Last updated: March 17, 2017
1.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Makermanufacturer.com, or (b) you are not permitted to receive any Services under the laws of the country / region in which you are resident or from which you use the Services.
1.3 You acknowledge and agree that Makermanufacturer.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.
1.4 If Makermanufacturer.com has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.
1.5 You may be required to enter into a separate agreement, whether online or offline, with Makermanufacturer.com for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
1.6 The Terms may not otherwise be modified except in writing by an authorized officer of Makermanufacturer.com.
2.1 The Makermanufacturer.com contracting entity that you are contracting with is Maker Manufacturer LLC, a New Mexico Limited Liability Company.
2.2 You must register as a member on the Site in order to access and use some Services. Further, Makermanufacturer.com reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that Makermanufacturer.com may impose in our discretion.
2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. Makermanufacturer.com may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
2.4 Makermanufacturer.com may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
2.5 Some Services may be provided by Makermanufacturer.com’s affiliates on behalf of Makermanufacturer.com.
3.1 As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
3.2 You retain all your intellectual property rights in your User Content. "User Content" means any and all information and content that a User submits to the Site. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. MM is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
3.3 When you upload certain User Content to the Site, you will be asked to select a secondary copyright license, which is additional to the license you grant to MM and its affiliates and partners under these Terms. This secondary license will govern how other sites, services, and users may use your User Content, and you will be solely responsible for your selection and for complying with and enforcing the terms of the secondary license you select. You may designate this secondary license to be one of the Creative Commons Licenses or any other license based on MM’s discretion. You agree that MM may make your User Content available to other Users, subject to the terms of the secondary license you select; if you select the "All Rights Reserved" copyright license, you agree that it means MM may display your User Content for public viewing on the Site and other sites, services and users must contact you to obtain additional rights, as necessary; if you select the “Private, Not For Public Viewing” option, you understand that MM will not make your submission viewable to the general public. While MM will advise other users, sites, or services of the secondary license you select and request that the terms of such license be observed, you acknowledge that it is not MM’s responsibility to enforce this secondary license and MM cannot guarantee that your secondary license will in fact be observed by other sites, services, or users.
3.4 You agree to use the Site or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Site (the “Site Content”) unless specifically allowed under section 3.3 above, and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Makermanufacturer.com, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Makermanufacturer.com is prohibited. Use of any content or materials on the Site for any purpose not expressly permitted in the Terms is prohibited.
3.6 Makermanufacturer.com may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' website. You are cautioned to read such website' terms and conditions and/or privacy policies before using the site. You acknowledge that Makermanufacturer.com has no control over such third parties' website, does not monitor such website, and shall not be responsible or liable to anyone for such website, or any content, products or services made available on such website.
3.7 You agree not to undertake any action to undermine the integrity of the computer systems or networks of Makermanufacturer.com and/or any other User nor to gain unauthorized access to such computer systems or networks.
3.8 You agree not to undertake any action which may undermine the integrity of Makermanufacturer.com’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
3.9 By posting or displaying any information, content or material (“User Content”) on the Site or providing any User Content to Makermanufacturer.com or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Makermanufacturer.com to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Site, the provision of any Services and/or the business of the User. You confirm and warrant to Makermanufacturer.com that you have all the rights, power and authority necessary to grant the above license.
4.1 Users must be registered on the Site to access or use some Services (a registered User, with a subscription or pay account, is also referred to as a “Member” below). Except with Makermanufacturer.com ’s approval, one User may only register one member account on the Site. Makermanufacturer.com may cancel or terminate a User’s member account if Makermanufacturer.com has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, Makermanufacturer.com may reject User’s application for registration for any reason.
4.2 Upon registration on the Site, Makermanufacturer.com shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.
4.3 A Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify Makermanufacturer.com immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
4.4 Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to Makermanufacturer.com or other Users of the Site. Member shall indemnify Makermanufacturer.com, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, Makermanufacturer.com shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.
5.1 Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) you use the Site and Services for business purposes only; and (c) the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
5.2 Members will be required to provide information or material about your entity, business or products/services as part of the registration process on the Site or your use of any Service or the member account. Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
5.4 Each User and Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights and (d) you and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organization or jurisdiction.
5.5 Each User or Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
5.6 Each User and Member further represents, warrants and agrees that you shall/are:
5.7 Users and Members may not use the Services and member account to engage in activities which are identical or similar to Makermanufacturer.com’s e-commerce marketplace business.
5.8 If Member provides a business referee, Member represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from your business partners and associates to (a) act as your business referee; (b) post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate and third parties may contact the business referees without the need to obtain your consent.
5.9 Users and Members agree to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Makermanufacturer.com’s provision of the Services, evaluating whether User or Member has breached the Terms and/or handling any complaint against the User or Member. If User or Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Makermanufacturer.com shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
5.10 Users and Members acknowledge and agree that Makermanufacturer.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. Makermanufacturer.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any User or Member. Each User or Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
5.11 Member acknowledges and agrees that the Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.
5.12 Users and Members acknowledge and agree that each User and Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.
6.1 Makermanufacturer.com reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject Makermanufacturer.com or our affiliates to liability, or is otherwise found inappropriate in Makermanufacturer.com’s opinion.
6.2 If any User or Member breaches any Terms, or if Makermanufacturer.com has reasonable grounds to believe that a User or Member is in breach of any Terms, Makermanufacturer.com shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the User or Member’s account and any and all accounts determined to be related to such account by Makermanufacturer.com in its discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the User or Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the User or Member may post or display; (iv) imposing other restrictions on the User or Member’s use of any features or functions of any Service as Makermanufacturer.com may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as Makermanufacturer.com may deem necessary or appropriate in its sole discretion.
6.3 Without limiting the generality of the provisions of the Terms, a User or Member would be considered as being in breach of the Terms in any of the following circumstances:
6.4 Makermanufacturer.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Makermanufacturer.com may disclose the User or Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. Makermanufacturer.com shall not be liable for damages or results arising from such disclosure, and Users and Members agree not to bring any action or claim against Makermanufacturer.com for such disclosure.
6.5 If a User or Member is in breach of the Terms, Makermanufacturer.com also reserves the right to publish the records of such breach on the Site. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, Makermanufacturer.com also reserves the right to disclose the records of such breach to our affiliates without limitation. Such Makermanufacturer.com affiliates may impose limitation on, suspend or terminate the User or Member’s use of all or part of the services provided by such affiliates to the User or Member, take other remedial actions, and publish the records about the User or Member’s breach of the Terms on the website operated by or controlled by such Makermanufacturer.com affiliates.
6.6 Makermanufacturer.com may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the User’s or Member’s use of any Service or the Site without being liable to the User or Member if Makermanufacturer.com has received notice that the User or Member is in breach of any agreement or undertaking with any affiliate of Makermanufacturer.com and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Makermanufacturer.com shall have the right to publish the records of such breach on the Site. Makermanufacturer.com shall not be required to investigate such breach or request confirmation from the User or Member.
6.7 Each User and Member agrees to indemnify Makermanufacturer.com, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site or Services, or from your breach of the Terms.
6.8 Each User and Member further agrees that Makermanufacturer.com is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User or Member. Makermanufacturer.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by a User or Member, in which event the User or Member shall cooperate with Makermanufacturer.com in asserting any available defenses.
7.1 Through the Site, Makermanufacturer.com provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. Makermanufacturer.com additionally provides electronic web-based transaction platforms for Users and Members to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Site subject to the terms of the Company Transaction Services Agreement. However, for any Services, Makermanufacturer.com does not represent either the seller or the buyer in specific transactions. Makermanufacturer.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
7.2 Users and Members are hereby made aware that there may be risks of dealing with people acting under false pretenses. Makermanufacturer.com uses several techniques to verify the accuracy of certain information our Users and Members provide us when they register on the Site. However, because user verification is not a perfect process, Makermanufacturer.com cannot and does not guarantee each User or Member's purported identity. We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
7.3 Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Site or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that User or Member may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks". Each User and Member agrees that Makermanufacturer.com shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
7.4 Users and Members are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
7.5 Users and Members agree to provide all information and materials as may be reasonably required by Makermanufacturer.com in connection with your transactions conducted on, through or as a result of use of the Site or Services. Makermanufacturer.com has the right to suspend or terminate any User or Member’s account if the User or Member fails to provide the required information and materials
7.6 In the event that any User or Member has a dispute with any party to a transaction, such User or Member agrees to release and indemnify Makermanufacturer.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY MAKERMANUFACTURER.COM ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND MAKERMANUFACTURER.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAKERMANUFACTURER.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE; MAKERMANUFACTURER.COM DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND MAKERMANUFACTURER.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.
8.3 Any material downloaded or otherwise obtained through the Site is done at each User or Member’s sole discretion and risk and each User or Member is solely responsible for any damage to Makermanufacturer.com’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User or Member from Makermanufacturer.com or through or from the Site shall create any warranty not expressly stated herein.
8.4 The Site may make available to Users or Members services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Makermanufacturer.com and our affiliates be held liable for any such services or products.
8.5 Each User and Member hereby agrees to indemnify and hold Makermanufacturer.com, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site or Services (including but not limited to the display of such User's information on the Site) or from your breach of any of the terms and conditions of the Terms. Each User and Member hereby further agrees to indemnify and hold Makermanufacturer.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Makermanufacturer.com, including but not limited to those set forth in Section 5.
8.6 Each User and Member hereby further agrees to indemnify and hold Makermanufacturer.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User and Member hereby further agrees that Makermanufacturer.com is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User or Member. Makermanufacturer.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Makermanufacturer.com in asserting any available defenses.
8.7 Makermanufacturer.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.
8.8 Notwithstanding any of the foregoing provisions, the aggregate liability of Makermanufacturer.com, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User or Member for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User or Member has paid to Makermanufacturer.com or our affiliates during the calendar year and (b) the maximum amount permitted under the applicable law. The preceding sentence shall not preclude the requirement by the User or Member to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Term of Use.
8.9 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Makermanufacturer.com has been advised of or should have been aware of the possibility of any such losses arising.
9.1 Under no circumstances shall Makermanufacturer.com be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
10.1 Makermanufacturer.com is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Site Content shall remain with Makermanufacturer.com, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by Makermanufacturer.com are hereby reserved.
10.2 "MAKERMANUFACTURER.COM” and related icons and logos are registered trademarks or trademarks or service marks of Maker Manufacturer LLC, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
10.3 Makermanufacturer.com may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties
11.1 All legal notices or demands to or upon Makermanufacturer.com shall be made in writing and sent to Makermanufacturer.com personally, by courier, or certified mail. The notices shall be effective when they are received by Makermanufacturer.com in any of the above-mentioned manner.
11.2 All legal notices or demands to or upon a User or Member shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User or Member to Makermanufacturer.com, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User or Member shall be deemed to be received by such User or Member if and when:
11.3 You agree that all agreements, notices, demands, disclosures and other communications that Makermanufacturer.com sends to you electronically satisfy the legal requirement that such communication should be in writing.
12.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Makermanufacturer.com with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
12.2 Makermanufacturer.com and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
12.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
12.5 Makermanufacturer.com’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Makermanufacturer.com’s right to act with respect to subsequent or similar breaches.
12.6 Makermanufacturer.com shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Makermanufacturer.com). You may not assign, in whole or part, the Terms to any person or entity.
12.7 The Terms shall be governed by the laws of State of New Mexico.