PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS (COLLECTIVELY WITH ANY AMENDMENTS “TERMS AND CONDITIONS”) BEFORE PLACING AN ORDER OR USING THIS WEBSITE. THIS WEBSITE – DRINKMAGNAK.COM – IS OWNED AND OPERATED BY IGH NATURALS, LLC, 4465 GRANITE DRIVE, SUITE #700, ROCKLIN, CA 95677, DBA ‘MAGNAK®’. MAGNAK AND ITS AFFILIATES (COLLECTIVELY “MAGNAK“, “US”, “THE”, “WE” OR “OUR”). THESE TERMS AND CONDITIONS MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION PROCEEDING.
BY USING THIS WEB SITE OR ANY WEB SITE OF MAGNAK. (THE ‘SITES’) AND/OR PLACING AN ORDER FOR MAGNAK PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE AND PLACE AN ORDER FOR MAGNAK PRODUCTS AND SERVICES.
IF YOU ARE NOT 18 YEARS OF AGE, YOU MUST USE THIS SITE AND/OR PURCHASE AND USE MAGNAK PRODUCTS OR SERVICES ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE OR ORDER OR USE MAGNAK PRODUCTS OR SERVICES.
We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Your continued use of the Sites and/or other products or services of MAGNAK after any such changes constitutes your acceptance of the new Terms and Conditions. Any updates or amendments will be posted on the Sites. The Terms and Conditions displayed on the Sites at the time the order is accepted will apply to the order. These Terms and Conditions govern and apply to your (“you” or “your”) access to and use of the Sites and their related domains on which these Terms and Conditions appear, any order you place through any of the Sites, and to all products and services we supply, produce, distribute, or market.
To the extent of any express inconsistency with any other agreement you may have with MAGNAK for products, services, or otherwise, that other agreement shall prevail unless otherwise explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Sites. If you register for our Support Center features, additional rules, policies, and disclaimers may apply.
Unused or unopened product can be returned at the customer’s expense, within 30 days of purchase. Customer is responsible for any costs of return shipping. To request a refund, please contact our Customer Service at firstname.lastname@example.org and we will provide you a return shipping address. No RMA or authorization is required. You may also call our Customer Care at email@example.com. Refunds will be issued only after our fulfillment center has inspected your return. No refunds will be issued after our 30-Day Money Back Guarantee period has expired. All promotional product discount offers, that were given free shipping, that are cancelled or returned are considered early termination and may be subject to a shipping charge at the time of cancellation or product return. Please refer to our Return and Refund Policy for complete information.
*Prices and Packages are subject to change at any time without notice.
MAGNAK is not responsible delays in shipping, due to inclement weather, holidays, or world or local disaster. Please refer to our Shipping Policy for complete information.
You must only use the Sites for lawful purposes federally and within your state and local jurisdiction, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Sites. Any products purchased on or through the Sites is sold with to you with your explicit understanding and agreement that you are legally entitled and permitted to purchase and possess the products federally and within your state and local jurisdiction.
You may not without our prior written consent:
Copy, reproduce, use, or otherwise deal with any content on the Sites;
Modify, distribute, or re-post any content on the Sites for any purpose; or
Use the content of the Sites for any commercial exploitation whatsoever.
In using the Sites, you further agree:
Not to disrupt or interfere with the security of, or otherwise abuse, the Sites, or any services, system resources, accounts, servers, or networks connected to or accessible through the Sites or affiliated or linked sites;
Not to disrupt or interfere with any other user’s enjoyment of the Sites or affiliated or linked Web sites;
Not to upload, post, or otherwise transmit through or on the Sites any viruses or other harmful, disruptive, or destructive files;
Not to use, frame, or utilize framing techniques to enclose any MAGNAK trademark, logo, or other proprietary information (including the images found at the Sites, the content of any text, or the layout/design of any page or form contained on a page) without MAGNAK’s express written consent; not to use meta tags or any other “hidden text” utilizing a MAGNAK name, trademark, or product name without MAGNAK’s express written consent;
Not to deeplink to the Sites without MAGNAK’s express written consent;
Not to create or use a false identity on the Sites, share your account information, or allow any person besides yourself to use your account to access the Sites;
Not to collect or store personal data about others;
Not to attempt to obtain unauthorized access to the Sites or portions of the Sites that are restricted from general access; not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violate of any law.
You also agree not to post any copyrighted material unless the copyright is owned by you or by MAGNAK; and to be bound by the Product Submission Policies of MAGNAK, including that any product submission you may make to MAGNAK will not be held in confidence by MAGNAK, and is not proprietary, that MAGNAK may use the product submission and any aspect thereof for any purposes in MAGNAK’s sole discretion, and that MAGNAK owes no duties or obligations with respect to you or the product submission made. In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on the Sites. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Sites. We have the right to remove any material or posting you make on the Sites if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions. The views and opinions of authors, trainers, experts and any other contributors expressed herein do not necessarily state or reflect the attitudes and opinions of MAGNAK. These views and opinions shall not be attributed to or otherwise endorsed by MAGNAK, and may not be used for advertising or product endorsement purposes without the express, written consent of MAGNAK.
Content Uploaded to the Sites
In the event that you upload any photographs, comments, video clips, or other media to the Sites (the “Uploaded Content”), MAGNAK has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or Web sites, in perpetuity throughout the world as MAGNAK in its sole discretion sees fit without further consent or payment. MAGNAK has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. MAGNAK has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. MAGNAK may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at MAGNAK’s sole discretion. MAGNAK is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.
Users of the Sites must only post Uploaded Content that is owned by, and features, themselves, and no other third parties. Users posting Uploaded Content via a user profile must treat their login credentials and password confidential and ensure that they are not shared with any third that might jeopardize the security of their account.
Changes to the Sites
MAGNAK may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Sites or any products available through or outside of the Sites, temporarily or permanently, including the availability of any features of the Sites or access to any parts of the Sites, at any time without notice to you, and you agree that MAGNAK shall not be liable therefor.
MAGNAK makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from the Sites, or sites linking to these Sites. The linked sites are not under the control of MAGNAK, and MAGNAK is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by MAGNAK of the site or any information contained therein. When leaving the Sites, you should be aware that MAGNAK Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
Copyright and Trademarks.
All the Sites’ materials, including, without limitation, MAGNAK and all MAGNAK product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © 2020, MAGNAK. ALL WORLDWIDE RIGHTS RESERVED. Unless expressly stated otherwise, MAGNAK or its suppliers or licensors own and retain other proprietary rights in all products available through the Sites. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of MAGNAK or the respective copyright owner. You may not, without the express written permission of MAGNAK or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the Sites, its content, or services or products obtained through the Sites; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the Sites or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of MAGNAK or any third party.
Together with other logos and product names described on the Sites, the following is a trademark or registered trademark of MAGNAK, in the United States and other countries: ‘MAGNAK’. This trademark may not be copied, imitated, or used, in whole or in part, without the prior written permission of MAGNAK or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of MAGNAK, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MAGNAK. Other names and brands may be claimed as the property of others.
Copyright Policy and Copyright Agent
It is MAGNAK’s policy to respect the copyright and intellectual property rights of others. MAGNAK may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, MAGNAK may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, MAGNAK complies with the Digital Millennium Copyright Act. If you believe that MAGNAK or any user of our Sites has infringed your copyright in any material way, please notify MAGNAK, and provide the following:
An identification of the intellectual property right claimed to have been infringed;
An identification of the material that you claim is infringing so that we may locate it on the Sites; your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the owner, their licensee, and agent of either of the foregoing, or the law; and a statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the intellectual property involved.
Please direct inquiries regarding intellectual property infringement issues by email to firstname.lastname@example.org, or by mail to:
MAGNAK, c/o IGH NATURALS, LLC
4465 GRANITE DRIVE,
ROCKLIN, CA 95677
Attn.: Chief Legal Officer
You agree to indemnify and hold harmless MAGNAK, its parents, subsidiaries, shareholders, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms and Conditions, or your violation of any rights of a third party.
For questions about the products or services on this Site, please use the Customer Service email links found on each product page or section. For questions about orders placed through the Sites or otherwise, please use the Customer Service link in the email receipt you receive.
Most of our products carry a specific money back guarantee, return or exchange policy starting from the date that the product is purchased by you. You may check with Customer Service for information. For some perishable products, or products which, once opened, may present a risk of contamination, we may not accept a return, although we may issue a refund if qualified.
To return or exchange a product, please contact our Customer Service at email@example.com for a return shipping address (customers are responsible for the cost of return shipping) and return the product within the required time period specific to your product. Products that come with a money-back guarantee will receive a refund of the purchase price, less any applicable shipping and handling and/or restocking fee/fees. We will not be responsible for any loss or damage to returned products that occur in transit. If returned products are lost or damaged in transit, we reserve the right to charge you for, or not refund any amounts attributable to, such products or loss or damage. Should you experience any difficulty or delay in returning a product and securing the proper refund, please contact our Customer Service Center at firstname.lastname@example.org.
Product and Service Descriptions
We have taken reasonable precautions to try to ensure that all product descriptions, prices and other information shown on the Sites are correct and fairly described. However, when ordering products or services through the Sites, please note that:
MAGNAK reserves the right not to accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect;
All prices are displayed in United States Dollars unless expressly indicated otherwise; packaging may vary from that shown on the Sites;
Any weights, dimensions, and capacities shown on the Sites are approximate only; and all items are subject to availability and we will inform you as soon as reasonably possible if the product(s) or service(s) you have ordered is not available and whether we may offer you an alternative product(s) or service(s) of equal or higher quality and value.
Please also note that the terms of any products offered by MAGNAK and/or purchased by you, such as pricing, specifications, delivery times, and/or package contents are subject to change by MAGNAK by providing you advanced notice, including by posting notice of the change on our Sites, sending you an email to the address you provided at purchase. MAGNAK will not incur any obligation as a result of such change. As a valued customer, you are always free to cancel future orders at any time by calling our friendly Customer Service. By continuing to accept products after we have notified you of a change to any terms, you will be deemed to have accepted the change.
Order and Payment Information
If you use the Sites or other means to purchase a product, payment must be received by MAGNAK prior to MAGNAK acceptance of an order, unless otherwise agreed by MAGNAK. All MAGNAK products are subject to sales tax which will be applied to your order total. MAGNAK may need to verify information you provide before MAGNAK accepts an order and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, MAGNAK will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. MAGNAK expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.
In ordering products through the Sites or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to MAGNAK is registered to you. MAGNAK shall have the right to bar your access to and use of the Sites or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to MAGNAK, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the Sites is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
Please choose the product that’s right for you. As part of your purchase you may be enrolled in our auto-delivery program, which allows you to cancel, reschedule or customize future shipments at any time with no minimum purchase required. Price and offer details for your selection are in the order summary on the checkout page, and a reminder email will be sent to you prior to any charge. We know you’re going to love your purchase, but if you’re unsatisfied for any reason all, unopened/unused, purchases are covered by our 30-Day Money Back Guarantee, less restocking fee/fees.
MAGNAK may reject orders where the stated delivery address is outside the United States. If stated, MAGNAK will add applicable shipping and handling fees.
MAGNAK descriptions of, or references to, products not owned by MAGNAK on and outside of the Sites do not imply endorsement of that product, or constitute a warranty, by MAGNAK.
MAGNAK does not directly sell certain MAGNAK products in any jurisdiction other than the United States of America and Canada as these products may not be approved for sale in other jurisdictions.
Unless otherwise noted, MAGNAK will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although MAGNAK may provide delivery or shipment timeframes or dates, you understand that those are MAGNAK good-faith estimates and may be subject to change. You further understand that product availability may be limited, and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. MAGNAK shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.
The delivery time for shipments within the United States or for shipments outside the United States, including to U.S. territories, Alaska and Hawaii, may take up to 7-21 days, and we do not ship to P.O. Boxes. Shipping and processing fees are non-refundable.
We reserve the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion.
CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS FOR SALE ON OR OUTSIDE THE SITES MAY BE APPLICABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH MAGNAK. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH OR OUTSIDE THE SITES.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITES AND OTHER PRODUCTS AND SERVICES OF MAGNAK IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE SITES AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT AND OTHERWISE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT MAGNAK DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THE SITES, INCLUDING, BUT NOT LIMITED TO, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO MAGNAK FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, MAGNAK AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OR OUTSIDE OF THE SITES. NOR DOES MAGNAK MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITES, ANY PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITES, OR ITS CONTENT.
ALTHOUGH MAGNAK STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITES, MAGNAK DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE SITES IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, MAGNAK DOES NOT WARRANT THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
MAGNAK DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITES WILL BE MAINTAINED. TO THE EXTENT ALLOWED BY LAW, MAGNAK DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT EXPLICITLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The terms of this section apply to the extent permitted by law and survive any termination of the Terms and Conditions.
Limitations on Liability
WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL MAGNAK OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITES; (II) THE USE OR INABILITY TO USE THE SITES; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITES; (IV) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITES OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THIS AGREEMENT/TERMS AND CONDITIONS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF MAGNAK OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MAGNAK LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST 90 DAYS TO MAGNAK FOR ANY PRODUCTS SUPPLIED BY MAGNAK THROUGH YOUR USE OF THE SITES OR OTHERWISE.
MAGNAK WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS AND CONDITIONS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR. THESE EXCLUSIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE UNITED STATES OF AMERICA. IF ANY PROVISION OR PART-PROVISION OF THESE TERMS AND CONDITIONS SHALL BE INVALID, UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE IT SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS OF THESE TERMS AND CONDITIONS.
The terms of this section survive any termination of the Terms and Conditions.
The Sites are controlled, operated, and administered by MAGNAK from its offices within the United States of America. MAGNAK makes no representation that materials on the Sites are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the Sites are illegal is prohibited. You may not use the Sites or export the content or products in violation of U.S. export laws and regulations. If you access the Sites from a location outside of the United States, you are responsible for compliance with all local laws.
Notwithstanding any of these Terms and Conditions, MAGNAK reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the Sites and to block or prevent future access to and use of the Sites. You agree that MAGNAK shall not be liable for any termination of your use of or access to the Sites.
Only you and MAGNAK shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.
If any provision of these Terms and Conditions, or part thereof, shall be deemed invalid, unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision, or part thereof, shall be deemed severable from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions or part thereof.
The terms of this section survive any termination of the Terms and Conditions.
It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English.
DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
The terms of this Section shall apply to all Disputes between you and MAGNAK. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and MAGNAK arising under or relating to the Products, the Sites, this Agreement, or any other transaction involving you and MAGNAK, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND MAGNAK AGREE THAT “DISPUTE” AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR MAGNAK FOR (A) TRADE SECRET MISAPPROPRIATION, (B) PATENT INFRINGEMENT, (C) COPYRIGHT INFRINGEMENT OR MISUSE, AND (D) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in this Agreement, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
You and MAGNAK further agree: (a) to arbitrate all Disputes between the parties pursuant to the provisions in this Agreement; (b) this Agreement memorializes a transaction in interstate commerce; (c) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (d) this Section shall survive termination of this Agreement. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction could and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties. Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
In the event of a Dispute, you or MAGNAK must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to MAGNAK must be addressed to: MAGNAK, c/o IGH NATURALS, LLC, 4465 GRANITE DRIVE, ROCKLIN, CA 95677, Attn.: Chief Legal Officer (the “MAGNAK Notice Address”).
The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If MAGNAK and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or MAGNAK may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND MAGNAK AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
The Terms and Conditions constitute the entire agreement between MAGNAK and you with respect to your use of the Sites, your purchase of products and services through the Sites, and as applicable any products or services of MAGNAK. Any cause of action you may have with respect to the Sites or MAGNAK products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and MAGNAK, and you do not have any authority to create any obligation or make any representation on MAGNAK behalf. You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without MAGNAK written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and MAGNAK and their respective successors and assigns. The terms of this section survive any termination of the Terms and Conditions.
Other Important Terms
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
CURRENT AS OF APRIL 1, 2020
THESE TERMS & CONDITIONS MAY BE UPDATED BY US WITHOUT ADVANCE NOTICE IN OUR SOLE DISCRETION