I. LAST UPDATED: July 22nd, 2019
PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
SITE. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR
USE OF THE SITE AND PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE.
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION
WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.
II. Introduction
Welcome!
You have arrived at a web site that is provided by megaenergysaver.com
(“Company” or “we,” “our” or “us“). These Terms and Conditions (“Terms“)
govern your use of megaenergysaver.com(including, without limitation, both
mobile and online versions of our sites), and also applies to your use
of all features, applications, content, downloads and other services
that we make available through the sites and/or that post a link to
these Terms (collectively, referred to herein as the “Site“). By using
the Site, you agree to follow and be bound by these Terms and agree to
comply with all applicable laws and regulations. In these Terms, the
words “you” and “your” refer to each customer or Site visitor.
It
is your responsibility to review these Terms periodically. If at any
time you find these Terms unacceptable or if you do not agree to these
Terms, please do not use this Site. The business realities associated
with operating the Site are such that, without the conditions that are
set forth in these Terms – such as your grants and waivers of rights,
the limitations on our liability, your indemnity of us, and arbitration
of certain disputes – Company would not make the Site available to you.
In
some instances, both these Terms and separate guidelines, rules, or
terms of use or sale setting forth additional or different terms and/or
conditions will apply to your use of the Site or to a service or product
offered via the Site (in each such instance, and collectively ”
Additional Terms“). To the extent there is a conflict between these
Terms and any Additional Terms, the Additional Terms will control unless
the Additional Terms expressly state otherwise.
YOU
AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST EIGHTEEN
(18) YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
III. Table of Contents
It is important that you read and understand these entire Terms before using the Site.
- Privacy Policy: By using the Site, you acknowledge and accept the Site’s Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy
- Site Content, Ownership, Limited License and Rights of Others: We only grant you a limited revocable license to use the Site for your own non-commercial use subject to rules and limitations.
- Site and Content Use Restrictions: Your use is subject to our rules.
- Terms Applicable to Purchases: If you purchase goods or services through our ecommerce store, these terms apply.
- Feedback You Submit: You
grant us a broad license, which we may sublicense, to the content or
feedback you submit, which you represent you have the right to allow us
to use.
- Notices, Questions and Customer Service: You
agree that we may provide you notices, including notices of new terms
and conditions, by posting notice on the home page of the Site or by
other reasonable means, such as to the email you provided.
- Links by You to the Site: You may link to our Site, subject to some basic rules.
- Linked-To Websites; Advertisements; Dealings with Third Parties: We are not responsible for third parties or their content, advertisements, apps or sites.
- Wireless Features: Wireless carrier charges may apply to use of the Site via wireless networks or Devices.
- Dispute Resolution: You agree to arbitrate most disputes and waive jury trial and class actions.
- Disclaimer of Representations and Warranties: We disclaim most warranties and provide the Site “As Is”.
- Limitations of our Liability: Our liability is greatly limited.
- Waiver of Injunctive or Other Equitable Relief: You waive equitable or injunctive relief.
- Updates to Terms: These
Terms and Additional Terms posted on the Site at each time of use apply
to that use, and the Terms may be prospectively updated as our Site
evolves. Posting of new terms on the Site is notice to you thereof.
- General Provisions: You agree to various other terms and conditions.
Full Details of Terms and Conditions
- Privacy Policy: A complete statement of the Site’s current Privacy Policy can be found by clicking here.
the Site’s Privacy Policy is expressly incorporated into this Agreement
by reference. In connection with the use of certain Site’s products or
services, you may be asked to provide personal information in a
questionnaire, application, form or similar document or service. This
information will be collected pursuant to our Privacy Policy.
- Site Content, Ownership, Limited License and Rights of Others: Content: The
Site contains a variety of: (i) materials and other items relating to
Company, Company’s products and services, and similar items from our
licensors and other third parties, including all layout, information,
articles, reviews, posts, text, data, files, images, scripts, designs,
graphics, button icons, instructions, illustrations, photographs, audio
clips, music, sounds, pictures, videos, advertising copy, URLs,
technology, software, interactive features, the “look and feel” of the
Site, and the compilation, assembly, and arrangement of the materials of
the Site and any and all copyrightable material (including source and
object code); (ii) trademarks, trade dress, logos, trade names, service
marks, and/or trade identities of various parties, including those of
Company (collectively, “Trademarks“); and (iii) other forms of
intellectual property (all of the foregoing, collectively ” Content“). Ownership: The
Site (including past, present and future versions) and the Content are
owned or controlled by Company and our licensors and certain other third
parties. All right, title, and interest in and to the Content available
via the Site is the property of Company or our licensors or certain
other third parties, and is protected by U.S. and international
copyright, trademark, trade dress, patent, or other intellectual
property and unfair competition rights and laws to the fullest extent
possible. Company owns the copyright in the selection, compilation,
assembly, arrangement, and enhancement of the Content on the Site. Limited License:
Subject to your strict compliance with these Terms and the Additional
Terms, Company grants you a limited, non-exclusive, revocable,
non-assignable, personal, and non-transferable license to download
(temporary storage only), display, view, use, play, and/or print one
copy of the Content (excluding source and object code in raw form or
otherwise, other than as made available to access and use to enable
display and functionality) on a personal computer, mobile phone or other
wireless device, or other Internet enabled device (each, a “Device“)
for your personal, non-commercial use only. The foregoing limited
license: (i) does not give you any ownership of, or any other
intellectual property interest in, any Content, and (ii) may be
immediately suspended or terminated for any reason, in Company’s sole
discretion, and without advance notice or liability. In some instances,
we may permit you to have greater access to and use of Content, subject
to certain Additional Terms. Rights of Others:
When using the Site, you must respect the intellectual property and
other rights of Company and others. Your unauthorized use of Content may
violate copyright, trademark, privacy, publicity, communications, and
other laws, and any such use may result in your personal liability,
including potential criminal liability.
- Site and Content Use Restrictions: Site Use Restrictions:
You agree that you will not: (i) use the Site for any political or
commercial purpose (including, without limitation, for purposes of
advertising, soliciting funds, collecting product prices, and selling
products); (ii) use any meta tags or any other “hidden text” utilizing
any Trademarks; (iii) engage in any activities through or in connection
with the Site that seek to attempt to or do harm any individuals or
entities or are unlawful, offensive, obscene, lewd, lascivious, filthy,
violent, threatening, harassing, or abusive, or that violate any right
of any third party, or are otherwise objectionable to Company; (iv)
reverse engineer, decompile, disassemble, reverse assemble, or modify
any Site source or object code or any software or other products,
services, or processes accessible through any portion of the Site; (v)
engage in any activity that interferes with a user’s access to the Site
or the proper operation of the Site, or otherwise causes harm to the
Site, Company, or other users of the Site; (vi) interfere with or
circumvent any security feature of the Site or any feature that
restricts or enforces limitations on use of or access to the Site or the
Content; (vii) harvest or otherwise collect or store any information
(including personally identifiable information about other users of the
Site, including email addresses, without the express consent of such
users); (viii) attempt to gain unauthorized access to the Site, other
computer systems or networks connected to the Site, through password
mining or any other means; or (ix) otherwise violate these Terms or any
Additional Terms. Content Use Restrictions:
You also agree that, in using the Site: (i) you will not monitor,
gather, copy, or distribute the Content (except as may be a result of
standard search engine activity or use of a standard browser) on the
Site by using any robot, rover, “bot”, spider, scraper, crawler,
spyware, engine, device, software, extraction tool, or any other
automatic device, utility, or manual process of any kind; (ii) you will
not frame or utilize framing techniques to enclose any such Content
(including any images, text, or page layout); (iii) you will keep intact
all Trademark, copyright, and other intellectual property notices
contained in such Content; (iv) you will not use such Content in a
manner that suggests an unauthorized association with any of our or our
licensors’ products, services, or brands; (v) you will not make any
modifications to such Content; (vi) you will not copy, modify,
reproduce, archive, sell, lease, rent, exchange, create derivative works
from, publish by hard copy or electronic means, publicly perform,
display, disseminate, distribute, broadcast, retransmit, circulate or
transfer to any third party or on any third-party application or
website, or otherwise use or exploit such Content in any way for any
purpose except as specifically permitted by these Terms or any
Additional Terms or with the prior written consent of an officer of
Company or, in the case of Content from a licensor, the owner of the
Content; and (vii) you will not insert any code or product to manipulate
such Content in any way that adversely affects any user experience. Availability of Site and Content:
Company may immediately suspend or terminate the availability of the
Site and Content (and any elements and features of them), in whole or in
part, for any reason, in Company’s sole discretion, and without advance
notice or liability. Reservation of All Rights Not Granted as to Content and Site:
These Terms and any Additional Terms include only narrow, limited
grants of rights to Content and to use and access the Site. No right or
license may be construed, under any legal theory, by implication,
estoppel, industry custom, or otherwise. All rights not expressly
granted to you are reserved by Company and its licensors and other third
parties. Any unauthorized use of any Content or the Site for any purpose is prohibited.
- Terms Applicable to Purchases: Generally:
To purchase any products or services in the Company online store, you
must be at least eighteen (18) years of age or the applicable age of
majority in your jurisdiction of residence. Prior to the purchase of any
products or services, you must provide us with a valid credit card
number and associated payment information including all of the
following: (i) your name as it appears on the card, (ii) your credit
card number, (iii) the credit card type, (iv) the date of expiration,
and (v) any activation numbers or codes needed to charge your card. By
submitting that information to us or our third party credit card
processor, you agree that you authorize us and/or our processor to
charge your card at our convenience but within thirty (30) days of
credit card authorization. For any product or service that you order on
the Site, you agree to pay the price applicable (including any sales
taxes and surcharges) as of the time you submit the order. Company will
automatically bill your credit card or other form of payment submitted
as part of the order process for such price. Please note that we do not
provide price protection or refunds in the event of a price drop or
promotional offering. Methods of Payment, Credit Card Terms and Taxes:
All payments must be made through your Visa, MasterCard or Discover (if
available). We currently do not accept cash, personal or business
checks or any other payment form, although in the future we may change
this policy. Your card issuer agreement governs your use of your
designated card, and you must refer to that agreement and not these
Terms to determine your rights and liabilities as a cardholder. You
represent and warrant that you will not use any credit card or other
form of payment unless you have all necessary legal authorization to do
so. YOU, AND NOT COMPANY, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED
AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay
all fees and charges incurred in connection with your purchases
(including any applicable taxes) at the rates in effect when the charges
were incurred. Unless you notify Company of any discrepancies within
sixty (60) days after they first appear on your credit card statement,
you agree that they will be deemed accepted by you for all purposes. If
Company does not receive payment from your credit card issuer or its
agent, you agree to pay all amounts due upon demand by Company or its
agents. Sales taxes, or other taxes, customs, import/export charges, or
similar governmental charges are not included in the price of the
products. You are responsible for paying any such taxes or charges
imposed on your purchases, including, but not limited to, sales, use or
value-added taxes. Company shall automatically charge and withhold the
applicable tax for orders to be delivered to addresses within and any
states or localities that it deems is required in accordance with our
order policy in effect at the time of purchase. Return Policy:
All purchase transactions made through the Site are subject to
Company’s return policy and/or money back guarantee policy in effect at
the time of purchase. Order Acceptance Policy:
Your receipt of an electronic or other form of order confirmation does
not signify our acceptance of your order, nor does it constitute
confirmation of our offer to sell. Company reserves the right at any
time after receipt of your order to accept or decline your order for any
reason. Company further reserves the right any time after receipt of
your order, without prior notice to you, to supply less than the
quantity you ordered of any item. Your order will be deemed accepted by
Company upon our delivery of products or services that you have ordered.
We may require additional verifications or information before accepting
any order. Notwithstanding the foregoing, you agree that, if we cancel
all or a portion of your order or if we provide you less than the
quantity you ordered, your sole and exclusive remedy is either that: (a)
we will issue a credit to your credit card account in the amount
charged for the cancelled portion or the quantity not provided (if your
credit card has already been charged for the order) or (b) we will not
charge your credit card for the cancelled portion of the order or the
quantity not provided. Do not assume that a cancellation or change of an
order you have placed with Company has been effected until you receive a
confirmation from Company via email or the Site. As stated above, you
will be responsible for, and your credit card or third-party payment
account may be charged for, the payment of all fees associated with
orders already processed or shipped before your cancellation/change
request or a request to terminate your account was received. No Responsibility to Sell Mispriced Products or Services: We
do our best to describe every item, product or service offered on this
Site as accurately as possible. However, we are human, and therefore we
do not warrant that specifications or pricing on the Site is complete,
accurate, reliable, current, or error-free. In the event of any errors
relating to the pricing or specifications of any item, product or
service, Company shall have the right to refuse or cancel any orders in
its sole discretion. If we charged your credit card or other account
prior to cancellation, we will issue a credit to your account in the
amount of the charge. Additional terms may apply. If a product you
purchased from Company is not as described, your sole remedy is to
return it in unused condition, complete and undamaged, in the original
packaging. Modifications to Prices or Billing Terms:
The purchase of products and services on the Site is subject to
availability. PRODUCTS AND SERVICES DISPLAYED ON THE SITE MAY NOT BE
AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY
TIME. COMPANY RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND
BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON
THE SITE OR BY E-MAIL DELIVERY TO YOU.
- SMS: How it Works:
All new and existing customers agree to receive marketing emails from
megaenergysaver.com and may unsubscribe from such emails by clicking a link
contained in the email they receive. You may also be asked to opt-in to
receive text marketing messages to your phone. You may be asked to reply
to confirm your phone number and your email address. Text messages are
sent using autodialed technology to the wireless number you use to
subscribe. You do not have to sign up for this program in order to buy
goods or services. Message & data rates may apply.(i) Participant Requirements:
You must have a wireless device of your own capable of 2-way messaging,
be using a participating wireless carrier, and be a wireless service
subscriber with text messaging service. Not all cellular phone providers
carry the necessary service to participate. Check your phone
capabilities for specific text messaging instructions. (ii) Participant Opt-Out or Help:
To opt out of future messages at any time, text STOP or reply STOP to
any text message, contact us via e-mail publishing@megaenergysaver.com. To
receive help at any time, text HELP or reply HELP to any text message.(iii)Costs:
You will be charged the standard text messaging fee by your wireless
carrier for each message you send or receive, in accordance with the
terms of your cellular subscription plan. Message and data rates may
apply, depending on your individual wireless pricing plan, in accordance
with your wireless customer agreement. You are responsible for all
applicable taxes. Consult your wireless service provider regarding their
pricing plans. Participating Wireless Carriers: Alltel, AT&T,
Boost, U.S Cellular, Sprint, T-Mobile, Verizon Wireless, and Virgin
Mobile USA. The service is offered on an “as-is” basis and may not be
available in all areas at all times and may not continue to work in the
event of product, software, coverage or other changes made by your
wireless carrier. (iv) Rights Releases; No Warranties; Reservations:
By participating, you agree to release and hold harmless the Company
and participating wireless carriers (“Released Parties”) and their
respective representatives, agents, successors, assigns, employees,
members, officers and directors, from any and all liability, for loss,
harm, damage, injury, cost or expense whatsoever including without
limitation, property damage, personal injury and/or death which may
occur in connection with this Initiative, and for any claims based on
violation of law or infringement or violation of any rights of any
person or entity, including, without limitation, violation of publicity
rights, defamation, invasion of privacy. Released Parties are not
responsible for any printing, typographical, mechanical or other errors
in associated promotional materials in connection with this Initiative.
Participating wireless carriers and/or each of their respective
subsidiaries, affiliates, shareholders, officers, directors, agents,
representatives and employees are not responsible for this Initiative,
and none of them will have any liability or responsibility for any claim
arising in connection with participation in this Initiative. (v)The Released Parties
make no warranties, and hereby disclaim any and all warranties, express
or implied, concerning any offer furnished by third parties in
connection with this Initiative. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, AND THE RELEASED PARTIES HEREBY
DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND/OR
NON-INFRINGEMENT.
- Feedback You Submit : General:
Company may now or in the future offer users of the Site the
opportunity to post, upload, display, publish, distribute, transmit or
otherwise make available on or submit through the Site, messages, text,
files, comments, responses, information, content, results, reviews,
suggestions, personally identifiable information, or other information
or materials and the ideas contained therein (collectively, “User
Content“). Company may allow you to do this through contact us, email,
and other communications functionality. Subject to the rights and
license you grant in these Terms, you retain whatever legally cognizable
right, title, and interest that you have in your User Content and you
remain ultimately responsible for it. Non-Confidentiality of Your User Content: Except as otherwise described in the Site’s posted Privacy Policy
or any Additional Terms, you agree that: (a) your User Content will be
treated as non-confidential – regardless of whether you mark them
“confidential,” “proprietary,” or the like – and will not be returned;
and (b) Company does not assume any obligation of any kind to you or any
third party with respect to your User Content. Upon Company’s request,
you will furnish us with any documentation necessary to substantiate the
rights to such content and to verify your compliance with these Terms
or any Additional Terms. You acknowledge that the Internet and mobile
communications may be subject to breaches of security and that you are
aware that submissions of User Content may not be secure, and you will
consider this before submitting any User Content and do so at your own
risk. In your communications with Company, please keep in mind that we
do not seek any unsolicited ideas or materials for products or services,
or even suggested improvements to products or services, including,
without limitation, ideas, concepts, inventions, or designs for
websites, recipes, products or otherwise (collectively, “Unsolicited
Ideas and Materials“). Any Unsolicited Ideas and Materials you post on
or send to us via the Site are deemed User Content and licensed to us as
set forth below. In addition, Company retains all of the rights held by
members of the general public with regard to your Unsolicited Ideas and
Materials. Company’s receipt of your Unsolicited Ideas and Materials is
not an admission by Company of their novelty, priority, or originality,
and it does not impair Company’s right to contest existing or future
intellectual property rights relating to your Unsolicited Ideas and
Materials. License to Company of Your User Content:
Except as otherwise described in any applicable Additional Terms, which
specifically govern the submission of your User Content), you hereby
grant to Company, and you agree to grant to Company, the non-exclusive,
unrestricted, unconditional, unlimited, worldwide, irrevocable,
perpetual, and cost-free right and license to use, copy, record,
distribute, reproduce, disclose, sell, re-sell, sublicense (through
multiple levels), display, publicly perform, transmit, publish,
broadcast, translate, make derivative works of, and otherwise use and
exploit in any manner whatsoever, all or any portion of your User
Content (and derivative works thereof), for any purpose whatsoever in
all formats, on or through any means or medium now known or hereafter
developed, and with any technology or devices now known or hereafter
developed, and to advertise, market, and promote the same. Without
limitation, the granted rights include the right to: (a) configure,
host, index, cache, archive, store, digitize, compress, optimize,
modify, reformat, edit, adapt, publish in searchable format, and remove
such User Content and combine same with other materials, and (b) use any
ideas, concepts, know-how, or techniques contained in any User Content
for any purposes whatsoever, including developing, producing, and
marketing products and/or services. In order to further effect the
rights and license that you grant to Company to your User Content, you
also hereby grant to Company, and agree to grant to Company, the
unconditional, perpetual, irrevocable right to use and exploit your
name, persona, and likeness in connection with any User Content, without
any obligation or remuneration to you. Except as prohibited by law, you
hereby waive, and you agree to waive, any moral rights (including
attribution and integrity) that you may have in any User Content, even
if it is altered or changed in a manner not agreeable to you. To the
extent not waivable, you irrevocably agree not to exercise such rights
(if any) in a manner that interferes with any exercise of the granted
rights. You understand that you will not receive any fees, sums,
consideration, or remuneration for any of the rights granted in this
Section 5(C).
- Notices, Questions and Customer Service:
You agree that: (i) we may give you notices of new, revised or changed
terms and other important matters by prominently posting notice on the
home page of the Site, or in another reasonable manner; and (ii) we may
contact you by mail or email sent to the address provided by you. You
agree to promptly notify us if you change your email or mailing address.
If you have a question regarding using the Site, you may contact us via
email publishing@megaenergysaver.com. You acknowledge that the provision of
customer support is at Company’s sole discretion and that we have no
obligation to provide you with customer support of any kind.
- Links by You to the Site: We
grant you a limited, non-exclusive, revocable, non-assignable,
personal, and non-transferable license to create hyperlinks to the Site,
so long as: (a) the links only incorporate text, and do not use any
Trademarks; (b) the links and the content on your website do not suggest
any affiliation with Company or cause any other confusion; and (c) the
links and the content on your website do not portray Company or its
products or services in a false, misleading, derogatory, or otherwise
offensive matter, and do not contain content that is unlawful,
offensive, obscene, lewd, lascivious, filthy, violent, threatening,
harassing, or abusive, or that violate any right of any third party or
are otherwise objectionable to Company. Company reserves the right to
suspend or prohibit linking to the Site for any reason, in its sole
discretion, without advance notice or any liability of any kind to you
or any third party.
- Linked-To Websites; Advertisements; Dealings with Third Parties: Linked
Sites; Advertisements . The Site may contain links, as part of
third-party ads on the Site or otherwise, to or from third-party
websites (“Linked Sites“), including websites operated by advertisers,
licensors, licensees, and certain other third parties who may have
business relationships with Company. Company may have no control over
the content, operations, policies, terms, or other elements of Linked
Sites, and Company does not assume any obligation to review any Linked
Sites. Company does not endorse, approve, or sponsor any Linked Sites,
or any third-party content, advertising, information, materials,
products, services, or other items. Furthermore, Company is not
responsible for the quality or delivery of the products or services
offered, accessed, obtained by or advertised at such sites. Finally,
Company will under no circumstances be liable for any direct, indirect,
incidental or special loss or other damage, whether arising from
negligence, breach of contract, defamation, infringement of copyright or
other intellectual property rights, caused by the exhibition,
distribution or exploitation of any information or content contained
within these third-party Linked Sites. Any activities you engage in
connection with any of the same are subject to the privacy and other
policies, terms and conditions of use and/or sale, and rules issued by
the operator of the Linked Sites. Company disclaims all liability in
connection therewith. Dealings with Third Parties:
Any interactions, correspondence, transactions, and other dealings that
you have with any third parties found on or through the Site (including
on or via Linked Sites or advertisements) are solely between you and
the third party (including issues related to the content of third-party
advertisements, payments, delivery of goods, warranties (including
product warranties), privacy and data security, and the like). Company
disclaims all liability in connection therewith.
- Wireless: Wireless Features:
The Site may offer certain features and services that are available to
you via your wireless Device. These features and services may include
the ability to access the Site’s features and upload content to the
Site, receive messages from the Site, and download applications to your
wireless Device (collectively, “Wireless Features“). Standard messaging,
data, and other fees may be charged by your carrier to participate in
Wireless Features. Fees and charges may appear on your wireless bill or
be deducted from your pre-paid balance. Your carrier may prohibit or
restrict certain Wireless Features and certain Wireless Features may be
incompatible with your carrier or wireless Device. You should check with
your carrier to find out what plans are available and how much they
cost. Contact your carrier with questions regarding these issues. Terms of Wireless Features: Subject
to the terms and conditions stated in Section 4G above, you agree that
as to the Wireless Features for which you are registered for, we may
send communications to your wireless Device regarding us or other
parties. Further, we may collect information related to your use of the
Wireless Features. If you have registered via the Site for Wireless
Features, then you agree to notify Company of any changes to your
wireless contact information (including phone number).
- Dispute Resolution: Certain
portions of this Section 10 are deemed to be a “written agreement to
arbitrate” pursuant to the Federal Arbitration Act. You and Company
agree that we intend that this Section 10 satisfies the “writing”
requirement of the Federal Arbitration Act. This Section 10 can only be
amended by mutual agreement. First – Try to Resolve Disputes and Excluded Disputes: If
any controversy, allegation, or claim arises out of or relates to the
Site, the Content, your User Content, these Terms, or any Additional
Terms, whether heretofore or hereafter arising (collectively,
“Dispute“), or to any of Company’s actual or alleged intellectual
property rights (an “Excluded Dispute“, which includes those actions set
forth in Section 10(D), then you and we agree to send a written notice
to the other providing a reasonable description of the Dispute or
Excluded Dispute, along with a proposed resolution of it. Our notice to
you will be sent to you based on the most recent contact information
that you provide us. But if no such contact information exists or if
such information is not current, then we have no obligation under this
Section 10(A). Your notice to us must be sent to: megaenergysaver.com For a
period of sixty (60) days from the date of receipt of notice from the
other party, Company and you will engage in a dialogue in order to
attempt to resolve the Dispute or Excluded Dispute, though nothing will
require either you or Company to resolve the Dispute or Excluded Dispute
on terms with respect to which you and Company, in each of our sole
discretion, are not comfortable. Binding Arbitration: If
we cannot resolve a Dispute as set forth in Section 10(A) (or agree to
arbitration in writing with respect to an Excluded Dispute) within sixty
(60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING
BETWEEN YOU AND COMPANY MUST BE RESOLVED BY FINAL AND BINDING
ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT,
SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE SITE
(WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT –
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FRAUD, ANY OTHER INTENTIONAL
TORT OR COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR,
AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY – AND WHETHER ARISING
BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS. The Federal
Arbitration Act (“FAA“) shall govern the arbitrability of all disputes
between COMPANY and you regarding these Terms (and any Additional Terms)
and the Site, including the No Class Action Matters section below. BY
AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT
AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.A Dispute will be resolved
solely by binding arbitration administered by the Judicial Arbitration
and Mediation Services Inc. (“JAMS“), in accordance with the
then-current streamlined Arbitration Rules and Procedures (“Rules“) of,
or by any other arbitration administration service that you and an
officer or legal representative of Company consent to in writing. If an
in-person arbitration hearing is required, then it will be conducted in
the “metropolitan statistical area” (as defined by the U.S. Census
Bureau) where you are a resident at the time the Dispute is submitted to
arbitration. You and we will pay the administrative and arbitrator’s
fees and other costs in accordance with the applicable Rules; but if
applicable Rules or laws require Company to pay a greater portion or all
of such fees and costs in order for this Section 10 to be enforceable,
then Company will have the right to elect to pay the fees and costs and
proceed to arbitration. The arbitrator will apply and be bound by these
Terms and any Additional Terms, and will determine any Dispute according
to applicable law and facts based upon the record and no other basis,
and will issue a reasoned award only in favor of the individual party
seeking relief and only to the extent to provide relief warranted by
that party’s individual claim. Issues relating to the enforceability of
the arbitration and class action waiver provisions contained herein are
for the court to decide. Limited Time to File Claims: TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO
ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN
YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH
IN SECTION 10(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT
WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery
of written notice as set forth above in Section 10(A); (b) filing for
arbitration with JAMS as set forth in Section 10(B); or (c) filing an
action in state or Federal court. The parties expressly waive any
contrary statute of limitations or time bars, both legal and equitable,
to the Disputes. Injunctive Relief:
The foregoing provisions of this Section 10 will not apply to any legal
action taken by Company to seek an injunction or other equitable relief
in connection with, any loss, cost, or damage (or any potential loss,
cost, or damage) relating to the Site, any Content, your User Content
and/or Company’s intellectual property rights (including such Company
may claim that may be in dispute), Company’s operations, and/or
Company’s products or services. No Class Action Matters: YOU
AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN
YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER
IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN
ASSOCIATION. Disputes will be arbitrated only on an individual basis and
will not be joined or consolidated with any other arbitrations or other
proceedings that involve any claim or controversy of any other party.
There shall be no right or authority for any Dispute to be arbitrated on
a class action basis or on any basis involving Disputes brought in a
purported representative capacity on behalf of the general public, or
other persons or entities similarly situated. But if, for any reason,
any court with competent jurisdiction holds that this restriction is
unconscionable or unenforceable, then our agreement in Section 10(B) to
arbitrate will not apply and the Dispute must be brought exclusively in
court pursuant to Section 10(F). Notwithstanding any other provision of
this Section 10, any and all issues relating to the scope,
interpretation and enforceability of the class action waiver provisions
contained herein (described in this “No Class Action Matters” section),
are to be decided only by a court of competent jurisdiction, and not by
the arbitrator. The arbitrator does not have the power to vary these
class action waiver provisions.Federal and State Courts in Cook County, Illinois: Except
where arbitration is required above, small claims actions, or with
respect to the enforcement of any arbitration decision or award, any
action or proceeding relating to any Dispute or Excluded Dispute arising
hereunder may only be instituted in state or Federal court in Cook County, Illinois. Accordingly, you and Company consent to the
exclusive personal jurisdiction and venue of such courts for such
matters.Small Claims Matters Are Excluded from Arbitration Requirement:
Notwithstanding the foregoing, either of us may bring qualifying claim
of Disputes (but not Excluded Disputes) in small claims court of
competent jurisdiction.
- DISCLAIMER OF REPRESENTATIONS AND WARRANTIES: YOUR
ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS
PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS.
Therefore, to the fullest extent permissible by law, Company and its
subsidiaries and each of their respective employees, directors, members,
managers, shareholders, agents, vendors, licensors, licensees,
contractors, customers, successors, and assigns (collectively, the
“Company Parties“) hereby disclaim and make no representations,
warranties, endorsements, or promises, express or implied, as to: (a)
the Site (including the Content and the User Content); (b) the
functions, features, or any other elements on, or made accessible
through, the Site; (c) any products, services, or instructions offered
or referenced at or linked through the Site; (d) security associated
with the transmission of your User Content transmitted to Company via
the Site; (e) whether the Site or the servers that make the Site
available are free from any harmful components (including viruses,
Trojan horses, and other technologies that could adversely impact your
Device); (f) whether the information (including any instructions) on the
Site is accurate, complete, correct, adequate, useful, timely, or
reliable; (g) whether any defects to or errors on the Site will be
repaired or corrected; (h) whether your access to the Site will be
uninterrupted; (i) whether the Site will be available at any particular
time or location; and (h) whether your use of the Site is lawful in any
particular jurisdiction. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED
HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A COMPANY PARTY, COMPANY
PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY
RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM
INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. Some jurisdictions limit
or do not allow the disclaimer of implied or other warranties so the
above disclaimers may not apply to the extent such jurisdictions’ laws
are applicable. The Site strives to keep its information, documents,
study guides, test materials, checklists and developed forms accurate,
current and up-to-date. However, because the law changes rapidly, we
cannot guarantee that all of the information on the Site is completely
current, correct or up-to-date. Furthermore, the information contained
on the Site is not legal advice and is not guaranteed to be correct,
complete or up-to-date. Therefore, if you need legal advice for your
specific problem, or if your specific problem is too complex to be
addressed by our tools, you should consult your attorney. From time to
time, we may perform certain services and introduce our visitors to
various services, products and offers through various methods,
including, but not limited to, (i) third party listings, (ii) third
party advertisers, and (iii) third party services. At no time are we
responsible to you or liable to you for the accuracy or performance of
any such listings and/or services.
- LIMITATIONS OF OUR LIABILITY:
UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE RESPONSIBLE OR
LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or
death or for any direct, indirect, economic, exemplary, special,
punitive, incidental, or consequential losses or damages that are
directly or indirectly related to: (a) the Site (including the Content
and the User Content)(b) your use of or inability to use the Site, or
the performance of the Site; (c) any action taken in connection with an
investigation by Company Parties or law enforcement authorities
regarding your access to or use of the Site; (d) any action taken in
connection with copyright or other intellectual property owners or other
rights owners; (e) any errors or omissions in the Site’s technical
operation; or (f) any damage to any user’s computer, hardware, software,
modem, or other equipment or technology, including damage from any
security breach or from any virus, bugs, tampering, fraud, error,
omission, interruption, defect, delay in operation or transmission,
computer line, or network failure or any other technical or other
malfunction, including losses or damages in the form of lost profits,
loss of goodwill, loss of data, work stoppage, accuracy of results, or
equipment failure or malfunction. The foregoing limitations of liability
will apply even if any of the foregoing events or circumstances were
foreseeable and even if Company Parties were advised of or should have
known of the possibility of such losses or damages, regardless of
whether you bring an action based in contract, negligence, strict
liability, or tort (including whether caused, in whole or in part, by
negligence, acts of god, telecommunications failure, or destruction of
the Site). Some jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages of the sort that are described
above, so the above limitation or exclusion may not apply to you. EXCEPT
AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY PARTIES’ TOTAL
LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION
IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS
UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID
COMPANY IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE
CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL
WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE.
- Waiver of Injunctive or Other Equitable Relief:
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN
CONNECTION WITH YOUR USE OF THE SITE, THEN THE LOSSES, DAMAGES, AND
INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN
INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN
CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT
YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY
INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY
WEBSITE, APPLICATION, CONTENT, USER CONTENT, PRODUCT, SERVICE, OR
INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY COMPANY
(INCLUDING YOUR LICENSED USER CONTENT) OR A LICENSOR OF COMPANY.
- Updates to Terms:
These Terms (or if applicable Additional Terms), in the form posted at
the time of your use of the applicable services to which it applies,
shall govern such use (including transactions entered during such use).
AS OUR SITE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE
SITE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SITE
UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY
OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SITE
YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE
TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS
BY POSTING THEM ON THE SITE (OR IN ANY OTHER REASONABLE MANNER OF
NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SITE AFTER SUCH NOTICE
CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW
USE AND TRANSACTIONS. Therefore, you should review the posted terms of
service and any applicable Additional Terms each time you use the Site
(at least prior to each transaction or submission). The new terms will
be effective as to new use and transactions as of the time that we post
them, or such later date as may be specified in them or in other notice
to you. However, the terms of service (and any applicable Additional
Terms) that applied when you previously used the Site will continue to
apply to such prior use (i.e.,
changes and additions are prospective only) unless mutually agreed. In
the event any notice to you of new, revised or additional terms is
determined by a tribunal to be insufficient, the prior agreement shall
continue until sufficient notice to establish a new agreement occurs.
You should frequently check the home page, and the email you associated
with your purchases for notices, all of which you agree are reasonable
manners of providing you notice. You can reject any new, revised or
Additional Terms by discontinuing use of the Site and related services.
- General Provisions: Company’s Consent or Approval: As
to any provision in these Terms or any Additional Terms that grants
Company a right of consent or approval, or permits Company to exercise a
right in its “sole discretion,” Company may exercise that right in its
sole and absolute discretion. No Company consent or approval may be
deemed to have been granted by Company without being in writing and
signed by an officer of Company. Applicable Law:
These Terms and any Additional Terms will be governed by and construed
in accordance with, and any Dispute and Excluded Dispute will be
governed by and interpreted in accordance with the laws of the State of Illinois, excluding its choice of law rules. Notwithstanding any other
provision of these Terms, Company is not your agent, partner or joint
venturer in any respect. Company is not your attorney or financial
advisor and assumes no fiduciary obligation to you. Indemnity: You
agree to, and you hereby, defend, indemnify, and hold Company Parties
harmless from and against any and all claims, damages, losses, costs,
investigations, liabilities, judgments, fines, penalties, settlements,
interest, and expenses (including attorneys’ fees) that directly or
indirectly arise from or are related to any claim, suit, action, demand,
or proceeding made or brought against any Company Party, or on account
of the investigation, defense, or settlement thereof, arising out of or
in connection with, whether occurring heretofore or hereafter: (i) your
User Content; (ii) your use of the Site and your activities in
connection with the Site; (iii) your breach or alleged breach of these
Terms or any Additional Terms; (iv) your violation or alleged violation
of any laws, rules, regulations, codes, statutes, ordinances, or orders
of any governmental or quasi-governmental authorities in connection with
your use of the Site or your activities in connection with the Site;
(v) information or material transmitted through your Device, even if not
submitted by you, that infringes, violates, or misappropriates any
copyright, trademark, trade secret, trade dress, patent, publicity,
privacy, or other right of any person or entity; (vi) any
misrepresentation made by you; and (vii) Company Parties’ use of the
information that you submit to us (including your User Content) (all of
the foregoing, “Claims and Losses“). You will cooperate as fully
required by Company Parties in the defense of any Claim and Losses.
Notwithstanding the foregoing, Company Parties retain the exclusive
right to settle, compromise, and pay any and all Claims and Losses.
Company Parties reserve the right to assume the exclusive defense and
control of any Claims and Losses. You will not settle any Claims and
Losses without, in each instance, the prior written consent of an
officer of a Company Party. Operation of Site; Availability of Products and Services; International Issues:
Company controls and operates the Site from its U.S.-based offices in
the U.S.A., and Company makes no representation that the Site is
appropriate or available for use beyond the U.S.A. If you use the Site
from other locations, you are doing so on your own initiative and are
responsible for compliance with applicable local laws regarding your
online conduct and acceptable content, if and to the extent local laws
apply. The Site may describe products and services that are available
only in the U.S.A. (or only parts of it) and are not available
worldwide. We reserve the right to limit the availability of the Site
and/or the provision of any content, program, product, service, or other
feature described or available on the Site to any person, entity,
geographic area, or jurisdiction, at any time and in our sole
discretion, and to limit the quantities of any content, program,
product, service, or other feature that we provide. You and we disclaim
any application to these Terms of the Convention on Contracts for the
International Sale of Goods. Export Controls: Software
related to or made available by the Site may be subject to export
controls of the U.S.A. No software from the Site may be downloaded,
exported, or re-exported: (i) into (or to a national or resident of) any
country or other jurisdiction to which the U.S.A. has embargoed goods,
software, technology or services (which, as of the effective date of
these Terms, includes Cuba, North Korea, Iran, Sudan, and Syria), or
(ii) to anyone on the U.S. Treasury Department’s list of Specially
Designated Nationals or the U.S. Commerce Department’s Table of Deny
Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau
of Industry and Security Entities List as published in the Export
Administration Regulations (including entities engaged in weapons of
mass destruction proliferation in various countries and persons and
entities that are suspected of diverting U.S. origin items to embargoed
countries or terrorist end-uses). You are responsible for complying with
all trade regulations and laws both foreign and domestic. Except as
authorized by law, you agree and warrant not to export or re-export the
software to any county, or to any person, entity, or end-user subject to
U.S. export controls, including as set forth in subsections (i) – (iii)
above. Severability; Interpretation:
If any provision of these Terms, or any Additional Terms, is for any
reason deemed invalid, unlawful, void, or unenforceable by a court or
arbitrator of competent jurisdiction, then that provision will be deemed
severable from these Terms or the Additional Terms, and the invalidity
of the provision will not affect the validity or enforceability of the
remainder of these Terms or the Additional Terms (which will remain in
full force and effect). To the extent permitted by applicable law, you
agree to waive, and you hereby waive, any applicable statutory and
common law that may permit a contract to be construed against its
drafter. Wherever the word “including” is used in these Terms or any
Additional Terms, the word will be deemed to mean “including, without
limitation,”. Communications: When
you communicate with us electronically, such as via email and text
message, you consent to receive communications from us electronically.
Please note that we are not obligated to respond to inquiries that we
receive. You agree that all agreements, notices, disclosures, and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing. Investigations; Cooperation with Law Enforcement; Termination; Survival:
Company reserves the right, without any limitation, to: (i) investigate
any suspected breaches of its Site security or its information
technology or other systems or networks, (ii) investigate any suspected
breaches of these Terms and any Additional Terms, (iii) investigate any
information obtained by Company in connection with reviewing law
enforcement databases or complying with criminal laws, (iv) involve and
cooperate with law enforcement authorities in investigating any of the
foregoing matters, (v) prosecute violators of these Terms and any
Additional Terms, and (vi) discontinue the Site, in whole or in part,
or, except as may be expressly set forth in any Additional Terms,
suspend or terminate your access to it, in whole or in part, including
any user accounts or registrations, at any time, without notice, for any
reason and without any obligation to you or any third party. Any
suspension or termination will not affect your obligations to Company
under these Terms or any Additional Terms. Upon suspension or
termination of your access to the Site, or upon notice from Company, all
rights granted to you under these Terms or any Additional Terms will
cease immediately, and you agree that you will immediately discontinue
use of the Site. The provisions of these Terms and any Additional Terms,
which by their nature should survive your suspension or termination
will survive, including the rights and licenses you grant to Company in
these Terms, as well as the indemnities, releases, disclaimers, and
limitations on liability and the provisions regarding jurisdiction,
choice of law, no class action, and mandatory arbitration. Assignment:
Company may assign its rights and obligations under these Terms and any
Additional Terms, in whole or in part, to any party at any time without
any notice. These Terms and any Additional Terms may not be assigned by
you, and you may not delegate your duties under them, without the prior
written consent of an officer of Company. No Waiver: Except
as expressly set forth in these Terms or any Additional Terms, (i) no
failure or delay by you or Company in exercising any of rights, powers,
or remedies under will operate as a waiver of that or any other right,
power, or remedy, and (ii) no waiver or modification of any term of
these Terms or any Additional Terms will be effective unless in writing
and signed by the party against whom the waiver or modification is
sought to be enforced. Connectivity: You
are responsible for obtaining and maintaining all Devices and other
equipment and software, and all internet service provider, mobile
service, and other services needed for your access to and use of the
Site and you will be responsible for all charges related to them. California Consumer Rights and Notices:
Residents of California are entitled to the following specific consumer
rights information: you may contact the Complaint Assistance Unit of
the Division of Consumer Services of the Department of Consumer Affairs
by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by
telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov. References: References
to “Site” “you,” and “us” include our respective subsidiaries,
affiliates, agents, employees, predecessors in interest, successors, and
assigns, as well as all authorized or unauthorized users or
beneficiaries of services under this or prior agreements between us.