Website Terms and Conditions
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by MAGNAR, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your Magnar.com Account. If you create a registered account on the Website, you are responsible for maintaining the security of your account and are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. MAGNAR may make changes to your account, including the full removal of your account, if it considers your activities inappropriate or unlawful, or otherwise likely to cause MAGNAR liability. You must immediately notify MAGNAR of any unauthorized uses of your account or any other breaches of security. MAGNAR will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- User Provided Information. If you submit material to MAGNAR, such as through fax, email or file transfer protocol (FTP), or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Information”), you are entirely responsible for the content of, and any harm resulting from, that Information. That is the case regardless of whether the Information in question constitutes text, graphics, an audio file, or computer software. By making Information available, you represent and warrant that:
- the downloading, copying and use of the Information will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Information, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Information;
- you have fully complied with any third-party licenses relating to the Information, and have done all things necessary to successfully pass through any required terms;
- the Information does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Information is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Information is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- you have, in the case of Information that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by MAGNAR or otherwise.
Without limiting any of the user’s representations or warranties, MAGNAR has the right (though not the obligation) to, at MAGNAR’s sole discretion (i) refuse or remove any content that, in MAGNAR’s reasonable opinion, violates any MAGNAR policy or is in any way harmful or objectionable, or (ii) terminate or deny access to, and use of, the Website to any individual or entity for any reason. For any Internet or web-based services that MAGNAR may offer, any user violation of the terms and conditions set forth herein constitutes grounds for termination. In the event of such a termination by MAGNAR, MAGNAR will not be required to reimburse any subscription or similar payments previously submitted.
- General Terms Relating to the Purchase of MAGNAR Products and Services. By requesting to purchase a product or service from MAGNAR, you acknowledge and accept the terms and conditions of this Agreement and agree to be legally bound by the provisions set forth herein. You agree that the terms and conditions stated on customer purchase orders, customer acknowledgment forms, or any other type of customer correspondence shall be superseded by the terms and conditions stated in this Agreement and shall not replace, nullify or otherwise rendered unenforceable any provision herein, either in whole or in part, without prior written consent from a duly authorized executive of MAGNAR. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. You represent and warrant that i) you possess all necessary rights, powers, and authority to enter into, and to fulfill, all of the obligations found herein and grant all of the rights that this Agreement purports to grant; ii) your performance of this Agreement has been duly authorized by all necessary corporate action; iii) your performance of this Agreement shall not violate any domestic or foreign law, statute, or regulation and shall not breach any agreement, covenant, court order, judgment, or decree to which you are a party or by which you are bound or otherwise violate any rights of any third party.
- Payment. Net 30 credit terms are offered by MAGNAR to qualifying customers who submit a credit application which has been approved by MAGNAR. MAGNAR reserves the right to refuse terms of credit to anyone, for any reason, and at MAGNAR’s sole discretion. If you have been extended credit terms, payment is required within thirty (30) days from the date of invoice. Amounts not received within such thirty (30) days shall accrue interest, from the date of invoice, at a rate of one and a half percent (1.5%) per month, provided that if such a rate of interest is unlawful, interest shall accrue at the highest lawful rate. MAGNAR shall be entitled to apply payments received first against interest due (if any) then against the oldest unpaid principal amounts due. If credit terms have not been extended to you, or have been revoked by MAGNAR, all transactions will be subject to payment in advance (PIA). MAGNAR reserves the right to change the payment terms and fees at its sole discretion; additional payment terms may be included in other communications. MAGNAR accepts the following methods of payment: T/T, ACH, PayPal, Corporate Check and all major credit cards.
- Shipping. In the process of fulfilling your order request, MAGNAR may incur shipping fees. You acknowledge that these fees are necessary to complete your order and you accept full responsibility for their payment. The shipping rates that MAGNAR offers are based upon the package weight, dimensions and destination. These rates may be provided by UPS, FedEx, DHL or TNT and are subject to change. Unless otherwise indicated, all logistical decisions and associated expenses will be Best Way Prepay and Add (PPA). According to this term, the shipping method will be decided upon, and shipping charges prepaid, by MAGNAR; all charges will then be included in the sale of goods for reimbursement. You also acknowledge and agree to the cost, risk and insurance requirements of FOB (Audubon, NJ), as it relates to the transfer of any product or service sold by MAGNAR. If you place an order through our website, you will have an opportunity to review the shipping fees and accept or decline your order prior to final submission. Any applicable request for product or service, sent by a different means of communication, including but not limited to email, phone or fax, shall receive standard shipping via Prepay and Add (PPA). Typically, standard shipment is the most economical method of delivery offered by MAGNAR and may include transit times of 3-7 business days for US destinations. Expedited shipment, including 2nd day and Overnight delivery, offers shortened transit times at an increased cost. If you do not designate a shipping preference, your order request will be processed for standard shipment. Freight collect is also available upon request, providing that you submit a valid UPS or FedEx account number and notify our staff within one hour of the shipping cutoff for that day. You recognize that (i) service availability may be limited by factors, including but not limited to, selected destination, weather conditions, MAGNAR closure dates, and US Federal holidays; (ii) the transit times mentioned herein are only estimates; and (ii) MAGNAR reserves the right to include processing fees on the sale of products or services, providing that MAGNAR notifies you that such fees will be incurred. Our shipping cutoff is 3 p.m. (EST), Monday through Thursday, and 12 p.m. (EST) on Friday.
- Purchase Price, Taxes and Other Fees. By requesting to purchase a product or service, you agree to pay MAGNAR the one-time and/or monthly or annual fees indicated. In addition to the charges due, you agree to pay any sales taxes, use taxes, value-added taxes, shipment fees, processing fees and/or transaction fees resulting from your product or service selection.
- Limited Warranty. MAGNAR warrants that our maintenance and repair services will be performed in a good and workmanlike manner and shall be covered under this warranty for a period of 120 calendar days from the date the equipment leaves the MAGNAR repair center. The sale of refurbished products shall be covered under this warranty for a period of 6-months from the date the equipment leaves the MAGNAR facility. Service and products not conforming to these requirements shall be corrected promptly by MAGNAR, after receipt of a written notice from the customer to do so, and at no additional charge to the customer. You agree that MAGNAR’s sole obligation is to repair or replacement the affected device. This limited warranty does not cover damage caused by abuse of the equipment. MAGNAR makes no other warranties, express or implied, except as set forth in this section, including any implied warranties of merchantability or fitness for a particular purpose.
- Limitation of Remedies. If MAGNAR breaches its agreement, you agree that your remedies are limited to the fees paid by you to MAGNAR under this Agreement for the products or services which give rise to the claim. The buyer also agrees to hold MAGNAR and its directors, officers, employees and agents blameless of and harmless for any special, incidental, or consequential damages.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Magnar.com links, and that link to Magnar.com. MAGNAR does not have any control over those non-MAGNAR websites and webpages, and is not responsible for their contents or their use. By linking to a non-MAGNAR website or webpage, MAGNAR does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MAGNAR disclaims any responsibility for any harm resulting from your use of non-MAGNAR websites and webpages.
- Responsibility of Website Visitors. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MAGNAR disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Intellectual Property. As MAGNAR asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Magnar.com violates your intellectual property you are encouraged to notify MAGNAR. MAGNAR will respond to all such notices, including the removal of infringing material or disabling all links to the infringing material, as required or appropriate. MAGNAR will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MAGNAR or others. This Agreement does not transfer, from MAGNAR to you, any MAGNAR or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MAGNAR. MAGNAR, Magnar.com, the Magnar.com logo, and all other trademarks, service marks, graphics and logos used in connection with Magnar.com, or the Website are trademarks or registered trademarks of MAGNAR or MAGNAR’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MAGNAR or third party trademarks.
- Changes. MAGNAR reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. MAGNAR may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. MAGNAR may terminate your access to all or any part of the Website at any time, with or without cause or notice, effective immediately. If you wish to terminate this Agreement and do not have a Magnar.com account, you may simply discontinue using the Website. If you do have a Magnar.com account, such an account can only be terminated by MAGNAR and requires that you contact us with such a request. If you materially breach this Agreement and fail to cure such breach within ten (10) days from MAGNAR’s notice to you thereof, MAGNAR shall be entitled to payment, due immediately, for services rendered or products sold. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Notices. All notices required or permitted under this Agreement shall be in writing (or shall be made by a tele-communications device capable of creating a written record), and shall be delivered to MAGNAR at the appropriate contact address specified below. Notices shall be deemed given at the time they are actually received by the receiving party or upon sending if sent by certified mail.
MAGNAR Associates, Inc.
PO Box 67
Haddon Heights, NJ 08035
- Disclaimer of Website Warranties. The Website is provided “as is”. MAGNAR and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MAGNAR nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will MAGNAR, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) any amounts that exceed the fees paid by you to MAGNAR under this Agreement for the products or services which give rise to the claim. MAGNAR shall have no liability for any failure or delay due to matters beyond their reasonable control, including, but not limited to, acts of God or the public enemy, fire, flood, civil disturbance, omission by public authority or authorities having proper jurisdiction, or labor disputes directly affecting the project implementation. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless MAGNAR, its contractors, business partners, service providers and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Governing Law; Jurisdiction; Severability. This Agreement shall be deemed to be performed in the State of New Jersey and shall be governed and construed in accordance with the laws of the State of New Jersey, without reference to or application of conflict of laws, rules or principles. All legal actions commenced under this Agreement shall be brought within the State of New Jersey. Both parties agree to accept service pursuant to New Jersey law and not to contest personal jurisdiction or venue over those of courts located in the State of New Jersey. If any one or more of the provisions contained within the Agreement is deemed invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the provision of the Agreement will be enforced to the maximum extent permissible and the remainder of the provisions of the Agreement will remain in full force and effect. You agree to substitute any invalid, illegal or unenforceable provision of this Agreement with a valid, legal, or enforceable provision which comes as close as possible to the reasonably inferred intent of the invalid, illegal, or unenforceable provision.
- Entire Agreement. This constitutes the entire Agreement between you and MAGNAR concerning the subject matter hereof. Any waiver, modification or amendment to any provision of the Agreement will be effective only if in writing and signed by a duly authorized executive of MAGNAR, or by the posting by MAGNAR of a revised version of these Terms and Conditions.