Conditions of Use

OVERVIEW
MJM Magic runs this website. Throughout the site, "we," "us," and "our" refer to MJM Magic.

MJM Magic provides this website, including all information, tools, and Services you can access here, to you, the user. This is all based on your acceptance of the following terms, conditions, policies, and notices.

By visiting our site or buying something from us, you're using our "Service" and agreeing to follow these terms and conditions ("Terms of Service" or "Terms"). This includes any additional terms, conditions, and policies mentioned here or available through links. These Terms of Service apply to all website users, including visitors, vendors, customers, merchants, and people who contribute content.

Please read these Terms of Service carefully before using our website. By using any part of the site, you agree to be bound by these Terms of Service. If you don't agree with all the terms and conditions, you can't use the website or any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the store will also be subject to the Terms of Service. You can find the latest version of the Terms of Service on this page at any time. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on our website. It's your responsibility to check this page regularly for changes. If you continue to use or access the website after any changes are posted, it means you accept those changes.

SECTION 1A - ONLINE STORE TERMS
In order to use this site, you must be either of legal age in your area of residence or have the permission of a legal guardian.
Our products are for lawful purposes only. You agree to abide by all applicable laws (including copyright) while using this service.
Introducing harmful code such as viruses or worms is strictly prohibited.
Violating these terms will result in the termination of your access to our services.

SECTION 1B - PRICING

Although MJM Magic makes every effort possible to ensure the accuracy of the information found on this website, certain errors and omissions may occur.

MJM Magic reserves the right to change the terms of any offer made available on this website or in any print or media advertisement without any prior consent or notification

Typo's may occur on this website. All offers limited to stock on hand or in our supplier warehouses.

Any legal disputes arising over anything related to the sale and purchase of items from MJM Magic will be settled exclusively in the State of California and San Joaquin County.  By purchasing with us, you are agreeing to these terms.

Definition of original price, compare at pricing, or regular pricing:

Anything listed as regular pricing, compare at pricing, or original price that may be found on this website is defined as either the original Manufacturers Suggested Retail Price, or the price that we may have had an item listed at prior to reducing its price (if the price has been reduced at all).  By listing a manufacturers suggested retail price with a strike through we are not claiming to have ever had a product for sale at the full MSRP.  We are simply offering you the customer a comparison to what the manufacturers retail sale price is in comparison to our current sell for price.

Definition of discounted price, sale price, now price:

Some items found on this website have been discounted, and the current sale price, discounted or otherwise will be displayed as the current sale price.

Many products we acquire are NOT MSRP protected, and those will often be sold immediately at a discounted price to maintain the same price as our competitors. Other items which are MSRP protected will only be discounted if we are liquidating overstock inventory.

We do our best to keep the pricing listed on our website current. We reserve the right to change prices, if it becomes necessary. Prices will fluctuate up or down based on the prevailing market conditions. Quoted prices do not include the exact tax amount. All such taxes will be added to your merchandise total, and will be itemized in your invoice. We reserve the right to update prices due to errors, with or without notice to you. Please feel free to confirm pricing with us when placing your order.

If you have any questions or concerns related to pricing, sales, or discounts, you must contact us and make a request for clarification, allowing us to address any concerns first before proceeding with any sort of legal action. We must have the opportunity to address and/or correct any legal issues before involving legal proceedings.

The value of litigation is equal to the value of items purchased.

Our business is located in San Joaquin County, California and any arbitration or cases must take place here.

SECTION 1C - OPTIONAL SHIPPING INSURANCE
By submitting your order or purchasing something from us, without paying for the Optional Shipping Insurance, you acknowledge that you will release MJM Magic from any liability of loss or damaged package. Consequently, if you do purchase the Optional Shipping Insurance, your package will be fully covered for loss or damage and be freely replaced at MJM Magic's expense.

SECTION 2 - GENERAL CONDITIONS
We maintain the right to deny access to our service to anyone, at any time, for any reason.
You acknowledge that your information (excluding credit card details) may be transmitted without encryption and involve (a) travel across various networks; and (b) adjustments to comply with technical requirements of connecting networks or devices. Credit card information is always encrypted during network transfers.
You agree not to replicate, duplicate, copy, sell, resell, or exploit any part of the service, its use, or access obtained through the website where the service is provided, without our explicit written permission.
The titles used in this agreement are for reference only and won't limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
While we strive to provide accurate and up-to-date information on this website, we cannot guarantee its completeness or absolute correctness. The content is intended for general informational purposes only and shouldn't be solely relied upon for critical decisions. It's recommended to consult more reliable, comprehensive, and recent sources before making important choices. Using the information on this site is at your own risk.
This website might contain historical information, which by nature is not current. It's provided for your reference only. We reserve the right to modify the content of this website at any time. However, we are not obligated to update any existing information. It's your responsibility to stay informed about any changes made to our website.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
To ensure we can offer the best possible service, our product prices may occasionally be adjusted without notice.
We also reserve the right to update or discontinue the Service (or any part of it) at any time. In such cases, we will not be held responsible for any resulting modifications, price changes, or interruptions to the service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Product Availability and Returns:
Some products or services might only be available for purchase online through our website. These may be limited in stock and can only be returned or exchanged according to our Refund Policy: https://www.mjmmagic.com/store/shippinginfo.html
Color Accuracy:
We strive to display accurate colors and images of our products on the website. However, please note that computer monitors can vary in their color representation.
Order Limitations:
We reserve the right to limit sales of products or services to any individual, region, or jurisdiction on a case-by-case basis. We may also limit the quantities available for purchase. Product descriptions and prices are subject to change at any time without prior notice. We may also discontinue any product at our discretion. Any offer for a product or service made on this website is void where prohibited by law.
Disclaimer of Warranties:
We cannot guarantee that the quality of any products, services, information, or other materials you purchase or obtain will meet your expectations. Additionally, we cannot guarantee that any errors in the service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
Order Acceptance and Modification:
We may decline any order you submit.
We have the right to limit or cancel the number of items you can buy, whether it's per person, per household, or per order. This applies to orders placed under the same account, with the same payment method, or shipped to the same address.
If we modify or cancel your order, we'll try to notify you using the email address or phone number you provided during checkout.
We can restrict or reject orders that seem to be placed by resellers or distributors, based on our judgment.
Account Information:
You agree to provide accurate and up-to-date information for all your purchases on our website.
Please keep your account details current, including your shipping address, billing address, email address, credit card details (number and expiry), to ensure smooth transaction processing and communication. MJM Magic is not responsible if you provide inaccurate payment or shipping data which may cause delays or issues with processing or delivering your order.
For more details, please see our Refund Policy: https://www.mjmmagic.com/store/shippinginfo.html

SECTION 7 - OPTIONAL TOOLS
**Our website might connect you to tools created by other companies. We don't control these tools, and we can't monitor their activity or influence their design. **
By using our website, you agree that we make these tools available "as is" and without any guarantees or promises. We don't endorse them in any way. We won't be responsible for any problems that arise from using these optional third-party tools.
It's completely up to you to decide if you want to use these optional tools. You're responsible for making sure you understand and agree to the terms set by the companies that provide these tools.
In the future, we might add new features or services to our website (including providing new tools and resources). These new additions will also be covered by these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Some of the content, products, and features offered through our service may come from outside sources.
Links on our website from other companies (third-party links) may lead you to websites that are not connected to us. We don't check or evaluate the content of these websites, and we don't guarantee their accuracy. We are not responsible for any material, websites, products, or services from these third-parties.
We are not liable for any harm or problems that arise from buying or using goods, services, resources, content, or any other interactions with third-party websites. It's important to carefully review the policies and practices of these third-parties before you do any business with them. If you have any complaints, claims, concerns, or questions about third-party products, you should contact the third-party directly.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you submit specific creations (like contest entries) or creative ideas, suggestions, plans, or other materials (all called "submissions") at our request, or if you send them on your own, you acknowledge that we can use these submissions freely. This means we can edit, copy, publish, share, translate them, or use them in any way, anywhere. We are not obligated to: (1) keep your submissions confidential, (2) pay you for them, or (3) respond to them.
We have the right, but not the responsibility, to monitor, edit, or remove any content we consider unlawful, offensive, threatening, insulting, defamatory, sexually explicit, or otherwise inappropriate, or anything that violates someone's intellectual property rights or these Terms of Service.
You agree that your submissions won't violate anyone else's rights, including copyrights, trademarks, privacy rights, or other personal rights. They also can't be defamatory, illegal, abusive, obscene, or contain computer viruses or other harmful software that could damage our service or any related websites. Don't use a fake email address, impersonate someone else, or mislead us or others about where your submissions come from. You are entirely responsible for your submissions and their accuracy. We take no responsibility for what you or anyone else posts.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://www.mjmmagic.com/store/privacy.html

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
**Our website or the Service might occasionally contain mistakes. These mistakes could be typos, inaccurate details, or missing information related to product descriptions, prices, promotions, deals, shipping costs, delivery times, and product availability. We reserve the right to fix any errors, inaccuracies, or missing information. We can also change or update information, or even cancel orders, if we find any mistakes in the Service or on a linked website. This right to make changes applies even after you place your order.
It's important to note that we are not obligated to update, change, or clarify information on the Service or any linked websites. This includes, but is not limited to, pricing information. The only exception is if the law requires us to make an update. Don't assume that information on the Service or linked websites is always up-to-date just because it has a specific update or refresh date.

SECTION 12 - PROHIBITED USES
Beyond the restrictions outlined in the Terms of Service, you may not use the site or its content for any of the following purposes:
Illegal Activities: This includes using the site to commit crimes or encourage others to do so.
Breaching Regulations: Don't use the site in a way that breaks any laws or regulations, local, national, or international.
Copyright Infringement: Respect our intellectual property and that of others. Don't steal content or violate copyrights or trademarks.
Harassment and Hate Speech: This site prohibits hate speech, bullying, and discrimination of any kind. Treat others with respect.
False Information: Don't provide misleading or false information.
Spreading Malware: Uploading viruses or other malicious code that could damage the site or the internet is strictly forbidden.
Privacy Invasion: Don't collect personal information from others without their consent.
Spam and Deceptive Practices: Don't spam users, engage in phishing scams, or use deceptive tactics.
Inappropriate Content: Uploading or posting content unsuitable for younger audiences is not allowed.
Security Breaches: Don't tamper with the security features of the site or try to bypass them.
We reserve the right to terminate your access to the site or any related platform if you violate these terms.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We can't promise:
The Service will always be available, work perfectly on time, or be completely secure.
The results you get from using the Service will be 100% accurate or reliable.
We reserve the right to:
Temporarily suspend or permanently shut down the Service at any time, without letting you know in advance.
You acknowledge that:
You use the Service entirely at your own risk. There's no guarantee it will always work flawlessly.
The Service and anything you receive through it (unless we explicitly state otherwise) are provided "as-is" - we make no promises or guarantees about them, expressed or implied. This includes things like merchantability, fitness for a specific purpose, or that they won't infringe on anyone's rights.
Nobody's liable (not us, not anyone involved with us):
In any situation, MJM Magic, including our directors, officers, employees, partners, agents, contractors, interns, suppliers, service providers, or licensors, will not be held responsible for any harm, loss, claim, or damages (including lost profits, revenue, savings, data, replacement costs, or similar) that arise from:
Your use of the Service or any products you get through it.
Any other issues related to your use of the Service or products, including mistakes or missing information in content, or any loss or damage caused by using the Service or any content (or product) posted, transmitted, or otherwise made available through the Service.
This applies even if we were warned about the possibility of these problems.
Some limitations might not apply:
In some locations, the law doesn't allow us to completely avoid responsibility for certain damages. In those cases, our liability will be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to take full responsibility for, protect, and hold blameless MJM Magic, along with any companies that own or control us, any businesses that work closely with us, our partners, officers, directors, managers, temporary workers, people who license things to us, companies that provide services to us, companies we hire to do specific jobs, those who supply things to us, interns, and employees. This protection applies to any claim or legal action, including reasonable costs for lawyers, brought by someone outside of MJM Magic because you broke these Terms of Service (or any documents they include) or because you violated any law or someone else's rights.

SECTION 15 - SEVERABILITY
If any part of this agreement (Terms of Service) is found to be illegal, invalid, or impossible to enforce, that part will still be enforceable as much as the law allows. The unenforceable part will be removed from this agreement, but the rest of the agreement will still be valid and enforceable.

SECTION 16 - TERMINATION
1. Responsibilities After Termination:
Any duties or financial obligations created before this agreement ends will continue to apply even after termination.
2. Ending This Agreement:
These Terms of Service will stay in effect until you or we decide to end them.
You can terminate this agreement by letting us know you no longer want to use our services (e.g., informing us or stopping your use of our site).
3. Termination by Us:
If we believe, in our sole judgment, that you haven't followed (or might not have followed) any part of these Terms of Service, we can also terminate this agreement at any time, without prior notice. In this case, you'll still be responsible for any fees owed up to the termination date. Additionally, we may restrict your access to all or part of our Services.

SECTION 17 - ENTIRE AGREEMENT
1. Our decision not to immediately enforce any rule or right within these Terms of Service does not mean we give up that right.
2. These Terms of Service, along with any policies or rules we post on this site or related to the Service, form the complete agreement between you and us. They govern your use of the Service and replace any prior agreements, discussions, or proposals, whether spoken or written, between you and us (including, but not limited to, any earlier versions of the Terms of Service).
3. If any part of these Terms of Service seems unclear, the interpretation should not favor the party who wrote them.

SECTION 18 - GOVERNING LAW
This agreement, along with any additional agreements outlining the Services we provide, shall be governed by and construed in accordance with the laws of the United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE
The latest version of our Terms of Service is always available for your review on this page.
We may occasionally update, modify, or revise these Terms of Service. These updates will be posted on our website. To stay informed, we recommend checking our website periodically. By continuing to use our website or service after any changes are posted, you agree to those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at customerservice@mjmmagic.com