Your Magic Minute Program Terms
This Acceptance of Terms and Conditions (the “Agreement“) for participation in Your Magic Minute Program, and all related courses, materials, websites and associated programs (collectively referred to as the “Program”) sets forth the terms of the relationship between the Real Magic, LLC (“REAL MAGIC“), PO Box 750613 Las Vegas, NV 89136, and you as the purchaser or consumer (“you“) as it relates to the Program. You and Real Magic may be referred to in this Agreement collectively as the “Parties” or individually as a “Party.” You expressly agree to the terms of this Agreement by participating in the Program.
- Term of Agreement.The term of this Agreement shall be from the time REAL MAGIC accepts of your enrollment in the Program (the “Effective Date“) until termination by either Party as provided for under this Agreement or completion of the Program.
- Minimum Term and Termination. The program has a minimum term of 30-days (the “Program Term”). Either Party may terminate this Agreement at any time by giving the other Party written notice of termination. You must, however, provide REAL MAGIC with thirty (30) days prior written notice of your intent to terminate participation in the Program. Termination will not, however, release either Party from any obligations that arose prior to the date written notice of termination was given.
- Program Description. This course will lead you through success topics on a daily basis, taught by Anders Hansen. The Program includes a daily streaming audio lesson, MP3 audio download, access to archived audios.
- Program Participation Payment. Payment in full to REAL MAGIC is required in order to participate in the Program. Any dishonored, rejected, disallowed or disputed payment for Program participation shall result in the suspension of any and all Program services, content or other associated benefits and shall require you to immediately surrender all content and other related materials provided to you by REAL MAGIC in connection with the Program.
- No Refunds.All funds related to your participation in the Program are nonrefundable. All funds paid by you are deemed earned by REAL MAGIC upon receipt.
- Program Participation at Your Own Risk.REAL MAGIC does not guarantee that you will achieve any specific personal, professional or financial results by your participation in the Program. REAL MAGIC also does not guarantee you will earn any specific amount of income as a result of your participation in the Program. REAL MAGIC makes no promises, representations or warranties concerning the viability of any goals, aspirations or endeavors you may identify or choose to pursue during or as a result of your participation in the Program. You agree to participate in the Program at your own risk. Program information, services and products are used at your own risk. You are solely responsible for any decisions and actions that result from your participation in the Program and the use of Program related information, products and services. REAL MAGIC does not, and will not, provide you with any psychological, investment or financial advice in connection with your participation in the Program or otherwise.
- Ownership Rights and Proprietary Information.REAL MAGIC and its affiliated entities own all right, title and interest (including all intellectual property rights throughout the world) to any and all course materials, products, services and information related to the Program. You agree that you will not make any Program materials available to the general public or any third party for sale, distribution, download, replication, copying, file sharing or otherwise unless permitted by this Agreement or authorized in writing by REAL MAGIC.
- Intellectual Property.All trademarks, service marks, trade names, logos, patents and copyrighted materials associated with the Program or contained in the Program materials (the “REAL MAGIC Intellectual Property“), are the property of REAL MAGIC and/or its affiliated entities. You agree not to infringe upon the REAL MAGIC Intellectual Property by, among other things, the following: (1) duplicating or creating material (including any derivative works) that is the same or substantially similar to the REAL MAGIC Intellectual Property; (2) registering, creating or using trademarks, service marks or domain names that are the same or substantially similar to the REAL MAGIC Intellectual Property; (3) using, manufacturing, or selling any product or service that infringes upon the REAL MAGIC Intellectual Property; and (4) taking any action implies or appears to be an endorsement, partnership, or association with REAL MAGIC to which it has not expressly consented.
- REAL MAGIC may modify or amend any of the terms and conditions contained in this Agreement, at any time and by posting a change notice or a new version of the Agreement on the applicable Program website or by otherwise advising you of the amendment/modification. If any such amendment/modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following the posting of a change notice or a new version of this Agreement on the applicable Program website or following notice of the modification/amendment will constitute your binding acceptance of the new terms and conditions.
- You will indemnify, hold harmless and defend REAL MAGIC (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) against any and all claims, expenses, costs, causes of action and damages (including those for personal injury, property damage and reasonable attorney’s fees) relating to your participation in the Program or for violation of this Agreement.
- You may not assign this Agreement (or any obligations under this Agreement without REAL MAGIC’s prior written consent.
- Limitation of Liability. REAL MAGIC (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) shall not be liable for any indirect, incidental, special or consequential damages of any nature (including but not limited to claims for personal injury, property damage, loss of revenue, profits) related to your participation in the Program. Under no circumstances shall REAL MAGIC’s liability, if any, exceed the total amount of all monthly Program participation payments.
- Governing Law; Class Action Waiver.This Agreement will be governed by, and construed in accordance with, the laws of the State of Nevada, without reference to rules governing choice of laws. You irrevocably and unconditionally waive, to the fullest extent permitted by law, any right you may have to participate as a representative or member of any class of claimants in any class action lawsuit against REAL MAGIC, or any of its affiliated entities, that relates to your participation in the Program.
- Any dispute or claim arising out of or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be resolved by binding arbitration before the American Arbitration Association (the “AAA”) with the appointment of a single arbitrator. The AAA rules and procedures governing civil proceedings shall apply to the proceedings. Either Party may seek judicial relief to compel the other Party to comply with the provisions of this Section or otherwise seek applicable injunctive or equitable relief. The arbitration shall be held in Las Vegas, Nevada. Both Parties hereby irrevocably consent to AAA arbitration in Las Vegas, Nevada, as well as the jurisdiction of the courts located in Clark County, Nevada for injunctive, equitable relief and enforcement purposes. Any arbitration award shall be final, binding and non-appealable. All awards may be filed with one or more courts, state, federal or foreign, having jurisdiction over the Party against whom such award is rendered or its property.
- Legal Age.You represent that you are of legal age to enter into this Agreement.
- Relationship of Parties.Nothing in this Agreement or through your participation in the Program shall create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and REAL MAGIC.
- This Agreement, together with any invoices provided by REAL MAGIC, constitutes the entire understanding of the Parties with respect to your participation in the Program. This Agreement, together with any invoices provide by REAL MAGIC, revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties regarding your participation in the Program.