This Buyer Agreement governs any purchases you make through online storefronts located at the web site www.Makatto.com (the "Makatto Site"). PLEASE READ THIS BUYER AGREEMENT CAREFULLY.

Authority. By making purchases on the Makatto Site, you represent and warrant that you are eighteen (18) years of age or older.

Making Purchases at the Makatto Site. Makatto.com Inc. ("Makatto.com") provides the Makatto Site as a venue for buyers to locate and purchase products or services from sellers. Makatto.com is not a seller and no products or services ("Goods") at the Makatto Site are being sold by Makatto.com. When you make a purchase through the Makatto Site, you are purchasing the Goods from an independent seller and not from Makatto.com. By purchasing Goods from a seller, you are doing so without Makatto.com acting for you or the seller in any capacity. As such, you acknowledge and agree that Makatto.com is not an agent for you or for the seller and has no authority to act on your or on any seller's behalf.

Makatto.com reserves the right to change any of the terms and conditions contained in this Buyer Agreement or any policies or rules governing the Makatto Site at any time and in its sole discretion. Any material changes will be effective upon the posting of the revised Buyer Agreement or such policies and rules on the Makatto Site. With respect to material changes to the Buyer Agreement, such changes shall be accompanied by a 30 day advance notice on the Makatto Site, and you are solely responsible for reviewing any such notice and the corresponding changes to the Buyer Agreement. Your continued use of the Makatto Site following any such revisions to the Buyer Agreement, policies or rules will constitute your acceptance of such changes. If you do not agree to any such changes, do not continue to use the Makatto Site and associated services.

Shipment. Shipment of the Goods you purchase on the Makatto Site are made by the seller and not by Makatto.com. The Goods are not and are never within the custody or control of Makatto.com. You agree that Makatto.com may provide to the seller your shipping address for shipment of the Goods you purchase from a storefront located at the Makatto Site. You agree to pay the shipping charges in full for any Goods that you purchase in accordance with the terms of the seller with whom you transact.

Privacy. You acknowledge, consent and agree that Makatto.com shall provide sellers with information that is reasonably necessary for sellers to ship the Goods to you and to communicate with you regarding such shipment and any issues that may arise in connection with your purchase. This information includes, but is not limited to, your "ship to" information, your email address, and, in certain circumstances, such further information that you enter at the Makatto Site. You hereby agree that Makatto.com shall have no responsibility, obligation or liability with respect to the disclosure of such information to, or any collection, use or disclosure of such information, by any seller. You may receive access to certain information concerning other Makatto Site users when you use the Makatto Site. You hereby represent, warrant and agree (a) not to use any information regarding other Makatto Site users which is accessible from the Makatto Site or that may be disclosed to you by Makatto.com, except in connection with purchase transactions, and (b) not to use any such information for purposes of solicitation, sending unsolicited email or spamming, harassment, or other conduct that Makatto.com deems, in its sole discretion, unacceptable or objectionable.

Payment. When you make a purchase through the Makatto Site, you shall pay the seller through your account at the Makatto Site ("Account") using a valid credit card issued to you or other payment source that is approved for use within the Makatto Site. Makatto.com typically does not provide your credit card information to the seller. Instead, Makatto.com will authorize your credit card or other payment source for the entire order amount immediately upon your placement of the order, and charge the full amount for the purchase you have initiated immediately upon Makatto.com's receipt of shipment confirmation by the seller. You hereby authorize Makatto.com to charge your credit card or other payment source for any amount that you may owe Makatto.com or the seller in connection with any such purchase transaction that you initiate. In addition, Makatto.com may set-off any amounts that you owe to Makatto.com or the seller against any amounts owed to you by Makatto.com or the seller.

Taxes. To the extent that taxes are payable as a result of a purchase transaction that you initiate, Makatto.com informs you that Makatto.com accepts no responsibility to collect, report or remit taxes concerning sales, use or any other tax that may be applicable in connection with your purchase.

Changing or Cancelling Orders. Once you have placed an order for a product or service on the Makatto Site, the seller will handle all aspects of the order process. Makatto.com will not change or cancel any order made by you, including any change to shipping or billing information, except that Makatto.com reserves the right but is under no obligation to change an order upon consent from you You must contact the seller in the event that you have any changes or cancellations concerning your order. Makatto.com recommends contacting the seller through the messaging system contained on the Makatto Site.

Customer Service. Other than to verify that payment to the seller through your account was completed, Makatto.com does not provide customer support for any purchase you make through the Makatto Site. You agree that Makatto.com is not responsible for any such support. If you have any questions about the Goods you purchased or your shipment you must contact the seller of the Goods directly for any customer support that you need. The seller's contact information can be found in your order detail located in your account or in your order confirmation.

Returns. You may not make any returns to Makatto.com of Goods you purchase on the Makatto Site. You must contact the seller for any returns that you wish to make. Makatto.com recommends contacting the seller through the messaging system contained on the Makatto Site.

Content; Feedback. By contributing or submitting any content to the Makatto Site, you represent and warrant that you are the author and owner of the intellectual property rights thereto, and you grant Makatto.com a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and distribute, or incorporate such materials into any form, medium or technology, without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of Makatto.com, its agents, subsidiaries, affiliates or partners and their respective directors, officers and employees. Makatto.com reserves the right to change or delete any content on the Makatto Site that Makatto.com deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement. You agree that you shall not post any information: (a) that is known by you to be false, inaccurate or misleading; (b) that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) that is or may reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive, pornographic, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; (e) for which you were compensated or granted any consideration by any third party; (f) that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or (g) that contains any computer viruses, worms or other potentially damaging computer programs or files. You agree that feedback you provide concerning sellers on the Makatto Site will be truthful and accurate. You agree that you will not use profanity, vulgar expressions, or any obscenity in your feedback comments. You agree that you will not provide any feedback that could be considered defamatory or that violates the privacy, intellectual property, or other rights of any third party. You agree that Makatto.com may publicly post your feedback without any payment or other obligation to you. You agree that Makatto.com may edit your feedback in any way that Makatto.com sees fit and that Makatto.com may remove your feedback at any time.

Use. You hereby represent and warrant that your use of the Makatto Site will comply with applicable laws, ordinances and regulations as well as this Buyer Agreement and the posted policies of the Makatto site. Makatto.com may exclude any buyer, including you, from making purchases on the Makatto Site at any time and for any reason.

Dispute Resolution Steps, Guarantee and Refunds. If you do not receive your Goods or you have received a product or service that is defective, damaged, or that does not match the description contained on the Makatto Site, you must contact the seller directly to attempt to resolve the problem. The seller's contact information can be found in your order detail located in your account or in your order confirmation. Makatto.com will not mediate disputes or contact sellers on your behalf. If the seller does not respond to you or does not reasonably address the problem, you may be eligible to make a claim in order to obtain a refund. If eligible under the Makatto Site claim procedure, you will be covered for the first $500 of each purchase on the Makatto Site. You are eligible to submit a claim if: (a) you never received your item, (b) you received a different item than the one purchased, or (c) the item you received was materially different than the way it was listed. You may only submit a claim after 30 days have passed from your purchase date. You may not submit a claim if more than 60 days has passed from your purchase date. You are limited to filing only one claim per month with a lifetime limit of 3 claims. Makatto.com is not the seller or merchant of any of the goods or services on the Makatto Site. Makatto.com has instituted the claim process to assist you with any claims that you may have with the seller. Because the Makatto Site allows you to make the sale without your having to provide your credit card account information to the seller, Makatto.com charges your credit card for the sale. Any dispute brought by you through your credit card company affects Makatto.com rather than the seller. Therefore, you cannot submit a claim if you have already instructed your credit card company to dispute the charge. In addition, Makatto.com may prevent further purchases by you through the Makatto Site if you have instructed your credit card company to dispute the charges made through the Makatto Site. You agree that Makatto.com may research your claim, may contact the seller concerning your claim and that Makatto.com's decision concerning the claim is final and binding. If Makatto.com agrees with your claim, any applicable refund will be made to the credit card or other payment method through which you made your purchase. Without limiting any of its rights or remedies, if Makatto.com determines that you have directly or indirectly attempted or committed fraud activity with respect to the Makatto Site and/or the claim process, Makatto.com may immediately suspend or terminate your account and charge your credit card on file to recover any damages and costs incurred in connection with such fraudulent activity. In addition, any such fraudulent activity is a criminal offense and violators will be prosecuted to the fullest extent of the law.

Intellectual Property Rights. Makatto.com does not grant to Buyer any intellectual property rights in any intellectual property of Makatto.com, including without limitation any rights in and to Makatto.com's patents, trademarks, logos, trade name, the Makatto Site, or any content developed by Makatto.com, all of which shall remain the exclusive property of Makatto.com.

Indemnity. You agree to indemnify, defend and hold harmless Makatto.com and its parents, sister companies, subsidiaries, affiliates, service providers, sellers, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of any provision of this Buyer Agreement, or your violation of any law, regulation or third-party right.

Release. In the event of a dispute or claim regarding any order or purchase made through the Makatto Site, or between you and a seller or other third party related to any order or purchase made through the Makatto Site, you hereby release Makatto.com and its parents, sister companies, subsidiaries, affiliates, service providers, sellers, distributors, licensors, officers, directors and employees from all claims, damages or demands of any kind, whether known or unknown, arising out of or in any way connected with such dispute or claim. You acknowledge that you may discover facts different from or in addition to those which you now know or believe to be true and that this release shall be and remain effective in all respects even if you discover new or additional facts after you execute this agreement. THE MAKATTO SITE AND ANY RELATED GOODS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." MAKATTO.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE MAKATTO SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.

Limitation of liability. The entire risk arising out of your use of the Makatto Site, the use of any Goods and/or services offered on or in connection with the Makatto Site, and/or the use of any content remains with you. In no event shall Makatto.com or its licensors or any of their officers, directors, employees, agents or affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of this Buyer Agreement, your use of the Makatto Site or the use of or inability to use any products, services, and/or content obtained through the Makatto Site, any delay or inability to use the Makatto Site or related services, the provision of or failure to provide products or services, or for any information, software, products, services and content obtained through the Makatto Site, or otherwise arising out of the use of the Makatto Site whether based on contract, tort, negligence, strict liability or otherwise even if Makatto.com has been advised of the possibility of such damages. Notwithstanding anything else in this Buyer Agreement, the maximum liability that Makatto.com shall have is limited to any commissions actually received by Makatto.com in connection with any purchases made by you from a seller through the Makatto Site during the 12 months preceding the date of the action or claim. Order information such as billing or shipping address that is inaccurate or incomplete may result in delays that shall not be the responsibility of Makatto.com. You acknowledge and agree that the limitations of liability, disclaimers of warranties and limited remedies set forth herein represent an inseparable allocation of risk (including, without limitation, in the event of a total and fundamental breach of this Buyer Agreement) that is an essential basis of the bargain between the parties.
Independent Allocation of Risk. Each provision of this Buyer Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks of this Buyer Agreement between the parties. This allocation is in view of the venue being offered by Makatto.com to Buyer and is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of this Buyer Agreement, and each of these provisions will apply even if the warranties in this Buyer Agreement have failed of their essential purpose.

General. No delay or failure by Makatto.com to take action under this Buyer Agreement shall constitute any waiver by Makatto.com of any provision of this Buyer Agreement. If any provision of this Buyer Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Buyer Agreement will continue in full force and effect. This Buyer Agreement will bind and inure to the benefit of Makatto.com's successors and assigns. Any claim under this Buyer Agreement must be brought within one (1) year after the cause of action arises. This Buyer Agreement shall be governed by the laws of the State of New Jersey without regard to or application of any conflict of laws provisions. You agree that the sole and exclusive venue and jurisdiction for any action arising out of this Buyer Agreement shall be the state and federal courts sitting in the State of New Jersey. This Buyer Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Buyer Agreement shall be null and void. Makatto.com may freely assign this Buyer Agreement without consent or notice. This Buyer Agreement constitutes the complete and exclusive agreement between Makatto.com and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.