MAGNECEUTICAL HEALTH LLC. END USER LICENSE AGREEMENT AND CUSTOMER AGREEMENT (WITH ACCEPTABLE USE POLICY)
This Website Does Not Provide Medical Advice and our Relaxation Sessions are not intended to
Diagnose, Treat, Cure or Prevent any Disease, but will generally enhance feelings of relaxation.
The contents of the Magneceutical Health Website, such as text, graphics, images, information obtained from Magneceutical Health's licensors, and other material contained on the Magneceutical Health Site, including instructions on providing relaxation sessions, relaxation techniques and using or downloading magnetic field protocols for relaxation sessions involving our “MagnesphereTM or Magnesphere HALOTM” devices ("Content") are for informational or relaxation purposes only. The Use of this Site is not intended to diagnose, treat, cure, or prevent disease. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or a relaxation technique you are using on the Magneceutical Health Site!
If you think you may have a medical emergency, call your doctor or 911 immediately. Magneceutical Health does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information or Content provided by Magneceutical Health, Magneceutical Health employees, others appearing on the Site at the invitation of Magneceutical Health, or other visitors to the Site is solely at your own risk.
Securities & Investment Disclaimer
This Site and the information contained or referred to herein do not constitute an offer, or a solicitation of an offer, for the purchase or sale of any securities.
THIS DOCUMENT CONTAINS BOTH THE END USER LICENSE AGREEMENT AND THE CUSTOMER AGREEMENT (WITH ACCEPTABLE USE POLICY). PLEASE CAREFULLY REVIEW BOTH THESE DOCUMENTS.
This document consists of the Customer Agreement (the “Customer Terms and Conditions”), Acceptable Use Policy (the “AUP”) and End User License Agreement (“EULA”) (the Customer Agreement, AUP and EULA collectively, the “Agreement”) for Magneceutical Health LLC. The Customer Terms and Conditions and the AUP (collectively, the “Services Agreement”) applies to you if you use Magneceutical Health LLC. (“Magneceutical Health”) Website to access services. The EULA applies to you if you download or use Magneceutical Health’s Magnetic protocols or Magnetic Relaxations Sessions anywhere in the World. Please carefully review the Agreement.
Agreement
This Magneceutical Health LLC. Customer Agreement and Acceptable Use Policy (collectively, the “Services Agreement”) is a legally binding agreement between you ("Customer" or "you") and Magneceutical Health LLC., Pico-Tesla Magnetic Therapies LLC., Applied Magnetics LLC., its Licensors, Sub-Licensees, Directors, Managers, Officers and Affiliates hereinafter referred to as ("Magneceutical Health" or "we" or "us"). Magneceutical Health provides access to its website to provide services, as they may exist from time to time (the "Services"), to customers who establish an account. You must be at least 18 years old to establish an account. By establishing or using an account with Magneceutical Health, and/or by using the Services, you agree to be bound by this Services Agreement and to use the Services in compliance with this Services Agreement and other Magneceutical Health policies posted on the Magneceutical Health Website, including the end user license agreement (if you are using the Magneceutical Health’s Magnetic protocols or Magnetic Relaxations Sessions), our privacy policy and website terms of use. In the event of any conflict between such terms and this Services Agreement, the terms of this Services Agreement shall apply. You should print and keep a copy of this Services Agreement for your future reference.
PLEASE READ THE SERVICES AGREEMENT CAREFULLY BEFORE SIGNING UP FOR A MAGNECEUTICAL HEALTH ACCOUNT AND/OR USING THE SERVICES. BY OPENING AN ACCOUNT OR USING THE SERVICES, YOU AGREE TO BE BOUND TO THIS SERVICES AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS SERVICES AGREEMENT, YOU MUST NOT SIGN UP FOR AN ACCOUNT OR USE THE SERVICE AND MUST EXIT THE MAGNECEUTICAL HEALTH REGISTRATION PROCESS, IF STARTED. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
1. Supplier. Unless specified otherwise, the Services will be supplied by Magneceutical Health, a Delaware limited liability company whose main business address is at Magneceutical Health LLC., 611 Druid Rd. East, Suite 714, Clearwater, FL 33756, USA.
2. Payment Obligations and Contact Information.
a. You must (i) provide Magneceutical Health with accurate and complete billing information including legal name, address, telephone number, and credit or debit card/billing information, and (ii) report to Magneceutical Health all changes to this information within 30 days of the change. You are responsible for any charges to your account. If you have questions regarding charges to an account, you should contact Magneceutical Health's Customer Service Department at www.magneceutical.com or 727.474.3722
b. Charges may be billed to your credit or debit cards each month for the applicable service plan and any additional usage or services. Magneceutical Health is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges correctly billed by Magneceutical Health. If you do not pay us money you owe us on time, we may suspend or terminate your access to the Services. However, subscription services fees and late fees will continue to accrue until you or we cancel your account; provided that these late fees will not exceed the applicable legal limits. All charges are considered valid unless you dispute them in writing within 60 days of the billing date. Adjustments will not be made for charges that are more than 60 days old.
3. Locations and Usage. Not all web access points to use the Services or enabled venues may be available at all times.
4. Accessing the Magneceutical Health Website.It is your responsibility to obtain and maintain access to the Internet via your Internet Service Provider (ISP). We are not responsible for that service, or connection. YOUR USE OF ANY THIRD PARTY NETWORKS WILL BE GOVERNED BY THIRD PARTY Terms Of Service (TOS) AS WELL AS THIS SERVICES AGREEMENT.
5. Advertisements, Searches, and Links to Other Sites
Magneceutical Health may provide links to third-party web sites. Magneceutical Health also may select certain sites as priority responses to search terms you enter and Magneceutical Health may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Magneceutical Health does not recommend and does not endorse the content on any third-party websites. Magneceutical Health is not responsible for the content of linked third-party sites, sites framed within the Magneceutical Health Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Magneceutical Health does not endorse any third-party product, service, or treatment advertised on the Magneceutical Health Site.
6. How Your Subscription Is Finalized. Our invitation to you to order a subscription to the Services is not an "offer" by us to sell you a subscription at the prices on Magneceutical Health website located at www.MyLocationOfRelaxation.com (the “Magneceutical Health Website”). Instead when you complete the registration form, you make an offer to us to buy a subscription, which we can accept or reject. Your order is accepted (and a legal contract is created between us) when we send you a confirmatory email accepting your order. If there is a mistake in the subscription pricing on the Magneceutical Health Website then, when we receive your order we will email you and set out the correct price and give you the opportunity to request a subscription at that price or you may decide not to subscribe.
7. Payment. If payment cannot be charged to your credit or debit card or your charge is returned to Magneceutical Health for any reason, Magneceutical Health reserves the right to pursue any and all legal remedies to collect the amount owed by you, to suspend or terminate your access to the Magneceutical Health service and your account, and to terminate all obligations of Magneceutical Health under this Services Agreement.
8. Input of Incorrect Information. Magneceutical Health cannot accept any liability for your failure to comply with specific instructions stated on the Magneceutical Health Website or for any incorrect information provided by you.
9. Your Username and Password.
a. Upon registration, you will receive a username, password, and account identification number; for Magneceutical Health Website, the software will maintain your username and password. You will use the password only for access to the Services and not for any other purpose. You are the only authorized user of your Magneceutical Health account, unless expressly specified as multiple users in your service plan, and your use of your account must comply with this Services Agreement. Any breach of this Services Agreement and any use of the Services by anyone to whom you disclose your username and/or password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations under this Services Agreement. Any such use will be paid for by you as set out in this Services Agreement.
b. You must keep your password confidential at all times so that no one else may access the Services through your account. If multiple users are part of your account each user will have their own username and password. Please notify Magneceutical Health immediately upon discovering any unauthorized use of your account or error in the operation of a password. You agree not to use any automatic method to avoid disconnection due to inactivity; you may not maintain a connection unless actively using it.
c. Usernames and passwords are Magneceutical Health's property and Magneceutical Health reserves the right to alter or replace them at any time in its sole discretion.
d. You shall cease to use and delete the password from any of your records upon expiry or termination of your registration for whatever reason.
10. Monitoring the Services. Magneceutical Health has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Magneceutical Health, in its sole discretion, believes that it is reasonable to do so, including without limitation to: (a) satisfy laws, regulations, or governmental or legal requests; (b) operate the Services properly; or (c) protect itself and its customers.
11. Our Provision of the Services. We will use reasonable efforts to provide access to the Magneceutical Health Website. We do not guarantee that access will be available to you at all locations all of the time or that the access will be at any particular bandwidth rate. Accordingly, we are not responsible to you if you cannot access the Internet or Web, or if access is temporary or available bandwidth is lower than expected.
a. In addition, viruses and other malicious code are common on the Internet and on email. Because we do not control the networks and other equipment that gets you access to the networks, we cannot protect your equipment against viruses and strongly recommend you obtain up-to-date anti-virus and firewall software to protect your equipment.
12. Warranty Disclaimer and Limitation of Liability.
a. YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN INTERNET COMMUNICATIONS AND TECHNOLOGY, AND MAGNECEUTICAL HEALTH DOES NOT MAKE ANY GUARANTEES OR WARRANTIES RELATING TO SUCH RISKS.
b. THE SERVICES AND THE THIRD PARTY NETWORKS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THIS SERVICE OR THIRD PARTY NETWORKS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS SERVICES AGREEMENT. YOU AGREE THAT YOUR USE OF THE SERVICES AND THIRD PARTY NETWORKS WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THIS SERVICE, THIRD PARTY NETWORKS AND YOUR USE THEREOF.
c. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES OR THIRD PARTY NETWORKS, (B) ANY INTERRUPTION, ACCESS DELAYS OR CESSATION OF THE SERVICES OR THIRD PARTY NETWORKS, (C) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR ANY THIRD PARTY NETWORK; (D) ANY DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION CAUSED BY THE SERVICES OR THIRD PARTY NETWORKS; (E) ANY LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT USER ID OR PASSWORD; (F) ANY CIRCUMSTANCES THAT MAGNECEUTICAL HEALTH CANNOT REASONABLY BE EXPECTED TO CONTROL, INCLUDING ANY FAILURE IN COMMUNICATIONS, THIRD PARTY SERVICES AND INTERNET DOWNTIME; OR (G) HARM RESULTING FROM YOUR ACCEPTANCE OF A THIRD PARTY TOS WITHOUT HAVING FIRST READ IT.
d. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
e. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY THIRD PARTY NETWORKS. IN NO EVENT SHALL WE AND OUR EMPLOYEES BE LIABLE (WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR FOR ANY OTHER REASON, FOR ANY LOSS OF PROFITS, WASTED TIME, SALES OR REVENUE, LOSS OF GOODWILL, LOSS OF THE USE OF ANY SOFTWARE, DATA OR COMPUTER EQUIPMENT, LOSS OF BARGAIN, LOSS OF OPPORTUNITY, LOSS OF WASTE OF MANAGEMENT OR OTHER STAFF TIME.
f. MAGNECEUTICAL HEALTH'S CUMULATIVE LIABILITY TO YOU IN RELATION TO ALL EVENTS OCCURRING IN ANY GIVEN PERIOD OF 12 MONTHS FOR ANY AND ALL CLAIMS RELATING TO YOUR USE OF THE SERVICES, LICENSED PROGRAMS, OR ARISING OUT OF YOUR USE OF ANY SERVICES WHETHER IN CONTRACT, TORT (INCLUDING IN NEGLIGENCE) OR OTHERWISE WILL NOT EXCEED AN AMOUNT EQUAL TO 100% OF THE TOTAL AMOUNT OF SERVICE FEES PAID OR PAYABLE BY YOU DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM IN QUESTION.
13. Acceptable Use Policy. By using the Magneceutical Health Website or services, you agree to the following AUP:
a. Magneceutical Health does not actively monitor the use of the Services. However, Magneceutical Health may remove, block, filter, or restrict by any other means any materials that, in Magneceutical Health's sole discretion, may be illegal, may subject Magneceutical Health to liability or may violate this AUP. Magneceutical Health may cooperate with legal authorities or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Services and your Magneceutical Health account or other actions as detailed below.
Without limiting the foregoing, except to the extent expressly set out in this Services Agreement or with our express written permission (in which case you must comply with any terms relating to such use that we specify), you agree not to use the Services:
i. to transmit any information or written, graphic or photographic material (“Material”) (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, pornographic, libelous, invasive of another's privacy, threatening, menacing, offensive, hateful or racially, ethnically or otherwise objectionable;
ii. to harm, or threaten to harm, minors in any way;
iii. to impersonate any person or entity or falsely state or otherwise misrepresent your identity or status or misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;
iv. to transmit any Material (by uploading, posting, email or otherwise) in breach of this Services Agreement including any Materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
v. to transmit any Material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other intellectual property, privacy, publicity or other rights of any third party;
vi. to transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
vii. to transmit any Material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
viii. to disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
ix. to interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
x. to hack into the Magneceutical Health Website or any other related computer system, make excessive traffic demands, forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behavior that may reasonably be expected to inhibit other users from using and enjoying the Magneceutical Health Website or any other website or damage or destroy the reputation of Magneceutical Health or any third party;
xi. to intentionally or unintentionally violate any applicable law, regulation or statute including, but not limited to, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
xii. to “stalk” or otherwise harass, threaten, or violate the rights of others; or collect, store or process, or attempt to collect, store or process, personal data about third parties without their knowledge or consent;
xiii. to resell or advertise to resell the Services without Magneceutical Health's authorization; or
xiv. as a replacement for residential or commercial Internet access or for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server;
xv. customers are not permitted to schedule or program automated logins to the Services.
b. Magneceutical Health requests that anyone who believes that there is a violation of the AUP direct the information to the appropriate contacts set forth in Section 2. If available, please provide the following information: (i) the IP address used to commit the alleged violation; (ii) the date and time of the alleged violation, including the time zone; and (iii) evidence of the alleged violation. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information.
c. Magneceutical Health may take any one or more of the following actions, or other actions not listed, at Magneceutical Health's sole discretion in response to breaches of the AUP: (i) issue warnings, written or oral; (ii) suspend your account or the Services (as applicable); (iii) terminate your account or the Services (as applicable); (iv) bill you for administrative costs and/or reactivation charges, with a minimum administrative cost; or (v) bring legal action to prevent violations and/or to collect damages we are legally entitled to, if any, caused by violations.
14. Copyrights and Trademarks. All copyright, database rights, trademarks and other intellectual property rights in any and all aspects of the Magneceutical Health Website (including text, graphics, photographs, logos, buttons, icons, images and software (including compilations, underlying source code and applets) and all other material on the Magneceutical Health Website) is the property of Magneceutical Health or its licensors or partners and is protected by U.S. and international intellectual property laws. Reproduction, duplication, modification, distribution, transmission, replication, display or performance of the content of the Magneceutical Health Website without the express written permission of Magneceutical Health is strictly prohibited.
15. Suspension and Termination.
a. You may terminate your account at any time and for any reason by providing written notice of your intent to terminate to Magneceutical Health at least 15 business days prior to the end of your billing cycle. Notice may be provided by registered or certified mail, return receipt requested addressed to Magneceutical Health LLC., Customer Care, 611 Druid Rd. East, Suite 714, Clearwater, FL 33756; or via email to Magneceutical Health's Customer Care dept at www.magneceutical.com Your termination will only be complete upon your receipt of a cancellation confirmation number from Magneceutical Health. If a termination notice is received at least 15 business days prior to the end of your current billing cycle, termination of your account will be effective at the end of your then current billing cycle. If a termination notice is received less than 15 business days prior to the end of your current billing cycle, charges to your account may continue until the end of the following billing cycle.
b. Magneceutical Health may suspend the operation of the Magneceutical Health Website and/or the Services for repair or maintenance work or in order to update or upgrade the contents or functionality of the Magneceutical Health Website from time to time.
c. Without prior notice, Magneceutical Health may suspend or terminate this Services Agreement, your password, your account, and/or your use of the Services in the event that: (a) you have violated this Services Agreement or any of the policies applicable to customers (PLEASE SEE BELOW FOR FURTHER CLARIFICATION); (b) you fail to pay any charges when due; or (c) you (i) have a receiver or administrative receiver appointed, (ii) become subject to an administration order, (iii) become bankrupt or have bankruptcy proceedings commenced; or (iv) are affected in any jurisdiction by any proceedings of substantially similar affect to any of those listed in (i) - (iii) above. Magneceutical Health may provide termination notice to you by email or by first class post or courier service to the address you provided for the Services. All notices to you will be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.
For avoidance of doubt Magneceutical Health reserves the right to review usage for all accounts. Excessive data transfer, minutes of usage, login events and other criteria may be used to trigger an account review. Any usage deemed to be in violation of our AUP can result in a warning, account suspension or account termination.
d. Without prior notice, Magneceutical Health may suspend or terminate this Agreement and/or your use of the Services in the event that you have violated this Services Agreement or any of the policies applicable to customers.
e. The provisions of the following sections of this Services Agreement will survive termination of this Services Agreement: 1-2, 6-8 and 11-18.
16. Enquiries or Complaints. If you have any enquiries or complaints about the Magneceutical Health Website or Services, then please address them to the appropriate contacts set forth in Section 2.
17. Governing Law. For the avoidance of doubt, any contract for the provision of the Services will be deemed to have been concluded in Florida, United States of America. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of Florida, United States of America, without giving effect to conflict of laws provisions thereof.
18. Miscellaneous. This Services Agreement sets out all of the terms that have been agreed between Magneceutical Health and you in relation to the subjects covered by it. Subject to Section 16(b)(iv), no other representations or terms shall apply to form part of this Services Agreement. This Services Agreement and the Privacy Policy, and Magneceutical Health's other Customer policies posted on the Magneceutical Health Website constitute the entire agreement between you and Magneceutical Health with respect to your use of the Services. Magneceutical Health may revise, amend, or modify this Services Agreement and any other Customer policies and agreements at any time and in any manner without notice. You should check these policies each time you revisit the Magneceutical Health Website. All notices and return of the Magneceutical Health software and documentation should be delivered to: Magneceutical Health LLC., 611 Druid Rd. East, Suite 714, Clearwater, FL 33756 USA, Attn: Corporate Counsel.
End User License Agreement
Acceptance of terms
Please read End User License Agreement (this “EULA”) carefully before accessing the Magneceutical Health Website or using the accompanying software, Magnetic protocols, Magnetic Relaxation sessions and any documentation or updates provided. This EULA is a legally binding agreement between you (an entity or person) and Magneceutical Health LLC., Pico-Tesla Magnetic Therapies LLC., Applied Magnetics LLC., its Licensors, Sub-Licensees, Directors, Managers, Officers and Affiliates hereinafter referred to as (“Magneceutical Health,” “we,” “us,” or “our”). By connecting to our Website, installing and/or using the software and documentation accompanying this Agreement, you agree to be bound to the terms and conditions of this EULA. If you do not agree to all of the terms and conditions of this EULA, you must not install or use the Software and must exit the Magneceutical Health registration process and website. You should print and keep a copy of this Agreement for your future reference.
Agreement
1. Who We Are. Magneceutical Health LLC. is a Delaware limited liability company and its main business address is at Magneceutical Health LLC., 611 Druid Rd. East, Suite 714 Clearwater FL 33756, USA ("Magneceutical Health", "we" and "us").
2. Your Rights To Use Magneceutical Health Software.This section is about how you may use the software you are about to access, including any updates thereto that Magneceutical Health makes generally available to its users (“Updates”) (collectively, “Software”), Magnetic protocols (“Protocols”) and any associated documentation (“Documentation”) ( Software, Protocols and Documentation, collectively, the "Magneceutical Health Software"). Magneceutical Health grants you a non-exclusive, non-transferable, terminable license to use the Software during the term of the Services Agreement solely for your own personal use, which includes accessing and using the Magneceutical Health website (www.MyLocationOfRelaxation.com) to engage in or provide Magnetic protocols for Relaxation sessions that may be provided by Magneceutical Health from time to time. You may not copy the Magneceutical Health Software. You may make one (1) copy of the Documentation for use during the term of the Subscription Agreement in connection with the Magneceutical Health Software. Magneceutical Health may modify the Magneceutical Health Software at any time, for any reason, and without providing you with notice of such modification. Modifications will be intended to add functionality, solve bugs or otherwise improve and update the Magneceutical Health service. You will not receive a hard-copy of the Documentation, technical support, telephone assistance or enhancements to the Magneceutical Health Software under this Agreement.
3. We Own All Rights in the Magneceutical Health Software. The Magneceutical Health Software and the worldwide intellectual property rights embodied therein are owned by Magneceutical Health and our licensors. In addition, the Software, including its structure, organization and source code, and the Documentation are the confidential and proprietary information of Magneceutical Health and our licensors. Magneceutical Health reserves all rights in and to the Magneceutical Health Software that are not expressly granted to you in this Agreement.
4. What You Are Allowed and Not Allowed to Do with the Magneceutical Health Software. You may only use the Magneceutical Health Software in ways that comply with the law in the jurisdictions in which you use the Magneceutical Health Software. Examples of laws which may be relevant to how you use the Magneceutical Health Software include without limitation, rules restricting your rights to copy and use other people's content under copyright law. There are some other things which, because Magneceutical Health Software is a valuable asset of our business, you agree not to do. You shall not:
• take any action to jeopardize, limit or interfere in any manner with Magneceutical Health's or its licensors' ownership of or rights with respect to the Magneceutical Health Software;
• redistribute the Magneceutical Health Software to anyone else;
• permit other individuals to use the Magneceutical Health Software or Website;
• modify, translate, reverse engineer, decompile, disassemble the Software.
• copy the Magneceutical Health Software (except as permitted herein);
• rent, lease, transfer, encumber, sublicense or otherwise transfer rights to the Magneceutical Health Software;
• alter or remove any proprietary notices or labels from the Magneceutical Health Software, or add any proprietary notices to the Magneceutical Health Software;
• create derivatives or adaptations of the Magneceutical Health Software; or
• otherwise use the Magneceutical Health Software in a manner not permitted by this Agreement.
You will pay us all our reasonable and foreseeable costs that we incur as a result of your breaking any of the restrictions in the list of bullet points above.
5. Updates and Location Information.
a. Updates. The Software may automatically communicate with Magneceutical Health's servers on the Internet to check for Updates such as bug fixes, patches, enhanced functions and new versions. Magneceutical Health will notify you when updates are available. If you decide to update, you agree that Magneceutical Health may download updates to you and install them as part of the Software. All such updates to the Software are governed by this Agreement, unless other license terms are provided with the update.
b. i. Although Magneceutical Health takes reasonable steps to provide security for the auto update process, Magneceutical Health is not responsible for the failure of such security measures.
6. Termination.
a. This Agreement is effective from the first date you access our Website, use our Protocols or download the Software. Your right to use the Software under this Agreement automatically terminates if you: (i) fail to comply with any provisions of this Agreement; (ii) have a receiver or administrative receiver appointed; (iii) become subject to an administration order; (iv) become bankrupt or have bankruptcy proceedings commenced; or (v) become affected in any jurisdiction by any proceedings of substantially similar affect to any of those listed in (ii) - (iv) above.
b. You may terminate this Agreement at any time by destroying or returning the Magneceutical Health Software, all backup copies and all related materials provided by Magneceutical Health, and forwarding to Magneceutical Health at the address below a written notice of your election to terminate this Agreement.
c. Upon termination of this Agreement for any reason, all rights granted in this Agreement will immediately cease to exist and you must promptly discontinue all use of the Magneceutical Health Website and Software and destroy the Magneceutical Health Software and all copies thereof. Sections 3, 4, 7, and 8 of this Agreement will survive termination of this Agreement.
7. Disclaimer of Warranty and Limitation of Liability.
The use of the Magneceutical Health Site and the Content is at your own risk.
When using the Magneceutical Health Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Magneceutical Health and its suppliers. Accordingly, Magneceutical Health assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Magneceutical Health Site.
The Magneceutical Health Site and the content are provided on an "as is" basis. MAGNECEUTICAL HEALTH, ITS AFFILIATES, LICENSORS, MEMBERS, EMPLOYEES, OFFICERS, AND DIRECTORS AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Magneceutical Health, its licensors, and its suppliers make no representations or warranties about the following:
a. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Magneceutical Health Site or Magneceutical Health.
b. The satisfaction of any government regulations requiring disclosure of information on prescription drug products, devices, or the approval or compliance of any software tools with regard to the Content contained on the Magneceutical Health Site.
In no event shall Magneceutical Health, its licensors, its suppliers, or any third parties mentioned on the Magneceutical Health Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Magneceutical Health Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Magneceutical Health, its licensors, its suppliers, or any third parties mentioned on the Magneceutical Health Site are advised of the possibility of such damages. Magneceutical Health, its licensors, its suppliers, or any third parties mentioned on the Magneceutical Health Site shall be liable only to the extent of actual damages incurred by you, not to exceed 100% of the subscription fee’s paid by you to Magneceutical Health over the preceeding 6 months. Magneceutical Health, its licensors, its suppliers, or any third parties mentioned on the Magneceutical Health Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
8. Miscellaneous.
a. In addition to the terms and conditions associated with this Agreement, Customer acknowledges that he/she has been provided copies (electronically and otherwise) of several documents whose terms and conditions are attached and made a part hereof. Specifically Customer agrees to the terms, conditions, rights and liabilities as contained in the following Agreements:
1. Magnesphere Halo Residential Sales and License Agreement, or
2. Magnesphere Halo Residential Lease and License Agreement, and
3. Informed Consent and Waiver of Liability, and
4. HIPAA/ Notice of Privacy Practices
b. This Agreement sets out all of the terms that have been agreed between Magneceutical Health and you in relation to the subjects covered by it. This Agreement is governed by the laws of the State of Florida, United States of America, and without giving effect to the conflict of laws provisions thereof, and both parties submit to the exclusive jurisdiction of the State and Federal courts located in Pinellas County, Florida, United States of America in relation to any dispute concerning this Agreement, but Magneceutical Health is also entitled to apply to any court worldwide for injunctive and other remedies in order to protect or enforce its Intellectual Property Rights. All notices and return of the Magneceutical Health Software and documentation should be delivered to: Magneceutical Health LLC., 611 Druid Rd. East, Suite 714, Clearwater FL 33756, USA, Attn: Corporate Counsel.