owner of that website. In addition, a link to a non-Makiane website does not mean that Makiane endorses or accepts any responsibility for the content or the use of such website. In fact, Makiane disclaims any and all liability and responsibility for such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

Disclaimer of Warranties
THE SITE AND ALL MATERIALS ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAWS, MAKIANE MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. MORE SPECIFICALLY, BUT WITHOUT LIMITATION, MAKIANE 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; (3) DEFECTS WILL BE CORRECTED; OR (4) THIS SITE OR THE SERVER BY WHICH YOU GAIN ACCESS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MAKIANE OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, PAST OR PRESENT OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, LICENSORS OR INFORMATION PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, EVEN IF MAKIANE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MAKIANE’S OR ANY OF ITS PREDECESSORS’, SUCCESSORS’, PARENTS’, SUBSIDIARIES’, AFFILIATES’, OFFICERS’, DIRECTORS’, PARTNERS’, INVESTORS’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’, LICENSORS’ OR INFORMATION PROVIDERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.

Indemnification
You hereby agree to indemnify, defend, and hold Makiane and all of its predecessors, successors, parents, subsidiaries, affiliates, past or present officers, directors, partners, employees, agents, representatives, licensors, and information providers (collectively, the “Indemnified Parties”) harmless from and against any and all liability, losses and costs, including, but not limited to, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you made by agreeing to the terms of this Agreement. Makiane reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate as fully as reasonably with Makiane’s defense of such claim.

Jurisdiction
This Agreement, its validity and effect, shall be solely interpreted, and governed by, the laws of the State of Texas, United States, without regard to conflict of laws principles. You expressly consent to the exclusive jurisdiction of the federal courts of the State of Texas. You further agree and expressly consent to the exercise of personal jurisdiction and to venue in the State of Texas in connection with any dispute or claim involving Makiane and to the waiver of any right to a jury trial in connection therewith. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

Site Management
Makiane prohibits the posting of any information that infringes or violates 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 content contained on this Site infringes your copyright, you should notify Makiane of your copyright infringement claim in accordance with the following procedure. Makiane will process notices of alleged infringement which it receives and will take appropriate action and will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. � 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Makiane’s contact for submission of notices under this section is: General Counsel, Titan Plastics Group, e-mail: communications@makiane.com.

To be effective, the notification must be in writing and contain the following information:

  • Identification of the copyrighted work and/or intellectual property right 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 allegedly infringing material on the Site that is requested to be removed 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 allow the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as a name, 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 the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the copyright owner, its agent, or the law;
  • 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;
  • Signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right.

Online Purchases 

The following terms & conditions apply to the purchases made at makiane.com (“Site”). You agree that all of your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.

The risk of loss and title for items purchased by you on this Site pass to you upon our delivery of the items to the carrier pursuant to a shipment contract.

We charge sales tax for merchandise ordered on this Site based on the applicable state sales tax rate of the location to which the order is being shipped.

When We ship to you or per your directions to another person, you agree to pay the shipping and any handling charges shown on this Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs.

Only valid credit cards or other payment method acceptable to us may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.

All returns are governed by the following Return Policy:

  1. Custom made items cannot be returned. They include the following, but not limited to, logos, company names, images, photos, contact information, specific wordings or phrases, etc. .
  2. Items can be returned if they are defective or we sent you the wrong items for replacement or refund.
  3. Items that are returned for no reason will incur a 35% restocking fee. Buyer is responsible for the return shipping.
  4. Buyer MUST contact us to obtain an RMA number prior to arranging any returns. We will not accept any return items without an RMA number. If an item is returned without an RMA number, we may refuse to accept the package(s) from the courier(s) at our sole discretion.
  5. Returned items MUST be in their original packaging, unused in their original conditions with no missing parts.
  6. Buyer MUST make sure the returned items reached our warehouse without any damages or they will not be accepted.
  7. Items must be returned within 3 days after delivery. Invoice(s) must be included with the returned item(s).

Shipping charges will be refunded only if the return is a result of an error by us.

Refunds will be processed within 14 days.

Orders placed before 12:00 noon local time during weekdays are processed on the same day and shipped within 7 business days. Please note that depending on the order size, orders may require longer lead time to get ready to ship and may be shipped using an alternative shipping method which may add a day or more to the delivery time frame.

We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.

All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice.  We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.

Entire Agreement
This Agreement constitutes the entire agreement between you and Makiane with respect to the subject matter hereof and supersedes and replaces all previous agreements, written or oral, with respect to the subject matter.

This Agreement may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default, unless such a waiver is in writing and signed by an authorized representative of Makiane.