TERMS AND CONDITIONS OF USE
Please review these terms and conditions, which govern your use of the Kentucky Home Fashion, LLC D/B/A Magnus Home Products (“Magnus”) site (the “Site”). Your use of the Site constitutes your unconditional agreement to be bound by these terms and conditions. The Site is provided by Magnus as a service to its customers, unless specifically provided otherwise on the Site. The Terms inure to the benefit of Magnus and its parent, subsidiaries and affiliates.
- USE: Your use of the Site constitutes your acceptance of the Terms. By accepting the Terms through your use of the Site, you certify that you are either (i) 18 years of age or older or (ii) you are at least 13 years of age and are using the Site under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the Site. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Site, including all financial charges and legal liability that such child may incur.
You agree that you will not do any of the following:
- Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site
- Use the Site or content on or from the Site for any unlawful purpose
- Express or imply that any statement you make is endorsed by Magnus or its subsidiary, parent or affiliate companies
- Submit data or information to or otherwise transmit material through the Site that is (i) copyrighted, protected by trade secret or otherwise subject to third-party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (ii) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes Magnus or any third party’s intellectual property rights or other rights; (iii) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; or (iv) is non-public information about a company or individual without the express written authorization to do so.
- Engage in spamming, flooding, phishing or other activity intended to gather information unlawfully transmit any software or other materials that contain any harmful or malicious code, including without limitation viruses, worms, time bombs, date bombs, trojan horses and defects.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site
- Harvest or collect information about Site visitors
- Take any action that imposes an unreasonable or disproportionately large load on Magnus infrastructure
- LINKS TO OTHER SITES: The Site may contain links to other websites so that you can learn more about the products available on the Site and have access to other information. These links are provided to you only as a convenience and their presence on the Site does not imply endorsement by Magnus or its affiliates or subsidiaries of such website or of any association with such websites’ operators.
You agree that Magnus and its affiliates and subsidiaries are in no way responsible or liable for the availability or content of the websites to which the Site is linked. Magnus and its affiliates and subsidiaries make no representations whatsoever about any other website you may access through the Site.
Any concerns regarding products or services offered by a website to which the Site is linked or the link itself should be directed to the operator of that specific website and not the Site.
- DISCLAIMER: YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET IN GENERAL. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MAGNUS, ALL OF MAGNUS SUBSIDIARY, PARENT OR RELATED COMPANIES, CALL CENTERS AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. MAGNUS AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT BY MAGNUS, OR MAGNUS LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MAGNUS SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (1) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS ON WHICH THE SITE IS HOSTED AND/ OR ON WHICH ANY OF YOUR PERSONAL INFORMATION AND/ OR FINANCIAL INFORMATION STORED THEREIN; (2) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; AND/ OR (3) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A HARMFUL NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY A THIRD PARTY. MAGNUS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED SITE. YOU AGREE THAT MAGNUS AND ITS AFFILIATES, PARENTS AND SUBSIDIARIES WILL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM THE LOSS OF USE, DATA, PROFITS OR BUSINESS INTERRUPTION ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE. THIS ALSO INCLUDES DELAYS IN BEING ABLE TO USE THE SITE, THE INABILITY TO USE THE SITE, OR ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MAGNUS AND I OR ITS SUBSIDIARIES AND AFFILIATES WERE AWARE OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This disclaimer does not apply to intentional or wanton acts on the part of Magnus. This disclaimer constitutes an essential part of these terms. You should use your best judgment and exercise caution where appropriate. Your use of the site and any materials provided through the site are entirely at your own risk.
- INDEMNIFICATION: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MAGNUS AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, ATTORNEYS, ASSIGNS, SUCCESSORS-IN INTEREST, CONTRACTORS, VENDORS, SUPPLIERS, LICENSORS, LICENSEES AND SUBLICENSEES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, CAUSES OF ACTION, COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) AND OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM; (1) YOUR ACTUAL OR ALLEGED BREACH OF THESE TERMS; (2) ANY ALLEGATION THAT ANY CONTENT OR OTHER MATERIAL YOU HAVE SUBMITTED OR TRANSMITTED TO THE SITE INFRINGE, MISAPPROPRIATE OR OTHERWISE VIOLATE THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PARTY; AND/ OR (3) YOUR ACTIVITIES OR OMISSIONS IN CONNECTION WITH THE SITE.
- DISPUTE RESOLUTION: Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. Magnus makes no representation or warranty that materials and content on the Site are appropriate or available for use in any particular jurisdiction. Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms and you agree not to access this Site in any jurisdiction where all or any portion of the Site violates any legal requirements. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk.
- CHOICE OF LAW, JURISDICTION, AND VENUE: You agree that this agreement and your use of the Site will be governed by the laws of the state of Kentucky. By using the Site, you consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Boone County, Kentucky, in all disputes (i) arising out of, relating to or concerning this agreement, the Site and your use thereof; (ii) in which the Site and/or this agreement is an issue or a material fact; or (iii) in which the Site or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
- WAIVER OF RIGHTS: YOU AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ANY CLAIMS FOR PUNITIVE OR EXEMPLARY DAMAGES AND ANY RIGHT TO PURSUE CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY, WHICH RELATE IN ANY WAY TO THE SITE OR THIS AGREEMENT.
- ARBITRATION: Any dispute arising out of your use of the Site shall be submitted to binding arbitration, said arbitration to be held in Boone County, Kentucky and pursuant to the rules of the American Arbitration Association. The award of an arbiter shall be enforceable upon the parties and may be entered as a judgment in any court of competent jurisdiction.
Unless an applicable statute expressly permits awarding attorney’s fees to the prevailing party, all administrative fees and expenses of arbitration will be divided equally between you and Magnus. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at any arbitration hearing.
- MISCELLANEOUS: You agree that Magnus may assign all or part of this agreement without such assignment being considered a change to the agreement and without providing notice to you. You agree that Magnus will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor.
You agree that information related to your use of the Site may be subject to legal process. Information and data that you submit to Magnus through the Site may be subject to legal process (e.g., a subpoena) by Magnus or a third party or government entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that Magnus will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that Magnus may have no obligation to give you notice of any legal process that may result in any information related to your use of the site being produced, discovered or otherwise disclosed.
Magnus performance of these Terms and any other policy contained on the Site is subject to existing and future laws and legal process. Nothing in these Terms is in derogation of Magnus right to comply with law enforcement requests or requirements relating to your use of the Site or information given to or gathered by Magnus with respect to such use.
You agree that Magnus may change the terms and conditions (including, without limitation, the Terms) under which the Site is offered at any time and without notice to you.
You agree that no joint venture, partnership, employment or agency relationship exists between you and service providers or suppliers or you and Magnus as a result of these Terms or your use of the Site.
Any rights not expressly granted to you herein are reserved by and to Magnus, its affiliates, subsidiaries and licensors, and other third parties.
The Terms and the applicable terms of sale constitute the entire agreement between you and Magnus with respect to the subject matter thereof. This agreement supersedes all prior or contemporaneous communications and proposals, whether written, oral or electronic, between you and Magnus with respect to the Site. No modification of the Terms shall be effective unless such modification is authored by Magnus or it is physically signed in blue ink by an executive officer of Magnus,
Any actual or alleged waiver by Magnus of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach.
A printed version of this agreement and I or any notice given by Magnus in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to this agreement or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Magnus in printed form.
If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue to govern your use of the Site.
- PLACING YOUR ORDERS ON THE WEBSITE: All billing and registration information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and/ or services that you have requested.
Magnus and its affiliates and subsidiaries reserve the right, at their sole discretion, to refuse service and to terminate accounts if Magnus believes in its sole discretion that customer conduct violates applicable law or the Terms, or is harmful to the interests of Magnus, its subsidiaries, or its affiliates, or for any other reason.
Magnus and its affiliates and subsidiaries reserve the right to limit the quantity of items purchased per person, per account, per household and per order as determined in their sole discretion. These restrictions may be applied to the same account, same credit card and/ or the same billing and I or shipping address.
Receiving an order acknowledgement via email does not guarantee the acceptance of an order.
All items and products purchased through the Site are made pursuant to a shipment contract. The risk of loss and title for such titles pass to you upon Magnus delivery of the items or products to the carrier.
If you wish to purchase products or services described on the Site, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You agree to pay all charges incurred by you and any users of your account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
Tools, products, materials, techniques, building codes and local regulations change; therefore, Magnus assumes no liability for omissions, errors or the outcome of any project. The reader must always exercise reasonable caution, follow current codes and regulations that may apply, and is urged to consult with a licensed professional if in doubt about any procedures.