TERMS AND CONDITIONS
BizMagic, LLC "The Website"
1. Introduction
These Website Standard Terms and Conditions written on this webpage shall manage your use of this website, BizMagic LLC. These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
2. Intellectual Property Rights
Other than the content you own, under these Terms, BizMagic LLC and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
3. Restrictions
You are specifically restricted from all of the following
publishing any Website material in any other media;
selling, sublicensing and/or otherwise commercializing any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is or may be damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being accessed by you and BizMagic LLC may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
4. Your Content
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. By displaying Your Content, you grant BizMagic LLC a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. BizMagic LLC reserves the right to remove any of Your Content from this Website at any time without notice.
5. No warranties
This Website is provided “as is,” with all faults, and BizMagic LLC express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
6. Limitation of liability
In no event shall BizMagic LLC, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. BizMagic LLC, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
7. Indemnification
You hereby indemnify to the fullest extent BizMagic LLC from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
8. Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
9. Variation of Terms
BizMagic LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
Assignment
BizMagic LLC is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
10. Entire Agreement
These Terms constitute the entire agreement between BizMagic LLC and you in relation to your use of this Website, and supersede all prior agreements and understandings.
11. Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of Texas, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Texas for the resolution of any disputes.
BizMagic, LLC Purchases
1. All product and service purchases are made via ThriveCart or via Invoice from 17hats.
2. By purchasing a product or service from BizMagic, LLC, you agree that you have reviewed the Terms and Conditions or the Contract for each purchase on their respective platforms.
3. By purchasing, you agree that there is no information that you deem materially important that is not incorporated into this Agreement.
THESE ARE *NOT* INCLUDED in any purchases from BizMagic, LLC.
1. Endorsements. You are not receiving an endorsement from BizMagic, LLC or Patti Meyer. Do not create the appearance of an endorsement or rely on any person who claims to be endorsed by BizMagic, LLC.
2. Results Not Guaranteed. You are purchasing a product or service as discussed in the agreement on the contract or checkout page. We will ensure that we serve you efficiently, effectively, and fully per our agreed specifications, but cannot guarantee our product will meet any specific subjective expectations.
Additional Legal Terms
1. There is a NO REFUNDS policy.
By purchasing products or services from BizMagic, LLC, you acknowledge that no one has represented to you that refunds are available. If you initiate a chargeback, BizMagic, LLC may issue an additional $250 fee to you.
2. Disclaimer of Warranties.
Purchaser understands product or service is offered on an “as-is, where-is” basis, without any implied or express warranty as to its performance or to the results that may be obtained through this service. This limited warranty is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation.
3. If we get sued due to something you did:
You agree to indemnify, defend and hold harmless BizMagic, LLC, its affiliates, successors and assigns from and against any and all claims, damages, losses, liabilities, lawsuits, costs and expenses (including attorneys’ fees at all tribunal levels) arising out of or related to any activity, work, or other thing done or permitted to be done by you where such liability arises from negligence on your part or the violation of this Agreement. This includes any liability arising from breach of confidentiality by any party.
4. Damages are limited under this Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIZMAGIC, LLC WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF OPPORTUNITY COST, LOSS OF PROFITS AND THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. DAMAGES, INCLUDING ATTORNEY’S FEES AND COSTS, ARE LIMITED TO THE AMOUNT PAID UNDER THIS AGREEMENT.
5. No Professional Advice outside of consulting/coaching.
The Company does not engage in the rendering of medical, legal, accounting, financial, or other professional services. You acknowledge that you will make your own decisions before acting on any information gained from this program. It is further understood that before you utilize any techniques suggested by this service, you should consult licensed professionals as applicable.
6. Texas law governs this Agreement and it will be enforced by either party in Texas.
This Agreement will be governed by Texas law, without regard to its conflicts of law principles. I understand and agree that I submit to the personal jurisdiction and venue of this state and agree that any legal proceeding commenced shall take place in Frisco, TX.
7. No Assignment; No oral waivers or modifications.
This Agreement may not be assigned to any other party. Its requirements may not be waived or modified except in writing signed by BizMagic, LLC.
8. No relationship.
The parties hereto expressly understand and agree that they are not employers or employees, principals and agents, or partners or co-venturers in the performance of each and every part of this Agreement, and they remain solely responsible for all of their respective employees and agents.