This website is controlled and operated by Mag Instrument, Inc. ("Mag") from its headquarters in Ontario, California. This website is maintained to inform, educate, entertain and communicate with those who sell, buy and use Mags products and are interested in doing so. All are welcome to visit this website. However, by accessing this website, you are agreeing to be bound by the following Terms and Conditions of Use. IF YOU DO NOT AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE, PLEASE EXIT THIS WEBSITE.
TERMS AND CONDITIONS OF USE OF THIS WEBSITE
- Restrictions on Use of Downloaded Material: You are permitted to download onto your computer any part of the content of this website for your private, personal, non-commercial use. You may not, however, (a) distribute or transmit any such contents on or off line; (b) modify, reuse or repost any such contents; (c) remove any notations on downloaded materials which constitute notice or explanation of copyright, trademark, trade dress, patent or other intellectual property rights; (d) use such contents for any public purpose, even if non-commercial; or (e) attempt to decompile, reverse-engineer or otherwise disassemble any software or other content on this website.
- Rights in Contents of This Website: All text, audio and video components of the contents of this website are protected by copyright in the United States of America and under various foreign laws and treaties. You may not use Mags copyrighted materials except in accordance with these "Terms and Conditions." Some of the contents of this website are the subject of copyright, trademark, publicity, privacy and other rights owned by other parties besides Mag and are used by Mag with permission. Use by you of such materials other than in accordance with these Terms and Conditions may infringe the rights of such other parties.
- Rights in Visual Appearance of This Website: The visual appearance of this website is protected trade dress of Mag, and any copying or imitation thereof constitutes infringement.
- Mag Makes No Warranties, Assumes No Liability: THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
LAWS IN SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
MAG WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF MAG HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MAGS DAMAGES EXCEED THE COST, IF ANY, PAID BY YOU FOR ACCESS TO THIS SITE.
Although Mag expects to update information on this website periodically, Mag can assume no liability for out-of-date or otherwise inaccurate information, including misprints and typographical errors. Mag does not warrant that this website will function and be accessible without interruption, nor does Mag warrant that either this website nor the server that makes it available are and will remain free of harmful material including viruses.
- Law Applicable: These Terms and Conditions shall be construed and enforced according to the laws of the State of California, without regard to conflict-of-laws principles. If any portion of these Terms and Conditions shall for any reason be unenforceable, the rest of these Terms and Conditions shall remain in force.
- Mags Non-Liability Regarding Linked Sites: Links may exist and may from time to time be added to this website that will permit you to leave this website and visit linked websites. These links are provided only as a convenience. The linked sites are not under the control of Mag, and Mag assumes no responsibility or liability for their content. If you choose to visit linked websites, you do so at your own risk. The fact that a link exists does not imply any approval or endorsement by Mag of the linked site, its sponsor or its contents.
- Your Consent to Monitoring: Access to this website may be monitored for statistical and security purposes. By your use of this website, you consent to such monitoring.
- Mags Non-Liability for Contents Posted to This Website by Users: There are areas of this website at which visitors may post questions and comments and may carry on chats and discussions. Although Mag may from time to time monitor or review postings and transmissions on these portions of the website, Mag assumes no obligation to do so. Mag is not responsible for user-posted contents and assumes no liability for any faults therein. You are prohibited from posting or transmitting to or through this website any matter that is defamatory, obscene, inflammatory, profane, seditious, threatening or otherwise unlawful or offensive, including for example "hate speech"that is, language that holds up to contempt or ridicule, or which advocates intolerance of, discrimination against or other injury to, any person or group on the basis of race, ethnicity, color, creed, national origin, gender or sexual orientation. It is the policy of Mag to cooperate fully with any court order or law enforcement authority that seeks or requires Mags aid in identifying anyone posting any assertedly unlawful or offensive materials and/or documenting the fact of such posting.
- Export Restrictions: Software from this website may be, or may become, subject to United States laws, rules and regulations concerning the export of software. No software from this website may be downloaded or exported (a) into Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other country to which the United States has embargoed goods, nor to a national or resident of any such country; or (b) to any person listed on the United States Treasury Departments List of Specially Designated Nationals, or the United States Commerce Departments Table of Deny Orders. BY DOWNLOADING OR USING SOFTWARE ACCESSED THROUGH THIS SITE, YOU AGREE TO ABIDE BY SUCH RESTRICTIONS, AND YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN, NOR UNDER THE CONTROL OF, NOR A NATIONAL OR A RESIDENT OF, ANY SUCH COUNTRY AND THAT YOU ARE NOT A PERSON ON ANY SUCH LISTS. IF YOU ARE UNWILLING TO ABIDE BY THIS AGREEMENT, AND/OR IF YOU ARE UNWILLING OR UNABLE TRUTHFULLY TO MAKE THIS REPRESENTATION AND WARRANTY, PLEASE EXIT THIS WEBSITE IMMEDIATELY.
- Suggestions and Ideas: Mag welcomes you to transmit to this website any non-confidential comments or feedback you may have concerning Mags products. You should not, however, transmit to this website any matter (including, for example, product ideas, advertising or marketing concepts) that you do not consider to be free for the taking. Please understand that this website is a public website and that any ideas or suggestions transmitted to it will be deemed to be non-confidential and in the public domain and therefore free for Mag to disclose, publish, transmit, broadcast, post, exploit and use for any purpose (including, for example, the development, marketing and manufacturing of products or improvements) without acknowledging or compensating you. IF YOU HAVE AN IDEA WHICH YOU WISH MAG TO CONSIDER USING IN RETURN FOR COMPENSATION TO YOU, DO NOT TRANSMIT IT TO THIS WEBSITE OR OTHERWISE OVER THE INTERNET. INSTEAD, PLEASE LOOK UNDER THE "SUBMISSION OF IDEAS AND SUGGESTIONS" HEADING OF THIS WEBSITE AND FOLLOW THE INSTRUCTIONS THERE.
- Reservation of Rights; Terms & Conditions Subject to Change: All rights not expressly granted hereby are reserved. Mag reserves the right to change these Terms and Conditions at any time by updating this posting. You are bound by any such changes and should therefore periodically check this Terms and Conditions statement.
SUBMISSION OF IDEAS AND SUGGESTIONS
As noted in the Terms and Conditions of Use of This Website, anything you transmit to this website (e.g., feedback, data, product ideas, marketing or advertising ideas, comments, suggestions, concepts, know-how, techniques and the like) is non-confidential and non-proprietary, and Mag shall be free to disclose, transmit, publish, broadcast, post, exploit and use for any purpose (including, for example, the development, marketing and manufacturing of any products or improvements) any such information without any obligation to acknowledge or compensate you.
Mag does, however, have a specific procedure for receiving and processing outside suggestions and ideas. Such materials should not be sent to Mag. Instead you should contact Mags intellectual property counsel by mail, addressed as follows:
3770 Highland Ave., Suite 203
Manhattan Beach, California 90266
Attention: Linda White (Mag Idea Submission) Email: email@example.com
Mags intellectual property counsel will then negotiate with you a written agreement outlining the terms upon which Mag is willing to receive and consider your idea or suggestion. Only after such a written agreement is in place will your idea or suggestion be disclosed to Mag. ANY MATERIALS THAT YOU SEND TO MAG OTHER THAN BY THIS PROCEDURE WILL BE DEEMED NON-CONFIDENTIAL AND MAG WILL DEEM ITSELF FREE TO USE THEM WITHOUT ACKNOWLEDGING OR COMPENSATING TERMS TO
It is the policy of Mag Instrument, Inc. to enforce vigorously its patent, trademark and other intellectual property rights in its products. This benefits consumers by (1) protecting them against deception by the makers of cheap, shoddy imitations of genuine Mag Instrumentâ
products and (2) helping to preserve the value of genuine Mag Instrumentâ
flashlights as souvenirs and collectibles. Mags vigorous intellectual property protection program also benefits Mags distributors and retailers by protecting and building brand identity.
Mag Instruments intellectual property rights are of several kinds:
Mag Instrument, Inc. is constantly improving its products, and it is Mags policy to seek and obtain patent protection in the United States and internationally for such products and improvements. For current information as to which features of which products are covered by United States patents, see the patent markings on Mag Instruments current product packaging. For information on non-U.S. patents, contact Mag by mail.
- Trademark Rights in Wordmarks and Logos
Mag asserts trademark rights in all logos, slogans and wordmarks used in the sale, advertising packaging and promotion of its products. A non-exhaustive list of the wordmarks in which Mag Instrument has obtained or is seeking United States and/or foreign trademark registration includes the following: AMERICANA; A WORK OF ART THAT WORKS; FLAG-LITE; MAG; MAG CHARGER; MAG INSTRUMENT; MAG-LITE; MAG-LITE RACING; MAG-NUM STAR; MARQUIS; MINI MAGLITE; MINI MAGLITE AAA; MS; PUMPKIN PACK; SOLITAIRE; THE CROWN JEWEL; and THE PROFESSIONAL FLASHLIGHT. Mag Instrument, Inc. also has registered trademark rights (and pending registrations) pertaining to its Pantherhead logo (U.S. Trademark Registration Nos. 1,928,819 and 1,987,841).
- Trademark Rights and Product Shape and Appearance Features
Mag asserts trademark rights in the shapes, styles and overall appearances of its flashlights. The distinctive shape, style and overall appearance of the Mini Magliteâ
flashlight is a trademark registered in the United States (U.S. Trademark Reg. No. 2,074,795) and applications to register it in other countries are pending. In addition, Mag Instrument has U.S. trademark registrations, and trademark applications pending internationally, to protect the distinctive inscription around the circumference of the head of each Mag Instrumentâ
flashlight. (See U.S. Trademark Reg. Nos. 1,655,486; 1,667,539; 1,808,998.)
Mag Instruments product literature, including packaging and package-insert literature, advertising materials and the contents of this website, is protected under the United States copyright laws and under various international laws and treaties.
Mag Instruments distinctive packaging scheme, its official stationery, and the logos, color schemes and other appearance features of this website, constitute protected trade dress of Mag Instrument.
TERMS OF SALE
By placing an order for Mag products via this website, you agree to the following terms and conditions:
: Any sale of goods in response to your order will be deemed for all purposes to take place at Mag Instruments headquarters in Ontario, California.
Governing Law: For all purposes (including, by way of example but not limitation, the applicability of products liability and truth-in-advertising standards, the construction, interpretation, enforceability and limitations of warranty terms, etc.) this sale, and all rights, obligations, claims and liabilities arising therefrom and pertaining thereto, shall be governed by the substantive laws, rules and regulations of the State of California and the federal laws, rules and regulations of the United States of America, all without regard to choice-of-law principles.
Venue; Personal Jurisdiction: Venue of any lawsuit or administrative proceeding on a claim arising out of or related to the goods sold hereunder shall lie in the California Superior Court for the County of San Bernardino (or such inferior state court as shall have subject matter jurisdiction) and in the United States District Court for the Central District of California. Any objection to the assertion of personal jurisdiction of plaintiff or defendant by such court is waived.
- Place of Sale