Magix Terms of Use

By enrolling as an Affiliate of Magix Corporation (“Magix”, “Company,”) receiving or using product (“Product”) or service (“Service,”) or visiting or using a Magix web site (the "Web Site"), or any co-branded and/or linking site, the user ("User") agrees to be bound by these Terms of Service and that such agreement constitutes a binding contact between User and Magix. If User does not wish to be bound by these Terms of Service, the User should not subscribe to or use any of the Company’s Product or Service, and refrain from visiting or using a Magix Web Site.

Magix reserves the right to change these Terms of Service from time to time at its sole discretion. In the case of any violation of the Terms of Service, the Company reserves the right to seek all remedies available by law and in equity for such violations. These Terms of Service apply to all versions, distributions, deliveries, assignments, and uses of Product and Service, including leads and other data and information, as well as visits to and use of a Magix Web Site, both now and in the future.  The Company may enforce this agreement in whole or in part, and in the event that any part of this agreement is determined to be invalid, the other parts will remain in force.

General Disclaimer
Although Magix has made reasonable efforts to ensure accurate information in its Product and Web Site, the Company assumes no responsibility for the accuracy of the information. MAGIX PROVIDES THIS PRODUCT, SERVICE AND WEB SITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. THE COMPANY FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE FUNCTIONS CONTAINED IN THIS PRODUCT, SERVICE OR WEB SITE OR ITS CONTENT OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability
MAGIX SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS PRODUCT, SERVICE OR WEB SITE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE. THIS PROVISION IS SUBJECT TO POSSIBLE LIMITATION UNDER STATE LAW.

Indemnification
User agrees to indemnify and hold harmless Magix, at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User's negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.

Restrictions on Use of Material
The subscription to the Magix services is intended for individual or private use only. The commercial resale, electronic extraction or reformatting of information by any subscriber in any capacity without prior written consent, is strictly prohibited and a material condition to the use of the Magix Service. The Company reserves the right to immediately terminate any account which is being used in such activity. The reposting, manipulation or display of data obtained through the Magix Product, Service or Web Site is strictly prohibited.. In the event that any subscriber is determined to be engaged in any activities prohibited in this section, the Company may seek injunction in any court located in Washington State and the subscriber, through the use of this Product, Service or Web Site, consents to the jurisdiction of said courts and shall and agrees to be liable for all attorneys fees incurred as the result of any enforcement of any injunction for legal action related to any wrongful action referenced herein.

User's Code of Behavior
Any information provided to Magix must be true, complete and accurate, must not represent you as someone else or falsely identify any third party, and must not violate any law, statute, ordinance or regulation.

By subscribing to the Magix service, User agrees not to disclose any assigned access codes, including passwords and usernames to others. User also agrees not to distribute the information contained in the Product, Service or Web Site to any person or organization, by any means, printed, electronic or other.

User understands that the recurring fee to receive Product will be automatically billed to the credit card listed given to the Company until User decides to cancel. In the event of a free trial period, regardless of period length, billing will automatically start if User does not cancel during the free trial period. User also understands that after the expiration of the free trial period, User may continue to access the Company’s database and receive Product and Service as long as User’s account is current. User also agrees to pay the recurring charge and will be automatically billed to the credit card listed given to Magix until User decides to cancel. User may use a free trial period one time only.

Cancellations
User understands that to cancel service, user must contact Magix via email (magixsupport@realtytrust.org) to inform the Company of intent to cancel subscription and service. 

Full refunds for fees charged and/or collected will only be approved if the cancellation of service occurs within the allotted timeframe for refund qualification, as defined by the Company, in which case the entirety of the fees charged and/or collected for the billing period will be returned to the User. Currently, the refund period is defined by the business days immediately following the signup date, and is determined to be three (3) business days for a monthly, quarterly, semi-annual and annual billing schedule.  Magix does not prorate or by any other means determine, allocate or distribute partial refunds based on remaining duration of service after cancellation. The only exception is the cancellation of an annual billing schedule, where Magix will distribute prorated refunds based on remaining duration of service after cancellation, except for $350.00, which is considered a cancellation fee for annual billing schedules. Refunds will not be issued to a User based upon their personal views or opinions of Magix. This includes the quality of content, delays in deliveries, or related matters. Users have the option to cancel (see "Cancellations") within a free trial period, if a free trial has been offered. Any exceptions to this policy are at the sole discretion of the Company. 

Magix will not be held responsible for charges incurred due to User inputting an invalid or incorrect email address when signing up. Furthermore User's non-use of the Product and Service or Web Site, misplaced or lost access codes, shall not justify User receiving any refund for any services charged.

Authorization, Credit Cards, Debit Cards, ACH Transactions
By signing up for a free trial or for any direct service provided by Magix and by providing either credit card, debit card or ACH transaction information, the User consents to the subsequent recurring billing for services/access provided by the Company after the expiration of any free trial period to the extent said period is applicable or in the event a free trial is not applicable, User consents to recurring billing for services/access provided on an ongoing basis. Such recurring billing shall continue until such time as the User cancels the service in accordance with the cancellation policy.

No Partnership or Agency
User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and Magix as a result of subscription to Product or Service or use of the Web Site.

Governing Law
The contents of this Product, Service and Web Site and any claims related to them are governed by the laws of the State of Washington, without reference to its conflict of laws rules. User consents to the exclusive jurisdiction of the state and Federal courts located in Seattle, Washington, and User waives to the fullest extent allowed by law the defense of an inconvenient forum to the maintenance of any action or proceeding.

Entire Agreement
By subscribing to the Magix service, I agree not to disclose my access code to others. I also agree not to distribute the information contained in the Company Product, Service or Web Site to any person or organization, by any means, printed, electronic or other.

The above Terms of Service constitute the entire and only agreement between User and Magix on the matters described.