These pages contain the Terms of Service (hereafter "Agreement") governing use of this GrantWritingMagic.com website. These Terms of Service are binding on all users. Users should visit this page periodically to review its contents for updates and changes.
I understand that this consumer transaction involves a negative option and that I may be liable for payment of future goods and services, under the terms of this agreement, if I fail to notify the supplier not to supply the product or services described within 10 days from the date of purchase.
For purposes of this Agreement, "Grant Writing Magic" refers to this corporation, and "Grant Writing Magic" © 2010 refers to the publication available for purchase on this GrantWritingMagic.com web site. The terms "We", "us" and "our" refer to Grant Writing Magic The Term "you" refers to Users of this GrantWritingMagic.com web site.
1. Grant Writing Magic is incorporated in the State of Utah. Our purpose is to provide education and information about grants from public and private sectors for all entities and individuals wishing to apply for such grant funding and to educate such grant applicants through its publication, Grant Writing Magic, which is accessible and available for purchase solely from this GrantWritingMagic.com web site.
2. By accepting this Agreement as outlined herein, User indicates to GrantWritingMagic.com that you have read and understand all terms and conditions contained in this Agreement, and agree to comply with them when using this GrantWritingMagic.com web site, including our publication as covered and described herein.
3. Grant Writing Magic reserves the right to update or modify these Terms of Service at any time, in our sole discretion and/or according to new circumstances that may arise as result of legal, market, technological or other change. Consequently, we encourage all Users to review this Agreement frequently to ensure your continued understanding, knowledge, acceptance, and compliance with them.
4. User has read, understands and agrees to all Legal Disclaimers on this GrantWritingMagic.com web site and in Grant Writing Magic publication.
5. Any user who does not accept or and agree to abide by all of the Terms of Service as listed herein does not have the legal right to use this GrantWritingMagic.com web site.
6. User Identification and Verification
Grant Writing Magic and GrantWritingMagic.com do not have the resources to confirm and verify the identity of every User of this web site. We can only confirm and verify that you are an authorized user of a particular credit card used to purchase our publication.
User understands and acknowledges that Grant Writing Magic cannot verify user's identity, and agrees GrantWritingMagic.com shall not be responsible for confirming user's identity when using this web site or making a purchase on this web site. See also our Privacy Policy and the Corporate Liability Limitations provision #12A of this Agreement.
7. Appropriate and Permitted Use of this GrantWritingMagic.com Website
Users may not, under any circumstances, use this GrantWritingMagic.com website to contribute, post or transmit any material of an infringing, threatening, abusive, hateful, harassing, libellous, inflammatory, obscene, indecent, pornographic, profane nature that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law.
8. Payments and Payment Processing
A. Grant Writing Magic uses a merchant account to process payments.
B. All payments for purchase of Grant Writing Magic are made on-line.
C. Charges will appear on your credit card statement from Grant Writing Magic
D. User understands and agrees all questions regarding your purchase and payment for this publication shall be directed to our Secure Contact Form.
E. Grant Writing Magic is not responsible for payment transactions, processing or any communications between you as a user and purchaser of our publication (Grant Writing Magic) and merchant account or User's credit card.
9. Online Resource Center 10 Day Free Trial
D. To cancel the 10 Day FREE trial the user will need to send an email support@grantwritingmagic.com before midnight of the 10th day. The email must include the following information to be canceled:
First name, last name, shipping address, city, state, zip code, phone number, email address, date of purchase, type of payment used, last 4 digits of the credit card number used.
B. The user will continue to be billed for $7.95 each month there after unless the user emails My Web Agenda using our Secure Contact Form.
C. If the user cancels their 30 day FREE trial into My Web Agenda before the 30 days are up, the user will not be billed $7.95 or any charges thereafter.
D. To cancel the 30 Day FREE trial the user will need to send an email support@mywebagenda.com before midnight of the 28th day. Please email 2 days prior to the trial end date to allow enough time for your account to be cancelled. The email must include the following information to be canceled:
First name, last name, shipping address, city, state, zip code, phone number, email address, date of purchase, type of payment used, last 4 digits of the credit card number used.
11. Refund Policy for Online Membership and Shipping and Handling
A. Grant Writing Magic’s Refund Policy is as follows. We will refund users on a case by case basis at our sole discretion. Normally a monthly membership charge will be refunded in full for the last month’s charge if the account is canceled within 5 days of that charge. After that a pro-rated refund may be given at our sole discretion. Refunds for charges older than one month will not be given. Users agree to this policy by ordering the Grant Writing Magic program. To cancel your membership, simply call us at 800-895-0431 and talk to one of our customer service representatives about your account.
B. User understands and agrees that Grant Writing Magic does not refund for shipping and handling charges unless the user orders more than one FREE CD. User understands and agrees that if the user receives a broken FREE CD then Grant Writing Magic will replace it for FREE. User must send in the broken or defective FREE CD to Grant Writing Magic company address and a new replacement CD will be shipped to the user.
12. Guarantee
A. Grant Writing Magic makes no guarantee that you will receive a grant from any of the organizations listed in our directories.
B. Our information, grant specialists and other staff make every effort to prepare you to make the best possible match and application for your grant purpose, but there is no guarantee of receiving any funds.
C. Grant Writing Magic does not directly issue grants and provides information solely for educational purposes.
13. Indemnification and Hold Harmless
A. User agrees to indemnify and hold harmless Grant Writing Magic, its officers, directors, employees, agents, affiliates and representatives from and against any claim, cause of action or demand, including but not limited to reasonable legal, accounting and other professional fees that may result from your use of our website services or your breach of these Terms of Service.
B. Grant Writing Magic will notify users of any such claim, suit or proceeding in a timely manner.
C. User acknowledges and agrees that GrantWritingMagic.com's services. User agrees that, should any dispute with a third party result from or arise in connection with any use of this web site or our publication or services, User will indemnify and hold harmless Grant Writing Magic its employee, representatives, agents or others acting on its behalf, from any liability resulting from any legal action, claim or dispute arising from our in connection with User's use of GrantWritingMagic.com's services under this Agreement.
14. Corporate Liability Limitations
A. User understands and acknowledges that we have no control over the quality, safety or legality of the content or information submitted by users on this GrantWritingMagic.com web site. Because it is not feasible to authenticate users on the Internet; Grant Writing Magic cannot and does not verify or confirm that each user is, in fact, who he or she purports to be. (see also #6, Verification and Certification, herein)
B. User agrees to release Grant Writing Magic, its agents, employees and affiliates from any or all claims, demands and damages - actual and consequential, direct and indirect, express and implied - of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, any disputes between or among users of this GrantWritingMagic.com web site and services..
C. Grant Writing Magic shall not be responsible for any inaccuracies or typographical errors, and does not make any representation about the accuracy, reliability, completeness or timeliness of either our website or the material contained on it.
D. Grant Writing Magic expects and assumes that users will exercise caution and demonstrate common sense when using this GrantWritingMagic.com website.
E. Anyone using this GrantWritingMagic.com website and its content does so at his or her own risk. The user is solely responsible for the content submitted on any and all forms or documents available to user on the GrantWritingMagic.com website.
F. Although we make every effort to provide timely and accurate information, the law is constantly changing. Users of this GrantWritingMagic.com web site are solely responsible for the accuracy and correctness of all information they provide to complete any documents and forms on this web site.
15. Limited Liability
User understands and agrees that Grant Writing Magic.Inc., its officers, employees, agents, partners, and others acting on its behalf, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Grant Writing Magic has been advised of the possibility of such damage(s), resulting from: (a) the use or inability to use this web site; (b) unauthorized access to or alteration of your transmissions or data; (c) any statements or conduct made by any third party; or (d) any other matter relating to this GrantWritingMagic.com web site or Grant Writing Magic publication.
16. Liability Disclaimer - Computer Software and Internet Communications
A. User agrees that Grant Writing Magic shall not be held responsible for late, lost, incomplete, illegible, misdirected or stolen email, unavailable network connections (cable or phone modem), failed, incomplete, garbled or delayed data transmissions, online failures, hardware, software or other technical malfunctions, disruptions or disturbances or any other communications failures or circumstances that may affect, disrupt or corrupt communications.
B. Grant Writing Magic assumes no responsibility, and shall not be held liable for, any damages to, or viral infection of, your computer system, network or other property on account of your access to, browsing of or use of our website or the downloading of any materials, data, text, graphics, or other material. Any material that you download or otherwise obtain through our service or web site is done at your own risk and discretion. User is solely responsible for any damage to user's computer system or any loss of data that may result from the downloading of such material.
C. Under no circumstances, will Grant Writing Magic be liable for any injury, loss, claim, damage or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits, savings, goodwill, use, data or other intangible losses), whether based in contract, tort, strict liability or otherwise, which may arise out of or in any way whatsoever connected to the use of or access to our website content or services, any failure, delay or inability to use our service, cost of procurement of substitute services, unauthorized access to/alteration of your transmissions or data, statements or conduct of any third party on the service, whether or not we are advised of the possibility of such damages by you or another party.
D. User understands and agrees that Grant Writing Magic Inc.'s entire liability, and user's exclusive remedy with respect to any services rendered by Grant Writing Magic or GrantWritingMagic.com under these Terms of Service and any breach of these Terms of Service, is solely limited to the total amount paid to Grant Writing Magic for purchase of the Grant Writing Magic publication.
17. Warranty Disclaimer
A. Except as explicitly provided in this Agreement, Grant Writing Magic makes no representations or warrantees of any kind, express or implied, concerning our website and/or its materials, all of which are provided on an "as is" and "as available" basis.
B. Grant Writing Magic expressly disclaims all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, as well as those arising by statute or otherwise in law or from a course of dealing or usage of trade.
C. No information, either verbal or written, that user may obtain through GrantWritingMagic.com or its publications, including but not limited to Grant Writing Magic, shall create any warranty that is not expressly stated in these Terms of Service.
18. Breach, Revocation and Right of Refusal
A. Failure to abide by any of the Terms of this Agreement may be considered as a material breach of contract. In such case, we reserve the right to immediately terminate or deny User the right to use our services.
B. Grant Writing Magic reserves the right to cancel, deny or refuse service at our sole option and discretion in the event that you have supplied us with information that we find to be false, misleading or that conceals or omits any details that could influence the services we provide to you.
C. User understands and agrees that Grant Writing Magic shall not be held liable for any losses or damages that may result from our refusal to provide you our services.
D. Grant Writing Magic may act, at its sole discretion, with respect to user-submitted information that we deem necessary or appropriate if we believe it may result in potential liability for us or that it may cause us to lose, in whole or in part, the services of Grant Writing Magic's Internet Service Provider (ISP) or other suppliers.
19. Changes, Revisions and Modifications
Grant Writing Magic reserves the right to revise these Terms of Service and change the services provided under this Agreement. User acknowledges that any such revision or change will be binding and will take effect immediately upon posting. User understands that, by continuing to use our services following such notice. User must abide by those revisions and changes.
20. Privacy of User Information
A. Grant Writing Magic is committed to protecting the privacy of our users. All information submitted to Grant Writing Magic through our GrantWritingMagic.com website is held in strictest confidence pursuant to our Privacy Policy.
B. User hereby acknowledges that you have read our GrantWritingMagic.com web site Privacy Policy and that you understand and agree to its terms.
C. By agreeing to our Privacy Policy User provides your consent for Grant Writing Magic to use your personal and financial information as set out in our Privacy Policy.
D. Please review our Privacy Policy for further information.
21. Web Site Security and Security of User Information
A. Data Security
1. Grant Writing Magic takes appropriate and necessary measures to protect all data that contains information related to you.
2. User hereby waives all claims of any nature against Grant Writing Magic or GrantWritingMagic.com concerning the loss, alteration, or misuse of any such data or information.
B. Although we take every effort to ensure safe use of this web site, we recommend that you install a firewall and antivirus program on your computer.
C. Cookies
In order to maximize your surfing experience, User/Member agrees to follow these instructions regarding cookies:
1. Set your firewall and A/V security to accept all cookies from GrantWritingMagic.com.
D. Grant Writing Magic, through this GrantWritingMagic.com web site, provides all Users with a secure environment for use of our services. This GrantWritingMagic.com website is hosted on a secure server to ensure that all financial transactions are secure.
E. Anti-Spam Policy
1. Grant Writing Magic does not tolerate spam in any form.
2. By providing information to this GrantWritingMagic.com website that forms the basis of our communication with you, such as your email address, you waive all rights to file complaints concerning unsolicited email or spam from this website since, by providing such information, you agree to receive communication from us or other marketing organizations.
3. However, all such email communication with you shall contain an 'unsubscribe' link where you may notify the website that you no longer wish to receive solicitations or information from the website and your name will be removed from the general solicitation database.
4. User understands and agrees that we consider any spamming by User to be a breach of these Terms of Service, and will result in User's account being frozen by Grant Writing Magic
5. Any User who receives SPAM from another GrantWritingMagic.com user or customer should report this to Grant Writing Magic immediately by e-mail to support@grantwritingmagic.com
If it is proven that any User or client engages in spam activity then Grant Writing Magic will hold that User or client's account, notify them of the problem immediately, and enforce our anti-spam policy to the full extent as provided by law.
F. Anti-Phishing Policy
1. E-mail "spoofing" or "phishing" allows hackers to send messages to people with information that looks like it came from the official company, such as Grant Writing Magic or GrantWritingMagic.com.
2. User understands and agrees that it is possible for your personal data to be obtained by others, as "hackers," and "phishing" used in an inappropriate manner that may cause you harm.
3. Such practices are illegal and Grant Writing Magic will enforce and prosecute identified offenders to the full extent provided by law.
4. Grant Writing Magic, its employees, or representatives acting on its behalf will never request your password, name, address, or other such information.
5. User shall be solely responsible for any damages you may incur as a result of such "hacking" or "phishing".
G. Users are prohibited from engaging in any activity that violates or attempts to violate the security of this GrantWritingMagic.com website, including (but not limited to): accessing data not intended for your use; logging into servers or accounts for whose use you are not authorized; trying to probe, test or scan the system or network's vulnerability or to breach security measures or authentication procedures without authorization; attempting to interfere with service to any user, host or network, submitting a virus, worm, or any other software, overloading the system, "crashing" or "spamming"; sending unsolicited email, including promotions/ advertisements of products or services; falsifying any TCP/IP packet header or any part of the header information in any email or newsgroup posting or impersonating someone else.
H. Users are further prohibited from using any software, device, search engine or other action that may interfere with the proper functioning of this website or any business activity being conducted on it.
I. Navigating or searching this website by any means other than the navigation tools provided on our GrantWritingMagic.com web site or by such reputable third-party web browsers is prohibited.
J. Any attempt to decipher, decompile, reverse engineer or otherwise interfere with any of the software is prohibited.
K. Any security violations of our computer and internet system or network may result in civil or criminal prosecution. Grant Writing Magic will investigate and/or report any and all such occurrences to the proper law enforcement authorities and cooperate fully with them in prosecuting users who perpetrate or participate in such violations. Anyone engaging in such prohibited activity shall be held responsible and liable for any and all damages that may result from such prohibited activity to Grant Writing Magic and any of its employees, agents or representatives; any other users of this GrantWritingMagic.com web site or other parties that may be adversely affected by such prohibited activity.
22. Termination
Grant Writing Magic reserves the right, at its sole discretion, to pursue all available legal remedies if any User is found to be in breach of these Terms of Service.
23. Severability
In the event that any provision of these Terms of Service is determined to be unenforceable, invalid, unlawful or void, by any court having competent jurisdiction, then said provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
24. Disputes and Dispute Resolution
A. User hereby agrees to use binding arbitration for any claim, dispute, or controversy of any kind, whether in contract, tort or otherwise, arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.
B. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association, which are in effect on the date a dispute is submitted to the American Arbitration Association. Hearings will take place in Laramie County, Wyoming.
C. The arbitrator's decision will be final and binding with limited rights of appeal.
D. The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
25. Governing Law and Consent to Jurisdiction
This Agreement and its performance are governed by the laws of the State of Wyoming. User hereby consents and submits to the exclusive jurisdiction of the Courts located in the State of Wyoming to resolve all disputes that may arise out of or are related to the use of Grant Writing Magic under this Agreement. User agrees that the applicable law to be applied shall, in all cases, be that of the state of Wyoming.
26. Entire Agreement
These Terms of Service constitute the entire agreement between User and Grant Writing Magic with respect to your use of this www.GrantWritingMagic.com web site.
27. Online Services Free Trial
Billing Policy
User understands the 10-day free trial is provided as a bonus to everyone that orders our program. This includes online resources and training to help you through your search for funding and tools to help you change your financial future. We update the sites continually with valuable content to make sure you have the tools you need. You can cancel your membership at any time by emailing as outlined in terms and conditions. If you do not cancel your membership by the end of the trial period, your membership will automatically renew and your credit card will be charged monthly thereafter no more than $69.90. Charges will appear on your credit card statement from Grant Writing Magic. Monthly charges will end as soon as we receive your request for cancellation. No monthly fees will be charged if the request for cancellation is received prior to the end of the 10 day.