MagneHealth.com (“the Site”) is a website operated by MagneHealth, Inc.. By entering the Site, you are deemed to have accepted these terms and conditions.
The following terms and conditions (the “Terms and Conditions”) govern your use of the MagneHealth.com Web Site located at MagneHealth.com (the “Site”). The Site is made available by MagneHealth (“we” or “us”). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.
Important Product Information. The contents of this website should not be considered as medical advice. MagneHealth.com makes no medical claims, intended or implied, for any of its products. The products presented on this website are not registered medical devices and MagneHealth.com does not claim that its products will cure any disease or condition. The use of magnet therapy is not a substitute for proper medical treatment. If you have any concerns about using magnet therapy, please consult your healthcare professional. The purchaser accepts full responsibility for the safe and proper use of these products.
According to all available, published clinical studies, magnetic therapy is safe, and has no known side effects but care should be taken when used in conjunction with implanted devices;
Caution. Persons fitted with pacemakers, defibrillators, implanted insulin pumps or other electro-medical devices should keep magnetic products at least 18″ (45cm) from the device. Pregnant women should consult their health care professional before using magnetic products.
Note. Although it is safe to use magnetic products when working with computers, it is not advisable to place magnets directly on computers, computers discs, audio/video tapes and credit cards as this may cause loss of information.
MagneHealth® and MagneTrim® are registered Trademarks for MagneHealth®.
Third Party Web Sites. You may be able to access or use the Site from a third party Web site, Internet resource, or software application (“Linked Sites”). You may also be able access and use a Linked Site from a link available on the Site. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. The inclusion of any link to such Linked Sites on our Site does not imply MagneHealth’s endorsement, sponsorship, or recommendation of that site. MagneHealth disclaims any liability for Linked Sites. MagneHealth does not guarantee the standards or practices of any Linked Site nor shall MagneHealth be held responsible for the contents of such Linked Sites. For this reason, MagneHealth does not represent or warrant that the contents of any Linked Site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, MagneHealth is not responsible for web casting or any other form of transmission received from any Linked Site. Any reliance on the contents of a Linked Site is done at your own risk and you assume all responsibilities and consequences resulting form such reliance.
DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SMH ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, SMH AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH SMH OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY SMH “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND SMH OR ITS LICENSOR OR SUPPLIER.
LIMITATION OF LIABILITY.IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SMH, ANY MEMBER OF THE LVMH FAMILY, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY 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 LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO SMH FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE.
Applicable Laws. We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms of Use waive their respective rights to a trial by jury.
Termination. MagneHealth.com may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time. If you violate any of these Terms of Use, your permission to use the Site automatically terminates.
Changes to Terms of Use. MagneHealth.com reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time. Changes in these Terms of Use will be effective when posted on the Site. Your continued use of the Site and/or the services offered on or through the Site after any changes to these Terms of Use are posted will be considered acceptance of those changes.
Miscellaneous. The Terms of Use and the relationship between you and us shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provisions. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the Commonwealth of Massachusetts. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Massachusetts. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, ad the other provisions of the Terms of Use remain in full force and effect.