Magnolia Product Subscriptions Terms of Use

Updated: 2022-06-30 16:00:01 UTC

MAGNOLIA PRODUCT SUBSCRIPTION TERMS OF USE

Please read these Terms of Use (“Terms”) carefully before accessing or using this website (“Site”), www.magnolia.com, for Magnolia Market, LLC (“Magnolia,” “we,” “us,” “our”) or any service offered by Magnolia. 

1. Use of the Site
By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms.  If you do not agree to these Terms, do not access or use this Site.  Magnolia reserves the right to revise these Terms at any time.  Please read and review these Terms each time you use this Site.  Your use of this Site after the posting of changes will constitute your acceptance of the changes.  Agreeing to these Terms also constitutes your agreement to the Site’s Privacy Policy.

BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS.  IF YOU DO NOT AGREE WITH ALL OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE.  PRICE INFORMATION FOUND ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.  MAGNOLIA RESERVES THE RIGHT TO CHANGE THESE TERMS OF USE AT ANY TIME WITHOUT NOTICE.

We grant you a limited, personal, non-exclusive, non-transferable license to access and use this Site.  We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, discontinue or suspend any aspect of the Site and we will not be liable to you or any third party for doing so.  We also may impose limits on and rules for use of this Site or restrict your access to part, or all, of the Site without notice or penalty.  Your continued use of this Site constitutes your acceptance of any such changes. 

2. Registration and Passwords
In order to access certain services on the Site, you will be required to provide specific information.  All of the information provided must be correct and up to date.  Any access codes or passwords provided should be safeguarded at all times.  You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords.  We may suspend or terminate your access at any time with or without notice.  For additional information regarding the information collected, please read our Privacy Policy

3. Additional Terms and Conditions
By accessing this Site, you agree that additional terms and conditions may apply to orders, specific products or your use of certain portions of this Site, including with respect to ordering, shipping, return policies and review guidelines.

4. Fraud Protection
From time to time we may screen received orders for fraud or other types of illegal or unauthorized activity.  We reserve the right to refuse to process an order due to suspected fraud, illegal or unauthorized activity.  If we suspect fraudulent, illegal or unauthorized activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order.  We also reserve the right to cancel any accounts, subscriptions or refuse to ship to certain addresses due to suspected fraud, illegal or unauthorized activity.  We take these measures to protect our customers as well as ourselves from fraud or other illegal or unauthorized activity.

5. The Subscription Contract Between You and Us
Magnolia offers two subscription types: re-billable monthly subscriptions of one and every two months (“Monthly Subscriptions”); and re-billable quarterly subscriptions (“Quarterly Subscriptions”) of every three months.

MONTHLY SUBSCRIPTIONS
By purchasing a Monthly Subscription, you acknowledge that your subscription has an initial recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.  Your subscription will be automatically extended, billed and charged for successive monthly periods at the then-current subscription rate.  To opt out of and/or cancel your Monthly Subscription at any time, you must log on to your account and follow the online cancellation procedures.  Magnolia may submit periodic charges (e.g. monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method.  Such notice will not affect charges submitted before Magnolia reasonably could act. 

QUARTERLY SUBSCRIPTIONS
By purchasing a Quarterly Subscription, you acknowledge that your subscription has an initial recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.  Your subscription will be automatically extended, billed and charged for successive quarterly periods at the then-current subscription rate.  To opt out of and/or cancel your Quarterly Subscription at any time, you must log on to your account and follow the online cancellation procedures.  Magnolia may submit periodic charges (e.g. quarterly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method.  Such notice will not affect charges submitted before Magnolia reasonably could act. 

6. Product Information; Limitation on Quantities
Magnolia strives to ensure that the information on the Site is complete and reliable.  Certain information may include typographical errors, pricing errors and other errors or inaccuracies, which we may correct without liability.  We also reserve the right to limit quantities that have been purchased, to revise, suspend or terminate a subscription or promotion at any time without notice (including after a subscription order has been submitted or acknowledged).  We do not guarantee that all the products described on our Site will be available.

7. Cancellation Policy
To cancel your Monthly Subscription or Quarterly Subscription at any time, you must log-on to your account and follow the cancellation procedures.  If you cancel, you may use your subscription until the end of your then-current subscription term.     

8. Returns and Refunds
We are committed to providing quality products to our customers.  While we hope that you are always satisfied with your Magnolia purchase, we realize there are times that you may need to return a product.  If you need to return a product, please follow the steps on our returns portal screen to complete the process.

ALL SALES ARE FINAL.  REFUNDS WILL ONLY BE PROCESSED FOR SUBSCRIPTIONS THAT HAVE BEEN CANCELLED AT LEAST ONE (1) DAY BEFORE YOUR NEXT ORDER WITHIN THE SUBSCRIPTION TIMEFRAME BUT YOUR ACCOUNT WAS CHARGED IN ERROR. 

9. Damaged Products Policy
If you receive an item that is broken or damaged, please contact customer service as soon as possible so we can replace it for you.  In order to return your item, simply follow the steps on our returns portal screen to complete the process. 

10. Taxes
Your total price will include the price of the product plus any applicable fees and sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product.  We will charge tax only in states where the goods sold over the internet rate are taxable.

11. General Disclaimers
You assume all risk and responsibility with respect to your use of the Site.  THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.  SPECIFICALLY, BUT WITHOUT LIMITATION, MAGNOLIA DOES NOT WARRANT THAT: (1) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (2) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  

12. Disclaimer – No Professional Advice
Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only.  You should not take any action based upon any information contained on this Site.  Use of the Site is not meant to serve as a substitute for professional advice.  You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.  


13. Indemnification
You agree to indemnify, defend and hold harmless Magnolia, its affiliates and agents from any and all claims, costs, damages, expenses, of defense and liabilities, including attorney’s fees, in any way arising from or related to your use of this Site, your violation of these Terms or the Privacy Policy, or your violation of any law or the rights of a third party.  

14. Limitation of Liability
IN NO EVENT SHALL MAGNOLIA, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THIS SITE OR ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE.  IN NO EVENT SHALL THE TOTAL LIABILITY OF MAGNOLIA OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE SHALL EXCEED THE AMOUNT YOU PAID MAGNOLIA IN CONNECTION WITH YOUR SUBSCRIPTIONS, GIVING RISE TO SUCH LIABILITY.  You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. 

15. Risk of Loss
Any merchandise purchased from our Site will be shipped by a third-party carrier.  As a result, risk of loss and title for such merchandise will pass to you upon our delivery to the carrier

16. Severability
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable court decisions or applicable law.

17. International Use
We control and operate this Site from the United States.  We make no representation that materials on the Site are appropriate or available for use outside the United States.  If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.   

18. Force Majeure
We will not be liable to you for failing to perform our obligations under or arising out of these Terms or any applicable laws or regulations because of any event beyond our reasonable control.

19. Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of laws provisions.

20. Disputes
Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in McLennan County, Texas; provided, however, that to the extent that 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 or federal court in the State of Texas.  You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, jurisdiction and venue in the state and federal courts of Texas.  Arbitration under these Terms will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association.  The arbitrator’s award will be binding and final and may be entered into as a judgment in any court of competent jurisdiction.  To the full extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through a class action proceeding or otherwise.  By accessing this Site, you agree that regardless of any statute or law to the contrary, any cause of action or claim arising out of, related to or connected with the use of this Site or these Terms must be filled within one (1) year after such claim of action arose or be forever banned.  YOU AND MAGNOLIA AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, unless both you and Magnolia agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.  The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. 

21. California Residents
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.  Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700. Their website is located at: http://www.dca.ca.gov.

22. Contact Information
If you have any questions or concerns, you can contact us by emailing customer service.

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