Conditions of Use

Last Updated: September 29, 2017

Welcome to MPS North America LLC and/or its affiliates (d/b/a “mag+“). mag+ permits your access and use of this website subject to the following conditions. If you visit or shop at www.magplus.com, you accept these Conditions of Use. Please read these Conditions of Use carefully. In addition, when you purchase, access or use any specific product (whether software or hardware) offered by mag+, you will also be subject to the guidelines, terms and agreements (“Terms“) applicable to such product. If these Conditions of Use are inconsistent with such Terms, the Terms will control.

PRIVACY

Please review our Privacy Policy posted at www.magplus.com, which also governs your visit to www.magplus.com, to understand our privacy related practices.

ELECTRONIC COMMUNICATIONS

When you visit www.magplus.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All the contents included on this site, including, without limitation, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of mag+ or its content suppliers as the case may be and is protected by the United States and international copyright laws. The compilation of all content on this site as well as all software available on or via this site are the property of mag+ or its software suppliers and are protected by the United States and international copyright laws.

TRADEMARKS

The mag+ trademark, URL and other www.magplus.com or mag+ graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of mag+ are mag+’s intellectual property according to the law. mag+’s trademarks and trade dress may not be used in connection with any product or service that is not mag+’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits mag+. All other trademarks not owned by mag+ that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by mag+. mag+ does not grant any rights for you to use the mag+ trademark or any third party trademarks, service marks, or other intellectual property that appear on this www.magplus.com website.

LICENSE AND SITE ACCESS

mag+ grants you a limited license to access and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of mag+. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of mag+. You may not frame or utilize framing techniques to enclose any copyright, trademark, logo, or other proprietary information (including images, text, page layout, or form) of mag+ without express written consent of mag+. You may not use any meta tags or any other “hidden text” utilizing mag+’s name or trademarks without the express written consent of mag+. Any unauthorized use terminates the permission or license granted by mag+. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.magplus.com so long as the link does not portray mag+, or its products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any mag+ logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT (SHOULD YOU HAVE AN ACCOUNT WITH mag+)

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. mag+ sells products to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may use www.magplus.com only with your parents or guardian’s involvement and consent. mag+ reserves the right to, in its sole discretion, refuse service, terminate accounts, remove or edit content, or cancel orders.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT (TO THE EXTENT APPLICABLE)

Visitors may (to the extent made possible on this website) post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious 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 a card or other content. mag+ reserves the right (but not assume the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise in writing, you grant mag+ a nonexclusive, royalty-free, free-of-charge, perpetual, irrevocable, and fully sub licensable 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 mag+ and sublicense the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content 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 you will indemnify mag+ for all claims resulting from content you supply. mag+ has the right but not the obligation to monitor and edit or remove any activity or content. mag+ takes no responsibility and assumes no liability for any content posted by you or any third party.

To the extent this website contains any testimonials of third parties, including, without limitation, mag+ Customers and/or affiliates, mag+ does not, in any manner, guarantee the results or experience expressed by the endorser and does not, further, represent such results or experiences are typical of the results or experiences of other mag+ Customers. mag+ does, however, as indicated in these Conditions of Use, require any endorser to express only honest opinions and experiences.

Given mag+ aims to be Digital Millennium Copyright Act (DMCA) compliant, mag+ reserves the right (but does not guarantee) to remove any content you post on this website should any third party complain that such content is infringing or otherwise objectionable to such third party: or otherwise mag+ determines at its sole and absolute discretion that such content should be removed.

PRODUCT DESCRIPTIONS

mag+ attempts to be as accurate as possible. However, mag+ does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by mag+ itself is not as described, in a material aspect, your sole remedy is to return it in unused condition.

It is understood the server on which the website is located and/or any products or services transmitted or dispatched to you via mag+ or any communications to you from mag+ may originate from a country other than the country within which you are located. By visiting this website or placing any order, you consent to such potential cross-border delivery or communications.

Should mag+ include references to, reviews or endorsements of any third-party company’s products and/or services on this website or in any e-mail or text message, mag+ may be receiving compensation from such third party company in connection with such reference, review, or endorsement.

PRICING

Except where noted otherwise, the list price displayed for products on our website represents the full retail price listed on the product itself. With this said, sales tax may be applied separately in certain jurisdictions.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING, WITHOUT LIMITATION, SOFTWARE AND HARDWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY mag+ ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. mag+ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, mag+ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. mag+ DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM mag+ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. mag+ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING, WITHOUT LIMITATION, SOFTWARE AND HARDWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN NATIONAL, STATE OR PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW AND DISPUTES

By visiting www.magplus.com, you agree that the laws of the State of New York, USA, without regard to principles of conflict of laws, will exclusively govern these Conditions of Use and any dispute of any sort that might arise between you and mag+. Any dispute pursuant to these Conditions of Use shall be finally resolved by arbitration in New York, USA pursuant to the arbitration rules of the American Arbitration Association. You consent to the exclusive jurisdiction and venue as set forth in this paragraph.

To the extent the United Nations Convention on Contracts for the International Sale of Goods (CISG) is deemed to apply to these Conditions of Use or any purchase made on or via this website, both mag+ and you expressly exclude the application of CISG from any agreement of any kind reached by and between you and mag+.

In the event the Uniform Computer Information Transactions Act, any version thereof, a substantially similar law or any other statutes implied for Internet transactions (collectively “UCITA”) is enacted as part of the law of any applicable state of the United States or any applicable country or any applicable region within any country, such statute shall not govern any aspect of these Conditions of Use or any other agreement reached by and between you and mag+, any license granted by mag+, nor any of the parties’ rights and/or obligations arising pursuant to these Conditions of Use or any other agreement reached by and between you and mag+. These Conditions of Use and the parties’ rights and obligations arising hereunder shall be governed according to this Applicable Law and Disputes section of these Conditions of Use.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, specifications, product / service limitations, to the extent applicable, posted on this site. These policies also govern your visit to www.magplus.com and any purchase made via www.magplus.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions. You agree to be bound by the latest version of the Conditions of Use available online.

OUR ADDRESS

MPS North America LLC
50 Main Street, Suite 1000
White Plains, NY 10606, USA
sales@magplus.com

www.magplus.com