Legal Etc

MAGFAST.com – Terms of Service
effective: August, 2017

General

This website (the “Site”) is owned and operated by “MAGFAST LLC” (“COMPANY,” “MAGFAST,” “we” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, Community Guidelines, Sweepstakes Rules, Contest Rules, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. In the event of any conflict between these documents, the provisions of these Terms of Service shall govern. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

There are four forms of transaction that you may experience at MAGFAST.com: Order, Back-Order, Pre-Order and Fundraising/Crowdfunding.

Orders will be taken when product is available to ship immediately or within 7 business days.

Back-Orders will be designated when product is being manufactured but where supply is not meeting demand and there will be a significant delay before shipment.

Pre-Order indicates that product is still in final development and not yet shipping so your transaction is placing an order for products that have not yet been manufactured.

Fundraising/Crowdfunding. At certain times, we may be directly conducting a fundraising campaign to raise funds to pay for the promotion, development, production and manufacturing of MAGFAST devices. At other times, fundraising campaigns may be conducted under the auspices of popular “crowdfunding” services such as Indiegogo, or directly on this site. By using this site, and participating in such a Fundraising/Crowdfunding campaign as a contributor, you may be donating monies to MAGFAST and as a result, if our development and production efforts are successful, you may be entitled to receive one or more MAGFAST devices, depending on the level of contribution you make, and perk(s) you select. There is a possibility that our efforts may fall short, although we hope not, and that we will not be able to deliver products to our contributors. We refer to you as a “contributor” rather than a “buyer” or “purchaser” because, during Fundraising/Crowdfunding, we likely do not have product for sale and are not making sales. Rather, we are soliciting contributions (or “pledges”) to fund a launch and we are offering our contributors “perks” in the form of our products if we are successful in our efforts. You must be over the age of eighteen in order to make a pledge. All crowdfunding of course comes with the inherent risk that the contributor may not receive the reward perk offered if the project is unsuccessful. A pledge is made at your own risk. MAGFAST LLC assumes no liability for rewards perks that cannot be delivered.

Payments

Two types of payments exist: “Paid in Full” and “Monthly Payments”. Monthly Payments that spread your pledge out over several months of equal payments.

Monthly payments may be canceled at any time by emailing your full name and the email address used to pledge to Hello@MAGFAST.com. Cancelation requests will be processed within 7-10 days of receipt of email. Cancelation requests must be received at least 10 days prior to the next automatic payment date to be processed in time to prevent that transaction. Requests received after that date will be processed for the next available date.

Products will only ship when the payment plan is paid in full.

In the event that you begin a payment plan, but cancel your payment before it is paid in full, those funds will be held without refund by MAGFAST LLC. At the time of shipment, you may request to complete the pledge in full or may request a product (or products) equal to or less than the value of the monthly payment total. For instance, if you had made payments totaling $100 you could request a $77 item or a $97 item without further payment but a $117 item would require an additional payment. These requests can only be made after completed pledge rewards have been shipped.

If you do not complete a payment plan in full and do not request an item of equal or lesser value at the time that shipment begins, the funds pledged will be retained by MAGFAST LLC for 1 year. If at the end of that year no reward is claimed, then MAGFAST will treat the amount that you paid as unclaimed property in accordance with applicable law.

Refunds

We understand that some users may click ‘yes’ while they’re still making a choice, or sometimes they pledge and then reconsider, so there is a 72 hour grace period immediately following your pledge where it can be refunded. Simply email your refund request to: hello@MAGFAST.com. Refunds will be processed in 7-10 days.

After the 72 hour grace period, no refunds will be given.

Completing any transaction on this site does not:
a. give you any rights or ownership in or to MAGFAST the Campaign or any other person’s contribution or payment;
b. give you any distribution rights of MAGFAST;
c. give you any rights to control or otherwise direct or limit or otherwise affect MAGFAST; or
d. create any liability or responsibility on the part of MAGFAST to you or any customer or contributor regardless of reason
MAGFAST does not represent, warrant or guarantee:
i. that devices will be delivered;
ii. that devices will be satisfactory to you; or
iii. the specific use of any monies or the outcome of any fundraising/crowdfunding campaign.

It is up to you to ask such questions and undertake such due diligence as you deem necessary. MAGFAST may, in its sole discretion and judgment refund monies but is under no obligation to do so.

Intellectual Property Rights

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 patent, 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 of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site or copy, reproduce or infringe on the patent rights and design of the MAGFAST product. 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.

Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, 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, email, text or deliver 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. The foregoing 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.

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, the copyrights in those works shall belong to COMPANY from their creation. Thus, COMPANY 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 COMPANY determines. 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, irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks 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 COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

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.

Disclaimers

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 affiliates 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 COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY 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 COMPANY representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY 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 IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

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 IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

WE ALSO DO NOT MAKE ANY REPRESENTATION REGARDING WHETHER OR WHEN MAGFAST DEVICES MAY BE PRODUCED OR DELIVERED.

You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Interactive Features

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
• Restrict or inhibit any other user from using and enjoying the Site.
• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
• Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
• Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
• Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
• Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

COMPANY may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY’s outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous user names. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.

COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MAGFAST PRODUCT AND/OR THE SITE, INCLUDING IOUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, 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 OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES 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 YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

YOU ACKNOWLEDGE AND AGREE THAT NO REPRESENTATION HAS BEEN MADE BY COMPANY OR ITS AFFILATES AND RELIED UPON AS TO THE FUTURE INCOME, EXPENSES, SALES VOLUME OR POTENTIAL PROFITABILITY THAT MAY BE DERIVED BY COMPANY.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Other

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see https://www.loc.gov/copyright for details. COMPANY’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: hello@MAGFAST.com

This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries

Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York and any dispute shall be subject to binding arbitration in White Plains, New York. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Class Action Waiver

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
 

$30 Charger Gifts

FREE WallChargers will be ready once shipping of the MAGFAST Family of products commences. We will be shipping perks to our paid customers and supporters first. When your FREE WallCharger is ready to ship you’ll be asked to pay reasonable processing and handling and will be offered extensive upgrades and accessories. If you chose not to pay reasonable processing and handling costs, no replacement or alternative will be offered and the offer of the FREE WallCharger will be void.

The FREE WallCharger offer is for one WallCharger standard unit and does not include tips, cables, or other accessories.

There is a limit of one FREE WallCharger per individual, except in the case of an individual acquiring one or more ProKits, each of which include two WallChargers. The FREE items included in the Pro Kit are instead of and not in addition to the single FREE WallCharger offer.

Absent acquiring ProKit(s) there is a limit of one FREE WallCharger per person.

 

Sweepstakes Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN.

A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

1. Eligibility: The ‘Secret Launch’ Sweepstakes (the “Sweepstakes”) is open only to those who sign up at the online sweepstakes page or via US Postal service and who are at least 18 years old as of the date of entry. The sweepstakes is only open to legal residents of The United States of America, except those residing in The State of New York and The State of Florida and is void where prohibited by law. Employees of MAGFAST LLC (the “Sponsor”) their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. Professional advertisers and marketers are ineligible for entry via their professional marketing accounts. Use of a professional marketing account for entries or sharing will render an entrant disqualified from the sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited.

2. Agreement to Rules: By participating, Entrant agrees to be fully unconditionally bound by these Rules, and Entrant represent and warrant that Entrant meet the eligibility requirements set forth herein. If it is found that an entrant is ineligible, their entries will be voided and another winner will be selected. Via entry into the Sweepstakes the entrant agrees to our terms of service. Entrant agrees to accept the decisions of MAGFAST LLC, as final and binding as it relates to the content, eligibility & winner selection. The Sweepstakes is subject to all applicable federal, state and local laws.



3. Sweepstakes Period: Entries will be accepted online starting on or about 3/22/2017 and ending when we break the world crowdfunding record, a total crowdfunding raise of $28,000,000 or July 1st 2017 whichever comes first. All entries must be received, or postmarked, by July 1st 2017 11:59PM EST.

4. How to Enter:

NO PURCHASE NECESSARY TO ENTER OR TO WIN. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY.

VOID WHERE PROHIBITED.

The Sweepstakes must be entered by submitting an entry using the Gleam.io Competition form provided on this Sweepstakes site or via mail by sending a handwritten 3X5 card containing the entrants full legal name, email address, mailing address, phone number and age. No duplication or paid entries are permitted. One handwritten entry per day per person. The entry must fulfill all sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of MAGFAST LLC. Multiple entries are allowed under a single email address using the Gleam sweepstakes system. Each additional entry via mail requires a separate envelope & 3×5 card. Additional card must include the entrant’s full legal name, email address, mailing address, phone number and age. No mass produced or automated entries will be considered and the production of such will constitute violation of the terms and conditions of this sweepstakes & will result in ineligibility.

Entrant may not enter more identities using multiple email addresses, identities or devices in an attempt to circumvent the rules. If Entrant uses fraudulent methods or otherwise attempts to circumvent the rules, the Entrant’s submission may be removed from eligibility at the sole discretion of MAGFAST LLC.
In order to receive entries for friend’s entries, entrant must enter by clicking on the personalized link provided through the Gleam.io interface. MAGFAST LLC is not responsible for any lost entries due to technical malfunctions or user error.

5. Prizes: Winner will receive the lesser of 0.5% of the crowdfunding raise over $750,000 up to $100,000 or a Tesla S model. In the event of a crowdfunding raise of less than $750,000 no prize will be awarded. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor’s discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. All prizes will be reported to the IRS and the relevant tax authority. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for MAGFAST LLC to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. Winners will be required to sign an affidavit of eligibility and a publicity release without additional compensation to the winner except where prohibited by law prior to confirmation of prize winnings.

6. Odds: The odds of winning depend on the number of eligible entries received.

7. Winner selection and notification:Winners of the Sweepstakes will be selected in a random drawing (including all entries both mailed and through Gleam.io) under the supervision of MAGFAST LLC. Winners will be notified via email to the email address they entered the Sweepstakes or via mail for non-Gleam.io entries with within five (5) days following the winner selection. MAGFAST LLC shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected.

***The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

8. Rights Granted by Entrant:By entering the Sweepstakes, Entrant agree that MAGFAST LLC, or its respective licensees, successors and assigns or representatives will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, Entrant’s entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation. The use of personal information collected in the course of the Sweepstakes shall be governed by Terms of Service and Privacy Policy.

9. Terms:By participating, Entrants agree to be bound by these Official Rules and the decisions of the judges. MAGFAST LLC reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of these Sweepstakes as solely determined by MAGFAST LLC. In the event the Sweepstakes is compromised by tampering or other causes beyond the reasonable control of MAGFAST LLC which corrupts or impairs the administration, security, fairness or proper operation of the Sweepstakes, MAGFAST LLC reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, MAGFAST LLC reserves the right to award prizes based on the entries received prior to the termination date.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Gleam, Tesla or any other entity.

Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, MAGFAST LLC will pursue all recourse available under the law.

By entering the Sweepstakes, participants agree to hear back from MAGFAST LLC via email & to receive information about additional entry opportunities and retail opportunities. Entrants can unsubscribe from these updates via the “unsubscribe” link included in each email – however by doing so entrants forfeit their entry into the Sweepstakes as MAGFAST LLC will be unable to notify them of winning selection.

10. Limitation of Liability: By entering the Sweepstakes, entrants hereby agree that all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prizes awarded, shall be resolved individually without resort to any form of class action. Any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Sweepstakes, if any. Entrant hereby specifically waives the right to claim that any attorney’s fees be awarded and under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, any and all punitive, incidental or consequential damages of any kind and any and all rights to have damages multiplied or otherwise increased. Entrant hereby waives any statutory, common law or other legal rights to make any claims for any amounts outside of actual out-of-pocket costs in entering this Sweepstakes and Entrant agrees to limit its out-of-pocket costs in entering this Sweepstakes to twenty-five dollars (US $25.00).

MAGFAST LLC uses Gleam.io to manage the Sweepstakes entry system and its tally of entries is definitive.

11. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF The UNITED STATES OF AMERICA AND The State of New York, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.

12. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy found at MAGFAST LLC.com.

13. Winners List: To obtain a copy of the winner’s name or a copy of these Official Rules, mail Entrant’s request along with a stamped, self-addressed envelope to: MAGFAST LLC, 367 Windsor Hwy, #410, New Windsor NY 12553 USA. Requests must be received no later than September 14, 2017 11:59 EST.

14. Sponsor: The Sponsor of the Sweepstakes is MAGFAST LLC, 367 Windsor Hwy, #410, New Windsor NY 12553 USA

Other Contests

Contest(s) Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

1. Eligibility: Contest(s) are open only to those who sign up at the online contest page or via US Postal service and who are at least 18 years old as of the date of entry. The contest is only open to legal residents of The United States of America and is void where prohibited by law. Employees of MAGFAST LLC (the “Sponsor”) their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited.

2. Agreement to Rules: By participating, you, the “Entrant”, agrees to be fully unconditionally bound by these Rules, and Entrant represents and warrants that Entrant meets the eligibility requirements set forth herein. If it is found that an Entrant is ineligible, their entries will be voided and another winner will be selected. Via entry into the Contest, the Entrant agrees to our Terms of Service and Privacy Policy.Entrant agrees to accept the decisions of MAGFAST LLC, as final and binding as it relates to the content, eligibility & winner selection. The Contest is subject to all applicable federal, state and local laws.

3. Contest Period:
The ‘What Contests?’ Contest – Entries will be accepted online starting on or about 2/26/2017 and ending 3/03/2017 11:59 PM EST.
The ‘Guess What’s in the Top Secret Launch Case’ Contest – Entries will be accepted online starting on or about 3/05/2017 and ending 3/21/2017 11:59 AM EST.

4. How to Enter:
NO PURCHASE NECESSARY TO ENTER OR TO WIN. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

The ‘What Contests?’ Contest – Entry into the ‘What Contest? Contest’ will consist of the entrant providing their full name, email address and date of birth and answering the question “What contests should we run to continue offering you prizes from our upcoming product launch?” Entries containing profanity will be disqualified. Entries must be the original work of the Entrant.

The ‘Guess What’s in the Top Secret Launch Case’ Contest – Entry into the ‘Guess What’s in the Top Secret Launch Case Contest’ will consist of the entrant providing their name, email address and answering the question “What do you think is inside the Top Secret Launch Case?” Entries containing profanity will be disqualified. Entries must be the original work of the Entrant.

The Contest must be entered by submitting an entry using the Gleam.io Competition Form provided on this Contest site. The entry must fulfill all contest requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of MAGFAST LLC. Multiple entries are allowed under a single email address using the Gleam contest system. No mass produced or automated entries will be considered and the production of such will constitute violation of the terms and conditions of this contest & will result in ineligibility.

Entrant may not enter more identities using multiple email addresses, identities or devices in an attempt to circumvent the rules. If Entrant uses fraudulent methods or otherwise attempts to circumvent the rules, the Entrant’s submission may be removed from eligibility at the sole discretion of MAGFAST LLC.

MAGFAST LLC is not responsible for any lost entries due to technical malfunctions or user error.

5. Prizes: Winner of the “What contests?” Contest will receive a product package valued at $627. The winner of the ‘Guess What’s in the Top Secret Launch Case’ Contest will receive a product package valued at $1000. In the event of a crowdfunding raise of less than $750,000 no products can be made and no prize will be awarded. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor’s discretion. The prize is nontransferable. Any, and all, prize related expenses, including without limitation any, and all, federal, state, and/or local taxes shall be the sole responsibility of the winner. All prizes will be reported to the IRS and the relevant tax authority. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for MAGFAST LLC to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. Winners will be required to sign an affidavit of eligibility and a publicity release without additional compensation to the winner except where prohibited by law prior to confirmation of prize winnings.

6. Odds: The odds of winning depend on the number of eligible entries received.

7. Winner selection and notification: Winners of the Contest(s) will be chosen by a panel of 3 staff members at MAGFAST LLC. Winners will be notified via email to the email address they entered the Contest or via mail for non-Gleam.io entries with within five (5) days following the winner selection. MAGFAST LLC shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected.

***The receipt by winner of the prize offered in this Contest is conditioned upon compliance with any, and all, federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

8. Rights Granted by Entrant:By entering the Contest, Entrant agrees that MAGFAST LLC, or its respective licensees, successors and assigns or representatives will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, Entrant’s entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Contest, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation. The use of personal information collected in the course of the Contest shall be governed by Terms of Service and Privacy Policy.

9. Terms: By participating, Entrants agree to be bound by these Official Rules and the decisions of the judges. MAGFAST LLC reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Contest as solely determined by MAGFAST LLC. In the event the Contest is compromised by tampering or other causes beyond the reasonable control of MAGFAST LLC which corrupts or impairs the administration, security, fairness or proper operation of the Contest, MAGFAST LLC reserves the right in its sole discretion to suspend, modify or terminate the Contest. Should the Contest be terminated prior to the stated expiration date, MAGFAST LLC reserves the right to award prizes based on the entries received prior to the termination date.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Gleam, Tesla or any other entity.

Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the contest may be a violation of criminal and civil laws and should such an attempt be made, MAGFAST LLC will pursue all recourse available under the law.

By entering the Contest, participants agree to hear back from MAGFAST LLC via email and to receive information about additional entry opportunities and retail opportunities. Entrants can unsubscribe from these updates via the “unsubscribe” link included in each email – however by doing so entrants forfeit their entry into the Contest as MAGFAST LLC will be unable to notify them of winning selection.

10. Limitation of Liability: By entering the Contest, entrants hereby agree that all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action. Any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with entering the Contest, if any. Entrant hereby specifically waives the right to claim that any attorney’s fees be awarded and under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, any and all punitive, incidental or consequential damages of any kind and any and all rights to have damages multiplied or otherwise increased. Entrant hereby waives any statutory, common law or other legal rights to make any claims for any amounts outside of actual out-of-pocket costs in entering this Contest and Entrant agrees to limit its out-of-pocket costs in entering this Contest to twenty-five dollars (US $25.00).
MAGFAST LLC uses Gleam.io to manage the Contest entry system and its tally of entries is definitive.

11. Disputes:THIS CONTEST IS GOVERNED BY THE LAWS OF The UNITED STATES OF AMERICA AND The State of New York, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest), and participant further waives all rights to have damages multiplied or increased.

12. Privacy Policy:Information submitted with an entry is subject to the Privacy Policy found at MAGFAST LLC.com. To read the Privacy Policy, [privacy policy URL] click here.

13. Winners List: To obtain a copy of the winner’s name or a copy of these Official Rules, mail Entrant’s request along with a stamped, self-addressed envelope to: MAGFAST LLC LLC, 367 Windsor Hwy, #410, New Windsor NY 12553 USA. Requests must be received no later than September 14, 2017 11:59 EST.

14. Sponsor:The Sponsor of the Contest is MAGFAST LLC LLC, 367 Windsor Hwy, #410, New Windsor NY 12553 USA

Privacy Policy

MAGFAST.com

Effective Date: August, 2017

The following Privacy Policy governs the online information collection practices of magfast.com (“MAGFAST” “we” or “us”). Specifically, it outlines the types of information that we gather about you while you are using the MAGFAST.com website (the “Site”), and the ways in which we use this information. This Privacy Policy, including our children’s privacy statement, does not apply to any information you may provide to us or that we may collect offline and/or through other means (for example, at a live event, via telephone, or through the mail).

Please read this Privacy Policy carefully. By visiting and using the Site, you agree that your use of our Site, and any dispute over privacy, is governed by this Privacy Policy. Because the Web is an evolving medium, we may need to change our Privacy Policy at some point in the future, in which case we’ll post the changes to this Privacy Policy on this website and update the Effective Date of the policy to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified.

How We Collect and Use Information

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). MAGFAST.com only contacts individuals who specifically request that we do so or in the event that they have signed up to receive our free newsletters or have purchased one of our products. MAGFAST.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, entering sweepstakes or contests, and name, postal address, and credit card information when purchasing our products or making a pledge. All of this information is provided to us by you.

Those who engage in transactions with MAGFAST – by backing the MAGFAST campaign, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, MAGFAST collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with MAGFAST. MAGFAST does not store your financial information in any way or at any time. MAGFAST does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

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. 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 GIFs”) 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, and to track pledges and fulfill rewards. We also may provide your information to third parties, such as service providers and contractors for a variety of purposes. Unless you inform us in accordance with the process described below, we reserve the right to use, and to disclose to third parties, all of the information collected from and about you while you are using the Site in any way and for any purpose, such as to enable us or a third party to provide you with information about products and services. If you do not wish your information to be used for these purposes, you must send a letter to the Online Privacy Coordinator whose address is listed at the end of this Privacy Policy requesting to be taken off any lists of information that may be used for these purposes or that may be given or sold to third-parties.

Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example on message boards, web logs, through email, or in chat areas – that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.
Some of our third-party advertisers and ad servers that place and present advertising on the Site also may collect information from you via cookies, web beacons or similar technologies. These third-party advertisers and ad servers may use the information they collect to help present their advertisements, to help measure and research the advertisements’ effectiveness, or for other purposes. The use and collection of your information by these third-party advertisers and ad servers is governed by the relevant third-party’s privacy policy and is not covered by our Privacy Policy. Indeed, the privacy policies of these third-party advertisers and ad servers may be different from ours. If you have any concerns about a third party’s use of cookies or web beacons or use of your information, you should visit that party’s website and review its privacy policy.
The Site also includes links to other websites and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access another website or purchase third-party products or services through the Site, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products or services.

We may also make some content, products and services available through our Site through cooperative relationships with third-party providers, where the brands of our provider partner appear on the Site in connection with such content, products and/or services. We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly, in which cases the privacy policy of our provider partner may apply to the provider partner’s use of your information. The privacy policy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider partner directly for more information.
Be aware that we may occasionally release information about our visitors when release is appropriate to comply with law or to protect the rights, property or safety of users of the Site or the public.

Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or one or more of our websites is acquired by another company, information about our users may be among the transferred assets.

Pixel Tag Policy

Pixel tags (clear GIFs, conversion pixels, or tracking pixels) are pieces of code placed on our website and transmit information to us about what activities are taking place. They gather information on what pages are visited and what items were clicked on and other activities that people take on our page. What’s a pixel tag?

Pixel tags (also called clear GIFs, web beacons, conversion pixels, or tracking pixels) are small blocks of code on a webpage or app that allow them to do things like read and place cookies and transmit information (include information such as a device’s IP address, the time a person viewed the pixel, whether a viewer did a particular activity, an identifier associated with the browser or device and the type of browser being used) to us or our partners.

We use pixel tags from Facebook in order to target our advertising. Users can opt out of Facebook advertising through their Facebook settings. Facebook is part of the Digital Marketing Alliance’s “Consumer Choice” Program. That program allows you to opt out of many different types of ad tracking.

Children’s Privacy Statement

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.
• This Site is not directed to children under the age of thirteen and we do NOT knowingly collect personally identifiable information from children under the age of thirteen as part of the Site. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen as part of the Site, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Site.
• Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we also do NOT knowingly distribute such information to third parties.
• We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Site.
• Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we do NOT condition the participation of a child under thirteen in the Site’s online activities on providing personally identifiable information.

How do we store your information?

Your information is stored at the list server that delivers MAGFAST.com content and messaging. Your information can only be accessed by those who help manage those lists in order to deliver e-mail to those who would like to receive MAGFAST.com material.

All of the messaging or emails that are sent to you by MAGFAST.com include an unsubscribe link in them. You can remove yourself at any time from our newsletters or mailing list by clicking on the unsubscribe link that can be found in every communicaiton that we send you.

DisclaimerAlthough it is highly unlikely, This policy may be changed at any time at our discretion. If we should update this policy, we will post the updates to this page on our Website.

If you have any questions or concerns regarding our privacy policy please direct them to: MAGFAST LLC LLC, 367 Windsor Hwy, #410, New Windsor NY 12553 USA

Hello@MAGFAST.com

Community Guidelines

Comments on our site or social media accounts are a privilege that we enjoy sharing with you. We want to know what you’re thinking about our projects and enjoy hearing from you. With that in mind, and to keep the community safe and pleasant for everyone, please follow these rules.

Follow the Rules.

Official rules are listed in the Sweepstakes Rules, Contest Rules, and Terms and Conditions and Privacy Policy. Attempting to circumvent those rules will result in the user being banned from accessing our sites.

Don’t try to sell stuff.

This is our place to sell things so please don’t post commercial content or stuff for sale on it. That said, we love to help our friends out. So, if you’ve built something awesome and you think it would go great with what we’re doing here, please ask us and we may give you a shout out on our social media.

Don’t talk dirty.

Crude language or obscene content will be deleted without warning and the user banned from accessing our sites. Content that violates laws will be reported to the relevant authorities.

Be kind.

We will always work with you to try to resolve any issues that arise. However, comments that are personal attacks on others (whether those others are employees or affiliates of MAGFAST or not) will be deleted and users who post them will be banned.

Know the consequences.

We shouldn’t have to say this, but sometimes people think it’s okay to threaten people. It’s not. MAGFAST reserves the right to refer any information necessary to the police in the event of attempted fraud or threats against any person or entity.

Read our Terms of Service.

Your use of the MAGFAST site is also governed by our Terms of Service. In the event of a conflict between these Community Guidelines and our Terms of Service, our Terms of Service will govern and supersede these Community Guidelines.

 

Affilliate Rules

By signing on as an affiliate (“you”, “partner”, “referrer” or the “affiliate”) with MAGFAST, LLC (“MAGFAST,” “our” or “we”), you agree to the following Affiliate Rules.

A. Services to be Provided. We agree to pay you certain commissions as described on our website for referral sales made by customers referred by you.
1. From time-to-time, Affiliate shall have the opportunity to promote MAGFAST’s designated promotions and products in accordance with the terms of this Agreement.
2. Affiliate shall promote and market our products using only promotional materials supplied or approved by MAGFAST. Promotional material (emails, landers, ads, social media posts) must be consistent with MAGFAST’s branding and shall not be false or misleading.
3. Affiliate shall direct potential purchasers of MAGFAST products to the dedicated links provided by MAGFAST.
4. The Affiliate agrees to conduct itself in compliance with all applicable laws, rules and regulation, including, without limitation, CAN-SPAM.
5. Promotion Restrictions
a. You are free to promote your own web sites, but naturally any promotion that mentions MAGFAST could be perceived by the public or the press as a joint effort. At all times, you must clearly represent yourself and your web sites as independent from MAGFAST.

b. Affiliate agrees not to use or bid in their Pay-Per-Click campaigns on keywords including MAGFAST www.MAGFAST.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and shall not direct the traffic from such campaigns to their own website prior to re-directing it to ours.

B. Compensation.

1. MAGFAST will pay commissions and issue rewards from the sale of designated products and/or promotions in accordance with the terms of such promotional campaigns as may be provided by MAGFAST to Affiliate from time-to-time:

2. Commissions will be tracked via dedicated unique links provided by MAGFAST. Each affiliate and super affiliate is required to use the link provided in advance of the promotion, in order to enable proper tracking. Commissions cannot be paid if the affiliate fails to use the correct link. Commissions will be paid for revenue received net of short-term returns.

3. All payment processing shall be performed by MAGFAST.

4. All commissions and prizes awarded will be subject to federal state, and/or local tax, and MAGFAST will provide a Form 1099 with respect to any commissions or prizes which you have earned.
C. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE MAGFAST, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information.
D. Terms.
1. You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; and (4) to accept commercial emails from us. If we learn of a violation or likely violation of our TERMS OF SERVICE or PRIVACY POLICY, we will attempt to notify you.
2. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.
3. YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to government fines and legal actions as a result of your bulk email promotion.
4. In the event of a conflict between the provisions of these Affiliate Rules and our TERMS OF SERVICE or PRIVACY POLICY, the provisions of the TERMS OF SERVICE or PRIVACY POLICY, as applicable, shall govern.
E. Termination: MAGFAST may terminate this agreement immediately, for cause, which shall include but not be limited to:
1. Conduct by Affiliate, which, in MAGFAST’s discretion, detracts from the good reputation of MAGFAST and MAGFAST’s products;
2. Complaints from consumers about Affiliate;
3. Any deviation by Affiliate from the highest standards of professional and commercial conduct;
4. Any reason set forth in Section D, above; and/or
5. Any other breach by Affiliate of the terms of this Agreement.

F. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.
G. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section E.
H. Notification of Account Changes. You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes.
I. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
J. Confidentiality. None of the parties hereto shall, during the term of this Agreement or at any time thereafter, communicate, divulge or use for the benefit of any other person, persons, partnership, association, corporation or entity any of another party’s confidential information, knowledge or know-how. A party hereto shall divulge such information only to such of its employees, financial advisors and legal representatives, as must have access thereto in order to satisfy its obligations hereunder. All parties shall take all necessary precautions to ensure that their employees retain such information in confidence.

K. Independent Contractors. The parties shall be and remain independent contractors. Nothing in this Agreement shall constitute any party, inter alia, the general or special agent, legal representative, subsidiary, joint venturer, partner, employee or servant of the others for any purpose, nor shall anything in this Agreement cause the employees of any party to be employees of the others. Affiliates shall not represent themselves to be agents or representatives of MAGFAST.
L. Choice of Law. All disputes and claims relating to this Agreement, the rights and obligations of the parties hereto, or any claims or causes of action relating to the performance of either party will be settled by arbitration by the American Arbitration Association in New York, NY in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association. The costs of the arbitration proceedings will be borne by the losing party if such party is found to have been in material breach of its obligations hereunder. This agreement to arbitrate will survive any termination or expiration of this Agreement.
M. Indemnification. The parties hereby agree to save and hold each other (and their respective corporate affiliates) harmless of and from and shall indemnify each of them against any and all losses, liabilities, damages, judgments, awards, suits, claims, fines, penalties and expenses (including reasonable attorneys’ fees and expenses) which may arise in any action, claim or proceeding against them, or any of them, for or by reason of: (a) any acts, whether of omission or commission, that may be committed by a party, or any of their servants, agents or employees in connection with that party’s performance or failure to perform under this Agreement, (b) any breach of any representation, warranty or covenant hereunder, or (c) the sale, marketing, advertisement or promotion of MAGFAST’s products.
N. General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter, MAGFAST’S affiliate program, and supersedes all of our prior agreements, representations, and understandings. Subject to Section N, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization.