Real Magic Design website Terms and Conditions
Terms and Conditions of Use and Disclaimer
Agreement between user and www.RealMagicDesign.com
Welcome to www.RealMagicDesign.com. The www.RealMagicDesign.com website (the”Site”) is comprised of various web pages operated by Real Magic Design, LLC www.RealMagicDesign.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herin (the “Terms”). Your use of www.RealMagicDesign.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Compensation and Affiliation Affidavit
www.RealMagicDesign.com is an e commerce site. www.RealMagicDesign.comsells the Authors and owners of Real Magic Design, LLC books and associated products through Amazon.com, www.BilbosAdventures.com and CafePress.com and receives compensation for the sale of affiliated products displayed on www.RealMagicDesign.com through ClickBank.
As per mandates from FEDERAL TRADE COMMISSION, 16 CFR Part 255 – Guides Concerning the Use of Endorsements and Testimonials in Advertising, the purpose of this document is to establish any compensatory affiliation with www.RealMagicDesign.com.
www.RealMagicDesign.com is affiliated with Excessa/NutriChecker as a Marketing Affiliate and receives compensation for sales of Excessa/NutriChecker generated through its personal promotions and therefore has an established connection with Excessa/NutriChecker that might lead some readers to believe that the www.RealMagicDesign.com review of Excessa/NutriChecker is biased. However, the review and comments on this page are to the best of its knowledge the true statements and beliefs of www.RealMagicDesign.com and any claims made can be substantiated on request.
www.RealMagicDesign.com did not receive compensation in the form of free promotional products or cash or cash equivalent for the purposes of reviewing Excessa/NutriChecker.
Visiting www.RealMagicDesign.com or sending email to Real Magic Design, LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosres and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Real Magic Design, LLC does not knowingly collect, either online or offline, personal information from person under the age of thirteen. If you are under 18, you may use www.RealMagicDesign.com only with permission of a parent or guardian.
You may cancel your subscription at any time. Any cancellations made after 50 days of service will not qualify for a refund. Please contact us at firstname.lastname@example.org with any questions. When you purchase through Amazon, or Click Bank please contact them directly to process your request.
Links to third party sites/Third party services
www.RealMagicDesign.com contains links to other websites (“Linked Sites”)/ The Linked Sites are not under the control of Real Magic Design, LLC and Real Magic Design, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Sited. Real Magic Design, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Real Magic Design, LLC of the site or any association with its operators.
Certain services made available via www.RealMagicDesign.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.RealMagicDesign.com domain, you hereby acknowledge and consent that Real Magic Design, LLC may share such information and data with any third party with whom Real Magic Design, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.RealMagicDesign.com users and customers.
No Unlawful or prohibited use/Intellectual Property
This website and its content is the copyright of Real Magic Design – © Real Magic Design and Cheri and Peter John Lucking 2012. All rights reserved.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Real Magic Design, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Real Magic Design, LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Real Magic Design, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Real Magic Design, LLC or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communications Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonable should know, cannot be legally distributed in such manner; falsify or deleted any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others , including e-mail addresses, without their consent; violate any applicable laws or regulations.
Real Magic Design, LLC has no obligation to monitor the Communication Services. However, Real Magic Design, LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole di9screation. Real Magic Design, LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Real Magic Design, LLC reserves the right at all time to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Real Magic Design, LLC’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Real Magic Design, LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Real Magic Design, LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Real Magic Design, LLC spokespersons, and their views do not necessarily reflect those of Real Magic Design, LLC.
Materials provided to www.RealMagicDesign.com or posted on any Real Magic Design, LLC web page
Real Magic Design, LLC does not claim ownership of the materials you provide to www.RealMagicDesign.com (including feedback and suggestions) or post, upload, input or submit to any Real Magic Design, LLC Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Real Magic Design, LLC, our affiliated companies and necessary sub licensees permission to sue your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. www.RealMagicDesign.com and or Real Magic Design, LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Real Magic Design, LLC’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Thirty Party Accounts
You will be able to connect your Real Magic Design, LLC account to third party accounts. By connecting your Real Magic Design, LLC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Real Magic Design, LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Real Magic Design, LLC Content accessed through www.RealMagicDesign.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Real Magic Design, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any applicable laws, rules or regulations. Real Magic Design, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Real Magic Design, LLC in asserting any available defenses.
Any and all information contained on www.RealMagicDesign.com or any www.RealMagicDesign.com related sites, articles or materials are not intended to take the place of medical advice from a health care professional. Any action taken based on the contents found in www.RealMagicDesign.com or any www.RealMagicDesign.com related sites, articles, materials, products or information is to be used at the sole discretion and sole liability of the person or persons visiting www.RealMagicDesign.com.
Readers of any information found on www.RealMagicDesign.com should always consult appropriate health professionals on any matter relating to their health and well being before taking any action of any kind concerning health related issues. Any information or opinions provided here or in any www.RealMagicDesign.com related articles, materials or information are believed to be accurate and sound, however www.RealMagicDesign.com assumes no liability for the use or misuse of information found on www.RealMagicDesign.com.
Neither any personnel or associates of www.RealMagicDesign.com or Real Magic Design, LLC will in any way be held responsible on behalf of any reader who fails to consult the appropriate health authorities with respect to their individual health care before acting on or using any information or products found on www.RealMagicDesign.com, and neither the author or publisher of any information found on www.RealMagicDesign.com will be held responsible for errors or omissions, or use or misuse of the information or products found on www.RealMagicDesign.com.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGTES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. REAL MAGIC DESIGN, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
REAL MAGIC DESIGN, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATION ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMAITON, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. REAL MAGIC DESIGN, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PREODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITINS OF MERCHANT ABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BVY APPLICABLE LAW, IN NO EVENT SHALL REAL MAGIC DESIGN, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, IWTHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF PERFORMANCE OF THE SITE, WITH THE DEELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMAITON, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHERE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICKT LIABILITY OR OTHERWISE,E VEN IF REAL MAGIC DESIGN, LLC OR ANY OF TIS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMES OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Real Magic Design, LLC reserves the right, in its sole discretion o terminate your access to the Site and the related services or any portion thereof at any time, without notice. to the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unautho9rized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Real Magic Design, LLC as a result of this agreement or use of the Site. Real Magic Design, LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Real Magic Design, LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Real Magic Design, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Real Magic Design, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between he user and Real Magic Design, LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extents and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Real Magic Design, LLC reserves the right, in its sole discretion, to change the Terms under which www.RealMagicDesign.com is offered. The most current version of the Terms will supersede al previous versions. Real Magic Design, LLC encourages you to periodically review the Terms to stay informed of our updates.
Real Magic Design, LLC welcomes your questions or comments regarding the Terms:
Real Magic Design, LLC
4839 South Billings Court
Aurora, CO 80015
Effective May 18, 2012