Welcome to MajicforLife. We look forward to helping you grow. This Agreement sets forth Your rights and obligations as a MajicforLife User. By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.
I. Definitions
A. “MajicforLife” is a trademark of Dance Majic LLC, and also refers to proprietary Dance Majic LLC.
B. “Dance Majic” means Dance Majic LLC, the owner of the MajicForLife and other trademarks. In this Agreement, references to “Dance Majic” as a Party mean and refer to Dance Majic LLC, and Dance Majic LLC’s owner(s), parent company(ies), affiliate entities, and employees, and assigns.
B. “Parties” mean Dance Majic and You Dance Majic and You are each a “Party.”
C. “Terms” mean and refer to the Terms and Conditions set forth herein.
D. “User” refers to a person who has created a MajicForLife Account. “User Account” refers to a User’s MajicForLife Account. E. “You” and “Your” means the MajicForLife User who has executed this Agreement by clicking “I Agree.”
II. Becoming a MajicForLife User
By clicking “I Agree” to these Terms, transferring payment to Dance Majic, and creating a User Account, You become a MajicForLife User. There are various products and services available to Users, and monthly prices applicable to such products and services. Price changes are effective on the first day of the month By clicking “I Agree” and providing Dance Majic Your credit card information You authorize Dance Majic to charge Your credit card in the amount indicated for the value of the services You select, including any future price changes. By Your continued use of Dance Majic services, and unless You terminate this agreement as provided herein, You agree that Dance Majic may charge Your credit card monthly for the products and services You have selected, and You consent to any price changes for such services.
III. Term and Termination
Your User contract with Dance Majic begins when You click “I Agree,” and will continue month-to-month until either:
A. Dance Majic cancels Your account due to Your breach of any of the Terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments You have made to Dance Majic.
OR
B. You provide Dance Majic ten (10) days’ e-mail notice, as provided herein, of Your cancellation of Your account. If You provide such notice less than ten (10) days before the first day of the next month, Your credit card may still be charged. You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments to Dance Majic.
OR
C. Your credit card or Dance Majic’s charge is denied for any reason and You do not provide Dance Majic a new credit card within ten (10) days.
IV. REFUNDS FOR “HARD GOODS”
If You have purchased a “hard good” (for example, a book, MP3 player, or other tangible product) from Dance Majic sold under any of its brands or related brands, you may receive a limited refund if you comply with the following conditions:
1. You must request a refund in writing by contacting info@majicforlife.com;
2. Your request for a refund must be made within thirty (30) days of your purchase;
3. You must return the hard goods to Dance Majic immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
4. The hard goods must be returned to Dance Majic in like-new, or re-sellable condition, as determined in Dance Majic’s sole, reasonable discretion.
V. No License to use Dance Majic’s Marks
Any content on any Dance Majic website may constitute the intellectual property of Dance Majic. Except where expressly authorized, no material on any Dance Majic website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The MajicForLife trademark and logo are proprietary marks of Dance Majic, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Dance Majic or any of Dance Majic’s affiliates.
VI. Indemnity.
You agree to protect, defend, indemnify and hold harmless Dance Majic, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against Dance Majic for liability for payments for, damages caused by, or other liability relating to, You.
VII. No Warranty; No Leads.
Dance Majic does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that Dance Majic will not at any time provide sales leads or referrals to You. Additionally, DANCE MAJIC’S WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. DANCE MAJIC MAKES NO REPRESENTATION OR
WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY DANCE MAJIC WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. DANCE MAJIC MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY DANCE MAJIC WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY DANCE MAJIC WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY DANCE MAJIC’S WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY DANCE MAJIC’S WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Dance Majic websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any Dance Majic website and these Terms, these Terms shall control.
VIII. Limitation of Liability.
YOU AGREE THAT IN NO EVENT SHALL DANCE MAJIC’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO DANCE MAJIC FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST DANCE MAJIC OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
IX. Force Majeure.
Dance Majic will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Dance Majic. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Dance Majic shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
X. Assignment of Rights.
Dance Majic may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without Dance Majic’s or its assigns express written consent.
XI. Information; Registration; User Names and Passwords
As a MajicForLife User, You will be required to create an account with Dance Majic. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the
confidentiality of any password You may use to access Your MajicForLife User account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your User account, to any third party. You are fully responsible for all transactions with, and information conveyed to, Dance Majic under Your User Account. You agree to immediately notify Dance Majic of any unauthorized use of Your password or User name or any other breach of security related to Your User account. You agree that Dance Majic is not liable, and You will hold Dance Majic harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
XII. Release/Authorization to Use Photographs.
You grant Dance Majic permission to use any and all photographs taken by Dance Majic or its agents or employees, or submitted by You to Dance Majic (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Dance Majic or any product or service sold and marketed by Dance Majic. You agree that this authorization to use Photographs may be assigned by Dance Majic to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in Dance Majic’s sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against Dance Majic in exchange for this Release and Assignment. You hereby release and forever discharge Dance Majic from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
XIII. Prohibited Activity.
Dance Majic has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to MajicForLife’s reputation; and the violation of the rights of Dance Majic or any third party.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for UCE/spam. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to MajicForLife’s reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
XIV. Contact
If You have any questions or complaints concerning any of the Terms, You may contact Dance Majic by e-mail at info@majicforlife.com, or by regular mail at 1418 W. Center Street #102 Orem, Ut 84057.
XV. Digital Millennium Copyright Act
If You believe that materials or content available on any Dance Majic website infringes any copyright You own, You or Your agent may send Dance Majic a notice requesting that Dance Majic remove the materials or content from the Dance Majic website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send Dance Majic a counter-notice. Notices and counter-notices should be sent to Dance Majic at 418 W. Center Street #102 Orem, Ut 84057 or by e-mail info@majicforlife.com.
XVI. Arbitration, Governing Law, and Attorneys’ Fees.
A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against Dance Majic including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Ada County, Idaho. You agree not to file suit against Dance Majic or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and Dance Majic. In the event that You and Dance Majic are unable to reach agreement on an Arbitrator, You and Dance Majic will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Utah County, Idaho. The arbitrators selected by You and Dance Majic will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and Dance Majic and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Idaho without regard to any choice of law provisions.
C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against Dance Majic to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Dance Majic may not be joined or consolidated with claims brought by anyone else.
D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents Dance Majic from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Dance Majic’s rights prior to, during, or following any arbitration proceeding.
F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or Dance Majic commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
XVII. Changes to Terms
Dance Majic reserves the right to change these Terms, in whole or in part, from time to time at Dance Majic’s sole and absolute discretion, and to provide You with notice of such change by any reasonable means. By Your continued use of Dance Majic’s services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.
XVIII. Severability
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
XIX. Waiver.
No waiver by Dance Majic of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
XX. Heading .
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
XXI. Notice.
Any notice required to be given to Dance Majic under or related to these Terms must be in writing, addressed as follows:
Dance Majic LLC
1418 W. Center St. #102
Orem, Ut 84057
General Support and Inquiries: info@majicforlife.com Compliance: info@majicforlife@gmail.com
Spam or Abuse: info@majicforlife@gmail.com Affiliates: Info@majicforlife.com
Notices to You may be made by posting a notice (or a link to a notice) on, by e-mail or by regular mail, at Dance Majic’s discretion.
XXIV. Data Privacy Shield - GDPR
What is GDPR? It is the EU Data Privacy Shield that becomes effective on May 25, 2018. It applies to any person or business that sells or markets goods or services to EU residents or deals with personal data of those that reside under European Union. The "Personal Data" definition under GDPR is very broad as it covers any information that could potentially identify the data subject being targeted. Is Dance Majic LLC. GDPR Compliant? We are working diligently toward being GDPR compliant and plan to provide specific updates to our terms by the effective date. We take the rights of others very seriously and will support our EU and all other subscribers through this framework as administered. For more information, view our GDPR Policy.
