The Legal Stuff
(Oh happy day...)

 

Here's the Short version of this page.

I'm going to work my butt off to make sure you get good information, at a fair price, that will help you in your business.
I will protect your information as my own, and will do my best to be of the most service I can for you.

Now, if you want the rest of the Legal "eze" (definitely not "ease")...

Read on my friend, read on.

 

 

Definitions:  TheMagicOfTesting People = Anyone who works with or is associated with TheMagicOfTesting.com

Earnings & Income Disclaimer
(Mostly used from the Internet Marketing Center Thanks Derek Gehl and the folks there.
But I've read every word of this disclaimer, have modified it to fit what I do, have had my attorney look it over, and I agree with it.)

TheMagicOfTesting People accurately represent products and services and work to improve your impact and business on the internet. TheMagicOfTesting People have heard both from customers who are just starting their internet business and from others who already have an internet business. Both groups give us feedback on the usefulness of our products/services for their operations and their revenue generation. TheMagicOfTesting People cannot completely verify these customers' statements, but TheMagicOfTesting People do require that each person TheMagicOfTesting People introduce to you provide us with substantiating information before TheMagicOfTesting People present their testimonials or other information. Also, while the testimonial may be accurate as of the time that TheMagicOfTesting People hear from the customer, the customer's experience may have significantly changed over time. While TheMagicOfTesting People will try to update our information on the customer providing a testimonial, TheMagicOfTesting People cannot assure you that our information will be up to date all the time.

You should also know that the testimonials here illustrate great results and unique experiences.  These experiences may or may not eventually apply to customers who use our products.  As I have no idea what you will do with the information, I can not say that you should expect to achieve the same results as any claimed by anyone on this site.  Also, TheMagicOfTesting People do not promise, guarantee, or even imply that you (or that your use of our products and services) will improve your operation, raise your internet profile, or increase your revenues. As with any business, successful or unsuccessful use of our products will widely vary among our customers depending on many factors, including but not limited to, the customer's skill set, creativity, motivation, level of effort, individual expertise, capacity and talents, business experience, your cost structure, and the market in which you compete. TheMagicOfTesting People also know that many of our customers will not implement our program, much as many gym members won't go to the gym. TheMagicOfTesting People obviously cannot compel you to use our products. You obviously need to implement our products to find out for yourself the usefulness of what TheMagicOfTesting People teach you, and TheMagicOfTesting People sincerely hope that you do. Similarly, TheMagicOfTesting People provide no assurance that either improved operations or earnings in one month can be duplicated or approached in any other month.

For all these reasons, your purchase and use of our information, products and services should be based upon your own due diligence and judgment on how best to use our products. You should not view our company's products and services as responsible for any success or failure of your business; TheMagicOfTesting People provide a tool that you can use to try to improve the operation of your business. Your decision to purchase and use our information, products and services should be based on your own due diligence, and not on any representation that TheMagicOfTesting People make to you. TheMagicOfTesting People will not be responsible for any success or failure of your business before or after you implement the information you receive from us. TheMagicOfTesting People provide a tool that you can use to try to improve the operations of your business, and hope that you will use it to make a huge difference in the world.  TheMagicOfTesting People will help by providing what information TheMagicOfTesting People think is relevant, but ultimately, any earnings you have or don't have are up to you.

(Shorter and alternate) Disclaimer: The information on this website and that you receive through any interaction with "TheMagicOfTesting.com" is intended to help you earn more income through your Information Marketing or Internet marketing business.  It is intended as a sharing of knowledge and information from the research and experience of Jonathan Kraft and the experts and systems whose information is shared throughout the training videos.  There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings.  (Are you really reading this whole thing?  You must have a lot of time, or be an attorney.  If you have a lot of time, please go do something else and put your time to better use.  If you are an attorney, hi!  If you see anything TheMagicOfTesting People should change here, please let us know.  Our attorney let us know that this was all good already, but if you see anything TheMagicOfTesting People need to add, TheMagicOfTesting People are happy to hear suggestions!) Earnings potential is entirely dependent on the person using our products, services, ideas, and techniques. Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned; your finances; your knowledge; and your set of skills. Since these factors differ according to individuals, TheMagicOfTesting People cannot guarantee your success or income level. Nor are TheMagicOfTesting People responsible for any of your actions.  As with anything in life, you are encouraged to make your own decisions based upon your research, your experience, and in partnership with those whose opinions and experience you trust.

Terms and Conditions of Use

Please read these terms and conditions carefully. By accessing (visiting or using) this website you are indicating that you have read, acknowledge and agree to be bound by these terms and conditions (also referred to as an “agreement” here). Your agreement shown by accessing and using this website is as legally binding as if you signed a written document. If you do not agree to all these terms and conditions, do not access this website.  TheMagicOfTesting.com and its affiliates (referred to as “TheMagicOfTesting” or “us” or “we”) may change these terms and conditions, and you are responsible for regularly reviewing and complying with them. Your continued use of this website constitutes your agreement to all those terms and conditions.

PLEASE NOTE that this agreement contains important sections below, including a provision requiring you to litigate all disputes relating to your use of this website in Parker, Colorado.

General Information
This website comprises various websites and pages operated by TheMagicOfTesting and the information contained therein (together, the "website"). Certain sections of the website may contain separate terms and conditions, which are in addition to this agreement. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those sections or pages. We may terminate your access to the website or any part of it at any time with or without notice, in our sole discretion. You may not attempt to gain unauthorized access to the website, or computer systems or networks connected to the website, through hacking, password or data mining, or any other means to circumvent security procedure. You may not use bots, spiders or intelligent agent software (or other methods) for any purpose other than accessing publicly posted portions of the website and then only as authorized by the license we provide to you below under “Proprietary Rights”. Unauthorized use of our website and systems, including, but not limited to, unauthorized entry into TheMagicOfTesting’s computer networks and systems, or misuse of password is strictly prohibited. “Unauthorized use” includes using the publicly available information for purposes which are (I) not authorized by this agreement, or (II) not consistent with the license set out below in the section titled “Proprietary Rights”.

You may not use the website in any manner that could damage, disable, overburden, or impair the website or any service we provide or interfere with any other party’s use and enjoyment of the website or any service we provide. You are to ensure that any information you provide to us through the website will be correct and complete. The information and materials on the website may contain errors or inaccuracies, including both typographical and substantive errors. We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to discontinue, change, improve or correct the information, materials and descriptions on the website and to suspend or deny access to the website for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and we have no responsibility to update or amend any such information. 

Disclaimers of Warranty
THE INFORMATION, PRODUCTS AND SERVICES ON THE WEBSITE ARE PROVIDED ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS AND ARE USED ONLY AT YOUR SOLE RISK. WE AND OUR AGENTS AND LICENSORS EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, TITLE, NON-INFRINGEMENT, OF ERROR-FREE OR UNINTERRUPTED SERVICES, OR THAT THE INFORMATION ON THIS WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS. WE DO NOT WARRANT, GUARANTY, OR MAKE ANY REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, OR ASSUME ANY LIABILITY TO YOU, INCLUDING REGARDING (I) THE USE OF OR THE RESULTS OF ACCESS TO THE WEBSITE OR ANY DELAY OR LOSS OF OR LIMIT ON ACCESS TO OR USE OF THE WEBSITE, OR (II) SYSTEM PERFORMANCE AND EFFECTS ON OR DAMAGES TO SOFTWARE AND HARDWARE IN CONNECTION WITH ANY USE OF THE WEBSITE. WE SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION THROUGH THE WEBSITE OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE WEBSITE OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY. EXCEPT AS OTHERWISE REQUIRED BY LAW, WE SHALL HAVE NO LIABILITY FOR LOSSES CAUSED BY THE NEGLIGENCE, ACTIONS OR FAILURE TO ACT OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, YOUR INTERNET ACCESS PROVIDER. Limitations of Liability: THEMAGICOFTESTING AND ITS AGENTS AND LICENSORS SHALL NOT HAVE ANY RESPONSIBILITY WHATSOEVER AND SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES OR LOST PROFITS OR SAVINGS OR OTHER ECONOMIC HARM YOU MAY INCUR OR SUFFER (REGARDLESS OF WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE) FROM (I) YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY RELIANCE BY YOU ON THE WEBSITE, OR INABILITY TO ACCESS THE WEBSITE, (II) THE RELIABILITY, ACCURACY, COMPLETENESS OR TIMELINESS THEREOF, (III) ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY INFORMATION OR ANY PART OF THE WEBSITE, (IV) THE INTERCEPTION OR USE BY THIRD PARTIES OF ANY INFORMATION YOU PROVIDE TO US, OR (V) ANY OTHER REASON.  IN ANY EVENT OUR COMPLETE LIABILITY (AND THAT OF ANY OF OUR AGENTS OR LICENSORS) TO YOU FOR ANY REASON IN NO EVENT CUMULATIVELY SHALL TOTAL MORE THAN $100.00.

Notices
Our notices to you may include notice of important changes to this agreement. We will not send notice, but will notify you by making changes to this page of our web site. Proprietary Rights: All right, title and interest in the website is the exclusive property of TheMagicOfTesting, except as otherwise stated. You may not access, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in whole or in part any part of the website, except for the purposes expressly provided herein, without our prior written approval. If you download any information or software from the website, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.  You have a limited, personal, non-transferable, non-exclusive license to view and copy the publicly accessible information on this website for your personal noncommercial use, and only on one computer. You are not permitted to resell or transfer any information obtained from this website to anyone else. This license can be terminated by us at any time, at which time you must destroy all copies of the licensed materials. This license is conditioned on your continued adherence to all the terms of this agreement. TheMagicOfTesting, the TheMagicOfTesting logo and other TheMagicOfTesting trademarks which appear on the website are trade names and trademarks of TheMagicOfTesting. TheMagicOfTesting.com and TheMagicOfTesting are trade names.  The names of other actual companies and third-party products or services mentioned herein are the trade names or trademarks of their owners. You may not use any trademarks for any purpose including, but not limited to, use as metatags on other sites on the World Wide Web without the prior written permission of TheMagicOfTesting or the third party which owns the marks.  TheMagicOfTesting respects the intellectual property of others and asks that our users do the same. It is the policy of TheMagicOfTesting to respond expeditiously to claims of intellectual property infringement by promptly processing and investigating notices of alleged infringement and taking appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. If you believe that your copyrighted work is accessible on the website in a way that constitutes copyright infringement, you may notify us by providing our Copyright Agent with the following information: 1) the electronic or physical signature of the owner of the copyright or of the person authorized to act on the owner’s behalf; 2) identification of the copyrighted work or other intellectual property that you claim is being infringed; 3) identification of the material that you claim is infringing; 4) identification of the URL or other specific location on the website where the material that you claim is infringing is located (please be as specific as possible); 5) your name, address, telephone number, and email address; 6) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 7) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. 

Use of Links
The website may contain links to and be linked from third-party websites. These links are provided only as a convenience and do not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by TheMagicOfTesting of any information contained in any third-party website. We are not responsible for the information contained on that site or your use of or inability to use the website. If you choose to connect to a third-party website, TheMagicOfTesting makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor does TheMagicOfTesting warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. You should also be aware that the terms and conditions of such site and the site’s privacy policy may be different from those applicable to your use of our website.

No Solicitation
The information on the website is made available for informational purposes only. None of the information contained in the website constitutes a solicitation or offer by TheMagicOfTesting to buy or sell any securities or other financial instruments or provide any investment advice. The information on the website is limited to the dissemination of general information regarding products and services. The information and services provided on the website are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where TheMagicOfTesting is not authorized to provide such information or services. Some products and services described in the website may not be available in all jurisdictions or to all clients.

Privacy
TheMagicOfTesting respects your privacy. See the Privacy Policy for an important description of the information, including your personal information, we collect from you, and what we do with it. Your agreement to these terms and conditions includes an agreement to our privacy policy.

Indemnification
You hereby indemnify and hold harmless TheMagicOfTesting and its directors, officers, employees, control persons, vendors, licensors and agents, from and against any and all claims, actions, proceedings, losses, liabilities, damages, costs and expenses (including reasonable attorney’s and experts’ fees and costs) arising out of or related to (i) any use or access by you (or on your behalf) of the website; (ii) any breach by you of any agreements, or representations and warranties contained in these terms and conditions, (iii) any access to or use of the website by you in violation of any rights of TheMagicOfTesting or any third party, including, but not limited to, copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, (iv) any access to or use of the website by you in violation of any applicable law, rule or regulation, or (v) any unauthorized access of, or through, the website to any computer system.

Full and Complete Agreement Regarding Website
These terms and conditions represent the complete and exclusive statement of the agreement between you and us regarding your rights to access and use the website, and supersedes all prior agreements and representations (whether written or oral), regarding this subject matter, except as is otherwise provided herein. This agreement is in addition to, and does not nullify, any other agreement between you and TheMagicOfTesting governing the conduct of your relationship with TheMagicOfTesting.

Other Terms
No waiver, modification or amendment of any of these terms and conditions shall be effective against TheMagicOfTesting unless it is in writing and signed by an authorized official of TheMagicOfTesting. We do not waive any power or right under this agreement even if we don’t always insist on strict compliance with any of these terms and conditions, or if we delay or fail to exercise any power or right given to us in this agreement.

All rights and remedies given to TheMagicOfTesting in these terms and conditions are cumulative and not exclusive of any other rights or remedies which TheMagicOfTesting otherwise has at law or equity. These terms and conditions shall be binding upon you and your executors, heirs, successors and assigns. These terms and conditions and your rights and obligations hereunder may not be assigned by you without the prior written permission of TheMagicOfTesting and shall inure to the benefit of TheMagicOfTesting’s successors and assigns whether by merger, consolidation or otherwise. TheMagicOfTesting may assign this agreement or any of its rights or obligations under these terms and conditions. Any cause of action you may have with respect to your use of the website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect. A printed version of these terms and conditions shall be admissible in judicial or administrative proceedings. Choice of Law and Personal Jurisdiction; Jury Trial.  This website is created and controlled by us in the State of Colorado, U.S.A. The laws of the State of Colorado govern any disputes between you and us arising in connection with this agreement, without giving effect to any principles of conflicts of laws.  SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE COUNTY OF DENVER, STATE OF COLORADO AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.  I HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Privacy Policy

This is the TheMagicOfTesting web site of TheMagicOfTesting.com.

Our postal address is
16339 Goldenrod Way
Parker, CO 80134

TheMagicOfTesting People can be reached via e-mail at support (at) themagicoftesting.com  (replace (at) with the @ symbol)
or you can reach us by telephone at 303 847 0589

For each visitor to our TheMagicOfTesting web page, our TheMagicOfTesting web server automatically recognizes the consumer's domain name and e-mail address (where possible).

TheMagicOfTesting People collect the domain name and e-mail address (where possible) of visitors to our TheMagicOfTesting web page, the e-mail addresses of those who post messages to our bulletin board, the e-mail addresses of those who communicate with us via e-mail, the e-mail addresses of those who make postings to our chat areas, user-specific information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and/or site registrations, name and address, telephone number, fax number, payment information (e.g., credit card number and billing address).

The information TheMagicOfTesting People collect is used to improve the content of our TheMagicOfTesting web page, used to customize the content and/or layout of our page for each individual visitor, used to notify consumers about updates to our TheMagicOfTesting web site, shared with other reputable organizations to help them contact consumers for marketing purposes, used by us to contact consumers for marketing purposes and .

With respect to cookies: TheMagicOfTesting People use cookies to store visitors preferences, record session information, such as items that consumers add to their shopping cart, record user-specific information on what pages users access or visit, alert visitors to new areas that TheMagicOfTesting People think might be of interest to them when they return to our site, record past activity at a site in order to provide better service when visitors return to our site , ensure that visitors are not repeatedly sent the same banner ads, customize TheMagicOfTesting web page content based on visitors' browser type or other information that the visitor sends.

If you do not want to receive e-mail from us in the future, please let us know by sending us e-mail at the above address.

From time to time, TheMagicOfTesting People make the e-mail addresses of those who access our site available to other reputable organizations whose products or services TheMagicOfTesting People think you might find interesting. If you do not want us to share your e-mail address with other companies or organizations, please let us know by calling us at the number provided above.

From time to time, TheMagicOfTesting People make our customer e-mail list available to other reputable organizations whose products or services TheMagicOfTesting People think you might find interesting. If you do not want us to share your e-mail address with other companies or organizations, please let us know by calling us at the number provided above.

If you supply us with your postal address on-line you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by calling us at the number provided above.

You may receive mailings from other reputable companies. You can, hoTheMagicOfTesting Peoplever, have your name put on our do-not-share list by calling us at the number provided above.

Please provide us with your exact name and address. TheMagicOfTesting People will be sure your name is removed from the list TheMagicOfTesting People share with other organizations

Persons who supply us with their telephone numbers on-line may receive telephone contact from us with information regarding new products and services or upcoming events. If you do not wish to receive such telephone calls, please let us know by sending us e-mail at the above address.

Persons who supply us with their telephone numbers on-line may receive telephone contact from other reputable companies. You can, hoTheMagicOfTesting Peoplever, have your name put on our do-not-share list by sending us e-mail at the above address.

Please provide us with your name and phone number. TheMagicOfTesting People will be sure your name is removed from the list TheMagicOfTesting People share with other organizations

With respect to Ad Servers: To try and bring you offers that are of interest to you, TheMagicOfTesting People have relationships with other companies that TheMagicOfTesting People allow to place ads on our TheMagicOfTesting web pages. As a result of your visit to our site, ad server companies may collect information such as your domain type, your IP address and clickstream information. For further information, consult the privacy policies of:
www.cj.com
www.linkshare.com
www.shareasale.com
www.google.com

From time to time, TheMagicOfTesting People may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future TheMagicOfTesting People will post the policy changes to our TheMagicOfTesting web site to notify you of these changes and TheMagicOfTesting People will use for these new purposes only data collected from the time of the policy change forward. If you are concerned about how your information is used, you should check back at our TheMagicOfTesting web site periodically.

Customers may prevent their information from being used for purposes other than those for which it was originally collected by e-mailing us at the above address.

Upon request TheMagicOfTesting People provide site visitors with access to financial information (e.g., credit card account information) that TheMagicOfTesting People maintain about them, transaction information (e.g., dates on which customers made purchases, amounts and types of purchases) that TheMagicOfTesting People maintain about them, communications that the consumer/visitor has directed to our site (e.g., e-mails, customer inquiries, contact information (e.g., name, address, phone number) that TheMagicOfTesting People maintain about them, a description of information that TheMagicOfTesting People maintain about them.

Consumers can access this information by e-mail us at the above address.

Consumers can have this information corrected by sending us e-mail at the above address.

With respect to security: TheMagicOfTesting People have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that TheMagicOfTesting People have collected from you at our site.

If you feel that this site is not following its stated information policy, you may contact us at the above addresses or phone number, The DMA's Committee on Ethical Business Practices at mgoldberger@the-dma.org.

Good day!