CLIENT AGREEMENT - TERMS OF USE

You must agree to the terms and conditions and definition of terms below before you are authorized to enter the Magnarx.com or Magnarxstore.com website(s).  By entering the website(s) you verify and agree to the following:
 
1. I am an adult, being at least 18 years of age.
 
2. I have read the terms and conditions and definition of terms and agree to them or I will not enter the site.
 
3. I will not duplicate, utilize, or transfer in any media or format any of the content contained herein without the express written consent of Magna-RX, Inc. including but not limited to videos, photographs, advertising copy, registered trademarks, copyrights, design elements, graphics and any other intellectual properties that are the exclusive property of Magna-RX, Inc.
 
4. I will hold Magna-Rx Inc., its officers and employees, harmless from and against any claims, liability, losses, costs, damages, or expenses (including attorney's fees) arising from my use of any Magna-Rx Inc. product or utilization of this website and the information contained therein.
 
5. Limitation of Liability
IN NO EVENT SHALL MAGNA RX, INC., ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, BUSINESS PARTNERS, CUSTOMERS AND ANY OTHER AUTHORIZED AGENT OR REPRESENTATIVE OF MAGNA-RX, INC. HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING WITHOUT LIMITATION AN INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO MAGNA-RX, INC. SERVICE, THE USE OR THE INABILITY TO USE THE SITE AND/OR ANY CONTENT, ANY CONTENT OR OTHER GOODS OR SERVICES PURCHASED, LICENSED, OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SITE, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY USER CONTENT, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF ANY NEGLIGENCE OF MAGNA RX, INC. OR ANY OF ITS AFFILIATES OR AGENTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
 
6. Release, Waiver and Covenant Not to Sue
To the fullest extent allowed by law, you hereby release and discharge Magna-RX, Inc., its affiliates, officers, directors, shareholders, employees, business partners, customers and any other authorized agent or representative of Magna-RX, Inc., from any and all liability associated with your use of the Site. This release shall apply to any and all claims, whether known or unknown, held by you.
 
7. With respect to the releases contained herein, the parties agree that this release fully and finally releases and forever resolves the actions and liabilities released herein, and each party hereby waive all benefits under Section 1542 of the California Civil Code, as well as under any other statutes or common law principles of similar effect. Each party acknowledges having read and understood Section 1542, which states as follows:
 
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
 
You hereby also agree and covenant not to sue, and expressly waives any and all claims against, Magna-RX, Inc. for any claim that is released hereunder or for an amount in excess of the limitation of liability provided in this Agreement.
 
8. Indemnity
You agree to indemnify, defend, and hold Magna-RX, Inc., its parents, subsidiaries, affiliates, officers, directors, employees, and agents harmless, at your sole expense, from and against any claim, action, legal proceeding, damages, liability, settlements, expenses (including reasonably attorneys' fees) and other costs arising out of or relating to (i) your breach of these Terms of Use or the documents it incorporates by reference; (ii) your negligence or misconduct; or (iii) a claim that your use of any Content infringes the copyright, trademark, trade secret, patent or other proprietary right of a third party. Magna-RX, Inc. may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by Magna-RX, Inc., however, shall not excuse any of your indemnity obligations.
 
Individual results may vary. Statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease. Offers not valid in Arizona or where prohibited by law. ©2010 MAGNA-RX, Inc. All Rights Reserved. Made in the U.S.A. MAGNA-RX+ is a registered trademark.
 
DEFINITION OF TERMS
 
MALE ENHANCEMENT – Refers to the support and/or promotion of improved erectile strength and/or overall sexual experience for men.
MALE PERFORMANCE – Refers to erectile strength, endurance, and confidence level.
 
Any reference to an INCREASE IN  PENIS SIZE or ERECTILE GROWTH whether implied or otherwise, associated with or without the words  GROWTH, ENLARGEMENT, LONGER, THICKER, BIGGER, HARDER all explicitly refer to, are descriptive of and/or are synonymous with the biological occurrence in men commonly known as an erection.  For the majority of men an erection (engorged penis) may temporarily increases the length, thickness and hardness of the penis when the same penis is compared in its normally flaccid state. No reference contained on this website, advertisements, promotional copy or elsewhere is meant to imply or suggest any of the products for sale on this site claims to permanently increase ones penis size or cause any literal permanent growth of any kind.
 
Any reference to the product being GUARANTEED including but not limited to such terms as GUARANTEED EFFECTIVE, GUARANTEED TO WORK, TRY IT RISK FREE all refer explicitly to the company’s “MONEY BACK GUARANTEE”.  If for any reason the product does not work for a particular individual or if the person is unsatisfied for any reason whatsoever, the company guarantees to refund the purchase price of the product as long as the customer makes such request in writing within 60 days after receiving the product.  The company in no way implies or warrants that any of the products contained on this site will work for every person as individual results may vary.

Access
MagnaRx.com Inc. will provide you with access to the Site for the purpose of learning about Magna-RX, Inc. and its products. By providing this access, Magna-RX, Inc. is acting as an online information provider only. No identifying information about any person under the age of 18 should be included in any submission or e-mail to the Site.

This is a Contract
By acknowledging your acceptance of these terms and conditions, a contract will exist between you and Magna-RX, Inc. Magna-RX, Inc. agrees that it will honor its obligations contained here and in its Privacy Statement (which Magna-RX, Inc. may change from time to time and which you accept so long as Magna-RX, Inc. posts reasonable notice of such changes on the Site), as well as any other terms for providing service which we may place in writing from time to time. In turn, you acknowledge that you are bound by the terms and conditions of this Client Agreement and that you will honor your promises to Magna-RX, Inc. under this contract. Magna-RX, Inc. reserves the right to modify and amend these terms, and to post the amended Terms of Use on the Site. By using the Site, you agree to abide by the applicable Terms of Use, as amended from time to time.

Permitted Use/Proprietary Rights
All information and Content available on the Site, including all Content provided by the Content Providers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights or laws, unless otherwise specified. You may not, without Magna-RX, Inc. or the appropriate Content Provider's permission, download, copy, modify, display, or prepare derivative works based upon the Content on the Site. All rights not expressly granted herein are reserved.

Any reproduction, except for your personal non-commercial use, or republication, distribution, assignment, sublicense, sale or creation of derivative works, of all or any portion of the Content viewed or accessed from the Site without the express written permission of Magna-RX, Inc. or the Content Providers is expressly prohibited. You may not copy, post, or upload any of Magna-RX, Inc. Content to an Internet website, any public or private bulletin board system, or any other electronic network or Internet service, nor may you post any links between Site, and or any Content thereon, to any other website or location.

You understand and agree that the information and Content available on the Site may contain valuable proprietary rights and that any unauthorized, unlicensed, or prohibited disclosure, distribution, copying, or use of any kind of this information and Content ("Unauthorized Use") could result in substantial and irreparable harm to Magna-RX, Inc. and/or the respective Content Providers. Any Unauthorized Use by you shall be deemed an infringement of the rights of Magna-RX, Inc. or the respective Content Provider therein and shall constitute damage to the reputation and goodwill of Magna-RX, Inc.. You agree to bear full responsibility for the consequences of any Unauthorized Use by you or anyone acting on your behalf, including without limitation, termination of your Magna-RX, Inc. account, civil liability, and criminal prosecution. Notwithstanding any other remedies, you agree that Magna-RX, Inc., or the appropriate Content Provider, shall be entitled as a matter of right, and without notice, to equitable relief by way of injunction or otherwise, in the event of any Unauthorized

Use by you.
You acknowledge Magna-RX, Inc. proprietary rights, including any and all copyrights and trademarks, in the Magna-RX, Inc. name and the Site. The Magna-RX, Inc. site includes the structure, sequence, organization, and look and feel of the Site, the database, listing, and transaction systems, and or the Content, where applicable, as well as the selection, arrangement and display of facts within Content, and in subjective or discretionary information (if any) needed by Magna-RX, Inc. to any Content. You agree not to violate the applicable copyrights or trademarks, if any, protecting the Magna-RX, Inc. site. You will indemnify Magna-RX, Inc. for any and all costs and expenses (including attorneys' fees) associated with any legal action brought by or against you with respect to the Magna-RX, Inc. site.

Anti-Spamming Policy
MagnaRx.com maintains a strict anti-spam policy. No client at any time may send unsolicited e-mail as a way of promoting any MagnaRx product or website. Anyone found to use non opt-in e-mail to promote an Magna-RX, Inc. property will have their account immediately disabled. This includes e-mail spamming, newsgroups, and IRC. If you violate this term of your agreement you will be terminated from the program and will not be paid. Spam complaints will be reported to the FBI.

RESOLUTION OF DISPUTES
Consumer acknowledges that he/she has read and agrees to the following condition(s) to resolve any potential disputes between Consumer and Magna-RX, Inc. prior to the purchasing of any product(s) promoted on this web site, whether purchased directly through this web site or through any other media, advertising, promotional material, or retail outlet. If Consumer is unsatisfied for any reason with the purchase of any product(s) contained herein, he/she may request a full refund of the purchase price in writing to Magna-RX, Inc's address within 60 days after receipt of product(s) or if this is not acceptable, Consumer agrees to resolve all disputes in regard to the Terms of Service (TOS) with Magna-RX, Inc., including but not limited to the purchase, use, and efficacy of product(s) , as follows:

1. Arbitration. All disputes arising out of or relating to these TOS (including its formation, performance or alleged breach) or your use of the Website will be exclusively resolved under confidential binding arbitration held in Los Angeles, California before and in accordance with the Rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this TOS will be joined to an arbitration involving any other party subject to this TOS, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in Los Angeles, California to enforce this TOS or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

2. WAIVER OF CLASS ACTION RIGHTS. BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS TOS MUST BE ASSERTED INDIVIDUALLY.

3. Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

Unauthorized Access of the Site
Unauthorized access of the Site, including by entering or monitoring the Site on any level other than through the Registration/Home Page, is expressly prohibited.

Linking and Framing Prohibited
You will not establish a link between any other website and this Site (or any Content on Site), or permit anyone else to establish such a link, either to the home page or to any other page herein. You will not frame any page or portion of this Site. The creation and/or the facilitation of the creation of links and/or frames to this Site and/or any Content is expressly prohibited and will be grounds for termination of your account.

Links to Third Party Websites
To facilitate your ability to obtain Content, Magna-RX, Inc. may provide links on its Site to Content Providers, as well as other third parties. Through these links you are permitted to leave the Site. Magna-RX, Inc. has no control over these linked websites and Magna-RX, Inc. is not responsible in any way for the operation, content, practices, or legality of those websites. Magna-RX, Inc. is providing these links solely for the convenience of its Clients. You hereby waive any claim you might have against Magna-RX, Inc. with respect to these websites.

Disclaimer of Warranties
Magna-RX, Inc. does not warrant or make any representations regarding the operation of the Site, the use, validity, or the results of the use of the materials or Content on this Site, the products or services obtained through this Site or any other websites linked to this Site, or any transactions entered into through this Site. You use any and all Content at your own risk. Magna-RX, Inc. is not responsible for any errors or omissions or for the results obtained from the use of any information, provided on this Site.

While it makes every effort to make sure its Site is always available to you, Magna-RX, Inc. does not guarantee that the Site, software, materials or products will be uninterrupted, timely, secure, or free of errors, or that any defects in the Site, software, materials or products will be corrected.

While it takes reasonable steps to prevent such problems, Magna-RX, Inc. cannot guarantee or warrant that the Content, files, or information available on or for downloading from this Site will be free from infection, viruses, worms, Trojan horses or other codes that manifest contaminating or destructive properties. You understand and agree that any Content, files, or information downloaded or otherwise obtained through the use of this Site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such Content, files, or information. Magna-RX, Inc. assumes no responsibility for the deletion of or failure to hold or store e-mail messages.

THE SITE AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MAGNA-RX, INC. MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SITE OR THE CONTENT, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OR MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Check your state law.

Termination/Cancellation/Modification
Magna-RX, Inc. may terminate this Agreement, with or without cause, at any time, without notice, and without penalty. The following provisions shall survive any termination of this Agreement: Permitted Use/Proprietary Rights; Unauthorized Access of Site; Linking and Framing Prohibited; Disclaimer of Warranties; Limitation of Liability; Release, Waiver and Covenant Not to Sue; Indemnity; and, Governing Law and Jurisdiction.

Magna-RX, Inc. may change the Terms of Use at any time without notice by posting the changes on our Site. All changes shall automatically be effective 30 days after they are initially posted on our Site.

Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed under the laws of the State of California without reference to conflict of laws principles. These Terms of Use are deemed entered into in Los Angeles County , California . All disputes arising out of or related to these Terms of Use, the services, or Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County , California , and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.

Entire Agreement
This is the entire agreement between the parties relating to the subject matter hereof and no waiver or modification of these Terms of Use shall be valid unless in writing and accepted by each party. The waiver of breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.

THE USE OF THE CONTENT AVAILABLE THROUGH THIS SITE IS SUBJECT TO THE FOREGOING TERMS OF USE. BY SUBMITTING INFORMATION TO, OR ACCESSING INFORMATION FROM, THE SITE, YOU AGREE TO THE FOREGOING TERMS OF USE, NOTWITHSTANDING ANY LICENSE AGREEMENTS INTO WHICH YOU MAY SEPARATELY ENTER. THESE TERMS OF USE ARE A LEGAL AGREEMENT BETWEEN YOU AND MAGNA-RX, INC. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT SUBMIT INFORMATION TO, OR ACCESS INFORMATION FROM, THE SITE.

The Terms of Use (as changed from time to time as provided herein) shall apply to each time you visit Site.

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© 2010 Magna RX Inc. MAGNA-RX+® is a Registered Trademark. All Rights Reserved. These offers or any offers from Magna RX Inc. are not valid in the state of Arizona or anywhere prohibited by law. Individual results may vary. Individuals and testimonials shown on the website are paid models and not necessarily Magna RX Inc. product users. Trademarks, service marks, logos, and/or domain names (including, without limitation, the individual names of products and companies) are the property of their respective owners, have no association with and do not make any endorsement of Magna RX Inc. Products. The statements on this website have not been reviewed by the Food and Drug Administration. This product or any Magna RX Inc. product is not intended to diagnose, treat, cure or prevent any disease. Individual results may vary.