TERMS & CONDITIONS
Last Updated: April 25, 2025
Welcome to Magnet Marketing Solutions, LLC and/or its
affiliates (“MMS”) provide website features, access to third-party products and
services to you when you visit or shop at reagentmastery.com and
magnetmarketing.solutions, use MMS products or services, use MMS applications
for mobile, or use software provided by MMS in connection with any of the
foregoing (collectively, "MMS Services"). MMS provides these services
subject to the following conditions.
Agreeing to These Terms & Conditions
We offer a range of services depending on your needs.
Individuals come to reagentmastery.com and magnetmarketing.solutions to both
post and purchase content. A majority of these Terms and Conditions will apply
to both individuals and suppliers. In some cases, the responsibilities of
individuals purchasing content and suppliers providing content vary. If these
Terms and Conditions are inconsistent with specific Service Terms, those
Service Terms will apply.
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS
AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR
SUBSCRIBING OR PLACING AN ORDER OVER REAGENTMASTERY.COM OR OTHER OF OUR SITES
OR ONLINE RESOURCES WHICH LINK TO THESE TERMS.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND
LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER
PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND
RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 10, 14, 15, AND 16).
ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES
UNLESS SPECIFIED BELOW IN SECTION 16. THESE TERMS FORM AN ESSENTIAL BASIS OF
OUR AGREEMENT.
General Use
The use of reagentmastery.com or other sites or online
resources to which these Terms are linked (each, a “Website”), owned and
maintained by Magnet Marketing Solutions (“MMS,” “we,” “our,” “us”), are
governed by these Terms. We offer the Website, including all information,
tools, and services available from the Website to you, the user, conditioned
upon your acceptance of all terms, conditions, policies, and notices stated
herein. By accessing, using, subscribing, or placing an order over the Website,
you and your business (including any sub-users you may have) agree to the terms
and conditions set forth herein. If you do not agree to these Terms in their
entirety, you are not authorized to use the Website in any manner or form
whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR
PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN
YOU AND YOUR BUSINESS (“YOU”) AND MMS. THIS AGREEMENT GOVERNS YOUR ACCESS TO
AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY MMS, ANY ORDER YOU PLACE
THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS
APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR
AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT
FOR YOUR RECORDS.
MMS reserves the right to update and change, from time to
time, these Terms and all documents incorporated by reference by posting
updates and/or changes to our Website. It is your responsibility to check this
page periodically for changes. You can find the most recent version of these
Terms here. Use of the Website after such changes constitutes acceptance of
such changes. Any new features or tools which are added to the current Website
shall also be subject to the Terms.
SECTION 1 – Website Use
The Website is intended for businesses operated by adults.
If you use the Website, you are affirming that you are at least 18 years old or
the legal age of majority in your State of Texas (whichever is greater),
operate a business, have the legal capacity to enter into a binding contract
with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – Website User Conduct and Restrictions-License
Terms
All aspects of our Website are protected by U.S. and
international copyright, trademark, and other intellectual property laws,
including all content, information, design elements, text material, logos,
taglines, metatags, hashtags, photographic images, testimonials, personal stories,
icons, video and audio clips, and downloads. No material on the Website may be
copied, reproduced, distributed, republished, uploaded, displayed, posted, or
transmitted in any way whatsoever. The MMS trademark and logo are proprietary
marks of MMS, and the use of those marks is strictly prohibited. Nothing herein
gives you the right to use, copy, register as a domain name, reproduce, or
otherwise display any logo, tagline, trademark, trade name, copyrighted
material, patent, trade dress, trade secret, or confidential information owned
by MMS.
Subject to your continued strict compliance with all Terms,
MMS provides to you a revocable, limited, non-exclusive, royalty-free,
non-sublicensable, non-transferable license to use the Website. You acknowledge
and agree that you do not acquire any ownership rights in any material
protected by intellectual property laws.
SECTION 3 – Our Privacy Statement and Your Personal
Information
We respect your privacy and the use and protection of your
non-public, personal information. Your submission of personal information
through the Website is governed by our Privacy Statement. MMS reserves the
right to modify its Privacy Statement in its reasonable discretion from time to
time. Our Privacy Statement is incorporated into this Agreement by reference.
SECTION 4 – Information You Provide; Registration; Passwords
As a MMS user, you will be required to create an account
with MMS. You warrant that the information you provide us is truthful and
accurate, and that you are not impersonating another person. You are
responsible for maintaining the confidentiality of any password you may use to
access your MMS user account, and you agree not to transfer your password or
username, or lend or otherwise transfer your use of or access to your user
account, to any third party. You are fully responsible for all transactions with,
and information conveyed to, MMS.
SECTION 5 – Order Placement and Acceptance
If you order a service or product, payment must be received
by us before your order is accepted. We may require additional information
regarding your order if any required information was missing or inaccurate, and
may cancel or limit an order any time after it has been placed. Your electronic
order confirmation, or any form of confirmation, does not signify our
acceptance of your order. You must contact us immediately at
[email protected] to modify or cancel your pending order. We
cannot guarantee that we will be able to amend your order in accordance with
your instructions.
All items are subject to availability. We will notify you if
any item is not available, the expected availability date, and may offer you an
alternative product or service. If the availability of any product or service
is delayed and you do not wish to substitute the product or service, upon your
request, we will cancel your order and if previously charged, your payment card
will be fully refunded for that specific order. We reserve the right to limit
the sales of our products and services to any person, geographic region, or
jurisdiction. We may exercise this right on a case-by-case basis at our sole
and exclusive discretion.
Your purchase order of products and other services is
conditioned on you re-affirming your acceptance of this Agreement.
All advertised prices are in, and all payments shall be in,
U.S. Dollars.
SECTION 6 – Refunds
MMS has no refund or exchange policy for digital products.
As our services are delivered electronically, they are deemed "used"
after being emailed, downloaded, and/or opened.
If you are not satisfied with our services, your only
recourse is to unsubscribe from using the services. If you choose to stop using
our services before the end of your billing cycle, you understand and accept
that we will not be able to offer a refund, whether partially or in full, for
the remaining part of your cycle.
For emphasis, we do not provide refunds, credit, or prorated
billing for any canceled subscription. If you wish to cancel your subscription,
please email: [email protected]. You must complete a
cancellation survey form prior to having your subscription canceled; failure to
submit your survey in a timely manner may result in you being liable for the
next billing cycle. Once your survey has been received our customer service can
begin to process your cancellation request.
SECTION 7 – Subscription Terms and Automatic Payment
A MMS user is responsible for paying all sums due in
connection with their monthly subscription in accordance with these Terms. The
first fee payable is due when the user account is set up and payment of the
monthly fee is a condition of access, or after your free trial ends and you
have not canceled the automatic subscription with us. Every calendar month,
your account will be charged the subscription fee plus applicable tax for the
following month’s subscription, together with any other fees for the following
month’s subscription plus any accumulated charges for the past period
(collectively “Fees”).
Failure by the MMS user to use any of the services available
through the service provided by MMS does not relieve the user of their payment
obligations under these Terms. Users can pay by credit card or debit card.
Payment details shall be collected by us through our secure financial data
collection mechanism. You acknowledge and agree that we hold data relating to
the transaction, including the last four digits and the expiration date of the
card used to purchase the products or services together with details on when
payment is due.
You further acknowledge and agree that payments are due on a
recurring basis in accordance with the payment terms for the specific service
purchased (unless the subscription is canceled in accordance with these Terms)
and therefore authorize the automatic payment collection terms applicable to
that specific service (e.g., on a monthly basis and for a specific amount).
SECTION 8 – Shipping Fees
Unless otherwise stated on the Website at the time of
purchase, if we ship you a physical product, we reserve the right to add
applicable shipping and handling fees to your order. Unless otherwise stated,
we will use commercially reasonable efforts to fulfill your order within a
reasonable time after receipt of your properly completed and verified order.
Accurate shipping address and phone number information are required. Although
we may provide delivery or shipment timeframes or dates, such dates are good-faith
estimates and are subject to change. If your order will be delayed, we will
contact you at the email address you provided when placing your order. If we
are unable to contact you or you would like to cancel your order, we will
cancel the order and refund the full amount charged. We shall not be liable for
any loss, damage, cost, or expense related to any delay in shipment or delivery
caused by any third-party carrier or other delivery service not owned or
controlled by us. The risk of loss and title for such items pass to you upon
our delivery to any third-party carrier.
SECTION 9 – Products, Services, and Prices Available on the
Website
Products, services, and prices are generally posted at
reagentmastery.com and magnetmarketing.solutions, but are subject to change.
MMS reserves the right, without notice, to discontinue products or services or
modify specifications and prices on products and services without incurring any
obligation to you. Except as otherwise expressly provided for in these Terms,
any price changes to your subscription or purchase of product(s) or services
will take effect following email notice to you.
Price changes are effective on the first day of the month
after the price change is posted. By accessing, using, subscribing, or placing
an order over the Website, you authorize MMS to charge your account in the
amount indicated for the value of the services you select, including any future
price changes. If you request a downgrade in services, the downgrade (and
corresponding price reduction) will become effective on the first day of the
month following your requested downgrade. By your continued use of MMS
services, and unless you terminate your subscription as provided herein, you
agree that MMS may charge your credit card monthly for the products and
services you have selected, and you consent to any price changes for such
services after email notice has been provided to you.
MMS takes reasonable steps to ensure that the prices set
forth on the Website are correct, and to accurately describe and display the
items available on the Website. If the correct price of our product is higher
than its stated price, we will, at our discretion, either contact you for
instructions before shipping or cancel your order and notify you of such
cancellation.
When ordering products or services, please note that MMS
does not warrant that product descriptions or other content of any MMS Service
is accurate, complete, reliable, current, or error-free. All sales are deemed
final except as provided otherwise. MMS descriptions of, or references to,
products or services not owned by MMS do not imply endorsement of that product
or service, or constitute a warranty by MMS.
SECTION 10 – Disclaimer – Your Individual Results Will Vary
Every online business is different, employing different
strategic approaches and organizational structures, and offering different
products and services. Therefore, individual results will vary from user to
user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY depending upon a variety of
factors unique to your business, including but not limited to your content,
business model, and product and service offerings.
MMS does not promise, guarantee, or warrant your business’
success, income, or sales. You understand and acknowledge that MMS will not at
any time provide sales leads or referrals to you or your business. Those
businesses who purchase our products or services will receive access to
software and tools that may aid in business operations; however, we do not
guarantee your business' success and based upon many market factors that we
cannot control, the software and tools we provide may or may not be applicable
in some situations but not others. Also, we do not offer any tax, accounting,
financial, or legal advice. You should consult your business’ accountant,
attorney, or financial advisor for advice on these topics.
SECTION 11 – Your Responsibilities in Running Your Business
You represent and warrant that you operate a business in
good standing and agree that there are no prior or pending government
investigations or prosecutions against you or your business. You also agree
that you and your business will only use MMS products and services for lawful
purposes and that you shall not use such products or services, whether alone or
in connection with other software, for any unlawful or harmful purpose.
You are solely and exclusively responsible for complying
with all applicable laws and regulations in running your business, including,
but not limited to, all laws governing advertising and marketing claims,
subscriptions, refunds, premium offers, tax laws, and all additional laws
applicable to your business.
SECTION 12 – Testimonials, Reviews, and Pictures/Videos
MMS is pleased to hear from users and customers and welcomes
your comments regarding our services and products. We may use testimonials
and/or product reviews in whole or in part together with the name, city, and
state of the person submitting it. Testimonials may be used for any form of
activity relating to MMS services or products, in printed and online media, as
MMS determines in its sole and exclusive discretion. Testimonials represent the
unique experience of the participants and customers submitting the testimonial,
and do not necessarily reflect the experience that you may have using our
services or products.
SECTION 13 – Compliance with the Law, Including Commitment
Against Harassment and Interference with Others
As a MMS user, you must comply with all laws, both U.S. and
foreign, including, but not limited to, laws prohibiting deceptive and
misleading advertising and marketing, e-mail marketing laws (including the
federal CAN-SPAM Act), telemarketing laws (including the federal Telephone
Consumer Protection Act and the Federal Trade Commission’s Telemarketing Sales
Rule), laws governing testimonials, and/or any similar laws. You are solely
responsible for ensuring their compliance with all applicable laws and regulations.
SECTION 14 – Disclaimers of Other Warranties
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS
AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY
DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY,
TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS
OF ANY INFORMATION ON THIS WEBSITE.
SECTION 15 – Limitations of Liabilities
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN
NO EVENT SHALL MMS OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES,
COSTS, OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY
STATEMENT, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED
USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER
MMS HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS.
SECTION 16 – Dispute Resolution by Mandatory Binding
Arbitration and Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO
UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS
AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE
RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE
AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT
YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE
RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY
ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR
OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS
OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
SECTION 17 – MMS Additional Remedies
In order to prevent or limit irreparable injury to MMS, in
the event of any breach or threatened breach by you of the provisions of this
Agreement or any infringement or threatened infringement by you of the
intellectual property of MMS or a third-party, MMS shall be entitled to seek a
temporary restraining order and preliminary and permanent injunctions or other
equitable relief from a court of competent jurisdiction restraining such
breach, threatened breach, infringement, or threatened infringement. Nothing in
this Agreement shall be construed as prohibiting MMS from pursuing in court any
other remedies available to it for such breach or threatened breach, including
the recovery of monetary damages from you.
SECTION 18 – Indemnification
You agree to defend, indemnify, and hold harmless MMS, its
officers, directors, employees, agents, licensors, and suppliers, from and
against all claims, actions, demands, liabilities, and settlements, including,
without limitation, reasonable legal and accounting fees, arising from or
related to your violation of this Agreement or any activity related to your
account (including negligent or wrongful conduct) by you or any other person
accessing the site using your Internet account.
SECTION 19 – Notice and Takedown Procedures; Copyright
Agents
MMS respects the intellectual property of others. If you
believe that your work has been copied in a way that constitutes copyright
infringement, please follow our Copyright Notice procedure for complaints. We
will respond to all such notices, including as required or permitted by the
Digital Millennium Copyright Act (DMCA).
SECTION 20 – Third-Party Links
The Website may include links to other websites or
resources. These links are provided for your convenience to provide further
information. They do not signify that we endorse the website(s). We have no
responsibility for the content of the linked website(s). Your use of
third-party websites is at your own risk and subject to the terms and
conditions of use for such sites.
SECTION 21 – Termination
MMS may terminate your access to all or any part of the
Website at any time, with or without cause, with or without notice, effective
immediately. If you wish to terminate this Agreement or your MMS account (if
you have one), you may simply discontinue using the Website. All provisions of
this Agreement which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity, and limitations of liability.
SECTION 22 – No Waiver
Our failure to enforce any right or provision of these Terms
will not be deemed a waiver of such right or provision. Any waivers of any
provision of these Terms will only be effective if in writing and signed by an
authorized representative of MMS.
SECTION 23 – Governing Law and Venue
These Terms shall be governed and construed in accordance
with the laws of the State of Texas without regard to its conflict of law
provisions. Our failure to enforce any right or provision of these Terms will
not be considered a waiver of those rights. If any provision of these Terms is
held to be invalid or unenforceable by a court, the remaining provisions of
these Terms will remain in effect.
SECTION 24 – Force Majeure
MMS shall not be held liable for any delay or failure in
performance of any part of the service from any cause beyond our control,
including acts of God, changes to law or regulations, embargoes, war, terrorist
acts, acts or omissions of third-party technology providers, or internet
service providers.
SECTION 25 – Contacting Us
If you have any questions about these Terms, please contact
us at:
Magnet Marketing Solutions
Attn: Legal & Compliance Department
45 FM 3351 N
Bergheim, TX 78004