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MakerBot

Terms of Service

Revised February 2013

Please read these Terms of Service ("Terms") carefully before using www.makerbot.com ("Website") or ordering from MakerBot Industries, LLC ("MakerBot or "Company"). By using the Website, you agree to these Terms.

If you don't agree, please don't use the Website.

Summary

 

SALES

Offer and Acceptance. MakerBot offers to sell and deliver products in accordance with the terms and conditions set forth herein and rejects any additional or different terms proposed by you, including those contained in your purchase order, if any, unless we expressly agrees to such terms in writing. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Price and Payment. All prices are subject to change, at any time and without notice. Unless otherwise indicated in writing by the Company, prices are EXW Company’s place of manufacture or distribution of its products. You are liable for all costs of shipping, delivery, insurance and the like after we have delivered the products to the carrier. Payment is by credit card which is subject to security checks. You are responsible for the accuracy of your order.

Shipping and Delivery. When an order is placed, it will be shipping to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for contacting us to initiate any claim for damaged and/or lost shipments. You are responsible for paying any import duties and taxes on your order.
 For more details, see our shipping page: http://store.makerbot.com/shipping-policies

MakerBot Support: In the event that you experience any problems with your MakerBot product, it is necessary to contact the MakerBot Support team to determine and diagnose the issues you are experiencing prior to taking any other course of action. To communicate with MakerBot Support, you can open a support ticket at: http://support.makerbot.com/tickets/new or email support@makerbot.com.

Returning Purchased Items. ** LIMITED ** MakerBot accepts returns on a very limited basis: for any electronic items, the Company accepts returns only on unaffected devices within 14 calendar days from the date of receipt of merchandise subject to a 4% restocking fee. "Unaffected" means a device has never been assembled, powered up, programmed, or otherwise changed. Similarly, for non-electronic items, the Company accepts returns only on unopened items within 14 calendar days from the date of receipt of merchandise. After 14 days, all sales are considered final.

Chargebacks. Any unilateral chargebacks will be contested and will be subject to a $75 fee charged to your credit card. By ordering from MakerBot you agree to these terms and conditions and give the Company the authority to charge your credit card this $75 service fee to cover the cost of processing any chargeback you initiate. Any chargeback will result in permanent cancellation of credit card purchasing privileges. The Company prosecutes all misuse of credit cards to the fullest extent allowed by law.

WEBSITE

Creating an Account. In order to use certain features of the Site (e.g., Store purchases), you may register for an account with the Company ("Company Account") and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Company Account at any time, for any reason, by following the instructions on the Site. We may suspend or terminate your Company Account as well. See section on Termination.

Account Responsibilities. You are responsible for maintaining the confidentiality of your Company Account login information and are fully responsible for all activities that occur under your Company Account. You agree to immediately notify MakerBot of any unauthorized use, or suspected unauthorized use of your Company Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Use of Website. The design of this Website and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website are protected by copyright, trademark and other laws. The contents of this Website are Copyright (c) 2009, 2010, 2011, 2012, 2013 MakerBot, or its respective affiliates and suppliers. All rights reserved. The provision of this site and its services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

Products and Services Availability and Accuracy. All prices, features, content and specifications of products and services described or depicted on this Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. MakerBot, which operates this Website, makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on the Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website.

Third Party Links. From time to time, this Website may contain links to websites that are not owned, operated or controlled by MakerBot or their respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

OTHER MATTERS

DISCLAIMERS.
NEITHER MAKERBOT NOR ANY OF THEIR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE, WHICH ARE PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
TO THE FULLEST EXTENT PERMISSIBLE BY THE APPLICABLE LAW, WE HEREBY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
TO THE FULLEST EXTENT PERMISSIBLE BY THE APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL RESPONSIBILITY, RISK, LIABILITY AND DAMAGES ARISING OUT OF DEATH OR PERSONAL INJURY RESULTING FROM ASSEMBLY OR OPERATION OF OUR PRODUCTS.
MAKERBOT ASSUMES NO RESPONSIBILITY, NOR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES OR MALWARE THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS WEBSITE.
THE FOREGOING EXCLUSIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW; PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. 


WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.

INDEMNITY. You agree to indemnify and hold MakerBot (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services, (b) your violation of these Terms; or (c) your violation of applicable laws or regulations. MakerBot reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of us. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

LIMITATIONS OF LIABILITY. In the event of any problem with this Website or any content, you agree that your sole remedy is to cease using this Website. In no event will we or any of our respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Website, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Website, any Websites linked to this Website, or the information, products or services contained on any or all such Websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law; please refer to your local laws for any such prohibitions.

Termination. You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

Privacy; User Information. Other than personally identifiable information, which is subject to this Website's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Website in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of MakerBot and its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of MakerBot or such other owner.

ABOUT THESE TERMS

These terms control the relationship between MakerBot and you. They do not create any third party beneficiary rights.

If you do not comply with these Terms and we do not take action right away, this does not mean that MakerBot is giving up any rights.

If it turns out that a particular term is unenforceable, this will not affect the rest of the agreement.

MakerBot reserves the right to modify or revise these Terms in its sole discretion and at any time. You agree to be bound by any modifications and/or revisions.

Print and save these Terms and, periodically, check for the latest version at http://store.makerbot.com/terms.

This Contract shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., without regard to choice-of-law principles that may result in the application of the laws of another state. Any dispute between the parties arising under or relating to this Contract shall be subject to the exclusive jurisdiction of the United States District Court for the Southern District of New York State or the State courts sitting in the Borough of Manhattan, City of New York. You hereby agree to submit to the jurisdiction of, an agree that venue is proper in, those courts in any such legal action or proceeding.

Additional Assistance. If you do not understand any of the foregoing terms of service or if you have any questions or comments, we invite you to contact our Customer Care Department through our contact page.

MAKERBOT, THE REPLICATOR, STEPSTRUDER, THINGIVERSE, THING-O-MATIC, MIGHTYBOARD, MAKERWARE, MAKERCARE, BOTCAVE, and BOTFARM are trademarks or registered marks of MakerBot Industries, LLC. All rights reserved.