You, the purchaser and/or user of Magpai.com (hereinafter referred to as “you” and/or “User”) agree to each of the following Deuber & Villacres, Inc. d/b/a Magpai.com.com (referred to herein as “Magpai.com” and/or “we,” ”our” and/or “us”) terms and conditions: YOU ARE NOT PERMITTED TO USE OUR WEBSITE, OR THE MATERIAL, PROGRAMS AND INFORMATION CONTAINED THEREIN, UNLESS YOU UNDERSTAND AND AGREE TO EACH OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT UNDERSTAND AND/OR AGREE TO EACH OF THE FOLLOWING TERMS AND CONDITIONS, DO NOT USE OUR WEBSITE.
We may collect and store personal or other information that you voluntarily supply to us online while using the Site (e.g., while on the Site or in responding via email to a feature provided on the Site). Magpai.com only contacts individuals who specifically request that we do so or in the event they have signed up to receive our free newsletters or have purchased one of our products. Magpai.com collects personally identifying information from our users during online registration and online purchasing. Generally, this information includes name and e-mail address for registration to receive our free newsletters and name, postal address, and credit card information when purchasing our products. All of this information is provided to us by you. We also collect and store information that is generated automatically, as you navigate online through the Site. For example, we may collect information about your computer’s connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Site. The privacy of our members, advertisers and visitors is important to us and we protect your privacy and anonymity by adhering to the following policies:
We also may use a standard feature found in browser software called a “cookie” to enhance your experience with the Site. Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the Site, cookies help us deliver advertisements, identify how many unique users visit us, and track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site where you may have entered preference information before. The Site also may use web beacons (single-pixel graphic files also known as “transparent GIF”) to access cookies and to count users who visit the Site or open HTML-formatted email messages. We use the information we collect from you while you are using the Site in a variety of ways, including using the information to customize features and advertising that appear on the Site.
This website utilizes several tracking and analytics scripts (including but not limited to Google Analytics, Infusionsoft Analytics, and Facebook Tracking pixel), information is captured and then used to tailor a more targeted online experience.
If you leave a comment on our website, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
Visitor comments may be checked through an automated spam detection service, and opt-in information is passed securely to Infusionsoft by Keap Software Company where it is stored securely in our CRM database, where you can opt out at any time.
You can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes. Please send your request to wecare@Magpai.com.
To report any incident of spamming by one of our Advertising Partners, <rich-link>click here<rich-link>.
This children’s privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen and provides important information regarding their rights under federal law with respect to such information.
We want you to be happy! Within 30 days from the date of first subscribing to Magpai.com, if you do not feel it is right for you and you notify us in writing as indicated below, we will promptly refund your investment, less a 10% processing fee, inactivate your access to the platform and stop future billing. Refund Request Process: We are committed to your satisfaction and have established the following guidelines to ensure that your request for a refund is handled properly.
This warranty gives you specific legal rights, and you may have other legal rights which vary from state to state.
Magpai.com takes seriously any complaints regarding its subscribers or affiliates and has established a Compliance Department for the handling of such issues. The following steps will be taken with every complaint filed with Magpai.com:
To issue a complaint regarding a Magpai.com subscriber or affiliate, click here: wecare@Magpai.com. Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, store or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices and act in accordance with the Terms and Conditions contained herein. Your License to Us. By posting or submitting any material (including, without limitation, comments, emails, blog entries, photos and videos) to us via the Site and/or via email, you are representing: (i) that you are the owner of the material or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose and without further notice and/or compensation. The foregoing license grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate, and without further notice and/or compensation. You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, any copyright in those works shall belong to Magpai.com from their creation. Thus, Magpai.com shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Magpai.com determines and without further notice. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation or notice, irrevocably assign, convey and transfer to Magpai.com all proprietary rights, including without limitation, all copyrights and trademarks, and each of them, throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us. You acknowledge that Magpai.com has the right but not the obligation to use and display any postings or contributions of any kind and that Magpai.com may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever and without notice or compensation. Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site or incorporate into another website or other service any of our material, content or intellectual property. You agree that the content, tools, strategies, processes, material and other such information contained in the Magpai.com site, and the system and process disclosed therein, are confidential, proprietary to Magpai.com, and are copyrighted. You agree not to copy, reverse-engineer, duplicate, dismantle or otherwise reproduce, copy, summarize or teach from the materials provided therein without express written consent of Magpai.com
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor any affiliate(s) operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site. If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Magpai.com. Neither Magpai.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Magpai.com neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized Magpai.com representative while acting in his/her official capacity. Magpai.com provides no legal, financial, tax or other advice.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY MAGPAI.COM AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES, INCLUDING IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. You agree at all times to defend, indemnify and hold harmless Magpai.com together with its affiliates, their respective successors, transferees, assignees and licensees, and respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees, and each of them, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and all related expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, ANY SUBSIDIARY AND/OR PARENT COMPANIES, AFFILIATES, PARTNERS, OWNERS, OPERATORS, AND/OR OFFICERS, AND EACH OF THEM, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE MAGPAI.COM AND/OR THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF ANY SUBSIDIARY AND PARENT COMPANY, PARTNER, OWNER, OPERATOR, OFFICER AND/OR AFFILIATE IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF USER IS DISSATISFIED WITH MAGPAI.COM AND/OR THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE MAGPAI.COM’S TERMS AND CONDITIONS, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING MAGPAI.COM AND THE PRODUCTS, SERVICES AND/OR MATERIALS. MAGPAI.COM IS CONTINUALLY UNDER DEVELOPMENT AND MAGPAI.COM MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. USER ACKNOWLEDGES AND AGREES THAT NO REPRESENTATION HAS BEEN MADE BY MAGPAI.COM AND/OR ITS AFFILATES, AND EACH OF THEM, AND/OR ANY INDIVIDUAL ASSOCIATED THEREWITH, AND RELIED UPON AS TO THE FUTURE INCOME, EXPENSES, SALES VOLUME OR POTENTIAL PROFITABILITY THAT MAY BE DERIVED FROM THE PARTICIPATION IN THIS PROGRAM.
Should any party violate this agreement and seek to resolve any dispute by filing a court proceeding, claim or lawsuit, such party agrees to pay any and all costs, including legal fees, incurred by the other party in seeking to have the matter that was so filed dismissed. Nothing in this paragraph shall be construed to mean that a party may bypass or ignore that Arbitration is the method for resolving any dispute that cannot be resolved amicably by paying court costs but rather, each party agrees that the filing of a lawsuit, claim or court proceeding, other than to enforce any unpaid monetary debts as indicated below, is a violation of this Agreement and further agrees to immediate dismissal of such court proceeding. Any Arbitration that proceeds will proceed according to the rules of the American Arbitration Association. Those rules, together with applicable forms, can be found at: www.adr.org Notice of any such Request for Arbitration must be provided to us at our corporate headquarters at:
Deuber & Villacres, Inc.
1139 Mestres Drive
Pebble Beach, CA 93953
This Arbitration clause does not cause waiver or modification of either party’s right to legal proceedings in a court residing in the same judicial jurisdiction as stated herein for the sole purpose of enforcing any unpaid monetary debts by either party as awarded by the arbitrator(s) following Binding Arbitration. The parties agree to such venue as the forum of choice of the parties.