MAG INSTRUMENT WEBSITE LEGAL
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 Mag® 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 Mag’s 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 MAG’S 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 or 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.
- Mag’s 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.
- Mag’s 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 Mag’s 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 Department’s List of Specially Designated Nationals, or the United States Commerce Department’s 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 Mag® products. YOU SHOULD NOT, HOWEVER, TRANSMIT TO THIS WEBSITE ANY MATTER (INCLUDING, FOR EXAMPLE, PRODUCT IDEAS, ADVERTISING OR MARKETING CONCEPTS OR TECHNICAL SUGGESTIONS) 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 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. IT IS THE POLICY OF MAG NOT TO ACCEPT OR ENTERTAIN, THROUGH THIS WEBSITE OR OTHERWISE, UNSOLICITED PROPOSALS TO DISCLOSE, SELL, LICENSE, OR IN ANY OTHER MANNER MAKE AVAILABLE TO MAG ANY MATERIAL IN RETURN FOR WHICH THE DISCLOSER EXPECTS IN ANY COMPENSATION, OR ANY ACKNOWLEDGEMENT OF RIGHTS, FROM MAG.
- 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.
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 Instrument products and (2) helping to preserve the value of genuine Mag Instrument products as souvenirs and collectibles. Mag’s vigorous intellectual property protection program also benefits Mag’s distributors and retailers by protecting and building brand identity.
Mag Instrument’s intellectual property rights are of several kinds:
Mag Instrument, Inc. is constantly improving its products, and it is Mag’s 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 Instrument’s 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; LIFETIME TOUGH; MAG; MAG CHARGER; MAG INSTRUMENT; MAG-LITE; MAGLITE PRO; MAG-LITE RACING; MAG-NUM STAR; MAG-TAC; MARQUIS; MINI MAGLITE; MINI MAGLITE AAA; MINI MAGLITE PRO; MINI MAGLITE PRO+; ML100; ML125; MS; PUMPKIN PACK; SOLITAIRE; THE CROWN JEWEL; THE PROFESSIONAL FLASHLIGHT; XL50; XL100; and XL200. Mag Instrument, Inc. also has registered trademark rights (and pending registrations) pertaining to its Panther Head 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 Maglite® 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 Instrument® flashlight. (See U.S. Trademark Reg. Nos. 1,655,486; 1,667,539; 1,808,998.)
Mag Instrument’s 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 Instrument’s 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:
- Place of Sale: Any sale of goods in response to your order will be deemed for all purposes to take place at Mag Instrument’s 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.) any sale of products via this website, 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 goods sold via this website 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.