Information on this web site is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on this web site for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. For any products or services purchased from this web site, you should read carefully all product packaging and instructions. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this web site. Information provided on this web site and the use of any products or services purchased from our web site by you DOES NOT create a doctor-patient relationship between you and anyone affiliated with our web site. Information and statements regarding dietary supplements or skin care products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
“Near Magic Remedies,” and all logos, page headers, custom graphics and icons are trademarks and/or service marks owned by Near Magic Remedies. All other trademarks, product names, and company names and logos appearing on our web site are the property of their respective owners.
Our web site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this web site for the sole purpose of placing an order with http://www.nearmagic.tv. Except as provided in the preceding sentence or as permitted by the fair use privilege under the United States copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content on this web site, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited. If you violate any of these terms, your permission to use the Content will automatically terminate and you must immediately destroy any copies you have of any portion of the Content.
You will receive a password and account designation after you have completed your membership application form and provided the required account information. You agree to maintain the security of your account on our web site, including the confidentiality of your password and other account information, and you are fully responsible for all activities that occur under your password or account, including all charges resulting from unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
Any conduct by you on our web site that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying our web site will not be permitted. You agree to use our web site only for lawful purposes. You are prohibited from posting on or transmitting through our web site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our web site, use of our web site, or access to our web site. You agree not to access our web site by any means other than through the interface provided by us for use in accessing our web site. You understand that the robots.txt file is the only means by which robots are authorized to access our web site. You agree not to violate any of the robot access policies.
You hereby acknowledge that any violation of any of our policies may result in termination of your access to our web site, deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or our web site, without prior notice.
Due to the nature of the internet, we cannot prohibit minors from visiting our web site. However, all purchases of goods or services on our web site must be made by adults 18 years of age or older, and all users who register with our web site must be 18 years of age or older or provide parental consent.
This web site is provided for your use on an “as is,” “as available” basis. We, along with our affiliates, officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like (collectively, “associates"), do not make any representations or warranties of any kind, express or implied, with respect to our web site or its Content, including, without limitation, the products, services or information offered or sold on or through our web site or any other web site to which our web site links and the uninterrupted or error-free use of our web site. We expressly disclaim all such representations and warranties, including, without limitation, all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement to the fullest extent permitted by law. We do not warrant that our web site or files available on our web site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral advice or written information provided by us or our affiliates shall create a warranty of any kind. Your use of this web site and any site linked to our web site is expressly at your own risk.
All information contained on our web site, including information relating to medical and health conditions, products and treatments, is for informational purposes only, and not as medical advice. Such information is often presented in summary or aggregate form and is not meant to be a substitute for the advice provided by your physician or other medical professional(s) or for any information contained on or in any product packaging or labels. You should not use the information contained on this web site for the diagnosis of a health problem or the prescription of medication.
You should always consult your physician and medical advisors before purchasing or using any products, services or information available on our web site. In addition, you should carefully read all information provided by the manufacturers of the products or in the product packaging and labels before using any product purchased from our web site. Information provided on this web site and the use of any products or services purchased from our web site by you DOES NOT constitute a doctor-patient relationship between you and anyone affiliated with our web site. Information and statements regarding dietary supplements or skin care products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
Further, we explicitly disclaim any responsibility for any product or service or the accuracy, content, or availability of information found on other web sites that contain links to or from our web site. Because some web sites employ automated search results or otherwise link you to web sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party web sites, and you hereby irrevocably waive any claim against us with respect to such web sites.
Price and availability information on our web site are subject to change without notice.
Under no circumstances shall we or any other party involved in creating, producing, or distributing our web site be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (I) any delay, failure, interruption or corruption of our web site or any data or information transmitted in connection with the use of this web site. (II) personal injury or death caused by your use or misuse of our web site, (III) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from our web site (IV) unauthorized access to or alteration of your transmissions or data, (V) statements or conduct of any third party on our web site, or (VI) any other matter relating to our web site. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through our web site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.
Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through our web site.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including, but not limited to, the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Content derived from our web site to either a foreign national or a foreign destination in violation of such laws.
We may elect to electronically monitor areas of our web site. We are not responsible for screening, policing, editing, or monitoring Content on our web site. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine, in our sole discretion, whether to remove or request the removal of such Content from our web site. We may terminate your access, or suspend your access to all or part of our web site, without notice, for any conduct that we believe, in our sole discretion, is in violation of any applicable law or is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.
We control our web site from our offices within the United States. We make no representation that the Content on our web site is appropriate, legal or available for use in other locations. Those who choose to access our web site from other locations do so, on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of United States export laws and regulations. Any claim relating to our web site, the services provided through our web site or the Content shall be governed by the internal laws of the state of New Mexico, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in Albuquerque, New Mexico.
All funding and support for this web site is provided by Near Magic Remedies, a private entity.
At this time, we do not display any advertisements on our web site. If we do so in the future, we will clearly identify those items which are advertisements separately from those items which contain editorial content.
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on our web site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
Identification of the URL or other specific location on our web site where the material that you claim is infringing your copyright interest is located;
Your address, telephone number, and email address;
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;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
COPYRIGHT NOTICE Copyright © 2008-2014 Near Magic Remedies, doing business as www.nearmagic.tv. All rights reserved. Any rights not expressly granted herein are reserved.
These terms of service were last updated on July 19, 2014.
Why do you receive email from us?
If you received a mailing from us, (a) your email address is either listed with us as someone who has expressly shared this address for the purpose of receiving information in the future ("opt-in"), or (b) you have registered or purchased or otherwise have an existing relationship with us. We respect your time and attention by controlling the frequency of our mailings.
How we protect your privacy
We use security measures to protect against the loss, misuse and alteration of data used by our system.
Sharing and Usage
We will never share, sell, or rent individual personal information with anyone without your advance permission or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information.
How can you cancel your account and stop receiving email from us?
Each email sent contains an easy, automated way for you to cease receiving email from us, or to change your expressed interests. If you wish to do this, simply follow the instructions at the end of any email. If you have received unwanted, unsolicited email sent via this system or purporting to be sent via this system, please submit a help ticket.
How to cancel your entire Near Magic Shopping Account
If you wish to stop receiving email from us and cancel your entire shopping account, please email using our ticket support system. All information obtained from you will be immediately and securely deleted from our system.
This policy was updated on July 19, 2014.