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Terms of Service for Magnets.com

Terms of Service

The Magnets.com Web Site and related Internet properties (the "Site") is an online information service provided by Magnets.com, Incorporated, subject to your compliance with the terms and conditions set forth below.

Please read this document carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site. Magnets.com may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.

Restrictions On Use

Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are Magnets.com, its affiliates or other third party licensors. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software. Material from www.Magnets.com and any other World Wide Web site owned, operated, licensed, or controlled by Magnets.com or any of its related, affiliated, or subsidiary companies (together, "Magnets.com") may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Magnets.com. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree that you shall have no recourse against Magnets.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Magnets.com.

Restriction Of Liability

Magnets.com will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Magnets.com will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence or Magnets.com or an authorized representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.

Submissions

All remarks, suggestions, ideas, graphics, or other information communicated to Magnets.com through this site (together, the "Submission") will remain forever the property of the submitter and not Magnets.com. Magnets.com will treat any and all Submissions as confidential, and will not use or reproduce for commercial or other gains without prior consent of the submitter.   Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this site. This information is for internal purposes only and is not sold or otherwise transferred to third parties of Magnets.com or to other entities who are not involved in the operation of this site. Therefore, the above right to use Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you, not Magnets.com have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Disclaimer

The material in this site could include technical inaccuracies or typographical errors. Magnets.com may make changes or improvements at any time. The materials in this site are provided "as is" and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. Magnets.com disclaims all warranties or merchantability and fitness for a particular purpose. Magnets.com does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Magnets.com does not warrant or make any representations regarding the use of or the result of the use of the material in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Magnets.com) assume the entire cost of all necessary servicing, repair or correction. The above exclusion may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties.

Termination

Magnets.com or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from the Magnets.com site, and (b) all related documentation and all copies and installations (together, the "Materials"). Magnets.com may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.

Indemnification and Reservation of Rights

You agree to indemnify, defend and hold harmless Magnets.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.

Magnets.com reserves the right to release current or past member or Web site user information if Magnets.com believes that a member's account is being used to commit unlawful acts, if the information is subpoenaed and/or if Magnets.com deems it necessary and/or appropriate.

Third Party Rights

The provisions of paragraphs 3 (Use of the Site), and 8 (Indemnification) are for the benefit of Magnets.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Dealings with Third Parties

Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Magnets.com shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings. Please note: The Magnet Resources pages link to third party sites which are provided for your convenience only. Magnets.com is not responsible for and makes no representations concerning the condition and content of, or products offered at the third party sites. The links do not indicate, expressly or impliedly, that Magnets.com endorses the linked sites or the products or services offered there. You access the sites and use any products or services at your own risk.

Links

The Site may provide, or third parties may provide, links to non-internet.com Internet World Wide Web sites or resources. Because Magnets.com has no control over such sites and resources, you acknowledge and agree that Magnets.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Magnets.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Miscellaneous

These Terms and Conditions will be governed and be interpreted pursuant to the laws of the United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. Magnets.com can revise these Terms and Conditions at any time by updating this posting. Magnets.com products and services are available in many parts of the world. However, the Magnets.com site may describe products and services that are not available worldwide. This site may be linked to other sites which are not maintained by Magnets.com. Magnets.com is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Magnets.com of the sites.

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