TERMS

Any breach of these Terms can result in the immediate revocation of the license granted in this paragraph without notice to You.

 

All content on the Site including, but not limited to, text, graphics, images, video, software, product designs, production methods and trademarks ("Marks" collectively) belong exclusively to Magnus and are protected by US and international copyright, trademark, and other intellectual property laws.

 

You WILL not use of any of our Marks without Magnus express written consent and is otherwise is strictly prohibited.  You may not use our Marks in meta tags without prior written consent.

 

You WILL not reproduce, distribute, display, sell, lease, transmit, modify or otherwise exploit this Site or any portion of it without Magnus express written consent. You WILL not make commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business.

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You WILL not upload to, distribute, or otherwise publish through this Site any content, information or material that:

     1.  violates or infringes others’ copyrights, patents, Marks other proprietary rights;

     2.  is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law;

     3.  includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties;

     

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Changes to these Terms

We reserve the right to change or remove any service, content, products or functionality at any time and at Magnus' sole discretion.

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Limitation of Liability

You agree that use of the Site is at your sole risk, and that the Site, and all content included therein, are provided to You “AS IS.” Magnus makes no warranties or representations about the accuracy or completeness of the Site or any content accessible via the Site or products purchased thereby except as expressly provided in these Terms and assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content, or property damage, resulting from your access, use, or purchase from Site or products purchased thereby, any unauthorized access to or use of Magnus secure servers and all information stored therein, any interruption or cessation of transmission to or from the website, and any bugs, viruses, Trojan horses, or similar harmful code or properties that may be transmitted to or through the Site. To the fullest extent permitted by applicable law, in no event shall Magnus be liable for injury claims under contract, tort, strict liability, negligence or other legal theory for any lost profits or special, indirect, incidental, or consequential damages of any kind whatsoever, substitute services or for any direct damages in excess of and in the aggregate equal to $100.

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Indemnity

You agree to defend, indemnify and hold harmless Magnus, its subsidiaries, agents, licensors, managers, board members and other affiliated companies, and their employees, contractors, agents, officers and directors (the “Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney's fees) with the exception of those caused by the Parties negligence.

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Links, Web Sites and Services

The Site contains links to other websites that we think may be of interest to You. We do not endorse or sponsor any third party websites or the information, products, or services contained on any third party websites and we have no control over third party websites or their content. Access to and use of any third party website is solely at your own risk.

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Prohibited Uses

You may not under any condition, without prior written Magnus consent, use or reuse product listings, descriptions or prices; mine the Site for data; download, copy, mirror, archive, intercept or redirect content or use or access an unauthorized account or purchase product for resale. Using bots, spiders other indexing agents or other devices to copy the Site or to hide your identity when accessing the Site is also strictly prohibited. You agree you will impose only the load on the Site which is necessary to make a purchase.

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Returns and Refunds

All returns and refunds are evaluated at the time of request.  Magnus, at its sole discretion, may accept or deny a claim for a refund.  Our goal is always for you to love Magnus.

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Conditions of Sales and Payment

Published prices do not include taxes.  Prices may be changed, without notice, at any time. Acceptable payment methods will be indicated on the check out page.  Magnus payment terms for non credit card, approved orders shipping to a business are 50% deposit payable when order is placed and balance invoiced Net 30 at time shipment. Payment on open accounts is due in full 30 days after shipping. Discounts and promotions may be modified or revoked at any time without notice.

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Typographical Errors

If there are typographical errors in product descriptions, prices or similar information, we will correct them as soon as possible. Pricing errors, while infrequent, may occur.  If, You experience during the order process, we will contact You to find a solution that remedies the situation.  Remedy may be a sales concession made by Magnus and can include cancellation of the order if there is not a reasonable resolution found.  Magnus reserves the right to determine, at its sole discretion, the proper remedy.

 

Magnus reserves the right to refuse service to anyone who we believe is acting in a fraudulent or abusive manner or otherwise not living up to their obligations under these Terms.

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Dispute Resolution

You and Magnus each agree that all claims, controversies, and disputes between You and Magnus, including those arising out of or related to the Site, Magnus products, or these Terms (“Dispute” or collectively “Disputes”), will be resolved by binding arbitration by a single neutral arbitrator, provided, however, You and Magnus are not precluded from taking any elgible Dispute to small claims court. By agreeing, You acknowledge that You and Magnus each agree to forfeit and waive any right to assert Dispute(s) or take other legal action in a court of law or have a jury hear and decide Dispute(s) and further agree to forfeit the ability to proceed in class actions, consolidated actions or representative actions, either participating as a class or representative member. Unless otherwise agreed upon, the American Arbitration Association (“AAA”) will arbitrate all disputes and the AAA’s Consumer Arbitration Rules, but excluding AAA’s Supplemental Rules for Class Arbitration, will apply.  You and Magnus each agree to only pursue Disputes on an individual basis and will not pursue Disputes, whether in arbitration or otherwise, on a class, consolidated, or representative basis, regardless of the application of procedural rules.  If, any portion of this arbitration provision shall be found to be unenforceable, that portion will be severed, and the rest of this arbitration provision will remain in effect. A copy of the AAA Commercial Arbitration Rules is available at www.adr.org/commercial and is incorporated herein by this reference as though set forth in full. You further each agree that the location of where the Dispute will be resolved will be the largest city in your state within 100 miles of where you live. You also agree that for arbitrated Disputes, the arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. An arbitrator may award, on an individual basis, any relief authorized by law, including injunctive or declaratory relief and reasonable attorneys’ fees. You are each are responsible for your or its respective costs relating to the arbitration.  Dispute to the address at bottom of this Section. You may opt out of the agreement to arbitrate in this Section by providing written notice of your election to opt out by mail to address at bottom of this Section no more than 45 days following the date you first accept these Terms, expressly indicating that you are opting out of the agreement to arbitrate in this Section and including your name and address, provided that the election will not be effective until it is received.  It is also agreed that these Terms affect interstate commerce, so the Federal Arbitration Act, not state law, applies including with respect to any question of whether a Dispute is subject to arbitration (despite the choice of governing law). In accordance with the FAA, the appointed arbitrator must interpret, apply and enforce this Section as written.

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Address for notices:

Magnus

4353 N. 1st Street

San Jose, CA 95134

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Assignment

You may not assign, transfer, or sublicense your rights, if any, in the Site. We may assign these Terms, in whole or in part, at any time, with or without notice to You.

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Governing Law

These Terms are governed by California law and will be heard only in the courts located in Santa Clara County, California.  The fact that the Site may be available to You outside of California should not be interpreted as giving any other State or country jurisdiction over us.

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General

These Terms, together with any amendments, incorporated terms or policies, and any additional written agreements, shall constitute the entire agreement between You and Magnus. If, any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. Section titles are only for convenience and have no legal or contractual significance. No waiver of any portion of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Magnus' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. A waiver will only be binding on us if it is in writing and signed by Magnus. You further hereby agree that no claim, action or proceeding can or will be pursued against Magnus more than one (1) year after any cause of action occurred.

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Contact Us

Please send any questions or comments regarding the Site to:

orders@magnusnow.com