Terms and Conditions

MAKO INTERNATIONAL LLC – Website Terms of Use

(Eff. 02.01.2018)

This website and the services of Mako International, LLC (“Mako”) available via this website (collectively, the “Website” or “Website Services”), including product sales offered hereon under the Hammer Head® Swim Caps brand, are provided subject to the terms set forth herein. If you visit the Website, you agree to be bound by these Terms of Use, including our Privacy Policy. Mako reserves the right to make changes at any time to the Website or these Terms of Use. Any modifications to these Terms of Use will be effective upon posting. Your continued use of the Website following posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use. When you visit the Website, you should check the date of the Terms of Use (which appears above) and review any changes that may have been made since your last visit to the Website.

The Website Services are not intended for use by anyone under the age of 18. IF YOU ARE UNDER 18 OF AGE, YOU MUST ACCESS AND/OR USE ANY OF THE WEBSITE SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.

30-Day Return /Exchange Process
We are confident you will LOVE your Hammer Head® Swim Cap! However, for some reason you are not completely satisfied we are ready to help you return your order within 30 days of delivery to you. Returned products must be unused and in its original packaging. We reserve the right to refuse a return that is not in this condition. 

You will be notified if your return is not accepted and we will ship it back to you. A credit will be processed using the same method you used to make your purchase. You can expect this transaction to be completed within 5-10 days of receiving and processing your return. Refunds include the full value of the product, but not shipping and handling fees.

Exchanges
Unfortunately, we cannot process exchanges at this time. If you need a different item or size, please return the product you received and place a new order. While we do not currently provide shipping for returns, we can assist you with any shipping charges on your replacement order. Please email customer service at info@HammerHeadSwimCaps.com for more details.

Damaged or Defective Product
If you receive a damaged or defective item, please email us at info@HammerHeadSwimCaps.com and we can assist you within 30 days of delivery. It is our goal to get your defective product returned and replaced as fast as possible.

Data Security
You can be confident that your information is secure. We use the industry standard encryption protocol, SSL (Secure Socket Layer) certification to ensure your data is protected. When you pay, your data is collected and processed directly by trusted payment service Converge Pay via US Bank. We do not store or receive your credit card details. Secure Shopping Guarantee has been established for every transaction made with HammerHeadswimcaps.com. If any unauthorized charges were to appear on your credit card as a result of shopping on the Website, you must notify your credit card provider in accordance with its reporting rules and procedures.

If you register for an account on the Website, you will be required to choose a password and email address, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Mako of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another user’s account without prior authorization from Mako. Mako will not be liable for any loss or damage arising from your failure to comply with this Agreement.

Privacy Policy
The information that we obtain through your use of any of the Website or Website Services, whether through the registration process or otherwise, is subject to the privacy policy posted on the Website (“Privacy Policy”). The Privacy Policy can be viewed on our Privacy Policy page. The Privacy Policy contains additional terms and conditions that govern our collection and use of the information you provide to us, including our respective rights relative to that information. Please review the applicable Privacy Policy before you use the Website or Website Services. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use our Website or Website Services.

Trademarks, Copyrights, Proprietary Content
The content of this Website includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, photos, video, audio visual recordings, graphics, music, and sound. The selection, coordination, arrangement, and enhancement of such content, as well as in the content are original to Mako, are protected by trademark, trade dress, and copyright (and, if applicable, similar foreign laws). All trademarks, service marks, and logos, text, copyrightable subject matter, images, graphics, designs and products appearing on the Website belong to Mako.

All rights are reserved. Use of any of Mako’s, or other’s trademarks, service marks, or names appearing on the Website as metatags on other websites is prohibited. You agree not to license, modify, publish, copy, sell, transfer, transmit, or in any way misuse, any information on the Website. You agree not to copy, publish or otherwise use any material that you download from the Website without written permission of Mako.

Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of Mako.

Use of the Website; User Content
You agree you will not interfere, in any way, with others’ use of or access to the Website and shall not attempt to gain unauthorized access to the computer system or Website user or take any other action in connection with your use of the Website that violates any law or regulation. You further agree not to take any of the following actions:

  1. copy, reproduce, or improperly use or access any content on our Website;
  2. modify, distribute, or re-post any content on our Website for any purpose; or
  • use the content on our Website for any commercial exploitation whatsoever.
  1. disrupt or interfere with the security of, or otherwise abuse, our websites, or any services, system resources, accounts, servers, or networks connected to or accessible through our Website or affiliated or linked sites;
  2. access content, data or portions of our Website that are not intended for you, or log onto a server or account that you are not authorized to access;
  3. attempt to probe, scan, or test the vulnerability of the Website Services, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;
  • access any Website Services or our Website through any automated means, such as “robots,” “spiders,” or “offline readers”;
  • interfere or attempt to interfere with the use of our Website or applications or the Website Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
  1. use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on our websites;
  2. harass, “stalk”, disrupt or interfere with any other user’s enjoyment of our Website or affiliated or linked sites;
  3. upload, post, or otherwise transmit through or on our Website any viruses or other harmful, disruptive, or destructive files;
  • use, frame, or utilize framing techniques to enclose any Mako trademark, logo, or other proprietary information (including the images found at our websites, the content of any text, or the layout/design of any page or form contained on a page) without Mako’s express written consent;
  • use meta tags or any other “hidden text” utilizing a Mako name, trademark, or product name without Mako’s express written consent;
  • deeplink to our Website without Mako’s express written consent;
  1. create or use a false identity on our websites, share your account information, or allow any person besides yourself to use your account to access our websites;
  • harvest or otherwise collect information about Mako users, including email addresses and phone numbers;
  • download, “rip,” or otherwise attempt to obtain unauthorized access to any Website Services, content or other materials; and
  • post any copyrighted material unless the copyright is owned by you.

Certain Website Services may include public forums, which include without limitation, discussion forums, message boards, blogs, chat rooms or instant messaging features. You acknowledge these public forums are for public and not private communications. You further acknowledge that any user generated content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the user generated content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum and for the consequences of submitting or posting same.

Mako reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Website, including without limitation any content thereof. Any decision by Mako to pursue or not take legal action for any particular violation of these Terms of Use shall not be construed as a waiver of any of these Terms or the legal rights of Mako.

Sweepstakes, Contests and Similar Promotions
Any sweepstakes, contest, or similar promotion made available through the HammerHeadswimcaps.com Website may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. Mako urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review the above security terms and Privacy Policy, which, in addition to this Agreement, will govern any information you submit in connection with such activities.

Money Matters
All prices shown on this Website are subject to change without notice. Prices stated at beginning of shipment apply. Mako arranges for shipment of products purchased on the site, but we are not liable for delays in shipments as shipping schedules are estimates and cannot be guaranteed. All payments (including shipping and handling charges) must be received by HammerHeadswimcaps.com prior to shipping.

Important sales tax notice
Mako is required by law to collect applicable sales or use tax on shipments to states where Mako maintains a place of business or has a business relationship. These taxes are added to your order.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY WARRANTY

WARNNG! No swim cap can protect you from serious brain and/or neck injuries including paralysis or death. Use only while swimming and as directed. This swim cap is ultra-thin and contains a system designed to reduce the effects of only minor direct impact with the honeycomb technology system. Do not use for any other purpose such as under a helmet. Follow directions.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, OR ANY INFORMATION, CONTENT, PRODUCTS, WEBSITE SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE WEBSITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MAKO LLC MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE WEBSITE, INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY. MAKO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL MAKO LLC. OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OF MAKO LLC. OR ANY OF THEIR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF PRODUCTS, THE WEBSITE, OR ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, INJURY, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

International Users
Our websites are controlled, operated, and administered by Mako from its offices within the United States of America. Mako makes no representation or warranty that the materials contained within our Website are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Website are illegal is prohibited. You may not use the Website or export the content or products in violation of U.S. export laws and regulations. If you access our websites from a location outside of the United States, you are responsible for compliance with any and all local laws, rules, regulations and ordinances.

Governing Law
These Terms of Use will be governed and interpreted pursuant to the laws of the State of Minnesota and the laws of the United States, notwithstanding any conflicts of law. You specifically consent to personal jurisdiction in Minnesota in connection with any dispute between you and us. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of or relating to these Terms of Use will be in the state and federal courts in Minnesota.

If you have any questions or concerns with respect to the Website or Website Services or these Terms, you may contact a representative of Mako at 1-888-842-5151, by email at info@hammerheadswimcaps.com or by mail at: 4150 Dallas Lane N, Plymouth, MN 55446.