Legal

TERMS OF USE

The effective date of this Agreement is September 9, 2009.

By accessing or using any features of the site, including the purchase of products and services on the site located at www.nanomagnetics.net (the "NML Site") and operated and managed by Nano Magnetics Limited ("NML" "we" or "us"), you agree to be bound by these terms of service (collectively, "Terms of Service"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS INTERNET SITE because all visitors to and users of any aspects of the NML Site (collectively, "Users") are bound by these Terms of Service. Your use of this Internet Site in any manner, including browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. We reserve the right to modify the Terms of Service at any time without prior notice to you. Therefore, we recommend that you read these terms of service carefully each time you use this Web site. Please note that the guidelines, policies and other terms and conditions of service and use of other Web sites affiliated with NML may vary from these Terms of Service. As a User of the NML Site you may, from time to time, post content and share it with other users, read content generated by other visitors to the NML Site and other affiliated sites, and view third party postings and reviews regarding products and services. If you wish to post content to, or participate in the NML Site other than simply by reading product information and content and reviews posted by others, you must register using the registration form available by clicking the "register" link near the top of any page on www.nanomagnetics.net/register. These Terms of Service set out the legally binding terms with respect to your use of the NML Site. Please read these Terms of Service carefully. Your access to and use of the NML Site constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, you should not access or use the NML Site.

Eligibility

The NML Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the NML Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on the NML Site. In the event we become aware you are under 18, we will terminate your registration.

Children’s Privacy

From time to time some of the content appearing on this Website or other NML-affiliated websites may be directed at children. NML urges all parents and guardians to monitor and supervise their children's use of this Website and the Internet in general. NML safeguards the use of personal information that may be submitted by children through this Website as governed by the NML Privacy Policy.

Changes to the NML Site

You agree and understand that the NML Site, including any and all features available via the NML Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the NML Site implemented after your initial access to the NML Site shall be subject to these Terms of Service. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials made available via the NML Site by any User (all such items provided by Users, collectively, "User Content"). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms of Service, including without limitation, by removing any User Content posted in violation of these Terms of Service, terminating the registration of such violators or blocking such violators' use of the NML Site.

Registration

In order to access some features of the NML Site, you may be required to register and to select a password and user name, which shall consist of an email address you provide and a screen name ("User ID"). If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Service, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our discretion.

Security

You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the NML Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.

Use of the Site/Services

You may use the NML Site solely for your personal, non-commercial use. For example, you may use the NML Site to solicit opinions, ideas and other input from, and share ideas and opinions with, other Users, and to search the NML Site for User Content and business or product information. You may also invite people you know to join the NML Site. You acknowledge and agree that we do not control the User Content posted to the NML Site, or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the NML Site, or (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the NML Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent our views. You understand that, by using the NML Site, you may be exposed to User Content that is offensive, indecent or objectionable.

IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.

Restrictions on Rights to Use

Without limiting the generality of any other provisions of these Terms of Service, you agree you shall not (and you agree not to allow any other individual or entity to):

download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the NML Site, except and to the extent expressly permitted under these Terms of Service;
remove any copyright, trademark or other proprietary rights notice contained in or on the NML Site;
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the NML Site;
collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;
reformat or frame any portion of any Web pages that are part of the NML Site;
create user accounts by automated means or under false or fraudulent pretences;
create or transmit to other Users unsolicited electronic communications, such as "spam," or otherwise interfere with other Users' enjoyment of the NML Site;
submit to the NML Site any content that falsely states or implies that such content is sponsored or endorsed by us;
transmit or upload to the NML Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the NML Site, any other Web site, or any computer or other device or system, or the enjoyment of the NML Site by any User;
use the NML Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
submit to the NML Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the NML Site to transfer or store illegal material, including any material deemed threatening or obscene;
copy or store any User Content offered on the NML Site other than for your personal, non-commercial use;
take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the NML Site or the IT infrastructure used to operate and make the NML Site available;
use the NML Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.

User Content Posted By You on the NML Site

Without limiting the generality of any other provisions of these Terms of Service, you agree:

You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party's prior written consent.
You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including User Content that, in our sole discretion, (i) violates these Terms of Service, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
You are solely responsible for any User Content you post, publish or display on the NML Site or transmit to Users. We reserve the right, but undertake no obligation, to monitor disputes between you and any other User, or any other entity or individual, in connection with the NML Site. You are solely responsible for the resolution of any disputes that arise between you and any other User or any other entity or individual.
You will post only User Content you believe in good faith to be true and accurate, and you will not post to the NML Site any User Content that is false, inaccurate, misleading or fraudulent.
By uploading User Content to the NML Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant, (i) NML, and our respective contractors and business partners, an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms of Service, all Users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User's personal, non-commercial use. You hereby irrevocably waive and assign to us any and all so-called moral rights or "droit moral" you may have in or with respect to any User Content you post to the NML Site.
The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the NML Site. You may not post any content that:
is patently offensive to users of the NML Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
promotes illegal activities or conduct that is abusive;
is threatening, obscene, defamatory or libellous;
is pornographic or sexually explicit in nature; or
seeks, or recommends providers of, material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.

NML Expressly Prohibits Any Unauthorized Third Party Linking to www.nanomagnetics.net, including links to the home page or any other page on www.nanomagnetics.net domain.

Copyrights

If you believe any User Content or any other aspect of the NML Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. ¤512) by providing the following information:

A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the NML Site;
Your address, telephone number and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

Our designated copyright agent for notice of claims of copyright infringement on the NML Site may be reached at the following address:

Or by email: customerservice@thenanodots.com

Counter-Notice

If you believe that your User Content that was removed (or to which access was disabled) 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 in your User 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 Ontario, Canada, 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, NML 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 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at NML's sole discretion.

Privacy

Use of the NML Site is also governed by our Privacy Policy which we encourage you to review.

Ownership

As between you and us, the NML Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the NML Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you. Nothing contained in these Terms of Service shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.

Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the NML Site are the proprietary property of NML or our respective licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the NML Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the NML Site without the express written permission of the trademark owner.

Nothing in these Terms of Service shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.

Disclaimer

YOU EXPRESSLY AGREE THAT YOUR USE OF THE NML SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE NML SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE NML SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE NML SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE NML SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE NML SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE NML SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE NML SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE NML SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE NML SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

NML reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your State or Province is restricted or prohibited. In the event of a pricing error on the NML Site, NML reserves the right to cancel any orders resulting from such pricing errors.

To properly serve all customers, NML reserves the right to limit quantities. In this case, only one (1) of this limited quantity items may be placed in your shopping cart. NML further reserves the right to cancel multiple orders of the limited quantity item purchased by the same User and/or shipped to the same delivery address.

NML may display advertising prints for products sold through a NML Site. NML attempts to display the colors of the products shown on the NML Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the monitor used by you.

Limitation on Liability

IN NO EVENT SHALL NML OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE NML SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE NML SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, NML' RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE NML SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE NML SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO FIFTY CANADIAN DOLLARS ($50.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Indemnity

You agree to indemnify and hold NML and their respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the NML Site, (ii) your use of the NML Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms of Service, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

Third Party Advertisements and Links to Third Party Sites

We may display on the NML Site advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE NML SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

Placing an Order

You may purchase merchandise from the NML Site by using any one of the payment options listed in Payment Options. NML reserves the right to change its payment procedures at any time without prior notice to you.

All prices are quoted in a currency selected by you and do not include some or any of the applicable fees, charges or taxes including but not limited to, sales taxes, home delivery charges, or fees for optional financing programs. NML charges sales tax for merchandise ordered on the NML Site based on the applicable state or provincial sales tax rate and the location to which the order is being shipped. You will be advised of all applicable charges before we ship your order. Once your order is submitted to us, we cannot change or cancel an order until your merchandise is received by you. All returns of merchandise are subject to NML return policy, available under Returns and Exchanges.

Online Shopping

In order to purchase through this Internet Site you must be the age of majority in your province/territory of residence and you must agree to pay for all charges noted on this Internet Site as payable by you. All prices listed on this Internet Site are in the currency of your choice and all charges will be processed in that currency. Furthermore, any product ordered or purchased from this Internet Site may only be ordered or purchased for non-commercial and lawful purposes and any other use is not permitted. NML reserves the right to limit the quantities of certain products which you can purchase through the facilities of this Internet Site. In addition to any other rights or remedies, NML may, in its sole discretion and without any limitation of liability, restrict or terminate your access to any part of this Internet Site at any time.

Errors, Inaccuracies or Omissions

NML makes every effort to ensure that the Content on this Internet Site is complete and current. However, NML does not guarantee that the information contained on this Internet Site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. NML reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, NML reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card or account has been charged. If your credit card or account has been charged for the purchase and your order is cancelled, NML shall promptly issue a credit to your credit card or account. If you are otherwise unsatisfied with your purchase, you may return it to NML. Please also see our Returns Policy.

Prices

Please note that all prices listed on this Internet Site are for online purchases only and may not be matched at any retail location where NML products are sold. Similarly all prices at any NML retail location may not be matched for online purchases on this Internet Site. Furthermore, NML charges sales tax for products ordered on this Internet Site based on the applicable combined federal and state or provincial sales tax rate of the location to which the order is being shipped.

Colours

Please note that although NML attempts to display the colours of the product shown on this Internet Site as accurately as possible, we cannot guarantee that the colour you see matches the product colour, as the display of colour depends, in part, upon the type of computer monitor used by you.

Delivery

At this time, NML ships merchandise to international locations. The risk of loss and title for all merchandise ordered on this Website pass to you when the merchandise is delivered to the shipping carrier. If shipping or delivery services are made available by NML, NML will endeavour to ship or deliver any ordered product as quickly as possible and within any time periods indicated. However, you acknowledge and agree that NML will not be held responsible for any delays in shipping or delivery. Where delivery is delayed, NML will notify you as soon as possible.

Changes to Terms of Service

We reserve the right to make changes at any time to these terms of Service. Any modifications to the Terms of Service will be effective upon posting. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the NML Site after any modifications indicates your acceptance of the modified Terms of Service.

Safety Notice

Before using any product, review the instructions carefully, and if any doubts or questions remain, consult local professionals or authorities. Because local codes and regulations vary greatly, you should always check with local authorities to ensure that your intended use complies with all applicable codes and regulations. Always read and observe all of the safety precautions provided, and follow all accepted safety procedures. What follows are reminders, although not an exhaustive list, of safety measures you should be aware of when using our NanodotsTM magnetic micro constructors. They are not substitutes for your own caution, care, good judgment and common sense.

General Safety Instructions:

Proper use

Although Nanodots are coated with several layers of metallic surface, they can still be damaged if excessive force is applied. Do not compress or exert excessive pressure on the magnets in order to prevent cracking or deformation. Avoid contact between the magnets and other hard metallic surfaces. Do not throw or snap together the magnets. Do not cut or grind the magnets as the magnetic material can ignite. To separate magnets, carefully slide them apart instead of attempting to pull them apart. Magnets can demagnetize other electronic products when placed in close proximity. Keep magnets away more than 15cm (6 inches) away from credit cards, software, or any other magnetic storage media. Do not drop the magnets. If dropped, make sure that no individual magnets have detached. Keep out of reach of children at all times.

Contact with body

If using our magnets for medical purposes and health benefits, please consult your doctor. People with pacemakers, insulin pumps and other medical implants or devices should consult their doctor before using or handling our magnets. Certain metal alloys can cause an allergic reaction from coming in contact with skin and especially internal organs. Never put magnets in your mouth and avoid contact with sensitive body parts.

WARNING! Magnets sticking together or becoming attached to a metallic object inside the human body can cause serious or fatal injury – seek immediate medical help if magnets are swallowed or inhaled. Our magnets should not be used by children below 6 years old to avoid risk of accidental swallowing or injury.

If any signs of irritation or allergic reaction appear from ordinary contact with the magnets, discontinue using the product. If symptoms continue, immediately contact a doctor or physician.

Proper storage

Nanodots magnets can be stored together without losing magnetic field intensity. If several magnets are being stored, they should be stored in attracting positions. Do not expose magnets to high temperatures - they may lose their magnetic properties in temperatures above 100°C (212°F).

Due to strong magnetic fields, Nanodots can attract metallic dust and debris, which may be difficult or impossible to remove. Store magnets in closed containers, so that they don't attract metal debris. Do not put magnets in places where metallic dust is apparent or may arise, such as workshops, garages, tool boxes, etc.

Proper disposal

Occasionally it may be necessary for you to dispose of magnets. Please observe the following so that you protect the environment, and do not violate local, state or federal laws. If the magnets are magnetized, and you have the means of thermally demagnetizing them (by taking the magnet to its curie temperature) in a safe environment, then you should try and do this. If such means are not available, make sure to use some type of shielding (galvanized steel sheets work great) to line the boxes or containers that will be used. This will prevent the magnets from sticking to the disposal containers.

Disputes and Governing Law

Any dispute relative to the NML Site or use or inability to use the NML Site will be governed by the laws of the province of Ontario and the laws of Canada, without regard to its conflict of law provisions. Any dispute relating in any way to your visit to or participation on the NML Site shall be submitted to confidential arbitration in Toronto, Ontario, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state, province or federal court in the province of Ontario and Canada, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Service shall be conducted under the rules then prevailing of the Ontario 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 these Terms of Service shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service, and you do not have any authority of any kind to bind NML in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail, or postings on the NML Site. These Terms of Service, which shall be deemed accepted by you upon your use of the NML Site, constitute the entire agreement among you and NML regarding use of the NML Site. NML's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service include and incorporate the Privacy Policy for the NML Site and any notices regarding the NML Site.

Contact and Violations

Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to customerservice@thenanodots.com.

Entire Agreement

These Terms and Conditions, together with the Privacy Policy and Returns Policy of this Internet Site, constitute the entire agreement between NML and you regarding the subject matter of this agreement, and supersede all prior or contemporaneous communications, whether electronic, oral or written between NML and you with respect to such subject matter. In the event of a conflict between these Terms and Conditions and the Privacy Policy or Returns Policy, these Terms and Conditions shall prevail.

PRIVACY POLICY

Our Commitment to Privacy

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.

The Information we Collect

This notice applies to all information collected or submitted on www.nanomagnetics.net website. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are:

Name
Address
Email address
Phone number
Payment Information

On some pages, you can submit information about other people. For example, if you order a gift online and want it sent directly to the recipient, you will need to submit the recipient's address. In this circumstance, the types of personal information collected are:

Name
Address
Phone Number

The Way We Use Information

We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order. We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order. We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties. You can register with our website to open an account or receive our newsletter. There is an easily identifiable link at the bottom of every newsletter that you can use to opt-out. The operation of our website requires the use of cookies. The data contained in these cookies does not contain any personal information. Cookies are removed at the end of your session. We use Google Analytics to better serve our customers. Google does not use or record your personal information in any way. Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above.

Our Commitment to Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. At no point do we store complete credit card information on our servers.

How You Can Access Or Correct Your Information

You can access and update all your personally identifiable information that we collect by accessing the "my account" portion of the NML website. To protect your privacy and security, we take reasonable steps to verify your identity before granting access or making corrections.

How to Contact Us

Should you have other questions or concerns about these privacy policies, please send us an email at customerservice@thenanodots.com

CALIFORNIA PRIVACY POLICY

Nano Magnetics Ltd. Web Site California Privacy Rights

If you are a California resident and NML customer you have the right to request information from NML regarding the manner in which NML shares certain categories of your personal information with third parties, for the third parties' direct marketing purposes. California law provides that you have the right to submit a request to NML at its designated address and receive the following information:

The categories of information NML disclosed to third parties for the third parties' direct marketing purposes during the preceding calendar year;
The names and addresses of third parties that received such information; and
If the nature of a third party's business cannot be reasonably determined from the third party's name, examples of the products or services marketed.

You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. NML's designated email address for such requests is customerservice@thenanodots.com.

USER SECURITY GUARANTEE

Your information is secure at www.nanomagnetics.net

Your personal/company information is safe.

We use the industry-standard encryption protocol known as Secure Socket Layer (SSL) to keep all of your order, billing, and shipping information secure.

Your account/information is secure.

When you enter the distributor section of the website, you are moving into the secure area of our site. You will notice that your page address (URL) will change from http to https. Should any unauthorized charges appear on your account as a result of using our website, you must notify us as soon as possible in accordance with its reporting rules and procedures.

STATEMENT OF LIMITED WARRANTY - GLOBAL

90-DAY LIMITED WARRANTY FOR NANODOTS MAGNETIC MICRO CONSTRUCTORS

This warranty policy extends ONLY to the Nanodots magnets, which may from time to time be sold in conjunction with supplementary items. The magnets are guaranteed for 90 days from date of purchase under normal and intended use and service against defective workmanship and material (dated sales receipt is required for proof of purchase). If our product fails to meet our limited warranty during the warranty period, we will, at our option, replace the product, or provide you with a replacement of comparable value.

This guarantee is void in cases of:

Damage by accident, neglect or unreasonable use
Failure to follow product instructions
Improper service or causes not arising out of defects in materials and workmanship

Postage - We do not refund postage for returns to Nano Magnetics.

However we will pay for postage of replacements/spare parts back to the consumer.

If you have a warranty claim or request, or any customer care questions, please contact us by email at customerservice@thenanodots.com or phone 1-888-629-6266.

The Company's Limited Warranty is described below, and the Company offers no other warranty.

Our Limited Warranty and Warranty Period

When we use the terms "we," "us" and "our," we are referring to the Company, and when we use the terms "you" and "your" we mean the original end-user customer. Our products are guaranteed to be free from defects in material and workmanship under normal and intended use for a period of 90 days from the date of your purchase.

Replacement/Credit

If our product fails to meet our limited warranty during the warranty period, we will, at our option, replace the product free of charge, or provide you with a replacement of comparable value.

What Our Limited Warranty Does Not Cover

We offer this limited warranty only when the product is used by the original end-user customer. We offer no other warranty. Additionally, while our warranty is excellent, there are other limits to it. We offer NO WARRANTY in cases of damage in transit, inadequate care, abuse, abnormal use, misuse, accidents, normal wear and tear, damage due to environmental or natural elements, failure to follow product instructions, heating the product to temperatures above 100°C (212°F), or improper storage or maintenance of the products.

Disclaimer of Other Warranties

THE EXPRESS WARRANTIES IN THE PRECEDING SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. However, to the extent applicable law does not permit disclaimers of certain implied warranties, such warranties are limited to the warranty period identified above. Some states and countries do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Limitation on Damages

IN NO EVENT SHALL WE BE LIABLE FOR INCIDENTAL, COMPENSATORY, PUNITIVE, CONSEQUENTIAL, INDIRECT, SPECIAL OR OTHER DAMAGES. OUR AGGREGATE LIABILITY WITH RESPECT TO DEFECTIVE PRODUCTS IS LIMITED TO THE MONIES PAID TO US FOR THE DEFECTIVE GOOD.

Limitations of Warranty

TO THE EXTENT ALLOWED BY LOCAL LAW, NEITHER NANO MAGNETICS NOR ITS THIRD PARTY SUPPLIERS MAKES ANY OTHER WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Some states and countries do not allow the exclusion or limitation of incidental, consequential or other damages, so the above limitation or exclusion may not apply to you.