Terms and Conditions
Terms and Conditions:
LAST UPDATED: September 30, 2022
Magi is brought to you by Magi Ancestral Supplements Inc., a Delaware Corporation. We provide unique, natural, plant-based nutritional supplements through ancestralmagi.com (the “Site”) delivered directly via post or otherwise (collectively, with all other services provided through the Site, “Service” or “Services”).
These terms contain an arbitration agreement and class action waiver. Please read them carefully before you start to use the site, since they affect your legal rights.
If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 16 to resolve any disputes with MAGI, its affiliates and their respective, officers, directors and employees (except for matters that may be taken to small claims court).
You agree that by using this Site and registering for membership, you are at least 18 years of age and legally able to enter into a contract.
If you do not agree with all of the provisions of this Agreement, do not access and/or use the Site or Services.
To register for our monthly subscribe and save program, you must register for an account with us (“Company Account”) and provide certain information about yourself as prompted by the Site registration form. In creating an account, you represent and warrant that: (a) all required registration information you submit is complete, truthful and accurate and (b) you will maintain the accuracy of such information as such may change from time to time. Company may suspend or terminate your Company Account in Company’s sole discretion.
If you enroll for subscribe and save, your monthly subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period for the products in your subscription. Your subscription will remain in effect until you cancel it. You must contact Customer Service in writing via email at [email protected] at least three (3) days before your next billing date to cancel your subscription before it renewals monthly in order to avoid billing of the next month’s subscription fee to your Payment Method.
You are responsible for maintaining the confidentiality of your Company Account login information. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Company Account or any other breach of security. Company cannot and will not be liable for any unauthorized use of your Company Account or loss or damage arising from your failure to comply with the above requirements.
You will be solely responsible for all access to and use of the site and/or services byanyone using your password and/or identification whether or not such access to and use of the site and/or service are actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through suchaccess or use.
- Ordering, Payment, and Cancellation
You may order any of the products or Services offered by following the directions on the Site.
Our Guarantee: If you are dissatisfied with a product or products for any reason, we will provide you with a refund or exchange so long as you contact Customer Service in writing via email at [email protected] and make request such a request within thirty (30) days after delivery of the product(s) to the delivery address on your account.
Company may change the pricing for all or any portion of the Service from time to time in its sole discretion by updating the Site and without any additional notice to you, provided that any price changes will not take effect until your subscription next renews. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties.
You hereby authorize Company to bill your credit card as described above. Any amounts not paid when due shall bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate if less. If any fee cannot be charged to your credit card for any reason, Company may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within seven (7) days after receiving such notice of non-payment, then Company may immediately terminate the applicable Service.
We and our third party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your future purchases and subscriptions. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.
All items purchased from Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
- Site License
Subject to the terms of this Agreement, Company grants you a limited, non-transferable, non-assignable, non-exclusive, and revocable license to use the Site and Services for your personal, noncommercial use.
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. Please see the Acceptable Use Policy below.
Company reserves the right, at any time, to modify, suspend, or discontinue the Site, Services or promotions or any part thereof with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Services, or promotions or any part thereof, except and if otherwise expressly set forth in Sections 10 and 11.
You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by Company or Company’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Company and its suppliers reserve all rights not granted in this Agreement.
- User Content
“User Content” means any and all information and content that a user submits to, uses with or relates to the Company, the Site or Services (e.g., content in the user’s profile or postings). By placing material on, or communicating with, the Site, social media or other channels (e.g., the Company’s profiles on Facebook, Twitter, Instagram, and YouTube; emails in response to requests for submissions) (“Other Channels”) (e.g., posting a comment to a Company post; publishing a picture or video on the Company’s Facebook profile; participating in a Company Internet conversation by publishing a Tweet which incorporates a hashtag encouraged by or otherwise referencing Company) you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms (including without limitation the Acceptable Use Policy), and that it will not cause injury to any person or entity. You grant Company and its affiliates and related entities a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to (or permit others to) use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you publish, post, or otherwise provide to us via the Site or Other Channels, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Company to include the information you provide in a searchable format that may be accessed by users of the Site and Other Channels. You also grant Company and its affiliates and related entities and other parties the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant Company the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication, content, or materials you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content (and not Company), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
By submitting suggestions or other feedback regarding our Services (“Contributions”) in any way to MAGI, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) MAGI is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) MAGI shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) MAGI may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to MAGI rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from MAGI under any circumstances.
- Acceptable Use Policy
When using the Services, you agree to the “Acceptable Use Policy” below. Specifically, you agree to:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with notices sent by the Company concerning the Services; and
- Use the Services in a responsible manner.
Additionally, you agree not to:
- Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to the Site;
- Harass, abuse or harm another person, including sending unwelcomed communications to others using the Services;
- Use or attempt to use another’s account without authorization;
- Upload, post, transmit or otherwise make available or initiate any content that is
- unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;
- infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation; or
- contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Company or any user of the Services;
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, display, sell, rebrand, or otherwise transfer information found on the site (excluding content posted by you) except as expressly authorized by Company;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Service, or any part thereof;
- Utilize or copy information, content or any data you view on or obtain from the Company to provide any service that is competitive, in Company’s sole discretion, with Company;
- Rent, lease, loan, trade, sell/re-sell access to Company or any information therein, or the equivalent, in whole or part;
- Remove any copyright, trademark or other proprietary rights notices contained in or on any Company website, including those of the Company and any of its licensors;
- Remove, cover or otherwise obscure any form of advertisement on the site;
- Infringe or use Company’s brand, logos or trademarks except as expressly permitted by Company;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Company’s website;
- Attempt to or actually override any security component included in the Service or underlying Company; or
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Company’s infrastructure.
You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Third Party Sites & Ads; Other Users
The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of Company and Company is not responsible for any Third Party Sites & Ads. Company provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
Each Site or Service user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Service users are solely between you and such user. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users or Third Party Sites & Ads.
If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “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.”
- Disclaimers of Warranties
The site and services are provided “as-is” and “as available” and we (and our suppliers) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the site or services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
- Limitation of Liability
In no event shall we (and our suppliers) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to company products, this agreement or your use of, or inability to use, the site or services, even if we have been advised of the possibility of such damages. Access to, and use of, the site and services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom. Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to the products and/or this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) fifty us dollars ($50) or (b) amounts you’ve paid company in the prior six (6) months (if any). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- Disclaimer – No Professional Advice
Any information provided by us regarding the Services is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
- International Use
We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site, and receive delivery of Services, from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Terms and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Company Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Company Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Company Account involves deletion of your User Content associated therewith from our live databases. Company will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Company Account or deletion of your User Content. Notwithstanding anything to the contrary, if Company terminates this Agreement other than due to your violation of this Agreement or discontinues the Service, Company will provide you a pro-rata refund of your last payment for any pre-paid but unused Services (if applicable), minus any accrued store credit you may have at the time of termination. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2 and 4 through 16 (in each case inclusive of all subsections).
We care about the security of our users. While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
- Dispute Resolution
Please read this section carefully—it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims. It contains procedures for mandatory binding arbitration and a class action waiver.
(a) Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the company and our employees, agents, successors, or assigns, regarding or relating to the Site, Services or this Agreement, shall exclusively be settled through binding arbitration in San Jose, California. Notwithstanding the foregoing, either you or we may bring an individual action in small claims court.
(b) Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the Judicial Arbitration Mediation Services, Inc. (“JAMS”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the JAMS’ final rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.
(c) You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
(d) NO CLASS ACTIONS. You and we must abide by the following rules (1) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) the arbitrator shall honor claims of privilege and privacy recognized at law; and (5) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction.
(e) With the exception of subparts (1) and (2) in Section 16d above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained herein. If, however, either subparts (1) and (2) in Section 16d (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If a claim proceeds in court rather than in arbitration because the agreement to arbitrate is held to be invalid or unenforceable, the dispute shall be exclusively brought in state or federal court in Santa Clara County, California.
(f) Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in the Agreement, any such termination shall not be effective until 30 days after the version of the Agreement not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided the Company with written notice prior to the date of termination.
(g) The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or we must do the following things:
Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
Send one copy of the Demand for Arbitration to the other party.
Any claim you have must be commenced within one (1) year after the date the claim arises. As noted above, you and company hereby voluntarily and knowingly waive any right either may have to a jury trial.
Changes. Company reserves the right to make changes to the Site, Services, policies, and the terms of this Agreement at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. All changes, except those that relate to pricing for existing customers, shall take effect immediately upon posting. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Entire Agreement; Headings; No Assignment by You. This Agreement constitutes the entire agreement between you and us regarding our products, the use of the Site and Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of a customer to the Company and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
Governing Law. Any and all controversies, disputes, demands, counts, claims, or causes of action between you and the Company and our employees, agents, successors, or assigns, regarding or relating to these the Site, Services or this Agreement, shall exclusively be governed by the internal laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
Notices. We may notify you via postings on www.ancestralmagi.com. You may contact us at [email protected] Or via mail or courier at:
ATTN: Chief Financial Officer, MAGI Inc. | Magi Ancestral Supplements, 20830 Stevens Creek Blvd #1091 Cupertino, CA 95014.
2022, MAGI, Inc. All rights reserved.