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TERMS & CONDITIONS

As of September 1, 2025
 

These terms and conditions (“Terms of Use”) are a legally binding agreement that govern your use of www.magasense.com (the “Website”), offered by The Promotion House, LLC ("Company" or "we", "us", or "our").  

By accessing the Website, you agree to be bound by these Terms and Conditions (“Terms”) and our Privacy Policy (the "Privacy Policy").  All of the terms and conditions contained in the Privacy Policy are deemed incorporated into these Terms by reference. In case of a conflict between these Terms and the Privacy Policy, these Terms shall govern.

We may change these Terms from time to time.  The most recent version of the Terms will always be posted on the Website with the “As of” date posted at the top of the Terms.  If we make any material changes to our Terms or how we handle your information, you will know because the “As of” date of the Terms will change. By accessing the Website after the “As of” date, you are deemed to consent to our then-current Terms.

You represent that you are legally able to accept these Terms and affirm that you are either of legal age to form a binding contract, or have obtained parental or guardian consent to do so. If you do not agree to these Terms, you may not use this Website.

Rules of Conduct

There are a few rules of conduct that you are required to follow when you use this Website:

  • Do not "harvest" (or collect) information from the Website using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Website and information about the offerings, products, services and promotions available on the Website.

  • Do not use automated means to access the Website, or gain unauthorized access to the Website or to any account or computer system connected to the Website.

  • Do not "stream catch" (download, store or transmit copies of streamed content).

  • Do not obtain, or attempt to obtain, access to areas of the Website or our systems that are not intended for access by you.

  • Do not "flood" the Website with requests or otherwise overburden, disrupt or harm the Website or its systems.

  • Do not circumvent or reverse engineer the Website or its systems.

  • Do not restrict or inhibit another user or users from using and enjoying this Website.

  • If you post something to this Website, such as comments or other content, do not post anything that:

    • infringes any third party intellectual property right (such as copyrights), 

    • is defamatory (i.e., something that is negative and untrue about another person or entity),

    • divulges another person's or entity's confidential or private information or trade secret,

    • is fraudulent, unlawful, threatening, harassing, abusive, obscene, or discriminatory,

    • encourages criminal conduct,

    • advertises or solicits business for products or services other than those that are offered and promoted on this Website, or

    • contains any virus, malware, spyware or other harmful content or code.

You also must comply with all applicable laws and contractual obligations when you use this Website. 

Ownership of Website Content and Submissions

We or our licensors or partners own the intellectual property rights in the content and materials displayed on this Website. You may use this Website (including such content and materials) for your own personal, non-commercial use, but you may not use it for commercial purposes. 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 this Website unless explicitly authorized in these Terms or by the owner of the materials. You may, however, from time to time, download and/or print one copy of individual pages of the Website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

If you submit or post any materials or content to this Website, you grant us and our affiliates a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the Website is original to you and that you have the right to grant us these rights.

Website Registration and Log In

To access certain features of this Website, you may be required to provide personal and/or demographic information as part of a Website registration or log-in process. You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.

You are responsible for all activity occurring when this Website is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information. 

Site Transactions

If you choose to purchase any product, service, or merchandise that is made available through the Website (each, a "Transaction"), you will be asked to provide certain information relevant to your Transaction (e.g., your name, credit card number, billing address, expiration date, delivery or shipping information, etc.). You represent and warrant that you (i) have the legal right to use any credit card, debit card or other payment method that you use in connection with the Transaction and (ii) are either eighteen (18) years of age or older or have a parent or legal guardian with you to make the Transaction on your behalf. By submitting Transaction information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. You understand and agree that you are charged at the time you place your order for products or services. You agree to pay all charges incurred by you, on your behalf, or by your account through the Website, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction. 

 

All descriptions, images, features, specifications, products, and prices of products or services are subject to change at any time without notice in our sole discretion. The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available. The ability to purchase products and services may vary based on your location, and such restrictions may change without notice. We reserve the right, in our sole discretion, to refuse or cancel any order you place with us. Some instances that may result in your order being canceled include, but are not limited to, where a product has been mispriced; when payment or billing information cannot be confirmed; or where the product is no longer in our inventory or that of our third-party fulfillment provider. In the event that we cancel an order, we will attempt to notify you by contacting the email, billing address and/or phone number provided at the time you placed the order. We reserve the right to limit the available quantity of or discontinue any product or service; impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; bar you from making or completing any or all transactions; or refuse to provide you with any product or service.

Electronic Communications

The communications between you and us via this Website use electronic means, whether you visit this Website or send us an email, or whether we post notices on this Website or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Copyright Infringement Notices

If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on this Website in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to Customer Service, 7000 Independence Pkwy., Suite 156-322, Plano, TX  75025 or by email to getmagasense@gmail.com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Website; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms or on the Website.

Changes to This Website

We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), this Website or any portion of this Website. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Suspension or Termination of Access

We have the right to deny access to, and to suspend or terminate your access to, the Website, or to any features or portions of the Website, and to remove and discard any content or materials you have submitted to the Website, at any time and for any reason, including for any violation by you of these Terms. In addition, we have a policy of terminating the Website usage privileges of users who are repeat infringers of intellectual property rights. In the event that we suspend or terminate your access to and/or use of the Website, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination.

Linking Policies

This Website may contain links to other websites or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such sites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such sites. When you visit a linked Website you should read the terms of use and privacy policy that govern that particular linked Website.

We welcome links to this Website so long as: (i) this Website opens in a new browser window which displays the full version of a page of this Website (e.g., not merely one of its frames, and not an "in-line" link to a particular image or object on this Website), (ii) the link to this does not state or imply any sponsorship of your website or service by us or by this Website; and (ii) this Website is not display framed within or obfuscated by other content. You may not use on your website any trademarks, service marks or copyrighted materials appearing on this Website, including but not limited to any logos, without our express written consent. We reserve the right to revoke your right to link to this Website upon notice. If you receive such a notice from us, you agree to discontinue your link to the Website. 

Sweepstakes, Contests and Promotions

Any sweepstakes, contests or other promotions made available through the Website will be governed by its specific official rules or terms and conditions that are separate from and may vary from these Terms. By participating in any such sweepstakes, contests or promotions, you will become subject to those applicable official rules or terms and conditions.

Indemnification

You agree to indemnify, defend and hold us and our affiliates, and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from your use of this Website, your submissions to this Website, or any violation of these Terms, or applicable law, by you or by someone accessing the Website via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms and the termination of your use of this Website.

Jurisdictional Issues

We control and operate this website from our facilities in the United States of America, and unless otherwise specified, the materials displayed on this website are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. We do not represent that materials on this Website are appropriate or available for use in other locations. If you choose to access this Website from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

Applicable Law; No Waiver; Severability

These Terms, and the relationship between you and us, will be governed by the laws of the United States and the state of Texas, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of these terms and conditions will remain in full force and effect.

Disclaimer of Warranties

WE PROVIDE THIS WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:

  • THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,

  • THE WEBSITE WILL MEET ANY PARTICULAR REQUIREMENTS,

  • THE INFORMATION ON THE WEBSITE WILL BE ACCURATE OR UP-TO-DATE,

  • THE WEBSITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS,

  • THAT INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THIS WEBSITE WILL REMAIN RETREIVABLE AND UNCORRUPTED (UNLESS WE PROMISE THIS IN A SEPARATE AGREEMENT WITH YOU), OR

  • THAT THE WEBSITE WILL BE UNITERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES PROVIDED VIA THIS WEBSITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THIS WEBSITE ARE PROVIDED "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY.

YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THIS WEBSITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THIS WEBSITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THIS WEBSITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO OUR WEBSITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES. 

Limitations of Liability

IF YOU ARE DISSATISFIED WITH THIS WEBSITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THIS WEBSITE, OR WITH ANY OF THE WEBSITE'S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THIS WEBSITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THIS WEBSITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE WEBSITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC WEBSITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)

Miscellaneous

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. These Terms are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these Terms may only be invoked or enforced by you or us. 

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THIS WEBSITE, OR THESE TERMS, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.

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