Terms of Use

Terms of Use

Policy Number: 01-01            

Version: 1.1

Effective Date: April 7, 2020

 

Table of Contents

1. Introduction 1

2. Age of and Ability to Consent 2

3. Consent to and Acceptance of Terms 2

4. Modification of Terms 2

5. Client Portal and Personal Client Accounts 2

6. Confidential and Personal Information 3

7. Payments: Pricing, Processing, and Refunds 4

8. Intellectual Property 4

9. Disclaimer; No Warranty or Liability 5

10. User Conduct 6

11. Indemnification 7

12. Binding Arbitration and Class Action Waiver 8

13. Opting Out of Arbitration 9

14. Linking to Our Site 9

15. Links to External Websites 9

16. Cookie and Privacy Policy 10

17. Forum Selection, Jurisdiction, and Governing Law 10

18. General Provisions 10

 

1. Introduction

Thank you for visiting www.themakergroup.com (the “Site”), the website for The Maker Group LLC (“we,” “us,” or “our”). The terms ‘you’ and ‘your’ refer to any user or viewer of this Site or the user or purchaser of any of our services.

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In order to provide you with this Site and our services, your use of either, including any workshop or negotiation consulting, is subject to and conditioned on your acceptance of the following terms, conditions, policies, and notices (collectively, “Terms”), which together constitute a binding agreement between you and us. We expressly reserve the right to deny access to or use of this Site or any of our services at any time to anyone who, in our sole discretion, violates these Terms.

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THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 12, WHICH AFFECT YOUR RIGHTS ABOUT HOW TO RESOLIVE ANY DISPUTE WITH THE MAKER GROUP LLC. PLEASE CAREFULLY REVIEW THIS SECTION.

 

2. Age of and Ability to Consent

No one under the age of eighteen (18) may use this Site or our services without the consent of a parent or guardian. If you are a resident of a state, province, or country that imposes additional or different age requirements for legal consent or the disclosure of personally identifiable information, you represent that your access and use of this Site or our services, the provision of your personally identifiable information to us, and our use of such information as stated in our Cookie and Privacy Policy do not violate the applicable laws or regulations of such state, province, or country.

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If you represent or act on behalf of a business entity, you represent that that entity is duly authorized to do business in any country or countries where you operate and that your officers, employees, representatives, and other agents accessing or using this Site or our services are duly authorized to access or use the Site or our services and to legally bind your entity to these Terms.

By using or continuing to use this Site or any of our services, you represent that you meet the above requirements and that you are able to enter into legally binding contracts including, without limitation, these Terms.

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3. Consent to and Acceptance of Terms

By continuing to browse or use this Site, by purchasing or participating in any workshop, consultation, or other service, or by otherwise manifesting your acceptance of these Terms (e.g. by checking a box that says “I Accept”), you agree to these Terms and will be deemed bound by them, effective as of the date of such access, use, purchase, or other assent or acknowledgement. If you do not agree to abide and be bound by these Terms, as posted or modified, you must immediately cease access to and use of this Site and any of our services.

 

4. Modification of  Terms

We expressly reserve the right to limit, modify, or otherwise add to, amend or eliminate these Terms under which this Site or any of our services is offered or provided at any time, with or without prior notice. The date following “Effective Date” at the top of this page states when these Terms became effective. You are encouraged to review this page to stay current on the Terms that govern your use of this Site and our services.

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5. Client Portal and Personal Client Accounts

Through our Site, our clients can sign into a proprietary client portal (“Client Portal”) where they can create a profile, complete strategic questionnaires and surveys, and share objectives and sensitive information in a way that is private and password protected. In order to sign into our Client Portal, clients must first create a personal client account (“Client Account”) by providing their name and email address and creating a password. Please keep this information safe as this email address and password are required to subsequently access your Client Account. You understand that it is your sole responsibility for maintaining and protecting this information.

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By creating a Client Account, accessing the Client Portal, or transmitting any information to us, you acknowledge and agree that you are solely and fully responsible for the content, accuracy, quality, and legality any such information provided to us, as well as for its confidentiality, privacy and security and for any consequences that may arise out of the failure to protect or maintain the privacy or confidentiality of your username, password, or any personal information provided to us.

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By submitting, transmitting, or making available any information or materials to us, whether or not through the Client Portal, you represent and warrant that you have the right to such information or materials and that you grant to us a limited right and license to use, publish, distribute, reproduce, and display any such information or material in our Client Portal, and you also agree that we may use any ideas, concepts, insights, or techniques that you transmit or submit for any lawful purpose. Furthermore, you agree to comply with all local rules regarding online conduct and acceptable sharing or transmitting of information, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

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You expressly acknowledge and accept that your creation and use of any Client Account and the provision of any information to us is subject to and conditioned on your acceptance of these Terms and the incorporated Cooke & Privacy Policy. Further, you understand and accept our security procedures and practices, acknowledging that there are always risks related to the transmission, storage, display, and retrieval of data and information over the internet or on local hardware, including, without limitation, through this Site and the Client Portal.

Your right to use a Client Account is personal to you and you alone are responsible for all activities that occur in or with your Client Account. If you create a Client Account, you may not permit any other individual to use or access it. Any user of this Site or the Client Portal who suspects that there may be or have been any unauthorized use, or breach in the security, of their Client Account must immediately notify us, where such notice must indicate the basis for your suspicion, the information believed compromised or breach, the first date of believed unauthorized access, and any information necessary to identity and verify the holder of the Client Account. You shall be liable for losses incurred by us or any other user of our Site or Client Portal due to your failure to keep your account information secure and confidential and The Make Group LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section of these Terms.

WE RESERVE THE RIGHT TO LIMIT, SUSPEND, REVOKE, OR TERMINATE ANY USER’S ACCESS TO OR USE OF THIS SITE, THE CLIENT PORTAL, OR A CLIENT ACCOUNT AT ANY TIME OR AFTER ONE (1) YEAR OF INACTIVITY, WITH OR WITHOUT NOTICE AND WITHOUT ANY LIABILITY TO YOU. In any such event, you will no longer be able to access or use the content or services of the terminated account. Any information associated with a terminated account will also be deleted and no refund will be offered to you. You understand and accept that, if you delete your Client Account or any part or content thereof, you may lose access to any data previously associated with your account.

 

6. Confidential and Personal Information

Our clients are our top priority and we appreciate their willingness to share proprietary and other sensitive information, understanding it’s necessity and role in the negotiation planning and execution process. Accordingly, any information you provide or transmit to us by any means or share in the Client Portal that is shared as confidential information or covered by a non-disclosure agreement shall be kept and held in confidence. Furthermore, any and all personal information shared with, transmitted to, or maintained by us will be used only in accordance with our Cookie and Privacy Policy.  

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7. Payments: Pricing, Processing, and No Refunds

We greatly appreciate that your interest in our Site and the services we provide. When you choose to purchase any service, whether through our Site or by any other method, any such service is purchased and provided only on an “AS IS” and “AS AVAILABLE” basis.

ALL SALES ARE FINAL and no refunds will be granted for any reason. Accordingly, our services are not refundable under any circumstance, whether for return of payment or credit for future services. Prices and pricing may change at any time. We may, in our sole discretion, modify prices, refuse to offer services that were previously available, or make alternations to existing services. All monetary amounts referenced on the Site refer to U.S. dollars.

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We do not process or store credit card information, but rely on third-party service providers to carry out any payment transactions. These service providers may charge your selected payment method (such as your credit card, debit card, PayPal account, or other method available) on our behalf for any paid transactions, including any applicable taxes. If your selected payment method cannot be charged for any reason (such as expiration or insufficient funds), you remain responsible for any uncollected amounts and, as you may update your payment method information, we or our service providers may make follow-up attempts to charge the payment method.

If technical problems prevent or unreasonably delay delivery of this Site, the Client Portal, or our services, your exclusive and sole remedy is to contact us and we will verify your account and take appropriate steps, as determined to be appropriate in our sole discretion, to compensate you for any error or delay.

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8. Intellectual Property

You acknowledge that all copyright, trademarks, patents or other intellectual property rights in and relating to this Site and our content, text, logos, graphics, images, videos, site design and arrangement, and any other materials (collectively, “Content”), and services are owned by us, licensed to us, or within the public domain. All rights not expressly granted herein are reserved.  

This Site and our Content and services are protected by federal, international, and common law copyright, patent, and trademark laws. By accessing our Site or services, you agree not to use, copy, reproduce, duplicate, distribute, disseminate, give, sell, rent, publicly display, broadcast, “mirror” on another server, transmit, transfer, circulate, modify, revise, reverse engineer, post, upload, republish, or create derivative works from, in any form or by any means, (collectively, “Use”) this Site, or any of our Content or any part thereof, without our prior written permission.

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Without limiting the foregoing in any way, our Site is protected by the copyright and trademark laws of the United States, and any Use of the Content contained therein, without the prior written permission for such Use, constitutes a violation of those and other applicable laws, except for the specific uses permitted under those laws. Any such violation of our rights under those or other laws may make you subject to prosecution and the penalties thereunder to the fullest extent as provided thereby.

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Any user making, or intending to make, Use of any copyrighted materials or intellectual property from this Site, shall contact us prior to such Use for authorization and licensing information. If you are interested in permission to display or Use any of our copyrighted, trademarked, patented, or protected materials, please email us at: info@themakergroup.com and include “Copyrighted Materials or Intellectual Property Use Permission” in the subject line. Please detail the nature of and basis for any such request and how you intend to use any of our materials. We may grant, withhold, limit, deny or condition our permission at our sole discretion.

Anyone who has acquired prior permission to Use any of our copyrighted or trademarked materials shall display the copyright or trademark notice specified by us, if any. Users may not modify or remove the copyright or trademark notice unless they have obtained our prior written permission.

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9. Disclaimer; No Warranty or Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY OF OUR SERVICES, INCLUDING YOUR USE OF ANY CLIENT ACCOUNT OR PORTAL. THIS SITE, THE CLIENT PORTAL, AND OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING ANY OF THE FOREGOING, YOU AGREE THAT IT IS YOUR RESPONSIBILITY ALONE TO ENSURE THAT OUR SITE, SERVICES, ANY PORTION THEREOF ARE ACCURATE, SUITABLE FOR YOUR PURPOSES, AND COMPLIANT WITH ANY APPLICABLE LAWS.

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WE DO NOT WARRANT OR PROMISE THAT THIS SITE, THE CLIENT PORTAL, OR ANY SERVICE, CONTENT, FUNCTION OR FEATURE THEREOF WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE THEREOF WILL PROVIDE SPECIFIC RESULTS. ALL CONTENT, SERVICES AND INFORMATION PROVIDED ON OR IN THIS SITE OR THE CLIENT PORTAL ARE SUBJECT TO CHANGE WITH OR WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS SITE, THE CLIENT PORTAL, OR ANY SERVICE, FUNCTION, FEATURE, OR CONTENT THEREOF. NO ORAL OR WRITTEN INFORMATION OR OPINION BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE ANY WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

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IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR SIMILAR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THIS SITE, THE CLIENT PORTAL, OR ANY OF OUR SERVICES, EVEN IF YOU HAVE ADVISED US OF THE POSSIBLITY OF SUCH DAMAGES. OUR LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT, IF ANY, YOU HAVE PAID TO US IN CONNECTION WITH THE MATTER GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS CERTAIN LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID TO US, THIS BEING EXPRESSLY AGREED UPON AND UNDERSTOOD AS LIQUIDATED DAMAGES AND NOT A PENALTY. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

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The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, structural inaccuracy, defect, error, omission, interruption, deletion, transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

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Any claim or cause of action arising out of or related to use of this Site or any of our services or these Terms must be filed within one (1) year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within this one (1) year period, such claim or cause of action is forever barred.

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The content of this Site and its webpages is provided for general information and use only and does not constitute professional advice as related to your particular situation or otherwise. The content, structure, design, and functionality of this Site is subject to change with or without notice.

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You understand and expressly agree that we are not responsible, regardless of the device or form factor employed, for your device, software, hardware or network compatibility, reliability, or stability; and we are under no obligation to provide Site or Client Portal maintenance or customer support.

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10. User Conduct

You must comply with the laws that apply to you in the location from which you access or use this Site or any of our services. If any laws applicable to you restrict or prohibit you from using this Site, the Client Portal, or any of our services, you must comply with those legal restrictions and, if applicable, stop accessing or using this Site, the Client Portal, or that service. You represent that all the information you provide to us while accessing or using our Site, the Client Portal, and our services is and shall remain true, accurate and complete at all times.

By submitting any information to us, you thereby grant to us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable right and license to use your information in connection with this Site, the Client Portal, our services, and otherwise in ways consistent with our Cookie and Privacy Policy. Furthermore, by submitting any information to us, you consent, to the maximum extent permitted by law, to the transfer of any such information outside of your country by us or any of our third-party service providers, on terms consistent with our Cookie and Privacy Policy.

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You acknowledge and accept that, as related to your access or use of this Site, the Client Portal, or our services, you are prohibited from attempting, undertaking, performing, or committing any of the following:

1. 1. Acts that cause, or are likely to cause, any violation of these Terms or any other applicable law or regulation;

   2. Acts that cause, or are likely to result in, loss or damage to The Maker Group LLC, our members, employees, representatives, agents, affiliates, third parties, this Site, our content, or our services;

   3. Acts that defame, or are likely to defame, us or our members, employees, representatives, agents, affiliates, successors, assigns, or third parties;

   4. Acts that hurt, or are likely to hurt, our credit, integrity, or reputation, such as being contrary to public order or morality;

   5. Criminal acts or acts that may lead to, or are likely to lead to, criminal acts;

   6. Acts that violate, or are likely to violate, any laws, statutes, regulations, ordinances, or contractual obligations;

   7. Acts that infringe, or are likely to infringe, on any copyright, patent, trademark, trade secret, or any other proprietary or property rights of any person or entity;

   8. Acts that impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;

   9. Acts that cause, or are likely to cause, misunderstanding or confusion with respect to the relationship between you and The Maker Group LLC; or cause, or are likely to cause, misunderstanding or confusion regarding whether we, or one of our members, employees, representatives, agents or affiliates, recognizes, guarantees, supports or recommends any other product, service , website, person or entity;

   10. Acts that are, or are likely to be, harmful to the appearance, content, reliability, integrity, stability, or security of this Site or our Client Portal or services;

   11. Acts that introduce, or are likely to introduce, any software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;

   12. Acts that cause, or are likely to cause, the reverse engineering, disassembling, decompiling, or hacking of any of our content, features, or services, or that produce, or are likely to produce, the defeat or overcoming of any of our encryption technologies or security measures for any data transmitted, processed, or stored by us;

   13. Acts that cause, or are likely to cause, the harvesting, scraping or collection of any information about or regarding other people that use this Site or our Client Portal or services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tag’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms));

   14. Acts that produce, or are likely to produce, the disguise, anonymization, or the masking or hiding of your IP address, or that interfere with or disrupt this Site or its servers or networks;

   15. Any other inappropriate acts, including but not limited to acts likely to have any sort of detrimental effect on The Maker Group LLC, our members, employees, representatives, agents, affiliates, successors, assigns, content, features, services, or reputation.  

 

11. Indemnification

You expressly and irrevocably agree to indemnify, save, defend, reimburse, advance fees, and hold harmless The Maker Group LLC, our members, employees, agents, representatives, affiliates, successors, and assigns to the maximum extent permitted by law from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind or character (including attorneys’ fees) resulting from: (i) your use of this Site, the Client Portal or our services, (ii) the use, construction, conversion, modification, misinterpretation, misuse, or reuse by you or others of any of our content, services, or any other materials furnished by us; (iii) any negligence or other acts or omissions by you or any of your owners, managers, employees, contractors, consultants, advisors, agents, affiliates, or representatives; (iv) your breach of any provision of these Terms, or (v) your violation of any of our rights or the rights of another, whether by action or omission.

The indemnity contained herein shall survive the termination of this contract.

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12. Binding Arbitration and Class Action Waiver

THE PARTIES EXPRESSLY AND IRREVOCABLY AGREE THAT ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH ANY OF OUR SERVICES OR THESE TERMS, INCLUDING ANY QUESTION REGARDING THEIR FORMATION, TERMINATION, EXISTENCE, VALIDITY, ENFORCEABILITY, OR APPLICABILITY, IN WHOLE OR IN PART, SHALL BE ARBITRATED.

WHERE PERMITTED UNDER THE APPLICABLE LAW, THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and The Maker Group LLC agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a class, collective, consolidated, or representative action. If for any reason a claim proceeds in court, the parties waive any right to trial by jury.

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THESE LIMITATIONS OF RELIEF ARE A PART OF THE BARGAIN BETWEEN THE PARTIES.

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To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute with or claim against us mailed and addressed as follows:

• The Maker Group, LLC, ATTN: Arbitration of Dispute, PO Box 9751, 225 S. Broadway Ave, Denver, CO 80209.

There is no judge or jury in arbitration, and judicial review of arbitration awards is limited. However, arbitrators can award, on an individual basis, the same damages and relief as a court, and must apply and follow these Terms as a court would.

The parties agree that any and all arbitration will be conducted by Judicial Arbitration and Mediation Services (JAMS). Any party may submit a dispute to final and binding arbitration by a single arbitrator through (a) JAMS Streamlined (for claims under $250,000), (b) JAMS Comprehensive (for all other claims), (c) any successor of JAMS if JAMS is no longer in existence, or (d) any similar arbitration group that can provide a former judge if JAMS is no longer in existence and without successor.

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Any arbitrator selected shall be chosen by JAMS, or another arbitration group, on the basis, if possible, of his or her experience in the subject matter(s) of the dispute. The decision of the arbitrator shall be final, non-appealable, and binding upon the parties, and it may be entered in any court of competent jurisdiction. The arbitration shall take place in the City and County of Denver, State of Colorado. The arbitrator shall be bound by the laws of the State of Colorado applicable to the issues, without regard to its choice or conflicts of law rules. The parties waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages. The arbitrator shall issue a detailed written opinion setting forth his or her decision and the reasons therefor within thirty (30) days after the arbitration proceeding is concluded.

The arbitrator, as part of his or her final award, within his or her sole discretion, shall have the power, but not the obligation, to allocate direct and indirect costs and fees against any and all parties as he or she deems equitable. Any party seeking enforcement of any arbitration award shall be entitled to an award of all costs, fees, and expenses, including reasonable attorney’s fees, incurred in enforcing the award, to be paid by the party against whom enforcement is ordered. The obligation of the parties to submit any dispute arising under or related to this Agreement to arbitration shall survive the expiration or earlier termination of this Agreement. The existence, content, and result of the arbitration shall be held in confidence by the parties, their representatives, any other participants, and the arbitrator. All documents, discovery, and other information related to any such dispute, and the attempts to resolve or arbitrate such dispute, will be kept confidential to the fullest extent possible.

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13. Opting Out of Arbitration

You have the option to opt out of arbitration. If you do so, neither party may require the other to participate in an arbitration proceeding. To opt out, you must directly notify us in writing within thirty (30) days of the date that you first became subject to these Terms and Section 12 (above).

You must use this address to notify us of your decision to opt out of arbitration:

• The Maker Group LLC, ATTN: Arbitration Opt Out, PO Box 9751, 225 S. Broadway Ave, Denver, CO 80209.

You must include your full name and residence address, and an unequivocal statement that you want to opt out of this arbitration agreement. Such letters must be postmarked within thirty (30) days of date that the user first became subject to these Terms. 

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14. Linking to Our Site

You are granted a limited, nonexclusive right to create a “hypertext” link to this Site provided that any such link is to the entry or home page of this Site and does not portray us or any of our affiliates or services in a false, misleading, defamatory, or otherwise derogatory manner. We reserve the right to revoke this limited right at any time and for any reason or no reason. Under no circumstances may you use, frame, or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information including the images found on this Site without our prior written consent.

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15. Links to External Websites

Links to external, third-party websites posted on the Site are provided only as a matter of convenience to Site users. Any such link on our Site does not imply or mean that we endorse the content on that external website or the operator or operations of that website. We are not responsible for the privacy practices, security, content, or reliability of these thirty-party websites. You agree not to hold us responsible for the content or operation of any such third-party websites. You are encouraged to notice when any of our Site’s links direct you to another website and are solely responsible for reviewing the terms, conditions, and policies of any such website, especially those which may collect your personally identifiable information.

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16. Cookie and Privacy Policy

Your privacy is important to us. Our contact form only asks you for your name, phone number and email addresses so that we can respond to your message, and we try to limit the personal information that we collect to the information our Site and Client Portal practically requires to provide you with our Site and services. Accordingly, we manage and use the information collected through your use of this Site based on our Cookie and Privacy Policy – incorporated herein by reference and as a condition of your continued access or use of this Site and our services.  

 

17. Forum Selection, Jurisdiction, and Governing Law

Subject to the mutual requirement to arbitrate set forth in Section 12, any and all litigation concerning any dispute arising out of or in connection with these Terms or any of our services shall be filed and maintained only in a state or federal court sitting in the City and County of Denver, State of Colorado. Each party hereto hereby irrevocably consents to the jurisdiction of such courts. These Terms shall be construed and enforced in accordance with and governed by the laws of the State of Colorado other than such laws, rules, regulations, or case law that would result in the application of the laws of a jurisdiction other than the State of Colorado.

 

18. General Provisions

The Maker Group LLC may freely assign its rights under these Terms as related to this Site or any of our services, but the rights and obligations created under these Terms may not be assigned to any other person or entity by users of this Site, the Client Portal, or any of our services without our prior written permission. The waiver by either party of a breach or default in any of the provisions of this Agreement by the other party will not be construed as a waiver of any succeeding breach of the same or other provisions; nor will any delay or omission on the part of either party to exercise or avail itself of any right, power, or privilege that it has or may have under this Agreement operate as a waiver of any breach or default by the other party.

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Terms used with initial capital letters will have the meaning specified herein. Whenever the singular form of a term or word is used in this Agreement and when required by the context, the same shall include the plural and vice versa. All pronouns (and any variation) will be deemed to refer to the masculine, feminine or neuter, as the identity of the person may require. The word ‘including’ means “including without limitation” and ‘or’ means “and/or.” All references herein to Sections are to Sections of this Agreement. Reference to any agreement, document or instrument means such agreement, document or instrument as amended or otherwise modified from time to time in accordance with the terms thereof, and if applicable, hereof. The descriptive headings of these Terms are included for convenience of reference only and do not constitute a substantive part of the agreement or these Terms.

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These Terms constitute the complete and final agreement related to the use of this Site, the Client Portal, and any of our services and supersede all other agreements and understandings regarding the subject matter of this document. In the event that any provision of these Terms is declared to be void, invalid, unlawful, or unenforceable by any arbitrator, court, or tribunal of competent jurisdiction, such provision shall be interpreted to give greatest effect to the intentions of the parties or, if necessary, shall be deemed severed from the remainder of this agreement and the balance shall remain in full force and effect to the maximum extent permitted by law.