Terms and Conditions for Membership in the Real Magic Member Portal

This Acceptance of Terms and Conditions (the “Agreement”) applies to your (“you” or “your”) membership in the Real Magic Member Portal online platform (the “Membership Platform”) offered by Real Magic, LLC  (the “Company” and collectively referred to with you as the “Parties” and singularly as a “Party”).

  1. Term of Agreement. The term of this Agreement shall be from the time The Company accepts your enrollment in the Membership Platform (the “Effective Date”) until expiration or termination of the relationship between you and the Company. Either Party may terminate this Agreement at any time by giving the other Party written notice of termination. Termination will not, however, release either Party from any obligations that arose prior to the date written notice of termination was given.
  2. Membership Payment. You agree to pay the Company the total amount for the selected membership level, if any, in the Membership Platform at the time of enrollment (the “Membership Payment”). Subject to the terms of this Agreement and any other applicable agreements, policies or terms of use, your Membership Payment grants you one (1) year of access to the Membership Platform from your date of enrollment. Unless otherwise stated by the Company and based on your compliance with the terms of this Agreement and any other applicable agreements, policies or terms of use, if you have taken advantage of an inaugural or discounted pricing offer extended by the Company, you shall be entitled to renew your enrollment in the Membership Platform at the same inaugural or discounted pricing initially extended unless you have cancelled and re-enrolled in the Membership Platform or have otherwise failed to remit payment as required. You must pay the Company the Membership Payment before you can receive access to and to receive any products or materials available on the Membership Platform. The Company, in its sole and absolute discretion, may elect to offer a payment plan for the Membership Payment. If the Company has authorized you to participate in a Membership Payment plan, you must be current on all required payments to be eligible to receive or continue to have access to and to receive all products, materials available on the Membership Platform. If you fail to make any payment(s) to the Company on an agreed upon date, the Company may deem all Membership Payment sums immediately due and payable to it. Moreover, if you fail to make any payment(s) to the Company on an agreed upon date, you will forfeit the ability to renew enrollment in the Membership Platform at any inaugural or discounted pricing originally extended to you. Additionally, if you fail to make any payment(s) to the Company on an agreed upon date, the Company may suspend access to and your ability to receive products and/or services associated with the Membership Platform. Any such suspension, however, does not relieve you of your obligation to pay the Company the full Membership Payment. All outstanding and/or delinquent Membership Payments must be brought current for you to restore access to and resume receive products and services associated with the Membership Platform.
  3. No Refunds. All funds related to your participation in the Membership Platform, including the Membership Payment, are nonrefundable. All funds paid by you are deemed earned by the Company upon receipt.
  4. Participation at Your Own Risk. The Company does not guarantee that you will achieve any specific personal, professional or financial results based on your enrollment in the Membership Platform or your use, viewing, listening to, participation in or engagement of any services, products, programs or providers associated with or provided in connection with the Membership Platform. The Company also does not guarantee you will earn any specific amount of income as a result of your enrollment in the Membership Platform or your use, viewing, listening to, participation in or engagement of any services, products, programs or providers associated with or provided in connection with the Membership Platform. The Company makes no promises, representations or warranties concerning the viability of any goals, aspirations or endeavors you may identify or choose to pursue as a result of your enrollment in the Membership Platform or your use, viewing, listening to, participation in or engagement of any services, products, programs or providers associated with or provided in connection with the Membership Platform. You agree to participate in the Membership Platform and all associated products, services and features at your own risk. You are solely responsible for any decisions and actions that result from your use of Membership Platform and all related information, products, services and engagement of any associated providers. The Company does not provide psychological, investment or financial advice.
  5. Ownership Rights and Proprietary Information. The Company owns all right, title and interest (including all  “Company Intellectual Property, as defined in Section 6, below) relating to any and all works of authorship, designs, know-how, ideas, materials, products, services and information related to the Membership Platform. You agree not to reproduce, duplicate, copy, retransmit, disseminate or otherwise use any Company owned confidential, proprietary or Company Intellectual Property protected works of authorship, designs, know-how, ideas, materials, products, services or other information provided in connection with the Membership Platform without the Company’s express written consent. 
  6. Intellectual Property. All trademarks, service marks, trade names, logos, patents and copyrighted materials associated with the Membership Platform (the “Company Intellectual Property”) are the exclusive property of the Company. You agree not to interfere or infringe upon the Company Intellectual Property by, among other things, the following: (1) duplicating or creating of works (including any derivative works) that are the same or substantially similar to the Company Intellectual Property; (2) registration, creation or use of trademarks, service marks or domain names that are the same or substantially similar to the Company Intellectual Property; (3) use, manufacture, import, or sales of any product or service that infringes upon the Company Intellectual Property; (4) any action that would pass off or create the appearance of an association with or endorsement by the Company or the Company Intellectual Property; and (5) reproduce, duplicate, copy, retransmit, disseminate or otherwise use any the Company Intellectual Property without the Company’s express written consent.
  7. User Access. Unless otherwise agreed to in writing by the Company, access to the Membership Platform is granted on a single user basis. You are prohibited from sharing, passing off, duplicating or otherwise granting any other individual(s) access to the Membership Platform.
  8. Compliance with Membership Platform Terms and Policies. You agree to comply with all terms of use, spam and privacy policies and any other terms or policies applicable to the Membership Platform. Failure to do so, in the Company’s sole and absolute discretion, may result in the immediate suspension access to or termination of membership in the Membership Platform.
  9. Non-Infringement. In addition to complying with all applicable terms of use, spam and privacy policies and other terms or policies, you shall not post, display, disseminate or otherwise use any image, recording, writing or other material on the Membership Platform without ownership of or the owner’s express written consent to do so. You are additionally prohibited from taking any action that infringes or potentially infringes upon any confidential, proprietary or intellectual property rights of any third party or parties in connection with your access to the Membership Platform. Any unauthorized posting, displaying, dissemination or usage of any image, recording, writing or other material on the Membership Platform that infringes upon or potentially infringes upon the confidential, proprietary or intellectual property rights of any third party or third parties shall immediately be removed from the Membership Platform.
  10. Restricted Content and Postings. In addition to complying with all terms of use, spam and privacy policies and any other terms or policies applicable to the Membership Platform, you also agree to refrain from disseminating, writing, messaging, promoting, advertising, linking or otherwise posting any material or content from or relating to a personal development Company, organization, individual or association that is deemed by the Company, in its sole and absolute discretion, to competes with it in the personal growth and development marketplace on, in or in any way related to your use of the Membership Platform or related to the resources associated with the Membership Platform. Additionally, you agree not to write, comment, post, message or otherwise disseminate any disparaging or negative statements about the Company, the Membership Platform or any other event, program, product or service offered by the Company or, in or in any way related to your use of the Membership Platform or related to the resources associated with the Membership Platform. Violation of this Section 10 may, in the Company’s sole and absolute discretion, result in the immediate suspension and/or termination of your ability to access, participate in or receive any benefit associated with the Membership Platform without the right to a refund for any unused period of your membership. Additionally,  the Company expressly reserves the right to any and all remedies available to it in law or equity to redress harm incurred by it as a result of a violation of this Section 10.
  11. Unsolicited Offers and Bulk Communications. In addition to complying with all terms of use, spam and privacy policies and any other terms or policies applicable to the Membership Platform, you also agree to refrain from disseminating, writing, messaging, promoting, advertising, linking or otherwise posting any material or content in mass or in bulk via direct message, repeated timeline announcements or unsolicited offers, promotions and/or invitations to participants of the Membership Platform. The Membership Platform is intended to foster participant interaction through the exchange of thoughts, ideas and other information. The Membership Platform is not intended to be used as a mass or bulk marketing tool for the dissemination of marketing material, multi-level marketing opportunities or other efforts exclusively designed to target its participants. Any such mass or bulk dissemination of materials or information prohibited by this Section 11 must be pre-approved by the Company before it is provided to Membership Platform participants. the Company, in its sole and absolute discretion, retains the right to deny the right to disseminate any materials that it deems fall within the restrictions specified in this Section 11. Violation of this Section 11 may, in the Company’s sole and absolute discretion, result in the immediate suspension and/or termination of your ability to access, participate in or receive any benefit associated with the Membership Platform without the right to a refund for any unused period of your membership. Additionally, the Company expressly reserves the right to any and all remedies available to it in law or equity to redress harm incurred by it as a result of a violation of this Section 11.  
  12. Modification.  The Company 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 Membership Platform, by presenting you with a revised version to accept, 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 and to not participate in the Membership Platform. Your continued participation in the Membership Platform following the posting of a change notice or a new version of this Agreement on the Membership Platform following notice of the modification/amendment to you will constitute your binding acceptance of the new terms and conditions.
  13. Indemnification. You will indemnify, hold harmless and defend the Company (as well as its members, employees, instructors, vendors, independent contractors, service professionals, providers 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 enrollment and/or participation in the Membership Platform or relating to your violation of this Agreement or violation of any terms of use, privacy policy, spam policy or other policies or terms applicable to the Membership Platform.
  14. Assignment. You may not assign this Agreement (or any obligations under this Agreement without the Company’s prior written consent.
  15. Limitation of Liability. The Company (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 enrollment and/or participation in the Membership Platform.
  16. 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 further agree to and consent to personal jurisdiction being exercised over you in the State of Nevada, Clark County concerning any dispute referring or relating to this Agreement or the Membership Platform. 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 the Company, or any of its affiliated entities, that relates to your enrollment and/or participation in the Membership Platform.
  17. Legal Age. You represent that you are of legal age to enter into this Agreement.
  18. Relationship of Parties. Nothing in this Agreement or through your enrollment and/or participation in the Membership Platform shall create a partnership, joint venture, agency, or franchise relationship between you and the Company.

19.  Miscellaneous.  This Agreement, together with any invoices provided by the Company, constitutes the entire understanding of the Parties with respect to your enrollment and/or participation in the Membership Platform. This Agreement, together with any invoices provided by the Company, revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties regarding your enrollment and/or participation in the Membership Platform.

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