Terms of Use

INTRODUCTION

This Web site is operated by Factoryzoom Inc, dba Maykke. All inquiries may be directed to:

Factoryzoom Inc.
Customer Service
40650 Encyclopedia Center
Fremont, CA

Your use of this Web site is governed by these terms and conditions. Please take a few minutes to review. Your use of the maykke.com Web site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these terms and conditions, do not use the maykke.com Web site.

Maykke reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the maykke.com web site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions each time you use this Web site.

LICENSE

Subject to the terms and conditions of this Agreement, we hereby grant you a non-exclusive, non-transferable, limited license to access and make use of the contents or information available on the Website for your personal use and not to download or modify it, or any portion of it, except with the express written consent of Maykke. You may not reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit for any commercial purpose this Website or any portion of this Website without the express written consent of Maykke. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.

We authorize you to view and download the information and materials available on this Website only for your personal, non-commercial use. This authorization shall not constitute a transfer of title in and to the materials and is subject to the following restrictions: (a) you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials; (b) you may not modify the materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and (c) you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms of use. You may not make any commercial use of any of the information provided on the Site or make any use of the Website for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

You shall not upload to, distribute, or otherwise publish through this Website any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is abusive, libelous, threatening, defamatory, obscene, indecent, profane, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

COPYRIGHT AND TRADEMARKS

This Website and the entire contents contained on this Website, including but not limited to: site design, text, graphics, logos, button icons, images, audio/video media, digital downloads, data compilations, and software, are the sole and exclusive property of Maykke and its affiliates and licensors. All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, create derivative works from, republish, upload, post, transmit, or distribute any portion of the Website or any contents contained on the Website without the prior expressed written consent of Maykke.

ELECTRONIC COMMUNICATIONS

When you visit the Website or send any emails to us, you are communicating with us electronically. By such electronic communication you agree to receive such communications from us electronically. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on the Website, and all records including notices of cancellation, policies, contracts, and applications.

THIRD PARTY LINKS

For your convenience we may provide links to third party websites operated by other entities on the Website. Any other website accessed from the maykke.com is independent from Maykke, and Maykke has no control over the content of that other website. We do not make any warranty or representation regarding, and do not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any third party links do not imply that Maykke sponsors, endorses, is affiliated or associated with any linked third party websites.

ACCOUNT TERMS

By registering with the Website you can access or view the prices, product inventories, and submit purchase orders electronically. You are responsible for using the Website in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time.

ORDER ACCEPTANCE

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance system. We may also require additional verifications or information before accepting any order.

PRODUCT DESCRIPTIONS

Maykke attempts to be as accurate as possible. However, we do not warrant that product images, descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered on maykke.com is not as described or pictured, your sole remedy is to return it in unused condition.

RISK OF LOSS

All items purchased from Maykke are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS

Please review our Return Policy, which provides guidelines on our item return policy, process, and eligibility.

DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY

THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. MAYKKE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MAYKKE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAYKKE DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAYKKE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

MAYKKE USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. MAYKKE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, MAYKKE SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting the Website, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Maykke.

DISPUTES

Any dispute relating in any way to your visit or access of the Website or to the products you purchase through the Website shall be submitted to binding arbitration in Alameda County, California. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Website, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the Website from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Terms of Use (including negligent or wrongful conduct) by you or your use and access of the Website.

PRIVACY

Please review our Privacy Policy, which also governs your use of maykke.com, to understand our practices.

OTHER PROVISIONS

Maykke's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use.

Maykke may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

SUBMISSIONS

We welcome your comments regarding the maykke.com Web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to maykke.com shall be and remain the exclusive property of Maykke. Your submission of any such Comments shall constitute an assignment to Maykke of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Maykke will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

COLORS

We have done our best to display as accurately as possible the colors of the products shown on this Web site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

By using our application, users are bound by Google’s Terms of Service.