Terms and Conditions

MagneticTherapy.com Terms and Conditions

 

By making a purchase or accessing MagneticTherapy.com (herein referred to as the “Service”) provided by DCTS Corp. doing business as MagneticTherapy.com (herein referred to as the “Company”), you (herein referred to as the “User”) are agreeing to be bound by the following terms and conditions (herein referred to as the “Terms of Use”).

Violation of any of the terms listed below may result in immediate termination of User account and may subject User to legal liability.

Terms of Use – General Terms and Conditions

  1. User agrees not to copy, duplicate, reproduce, sell, or resell Service content without the express written permission of Company.
  2. User agrees not to give unauthorized third parties access to User account or login information.
  3. User agrees not to scrape Company content.
  4. User agrees not to take any action to exceed their assigned access level as it relates to any part of the MagneticTherapy.com website Service or Company’s accounts associated with third-party vendors.
  5. User agrees not to modify, hack, or reproduce any part of the Service in an effort to falsely imply that such modification/reproduction is associated with the actual Company or its affiliates.
  6. Company reserves the right to access administrative areas associated with your User account at any time for the purposes of general maintenance, administrative work, trouble-shooting, upgrades, downgrades and/or any other reason we deem necessesary.
  7. Customer Support is available via email for all paying customers.
  8. Use of the Service is at your own risk. The Service is available on an ‘as is’ and ‘as available’ basis. Company disclaims all terms, conditions, representations, guarantees, and warranties (express, implied, statutory and otherwise), in respect to the Service and our products including those of merchantability, title, non-infringement, quality and fitness for any particular use.
  9. Any verbal abuse, physical abuse, threats of retaliation, libelous or slanderous statements directed towards Company or person(s) associated with Company will not be tolerated and will result in immediate termination of User account without refund. Company reserves the right to pursue legal action against any User who makes slanderous or libelous statements about Company, persons associated with Company, or other services provided by Company.
  10. Company reserves the right, at its sole discretion, to remove any content deemed offensive, unlawful, obscene, threatening, libelous, defamatory, pornographic or otherwise. This includes content that violates other sections of this Terms of Use or anything else that is questionable or violates any party’s intellectual property rights.
  11. User agrees to relieve Company and any other Third Party Partners, code providers, or data providers from any legal liability arising from problems associated with the Service.
  12. User acknowledges that eCommerce code and payment gateways (such as Stripe) is not maintained by company. In the event of a problem with eCommerce functionality or payment gateways, Company will notify the party responsible for the functionality in question and will work to resolve any problems as quickly as possible.
  13. User acknowledges that the processing and transmission of data in connection with Service and any User generated content may take place unencrypted and over various third-party networks.
  14. While every effort has been made to safeguard and backup User data, User agrees not to hold Company liable for any loss or breach of data associated with User account.
  15. User will not attempt to gain access to administrative areas, features, or other User accounts for which User is not specifically authorized to access.
  16. In the event of a dispute that cannot be settled between User and Company, User agrees to settle dispute by way of arbitration and hereby relinquishes the right to sue or file a lawsuit against Company or participate in a class-action lawsuit against Company. Arbitration shall take place in Blount County Tennessee, by an arbitrator located in Blount County Tennessee.
  17. Company does not warrant that (a.) the Service or our products will meet your specific needs, (b.) that information contained on the Service will be entirely accurate or error-free, (c.) that the Service will be error-free, uninterrupted, timely or entirely secure, (d.) that the Service, products we sell, or Company-provided content will meet your individual expectations, (.e) that you will experience any specific result or benefit from using our products, or (f.) that suggested improvements, upgrades or error-fixes to the Service or our products will be implemented.
  18. User understands and agrees that Company will not he held liable for any direct, indirect, special, incidental, consequential or exemplary damages that arise from use of Service or our products (regardless of whether company has been advised of the potential of such damages). Such damages include but are not limited to: loss of income, profits, goodwill, consumer sentiment, data or any other tangible or intangible losses. This includes losses that are a result of (a.) use of Service or our products, or inability to use/access Service or products we sell, (b.) the actions of any third-party, (c.) the actions/availability of features that rely on a 3rd party or Company vendor, (d.) the costs of procuring substitute products or services as a result of an interruption in Service, order-fulfillment, or product delivery, (e.) unauthorized access, modification or deletion of Service or personal data, (f.) the actions and statements made by any third party accessing the Service or using our products, and (g.) any other matter(s) relating to the Service or products we sell.
  19. In the event that Company becomes liable to User despite the above limitations, Company liability will be limited to the total order amount user paid for the products in question that caused the liability. At no time will company liability include costs paid by User to cover User legal consultative fees, expert testimony, lawyer expenses, court fees, or arbitration fees.
  20. User must not use the Service or products we sell for any illegal, unethical or unauthorized purposes. User must not use the Service or our products to violate any federal, state, or local laws.
  21. User assumes full legal responsibility for all messages and communications initiated through use of Service or social media networks associated with service, including but not limited to phone, email, Facebook messages, Facebook Messenger messages, and SMS text messages. User agrees not to send spam or transmit unsolicited messages from the Service.  User also agrees not to modify emails that could be constituted as spam in such a way that would make it look like they originated from the Service or Company, even though they did not. Company reserves the right to immediately discontinue Service or any products we sell  for any User who violates this clause or is accused or suspected of violating this clause.
  22. User will not upload any viruses, malicious code, or tracking software to Service, nor will User send malicious code from Service, or induce others to download, transmit or click on links that are associated with malicious code. Any violation of this clause will result in immediate termination of User Service and may result in legal action against User.
  23. User must be a real person. User must not be a ‘bot’ or computer program, nor can User grant an unauthorized ‘bot’ or unauthorized person access to Service or User administrative areas.
  24. You are responsible and assume complete legal liability and financial responsibility for all content posted by you regardless of where the communication is posted or originated. This includes content posted by User, User representatives, and the Company.
  25. Failure of Company to exercise or enforce any right or provision contained in this Terms of Use does not constitute a waiver or such rights or provisions. The Terms of Use, in conjunction with our Privacy Policy and Shipping and Returns Policy constitutes the entire agreement between User and Company and governs your use of Service and conditions under which you make product purchases from Company.
  26. Company reserves the right to advertise and/or display any content associated with the Service, including User-submitted content such as reviews and article comments, at any time. This includes featuring an image or link to User content associated with User’s account via our website or any other media format selected by Company.
  27. User does not own the rights to any User-content such as reviews or comments.  User does not have any right to compensation or share of any profits that may be generated by User-submitted content.
  28. Login information (usernames, passwords, and login URL’s) associated with the administrative areas of User account will be limited to User and User Authorized Representatives that are approved by Company. This includes access to any other administrative areas User may have access to in association with the Service.
  29. User grants Company, its parent company DCTS Corp., Third-Party Partners, and affiliate companies the right to contact User via email, telephone, mail, SMS, Facebook, Facebook Messenger, and any other medium about the Service, products we sell, or additional third-party products that Company thinks may be of interest to User, regardless of whether User is registered with any national, state or local do-not-call or do-not-mail lists.
  30. If any item in this Terms of Use conflicts with another (or any other Company document, policy or agreement), Company will have sole discretion to interpret said conflict and decide which of the conflicting items will prevail.
  31. If any provision of this Agreement is found to be illegal, invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions will not be affected or impaired, unless continued enforcement of the provisions frustrates the intent of Company.  No delay or failure by Company in exercising any right under this Terms of Use, and no partial or single exercise of that right, will constitute a waiver of that or any other right. Failure to enforce any right under this Terms of Use will not be deemed a waiver of future enforcement of that or any other right.
  32. By using the Service or Digital Products, User agrees to the terms contained in the MagneticTherapy.com Privacy Policy.
  33. User agrees that none of the content or product information displayed on the MagneticTherapy.com Service is intended as medical advice.  The Company’s magnetic therapy products are not sold as medical devices or to cure diseases. The Company makes no guarantees of product effectiveness or any particular outcome from using products sold on the Service by Company; effectiveness can vary from person to person. The Service and the products the Company sells are not intended to replace professional medical advice, your doctor, or any instructions, prescriptions or directions that have been prescribed by your doctor. You should always consult with your medical doctor if you have questions or concerns about your health or treatment.  Magnetic therapy products are not recommended for pregnant women or persons with a pacemaker, defibrillator, or any other implanted electronic medical device. Magnets and magnetic therapy products should be kept away from computer disks, hard drives, videotapes, credit cards, and any other form of magnetic media.

Terms of Use – Payment, Refunds, Shipping and Returns

  1. If you are not satisfied with your purchase simply request a refund within 30 days of purchase using our contact form or by sending an email to returns@magnetictherapy.com and we will issue a 100% refund for your order amount (less any shipping fees which are not refundable) once your return has been processed.  Items that are on sale or part of a special promotion are not eligible for refunds or returns. In order to qualify for a refund, you must return the item(s) and all original packaging materials.  All items we sell are new, so items must be returned unworn to qualify for a refund.  You are responsible for return shipping fees and insurance.  You must include the completed Return Merchandise Authorization form that we will email you in order to qualify for a refund.  In the event that we do accept a return request for a sale item or special promotion item, the refund will be subject to a 15% restocking fee based on the purchase price of the item(s) being returned.
  2. A valid credit card is required for making a purchase.
  3. User must provide their real full name, a valid email address, shipping and billing address, payment information, and any other information or documentation required to process payment.
  4. Products are sold exclusive of all taxes (except State of Tennessee sales tax for Tennessee customers), duties or levies imposed by taxing authorities. User is responsible for payment of any required taxes, duties, or levies that may arise.
  5. Sales tax is applicable to the products we sell to customers in the State of Tennessee.  Company will collect State of Tennessee sales tax for transactions completed by Users who indicate they live in the State of Tennessee during the checkout process. User assumes full responsibility for paying any additional federal, state, or local sales and/or use taxes that may become due as a result of new or pending legislation.
  6. Prices are subject to change without notice.
  7. Company reserves the right to delay shipment of your order in the event that the credit card associated with your account is denied when payment processor attempts to charge your card. Your order processing will resume within 24 hours of confirmed successful payment.
  8. Company reserves the right to permanently delete all data, content, and administrative settings associated with User accounts. Company does not assume any liability for such losses.

Terms of Use – Cancellation and Termination of Service

  1. Company retains the right to suspend or terminate your access to Service and administrative areas associated with your account at any time. Such termination could result in a deletion of your User data and User content associated with your account. Company reserves the right to refuse service to anyone at any time, for any reason.

Terms of Use – Service Modifications

  1. Company reserves the right to modify and/or discontinue the Service or products we sell at any time with or without notice.
  2. Features that are advertised on Service may be modified or discontinued at any time.
  3. Company will not be held liable to User or any other Third Parties for any price change, modification, suspension or discontinuation of any Company Service, product, special offer, or sale.
  4. Company retains the right to test new features and make modifications to the Service and administrative areas associated with your account without notice or permission at any time.

Terms of Use – Content Ownership and Copyright

  1. User is solely responsible for all content displayed in association with User-submitted content (including but not limited to product reviews and article comments) and agrees to assume full legal and financial responsibility for all content displayed or associated with User’s account.
  2. User agrees not to commit copyright or trademark infringement by posting, displaying, sharing, or linking to content that User does not own or have explicit permission to reproduce.
  3. User acknowledges there is not a way to prevent 3rd parties from sharing content that appears on the public portion of Service, and thus grants third parties the right to share User content while also relieving Company of any legal or financial liability that may arise.
  4. Company reserves the right to remove or refuse any content deemed unacceptable at any time for any reason.
  5. The look, feel and functionality of the Service is copyright MagneticTherapy.com/DCTS Corp. (all rights reserved). You may not copy, duplicate, reuse, hack, or make public any portions of the HTML, CSS, JavaScript, PHP, Python, Company content (including but not limited to product descriptions, product reviews, or article content), or design elements without the express written permission of Company.
  6. The Service relies on computer code and services assembled from various sources and third-party partners. Sources include unique and proprietary code created by the Company, code licensed from third-party vendors and programmers, as well as code made available by open source initiatives. You agree to take no action that could infringe upon the rights of the legal owners of the code or lessen its value in any way. This means User cannot provide, copy, sell, sublicense, decompile, or grant unauthorized access to code to any third-party individuals without the express written permission of Company or the respective copyright holder. User acknowledges that Company has no control over the ongoing availability of third-party code and features and thus relieves Company from any liability that could arise from loss of current features due to a change in the availability of third-party code, features and code libraries.
  7. User does not own any part of the Service, servers, technical infrastructure, bundled libraries, visual design elements, WordPress configuration, technical processes, or other Company produced content.
  8. Any content not copied by User prior to account deactivation may become irretrievable; User relieves Company from any liability that may arise from content being lost during the account deactivation process.  At no time will User or any third-party be granted access to Company servers or any level of administrative access beyond the default access that is available to all Users of Service.

Terms of Use – Updates, Changes, and Modifications

  1. Company may update, change, or modify this Terms of Use at any time with or without notice.  The Service and all products we sell shall also be subject to this Terms of Use. User’s continued use of the Service, or purchase of items we sell following any changes to this Terms of Use shall constitute User’s consent to such changes.