Terms of Use

FAQ

Terms of Use

Privacy Policy

Welcome to the Magpie Site

Effective Date: October 12, 2017

These Terms of Use (“Terms”) are a legal contract between You and DGA, Inc.  (“Magpie”, “Us”, “Our”, or “We”; collectively with You, “Everyone”) and govern Your use of all the text, data, information, software, graphics, photographs and more (all of which We refer to as “Materials”) that We and Our affiliates may make available to You, as well as Our external applications (the “Apps”), all Our websites including http://discovermagpie.com (collectively with the App, the “Site”) and the services available through Our Site (collectively, the Site and the services available through it are the “Services”).  Our Services create technology and commercial relationships between third-party retailers, advertisers and other business associated with Magpie (“Merchants”), individuals and entities with websites, blogs, social media presence, agents or agencies, digital publishers and other content platforms (“Influencers”) and consumers to facilitate sales (“Sales”) of products and services (collectively, “Products”) and the promotion of Merchants.

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS SITE.  USING THIS SITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS.  YOU CANNOT USE THIS SITE IF YOU DO NOT ACCEPT THESE TERMS.

NOTE:  THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY.  YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

CHANGES.

We may alter the Materials and Services We offer You and/or choose to modify, suspend or discontinue this Site at any time and without notifying You.  We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time.  Because Everyone benefits from clarity, We promise to inform You of any modifications to these Terms by posting them on this Site and, if You have registered with Us, by describing the modifications to these Terms in an email that We will send to the address that You provided during registration.  To be sure We properly reach Your email inbox, We just ask that You let Us know if Your preferred email address changes at any time after Your registration.

If You object to any such modifications, Your sole recourse shall be to cease using this Site.  Continued use of this Site following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Site.  These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

GENERAL USE.

We invite You to use this Site for individual, consumer purposes (“Permitted Purposes”).  By using this Site, You represent, acknowledge and agree that You are at least 18 years of age, or if You are under 18 years of age but are at least 13 years old (a “Minor”), that You are using the Site with the consent of Your parent or legal guardian and that You have received Your parent’s or legal guardian’s permission to use the Site and agree to its Terms.  If You are a parent or legal guardian of a Minor, You hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Us if the Minor breaches any of these Terms.  If You are not at least 13 years old, You may not use the Site at any time or in any manner or submit any information to Us or the Site.

In these Terms we are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; Your right to use the Materials is conditioned on Your compliance with these Terms.  You have no other rights in this Site or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Site or Materials in any manner.  If You make copies of any of this Site while engaging in Permitted Purposes then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on this Site.

Unfortunately, if You breach any of these Terms the above license will terminate automatically and You must immediately destroy any downloaded or printed Materials (and any copies thereof).

PASSWORD RESTRICTED AREAS OF THIS SITE.

In order to access certain password-restricted areas of this Site, to make purchases using the Services or to edit account information, You must successfully register an account with Us.

If You want an account with Us, You must submit the following information:

  • A working email address;
  • First and last name;
  • Shipping information;
  • Payment information;
  • Preferred password.

You may also provide additional, optional information, so that We can provide You a more customized experience when using this Site.  To purchase Products through the Service, You must create or log into an account.  For so long as You use the account, You agree to provide true, accurate, current, and complete information which can be accomplished by logging into Your account and making relevant changes through the Site.  If You forget Your password, We will send a password update to Your provided email address.

You are responsible for complying with these Terms when You access this Site, whether directly or through any account that You may setup through or on this Site.  Because it is Your account, it is Your job to obtain and maintain all equipment and services needed for access to and use of This Site as well as paying related charges.  It is also Your responsibility to maintain the confidentiality of Your password(s), including any password of a third-party site that We may allow You to use to access this Site.  Should You believe Your password or security for This Site has been breached in any way, You must immediately notify Us.

If you register for a “beta account” or other pre-release version of the Site and/or the Services and Materials on the Site (“Beta Release”), you acknowledge and agree that the Beta Release may contain, in Our sole discretion, more or fewer features or different licensing terms than a subsequent commercial release version of the Site and/or Services that may be offered through the Site.  You acknowledge and agree that any “beta account” will automatically convert to a commercial release version account upon the launch date of the Site and its Services to the public (“Public Launch Date”).  While We generally intend to distribute commercial release versions of the Site and the Services and Materials on the Site, We reserve the right not to release later commercial release versions of any Beta Release.  Without limiting any disclaimer of warranty or other limitation stated herein, you agree that any Beta Release is not considered by Us to be suitable for commercial use, and that it may contain errors affecting its proper operation.  BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT USE OF A BETA RELEASE MAY EXHIBIT SPORADIC DISRUPTIONS THAT HAVE THE POTENTIAL TO DISRUPT YOUR USE OF THE SITE IN GENERAL AND ANY SERVICES THAT MAY BE OFFERED THROUGH THE SITE.  WE SPECIFICALLY DISCLAIM ALL DAMAGES RESULTING FROM YOUR USE OF ANY BETA RELEASE.

DESCRIPTION OF SERVICES.

The Services allow You to purchase Merchants’ Products within Influencers’ websites.  When You place an order on an Influencer’s website using the Services, We place the order on Your behalf through the applicable Merchant and the Merchant supplies the Product directly to You.  You are charged for the Order at the time of purchase.  After You place an order through the Services (an “Order”), We will generally place such Order with the Merchant within 24 hours.  If the Product is no longer available, We will send You an email and refund You for the Order or We may offer to continue to try to place the Order with the Merchant.  The selection of Products is subject to change and although We will aim to fulfill Your Order, We reserve the right to not fulfill Your Order and instead refund Your Order.  By placing an Order using the Services, You authorize Us to place the Order with the Merchant on Your behalf.  Once We place the Order with the Merchant, You will receive an email confirming Your Order.

The sale of the Products is subject to the Merchant’s terms and conditions, shipping policy, refund policy and cancelations policy.  If You have any changes to Your Order, please contact the Merchant directly.  All customer service inquiries regarding the Products should be made to the Merchant.  No Products may be returned to Us directly and all refunds must be processed by the Merchant.  If You return a Product from Your Order in accordance with the Merchant’s refund policy, We will provide You the amount the Merchant refunds within 15 days of receiving such refund from the Merchant.

We do not provide, own or control the Influencers’ websites, the Products that are available for purchase through the Service or the descriptions of the Products.  All images of Products are for illustrative purposes only and Products may vary from the pictures and/or Product descriptions.  The Merchants’ Products and Influencers’ websites are controlled, owned and provided by third parties.  The Merchants are solely responsible for the Products and the Influencers are solely responsible for their websites.  The Merchant’s and Influencer’s terms and privacy policies cover Your Order.  By agreeing to these Terms and/or purchasing Products through the Services, You agree to be bound by the Merchants’ and Influencers’ terms and conditions, as may be modified from time to time.  Interacting with Merchants and Influencers accessed through the Services is done at Your own risk and We has no responsibility if anything goes wrong with the Products or with the Influencers’ websites.  The listing of a Merchant or Influencer on the Services is neither implied nor explicit a recommendation or sponsorship of the Merchant or Influencer.

We do not guarantee the prices and availability of the Products listed through the Services. Prices and availability vary continuously and additional fees, charges, shipping and/or taxes may be applicable.  We provide an estimate of shipping charges and sales tax, but the final amounts may vary.  If any issues or disputes in relation to Your Order may occur You agree to direct and resolve the issues or disputes directly with the Merchants and not with Us.

Our order process allows You to check and amend any errors before submitting the Order.  Please take Your time to read and check Your Order at each page of the Order process; it is Your responsibility to ensure all information You supply is accurate and We are not responsible for any inaccurate information, including but not limited to an incorrect shipping address.

All Products will be delivered in accordance with the applicable Merchant terms for such Product and the delivery will be handed by a carrier.  We do not control the delivery time for any Product.  We are not liable for any delivery or shipping delays.  We are not liable for any delivery issues that may occur.  You should contact the carrier and/or the Merchant if any issues with the Product and/or delivery of the Product occur.

You agree to use the Services for your personal, non-commercial use. You may not use the Service for any false, fraudulent Orders or Orders for commercial gain. You agree not to use the Service for any purpose that is unlawful, illegal or forbidden under U.S. laws, by these Terms or by any local laws that may apply in Your location.

PAYMENTS.

You agree to pay all applicable fees related to Your use of this Site and Our Services.  We may suspend or terminate Your account and/or access to Our Services and this Site if Your payment is late and/or Your offered payment method (e.g., credit card) cannot be processed.  By providing a payment method, You expressly authorize Us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on Your particular utilized services.

Payment processing services are provided by Stripe and are subject to the then current Stripe Terms of Service (collectively, the “Stripe Terms”). By agreeing to these Terms and/or by purchasing Products through the Services, You agree to be bound by the Stripe Terms, as the same may be modified by Stripe from time to time.

We understand that You might cancel Your account, but please know that You will be responsible for paying any balance due on the account.  .  You agree that We may charge any unpaid fees to Your provided payment method and/or send You a bill for such unpaid fees.

ELECTRONIC COMMUNICATIONS.

By using the Site and/or the Services provided on or through the Site, You consent to receiving electronic communications from Us.  These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site.  These electronic communications are part of Your relationship with Us.  You agree that any notices, agreements, disclosures or other communications that We send You electronically will satisfy any legal communication requirements, including that such communications be in writing.

PRIVACY POLICY.

We respect the information that You provide to Us, and want to be sure You fully understand exactly how We use that information.  So, please review Our Privacy Policy (“Privacy Policy”) which explains everything.

LINKS TO THIRD-PARTY SITES.

We think links are convenient, and We sometimes provide links on his Site to third-party Sites and allow You to access third-party Sites through the Services.  If You use these links, You will leave this Site. We are not obligated to review any third-party Sites that You link to from this Site, We do not control any of the third-party Sites, and We are not responsible for any of the third-party Sites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party Sites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party Sites linked to from this Site, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party Sites.

UNAUTHORIZED ACTIVITIES.

To be clear, We authorize Your use of this Site only for Permitted Purposes.  Any other use of this Site beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Site.  This is because as between You and Us, all rights in this Site remain Our property.

Unauthorized use of this Site may result in violation of various United States and international copyright laws.  Unless You have written permission from Us stating otherwise, You are not authorized to use this Site in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):

  • For any public or commercial purpose which includes use of this Site on another site or through a networked computer environment;
  • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Site;
  • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
  • To stalk, harass, or harm another individual;
  • To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
  • To interfere with or disrupt this Site or servers or networks connected to this Site;
  • To use any data mining, robots, or similar data gathering or extraction methods in connection with this Site; or
  • Attempt to gain unauthorized access to any portion of this Site or any other accounts, computer systems, or networks connected to this Site, whether through hacking, password mining, or any other means.

You agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us.  You also agree to pay any damages that We may end up having to pay as a result of Your violation.  You alone are responsible for any violation of these Terms by You.  We reserve the right 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 Our defense of such claim.

PROPRIETARY RIGHTS.

“Magpie” is a trademark that belongs to Us.  Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all Materials, including the arrangement of them on this Site are Our sole property,  Copyright © DGA, Inc.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

DISCLAIMER OF WARRANTIES.

THE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES IS WITH YOU.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS SERVICES AND THE PRODUCTS, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SERVICES ARE FREE OF PROBLEMS.  Without limiting the generality of the foregoing, We make no warranty that the Services will meet Your requirements or that the Services will be uninterrupted, timely, secure, or error free or that defects in the Services will be corrected. We make no warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services. No advice or information, whether oral or written, obtained by You through the Services or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

LIMITATION OF LIABILITY.

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.  OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED THESE TERMS SHALL NOT BE MORE THAN $100.00.

LOCAL LAWS; EXPORT CONTROL.

We control and operate the Services from Our headquarters in the United States of America and the entirety of the Services may not be appropriate or available for use in other locations.  If You use the Services outside the United States of America, You are solely responsible for following applicable local laws.

FEEDBACK.

Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary.  Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in our sole discretion.  Notwithstanding the foregoing, you understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

Please Read This Provision Carefully.  It Affects Your Legal Rights.

This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us.  Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding.

This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of These Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury.  To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited.  The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).  You may, however, opt-out of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by emailing to Us at legal@discovermagpie.com the following information: (1)Your name, (2) Your address, (3) A written description of Your Claim, and (4) A description of the specific relief You seek. If We do not resolve the Dispute within 45 days after receiving Your notification, than You may pursue Your Dispute in arbitration.  You may pursue Your dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, Your or We may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”).  You may opt-out of this Provision by emailing Us at legal@discovermagpie.com the following information: (1) Your name; (2) Your address; (3) A clear statement that You do not wish to resolve disputes with Us through arbitration. Either way, We will not take any decision You make personally.  In fact, We promise that Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Us.  But, We do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings.  The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator.  The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.  In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply.  The AAA rules are available at www.adr.org or by calling 1-800-778-7879.  For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply.  The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.  This Provision governs in the event it conflicts with the applicable arbitration rules.  Under no circumstances will class action or representative procedures or rules apply to the arbitration.

Because this Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes.  However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding.  The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – You or We may initiate arbitration in either Boston, Massachusetts or the federal judicial district that includes Your billing address.

Payment of Arbitration Fees and Costs – So long as You place a request in writing prior to commencement of the arbitration, We will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator’s hearing fees, costs and expenses upon Your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration.  But, You will still be responsible for all additional fees and costs that You incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses.  In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with Us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both You and We specifically agree to do so in writing following initiation of the arbitration.  If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You.  Neither You, nor any other user of this Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver

You understand and agree that by accepting this Provision in these Terms, You and We are each waiving the right to a jury trial or a trial before a judge in a public court.  In the absence of this Provision, You and We might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions).  Except as otherwise provided below, those rights are waived.  Other rights that You would have if You went to court (e.g.,, the rights to both appeal and  certain types of discovery) may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect.  If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

Continuation

This Provision shall survive the termination of Your account with Us or Our affiliates and Your discontinued use of this Site.  Notwithstanding any provision in this Agreement to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), You may reject any such change and require Us to adhere to the present language in this Provision if a dispute between Us arises.

LANGUAGE.

The Parties hereto have expressly required that this agreement and all documents and notices relating thereto be drafted in the English language.

GENERAL.

Certain violations of these Terms, as determined by Us, may require immediate termination of Your access to this Site without prior notice to You.  The Federal Arbitration Act, Massachusetts state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms.  Foreign laws do not apply.  Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Site will be heard in the courts located in Suffolk County, Massachusetts.  If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  By choosing not to enforce any of these Terms, We are not waiving Our rights.  These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about this Site.  The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

CALIFORNIA CONSUMER NOTICE.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and Service are provided by Magpie, 125 Western Ave Boston, MA 02163.  If You have a question or complaint regarding the Site or Service, please contact Customer Service by email at legal@discovermagpie.com.  You may also contact Us by writing Magpie, 125 Western Ave Boston, MA 02163. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

CONTACT US.

If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us by mail at Magpie Operations Department, 125 Western Ave Boston, MA 02163 or by email at legal@discovermagpie.com.