Legal

TERMS OF USE

Welcome to www.magnaes.com (the “Site”), which is operated by Magna Energy Services, LLC, a Colorado limited liability company (“Magna”). By using and/or visiting the Site (collectively, including all content and functionality available through the Site), you (the “User” or “you”) acknowledge and agree that you have read, understand, and agree to be bound by the terms and conditions set forth in these Terms of Use (the “Terms of Use”).

PLEASE READ THE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING WITHOUT LIMITATION, VARIOUS LIMITATIONS AND EXCLUSIONS.

MAGNA RESERVES THE RIGHT, IN ITS SOLE DISCRETION TO CHANGE, MODIFY, ADD, AND DELETE PORTIONS OF THE TERMS OF USE AT ANY TIME WITHOUT FURTHER NOTICE. ANY SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS OF USE. YOU AGREE TO REVIEW THE TERMS OF USE PERIODICALLY AND TO BE AWARE OF SUCH MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS OF USE.

1. Application of the Terms of Use. The Terms of Use apply to all Users of the Site. Without limiting the foregoing definition of a User, a User shall include, but not be limited to, any party visiting and/or viewing the contents of the Site; transmitting, sending, or supplying information to the Site and/or Magna; and any party uploading, publishing or displaying information on or through the Site.

2. Site Content. All content on the Site, including without limitation, data, designs, text, files, graphics, pictures, video, information, applications, software, and other materials, and their selection and arrangement (the “Site Content”), is the proprietary property of Magna, its users or its licensors with all rights reserved. As between you and Magna, Magna is the sole owner of all Site Content, including all copyrights, trademarks, and other intellectual property rights. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Magna’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Subject to your compliance with the Terms of Use, you may access and use the Site and the Site Content and download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such right is subject to the Terms of Use and does not include use of any data mining, robots, or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Magna, is strictly prohibited and you will no longer be permitted to access and use the Site and the Site Content. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Magna reserves the right, in its sole discretion, to restrict, suspend, or terminate your access and use of the Site and the Site Content at any time without notice.

3. User Content. You are solely responsible for the transmission, accuracy, completeness, ownership, and publication of all information (other than personal information, which is governed by Magna’s Privacy Policy), including data, designs, text, files, graphics, pictures, video, information, and other materials (“User Content”) that you transmit to the Site or supply Magna and/or upload, publish or display on or through the Site, or transmit to or share with others. You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post.

You understand and agree that Magna reserves the right to, but is not obligated to, monitor, review, or edit Site Content or User Content and may delete or remove (without notice) Site content or User Content in its sole discretion, for any reason or no reason, including Site Content or User Content that in the sole judgment and discretion of Magna violates the Terms of Use, or which might be illegal, undesirable, inappropriate, or inaccurate. Magna is not responsible for any decision, lack of decision, or delay in editing or removing Site Content or User Content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Site Content or User Content.

You authorize and direct Magna to make such copies of User Content as it deems necessary in order to facilitate the posting and storage of the User Content on the Site. You grant, and you represent and warrant that you have the right to grant, to Magna an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, reformat, translate, adapt, excerpt (in whole or in part) and display such User Content on or in connection with the Site or the promotion thereof. You may remove your User Content from the Site at any time. Magna does not assert any ownership over your User Content; rather, as between you and Magna, subject to the rights granted to us in the Terms of Use, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

4. Representations and Warranties. You represent, warrant, and agree that the User Content does not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material.

In addition, you agree not to:

Use the Site in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Site;
Upload, post, transmit, share, store or otherwise make publicly available any content that Magna deems in its sole discretion to be undesirable, inappropriate, inaccurate, harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, offensive, vulgar, profane, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
Harvest or collect email addresses or other contact information of other Users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Use automated scripts to collect information from or otherwise interact with the Site;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
Upload, post, transmit, share, store or otherwise make publicly available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Upload, post, transmit, share, store, or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Solicit personal information or solicit passwords or personally identifying information for commercial or unlawful purposes;
Upload, post, transmit, share, store or otherwise make publicly available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Intimidate, attack, or harass another User;
Upload, post, transmit, share, store, or otherwise make publicly available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
Access User Content through any technology or means other than authorized means designated by Magna;
Use or attempt to use or access another’s account, service or system without authorization from Magna, or create a false identity on the Site;
Upload commercial messages on the Site such as advertisements or solicitations of business;
Encourage or direct other Users to arrive at any agreement that either expressly or impliedly leads to price fixing, a boycott of another’s business, or other conduct intended to illegally restrict free trade;
Upload any material that encourages or facilitates an agreement regarding the following subjects: prices, discounts, or terms or conditions of sale; boycotts; salaries; profits, profit margins, or cost data; market shares, sales territories, or markets; allocation of customers or territories; or the selection, rejection, or termination of customers or suppliers;
Send any message to inappropriate Users;
Post any information or other material protected by copyright without the permission of the copyright owner;
Send administrative messages, such as “remove me from the list”, through the Site.

5. Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act (the “DMCA”) by providing our copyright agent (see below), with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
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;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have 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
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Magna’s designated copyright agent to receive notifications of claimed infringement is Chris Rockers (the “Copyright Agent”). For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Chris Rockers at crockers@cstoneholdings.com. You acknowledge that if you fail to comply with all of the foregoing requirements, your DMCA notice may not be valid.

In the event Magna removes User Content (or to which access was disabled) and you believe that such removed User Content is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Chicago, Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Magna may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the User, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Magna’s sole discretion.

6. Links. The Site may contain links to third party websites that are not owned or controlled by Magna. Magna has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Magna will not and cannot censor or edit the content of any third party websites. By using the Site, you expressly waive any rights to bring a lawsuit for any losses arising from, relating to, or concerning your use of any third party website. Accordingly, Magna encourages all Users to be aware when you leave the Site and to read the terms and conditions and privacy policy of each website that you visit.

7. Availability of Sites. The Site may be temporarily unavailable from time to time for maintenance or for any other reason whatsoever. Magna assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User Content. Magna is not responsible for any technical malfunction or other problems of any computer systems, servers or providers or traffic congestion on the Internet, including without limitation, injury or damage to User’s or to any other person’s computer. UNDER NO CIRCUMSTANCES WILL MAGNA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE TO ANY USER CONTENT OR PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SITE, ANY USER CONTENT OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT POSTED ON OR THROUGH THE SITE, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.

8. No Data Storage/Shared Server. The Site is not a tool for storing or preserving User Content. Magna expressly disclaims any liability for lost or deleted Site Content or User Content. You shall not rely on Magna for preservation of any Site Content or User Content, and shall maintain all Site Content or User Content in a separate manner. All Site Content and User Content is posted on a shared server. You acknowledge that there is no assurance that Site Content or User Content will remain confidential and there is no assurance that Site Content or User Content will not be lost or deleted.

9. Warranty Disclaimer. MAGNA DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGMENT. MAGNA FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE AND ITS CONTENTS AND DOES NOT ENDORSE ANY USER CONTENT. MAGNA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY USER CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. MAGNA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MAGNA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability. Under no circumstances will Magna or its affiliates be liable to Users for any indirect, incidental, consequential, special or exemplary damages arising from any provision of the Terms of Use or your use of the Site.

YOU SPECIFICALLY ACKNOWLEDGE THAT MAGNA SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

11. Indemnity. You agree to defend, indemnify, and hold harmless Magna, its members, managers, officers, employees, agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of the Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This Section 11 shall indefinitely survive the termination of the Terms of Use and your use of the Site.

12. Privacy Policy. Click here to review Magna’s Privacy Policy, which is incorporated into the Terms of Use by reference.

13. Contact Information. If you have any questions or comments about the Terms of Use, please send an e-mail to crockers@cstoneholdings.com.

14. Miscellaneous. Failure by Magna to enforce any provision(s) of the Terms of Use shall not be construed as a waiver of any provision or right. The Terms of Use, and all other aspects of use of the Site, shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules. All claims and disputes arising out of the Terms of Use, the Privacy Policy, or use of the Site, other than an action for specific performance or injunctive relief brought by Magna, shall be exclusively brought in the federal, state or local courts located in or for Broomfield, Colorado; and, with regard to such claims and disputes, Users hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of the Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions shall remain in full force and effect. The User may not assign, transfer, or otherwise convey any rights granted hereunder; provided that, Magna may assign any of the foregoing without notice or prior written consent. The Terms of Use shall inure to the benefit of Magna, its successors and assigns. The Terms of Use, the Privacy Policy, and any other legal notices published by Magna on the Site, shall constitute the entire agreement between you and Magna regarding the use of the Site.

PRIVACY POLICY

Magna Energy Services, LLC, a Colorado limited liability company (“Magna”), places a high priority on protecting your privacy. This privacy policy was created in order to demonstrate our firm commitment to the privacy of our website visitors (the “User” or “you”). This privacy policy explains the types of information collected by Magna’s website, www.magnaes.com (the “Site”), and how such information is used.

1. Information Collected. The type of information that a User provides to us while accessing the Site will depend in part upon the activity being performed by such User. For example, the information collected may include personally identifiable information, the User’s name, company, address, e-mail address, and telephone number.

2. Use of Information. Magna will likely use any personal information it receives for the following purposes:

Magna may use your personal information to process and complete your transactions through the Site, if any.
Magna may record information about your usage, such as when you use the Site, the contacts you communicate with, and the frequency and size of data transfers, as well as information you display or access on the Site.
Magna may use your e-mail address or other personally identifiable information to send commercial or marketing messages to you.
Magna may use your e-mail address for non-marketing or administrative purposes (such as notifying you of major Site changes or for customer service purposes).
Magna may use your name, mailing address, and other personally identifiable information in a mailing list that it sells to third parties for the marketing of their products and services to you; provided that you do not opt-out of such disclosures as provided below.
Magna may use both your personally identifiable information and certain non-personally identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Site and to create new features, promotions, functionality, and services by storing, tracking, analyzing, and processing user preferences and trends, as well as user activity and communications.
Magna may use cookies, clear gifs, and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit the Site; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.

Magna may disclose any information to third parties who perform functions or services on its behalf and to affiliated entities. Magna may also disclose information if necessary (a) to conform to the requirements of the law or to comply with legal process or subpoena served on Magna, (b) to protect and defend the legal rights or property of Magna, the Site or its Users or (c) in an emergency, to protect the health and safety of its Users or the general public. Magna also reserves the right to report any suspected illegal activity to law enforcement for investigation or prosecution, and any information we may have with respect thereto.

Personally identifiable information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records, widely distributed media, or disclosures to the general public required by federal, state, or local law.

3. Third Party Advertisers and Links. Magna may allow third party ad servers or ad networks, to serve advertisements within the Site. These third party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Site. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see.

Magna does not provide any personally identifiable information to these third party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. You should consult the respective privacy policies of these third party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. Magna’s privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.

4. Children’s Privacy. The Site is not intended for children under thirteen (13) years of age. Magna does not knowingly solicit or collect personal information from or about any such children, and Magna does not knowingly market its products or services to any such children. If Magna becomes aware that it has inadvertently received personal information from a User under the age of thirteen (13), it will delete such personal information from its records.

5. Updates to our Privacy Policy. MAGNA MAY MODIFY THIS PRIVACY POLICY AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED PRIVACY POLICY. YOU AGREE TO REVIEW THE PRIVACY POLICY PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE PRIVACY POLICY, AS MODIFIED.

6. How to Contact Us. If you have any questions or comments about this Privacy Policy, or if you would like to update your information or preferences, please send an e-mail to crockers@cstoneholdings.com.