- Scope of Terms and Conditions
- Use of the Site
As a condition of your use of the Site, you agree that:
- You are not barred from receiving products or services under applicable law.
- You will not attempt to use the Site with crawlers, robots, data mining, or extraction tools or any other functionality.
- You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current, and complete.
- You will update and correct information you have submitted to the Site and ensure that it is accurate at all times (out-of-date information will invalidate your account).
- Access to the Site; Site Transactions
Magical Healing retains the right, at our sole discretion, to deny service or use of the Site to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible and/or the Site may be unavailable from time to time. You understand and agree that there may be interruptions in service or Site access due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
We reserve the right to refuse any order or donation you place with us on or through the Site. We may, at our sole discretion, limit or cancel quantities purchased or donation amounts made per person, per household or per order. In the event we make a change to, or cancel an order, or donation, we will attempt to notify you by contacting the e-mail, billing address or phone number (or other contact information we may have for you) provided at the time the order or donation was made.
- Your Privacy
- Restrictions on Use of Materials
The contents of the Site are protected by copyright and trademark laws, and are the property of Magical Healing. Unless we say otherwise, you may access the materials located within the Site only for your personal use. This means you may download copies of posted materials for personal, noncommercial use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights to that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the website.
- Content of Program Partners
For the convenience of our Program Partners (defined in our Policy Policy), we may display catalogs of images, materials and service specifications. While we try to offer reliable data, we cannot promise that this data and images will always be accurate and up-to-date. You agree that you will not hold our Program Partners responsible for inaccuracies in their catalogs. The catalogs may include copyrighted, trademarked or other proprietary materials. You may use the catalogs only for informational purposes. You may not use catalog content in a way that infringes or violates the proprietary rights of another.
- User Content
The Site may provide users and visitors various opportunities to submit or post reviews, opinions, advice, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works, and any other content or material submitted or posted to the Site (collectively, “User Content“) through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs, or other communication facilities that may be offered on, through, or in connection with the Site from time to time. You may be required to have a Magical Healing account to submit User Content.
- Public Nature of Your User Content
- You understand and agree that User Content is public. Any person may read your User Content on the Site without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. Magical Healing is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content.
- Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by Magical Healing. Other users may post User Content that is inaccurate, misleading, or deceptive. Magical Healing does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of Magical Healing. Magical Healing does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site, including, without limitation, any objectionable User Content.
- License Grants
- As between you and Magical Healing, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant Magical Healing a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale, and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory.
- Unsolicited Ideas
We do not accept or consider, directly or through any Magical Healing personnel, volunteer or other agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans, or other promotions. Do not send us (or any of our personnel, volunteers or other contractors) any unsolicited ideas, suggestions, material, images, or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
- Magical Healing has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential.
- You represent and warrant that you have the full right and authority to disclose and assign all right, title and interest in and to the Unsolicited Materials to Magical Healing.
- Magical Healing will own (i.e., you hereby assign to Magical Healing all right, title and interest in and to the applicable Unsolicited Materials), and we may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.
- Digital Millennium Copyright Act (DMCA) Procedures
- DMCA Procedures. Magical Healing reserves the right to terminate your, or any third-party’s, right to use the Site if such use infringes the copyrights of another. Magical Healing may, under appropriate circumstances and at its sole discretion, terminate your, or any third-party’s, right to access to the Site, if Magical Healing determines that you are, or a third-party is, a repeat infringer. If you believe that any material has been posted via the Site by any third-party in a way that constitutes copyright infringement, and you would like to bring it to Magical Healing’s attention, you must provide Magical Healing’s DMCA Agent identified below with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including, without limitation, telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Disclaimer of Warranties
AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER MAGICAL HEALING, NOR ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE PERSONNEL, CONTRACTORS, VOLUNTEERS, AGENTS, SERVICE PROVIDERS, PARTNERS OR LICENSORS (OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, SERVICES OR PROGRAMS, (II) DESCRIPTIONS OF SERVICES OR PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, SERVICES AND PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, MAGICAL HEALING HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT, OR OTHER INFORMATION CONTAINED ON THE SITE ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
- Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, OR ANY PRODUCTS OF SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA), SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR SERVICE PROVIDERS OR PROGRAM PARTNERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU AND RECEIVED BY US FOR ACCESSING THE SITE OR IN CONNECTION WITH PURCHASES OF PRODUCTS OR SERVICES ON OR THROUGH THE SITE IN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE ACTION GIVING RISE TO THE CLAIM.
- Electronic Communications
When you use the Site or send emails to Magical Healing, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.
- Jurisdictional Issues
We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Entire Agreement
- Choice of Law
- Dispute Resolution/Arbitration Agreement
(b) No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.
(c) Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, which you shall have the right to bring in a court of competent jurisdiction in the county in which you reside, you and Magical Healing agree that any Dispute may only be instituted in the state or federal court in State of New Jersey; (ii) you and Magical Healing irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) you and Magical Healing agree to waive any right to a trial by jury. You and Magical Healing agree that the Federal Arbitration Act, the AAA rules, applicable federal law, and the laws of the State of New Jersey, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes.
(d) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or the security of the Site, and/or any illegal or intentional act against your interests or the general business interests of Magical Healing.
(e) Severability. With the exception of Section 24(b) above, if any part of this Section 22 is ruled to be unenforceable, then the balance of this Section 22 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If Section 22(b) above is ruled to be unenforceable, then Section 22(a) shall be deemed unenforceable, but the rest of Section 22 shall remain in full effect.
- Additional Disclosures
You are contracting with Magical Healing Inc. Correspondence should be directed to: Magical Healing Inc., 576 Valley Road, #112, Wayne, NJ 07470.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.