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1. Web site and services The Web site provides a source for information about the products and services provided by Magnolia Audio Video and Magnolia Home Theater in Best Buy. As part of the Web site experience, certain services may be provided from time to time for use by visitors to the Web site.
2. Proprietary rights and use of Web site content.
2.1 All content included on or comprising the Magnolia Web site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content"), is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and Magnolia owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You acknowledge that the Web site is protected by copyright, trademark or other proprietary rights of Magnolia or third parties. You agree to comply with any additional copyright notices, information or restrictions contained in any Content available on or accessed through the Web site. The Content is intended for the personal, noncommercial use of the users of the Web site.
2.2 The logos and other trademarks on the Web site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Magnolia and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
2.4 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of Magnolia or the owners of such Content or their authorized persons, if other than Magnolia. You may upload to or download from the Web site any Content in the public domain for your own personal use or for noncommercial redistribution. You assume all risk and responsibility for determining whether any Content is in the public domain, regardless of any notices that may be posted on such Content.
2.5 You grant to Magnolia the right to edit, copy, publish, distribute, translate and otherwise use any material that you place on the Web site in perpetuity, in any medium, in which case such material may become Content of the Web site. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
3. Submission policy
By submitting comments, you agree that all feedback, ideas, suggestions or other communications ("Comments") provided is non-confidential and shall be and remain the exclusive property of Magnolia. By submitting the Comments, you are assigning to Magnolia all worldwide rights, titles and interests in all copyrights or other intellectual property rights you may have in the Comments. You grant Magnolia an irrevocable and unrestricted license to use, display, reproduce, publish, modify, create derivative works from, and distribute such Comments without limitation and without obligation to compensate you in any way. For this reason, do not send us any comments that you do not wish to assign to us, including confidential information, creative materials, product ideas or original artwork.
4. No endorsement; third-party Web sites.
4.1 Magnolia does not represent or endorse the accuracy or reliability of any material or Content displayed, uploaded, or distributed through the Web site by any user, information provider or any other third party. You acknowledge that any reliance upon such material or Content shall be at your sole risk.
5. Use of Web site; security.
5.1 The Magnolia Web site may only be used for lawful purposes. Activities including, but not limited to, tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Web site are prohibited.
5.2 Users are prohibited from violating or attempting to violate the security of the Magnolia Web site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using the Web site for unintended purposes or trying to change the behavior of the Web site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (e) sending unsolicited e-mail, including promotions and/or advertising of products or services; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (g) forging communications on behalf of the Web site (impersonating magnoliaav.com or magnoliaht.com) or to the Web site (impersonating as a legitimate user). Violations of system or network security may result in civil or criminal liability.
5.3 You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Magnolia Web site or any activity being conducted on the Web site. You further agree not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Magnolia Web site other than the search engine and search agents provided by Magnolia or generally publicly available browsers.
6. Indemnity. You hereby agree to indemnify, defend and hold Magnolia, and all officers, directors, employees, owners, agents, information providers, affiliates and licensors (collectively, the "Indemnified Parties") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with any claim arising out of any misuse or alleged misuse of the Web site by you. Magnolia reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Magnolia's defense of such claim.
7. Termination of Web site use.
7.1 Magnolia reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Web site at any time for any reason without prior notice or liability.
7.2 Magnolia may change, suspend or discontinue all or any aspect of the Web site at any time, including the availability of any Web site feature or content, without prior notice or liability.
8. Disclaimer of warranties; Limitation of liability.
8.1 NEITHER MAGNOLIA, NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS AND AFFILIATES, WARRANTS THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES MAGNOLIA, OR ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS AND AFFILIATES, MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEB SITE OR THE CONTENT. THE WEB SITE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF MAGNOLIA, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS AND AFFILIATES MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SITE OR ANY CONTENT. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEB SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2 NEITHER MAGNOLIA, NOR ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AFFILIATES OR SUBSIDIARIES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE OR CONTENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF MAGNOLIA, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS AND AFFILIATES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Third-Party rights. The provisions of paragraphs 2, 3, 6, 8 and 9 are for the benefit of Magnolia, Third Party Content providers and their respective employees, affiliates, subsidiaries, agents and contractors; and each such party will have the right to enforce such provisions directly on its own behalf.
11. Owner and Operator of the Magnolia Web site Magnolia Hi-Fi, Inc. is the owner and operator of the Magnolia Web site. The Magnolia Web site address is www.magnoliaav.com or www.magnoliaht.com. The mailing address for Magnolia is 7601 Penn Avenue South, Richfield, MN 55423
12. Pricing Policy. 15 Day Price Protection Policy: If you find a lower price on any item, new and in stock, at a local authorized dealer within 15 days of purchase—we’ll match their price. Price protection does not apply to special order, bonus, free, or financing offers, open box, clearance or closeout products. See a Magnolia System Designer for our full price protection policy.
Magnolia Low Price Guarantee
Online or In Store: Find a Lower Price and We’ll Match It
If you find a lower price on a qualifying product at a local retail competitor’s store or a designated major online retailer, we will match the price.
At the time of purchase, we will match the current pre-tax price for new, identical, immediately available products from a local retail competitor's store and these designated major online retailers: Amazon.com, Apple.com, Buy.com, Crutchfield.com, Frys.com, hhgregg.com, Newegg.com, Sears.com, Staples.com, Target.com, TigerDirect.com and Walmart.com. We will match prices between our stores and BestBuy.com ®. We will also match prices post purchase if we lower our price within 15 days of your purchase.
The Guarantee is limited to one price match per identical item, per guest and does not apply to: Contract mobile phone devices and plans, the online prices of retailers not listed, the online prices of third party vendors (Marketplace vendors) on designated major online retailers websites, post purchase price match requests to competitor’s prices,
Best Buy for Business™, offers that include financing, gift card offers, bundling of items, free items, pricing errors, mail-in offers, coupon offers, competitors' service prices, items that are advertised as limited-quantity, out of stock, open-box, clearance, refurbished/used items, our and our competitor’s Deal of the Day, daily deals, special hour sale event items and credit card offers, BestBuy.com Clearance & More and Marketplace items, and items for sale Thanksgiving Day through the Monday after Thanksgiving.