Terms of Use

Effective Date: October 16, 2025 Website: magnetdefense.com

 

ACCEPTANCE OF THE TERMS OF USE

These terms of use are entered into by and between you and Magnet Defense LLC. (“Magnet”, “we”, “our” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the sites owned and controlled by us, including www.Magnet.com, as well as any websites, mobile sites, content, functionality, tools, platforms and services owned and controlled by us where these terms appear or are otherwise referenced, or for which no separate terms are provided as well as to your visits to or interaction with us in any of our platforms or elsewhere (collectively, the “website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the website. By using the website, you accept and agree to be bound and abide by these Terms of Use and all policies and guidelines incorporated by reference, and acknowledge that you have read and understood our Privacy Policy and Cookie Policy. If you do not want to agree to these Terms of Use or any subsequent modification, you must not access or use the website.

PLEASE READ THE CLASS ACTION AND JURY TRIAL WAIVER SECTION BELOW. IT AFFECTS HOW DISPUTES ARE RESOLVED.

This website is offered and available to users who are 18 years of age or older. By using this website, you represent and warrant that you are of legal age to form a binding contract with Magnet and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately upon posting and apply to all access to and use of the website thereafter.

Your continued use of the website following the posting of revised Terms of Use means that you accept and agree to the changes or modifications. You are expected to check this page from time to time/frequently/each time you access this website and to review these Terms of Use to understand the terms and conditions that apply to your use of the Site so that you are aware of any changes or modifications.

Accessing the website and Account Security

This website is made available free of charge. We reserve the right to withdraw or amend this website and any service or material we provide on the website, in our sole discretion at any time without notice. We will not be liable for any reason if all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the website.
  • Ensuring that all persons who access the website through your internet connection are aware of these Terms of Use and comply with them.

To access the website or some of the resources it offers, you may be asked to provide specific registration details or other information. It is a condition of your use of the website that all the information you provide on the website is correct, current, and complete.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website or portions of it using your username, password or other security information. You agree to notify us immediately of any suspected or actual unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to turn off any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned solely by Magnet, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the website or any services or materials available through the website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the website in breach of the Terms of Use, your right to use the website will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the website or any content on the website is transferred or licensed to you, and Magnet reserves all rights not expressly granted. Any use of the website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The company name, the terms Fast. Forward. And all related names, logos, product and service names, designs, and slogans are trademarks of Magnet or its affiliates or licensors. You must not use such marks without the prior written permission of Magnet. All other names, logos, product, and service names, designs, and slogans on this website are the trademarks of their respective owners.

Any unauthorized use of any trademark of Magnet or its affiliates, licensors, or providers may be a violation of applicable trademark laws. Any third-party names or trademarks referenced on the website do not constitute or imply affiliation, endorsement, sponsorship, or recommendation by Magnet of the third parties, or by the third parties of Magnet.

Prohibited Uses

You may use the website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter”, or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Magnet, a Magnet employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm Magnet or users of the website or expose them to liability.

Additionally, you agree not to:

  • Remove or modify any copyright, trademark, or other proprietary mark or notice from the website.
  • Use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the website, including their ability to engage in real-time activities through the website.
  • Use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website.
  • Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the website, the server on which the website is stored, or any server, computer or database connected to the website.
  • Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise, attempt to interfere with the proper working of the website.

User Contributions

The website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right and a perpetual, worldwide, royalty-free, transferrable, and sublicensable license to use, store, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Magnet, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

User Contributions have not been verified or approved by us. The views expressed by other users on this website do not represent our views or values. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the website.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion. You are solely responsible for securing and backing up your content.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the website or the public or could create liability for Magnet.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website.
  • Terminate or suspend your access to all or part of the website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to report any breach to the relevant law enforcement authorities and we will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website. YOU WAIVE AND HOLD HARMLESS MAGNET AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MAGNET/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MAGNET/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot/do not undertake to review material before it is posted on the website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

Where applicable, Magnet will process notifications of claimed infringement regarding User Contributions and any other information posted on the website, under the Digital Millennium Copyright Act (“DMCA,” found at 17 U.S.C. § 512). Additional details concerning DMCA copyright notifications is set forth under the DMCA Copyright Notifications section below.

Content Standards

These content standards apply to any User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use, Privacy Policy and our Cookie Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the website is made available solely for general information purposes. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on this website. We make no representations, warranties, or guarantees, whether express or implied, as to the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or by anyone who may be informed of any of its contents.

This website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Magnet, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Magnet. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the website

We may update the content on this website from time to time, but its content is not necessarily complete or up to date. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the website

All information we collect on this website is subject to our privacy policy and cookie policy. Before using the website, you should therefore review our privacy policy and cookie policy to understand how we collect and use information fully.

Linking to the website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this website.
  • Send e-mails or other communications with certain content, or links to specific content, on this website.
  • Cause limited portions of content on this website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that you do not own.
  • Cause the website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.
  • Link to any part of the website other than the homepage.
  • Otherwise, take any action with respect to the materials on this website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. Magnet does not control or endorse, nor is it responsible for, third-party content, and makes no representations regarding the accuracy of content, information, opinions, claims, or advice shared by users.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may turn all off or any social media features and any links at any time without notice in our discretion.

When using social media features or visiting social media pages/channels, you should also be aware and familiarize yourself with the relevant terms of service, privacy policies, and cookie policies of such social media platforms.

Links from the website

If the website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. Such links should not be interpreted as approval by us of those linked sites and resources or information you may obtain from them. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the website is based in the state of Florida in the United States. We make no claims that the website or any of its content is accessible or appropriate outside of the United States. Access to the website may not be legal for certain persons or in certain countries. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MAGNET NOR ANY PERSON ASSOCIATED WITH MAGNET MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER MAGNET NOR ANYONE ASSOCIATED WITH MAGNET REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

MAGNET HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL MAGNET, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE AMOUNT THAT MAGNET OR ANY OF ITS LICENSORS OR PROVIDERS, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES MAY BE LIABLE TO YOU FOR UNDER ANY THEORY OR CAUSE OF ACTION ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE OR ANY USER CONTRIBUTIONS WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE ONE HUNDRED U.S. DOLLARS ($100).

NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT, OR LIABILITY IN A MANNER THAT IS NOT PERMISSIBLE UNDER APPLICABLE LAW. IN SOME CIRCUMSTANCES, SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF IMPLIED TERMS. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN THE APPLICABLE JURISDICTION AS TO YOUR USE OF THE WEBSITE WILL APPLY TO SUCH USE. WITH RESPECT TO ANY LIMITATIONS WHICH ARE NOT LAWFUL AS STATED, MAGNET’ AND ITS SUPPLIERS’ AND PROVIDERS’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Magnet, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use; any gross negligence, willful misconduct, fraud, or breach of law by you or others that you permit to use any aspect of the website; or your use of the website, including, but not limited to, your User Contributions, any use of the website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the website.

DMCA Copyright Notifications

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 U.S. copyright law.

If you believe in good faith that materials hosted by Magnet infringe your copyright, you (or your agent) may send us a written notice of claimed infringement. The notice must include the following information:

  1. sufficient details to identify the copyrighted work(s) that you believe has been infringed upon;
  2. a description of where the material that you claim is infringing is located on the website (for example, by providing URL(s));
  3. information reasonably sufficient to permit Magnet to contact you, such as your address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the owner of or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  6. your signature.

Magnet will process your notification in compliance with the applicable provisions of the DMCA. Magnet’s designated agent to receive notifications of claimed infringement under the DMCA is:

Legal Department
Magnet Defense LLC
1622 NE 2nd Avenue, 2nd Floor
Miami, FL 33132

Class Action and Jury Trial Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MAGNET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Magnet agree, no judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND MAGNET AGREE THAT NEITHER WILL REQUEST A TRIAL BY JURY UNLESS BOTH YOU AND MAGNET AGREE.

Governing Law and Jurisdiction

All matters relating to the website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the website shall be instituted exclusively in the district or federal courts of competent jurisdiction located in the State of Florida. You hereby waive any objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Termination

These Terms of Use shall remain effective until terminated in accordance with its terms. Magnet reserves the right to immediately terminate these Terms of Use and/or your access to and use of the website or any User Contributions or any portion thereof, at any time and for any reason. In addition, Magnet may terminate these Terms of Use at any time for cause if you fail to comply with any provision of these Terms of Use.

All provisions or obligations contained in these Terms of Use which by their nature or effect are required or intended to be observed, kept, or performed after termination (including without limitation the sections titled “Intellectual Property Rights”, “Trademarks”, “User Contributions”, “Prohibited Uses”, “Reliance on Information Posted“, “Disclaimer of Warranties”, “Limitation on Liability”, “Indemnification”, “DMCA Copyright Notifications,” “Governing Law and Jurisdiction,” “Limitation on Time to File Claims,” “No Investment Advice or Offers,” “Forward Looking Information”, and “Press Release”) shall survive any termination of your rights under these Terms of Use.

Waiver and Severability

No waiver of by Magnet of any term or condition outlined in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Magnet to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

No Investment Advice or Offers

Nothing on the website constitutes investment advice, including Magnet’s filings with the Securities and Exchange Commission. Any stock prices provided by this website are not official market quotations and are not to be considered a substitute for obtaining pricing information from official sources. Magnet provides investor relations materials for convenience and information only. In addition, investor relations’ materials and other website content are not offers to sell or solicitation of an offer to buy any security.

Forward Looking Information

Specific information on this website contains certain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made. The words “believe,” “expect,” “anticipate,” “optimistic”, “intend”, “aim”, “will,” or similar expressions are intended to identify forward-looking statements. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date on which they are made. Magnet undertakes no obligation to update publicly or revise any forward-looking statements, which speak only as of the date on which they were made

Press Release

All press releases and other materials presented or released to the financial community that are contained on the website were, to the best of Magnet’s knowledge, timely and accurate when issued. However, the passage of time can render information stale, and you should not rely on the continued accuracy of any such material beyond the date of issuance. Magnet has no responsibility to update any information contained in any such material. All viewers should carefully check the dates of issuance of the material contained on the website.