MAGICAL HEALING® TERMS OF USE

Welcome to the Site (defined below). By using it, you are agreeing to these Terms of Use (defined below). Please read them carefully.
These Terms of Use were last updated on: May 27 2018 

  1. Acceptance of Terms of Use

Magical Healing Inc. (“Magical Healing,” “us,” “our,” and “we”) owns and operates the website, www.magicalhealing.org, the mobile versions and any sites we have now or in the future that reference these Terms of Use (collectively, “Site“).  By using the Site, you agree to these Terms of Use (defined below) and any additional terms applicable to certain programs in which you may elect to participate.  You also agree to our privacy policy, incorporated herein by reference and located at http://www.magicalhealing.org/privacy (“Privacy Policy“), and acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. The Privacy Policy, together with these terms of use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the “Terms of Use.”  The term “using” also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining, or extraction tools or any other functionality.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE, PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE.

PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS OF USE CAREFULLY: (A) DISPUTE RESOLUTION/ARBITRATION AGREEMENT, INCLUDING THE CLASS ACTION WAIVER DESCRIBED THEREIN, (B) LIMITATION OF LIABILITY, AND (C) INDEMNIFICATION.

  1. Scope of Terms and Conditions

These Terms of Use apply to your use of this Site.  These Terms of Use do not apply to your use of unaffiliated websites to which Magical Healing only links.

  1. 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.
  • Your use of the Site will at all times comply with these Terms of Use.
  • 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  • You will update and correct information you have submitted to the Site and ensure that it is accurate at all times (out-of-date information will invalidate your account).
  1. 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.

  1. Modification

We reserve the right at all times to discontinue or modify any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the Site or our services we will post notice of the change on the Terms of Use page.  Any changes to these Terms of Use will be effective upon our posting of the notice, provided that these changes will be prospective only and not retroactive. If you do not agree to the changes, you should not use the Site or any services offered through the Site after the effective date of the changes.  We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes, and that your continued use of the Site or our services will constitute acceptance of these changes and the Terms of Use as modified.

  1. Your Privacy

We take the privacy of your Personal Information (defined in our Privacy Policy) seriously.  We encourage you to carefully review our Privacy Policy for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Privacy Policy is incorporated in and subject to these Terms of Use, and available here.

  1. 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.

  1. 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.

  1. Links

These Terms of Use pertain only to the Site, and not to the websites of any other companies or organizations, including those to which the Site may link.  We are not responsible for the availability of any other website to which the Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other website.  Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website.  You should direct any concerns to that website’s administrator. We reserve the right, however, to rescind any permission granted by us, and to require termination of linking to the website, at our discretion at any time.

  1. 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.

If you contribute any User Content, you will not upload, post, or otherwise make available on the Site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right.  Magical Healing does not have any express burden or responsibility to provide you with indications, markings, or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission.  In addition, if you contribute any User Content, you represent and warrant that: (i) you are the creator of the User Content; or (ii) if you are acting on behalf of the creator, that you have (a) express, advance authority from the creator to submit or post the User Content, and that they have waived any moral rights in such User Content, and (b) all rights necessary to grant the licenses and grants in these Terms of Use.  You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have ensured that the creator represents and warrants) that the use and sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including, without limitation, the rights of publicity or privacy.  You represent and warrant that you will not upload, post, transmit, or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person, or violative of any third-party rights; and that you will not upload, post, transmit, or otherwise make available User Content that contains any material that harbors viruses or any other computer codes, files, or programs designed to intercept, misappropriate, interrupt, destroy or limit the functionality of any software or computer equipment.

Magical Healing shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content, and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including, without limitation, to determine compliance with these Terms of Use and any operating rules established by Magical Healing, as well as to satisfy any applicable law, regulation, or authorized government request.  Without limiting the foregoing, Magical Healing shall have the right to remove any material from the Site, in its sole discretion. Magical Healing assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. Magical Healing has no obligation to use User Content and may not use it at all.

  • 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
    • Some User Content you submit to Magical Healing may be displayed or may give you the option to display in connection with your Personal Information, or a portion of your Personal Information, including, without limitation, your name, initials, username, social networking website user account name, image, likeness, preferences, voice, and location. You grant Magical Healing a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide license and right to use, commercial use, display and distribute any Personal Information in connection with your User Content in accordance with these Terms of Use, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. However, Magical Healing shall have no obligation to use your Personal Information in connection with any User Content.
    • 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.
  1. 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.
  1. Digital Millennium Copyright Act (DMCA) Procedures
  • Infringement Reporting Procedures.  If you own copyright, trademark, patent, or other intellectual property rights (“IP Rights Owner”), or if you are an agent authorized to act on the IP Rights Owner’s behalf (“Authorized Agent”), and you have a good faith belief that material or products on the Site infringe the IP Rights Owner’s copyright, trademark, or other intellectual property right, and you would like to bring it to Magical Healing’s attention, you can report your concern(s) by submitting your complaint to the contact address at Section 12 of our Privacy Policy.
  • 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.

The contact information for Magical Healing’s DMCA Agent for notice of claims of copyright infringement is the contact address at Section 12 of our Privacy Policy; Attn: Copyright Agent; info@magicalhealing.org.

  1. 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.

  1. 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.

  1. 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.

  1. Indemnification

You agree to defend, indemnify, and hold harmless Magical Healing, its subsidiaries and affiliates, and their respective directors, officers, personnel, volunteers, contractors and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any User Content submitted or posted by you, in connection with the Site, or any use of the Site in violation of these Terms of Use, (b) fraud you commit or your intentional misconduct or gross negligence, or (c) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

  1. 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.

  1. Assignment

You may not assign these Terms of Use, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of Magical Healing.  Any attempted assignment that does not comply with these Terms of Use shall be null and void. Magical Healing may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.

  1. Entire Agreement

The Terms of Use, including, without limitation, our Privacy Policy, and other terms incorporated by reference, constitute the entire agreement and understanding between you and Magical Healing with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Magical Healing with respect to such subject matter.

  1. Choice of Law

Any disputes arising out of or related to these Terms of Use and/or any use by you of the Site or Magical Healing’s services shall be governed by the laws of the State of New Jersey, without regard to its choice of law rules and without regard to conflicts of laws principles.

  1. Severability

If any of these terms and conditions set forth in these Terms of Use is found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions.

  1. Dispute Resolution/Arbitration Agreement

(a) Binding Arbitration.  Except as specifically stated herein, any dispute or claim between you and Magical Healing and/or its subsidiaries, affiliates, and/or any of their respective members, officers, directors, personnel, volunteers and other contractors (all such entities collectively referred to herein as the “Magical Healing Entities”) arising out of, relating in any way to, or in connection with the Terms of Use, the Site or your use of the Site, your Personal Information, or any services or programs (“Dispute(s)”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. By virtue of this Dispute Agreement (defined below), you and Magical Healing are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this Section 22(a) or Section 22(d)). The provisions of this Section 22 shall constitute your and Magical Healing’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Dispute Agreement”). The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Consumer-Arbitration Rules, available at https://www.adr.org/consumer.  The arbitrator will apply and be bound by these Terms of Use, apply applicable law and the facts, and issue a reasoned award, if appropriate.

(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.

  1. Additional Disclosures

No waiver by either you or Magical Healing of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use.  The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Terms of Use shall continue in full force and effect.

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.

The provisions of these Terms of Use apply equally to, and are for the benefit of, Magical Healing, its subsidiaries, affiliates, and Program Partners, and each shall have the right to assert and enforce such provisions directly.