Terms and Conditions
Please read these T&Cs carefully before using this Website. By using the Website or purchasing Products through the Website, you agree to these T&Cs and agree that all agreements, notices, disclosures, and other communications that MGA provides to you electronically satisfy any legal requirements that such agreement, notices, disclosures and other communications be in writing. If you do not accept these T&Cs, do NOT use this Website or purchase any Products.
- Terms and Conditions Govern. These T&Cs shall constitute the entire agreement with regard to your use of the Website and to the Products we sell to you. Any conflicting, contrary or additional terms and conditions contained in any communication from you shall be of no force and effect. Acknowledgement of any communication from you shall not be deemed an acceptance of any alteration to the T&Cs or a waiver of any portion of the T&Cs.
We reserve the right to make changes to these T&Cs, prices, and warranties for Products at any time by updating this Website. By using this Website, you agree to be bound by the T&Cs in effect at the time of your use and purchase.
By accessing or using this Website and its Content, you represent and warrant that you are at least 18 years old and that you agree to and to abide by these T&Cs. Any registration by, use of or access to the Website and its Content by anyone under age 18 is unauthorized, unlicensed and in violation of these T&Cs.
- Prices and Payment. After submitting an order and following the check-out procedure, you will receive confirmation message with order details and payment instructions. You will be required to pay the specified amount in full. Any tax, duty, custom, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority on the transaction, shall be added to your final bill. It is your responsibility to ensure that the information you submit to us is accurate; inaccurate information may lead to delayed, cancelled, or unaccepted orders. We will not be responsible in any way for information you submit to us that is inaccurate or incorrect, which may lead to delayed, cancelled or missing orders. By submitting such information to us in an order you agree to pay all charges incurred by you.
- Availability and Errors; Right to Refuse. We attempt to keep the Website up to date with accurate information regarding services and Products, but errors may sometimes occur. Any such errors in Product specifications, descriptions, availability and pricing will be corrected when discovered, and we reserve the right to revoke any offer and to correct any errors, inaccuracies or omissions, at any time including after an order has been submitted. If an error in pricing is discovered after your order has been submitted, we will inform you of the error at which time you may cancel or reaffirm your order at the corrected price, at your option. We will not be responsible for any delays in shipping or order fulfillment caused by any error on the Website or any inaccuracy in information submitted to us by you.
We reserve the right to refuse to accept any order for any reason, including due to an error, problem, or inaccuracy in the Website.
- Agreement to Pay. Any orders placed by you on this Website for any Products constitute a binding offer by you to purchase those Products from us. The binding purchase agreement comes into existence only when we accept your order by sending you an e-mail or written communication with order details, confirmation, and your payment receipt. All sales are final and nonrefundable. By submitting an order and submitting payment information, you represent and warrant that you have the right to use whatever payment method you select during your order and that all of the information you submit to us is true and accurate, including your selection of the Products.
- Links to Third Party Websites. The Website may contain links to third party websites and services not affiliated or controlled by us (“Linked Websites”). The Linked Websites are not under the control of MGA and MGA is not responsible for the content, terms and conditions, privacy policies, or data practices of any Linked Website, including, without limitation, any link contained in a Linked Website, or any changes or updates to a Linked Website. MGA is not responsible for webcasting or any other form of transmission received from any Linked Website. MGA provides these links to you only as a convenience, and the inclusion of any link to a Linked Website does not imply endorsement by MGA of the site or any association with its sponsor or operator. MGA is not responsible and disclaims all liability and any loss or claim arising out of any Linked Websites.
- No Unlawful or Prohibited Use. As a condition of your use of the Website, you warrant to MGA that you will not use the Website for any purpose that is unlawful or prohibited by these T&Cs. You may not damage, interrupt, disable, overburden, or impair the Website or interfere with any other party’s use or enjoyment of the Website. You may not obtain or attempt to obtain any Content through any means not intentionally made available or provided for through the Website.
By way of example and not limitation, you agree that, when visiting or using the Website, you will: (a) attempt to harvest or otherwise collect information about others, including e-mail addresses, without their consent (and MGA’s consent); (b) comply with all of MGA’s requirements, procedures, policies regarding visitation and use of the Website and all applicable laws and regulations; (c) not use the Website or its Content for any fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity.
MGA reserves the right to limit or terminate your access to the Website at any time without notice for any reason whatsoever in addition to all other rights and remedies.
- Ownership of Content and Intellectual Property. All content and information included on or comprising the Website and Content are protected by copyrights, trademarks, patent or other proprietary rights and owned by us and our affiliates, unless otherwise noted. All Content is copyrighted as a collective work under the U.S. copyright laws and international treaties, and MGA owns, to the fullest extent allowed by such laws, and claims copyright in the look and feel attributes of the Website as well as the selection, coordination, arrangement and enhancement of such Content. Except as expressly authorized or licensed, you may not copy, download, modify, remove, delete, print, augment, add to, publish, distribute, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the content, in whole or in part.
All intellectual property comprising any Products available for purchase on the Website is the sole property of MGA, including but not limited to any trademark, patent, trade secret, design, or manufacturing process. You may not use any of our intellectual property without our express prior written consent.
- Your License to Us. By posting or submitting any material on or through our Website such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or in our Content at any time for any reason.
9, Liability Disclaimer. You agree to use the Website strictly at your own risk and that you are solely responsible for the content of your communications, whether uploaded, emailed or otherwise transmitted.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS” “WHERE IS” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. MGA FURTHER DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY OR COMPLETENESS OF THE CONTENT OR THAT THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE , FREE OF VIRUSES OR OTHER HARMFUL PROGRAMS, OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED. THE CONTENT MAY BE OUT OF DATE, AND MGA MAKES NO COMMITMENT TO UPDATE THE CONTENT AT THIS WEBSITE OR TO MAKE ANY NOTIFICATION OF CHANGES. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITH RESPECT TO ANY AND ALL BREACHES OF THESE T&CS, MGA’S LIABILITY SHALL IN NO EVENT EXCEED THE CONTRACT OR THE SALES PRICE FOR THE PRODUCTS PURCHASED BY OR SERVICES RENDERED TO YOU. IN NO EVENT WILL MGA AND/OR ITS RESPECTIVE EMPLOYEES, DIRECTORS, MANAGERS, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EQUITABLE, PUNITIVE OR OTHER DAMAGES WHATSOEVER WITH RESPECT TO THE WEBSITE OR ITS CONTENT (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, RELIANCE ON, OR THE RESULTS OF ANY USE OF THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT MGA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE T&CS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Unless otherwise limited by law, we will not be held responsible or liable in any way for the information, Products or materials that you request or receive through or on our Website and its Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Website or its Content in any way or in any location. In the event that you use our Website and its Content or any other information provided by us or affiliated with us, we assume no responsibility, unless otherwise provided by law.
- Personal Responsibility and Assumption of Risk. As a user of the Website, you agree that you are using your own judgment in using our Website and its Content and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website and/or any of its Content. This Website and its Content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of this Website or any of its Content.
- Indemnification. By using this Website, you agree at all times to defend, indemnify and hold harmless MGA, as well as any of our affiliates, agents, contractors, officers, directors, members, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Website, its Content or your breach of any obligation, warranty, representation or covenant set forth in these T&Cs or in any other agreement with us.
- Release of Claims. You hereby release us from any and all claims related to the use of or reliance on our Website and its Content, including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
- DMCA and Claims of Copyright Infringement. 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 available on the Website infringe your copyright, you (or your agent) may send MGA a notice requesting that we remove the material or block access to it. Notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to MGA.
We suggest that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA.
- Export Compliance. The Website and other Content made accessible under these T&Cs may be subject to United States export control laws and regulations and may also be subject to the laws of the country where you reside. You agree not to transfer or otherwise export any such Content from the Website in violation of such laws, including, without limitation, to third parties who are residents or nationals of countries subject to United States embargo or to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Person’s List. You agree to comply with all relevant export laws and regulations, including those of the United States and any other applicable jurisdiction to assure that the Website, Content or anything related to the Website is not exported, directly or indirectly, in violation of any applicable law or regulation, including all U.S. export control laws and regulations. We will not sell any Products to any person with an address outside of the United States. You agree to not purchase any Products for resale inside or outside of the United States.
- Your Conduct. You agree to only purchase Products or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website or its Content. You agree to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, merchant or us that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
- Law and Jurisdiction. The Website was created and is controlled by MGA in the State of Wisconsin, USA. Thus, to the maximum extent permitted by applicable law, these T&Cs and any sale of Products or use of the Website are governed by and construed in accordance with the internal laws of the State of Wisconsin, without regard to its conflict of laws principles or rules of construction concerning the draftsman hereof. Any controversy, claim or dispute arising out of or relating to this Agreement or the relationship, either during the existence of the relationship or afterward, between the parties hereto, their assignees, affiliates, attorneys, or agents, shall be litigated solely in state court in Dane County, Wisconsin or the United States District Court for the Western District of Wisconsin each in the United States of America. Each Party (1) submits to the jurisdiction of such court, and (2) waives the defense of an inconvenient forum. The application of the U.N. Convention on Contracts for the International Sale of Goods (CISG) is hereby expressly excluded. You also agree to comply with all laws from the country in which you reside that are applicable to the transmission of data on the Internet, including, but not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
- Severability. If any part of these T&Cs are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed severable from these T&Cs and will not affect the validity and enforceability of any remaining provisions and the remainder of the T&Cs shall continue in effect.
- Waiver. Waiver by us of any of the provisions of these T&Cs shall not extend to a waiver of any other portion of the T&Cs except for that portion explicitly waived. All waivers must be in writing.
- Headings. The paragraph headings used in these T&Cs are for convenience only and do not form a part of these T&Cs and no construction or inference shall be derived from them.
- General. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MGA as a result of this agreement or use of the Website. MGA’s performance under these T&Cs is subject to existing laws and legal process, and nothing contained in these T&Cs is in derogation of MGA’s right to comply with governmental, court or law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by MGA with respect to such use. A printed version of these T&Cs and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these T&Cs to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you have any questions about these T&Cs, please contact us at ________________________
Last Updated: June 2021