PRIVACY POLICY

As part of the normal operation of this Site, MAGNUM receives names, e-mail addresses or other personal or business information submitted by Users. This information is not gathered by MAGNUM without the knowing, active permission and participation of User. In addition, in order to safeguard the Site as well as you're the User, MAGNUM tracks the IP addresses of Users. Some of this information may be disclosed to third parties or used by MAGNUM or third parties. MAGNUM will not intentionally release this information to third parties unless we believe release is appropriate to comply with law' to enforce or apply this Agreement or other agreements' or to protect the rights, property, or safety of MAGNUM, our Users, or others. Any information sent to MAGNUM through or as a result of this Site is provided without restriction or obligation on MAGNUM. MAGNUM assumes no obligation to protect such information from disclosure. MAGNUM may use this information and any ideas, concepts, know-how or techniques contained in the information that User sends us for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services incorporating such information. However, MAGNUM has no intention to release such information to any third-party for commercial purposes and will undertake to protect such information from unintentional disclosure.

YOUR ACCOUNT, PASSWORD AND SECURITY

If you use this Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, account or password, and you agree to accept responsibility for all activities that occur under your account or password. MAGNUM reserves the right to refuse service or terminate accounts at its sole discretion. You agree to immediately notify MAGNUM of an unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. MAGNUM is not liable for any loss or damage arising from User's failure to comply with this section or any other provision of this Agreement.

RELATIONSHIP OF THE PARIES

MAGNUM and User are independent contractors. Nothing in this Agreement shall be construed to create any agency, partnership, joint venture, employer employee or franchisor-franchisee relationship unless explicitly agreed to in writing by MAGNUM.

CHANGES OR MODIFICATIONS

MAGNUM reserves the right, at its sole discretion, to change, modify, add, remove or amend the existing terms and conditions of the Agreement in whole or in part at any time. Any such changes or amendments shall be effective immediately upon being posted on the Site. The continued usage by User of the Site will be deemed User's express agreement to the amended or changed terms and conditions. MAGNUM may, but shall have no obligation to, add new functions or features to the Site or make new services available to User. MAGNUM may terminate, change, suspend or discontinue any aspect of the Site, including the availability of or any features of the Site, at any time.

TERMINATION

MAGNUM may, in its sole discretion, terminate this Agreement at any time or upon a breach of this Agreement by User. Upon such termination, User shall immediately destroy any materials obtained from this Site and all copies thereof, whether made pursuant to the terms of this Agreement or otherwise.

CONFIDENTIALITY

User shall keep in confidence and shall not disclose to any third parties any non-public information that may be disclosed to User in connection with the use of the Site under this Agreement or otherwise. User shall not use the name of Magnum or in any publicity release, advertising or otherwise without the prior written approval of MAGNUM. This provision shall survive the termination of this Agreement.

INDEMNITY

User agrees that it will indemnify, defend and hold harmless MAGNUM, from and against any and all liabilities, damages, losses, costs, and expenses, including reasonable attorney fees, arising out of, resulting from or in any way related to use by User of the Site or User's breach of this Agreement.

MISCELLANEOUS

Entirety of Agreement. This Agreement represents the entire understanding of the parties and cannot be amended except in writing signed by both parties. All prior discussions, understandings, negotiations, or agreements are merged herein. All prior oral or written agreements between the parties are hereby cancelled. Assignment. This Agreement may not be assigned by User without first obtaining the written approval of MAGNUM.

Choice of Law and Venue. The laws of the state of North Dakota will govern the interpretation, validity and effect of this Agreement as such laws are applied to agreements entered into and to be performed entirely within the State of North Dakota. Unless otherwise agreed to in writing by MAGNUM, User agrees that any legal action resulting from a dispute over this Agreement shall be heard before the Court of Common pleas, Cass County, North Dakota, or, if applicable, the United States District Court in North Dakota. In the event MAGNUM is the prevailing party in any such litigation it shall be entitled to recover its reasonable costs, including attorney fees, incurred in such litigation. Divisibility. If any provision of this Agreement is held by any court or arbitrator to be null and void or unenforceable for any reason, such determination shall not effect the remaining portions of this Agreement, which shall remain in full force and effect in accordance with its terms and conditions. No Waiver. Any Waiver of any provision, term or condition of this Agreement shall not be construed or deemed to be a waiver of any other such provision, term or condition of this Agreement, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver is expressed in writing by MAGNUM.

Survival of Covenants. The covenants and agreements contained in this Agreement are and shall be binding on, and shall inure to the benefit of, the parties hereto and their officers, directors, shareholders, employees, successors and assigns. Further, all obligations arising prior to the termination or expiration of the Agreement allocating responsibility or liability between MAGNUM and User shall survive the termination or expiration of this Agreement. Headings. The Paragraph headings set forth herein are for reference only and not to be considered a part of or a term or condition of this Agreement.

THE FOLLOWING QUESTION MUST BE COMPLETED BY THE USER. BY CLICKING ON THE "ACCEPTANCE" BUTTON BELOW USER INDICATES THE AGREEMENT HAS BEEN READ, USER UNDERSTANDS THE TERMS OF THE AGREMENT AND ACCEPTS THE TERMS OF THE AGREEMENT.

Magnum Companies - 3000 7th Ave. North - Fargo, ND 58102    -    888-726-1759

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