Terms & Conditions

This NINEMAGS LLC website (the “Website”) is owned and operated by NINEMAGS LLC (the “Company”). The Company offers a course titled "The Magnets Club Accelerator" (the "Course"). Use of the Website and enrollment in the Course are offered to you conditioned on your full acceptance of the terms and conditions of this agreement contained herein (“Terms”). Your use of the Website and enrollment in the Course constitutes your agreement to all associated Terms. By using the Website and enrolling in the Course, you represent that you are lawfully able to enter contracts. Please read the following Terms carefully.

ACCOUNT. You may create an account for use of the Website and to participate in the Course. You will create a username and password to access your account (“Account”). You are responsible for maintaining the privacy of your Account and for restricting access to your Account. You hereby accept all responsibility whatsoever for any and all activities that occur under your Account. You may not assign or transfer, in any manner, your Account to any other person or entity. You agree that Company is not responsible for third-party access to your Account that results from theft or misappropriation of your Account.
COURSE REGISTRATION AND FEES. You must be eighteen (18) years or older to register for the Course. The price of the Course is listed on the Website and is subject to change. The price at the time of your purchase will be listed on your invoice. You acknowledge that you may need to purchase additional materials for the Course that are not included in the Course fee. Additional expenses, such as equipment, research, and startup costs for the business, are not included in the Course fee. It is your responsibility to determine if you can afford these expenses prior to enrolling. You understand and agree that any such additional expenses do not constitute grounds for requesting a refund. Additionally, you understand that you are not entitled to any information, strategy, or products pertaining to new updates or new practices adopted by the Company after the Course release in February 2024.
CONFIDENTIALITY. You agree to maintain the confidentiality of any non-public information provided by the Company, including, but not limited to, Course materials, instructional methods, business strategies, marketing plans, proprietary technology, and other proprietary information (“Confidential Information”). The obligation to maintain confidentiality does not apply to information that: (i) Is or becomes publicly available through no fault of your own; (ii) Is already in your possession without obligation of confidentiality; (iii) Is obtained from a third party without obligation of confidentiality; (iv) Is independently developed by you without use of or reference to the Company’s Confidential Information; or (v) Is required to be disclosed by law, regulation, or a valid order by a court or other governmental authority, provided that you give the Company prompt written notice of such requirement prior to disclosure and cooperate with the Company in obtaining an appropriate protective order or other remedy at the Company’s expense. You agree not to disclose, reproduce, distribute, or use any Confidential Information except as necessary to participate in the Course or as expressly authorized by the Company in writing. A breach of this provision may cause irreparable harm to the Company, and the Company reserves the right to seek equitable relief.
INTELLECTUAL PROPERTY. Ownership or the right to use the content within the Course and on the Website is held by the Company unless specified otherwise. This includes, but is not limited to, the Course content, design, layout, visual style, graphics, and any other elements or materials provided by the Company. Unauthorized reproduction is strictly prohibited. Upon purchasing or accessing any Course materials, you are acknowledged as a licensee of the Course. All materials accessed remain the property of the Company, and you are granted a limited, revocable, non-transferable license for your sole use only to all Course materials while you remain an active user of the Course. This forbids the use of Course materials in any manner that violates the rights of the Company or without explicit authorization. The Company also owns the intellectual property rights to the content on the Website. You are granted a limited, revocable, non-transferable license to access and use the Website in accordance with these Terms. You may download and/or print Course materials for your use within your business. However, it is strictly forbidden to distribute, share, sell, reprint, or republish any Course materials or website content, whether for free or for monetary gain. A breach of this provision may cause irreparable harm, and the Company reserves the right to seek equitable relief.
COURSE COMMUNICATION SERVICES. The Course may include bulletin boards, chat areas, forums, communities, and other tools for communicating with other course participants (“Communication Services”). Use these Communication Services only for posting, sending, and receiving messages related to the Course. When using Communication Services, you agree not to: (i) Defame, abuse, harass, stalk, threaten, or violate the legal rights of others; (ii) Publish or distribute inappropriate, profane, defamatory, infringing, or obscene material; (iii) Upload files with software or material protected by intellectual property laws without permission; (iv) Upload files that contain viruses or corrupted files; (v) Advertise or offer to sell or buy goods or services, unless allowed by the Communication Service; (vi) Conduct surveys, contests, pyramid schemes, or chain letters; (vii) Download files posted by others that you know cannot be legally distributed; (viii) Falsify or delete any legal notices or labels of the source of uploaded material; (ix) Restrict or inhibit others from using and enjoying the Communication Services; or (x) Violate any applicable laws or regulations. The Company has no obligation to monitor Communication Services but may review and remove materials at its discretion. The Company may terminate your access to Communication Services at any time if you are in any violation of these Terms. The Company may disclose information to satisfy legal requirements or to protect the Company’s rights. Use caution when giving out personal information. The Company does not control or endorse the content in Communication Services and disclaims liability for any actions resulting from your participation. You are responsible for adhering to any limitations on usage or reproduction of materials uploaded to Communication Services.
LINKS TO THIRD PARTY SITES. The Website and the Course may contain links to other websites and references to third-party content, including suggested companies or services. The third-party content is not under the control of the Company, and the Company is not responsible for the contents of any third-party content. The Company is providing these references only as a convenience, and the inclusion of any reference does not imply endorsement by the Company of the third-party content, or any suggested company or service. Additionally, you understand that the Company may receive a commission if you choose to purchase any product or service through any referral links given in the Course or on the Website.
TERMINATION. The Company reserves the right to terminate your access to the Course at any time for any breach of these Terms. In the event of such termination, the Company may seek recovery of any associated damages resulting from your breach. The Company may also terminate your access to the Course at any time following your completion of the Course for any reason.
INDEMNIFICATION. You agree to indemnify, defend, and hold harmless the Company, its officers, shareholders, employees, directors, and agents for any losses, costs, liabilities, and expenses (including court costs and reasonable attorney’s fees) relating to or arising out of your breach of these Terms or your negligence. This indemnification is limited to the proportion of fault attributable to you and shall not apply in cases of the Company’s gross negligence or willful misconduct. This provision shall survive the termination of these Terms.
LIMITED MONEY-BACK GUARANTEE. If you do not make back the payment for the Course (defined as the amount paid for the Course itself, not including other expenses or materials you may have purchased in addition) through your gross revenue after twelve (12) months following your purchase of the Course, you may be eligible for a refund if you meet all criteria of this provision. To qualify for the money-back guarantee, you must meet all of the following criteria:
1. Course Completion: You must have completed all of the training provided in the Course.
2. Implementation of Strategies: You must follow ALL strategies and guidelines as taught by the Company in the Course.
3. Active Promotion: You must have been actively promoting your shop since the purchase of the Course. Promotion includes, but is not limited to, daily posts on social media platforms as well as ALL other promotion strategies taught in the Course.
4. Proof of Effort: You are required to show your social media platforms, funnel, emails, traffic generation methods used, as well as all other evidence reasonably requested by the Company to determine whether you followed ALL of the strategies, guidelines, and promotion efforts taught in the Course.
5. Window to Apply: You are eligible to apply for a refund within thirty (30) days after the twelve (12) months following your purchase of the Course. Applications for refunds submitted after this period will not be considered.
  
  The Company will evaluate whether you meet all the aforementioned criteria for the money-back guarantee based on the evidence provided.
WARRANTY DISCLAIMER. EXCEPT FOR THE EXPRESS MONEY-BACK GUARANTEE PROVIDED ABOVE, THE COMPANY MAKES NO GUARANTEES ABOUT THE WEBSITE OR THE COURSE. BOTH THE WEBSITE AND THE COURSE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE OR COURSE WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. THIS WARRANTY DISCLAIMER SHALL SURVIVE THE TERMINATION OF THESE TERMS.
LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE COMPANY'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE COURSE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE COMPANY FOR THE COURSE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST BUSINESS, OR LOST OPPORTUNITIES, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO USE OF THE WEBSITE, THE COURSE, OR OTHERWISE PROVIDED IN THESE TERMS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHER THEORY OF LIABILITY (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. THESE LIMITATIONS SHALL NOT APPLY IN CASES OF THE COMPANY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR WHERE PROHIBITED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THESE TERMS.
BINDING ARBITRATION. These Terms shall be governed by the laws of the State of Ohio, without regard to conflicts of law provisions. In the event of any controversy or claim arising out of or relating to these Terms, the parties shall consult and negotiate to reach a resolution. If a resolution is not reached, the parties HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL and agree that any dispute arising under or in connection with these Terms, and/or its breach, shall be submitted to and settled by final and binding arbitration in Ohio, in accordance with the Arbitration Rules of the American Arbitration Association (“AAA”). The arbitrator shall be selected by mutual agreement of the parties. If the parties fail to agree, the arbitrator shall be selected from a panel submitted by the AAA. The arbitration costs shall be borne by the losing party or as decided by the arbitrator. The arbitration decision shall be binding and conclusive, and judgment may be entered in any court of competent jurisdiction. YOU AGREE TO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. THIS MEANS THAT YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. This arbitration agreement does not apply to small claims brought individually or to the Company’s right to seek equitable relief per the terms of these Terms. This provision shall survive the termination of these Terms.
PRIVACY POLICY. Your use of the Website and participation in the Course are subject to the Company’s Privacy Policy. Please review the Company’s Privacy Policy, which governs the Website, the Course, and informs users of data collection practices.
SEVERABILITY. If any provisions of these Terms or any application of such provision to any party or circumstances, shall be determined by any court of competent jurisdiction to be invalid and unenforceable to any extent, the remainder of the Terms or the application of such provision to such person or circumstances, other than the application as to which such provision is determined to be invalid or unenforceable, shall not be affected thereby, and each provision shall be valid and shall be enforced to the fullest extent permitted by law.
ENTIRE AGREEMENT/CHANGE TO TERMS AND SERVICES. These Terms constitute the entire agreement between you and the Company with respect to the use of the Website and the Course. However, the Company reserves the explicit right, in its sole discretion, to change the Terms. The Company may communicate such changes by updating the Terms on the Website and emailing individuals enrolled in the Course at the time of the update. The most current version of the Terms will supersede all previous versions. Changes to the Terms will not affect any material Terms for individuals who are already enrolled in the Course and have not yet completed the Course prior to the update, unless they opt-in to the new Terms. The Company encourages you to periodically review the Terms to stay informed of any updates.

Company welcomes your questions or comments:

NINEMAGS LLC,
5195 Hampsted Village Center Way
Suite #219
New Albany, OH 43054

alesia@magnetsclub.com

Update on 6/12/2024