(Last updated March 24, 2016)
The following terms and conditions (“Terms of Use”) govern all use of the magimpact.com website, including any content and services accessible through sub-domains such as (but not limited to) mytools.magimpact.com, and all content, services and products available at or through the website and all its sub-domains (the “Website”). The Website is owned and operated by magIMPACT, Inc. (“MAGIMPACT”). The Website is offered subject to your acceptance without modification of all the Terms of Use contained herein and all other operating rules, policies (including, without limitation, MAGIMPACT’s Privacy Policy) and procedures that may be published from time to time on this Website by MAGIMPACT.
Section 1
Acceptance of Terms of Use
Please read the Terms of Use carefully before accessing or using the Website. By accessing or using the Website, you are agreeing to be bound by the entire Terms of Use. Any new features or tools which are added to the Website shall be also subject to the Terms of Use. You can review the most current version of the Terms of Use on the Website at any time. MAGIMPACT reserves the right to update or change the Terms of Use by posting updates and changes to the Website. You are advised to check the Terms of Use from time to time for any updates that may impact you and your use of the Website.
Section 2
Access to the Website
The Website is available only to individuals who are at least 13 years old. In order access any paid services offered on the Website, you must be 18 years old or have otherwise reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Terms of Use, and to abide by and comply with the Terms of Use. It is your responsibility to ensure that you are legally eligible to enter into this Terms of Use agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept the Terms of Use, you represent that you have the capacity to be bound by it.
Section 3
Responsibility of Visitors
MAGIMPACT has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, MAGIMPACT does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MAGIMPACT disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Information and services provided on the Website are provided for informational purposes only. While we believe you can benefit from applying the content made available on the Website, MAGIMPACT makes no claims or guarantees that you will achieve any specific results through the application of the content and materials provided on the Website. It is your responsibility to evaluate and apply this information in a manner that you decide is best, and you are solely responsible for the consequences of your actions and any results obtained.
Section 4
Support
MAGIMPACT provides email support to users of the Website. Please contact your account manager (or accountmanager@magimpact.com) for any questions, concerns or comments you have about the Website or its content and materials. Your account manager will try her or his best to reasonably assist you with any issues related to the Website and the services we provide. Assistance and advice from account managers, or any other MAGIMPACT staff, should be carefully evaluated by you for soundness and applicability to your specific situation. While we try our best to provide you with the best possible advice, guidance and support, you know and understand your particular circumstances best and you are solely responsible for the application and implementation of any information provided to you by MAGIMPACT staff. MAGIMPACT disclaims any responsibility for any harm resulting from your use of any advice, guidance or support provided by MAGIMPACT staff.
Section 5
Responsibilities of Contributors
If you comment on a blog post, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code.
By using the Website, you represent and warrant that your Content and conduct do not violate these Terms of Use. By submitting Content to MAGIMPACT for inclusion on your website, you grant MAGIMPACT a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your website or other marketing assets. This license allows MAGIMPACT to make publicly-posted content available to third parties selected by MAGIMPACT so that these third parties can analyze and distribute (but not publicly display) your content through their services.
If you delete Content, MAGIMPACT will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, MAGIMPACT has the right (though not the obligation) to, in MAGIMPACT’s sole discretion, (i) refuse or remove any content that, in MAGIMPACT’s reasonable opinion, violates any MAGIMPACT policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. MAGIMPACT will have no obligation to provide a refund of any amounts previously paid.
Section 6
Anti-Spam Policy
We believe that unsolicited commercial email (also known as “Spam” or “Junk Email”) is beneficial to neither you, your business, your prospects nor your customers. There are better methods and means to acquire new leads and customers than by sending out bulk unsolicited emails.
We fully endorse and comply with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial email laws.
If you subscribe to electronic newsletters or other communications from us or the Website, you will always have an option to unsubscribe immediately.
You agree not to send out unsolicited commercial email in conjunction with any marketing activities or any other activities related to the Website. Any content, tips, advice, communications, etc. displayed in any manner on the Website is not to be construed to be promoting or encouraging in any way the use of unsolicited commercial email. If you use our web hosting or email hosting services, you agree to not send any unsolicited commercial email through these services at any time for any reason.
Violating our anti-spam policy will result in your account being immediately suspended, without refund.
If you have any questions, concerns or comments regarding our email policies, please contact your account manager via email (or accountmanager@magimpact.com).
Section 7
Security
If you (or we on your behalf) create an account on the Website, you are responsible for maintaining the security of your account and any materials associated with or contained in that account. You agree not to share your account with any other user, including but not limited to co-workers, family, friends, or any third-party entities. Each user must have their own account (note that additional user accounts in most cases are available for no additional fee — contact your account manager for information about how to allow access for additional users).
You are fully responsible for all activities that occur under your account and any other actions taken in connection with the account or materials. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. You must immediately notify MAGIMPACT of any unauthorized uses of your account or any other breaches of security. MAGIMPACT will not be liable for any acts or omissions by you, including those resulting from your negligence and including any damages of any kind incurred as a result of such acts or omissions.
Section 8
Fees, Payments and Refunds
By signing up for any subscription services (including but not limited to MyTools) or recurring-fee services (including but not limited to website hosting services) you agree to pay MAGIMPACT the specified monthly or annual fees in exchange for access to the services. Applicable fees will be invoiced starting from the day your access is established and in advance of using such services. MAGIMPACT reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Access to subscription and recurring-fee sevices can be canceled by you at anytime on 30 days written notice to MAGIMPACT.
For information about refunds for cancelled services, please read our Refund Policy. Requests for refunds must be made in writing and must be received by us within the refund period as stated in Refund Policy (for example, refund requests for MyTools must be received by us within the first 30 calendar days after your account is created). We will make a reasonable effort to get your refund processed within 5 business days.
Section 9
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. MAGIMPACT does not have any control over those non-MAGIMPACT websites, and is not responsible for their contents or their use. By linking to a non-MAGIMPACT website, MAGIMPACT does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MAGIMPACT disclaims any responsibility for any harm resulting from your use of non-MAGIMPACT websites and webpages.
Section 10
Copyright Infringement and DMCA Policy
As MAGIMPACT asks others to respect its intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify MAGIMPACT in accordance with MAGIMPACT’s Digital Millennium Copyright Act (“DMCA”) Policy. MAGIMPACT will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. MAGIMPACT will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of MAGIMPACT or others. In the case of such termination, MAGIMPACT will have no obligation to provide a refund of any amounts previously paid to MAGIMPACT.
Section 11
Intellectual Property
This Terms of Use does not transfer from MAGIMPACT to you any MAGIMPACT or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with MAGIMPACT. MAGIMPACT, the MAGIMPACT logo, and all other trademarks, service marks, graphics and logos used in connection with MAGIMPACT or the Website, are trademarks or registered trademarks of MAGIMPACT or MAGIMPACT’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MAGIMPACT or third-party trademarks.
Section 12
Termination
MAGIMPACT may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Terms of Use agreement or your Website account (if you have one), you may simply discontinue using the Website. All provisions of this Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Section 13
Disclaimer of Warranties
The Website is provided “as is.” MAGIMPACT and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MAGIMPACT nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Section 14
Limitation of Liability
In no event will MAGIMPACT, or its suppliers or licensors, be liable with respect to any subject matter of the Terms of Use under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MAGIMPACT under this agreement during the twelve (12) month period prior to the cause of action. MAGIMPACT shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Section 15
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the MAGIMPACT Privacy Policy, with this Terms of Use, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Section 16
US Economic Sanctions
You expressly represent and warrant that your use of the Website and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and MAGIMPACT reserves the right to terminate accounts or access of those in the event of a breach of this condition.
Section 17
Indemnification
You agree to indemnify and hold harmless MAGIMPACT, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Terms of Use.
Section 18
Miscellaneous
This Terms of Use constitutes the entire agreement between MAGIMPACT and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MAGIMPACT, or by the posting by MAGIMPACT of a revised version. Except to the extent applicable law, if any, provides otherwise, this Terms of Use, any access to or use of the Website will be governed by the laws of the state of Illinois, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Champaign County, Illinois. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Champaign County, Illinois, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Terms of Use shall be entitled to costs and attorneys’ fees. If any part of this Terms of Use is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Terms of Use or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Terms of Use to any party that consents to, and agrees to be bound by, its terms and conditions; MAGIMPACT may assign its rights under this Terms of Use without condition. This Terms of Use will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
About these Terms of Use
We’d like to acknowledge Automattic Inc. (WordPress) for making their legal terms of service available under a Creative Commons Sharealike license. We have used parts of their terms of services as a basis for ours. Read more here: http://en.wordpress.com/tos
