TERMS AND CONDITIONS OF USE
Updated on: February 2, 2020
For purposes of this document, the following definitions apply:
1 – General. The website was developed to present information about MAGTECH, its products and news and to allow Users to contact the Company. The website was built taking into consideration the maximum level of adequacy to the most common browsers and mobile devices in the market.
2- Site Modifications. User understands and agrees that MAGTECH may discontinue or modify the Website at any time, in its sole discretion and without previous notice. Also, User understands and agrees that MAGTECH may discontinue or restrict User’s employment of the Website for any reason without notice.
3 – Content Use Limitations. User agrees not to copy, reproduce, modify, display, perform, publish, create derivative works from, or store any Content on the Website. User also agrees not to distribute, transmit, broadcast or circulate any Content to others, without the express previous written consent of MAGTECH, except that the User may, on an occasional and irregular basis, reproduce, distribute, display or transmit an insubstantial portion of such Content, for noncommercial purposes and without charge, to a limited number of individuals, provided that the User includes all copyright and other proprietary rights notices with that portion of the Content, in the same manner in which the notices appear on the Website, and the phrase “Used with permission from MAGTECH.”
User may not post any Content on forums, newsgroups, mail lists, electronic bulletin boards, or other websites, without the previous written consent of MAGTECH. Use of all Website Content is for non-commercial purposes only.
MAGTECH’s Content includes information, tips, facts, views, and opinions MAGTECH deems worthy of publication. MAGTECH does not give technical, business, or any other professional advice through or in connection with the Website.
The use of data mining software, such as bots, crawler, scrapers and spiders is forbidden, as well as accessing the Website’s programing areas, its database, its source code and any other data available.
4 – Trademarks. MAGTECH and any other trademarks, services, marks and trade names indicated on the Website, as well as other graphics, logos, page headers, button icons, scripts, and service names are owned, registered and/or licensed by MAGTECH. MAGTECH trademarks and trade dress may not be used in connection with any product or service that is not licensed or approved by MAGTECH, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MAGTECH. Third party trademarks and all other trademarks not owned by MAGTECH appearing on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MAGTECH.
5 – Copyright Protection. All content displayed on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MAGTECH or its content suppliers and protected by the United States and international copyright and other intellectual property laws. The compilation of all content on the Website is the exclusive property of MAGTECH and protected by the U.S. and international copyright laws. All software used on the Website is the property of MAGTECH or its software suppliers and protected by the United States and international copyright laws.
6 – Links to Other Websites. The Website contains hyperlinks to websites operated by third parties. These hyperlinks are provided for the benefit of the users of the Website. A hyperlink to a third-party website does not imply that MAGTECH endorses the content on or the business of the hyperlinked website. User is solely responsible for determining the integrity and reliability of the information on the hyperlinked website. Parties other than MAGTECH operate stores, provide services, or sell product lines on their online store sites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Websites. MAGTECH does not assume any responsibility or liability for the actions, product, and content offered by these or any other third parties. You should carefully review their privacy statements and other conditions of use.
7 – Product Descriptions. MAGTECH attempts to be as accurate as possible. However, MAGTECH does not warrant that product descriptions or other content of this website is accurate, complete, reliable, current, or error-free. If a product offered by MAGTECH is not as described, your remedy is to return it to the retailer where the product was purchased.
8 – Disclaimer. Although MAGTECH strives to provide high quality content, MAGTECH does not guarantee or warrant the accuracy, completeness or timeliness of the Website Content.
USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE USE OF THE INFORMATION FROM THE WEBSITE IS AT USER’S SOLE RISK. THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAGTECH EXPRESSLY DISCLAIMS TO THE USER ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MAGTECH MAKES NO WARRANTY THAT THE CONTENT WILL MEET USER’S REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE AND THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES MAGTECH MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT. USER UNDERSTANDS AND AGREES THAT ANY DOCUMENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS INFORMATION SERVICE IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. MAGTECH MAKES NO WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD-PARTY WEBSITE. NO INFORMATION OBTAINED BY USER FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER.
9 – Limitation of Liability. BY USING THE WEBSITE, USER AGREES THAT UNDER NO CIRCUMSTANCE SHALL MAGTECH BE HELD RESPONSIBLE FOR ANY INFORMATION CONTAINED IN, DISPLAYED ON OR OMITTED FROM THE WEBSITE; ANY PERSON’S RELIANCE ON ANY SUCH INFORMATION, WHETHER OR NOT THE INFORMATION IS CORRECT, CURRENT OR COMPLETE; THE CONSEQUENCES OF ANY ACTION USER OR ANY OTHER PERSON TAKES OR FAILS TO TAKE BASED ON INFORMATION PROVIDED BY OR AS A RESULT OF THE USE OF THE WEBSITE.
USER SPECIFICALLY AGREES THAT MAGTECH IS NOT LIABLE FOR ANY CONDUCT BY THE USER ASSOCIATED WITH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ACTIVITIES RELATING TO DATABASES, DIRECTORIES, COMMUNITIES, RESUMES, USER PROFILES, SURVEYS, CHAT ROOMS, MESSAGE BOARDS OR OTHER SERVICES CURRENTLY OFFERED OR THOSE SERVICES THAT WILL BE OFFERED IN THE FUTURE.
IN NO EVENT SHALL MAGTECH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE, OR FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR CHANGE OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF ANTICIPATED PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN THOUGH MAGTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT MAGTECH IS FOUND LIABLE, ITS LIABILITY TO USER OR ANY THIRD PARTIES IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
10 – Revocation of Access. MAGTECH reserves the right to revoke User’s access to the Website or any use authorizations relating to the Website granted to User.
12 – Reviews, Comments, Communications, and Other Content. Visitors may post reviews, comments, and other content; send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise harmful to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of an email or other content. MAGTECH reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
Should you post content or submit material, and unless we indicate otherwise, you grant MAGTECH a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MAGTECH the right to use the name that you submit in connection with such content, should we choose to do so. You present and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MAGTECH for all claims resulting from content you supply. MAGTECH has the right but not the obligation to monitor and edit or remove any activity or content. MAGTECH takes no responsibility and assumes no liability for any content posted by you or any third party.
14 – Indemnity. User agrees to indemnify MAGTECH against any and all claims and expenses, including attorneys’ fees, arising from the User’s use of the Website or breach of the Agreement.
15 – Applicable Law. User acknowledges that the Content contained in this Website is controlled in and originates from the United States. MAGTECH makes no representation that any of the Content is appropriate or available for use in other locations. MAGTECH assumes no responsibility for any access to this website from territories where the Content may be illegal or otherwise prohibited. Users who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
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