Make and Keep User Agreement


This Make and Keep USER Agreement (“Agreement”) is a legal document that explains your rights and obligations as a USER of Make and Keep. Please read it carefully.

 

  1. REGISTRATION AS A USER; APPLICATION OF TERMS TO YOU; YOUR ACCOUNT

Make and Keep is an online service.  You become a USER of Make and Keep (“USER”) by completing the registration of a Make and Keep user account.

This Agreement takes effect as soon as you indicate your acceptance of these terms and sign this document.

           A.  Lead

A Lead is contact with a potential paying client who is need of the service you provide and does not guarantee that the Lead will become a paying client of your product or service.   All sale of Leads are final.

 

  1. Payment

All charges incurred on Make and Keep are payable at the end of each 30-day billing cycle and are final.

           A.  Payment Authorization

When you provide payment information to Make and Keep or to one of its payment processors, you represent to Make and Keep that you are the authorized user of the card or account associated with that payment, and you authorize Make and Keep to charge your credit card or to process your payment with the chosen third-party payment processor for any fees incurred by you. Make and Keep may require you to provide your address or other information in order to meet their obligations under applicable tax law.

           B.  Responsibility for Charges Associated With Your Account

As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account. If you cancel your Account, Make and Keep reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before Make and Keep will allow you to register again.

           C.  Refunds and Right of Withdrawal

Without prejudice to any statutory rights you may have, you can request a refund for your purchases on Make and Keep in accordance with the terms of Make and Keep’s Refund Policy.

           D.  Representations and Warranties

You represent and warrant to us that you have sufficient rights in all User Content to grant Make and Keep and other affected parties the licenses described under A. and B. above.

 

  3.  DISCLAIMERS; LIMITATION OF LIABILITY; NO GUARANTEES

           A.   DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Make and Keep AND ITS AFFILIATES AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY WARRANTY FOR Make and Keep, THE CONTENT AND SERVICES, AND THE SUBSCRIPTIONS, AND ANY COMMON LAW DUTIES WITH REGARD TO Make and Keep, THE CONTENT AND SERVICES, AND THE SUBSCRIPTIONS, INCLUDING DUTIES OF LACK OF NEGLIGENCE AND LACK OF WORKMANLIKE EFFORT. Make and Keep, THE CONTENT AND SERVICES, THE SERVICES, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ALSO, THERE IS NO WARRANTY OF TITLE, NON-INTERFERENCE WITH YOUR BUSINESS, OR AUTHORITY IN CONNECTION WITH Make and Keep, THE CONTENT AND SERVICES, OR INFORMATION AVAILABLE IN CONNECTION THEREWITH.

           B.  LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Make and Keep, ITS LICENSORS, NOR THEIR AFFILIATES, NOR ANY OF Make and Keep’s SERVICE PROVIDERS, SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE Make and Keep, YOUR ACCOUNT, YOUR SUBSCRIPTIONS AND THE CONTENT AND SERVICES INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL Make and Keep BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH Make and Keep, THE CONTENT AND SERVICES, THE SUBSCRIPTIONS, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE THE CONTENT AND SERVICES, SUBSCRIPTIONS OR ANY INFORMATION, EVEN IN THE EVENT OF Make and Keep’S OR ITS AFFILIATES’ FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR BREACH OF Make and Keep’s WARRANTY AND EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND LIABILITY EXCLUSIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EACH OF Make and Keep, ITS LICENSORS, AND ITS AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

           C.  NO GUARANTEES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Make and Keep NOR ITS AFFILIATES GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO Make and Keep, THE CONTENT AND SERVICES, YOUR ACCOUNT AND/OR YOUR SUBSCRIPTIONS(S) OR ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH.

By signing below, both the Client and the Vendor indicate that they have read, understand, and agree to all terms and conditions outlined in this contract.

First enter your legal name (first and last) and your email address.  And then click the signature field to sign,

Leave this empty:

Signed by Simplia Support
Signed On: January 29, 2019

Make And Keep https://makeandkeep.com
Signature Certificate
Document name: Make and Keep User Agreement
Unique Document ID: b3240e9a6d08a21365201e2838ac7fa5e5dc7e2e
Timestamp Audit
January 28, 2019 3:03 pm PDTMake and Keep User Agreement Uploaded by MakeAndKeep Support - support@makeandkeep.com IP 76.175.66.34