Terms & Conditions
Terms and Conditions
The following terms and conditions govern the use of the www.magnumbowlingproducts.com website (the "Site") and constitute an agreement ("Agreement") between you and Magnum Shielding Corporation ("Magnum Shielding", “Magnum Bowling products”, “MBP”, “Magnum”). By accessing the Site, and by utilizing the services provided on the Site, you acknowledge that you have read and understand the terms of this Agreement, and you agree to be bound by them. If you do not wish to be bound by this Agreement, you should not access or use the Site.
Use Prohibited Use
You may access and make personal use of the Site. Downloading (other than page caching) or modifying any portion of the Site is prohibited. The Site and any contents contained on it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Magnum. Framing or use of framing techniques to enclose any trademark, logo, or other proprietary information, including images, text, page layout, or form, of Magnum is prohibited. Use of data mining, robots, or similar data gathering and extraction tools is prohibited. Use of any meta tags or any other "hidden text" utilizing Magnum's name or trademarks without the express written consent of Magnum is prohibited.
Website Content
Unless otherwise noted, all materials, including images, graphics, illustrations, design, icons, photographs, data, text and other materials that are provided on or by the Site (collectively, the "Content") are copyrights, trademarks, and/or other intellectual property owned, controlled or licensed to or by Magnum. All information provided by you to the Site, other than personally identifiable information such as name and address, and any derivations thereof, is the property of Magnum. The Site as a whole is protected by copyright and trademark law and is the property of Magnum. Magnum reserves the right to move or delete portions of or add to the Site from time to time, and to discontinue the Site at any time for any reason.
Termination of this Agreement.
This Agreement commences upon acceptance of these terms and is effective until terminated by Magnum. In its sole discretion, Magnum may terminate this Agreement and your use of the Site at any time without notice to you if you fail to comply with any term of this Agreement. Upon any termination of this Agreement, (a) access to password protected portions of the Site will be denied; and (b) you must promptly destroy all materials, or copies thereof, downloaded or otherwise obtained from the Site. Materials provided on the Site by you may not remain available for you to access at a later time.
Site Maintenance
On occasion, the Site may be inaccessible due to maintenance or unforeseen circumstances, either with or without prior notification. In such instances, Magnum will endeavor to restore the Site in a timely manner, but will not be responsible to you if it cannot.
Website Information and Disclaimer
You assume full responsibility for the risk associated with using the Site and the internet. Magnum provides the Site and its services, information and tools "as is". Magnum does not make any express or implied warranties, representations or endorsements whatsoever including, without limitation, the warranties of title or noninfringement or the implied warranties of merchantability or fitness for a particular purpose with respect to the Site or any service, merchandise or information provided through the Site or the internet generally. Magnum does not warrant that the Site will be uninterrupted or error-free or that any defects will be corrected. Magnum does not make any representations as to the accuracy, timeliness or completeness of the information presented on this Site. Information contained on the Site regarding Magnum products and services, including their availability, appearance, price and specifications are subject to change without notice. Such information shall not constitute a representation, warranty, or other commitment by Magnum with respect to any product or service, and Magnum hereby disclaims all warranties, express or implied, as to the accuracy, suitability for any purpose or completeness thereof.
Limitation of Liability
Under no circumstances shall Magnum or any of its respective employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of, or inability to use, the Site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in an action of contract, negligence or other tortuous action, even if an authorized representative of such party has been advised of or should have known of the possibility of such damages. If you are dissatisfied with the Site, or any content on the Site, or with this Agreement, your sole and exclusive remedy is to discontinue using the Site. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the liability of Magnum under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100.00).
Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply any endorsement, sponsorship or recommendation by Magnum of the third party, the third party website or the information contained therein. Magnum is not responsible for the availability of any such third party website and Magnum is not responsible or liable for any such website or the content thereon. If you link to such third party websites, you will leave the Site and will be subject to the terms of use and privacy policy applicable to such sites.
Indemnification
You agree to indemnify, defend and hold harmless Magnum, its officers, directors, employees, agents and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
Miscellaneous
(a) This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts law. You agree that any dispute arising from or relating in any way to this Site will be brought exclusively in the Federal or State courts located in the State of New York, and you irrevocably agree to submit to the jurisdiction of such courts.
(b) If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
(c) Magnum makes no representation that materials, software, products or service on this Site are available outside of the United States. You may not use, export or re-export the materials, products, or services on this Site, in violation of any applicable laws or regulations, including without limitation, United States export laws and regulations.
(d) Any cause of action or claim you may have with respect to this Site or the services or products provided by this Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
(e) No action by either party shall be construed to constitute a waiver of any provision or right.
(f) Magnum reserves the right, at any time, to modify or update this Agreement and, by using and accessing the Site, you agree to be bound by any such modifications or updates. Therefore, you should periodically visit this page to review the current terms of the Agreement to which you are bound.
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