Last Updated: [date of publication]
Website Terms of Use
These Terms of Use ("Terms") govern your use of magneticbrandslab.com (the "Website"), owned and operated by Magnetic Brands Lab, LLC ("we," "us," or "our"). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, please do not use the Website.
1. Privacy
Our Privacy Policy, which governs how we collect, store, and use information, is incorporated into these Terms by reference. We encourage you to review it.
2. Use of the Website
The Website is provided for general informational purposes. Accessing or using the Website does not create an agency-client relationship or any professional services agreement; engagements are governed exclusively by separate written agreements. You agree not to misuse the Website, interfere with its operation, or attempt unauthorized access to any systems or data. We may modify, suspend, or discontinue the Website or any content at any time, at our sole discretion, without notice.
3. Intellectual Property
All content on the Website text, graphics, logos, designs, photographs, and other materials (“Content”) is owned by or licensed to Magnetic Brands and protected by intellectual property laws. We grant you a limited, revocable license to access the Content for personal, informational use only. You may not reproduce, distribute, modify, publicly display, sell, or create derivative works from any Content, or use automated tools to copy, scrape, index, or mine data from the Website, without our prior written authorization. The Magnetic Brands name and marks may not be copied or imitated without our prior written consent. Other marks appearing on the Website belong to their respective owners.
4. DMCA Notice
If you believe content on the Website infringes your copyright, send a written notice meeting the requirements of the Digital Millennium Copyright Act (17 U.S.C. § 512) to the contact address in the Contact section, including: (a) a description of the copyrighted work; (b) the location of the allegedly infringing material on the Website; (c) your name, address, phone number, and email; (d) a statement of good-faith belief that the use is unauthorized; (e) a statement, under penalty of perjury, that the notice is accurate and you are the owner or authorized to act for the owner; and (f) your physical or electronic signature.
5. Disclaimers
Your use of the Website is at your own risk. The Website and its Content are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website will be uninterrupted, secure, or error-free, or that Content is accurate, complete, or current. Nothing on the Website constitutes legal, financial, or professional advice.
6. Limitation of Liability
To the maximum extent permitted by law, Magnetic Brands and its members, managers, officers, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages including loss of profits, goodwill, revenue, data, or business interruption arising from your use of the Website, even if advised of the possibility of such damages. In all events, our total aggregate liability arising out of or relating to the Website shall not exceed one hundred U.S. dollars ($100.00).
7. Third-Party Links
The Website may contain links to third-party websites. We are not responsible for their content, privacy practices, or availability, and a link does not imply endorsement. Your use of third-party websites is at your own risk and subject to their terms.
8. Dispute Resolution Binding Arbitration and Class Action Waiver
Any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or any services or communications connected to it including the interpretation, applicability, enforceability, or formation of this arbitration provision shall be resolved solely by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and governed by the Federal Arbitration Act.
Notice first. Before commencing arbitration, you must send us a written Notice of Dispute describing the claim and the relief sought, using the contact information below. If the dispute is not resolved within thirty (30) days, either party may commence arbitration.
Seat and judgment. Arbitration will be conducted in the State of Delaware. The arbitrator’s award is final and binding, and judgment may be entered in any court of competent jurisdiction.
Individual basis only. All proceedings shall be conducted on an individual basis. You and Magnetic Brands waive the right to a jury trial and to bring or participate in any class action, class arbitration, or other representative proceeding. The arbitrator may not consolidate claims or preside over any representative proceeding.
Carve-out. This provision does not apply where prohibited by applicable law.
9. Governing Law
These Terms and any dispute arising under them are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles.
10. General Terms
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Magnetic Brands regarding the Website. No agency, partnership, joint venture, or employment relationship is created by these Terms. Our failure to enforce any provision is not a waiver. If any provision is found unenforceable, it will be limited to the minimum extent necessary and the remainder will stay in effect. These Terms are not transferable by you without our consent. Headings are for convenience only.
11. Contact
Magnetic Brands Lab, LLC
Email: partnerships@magneticbrandslab.com