Our Terms and Conditions

Magnify Consulting

The Magnify Consulting Web Site (the “Site”) is an online information service where you can learn about the search engine optimization and other services provided by Magnify Consulting (“MC”), and is available subject to your compliance with the terms and conditions set forth below.  Nothing in this Site shall be construed as creating any warranty or other obligation on the part of MC.

Agreement

Disclaimer of Warranties

Limitation of Liability

Privacy

Our Copyrighted Materials; Infringement Claims

Trademarks

Right to Preserve and Disclose

Prohibited Actions

Prohibition on Scripts, Bots, Third Parties, etc.

Prohibition on Scraping

Ownership of Usage Data

Links

Must Be At Least 18 Years Old to Use This Site

Site Controlled from United States; Prohibited Persons and Countries

Not Authorized to Do Business In Every Jurisdiction

Entire Agreement; Severability

Contact Us

Agreement. Please read the following information carefully before using this Site. If you do not agree with any part of the Agreement, do not use this Site. MC reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement at any time,  and by using this Site after the posting of a modification, you accept the modification.  Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.

Disclaimer of Warranties; THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.  Some jurisdictions do not allow the exclusion of certain warranties.  As a result the above may not apply to you. These warranties are hereby excluded to the fullest extent permissible by law.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL MC BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE OR THE MERCHANDISE.  Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, MC’s liability is limited to the greatest extent permitted by law, or the amount paid for your order, whichever is less.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: 

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”  

Privacy. Personal information transmitted to MC will be treated in accordance with our Privacy Policy

Our Copyrighted Materials; Infringement Claims. The copyrights in all text, images, screens and other materials provided on this Site (collectively, the “Materials”) are owned by MC and/or by third parties. Except as provided below, none of the Materials may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without the prior written permission of MC or the copyright owner.  Unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes.  If you believe that any of the Materials infringe on any of your intellectual property rights, please contact MC immediately at the address provided below.  Except as expressly provided herein, MC and the third parties reserve all rights with respect to the Materials, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations, including but not limited to the right to terminate accounts of any user who has infringed a third party’s copyright three times.  Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to MC’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. Notifications of claimed copyright infringement.

Trademarks. Trademarks and service marks that may be referred to on this Site are the property of MC or their respective owners. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The name of MC or the MC logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission. You are not authorized to use our logo as a hyperlink to this Site unless you obtain MC’s written permission in advance, although we permit you to use certain designated features of the Site to use our logo as a hyperlink for designated purposes.

Right to Preserve and DiscloseMC may preserve all information you provide.  MC may also disclose information you provide if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:  (a) complete your transaction; (b) comply with legal process; (c) enforce this Agreement; (d) respond to claims that any materials on this Site violate your rights or the rights of third parties; (e) protect the rights, property, or personal safety of MC, its users and/or the public; or (f) in the event that all or substantially all of MC’ assets are acquired by a third party.

Prohibited Actions. You agree not to:  (a) decompile, reverse engineer, disassemble, modify, reduce the Site to human perceivable form or create derivative works based upon the Site or any part thereof; (b) disable any licensing or control features of the Site; (c) “frame” the Site or any portion thereof or otherwise cause the Site or its contents to appear to be provided by anyone except MC; (d) introduce into the Site any virus or other code or routine intended to disrupt or damage the Site, or alter, damage or delete any Materials, or retrieve or record information about the Site or its users; (e) merge the Site or Materials with another program or create derivative works based on the Site or Materials; (f) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or Materials; (g) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Site to others; (h) use, or allow the use of, the Site or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (i) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site.  Except as expressly provided herein, MC and the third parties reserve all rights with respect to the Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.

Prohibition on Scripts, Bots, Third Parties, etc. You shall not access or use the Site by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to the Site.  

Prohibition on ScrapingYou are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the Site if you do so for commercial purposes.

Ownership of Usage Data. MC may collect and aggregate data about your usage of the Site, and MC shall be the sole owner of such information.  

Must Be At Least 18 Years Old to Use This SiteAt this Site MC makes no active effort to collect personal information from individuals under the age of eighteen (18).  MC requires that Site users must be of legal age to enter into agreements (typically, at least eighteen (18) years of age or older).  

Site Controlled from United States; Prohibited Persons and CountriesThis Site is controlled from offices within the United States. MC makes no representation that content or materials in this Site are appropriate or available for use in other jurisdictions. Access to this Site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF NEW YORK WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THIS SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS.  YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF NEW YORK IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON. 

You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Not Authorized to Do Business In Every Jurisdiction. MC is not authorized to do business in every jurisdiction.  Information published on this Site may contain references or cross-references to goods or services that are not available in your state or country. 

Entire Agreement; Severability. You acknowledge that you have read and understood this Agreement and that you agree to be bound by its terms and conditions.  You further agree that this Agreement, together with the Privacy Policy, which is hereby incorporated into this Agreement by reference, constitute the complete and exclusive statement of the Agreement between you and MC and supersedes all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of this Agreement.  If any provision of this Agreement is found unenforceable, it shall not affect the validity of this Agreement, which shall remain valid and enforceable according to its terms.

Contact Us

For further information, or inquiries about this Agreement, please contact:

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Pursuant to Title 17, U.S. Code, Section 512(c)(2), written notification must be submitted to the following Designated Agent:

Service Provider(s):
Name of Agent Designated to Receive
Notification of Claimed Infringement:
Full Address of Designated Agent to
Which Notification Should be Sent:
Telephone Number of Designated Agent:
Facsimile Number of Designated Agent:
Email Address of Designated Agent:

To be effective, the Notification must include the following: 

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 
  4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; 
  5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.