2. No Medical Advice
The products offered and claims made about such products on or through the Site have not been evaluated by the Food and Drug Administration (FDA) and are not approved to diagnose, treat, prevent or cure any disease.
The information found on the Site is editorial in nature, designed for informational and educational purposes only. While we believe in natural remedies and wholesome and nourishing food, the information on this Site is not intended to provide diagnoses, treatment or medical advice of any kind. Products, information and other content provided on the Site, including information that may be provided on the Site directly or by linking to third-party websites are provided for informational purposes only. If you have any health related questions or concerns, please contact your physician or other licensed health care provider (collectively “physician”). You should always consult with a physician prior to changing your diet, exercise program, using any new product or supplement (including our lotion), or stopping the use of any product or supplement. Everyone is different and may react differently to different products. The results reported on this Site may not necessarily occur in all individuals. You should consult a physician about interactions between medications you are taking and any products, including our lotion. If you are pregnant, nursing, taking medication, or have a medical condition, consult your physician before using these products. Never disregard advice from a physician or delay acting upon medical advice from a physician based on any information you may have found on the Site.
The statements and claims about the possible health effects of the products found on the Site have not been evaluated by the FDA.
3. Site Use
By using our Site, you represent and agree that you are at least 18 years of age or older and are competent to enter into the terms, conditions, representations and warranties set forth in this Agreement. If you are under the age of 18, you are not permitted to use this Site.
You agree to use the Site for lawful purposes only. You agree that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through the Site any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive or otherwise objectionable material of any kind including any material that encourages illegal conduct or conduct that would encourage civil liability, infringe on the intellectual property rights of others or otherwise violates any applicable local, state, national or international law. You agree not to use the Site in a manner that would interfere with its normal operation or infringe on the use of the Site by others.
Links to or access from third party websites is not an endorsement by us of any information, product or service. Use of any third party websites is at your own risk. We are not responsible for the content or performance of any third party website. Comments made in any forums on this Site by employees or Site users are strictly their own personal views made in their own personal capacity and are not claims made by us, nor do they represent our positions or views. We are not liable for any information provided by such individuals with regard to recommendations regarding products for any health purposes.
We make no representation that content of the Site or that products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Users of the Site outside the United States do so at their own risk and are responsible for complying with all applicable laws and regulations. You agree not to access the Site from any location or territory where doing so may violate any applicable laws or regulations and that you and not us, are responsible for compliance with all applicable laws and regulations.
5. Intellectual Property
You acknowledge that all Site content, including the Site’s design, text, graphics, sounds, pictures, software and other files and their selection and arrangement (collectively “Content”), are our property and are subject to and protected by United States and international copyright or other intellectual property laws and rights. The trademarks, service marks, trade names, and logos (collectively “Marks”) contained on the Site, including without limitation are our sole property. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved.
6. Limitation of Liability
YOU AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, THE CONTENT CONTAINED ON THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT. MAGNESIUM LOTION SHOP LLC AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF ANY OF THEM (COLLECTIVELY THE “MLS PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE MLS PARTIES MAKE NO WARRANTY THAT: THE SITE WILL MEET YOUR REQUIREMENTS; THE SITE WILL BE SECURE, ERROR FREE OR UNINTERRUPTED; THE RESULTS OBTAINED WILL BE ACCURATE OR RELIABLE; THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER CONTENT OR MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR THAT ANY SITE ERRORS WILL BE CORRECTED. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR ACCESSING OF ANY CONTENT. NO INFORMATION OBTAINED BY YOU IN ANY WAY FROM THE MLS PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MLS PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MLS PARTIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS ATTRIBUTABLE TO PRODUCT MISUSE OR MODIFICATION, ABUSE, INCORRECT PRODUCT SELECTION AND NOT FOLLOWING PRINTED DIRECTIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MLS PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION, EVEN IF THE MLS PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE ARRANGEMENT BETWEEN US AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT THE FOREGOING LIMITATIONS. SUBJECT TO THE FOREGOING, THE MAXIMUM LIABILITY OF THE MLS ENTITIES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM US THAT GAVE RISE TO SUCH CLAIM.
IF YOU ARE DISSATISFIED WITH ANY OF THE TERMS OF THIS AGREEMENT OR ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
WE MAKE NO GUARANTEE OR WARRANTY WITH RESPECT TO ANY PRODUCTS SOLD OR SERVICES PROVIDED. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES FOR INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY THIRD PARTIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
You agree to indemnify, defend and hold harmless the MLS Parties from and against all losses, expenses, costs and damages including attorneys’ fees resulting from your use of, or inability to use: (i) the Site; (ii) any products or services purchased or obtained by you in connection with the Site; (iii) any Site postings or activity related to your account made by you or another person; (iv) your violation of any terms of this Agreement; (v) your violation of any rights of a third party; or (vi) your violation of any applicable laws, rules or regulations. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will still be required to indemnify us for the actual attorneys’ fees and expenses in addition to any losses, claims, damages and liabilities incurred by us. You shall not in any event settle any matter without our prior written consent.
8. Invalidity of Provisions
Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Agreement and the remaining portion shall continue in full force and effect.
9. Waiver; Claims
Our failure to enforce any term of this Agreement will not constitute a waiver of such term and will not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be permanently barred.
10. Entire Agreement
This Agreement sets forth the entire understanding and agreement between the parties with reference to the subject matter of this Agreement.
11. Governing Law; Jurisdiction; Dispute Resolution
This Agreement shall be governed by and constructed in accordance with the laws of the State of Georgia without regard to its conflicts of laws principles. To the fullest extent permitted by law, you and the MLS Parties agree to arbitrate any controversy, claim or dispute arising out of or in any way related to this agreement, including but not limited to claims based on contract, tort, negligence, statutory or regulatory provisions. EACH PARTY IS GIVING UP ITS RIGHT TO SUE IN COURT AND TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.
Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. Unless you and we otherwise agree, the arbitration will be conducted in Atlanta, Georgia by a single neutral arbitrator in accordance with the then current rules for resolution of disputes of the American Arbitration Association (AAA) . The parties are entitled to representation by an attorney or other representative of their choosing. The parties agree to abide by and perform any award rendered by the arbitrator. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
12. Comments and Feedback
We love to read comments and feedback from our customers! Everyone is entitled to their own opinion and we simply ask that you share yours with respect (especially if commenting on a blog post). If your comments are rude, obnoxious, or are otherwise deemed inappropriate by us in our sole discretion, your comment will be deleted. Comments that are promotional in nature , spam or include links will be deleted in our sole discretion. We reserve the right to edit and/or remove any links contained in a comment at our discretion. When leaving comments, please note that the use of real names, rather than a business name or blog name, make comments less likely to be marked as spam or being deleted. By leaving a comment, you grant us permission to use them to help other readers,. Also, by leaving a comment you give us permission to email them, post follow-up comments and include them in other correspondence.
13. Affiliate Links
First and foremost: this Site was created to provide magnesium lotion and related information with you in mind. Additionally, we may earn certain compensation via affiliate links if you go through them to make a purchase. That compensation can range from a free item to actual money. It should come as no surprise that we believe in honesty and transparency. Keep in mind that we link these companies and their products because we believe in them and not because of any compensation we may receive from your purchases. The decision is always yours, and whether or not you decide to buy something is completely up to you.
14. Contact Us
15. Shipping and Refund Policy
Due to the nature of our product, we do not offer refunds on any product purchased through our website. Exceptions for damaged or incorrect fulfillment will be made on a case by case basis. In the event the seller agrees to process a refund on undamaged items, buyer will be responsible for returning unused items and covering shipping related costs.
In cases where an incorrect shipping address was provided by the customer, orders will not be refunded.