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Terms of Use

This website (the "Website") is operated by Magikit Inc.("Magikit") and is governed by the following terms of use ("Terms"). Please carefully review these Terms. Using and/or visiting the Website constitutes your acceptance of these Terms and your agreement to be bound by the same.

Disclaimer of Warranty

The Website and all materials on the Website are provided on an "As Is" basis without warranties of any kind, either express or implied. While we strive to keep the information accurate and up to date, Magikit makes no claims, promises or guarantees about the accuracy, reliability, completeness, or adequacy of the information provided. Magikit disclaims all liability for errors, inaccuracies or omissions that, from time to time, may be contained on the Website.

Limitation of Liability

To the full extent permitted by applicable law, Magikit, its affiliates and employees will not be liable for any loss or damage of any kind arising from or related, directly or indirectly, to the use of, or inability to use, either the Website or any information, content or other materials contained therein, including, but not limited to, general, indirect, special, incidental, consequential, exemplary or punitive damages, even if Magikit had been advised of, knew or should have known of the possibility of such damages. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Magikit, its affiliates and employees shall be limited to the amount paid by you to Magikit, if any, for accessing the Website. At no time and in no event shall Magikit or its employees' total liability to you for all damages in any one or more causes of action, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount paid by you to Magikit, if any, for accessing the Website.

Intellectual Property

Unless otherwise noted, the Website and all materials contained on the Website including product names, details, descriptions, photographs and illustrations (the "Contents") are the sole property of Magikit and/or its licensors. The Contents are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws and may not be reproduced, republished, transmitted, distributed or used on any other website without Magikit’s prior written consent.

No Illegal or Improper Use

You may not use the Website or any Contents for any illegal or improper purpose. You agree to indemnify and hold harmless Magikit, its affiliates and employees for any investigation, defense, settlement or legal proceeding arising out of or relating to your illegal or improper use of the Website and/or the Contents.

Privacy Policy

Magikit respects your privacy and has developed a Privacy Policy to inform you about our privacy practices. Magikit’s Privacy Policy, is incorporated herein by reference.

Third Party Content

The Website may contain links to third-party websites that are not owned or controlled by Magikit. Magikit has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites. By using the Website, you expressly release Magikit from any and all liability arising from your use of any third-party website. In addition, the Website may contain third-party material, including, but not limited to, product reviews and customer comments. Each third party is solely responsible for the material that they post on the Website. When reviewing third-party material included on the Website, please be aware that such material is solely the opinion of the third party and that the third party may or may not be an independent, unbiased individual qualified to provide such material. Magikit takes no responsibility, and assumes no liability, for any third-party material posted on the Website.

Colors

We have made every effort to display the colors of our products as accurately as possible on this Website. However, we cannot guarantee that your computer monitor's display of any color will be accurate.

Purchases

Magikit reserves the right to cancel or refuse to fulfill any order at anytime. If we cancel or refuse to fulfill an order, we will issue you a refund and attempt to contact you at the contact information provided to Magikit at the time the order was placed.

Choice of Law/Venue

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located within the County of Orange, State of California.

Severability of Provisions

If any provision of these Terms shall be deemed invalid, void or unenforceable for any reason, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.

Modifications

Magikit reserves the right to modify the Website or these Terms at any time without notice. Any such changes will be effective immediately. It is your responsibility to regularly review these Terms to inform yourself of any changes. Your continued use of the Website after any changes to these Terms constitutes your consent to the changes.

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