Use of this Website.
By hacking, password "mining" or any other illegitimate means, you may not attempt to gain unauthorized access to (i) any portion or feature of this Website, (ii) any other systems or networks connected to this Website; (iii) to any MagnetStreet server; or (iv) to any of the services offered on or through this Website. When you submit materials through this Website, whether or not the materials are part of your order, you represent and warrant that you own or otherwise control all of the rights to the content that you submit, that the content is accurate, that use of the content you supply does not violate these Terms and will not cause injury to any person or entity, and that you will indemnify MagnetStreet or its affiliates for all claims resulting from content you supply. MagnetStreet has the right, but not the obligation, to monitor and edit any content you submit and to prevent or prohibit any conduct. MagnetStreet takes no responsibility and assumes no liability for any content provided by you or any third party or for any conduct or activity engaged in by you or any third party. You acknowledge and agree that MagnetStreet is not responsible or liable for the availability or accuracy of any links to third-party websites MagnetStreet may provide on this Website, and that MagnetStreet does not endorse such websites. You assume all risk arising from your use of any such third-party websites.
Copyrights and Trademarks.
All content on this Website, including but not limited to text, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, scripts, service names, and the compilation of any content, and the intellectual property rights therein are the sole and exclusive property of MagnetStreet or its content suppliers, protected by United States and international law. All software used on this Website is the exclusive property of MagnetStreet or its software suppliers and protected by United States and international laws. MagnetStreet's trademarks and trade dress may not be used in connection with any product or service that is not MagnetStreet's, or in any manner that is likely to cause confusion among customers, or which disparages or discredits MagnetStreet. Trademarks not owned by MagnetStreet or its affiliates that appear on this Website are the property of their respective owners, who or which may or may not be affiliated with, connected to, or sponsored by MagnetStreet or its affiliates.
Communications and Content.
When you visit this Website or send e-mails to us, you are communicating with MagnetStreet electronically, and you consent to receive communications from MagnetStreet electronically. MagnetStreet will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that MagnetStreet provides to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of Warranties; Limitation of Liability.
This Website is provided on an "as is" and "as available" basis without warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. MagnetStreet does not warrant that this Website, its servers, or e-mail sent from MagnetStreet are free of viruses or other harmful components. You expressly agree that your use of this Website is at your sole risk.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MAGNETSTREET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, COURSE OF DEALING, COURSE OF PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, MagnetStreet disclaims any warranties: (a) regarding the security, accuracy, reliability, timeliness and performance of this Website; (b) regarding the goods, services, advice, information or links provided by any third parties; (c) that this Website will meet your requirements; or (d) that this Website will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from MagnetStreet, will create any warranty not expressly stated in these Terms.
IN NO EVENT WILL MAGNETSTREET, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PREDECESSORS OR SUCCESSORS IN INTEREST, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES INCURRED BY THIRD PARTIES.
Certain state 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 be relevant to you, and you might have additional rights.
You agree to indemnify and hold MagnetStreet, its affiliates, their respective officers, directors, shareholders, predecessors and successors in interest, employees and agents, ("Indemnified Parties") harmless against any demands, loss, liability, claims or expenses (including attorneys' fees), made against any of the Indemnified Parties by any third party due to, arising out of or in connection with your use of this Website. If MagnetStreet takes any legal action against you as a result of your violation of these Terms, MagnetStreet will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to MagnetStreet.
Procedure for Claims of Copyright Infringement.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MagnetStreet's Copyright Agent the written information specified below. (Please note that this procedure is exclusively for notifying MagnetStreet and its affiliates that you believe your copyrighted material has been infringed.)
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed upon.
- A description of where the material that you claim is infringing is located on the site.
- Your address, telephone number, and e-mail address.
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
MagnetStreet's Copyright Agent for notice of claims of copyright infringement on its Website(s) can be reached as follows:
MagnetStreet Legal Department
285 West Loop Road
Wheaton, IL 60189
phone: (630) 653-5525
fax: (630) 653-5125
You agree that these Terms, and all matters relating to your access to or use of this Website, including without limitation all disputes, will be governed by the laws of the United States and by the laws of the State of Illinois without regard to its conflicts of laws provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of Cook County, Illinois. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. MagnetStreet's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court finds that one or more provisions contained in these Terms is invalid, void or otherwise unenforceable, you agree that the remainder of the Terms shall be enforceable. MagnetStreet shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, without restriction.
Effective October 15, 2008