Last updated: March 29, 2025
Terms & Conditions
Welcome to MagneticAFCoach provide website features access
to third party products and services to you when you visit
use MagneticAFcoach applications for mobile, or use software
provided by MagneticAFcoach in connection with any of the foregoing
(collectively, “MagneticAFcoach Services”). MagneticAFcoach 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
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
OR ANY 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
or other sites or online resources
to which these Terms are linked (each, a “Website”), owned and maintained by MagneticAFCoach
(“MagneticAFCoach,” “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 and
conditions stated herein. By accessing, using, subscribing, or placing an order
over the Website, you (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 MAGNETICAFCOACH. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE
WEBSITE AND THE SERVICES PROVIDED BY MAGNETICAFCOACH, 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.
MagneticAFCoach 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.Table of Contents
Website UseWebsite User Conduct and Restrictions-License TermsOur Privacy Statement and Your Personal InformationInformation You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party Agency AccountsOrder Placement and AcceptanceRefundsSubscription Terms and Automatic PaymentShipping FeesProducts, Services, and Prices Available on the WebsiteDisclaimer – your individual results will varyRelease of liabilityTestimonials, reviews, and pictures/videosCompliance with the law, including commitment against harassment and interference with othersDisclaimers of other warrantiesLimitations of liabilitiesDispute resolution by mandatory binding arbitration and class action waiverMagneticAFCoach Additional RemediesIndemnificationNotice and Takedown Procedures; Copyright AgentsThird-Party LinksTerminationNo WaiverGoverning Law and VenueForce MajeureAssignmentElectronic SignatureChanges to the AgreementYour Additional Representations and WarrantiesSeverabilityEntire AgreementContacting Us
SECTION 1 – Website Use
The Website is intended for 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 or province of
residence (whichever is greater),
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 MagneticAFCoach
trademark and logo are proprietary marks of MagneticAFCoach, 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 MagneticAFCoach.
Subject to your continued strict compliance with all Terms, MagneticAFCoach
provides to you a revocable, limited, non-exclusive, royalty-free,
non-sublicenseable, non-transferrable 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.
If you purchase a subscription to MagneticAFCoach online
materials, MagneticAFCoach provides to you a revocable, limited, non-exclusive,
non-sublicenseable, non-transferrable license to use the software. You
acknowledge and agree that: (1) the software is copyrighted material under
United States and international
copyright laws that is exclusively owned by MagneticAFCoach; (2) you do not
acquire any ownership rights in the
software; (3) you may not modify, publish, transmit, participate in the
transfer or sale, or create derivative works
from the content of the software; (4) except as otherwise expressly permitted
under copyright law, you may not
copy, redistribute, publish, display or commercially exploit any material from
the software without the express
written permission of MagneticAFCoach; and (5) in the event of any permitted
copying (e.g., from the Website to your
computer system), no changes in or deletion of author attribution, trademark,
legend or copyright notice shall be
made.
You agree not to use or attempt to use the Website, or any
software provided by MagneticAFCoach , whether alone, or in conjunction with
other software or hardware, in any unlawful manner or a manner harmful to MagneticAFCoach
.
You further agree not to commit any harmful or unlawful act or attempt to
commit any harmful or unlawful act on or through the Website or through use of
any software or hardware including, but not limited to, refraining from:
HARMFUL ACTS. Any dishonest or unethical practice; any violation of the law; infliction of harm to MagneticAFCoach reputation; hacking and other digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; and the violation of the rights of MagneticAFCoach or any third party;“SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to MagneticAFCoachs reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to MagneticAFCoach, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
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. Our Privacy Statement
may be viewed here
MagneticAFCoach reserves the right to modify its Privacy Statement and DPA 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 MagneticAFCoach user, you will be required to create an
account with MagneticAFCoach. 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 MagneticAFCoach 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 you as MagneticAFCoach
Subscriber/User, including technical information, pricing, business strategy,
and data about other past or current MagneticAFCoach users or their customers.
You agree that You will not provide false information to Us
in generating Your account. You further agree that you will not:
select or use the login credentials of another person or company with the intent to impersonate that person or company; oruse login credentials in which another person or company has rights without such person’s or company’s authorization.
Failure to comply with the foregoing shall constitute a
breach of these Terms, which may result in immediate suspense or termination of
your account.
Only authorized users, who have duly attained access to the
Content by personally agreeing to these Terms are permitted participation in
and use of the Services, Content, and related materials. Except as expressly
authorized by these Terms. You shall not provide or make available any Content,
or any license key to any third party, or use the Content, or any license key,
to teach any third party any portion of the Services or for any purpose other
than exercising rights expressly granted to you by these Terms.
You are responsible for maintaining the confidentiality of
Your login credentials. We reserve the right to terminate or suspend Your
access to the Services if You share Your credentials or transfer such
credentials to another party.
You are responsible for all usage or activity on your
account on this Website and related social media, including use of the account
by any third party authorized by you to use your login credentials.
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
in order 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
MagneticAFCoach has a no refunds or exchanges policy. All
sales are final and MagneticAFCoach does not offer any additional refund or
exchange policy.
Intangible online services are not refundable.
As our service are digital products, it is deemed “used” after being emailed,
downloaded and/or opened.
If you are not happy 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 the sake of emphasis, we do not provide refunds, credit,
or prorated billing for any canceled subscription.
If you wish to cancel your subscription, please email:
You must complete a cancellation survey form prior to having your subscription
cancelled, failure to submit your survey in a timely manner may result 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 Payments
A MagneticAFCoach user is responsible for paying all sums
due to MagneticAFCoach in connection with their monthly subscription in
accordance with these Terms. The first fee payable in accordance with these
Terms 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 MagneticAFCoach user to use any of the
services available through the service provided by MagneticAFCoach does not
relieve the MagneticAFCoach user of their payment obligations under these
Terms. Potential 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 cancelled
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).
IF YOU WISH TO CANCEL YOUR MAGNETICAFCOACH
SUBSCRIPTION (INCLUDING SUBSCRIPTIONS FOR SERVICES) AT ANY TIME AFTER A FREE
TRIAL OR DISCOUNTED PERIOD ENDS, YOU MUST SUBMIT A CANCELLATION REQUEST TO US
VIA EMAIL AT
OR THROUGH YOUR ACCOUNT DASHBOARD, AS DETAILED HERE. FOR
MONTHLY SUBSCRIPTIONS (INCLUDING SUBSCRIPTIONS FOR SERVICES), WE REQUIRE AT
LEAST TEN (10) DAYS’ NOTICE OF CANCELLATION BY EMAIL. IF YOU PROVIDE SUCH
NOTICE LESS THAN TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION
MONTH.
MagneticAFCoach reserves the right to immediately terminate
a user’s account and/or service for any unpaid (in whole or part) period of the
subscription (with or without notice). Termination of service in no way
relieves or excuses the user from any obligation to pay outstanding charges or
expenses. In the event MagneticAFCoach starts collection processes of any type,
you will be liable for all collection costs, including legal fees and expenses,
as provided in Section 18 below. In addition to any Fees, MagneticAFCoach may
also charge applicable value added or other tax.
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 is 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 e-mail 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
MagneticAFCoach
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 MagneticAFCoach 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 MagneticAFCoach
services, and unless you terminate your subscription as provided herein, you
agree that MagneticAFCoach 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 e-mail notice has been provided to you.
MagneticAFCoach takes reasonable steps to ensure that prices
set forth are correct. If the correct price of our product is higher than its
stated price, we will, at our discretion, either contact you for instructions
or cancel your order and notify you of such cancellation.
When ordering products or services, please note that MagneticAFCoach
does not warrant that product or service descriptions are accurate, complete,
current, or error-free, or that packaging will match the actual product that
you receive. All sales are deemed final except as provided otherwise. MagneticAFCoach
descriptions of, or references to, products or services not owned by MagneticAFCoach
are not intended to imply endorsement of that product or service or constitute
a warranty by MagneticAFCoach.
SECTION 10 – Disclaimer – Your Individual Results Will
VaryEveryone’s health and weight loss journey is different, employing different
strategic approaches. Therefore, individual results will vary from user to
user. YOUR HEALTH AND WEIGHTLOSS INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A
VARIETY OF FACTORS UNIQUE TO YOUR OWN BODY, INCLUDING BUT NOT LIMITED TO YOUR
EFFORT, DETERMINATION, AND FOLLOWING OF ANY NUTRITIONAL CHANGES AND EXERCISE.MagneticAFCoach
does not promise, guarantee, or warrant your weight loss success or health
improvement. We do not sell a fad diet, “lose weight quick” program. You should
not purchase our products or services if that is your expectation.Instead, you
should purchase with the understanding that using the information and training
purchased will take time and effort and may be applicable in some situations
but not others. You should consult your doctor before starting this or any
other health and wellness regimen.SECTION 11 – Release of Liability
I hereby release MagneticAFCoach its trainers, employees,
agents, and representatives from any injury, illness or death claims, demands,
and causes of action arising from my participation in this exercise program. I
fully understand that exercising does include risk and I may injure myself as a
result of my participation and I voluntarily assume all the risks of such
injury.
SECTION 12 – Testimonials, Reviews, and Pictures/Videos
MagneticAFCoach is pleased to hear from users and customers
and welcomes your comments regarding our services and products. MagneticAFCoach
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 MagneticAFCoach services or products, in
printed and online media, as MagneticAFCoach 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. As set
forth above in Section 10, your results will vary depending upon a variety of
factors unique to and beyond MagneticAFCoach ’s control. Note that
testimonials, photographs, and other information that you provide to us will be
treated as non-confidential and nonproprietary, and, by providing them, you
grant MagneticAFCoach a royalty-free, worldwide, perpetual, nonexclusive and
irrevocable license to use them.
Additionally, MagneticAFCoach reserves the right to correct
grammatical and typing errors, to shorten testimonials prior to publication or
use, and to review all testimonials prior to publication or use. MagneticAFCoach
shall be under no obligation to use any, or any part of, any testimonial or
product review submitted.
You may post reviews, comments, photos, videos, and other
content; send e-cards and other communications;
and submit suggestions, ideas, comments, questions, or other information, so
long as the content is not illegal,
obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights (including
publicity rights), or otherwise injurious to third parties or objectionable,
and does not consist of or contain
software viruses, political campaigning, commercial solicitation, chain letters,
mass mailings, or any form of
“spam” or unsolicited commercial electronic messages. You may not use a false
e-mail address, impersonate any person or entity, or otherwise mislead as to
the origin of a card or other content. MagneticAFCoach reserves the right (but
not the obligation) to remove or edit such content but does not regularly
review posted content.
If you do post content or submit material, and unless we
indicate otherwise, you grant MagneticAFCoach a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce,
modify, adapt, publish, perform, translate, create derivative works from,
distribute, and display such content throughout the world in any media. You grant
MagneticAFCoach and sublicensees the right to use the name that you submit in
connection with such content if they choose. You represent and warrant that you
own or otherwise control all of the rights to the content that you post; that
the content is accurate; that use of the content you supply does not violate
this policy and will not cause injury to any person or entity; and that you
will indemnify MagneticAFCoach
or all claims resulting from content you supply. MagneticAFCoach has the right
but not the obligation to monitor and edit or remove any activity or content. MagneticAFCoach
takes no responsibility and assumes no liability for any content posted by you
or any third party.
SECTION 13 – Compliance with the Laws, Including Commitment
Against
Harassment and Interference with Others (“Targeting”)
As a MagneticAFCoach
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 (15 U.S.C.
§ 7701)), telemarketing
laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227)
and the Federal Trade
Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing
testimonials (including the Federal
Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part
255)), and/or any similar
laws, laws relating to intellectual property, privacy, security, terrorism,
corruption, child protection, or
import/export laws. You are solely responsible for ensuring their compliance
with all applicable laws, rules, regulations, and court orders of any kind of
any jurisdiction applicable to you, and any recipient to whom you send digital
messages using our products or services. You have the responsibility to be
aware of, understand, and comply with all applicable laws and ensure that you
and all users of your account comply with such applicable laws at all times.
If you use any messaging software, or any other messaging
system or other software or hardware provided by you or a third-party, you
agree that you will follow all applicable laws with respect to sending
messages, including without limitation the federal Telephone Consumer
Protection Act. You further agree to indemnify and defend MagneticAFCoach from
any claims, damages, losses, and lawsuits of any kind or nature that may be
made or brought against MagneticAFCoach relating in any way to your violation
of law or third-party rights by use or misuse of any messaging software or
hardware, whether provided by MagneticAFCoach. You further understand and agree
that MagneticAFCoach has no control over, and therefore cannot be responsible
for, the functionality or failures of any third-party software, including
without limitation Facebook, Facebook Messenger, and internet browser
notifications. MagneticAFCoach DOES NOT WARRANT THAT ANY MAGNETICAFCOACH
MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE. YOU ARE
SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING
SOFTWARE AND/OR HARDWARE.
COMMITMENT AGAINST TARGETING AND HARASSMENT AND INTERFERENCE
WITH OTHERS.
You must not use our services, whether alone, or in connection with other
software or hardware, to: (i) store,
distribute, or transmit any malware or other material that you know, or have
reasonable grounds to believe, is or
may be tortious, libelous, offensive, infringing, harassing, harmful,
disruptive, or abusive; or (ii) commit,
promote, aid, or abet any behavior, which you know, or have reasonable grounds
to believe, is or may be tortious,
libelous, offensive, infringing, harassing, harmful, disruptive, or abusive.
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. WE DO NOT REPRESENT OR WARRANT, AND
EXPRESSLY DISCLAIM THAT: (A)
THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY,
UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER
HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES
WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE
ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN
THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE
THE
WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL
CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF
THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW.
SECTION 15 – Limitations of Liabilities
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN
NO EVENT SHALL
MAGNETICAFCOACH
OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, 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 MAGNETICAFCOACH
HAS HAD NOTICE OF THE POSSIBILITY
OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY
LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF
PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS
OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF
LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND
STRICT LIABILITY), WARRANTY, OR OTHERWISE.
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 AGREE THAT ANY
CLAIM THAT YOU 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 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.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW
OF AN ARBITRATIONAWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN
INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE
AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A
COURT WOULD.
If you have a complaint, dispute, or controversy, you agree
to first contact us at
to attempt to resolve the dispute or controversy informally.
Any controversy or claim arising out of or related to
the use of the Website, any product, service, or software, these Terms, the
Privacy Statement, any affiliate
agreement, or your relationship with us that cannot be resolved through such
informal process or through
negotiation within 120 days shall be resolved by binding, confidential
arbitration administered by the American Arbitration Association (“AAA”), and
judgment on the award rendered may be entered in any court having
jurisdiction thereof. We agree that any claim we may have against you will also
be subject to his arbitration provision, except as provided in Sections 20 and
21 below. The arbitration will be conducted by a single neutral arbitrator in
the English language in [Canada or the United States Jurisdiction?], unless we
both agree to conduct the arbitration by telephone or written submissions. The
arbitrator shall be selected by agreement of the parties or, if the parties
cannot agree, chosen in accordance with Rules of the AAA. The arbitration will
be conducted in accordance with the provisions of the AAA’s Commercial
Arbitration Rules and Procedures, in effect at the time of submission of the
demand for arbitration. The AAA’s Rules are available at
or by calling 1-800-778-7879. The arbitrator shall have the
exclusive and sole authority to resolve any dispute relating to the
interpretation, construction, validity, applicability, or enforceability of
these Terms and Conditions of Use and Sale, the Privacy Statement, this
arbitration provision, and any other terms incorporated by reference into these
Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive
and sole authority to determine whether any dispute is arbitrable. The arbitrator
shall have the exclusive and sole authority to determine whether this
arbitration agreement can be enforced against a non-signatory to this agreement
and whether a non-signatory to this agreement can enforce this provision
against you or MagneticAFCoach.
Payment of all filing, administration, and arbitrator fees
will be governed by the AAA’s Rules. In all other respects, the parties shall
each pay their own additional fees, costs, and expenses, including, but not
limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State
of [Insert State] without regard to its conflicts of laws principles. Any award
rendered shall include a confidential written opinion and shall be final,
subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as
amended. Judgment on the award rendered by the arbitrator may be entered in any
court of competent jurisdiction.
You and MagneticAFCoach agree that disputes will only be
arbitrated on an individual basis and shall not be consolidated, on a class
wide, representative basis, or with any other arbitration(s) or other
proceedings that involve any claim or controversy of any other party. You and MagneticAFCoach
expressly waive any right to pursue any class or other representative action
against each other.
Failure or any delay in enforcing this arbitration provision
in connection with any particular claim will not constitute a waiver of any
rights to require arbitration at a later time or in connection with any other
claims
except that all claims must be brought within 1 year after the claim arises
(the 1 year period includes the 120 day informal resolution procedures
described above).
This arbitration provision sets forth the terms and
conditions of our agreement to final and binding confidential arbitration and
is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§
1-16, as amended.
This provision survives termination of your account or
relationship with MagneticAFCoach, bankruptcy, assignment, or transfer. If the
class action waiver is deemed unenforceable (
i.e.
, unenforceability would allow arbitration to proceed as a
class or representative action), then this entire arbitration provision shall
be rendered null and void and shall not apply. If a portion of this arbitration
provision (other than the class action waiver) is deemed unenforceable, the
remaining portions of this arbitration provision shall remain in full force and
effect.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE
THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A
CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY
CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL
ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
SECTION 17– MagneticAFCoach s Additional Remedies
In order to prevent or limit irreparable injury to MagneticAFCoach,
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 MagneticAFCoach or a
third-party, MagneticAFCoach shall be entitled to seek a temporary restraining
order and preliminary and permanent injunctions or other equitable relief from
a court of competent jurisdiction located in Florida restraining such breach,
threatened breach, infringement, or threatened infringement. Nothing in this
Agreement shall be construed as prohibiting MagneticAFCoach from pursuing in
court any other remedies available to it for such breach, threatened breach,
infringement, or threatened infringement, including the recovery of monetary
damages from you and your business, or heirs. You hereby irrevocably consent to
the exclusive personal jurisdiction of, and exclusive venue in, the courts
governing Orange County, Florida, for all such claims, and forever waive any
challenge to said courts’ exclusive jurisdiction or venue.
SECTION 18 – Indemnification
To the fullest extent permitted by law, you agree to defend,
indemnify, and hold harmless MagneticAFCoach, its
directors, officers, employees, shareholders, licensors, independent
contractors, subcontractors, suppliers,
affiliates, parent companies, subsidiaries, and agents from and against any and
all claims, actions, loss, liabilities,
damages, expenses, demands, and costs of any kind, including, but not limited
to attorneys’ fees and costs of
any litigation or other dispute resolution, arising out of, resulting from, or
in any way connected with or related
to (1) your use, misuse, or attempt to use the Website, software, products, or
services, (2) information you submit
or transmit through the Website, (3) your breach of these Terms, the documents
they incorporate by reference, the Agreement, or the representations and
warranties provided by you in this Agreement, or (4) your violation
of any law or the rights of a third-party.
SECTION 19 – Notice and Takedown Procedures; Digital
Millennium Copyright Act
If you believe that materials or content available on the
Website infringes any copyright you own, you or your agent may send MagneticAFCoach
a notice requesting that MagneticAFCoach remove the materials or content from
the Website. If you believe that someone has wrongly filed a notice of
copyright infringement against you, you may send MagneticAFCoach a
counter-notice. Notices and counter-notices should be sent by e-mail to
These Terms fully incorporate by reference the
DMCA Policy
.
SECTION 20 – THIRD-PARTY LINKS
The Website may contain links to other websites. The views,
information or opinions expressed on or during any MagneticAFCoach or otherwise
publicized on our online and mobile resources are solely those of the creating
authors or contributors and not those of MagneticAFCoach. Further, MagneticAFCoach
is not responsible for and does not verify the accuracy of any of the
information contained in any MagneticAFCoach or content. The primary purpose of
these resources is to educate, inspire and inform. MagneticAFCoach assumes no
responsibility for the content or functionality of any non-MagneticAFCoach
website to which we provide a link. Please see our
Privacy Statement
for more details.
SECTION 21 – Termination
This Agreement will take effect (or shall re-take effect) at
the time you click “ACTIVATE MY ACCOUNT
NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”,
“SCHEDULE CALL” “I
AGREE” or similar links or buttons, otherwise submit information through the
Website, respond to a request for
information, begin installing, accessing, or using the Website, complete a
purchase, select a method of payment,
and/or enter in payment method information, whichever is earliest. If, in our
sole discretion, you fail, or we suspect that you have failed, to comply with
any term or provision of the Agreement or violated any law, whether in
connection with your use of MagneticAFCoach or otherwise, we may terminate the
Agreement or suspend your access to the Website at any time without notice to
you. Sections 10, 18, 20 through 30 of this Agreement, as well as any
representations, warranties, and other obligations made or undertaken by you,
shall survive the termination of this Agreement and/or your account or
relationship with MagneticAFCoach. Upon termination, you remain responsible for
any outstanding payments to MagneticAFCoach.
SECTION 22 – No Waiver
No failure or delay on the part of MagneticAFCoach in
exercising any right, power or remedy under this Agreement may operate as a
waiver, nor may any single or partial exercise of any such right, power, or
remedy preclude any other or further exercise of such right, power, or remedy,
or the exercise of any other rights, power, or remedy under this Agreement. A
waiver of any right or obligation under this Agreement shall only be effective
if in writing and signed by MagneticAFCoach.
SECTION 23 – Governing Law and Venue
This Agreement and any issue or dispute arising out of or
otherwise related to this Agreement or your access to or use of the Website,
our Privacy Statement or any matter concerning MagneticAFCoach, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the
laws of State of Florida without regard to its conflicts of laws principles. To
the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the
arbitration agreement in Section 17 above, the parties agree any such claim or
dispute shall be exclusively brought in and decided by the state or federal
courts located in Florida, and you hereby irrevocably consent to the exclusive
personal jurisdiction of, and exclusive venue in, such courts, and forever waive any
challenge to said courts’ exclusive jurisdiction or venue. All such claims must
be brought on an individual and non-class, nonrepresentative basis, and you
forever waive any right to bring such claims on a class wide or representative
basis.
SECTION 24 – Force Majeure
MagneticAFCoach will not be responsible to you for any
delay, damage, or failure caused or occasioned by any act of nature or other
causes beyond our reasonable control.
SECTION 25 – Assignment
MagneticAFCoach may assign its rights under this Agreement
at any time, without notice to you. Your rights arising under this Agreement
cannot be assigned without MagneticAFCoach (or its assigns’) express written
consent.
SECTION 26 – Electronic Signature
All information communicated on the Website is considered an
electronic communication. When you communicate with MagneticAFCoach through or
on the Website or via other forms of electronic media, such as email, you are
communicating with the company electronically. You agree that we may
communicate electronically with you and that such communications, as well as
notices, disclosures, agreements, and other communications that we provide to
you electronically, are equivalent to communications in writing and shall have
the same force and effect as if they were in writing and signed by the party
sending the communication.
SECTION 27 – Changes To The Agreement
You can review the most current version of the Terms here. We reserve the right, at our sole discretion, to update,
change or replace any part of the Agreement, including the Privacy Statement
located at Privacy Statement.
by posting updates and changes to our Website. It is your
responsibility to check our Website periodically for changes. Your continued
use of or access to our Website following the posting of any changes to the
Agreement constitutes acceptance of those changes.
SECTION 28 – Your Additional Representations and Warranties
You hereby further represent and warrant: (1) that you are
at least eighteen (18) years of age, or the legal age of
majority in your jurisdiction, whichever is greater; (2) have read this
Agreement and thoroughly understand and agree to the terms contained in this
Agreement; and (3) that you will not resell, re-distribute, or export any
product or service that you order from the Website. You further represent that MagneticAFCoach
has the right to rely upon all information provided to MagneticAFCoach by you,
and MagneticAFCoach may contact you by email, telephone, or postal mail for any
purpose, including but not limited to (i) follow-up calls, (ii) satisfaction
surveys, and (iii) inquiries about any orders you placed, or considered
placing, on or through the Website.
SECTION 29 – Severability
If any provision of this Agreement is found by the
arbitrator or (if proper) a court of competent jurisdiction to be invalid or
unenforceable, the remaining provisions shall not be affected thereby and shall
continue in full force and effect and such provision may be modified or severed
from this Agreement to the extent necessary to make such provision enforceable
and consistent with the remainder of the Agreement.
SECTION 30 – Entire Agreement
These Terms, the Agreement, and any policies or operating
rules posted by us on the Website or in respect to the Website constitutes the
entire agreement and understanding between you and MagneticAFCoach and
governs your access to and use of the Website and your ordering, purchasing,
and use and/or attempted use of any service or product, and supersedes and
replaces any prior or contemporaneous agreements, representations,
communications, and proposals, whether oral or written, between you and MagneticAFCoach.
We may also, in the future, offer new services and/or features through the
Website. Such new features and/or services shall also be subject to these
Terms, the Agreement, and any policies or operating rules posted by us on the
Website. Any ambiguities in the interpretation of these Terms or the Agreement
shall not be construed against the drafting party.
SECTION 31 – Contacting Us
We encourage our customers to contact us with questions or
comments about our products and services. Please feel free to do so by sending
an e-mail to
If you have any questions or inquiries concerning any of the
Terms, you may contact MagneticAFCoach by email at
[email protected]
or by regular mail at
223/303 Moo 5. Naklua
Chonburi, Thailand 20150
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