TERMS OF USE AGREEMENT

Welcome to the TherionMagnetics.com Web site (the "Site"). We want each visitor (you) to the Site to have an enjoyable visit. Please review the following terms and conditions carefully. If you do not agree to these terms, you should not enter or use this site. The terms "you", "your", and "yours" refer to anyone accessing, viewing, browsing, visiting or using the Site. The terms "TherionMagnetics.com", "we", "us", and "our" refer to Therion Inc., the owner of the Web site, its affiliates and subsidiaries,.

ACCEPTANCE OF AGREEMENT.

By accessing or using our Site, You agree to comply with and be bound by the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. We reserve the right to make changes to this Agreement, and/or the Site at any time, as we see fit and without specific notice to you. As such, you should review the Site and these Terms and Conditions periodically for any changes.

PRIVACY AND SECURITY.

Please review our Privacy Policy, which also governs your visit to the Site. To the extent there is a conflict between the terms of the Privacy Policy and the Terms and Conditions, the Terms and Conditions shall govern.

ACCOUNT INFORMATION.

If you use the Site, you are responsible for maintaining the confidentiality of the password and information you submit through “My Account”. You agree to accept full responsibility for all activities that occur under “My Account” or your password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the “My Account” area of the Site. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

YOUR CONDUCT.

You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law.

If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat, online bulletin board or online review), we may (without any obligation) investigate the allegation and determine in our sole discretion whether to remove or have removed such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of Therion Inc., its Associates, users and customers.

We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any rights of TherionMagnetics.com, or any third party. Notwithstandingthe foregoing, neither TherionMagnetics.com nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither TherionMagnetics.com, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.

COPYRIGHT.

You acknowledge that all Site design and the arrangement thereof, text, information, data, software, photographs, graphics, videos, typefaces, magnetic translation, digital conversion, music, sounds, and other material (collectively "Content") are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part.

Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing an order with TherionMagnetics.com or using this Web site as a shopping resource. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.

You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

TRADEMARKS.

TherionMagnetics.com; Therion; TherionResearch.com; Advanced Biomagnetics; TheraPetic; Magnetic Thermal Reactive; Magnetic Thermal Regulation; MTR; Therion Platinum; Maximum Field Integration; MFI; Therion Balance; Therion Sport; X-Power; Natural Pain Relief You Can Trust; BioMagnetics, Natures Therapy for Wellness; BioMagnetics, Natures Therapy for Pain Relief; and all logos, page headers, custom graphics and button icons are trademarks, service marks, and/or trade dress of Therion Inc. Therion Inc. trademarks and trade dress may not be used in connection with any product or service that is not Therion’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Therion Inc. Other product and company names mentioned on the Site may be trademarks of those parties.

RESTRICTIONS AND PROHIBITIONS ON USE.

Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism....

SITE ACCESS.

You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TherionMagnetics.com or its Affiliates without our express, prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, prior written consent.

SITE CONTENT.

You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.

EXTERNAL LINKS.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to this website from another website or document without [business name]’s prior written consent.

Further, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site from third parties not associated with us. We encourage discretion when browsing the Internet using our or anyone else's service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

SUBMISSIONS.

We are pleased to hear from our customers and welcome your comments regarding our products, including the Site. We request that you be specific in your comments on our services and products. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Site or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein.

DISCLAIMERS AND LIMITATIONS OF LIABILITY.

You expressly agree that use of the Site is at your sole risk. Neither Therion Inc., nor our affiliates, nor any of our officers, directors, or employees, agents, third-party content providers ("providers"), merchants ("merchants"), sponsors ("sponsors"), licensors ("licensors"), or the like (collectively, "associates"), warrant that the site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the site, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the site.

The site is provided on an "as is," "as available" basis and we specifically disclaim warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by us nor our affiliates, nor any of our officers, directors, employees, agents, providers, merchants, sponsors, licensors, or the like, shall create a warranty.

Under no circumstances shall Therion Inc. or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Therion Inc. records, programs or services.

All information contained on the Site, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals or any information contained on or in any product packaging or labels. No guarantee of effectiveness is made, as individual results may vary. We cannot be held responsible for typographical errors or product design changes.
All material and information presented by TherionMagnetics.com is intended to be used for educational purposes only. You should carefully read all information provided before using any product purchased on the Site. Magnetic therapy products are not sold as medical devices in the United States. The statements made about products have not been evaluated by the Food and Drug Administration (U.S.). They are not intended to diagnose, treat, cure or prevent any condition or disease. We recommend that you obtain a proper diagnosis from your physician or a licensed health care practitioner.

DO NOT MAGNETIC THERAPY UNDER THE FOLLOWING CIRCUMSTANCES

• If you have a pacemaker, defibrillator, insulin pump, or other implanted electro-medical device
• If you are pregnant
• Over open or bleeding wounds
• Near transdermal drug patches
• Over an area of the body that just received a cortisone injection. Magnetic therapy and cortisone are antagonistic so they work against each other. Wait 2-3 weeks before using magnets over that area.

GENERAL PRECAUTIONS WHEN HANDLING MAGNETS

Magnets are very brittle and can break if dropped in a hard surface. Be extremely careful when handling neodymium magnets. They are very powerful and if placed too close to each other will jump and attach together with a lot of force. This can pinch or bruise your finger, and/or break the magnet(s). Do not allow children to play with magnets as they are a choking hazard.

Use caution when working with sharp or potentially dangerous items. Examples:

• Scissors, knives, screwdrivers
• Hot cookware, ovens, and stove tops
• Power tools and other machinery

Keep magnets away from magnetically-sensitive items. Examples:

• Credit cards
• Wrist watches
• iPods and MP3 players
• Audio/Video tapes
• Computer hard drives
• Monitors and TV screens

APPLICABLE LAW.

We control the Site from our offices within the United States of America. We make no representation that the Content in the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

By accessing the Site you agree that any claims of any sort that might arise between you and Therion Inc. and/or its Associates shall be governed by the laws of the state of New York, without regard to principles of conflict of laws.

DISPUTES

If you access the Site from within the United States, any dispute relating in any way to your visit to the Site, to these Terms and Conditions, to our Privacy and Security Policy, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to confidential arbitration in Suffolk County, New York, USA, except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of Therion Inc., Therion Inc. may seek injunctive or other appropriate relief in any state or federal court in the State of New York, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

TERMINATION OF USAGE.

We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion. You agree that any termination of your access to the Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

SITE POLICIES, MODIFICATION AND SEVERABILITY.

Please review our other policies, such as our Privacy and Security Policy, Returns Policy, Shipping Policy and others, all of which are incorporated herein by this reference and are posted on the Site and may be accessed by using the Search Help function on this page. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions 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.

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

GENERAL INFORMATION.

These Terms of Use constitute the entire agreement between us (you and us) and govern the use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.