TERMS OF USE
Effective Date: October 28, 2021
The website www.themagnetlab.com is owned and operated by The Magnet Lab, LLC. (“Company”, “We”, or “Us”). The term “You” refers to any visitor or user of this website.
These Terms of Use govern your use of this site and any mobile applications or other online services where these Terms of Use are posted (collectively, the “Website”). Unless explicitly stated otherwise, any new tools or applications that alter or improve the current Website will be included in the definition of “Website.” Your use of the Website is subject to these Terms of Use, which You acknowledge, agree to and consent to by using the Website. These Terms of Use include our Privacy Policy, which is available at www.themagentlab.com/privacypolicy, hereby incorporated by reference.
We have the right to update the Terms of Use at any time. When We do, We will post a notification on the main page of our Site, revise the updated date at the top of this page. We encourage Users to frequently check this page for any changes to stay informed about how We changes to the Terms of Use. You acknowledge and agree that it is your responsibility to review these Terms of Use and our Privacy Policy periodically and become aware of modifications. By continuing to access or use our website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, please stop using the website.
You should print a copy of these Terms of Use for future reference. When using the Website, You will be subject to all displayed rules and policies. Such rules and policies are hereby incorporated by reference into these Terms of Use.
YOUR CONDUCT & WARRANTIES
By using this site and/or by placing an order for Products/Programs, You represent that You are at least 18 years of age and are legally able to enter into a valid contract. You represent and warrant that You will not use the Website to:
Violate any law (including without limitation laws related to torts, contracts, export controls, patents, trademarks, trade secrets, copyrights, defamation, obscenity, rights of publicity, or other rights) or encourage or provide instructions to another to do so;
Misrepresent any fact (including without limitation your identity);
Post or otherwise submit to us any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial-of-service attack or similar conduct;
Exceed your authorized access to any portion of the Website;
Collect or store personal data about anyone;
Modify without permission any part of the Website;
Obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Website;
Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;
Use any robot, spider, scraper, or other automated means to access the Website for any purpose;
Take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; or,
Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website or bypass any measures We may use to prevent or restrict access to the Website.
TERMINATION OF SERVICE
You agree that We may, without prior notice, immediately terminate, limit your access to this website and/or your account, or suspend your account based on any of the following: (a) breach or violation of these Terms of Use Conditions; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or, (e) fraudulent, deceptive, or illegal activity, or other activity which We believe is harmful to this Website or its business interests. You agree that termination, limitation of access and/or suspension will be made in Our sole discretion and that We shall not be liable to You or any third party for the termination, limitation of access, and/or suspension of your account.
3. SECURITY
For more information about what data We collect and how We process, store and protect such information, please refer to our Privacy Policy.
4. INTELLECTUAL PROPERTY RIGHTS
Any trademarks, taglines, and logos displayed on this website are trademarks belonging to us, or are licensed to us for our use, unless otherwise indicated. Other trademarks, service marks, names, and logos used on or through the Website, such as trademarks, service marks, names, or logos associated with third party organizations, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
All rights not expressly granted in these terms or any express written license, are reserved by us.
5. DISCLAIMERS, LIMITATION OF LIABILITY & RELEASE OF CLAIMS
By using our Website You implicitly agree to the following Disclaimers:
Warranties Disclaimer.
YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY PART OF THE WEBSITE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE WEBSITE RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (5) THE WEBSITE, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Links to Other Websites.
We may provide links and pointers to other websites maintained by third parties that may take You outside of our website. These links are provided for your convenience and the inclusion of any link to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and We are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included on our website. We have no control over the contents or functionality of those websites and so We accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore We do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that You understand and agree with those policies.
Limitation of Liability.
To the fullest extent allowed by law, We will not be held responsible or liable to You in any way for any loss or damage of any sort incurred as a result of the following: DELAYING, REJECTING, OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU; MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE WEBSITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER; IMMEDIATELY TERMINATING YOUR ACCESS TO THE WEBSITE FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU; THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE WEBSITE; OR ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD-PARTIES FOUND ON OR THROUGH THE WEBSITE.
Release of Claims.
In no event will We be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our website, or on those affiliated with us in any way, and You hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if We are expressly advised of the possibility of such damages or difficulties. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
If You have a dispute with any party who provides advertising or third-party services on or through the Website, or with any party who provides a website linked to on the Website, You release us from any and all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
6. INDEMNIFICATION
You will indemnify and hold us harmless from any and all third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and expenses), relating to or arising under or out of the relationship between You and us described in these Terms and Conditions, including any breach of the representations and warranties contained herein. You hereby agree that We have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
In the event of a dispute between us, You agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our services. Where requested by law or arbitration, of course, You are not prohibited from sharing your thoughts and opinions as a part of the legal process.
If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.
9. MISCELLANEOUS
These Terms of Use constitute the entire agreement between You and Us and govern your use of the Website. These Terms of Use supersede any prior agreements between You and us with respect to the Website.
These Terms of Use and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.
Any failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms and Conditions must be in writing.
Unless otherwise expressly stated herein, the laws of the United States of America and the laws of the Commonwealth of Massachusetts, without regard to the principles of conflicts of laws, will govern this Agreement, your use of the Website, and all matters relating to your access to, and/or use of, the Website, including all disputes between You and us. You also agree that the Website will be deemed solely based in Massachusetts.