Acceptance of the Terms and Conditions
These terms and conditions are entered into by and between You and Magna-Matic Corp., a Wisconsin corporation ("Magna-Matic Defense," "we," or "us"). The following terms and conditions ("Terms and Conditions") govern your access to and use of www.magna-matic-defense.com, including any content, functionality, and services offered on or through www.magna-matic-defense.com (the "Website"), whether as a guest or a registered user.
The entire content included in this Website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Magna-Matic Defense. The collective work includes works that are licensed to Magna-Matic Defense. Copyright 2019, Magna-Matic Defense. All Rights Reserved.
Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with Magna-Matic Defense or purchasing Magna-Matic Defense products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order with Magna-Matic Defense or to purchase Magna-Matic Defense products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless authorized by Magna-Matic Defense. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.
Magna-Matic Defense’s name, the Magna-Matic Defense’s trademarks, the Magna-Matic Defense logo, and all related names, logos, product and service names, designs and slogans are trademarks of Magna-Matic Defense or its subsidiaries, affiliates, or licensors. You must not use such marks without the prior written permission of Magna-Matic Defense. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
This Website and the materials and products on this Website are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Magna-Matic Defense disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Magna-Matic Defense does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that the defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or other harmful components. Magna-Matic Defense does not make any warrantees or representations regarding the use of the materials in this Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate Magna-Matic Defense, a Magna-Matic Defense employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Magna-Matic Defense or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Limitation of Liability
To the fullest extent provided by law, in no event will Magna-Matic Defense, or its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for any indirect, special, incidental, punitive, or consequential damages that result from the use of, or the inability to use, the materials on this Website or the performance of the products, even if Magna-Matic Defense has been advised of the possibility of such damages.
In the event that a Magna-Matic Defense product is mistakenly listed at an incorrect price, Magna-Matic Defense reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Magna-Matic Defense reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Magna-Matic Defense shall issue a credit to your credit card account in the amount of the incorrect price.
Magna-Matic Defense reserves the right to terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.
Magna-Matic Defense may deliver notice to you by means of e-mail, a general notice on the Website, or by other reliable method to the address you have provided to Magna-Matic Defense.
Governing Law and Jurisdiction
Your use of this Website shall be governed in all respects by the laws of the state of Wisconsin, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of Magna-Matic Defense products) shall be in the state or federal courts located in Sheboygan County, Wisconsin. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Magna-Matic Defense products) must be commenced within one (1) year after the claim or cause of action arises. Magna-Matic Defense's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. Magna-Matic Defense may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Website
Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Magna-Matic Defense or other licensed employee, host, or representative, as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.
Magna-Matic Defense does not and cannot review all communications and materials posted to or created by users accessing the Website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Magna-Matic Defense is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, Magna-Matic Defense reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Magna-Matic Defense in its sole discretion.
You agree to defend, indemnify, and hold harmless Magna-Matic Defense, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Website.
In an attempt to provide increased value to our visitors, Magna-Matic Defense may link to sites operated by third parties. However, even if the third party is affiliated with Magna-Matic Defense, Magna-Matic Defense has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Magna-Matic Defense. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Magna-Matic Defense seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Changes to the Terms and Conditions
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.