This website (the “Website”) is owned and operated by Magagna Inc. DBA Magagna & Company, The Terms and Conditions set forth below (“Terms”) govern the use of the Website. Magagna & Company reserves the right to change the Terms at any time, at its sole discretion, without advance notice.
- ACCEPTANCE OF TERMS. By accessing, viewing and otherwise using any of the information contained on the Website, you agree to be bound by the Terms. You understand, agree and acknowledge that the Terms constitute a legally binding agreement between you and Magagna & Company and that your use of the Website indicates your acceptance of all of the Terms.
- RIGHTS AND CONFIDENTIALITY. You acknowledge and agree that the Website contains proprietary and confidential information, including but not limited to trademarks, service marks and patents protected by applicable law. You may view and copy of portions of its content for offline, personal, non-commercial use; no content of the Website may be sold, copied, altered, reproduced or distributed without our prior written permission, which we may withhold for any reason. Any third-party trademarks, service marks, logos and other intellectual properties are the property of their respective owners. Any further rights not specifically granted herein are reserved.
- DATA SECURITY. Because Internet email typically is not secure, you should not include any confidential information in any email you send us. In addition, Magagna & Company cannot ensure and does not warrant the security of any information sent to us by you, and you do so at your own risk. Once Magagna & Company receives information from you, we will use commercially reasonable efforts to ensure its security but we do not accept liability for unintentional disclosure. Magagna & Company will use your email address for correspondence purposes only. Although Magagna & Company will in most circumstances be able to receive your email or other information provided through the Website, Magagna & Company cannot guarantee that it will receive all such email or other information timely and accurately, and Magagna & Company will not be legally obligated to read, act on, or respond to any such email or other information.
- WARRANTIES. You understand and agree that your use of the Website is entirely at your own risk and that our services are provided “As Is.” Magagna & Company does not make any express or implied warranties, endorsements or representations of any kind whatsoever. Magagna & Company hereby disclaims all implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the Website will be uninterrupted or error-free or that defects in the Website will be corrected, or that the server from which the Website is accessed is free from viruses, worms, Trojan horses, or other harmful components. Magagna & Company assumes no responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of any inaccuracy, incompleteness or obsolescence of any information contained in the Website. All services and programs described on or through the Website are subject to availability and are subject to change at any time. If you access the Website from outside the United States, you are responsible for compliance with foreign and local laws. All content and other information set forth on the Website is provided with the understanding that the authors, publishers and distributors are not rendering legal, accounting or other professional advice or opinions on your specific facts and Magagna & Company does not assume any liability whatsoever with respect thereto. Magagna & Company is not responsible for any opinions and views of persons or entities other than Magagna & Company.
- LIMITATION OF LIABILITY. You understand and agree that Magagna & Company and its subsidiaries and affiliates shall in no event be liable for any direct, indirect, incidental, consequential or exemplary damages relating to the Website. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of Magagna & Company is limited to the greatest extent permitted by law. You agree that no joint venture, partnership, employment or agency relationship exists between you and Magagna & Company as a result of the Terms or your use of the Website.
- EXTERNAL CONTENT. The Website may include hyperlinks to third-party content or websites. You acknowledge and agree that Magagna & Company is not responsible for and does not endorse any information, advertising, products or resources available from third-party content or websites. Magagna & Company will not be responsible for the illegality of, or any error in accuracy in, any third-party content, information, materials or websites.
- EXPEDITED ARBITRATION. In the event any dispute over any portion of this contract arises, you agree to expedited arbitration. If any provision of these terms are held by a court of competent jurisdiction or arbitrator(s) to be illegal, void, or unenforceable, such provision shall have no effect; however, the remaining provisions shall be enforced to the maximum extent possible. Further, if a court or arbitrator(s) should determine that any portion of these terms are overbroad, unreasonable, or unenforceable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing.
- CHOICE OF LAW. In the event any dispute arises related to these terms, all such parties agree this Agreement shall be governed by, and construed in accordance with the law of the State of Delaware.
ENTIRE AGREEMENT. Magagna & Company reserves the right to modify the Terms from time to time at its sole discretion and without any notice. Changes to the Terms become effective when they are posted and your continued use of the Website after any changes to the Terms will signify your agreement to be bound by them.
Last Updated: January 2023