MAGS4LESS Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

Welcome to MAGS4LESS® (the "Site"), provided by MAGS4LESS Inc. ("MAGS4LESS"). These terms and conditions of use may be changed in the future without further notice. Your continued use of this Site after any such changes constitutes your acceptance of the new terms. Further, these terms and conditions apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with MAGS4LESS for products, services or otherwise.

Privacy Policy

MAGS4LESS believes strongly in protecting user privacy. Therefore, MAGS4LESS is a licensee of the TRUSTe Privacy Program and has adopted a privacy policy. Users of this Site should refer to our Privacy Policy for information about how MAGS4LESS uses and collects information.

Copyright

All Web-site materials, including, without limitation, the MAGS4LESS logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright © 2002 MAGS4LESS Inc. ALL RIGHTS RESERVED. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of MAGS4LESS or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial and informational use only; provided that you may not, without the permission of MAGS4LESS or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.

Trademarks

MAGS4LESS, the MAGS4LESS logo and the products and services described in this Site, including without limitation MAGS4LESS and MAGS4LESS Top 20 are either trademarks or registered trademarks of MAGS4LESS and/or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MAGS4LESS. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of MAGS4LESS, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MAGS4LESS. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

Licenses and Site Access

MAGS4LESS grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of MAGS4LESS or any third party.

You may not use, frame or utilize framing techniques to enclose any MAGS4LESS trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without MAGS4LESS's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a MAGS4LESS name, trademark or product name without MAGS4LESS's express written consent.

Linking

You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray MAGS4LESS or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a MAGS4LESS logo or other proprietary graphic or trademark of MAGS4LESS to link to this Site without the express written permission of MAGS4LESS. This limited right may be revoked at any time.

MAGS4LESS makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of MAGS4LESS and MAGS4LESS is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. MAGS4LESS is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by MAGS4LESS of the site or any information contained therein. When leaving the MAGS4LESS site, you should be aware that MAGS4LESS's terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

User Conduct

In using this Site, you agree:

  1. not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;
  2. not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites;
  3. not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
  4. not to use or attempt to use another's account, service or system without authorization from MAGS4LESS, or create or use a false identity on this Site;
  5. not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; and
  6. not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.

Copyright Policy and Copyright Agent

It is MAGS4LESS's policy to respect the copyright and intellectual property rights of others.

If you believe that MAGS4LESS or any user of our site has infringed your copyright in any material way, please notify MAGS4LESS's Copyright Agent, and provide the following information:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
  2. An identification of the copyrighted work claimed to have been infringed.
  3. An identification of the material that you claim is infringing so that we may locate it on the site.
  4. Your address, telephone number and email address.
  5. 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.
  6. A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.

Contact MAGS4LESS's regarding copyright issues.

Indemnification

You agree to indemnify and hold harmless MAGS4LESS from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to MAGS4LESS, or postings on this Site, are nonconfidential and shall become the sole property of MAGS4LESS. MAGS4LESS shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to MAGS4LESS, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MAGS4LESS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY MAGS4LESS OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT MAGS4LESS DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, MAGS4LESS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.

MAGS4LESS DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. MAGS4LESS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY MAGS4LESS VIA EMAIL OR OTHER MEANS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES MAGS4LESS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF MAGS4LESS OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.

MAGS4LESS ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF MAGS4LESS, ITS AFFILIATES, ITS LICENSORS OR A USER'S OWN ERRORS AND/OR OMISSIONS.

MAGS4LESS DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation on Liability

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL MAGS4LESS OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING MAGS4LESS OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE MAGS4LESS OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF MAGS4LESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the Superior Court of San Francisco County, California, or the United States District Court for the Northern District of California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

Termination

Notwithstanding any of these terms and conditions, MAGS4LESS reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.

Severability

If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Privacy Practices

Mags4less has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for Mags4less's Web sites.

Mags4less publishes various e-mail newsletters. Users can sign up for newsletters from our home page by providing their e-mail address, country and zip code. This information will not be shared with third parties. Recipients can edit their personal information or manage newsletter subscriptions by visiting the edit profile page. Information on how to unsubscribe is also included in every newsletter.

Mags4less uses cookies to deliver content specific to your interests. The cookie is a small text file that resides on your hard drive. It is used to retrieve stored information that you knowingly provided us such as name, e-mail address and zip code in order to personalize your use of Mags4less's Web sites. Mags4less also works with third parties with whom we have a service agreement ("Service Providers") who use cookies to aid in the reporting of aggregate site usage statistics for Mags4less's Web sites. Such statistics are not linked to personally identifiable information.

Some Mags4less advertisers use "view-through" pixels to track the effectiveness of the promotions they run on Mags4less. Such pixels lead to cookies being placed on your computer by these advertisers. Mags4less does not have control over these 3rd party cookies, and cannot access any personally identifiable information about you as a result of these cookies.

Mags4less tracks individual user response (clicks) on offers on its Web sites. This information is used to better customize content and advertising for you in the future. Individual user click behavior is not shared with third parties in ways other than disclosed in this privacy statement.

Mags4less reserves the right to send you certain communications relating to Mags4less's service or products, including administrative messages, market research surveys, and periodic product announcements associated with your newsletter or e-mail product subscription(s), as long as you remain a subscriber to one of our newsletters or e-mail products. Your voluntary response to market research surveys may be used to improve our products and services and for anonymous, aggregate reporting for internal and external clients.

From time to time Mags4less announces voluntary promotional programs which include promotional incentives for subscribers. These programs usually require personally identifiable information (ex: name, mailing address) to be submitted for those subscribers who wish to participate. This information is then shared, upon the explicit opt-in of the subscriber, with external third parties for the purpose of fulfilling the promotional components of the program. Subscribers who do not wish this information to be disclosed to third parties may decline participation in these optional programs. Any promotional program which includes the sharing of information with a third party will have such a disclosure clearly described in the program's description and rules.

We use your IP address to help diagnose problems with our server, and to administer our Web site. IP addresses are associated with your e-mail address and other personally identifiable information for the purpose of documenting that you explicitly signed up (opted-in) for our e-mail newsletters.

In order to provide our users a seamless experience, some pages on our site may be hosted by Service Providers. Service Providers are prohibited from using your personally identifiable information for any other purpose other than for fulfilling the service you requested.

The Site includes an Administration section on Mags4less. This section is password-protected. The features allow shareholders to update their contact information (e-mail address and mailing address). This information will not be shared with third parties in ways other than disclosed in this privacy statement.

Advertising customers can contact advertising sales by filling out an online form. This form asks for name, company name, phone, fax, and e-mail. This is an optional feature to help us initially contact interested advertising customers, and as such the information cannot be automatically updated once submitted. This information will not be shared with any third parties in ways other than disclosed in this privacy statement.

Mags4less has security measures in place to protect user information under our company's control against loss, misuse, or alteration. Access to private and confidential data is limited to only those employees with a specific need to retrieve this information. Data is stored on multiple server systems and written to tapes. All server systems are located in a secure, limited access Class A facility complete with environmentally controlled conditions, raised floors, and dry sprinkler systems.

Mags4less's Web sites contain links to other sites. Please be aware that Mags4less is not responsible for the privacy practices of such other sites. Mags4less encourages our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.

Mags4less reserves the right to add to or modify this Policy simply by posting such addition or modification on the Mags4less Web site. If at any point we decide to use personally identifiable information in a manner materially different from that stated at the time it was collected, we will notify users by way of an e-mail or via a prominent notice on our site.

Legal Disclaimer Though we make every effort to preserve your privacy we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.

Contacting the Web Site If you have any questions about this privacy statement you can contact using our simple contact form.