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DISCLAIMERS
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS
IS" AND MAGNA-PLUS EXCLUDES TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY
QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED
ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE
UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT MAGNA-PLUS, ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE
TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in these Terms and
Conditions of Use, the Privacy Policy, or elsewhere on this website,
or as otherwise required by applicable law, neither Magna-Plus nor
its directors, employees, licensors, content providers, affiliates
or other representatives will be liable for damages of any kind
(including, without limitation, lost profits, direct, indirect,
compensatory, consequential, exemplary, special, incidental, or
punitive damages) arising out of your use of, your inability to
use, or the performance of this website or the Content whether or
not we have been advised of the possibility of such damages.
Magna-Plus uses reasonable efforts to ensure the
accuracy, correctness and reliability of the Content, but we make
no representations or warranties as to the Content's accuracy, correctness
or reliability.
There may be links to other websites from the Magna-Plus
website; however, these other websites are not controlled by Magna-Plus
and we are not responsible for any content contained on any such
website or any loss suffered by you in relation to your use of such
websites. You waive any and all claims against Magna-Plus regarding
the inclusion of links to outside websites or your use of those
websites.
Some US states and foreign countries do not permit
the exclusion or limitation of implied warranties or liability for
certain categories of damages. Therefore, some or all of the limitations
above may not apply to you to the extent they are prohibited or
superseded by state or national provisions.
GOVERNING LAWS AND VENUE
This Agreement shall be interpreted, construed and
governed by the laws of the State of Kansas, USA, without reference
to its laws relating to conflicts of law and not including the provisions
of the 1980 United Nations Convention on Contracts for the International
Sale of Goods. Venue for all disputes arising under this Agreement
shall lie exclusively in the Superior Courts of the State of Kansas
in Wyandotte County or the Federal District Courts that have the
jurisdiction of Kansas (as permitted by law) and each party agrees
not to contest the personal jurisdiction of these courts. Notwithstanding
the foregoing, however, Magna-Plus shall have the right to commence
and prosecute any legal or equitable action or proceeding before
any non-US court of competent jurisdiction to obtain injunctive
or other relief in the event that, in the opinion of Magna-Plus,
such action is necessary or desirable.
No action of Magna-Plus, other than an express written
waiver or amendment, may be construed as a waiver or amendment of
any of these Terms and Conditions of Use or Privacy Policy. Should
any clause of these Terms and Conditions of Use or Privacy Policy
be found unenforceable, wherever possible this will not affect any
other clause and each will remain in full force and effect.
We reserve the right to change these Terms and Conditions
of Use, the Privacy Policy, prices, information and available contractual
license terms featured on this website without notice. These conditions
set out the entire agreement between Magna-Plus and you relating
to your use of this website.
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