Please review these terms of service (this “User Agreement") carefully as they constitute a legal agreement between you and Real Magic, Inc. (the “Company," "us," "our," or "we") ) with respect to your access to and use of the Company’s website, information, resources, and Open Communication Tools (as defined below) (collectively, the “Resources"). The Resources enable you to create and maintain relationships with your networks through personalized communications (the “Services"). By checking the box to accept, or by otherwise accepting, this User Agreement, and accessing and using the Resources and the Services, you agree to be bound by each of the terms and conditions set forth herein. If you do not agree with the terms and conditions set forth in this User Agreement, you will not be allowed to access or use the Resources and/or the Services.
Your subscription to access and use the Resources and Services is continuous and will renew automatically for a period corresponding to the subscription period you selected in the Order. You authorize us to authorize our third party payment processor automatically to charge your credit card on file or issue an invoice for subsequent subscription periods. You may elect not to renew this User Agreement (and your Account) no later than ten (10) business days prior to the next renewal date by emailing your election not to renew to firstname.lastname@example.org, or by calling our main number at 1-888-253-7050.
IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, REMOTE, COVER, EXEMPLARY, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES RESULTING FROM THIS USER AGREEMENT, OR THE USE OR INABILITY OF USE OF THE RESOURCES, THE SERVICES, OR THE CONTENT. FURTHER, THE COMPANY WILL NOT HAVE ANY LIABILITY TO YOU FOR ANY ACTION OF ANY THIRD PARTY OR ANY CONTENT. THE COMPANY’S MAXIMUM LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CLAIMS ARISING OUT OF THIS USER AGREEMENT AND/OR FROM THE USE OF THE RESOURCES, THE SERVICES, AND/OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID THE COMPANY HEREUNDER DURING THE TWELVE (12)-MONTH PERIOD ENDING ON THE DATE OF THE CAUSE OF ACTION UNDERLYING SUCH DAMAGES, LOSSES, AND CLAIMS.
YOU ACKNOWLEDGE THE COMPANY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ACCORDINGLY, THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS OR ANY ISSUE OUTSIDE OF THE COMPANY’S REASONABLE CONTROL.
THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THEY ENTER INTO THIS USER AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN, WHICH ALLOCATE RISK BETWEEN YOU AND THE COMPANY AND FORM A BASIS OF BARGAIN BETWEEN THE PARTIES.
This User Agreement is governed by the laws of the State of North Carolina, as it is applied to agreements entered into and to be performed entirely within North Carolina, except for those conflicts of law rules thereof that would require or permit the application of the laws of another jurisdiction. Any dispute or controversy arising under, out of, or in connection with this User Agreement shall be resolved by binding arbitration under the then-current Commercial Arbitration Rules of the American Arbitration Association (including the expedited procedures and optional rules for emergency measures of protection thereunder) before a single arbitrator. Any such arbitration shall be conducted in Raleigh, North Carolina. Judgment upon any award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, the Company has the right to seek injunctive relief or other equitable or legal remedies in a court of competent jurisdiction in the State of North Carolina, to which jurisdiction, for such purpose, you hereby irrevocably consent. All rights and remedies hereunder are cumulative.
You are permitted to access and use the Services only after registering for an account on the Company’s website (an “Account”). In order to create an Account, you must provide certain information about yourself, including, but not limited to, your name, email address, company name, mailing address, and phone number. In connection with registering for an Account, you will be required to create a unique password (the “Password”). You agree to maintain your Password and your Account in strict confidence and not to disclose or otherwise provide access to your Password or Account to any party not authorized as a permitted user by you. Accordingly, you are responsible for all activities that occur under your Account except to the extent of our gross negligence or willful misconduct. In the event your Password is lost or your Password or Account is compromised (or is suspected to be), you agree immediately to notify us of such loss or compromise, as the case may be, and you agree you will be responsible solely for all actions, damages, liabilities and losses incurred as a result of such loss or compromise, except to the extent arising from our gross negligence or willful misconduct. In connection with your Account, you hereby represent and warrant to the Company all information you provide to the Company is and will be truthful and accurate to the best of your knowledge, and you are not directly or indirectly (as an owner, strategic partner or otherwise) engaged in any business relationship or activity that competes with the Company.
YOU HEREBY AGREE YOUR USE OF THE RESOURCES, SERVICES, AND CONTENT IS AT YOUR SOLE RISK AND YOU WILL BE RESPONSIBLE SOLELY FOR ANY DAMAGE OR LOSS TO YOU OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE RESOURCES, SERVICES AND/OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE DOWNLOAD OF FILES, SOFTWARE AND/OR ANY GRAPHICS OR OTHER CONTENT. EXCEPT AS EXPRESSLY STATED IN THIS USER AGREEMENT, THE RESOURCES, SERVICES, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, WITH RESPECT TO THE RESOURCES OR THE SERVICES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE, TITLE AND NON-INFRINGEMENT. THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THE RESOURCES, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE RESOURCES, AND/OR SERVICES OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE RESOURCES, AND/OR SERVICES OR THAT DEFECTS IN THE RESOURCES, AND/OR SERVICES WILL BE CORRECTED. THE COMPANY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES FOR GOODS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE RESOURCES, AND/OR SERVICES OR ACCESSED THROUGH ANY LINKS ON THE RESOURCES, AND/OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.