By entering your email, logging
into your account, or accepting notifications you agree to receive personalized
MegasSaving deals each day. You may unsubscribe at any time.
Welcome to the MegasSaving Site
(defined below). By using it, you are agreeing to these Terms of Use (defined
below). Please read them carefully. If you have any questions contact us here.
ACCEPTANCE OF TERMS OF USE
MegasSaving, (“MegasSaving”
"we" or “us” or “our”) owns and operates the website,
www.MegasSaving.com, the mobile and touch versions and any sites we have now or
in the future that reference these Terms of Use (collectively,
"Site"). By (a) using the Site and MegasSaving’s services through the
Site, (b) signing up for an account, and/or (c) completing a purchase on the
Site, you agree to these Terms of Use (defined below) and any additional terms
applicable to certain programs in which you may elect to participate. You also
agree to our Privacy Statement, incorporated herein by reference and located at
https://www.MegasSaving.com/legal/privacypolicy ("Privacy
Statement"), and acknowledge that you will regularly visit the Terms of
Use (defined below) to familiarize yourself with any updates. The Privacy Statement,
together with these terms of use, and any other terms contained herein or
incorporated herein by reference, are collectively referred to as the
"Terms of Use." The term "using" also includes any person
or entity that accesses or uses the Site with crawlers, robots, data mining, or
extraction tools or any other functionality. Voucher is available upon request.
MegasSaving is not an agent of GMS or Merchants. GMS is not an agent of
MegasSaving or Merchants.
IF YOU DO NOT AGREE TO THESE
TERMS OF USE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY MegasSaving
SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY VOUCHER, PRODUCT OR OTHER
GOOD OR SERVICE OFFERED THROUGH THE SITE.
The Site is a platform through
which certain merchants (“Merchants”) (a) sell vouchers for goods, services, or
experiences (“Vouchers”), (b) sell travel goods and services (“Getaways”), sell
gift cards (“Merchant Gift Cards”), (c) sell goods and services directly to you
(“Merchant Products”), (d) make available coupons, promotional codes,
giveaways, samples, and offers for software downloads (“Coupons”), and (e) sell
dining experiences for specific dates and times ("Reservations”), (f) sell
food, beverage and other products for delivery and takeout (“Online Ordering”),
and (g) sell salon and spa services for specific dates and times (“Salon and
Spa Bookings”) (collectively (a)-(g), “Merchant Offerings”). Merchants are the
sellers and issuers of the Merchant Offerings and are solely responsible to you
for the care, quality, and delivery of the goods and services provided.
The Site, any content on the
Site, and the infrastructure used to provide the Site are proprietary to us,
our affiliates, Merchants, and other content providers. By using the Site and
accepting these Terms of Use: (a) MegasSaving grants you a limited, personal,
nontransferable, nonexclusive, revocable license to use the Site pursuant to
these Terms of Use and to any additional terms and policies set forth by
MegasSaving; and (b) you agree not to reproduce, distribute, create derivative
works from, publicly display, publicly perform, license, sell, or re-sell any
content, software, products, or services obtained from or through the Site
without the express permission of MegasSaving.
3. Use of the Site
1. As
a condition of your use of the Site, you agree that:
2. You
have reached the age of maturity in the state or province in which you reside;
3. You
are able to create a binding legal obligation;
4. You
are not barred from receiving products or services under applicable law;
5. You
will not attempt to use the Site with crawlers, robots, data mining, or
extraction tools or any other functionality;
6. Your
use of the Site will at all times comply with these Terms of Use;
7. You
will only make legitimate purchases that comply with the letter and spirit of
the terms of the respective offers;
8. You
will only make purchases on the Site for your own use and enjoyment or as a
gift for another person;
9. You
have the right to provide any and all information you submit to the Site, and
all such information is accurate, true, current, and complete;
10. You
will update and correct information you have submitted to the Site and ensure
that it is accurate at all times (out-of-date information will invalidate your
account); and,
11. You
will only purchase a Merchant Offering, Product, or participate in other
available programs through the Site by creating an account on the Site, and any
purchase will be subject to the applicable Terms of Sale set forth in these
Terms of Use.
4. Access to the Site
MegasSaving retains the right, at
our sole discretion, to deny service or use of the Site or an account to anyone
at any time and for any reason. While we use reasonable efforts to keep the
Site and your account accessible, the Site and/or your account may be
unavailable from time to time. You understand and agree that there may be
interruptions in service or events, Site access, or access to your account due
to circumstances both within our control (e.g., routine maintenance) and outside
of our control.
We reserve the right at all times
to discontinue or modify any part of these Terms of Use in our sole discretion.
If we make changes that affect your use of the Site or our services we will
post notice of the change on the Terms of Use page. Any changes to these Terms
of Use will be effective upon our posting of the notice; provided that these
changes will be prospective only and not retroactive. If you do not agree to
the changes, you may close your account and you should not use the Site or any
services offered through the Site after the effective date of the changes. We
suggest that you revisit our Terms of Use regularly to ensure that you stay
informed of any changes. You agree that posting notice of any changes on the
Terms of Use page is adequate notice to advise you of these changes, and that
your continued use of the Site or our services will constitute acceptance of
these changes and the Terms of Use as modified.
6. Your Account
You may only create and hold one
account on the Site for your personal use and must register using a valid
credit card. You are responsible for updating and correcting information you
have submitted to create or maintain your account. As part of your account
settings, you have the option to: (a) save, edit, or delete your personal
information, including, without limitation, a valid credit card; and (b)
opt-out of persistent login. You understand and agree that MegasSaving shall
have no responsibility for any incident arising out of, or related to, your
account settings. You must safeguard your password and supervise the use of
your account. You are solely responsible for maintaining the security of your
account and maintaining settings that reflect your preferences. We will assume
that anyone using the Site or transacting through your account is you. You
agree that you are solely responsible for any activity that occurs under your
account.
The Site may permit you to make
purchases without an account or without logging in to your account. If you make
a purchase in this manner, we will create an account for you based on the
information provided to us in connection with the transaction (e.g., your name,
address, e-mail address, and other transaction information).
Your account is non-transferrable.
You cannot sell, combine, or otherwise share it with any other person. Any
violation of these Terms of Use, including, without limitation, failure to
maintain updated and correct information about your account (e.g., valid credit
card information) will cause your account to fall out of good standing and we
may cancel your account in our sole discretion. If your account is cancelled,
you may forfeit any pending, current, or future account credits (e.g., Deal
Bucks), and any other forms of unredeemed value in your account, without
notice. Upon termination, the provisions of these Terms of Use that are, by
their nature, intended to survive termination (e.g., any disclaimers, all
limitations of liability, and all indemnities) shall survive. We also reserve the
right to change or discontinue any aspect or feature of our services or the
Site, including, without limitation, requirements for use.
All interactions on the Site must
comply with these Terms of Use. To the extent your conduct, in our sole
discretion, restricts or inhibits any other user from using or enjoying any
part of the Site, we may limit or terminate your privileges on the Site and
seek other remedies, including, without limitation, cancellation of your
account or forfeiture of any forms of unredeemed value in your account.
The following activities are
prohibited on the Site and constitute violations of these Terms of Use:
Submitting any content to the
Site that:
§ Violates
applicable laws (including, without limitation, intellectual property laws,
laws relating to rights of privacy and rights of publicity, and laws related to
defamation);
§ Contains
personal information, except when we expressly ask you to provide such
information;
§ Contains
viruses or malware;
§ Offers
unauthorized downloads of any copyrighted, confidential, or private
information;
§ Has
the effect of impersonating others;
§ Contains
messages by non-spokesperson employees of MegasSaving purporting to speak on
behalf of MegasSaving or provides confidential information concerning
MegasSaving;
§ Contains
chain letters of any kind;
§ Is
purposely inaccurate, commits fraud, or falsifies information in connection
with your MegasSaving account or to create multiple MegasSaving accounts; or
§ Is
protected by copyright, trademark, or other proprietary right without the
express permission of the owner of the copyright, trademark or other
proprietary right.
§ Attempting
to do or actually doing any of the following:
§ Accessing
data not intended for you, such as logging into a server or an account which
you are not authorized to access;
§ Scanning
or monitoring the Site for data gathering purposes in an effort to track sales,
usage, aggregate offering information, pricing information, or similar data;
§ Scanning
or testing the security or configuration of the Site or breaching security or
authentication measures; or
§ Interfering
with service to any user in any manner, including, without limitation, by means
of submitting a virus to the Site or attempting to overload, “flood,” “spam,”
“mail bomb,” or “crash” the Site.
Using any of the following:
§ Frames,
framing techniques, or framing technology to enclose any content included on
the Site without our express written permission;
§ Any
Site content, including, without limitation, User Content (defined below), in
any meta tags or any other “hidden text” techniques or technologies without our
express written permission;
§ The
Site or any of its contents to advertise or solicit, for any commercial,
political, or religious purpose or to compete, directly or indirectly, with
MegasSaving.
§ The
Site or any of its resources to solicit consumers, Merchants, or other
third-parties to become users or partners of other online or offline services
directly or indirectly competitive or potentially competitive with MegasSaving,
including, without limitation, aggregating current or previously offered deals.
Collecting any of the
following:
§ Content
from the Site, including, without limitation, in connection with current or
previously offered deals, and featuring such content to consumers in any manner
that diverts traffic from the Site without our express written permission; or
§ Personal
Information (defined in our Privacy Statement), User Content (defined in
Section 12 below), or content of any consumers or Merchants.
Engaging in any of the
following:
§ Tampering
or interfering with the proper functioning of any part, page, or area of the
Site or any functions or services provided by MegasSaving;
§ Taking
any action that places excessive demand on our services or imposes, or may
impose, an unreasonable or disproportionately large load on our servers or
other portion of our infrastructure (as determined in our sole discretion);
§ Reselling
or repurposing your access to the Site or any purchases made through the Site;
§ Exceeding
or attempting to exceed quantity limits when purchasing Merchant Offerings or
Products, or otherwise using any MegasSaving account to purchase Merchant
Offerings or Products for resale or for speculative, false, fraudulent, or any
other purpose not expressly permitted by these Terms of Use and the terms of a
specific offer on the Site;
§ Accessing,
monitoring, or copying any content from the Site using any “robot,” “spider,”
“scraper,” or other automated means or any manual process for any purpose
without our express written permission;
§ Violating
the restrictions in any robot exclusion headers on the Site or bypassing or
circumventing other measures employed to prevent or limit access to the Site;
§ Aggregating
any current or previously-offered deals or content or other information from
the Site (whether using links or other technical means or physical records
associated with purchases made through the Site) with material from other sites
or on a secondary site without our express written permission
§ Deep-linking
to any portion of the Site (including, without limitation, the purchase path
for any Voucher) without our express written permission; Hyperlinking to the
Site from any other website without our initial and ongoing consent.
§ Acting illegally or maliciously against the business interests or reputation of MegasSaving, our Merchants, or our services.
8. Your Privacy
We take the privacy of your
Personal Information (defined in the Privacy Statement) seriously. We encourage
you to carefully review our Privacy Statement for important disclosures about
ways that we may collect, use, and share personal data and your choices. Our
Privacy Statement is incorporated in and subject to these Terms of Use, and
available here.
9. Terms of Sale
By purchasing or obtaining any
Merchant Offering or Product via the Site, you agree to these Terms of Use,
including, without limitation, the Terms of Sale, available here.
10. Special Programs
By participating in special
programs offered by MegasSaving, such as MegasSaving Reserve, Deal Bucks,
Trade-In Program, Refer-A-Friend, and Coupons you agree to these Terms of Use
and the additional terms of each program available here.
11. Copyright and Trademarks
The Site contains copyrighted
material, trademarks, and other proprietary information, including, without
limitation, text, software, photos, video, graphics, music, and sound, and the
entire contents of the Site are protected by copyright, trademark, and other
intellectual property laws of the United States. MegasSaving owns a copyright
in the selection, coordination, arrangement, and enhancement of such content,
as well as in the content original to it. You may not modify, distribute,
publish, transmit, publicly display, publicly perform, participate in the
transfer or sale, create derivative works, or in any way exploit any of the
content, in whole or in part. Except as otherwise expressly stated under
copyright law, no downloading, copying, redistribution, retransmission,
publication, or commercial exploitation of the content without the express
permission of MegasSaving or the copyright owner is permitted. If downloading,
copying, redistribution, retransmission, or publication of copyrighted material
is permitted, you will make independent attribution and/or make no changes in
or deletion of any author attribution, trademark legend, or copyright notice.
You acknowledge that you do not acquire any ownership rights by downloading
copyrighted material. Any violation of these restrictions may result in a
copyright, trademark, or other intellectual property right infringement that
may subject you to civil and/or criminal penalties.
Other marks on the site not owned
by MegasSaving may be under license from the trademark owner thereof, in which
case such license is for the exclusive benefit and use of MegasSaving unless
otherwise stated, or may be the property of their respective owners. You may
not use MegasSaving`s name, logos, trademarks or brands, or trademarks or
brands of others on the Site without MegasSaving`s express permission.
The Site may provide registered
users and visitors various opportunities to submit or post reviews, opinions,
advice, ratings, discussions, comments, messages, survey responses, and other
communications, as well as files, images, photographs, video, sound recordings,
musical works, and any other content or material submitted or posted to the
Site (collectively, "User Content") through forums, bulletin boards,
discussion groups, chat rooms, surveys, blogs, or other communication
facilities that may be offered on, through, or in connection with the Site from
time to time. You may be required to have a MegasSaving account to submit User
Content.
If you contribute any User
Content, you will not upload, post, or otherwise make available on the Site any
material protected by copyright, trademark, or other proprietary right without
the express permission of the owner of the copyright, trademark, or other
proprietary right. MegasSaving does not have any express burden or
responsibility to provide you with indications, markings, or anything else that
may aid you in determining whether the material in question is copyrighted or
trademarked. You will be solely liable for any damage resulting from any
infringement of copyrights, trademarks, proprietary rights, or any other harm
resulting from such a submission. In addition, if you contribute any User
Content, you represent and warrant that: (a) you are the creator of the User
Content; or (b) if you are acting on behalf of the creator, that you have (i)
express, advance authority from the creator to submit or post the User Content,
and that they have waived any moral rights in such User Content, and (ii) all
rights necessary to grant the licenses and grants in these Terms of Use. You
further represent and warrant (or, if you are acting on behalf of the creator
of the User Content, you have ensured that the creator represents and warrants)
that the use and sharing of the User Content for the purposes you have selected
will not violate or infringe any copyrights, trademarks, or any other intellectual
property rights or rights of third parties, including, without limitation, the
rights of publicity or privacy. You represent and warrant that you will not
upload, post, transmit, or otherwise make available User Content that is
unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist,
infringing, pornographic, obscene, violent, misleading, defamatory or libelous,
invasive of the privacy of another person, or violative of any third-party
rights; and that you will not upload, post, transmit, or otherwise make
available User Content that contains any material that harbors viruses or any
other computer codes, files, or programs designed to intercept, misappropriate,
interrupt, destroy or limit the functionality of any software or computer
equipment.
In some instances and from time
to time, it may be possible to modify or remove the User Content submitted or
posted through your account. MegasSaving makes no representations or warranties
that the User Content you modify or remove will be modified or removed from the
Site or elsewhere, or that the User Content will cease to appear on the
Internet, in search engines, social media websites, or in any other form, media
or technology.
Public Nature of Your User
Content
You understand and agree that
User Content is public. Any person (whether or not a user of MegasSaving’s
services) may read your User Content without your knowledge. Please do not
include any Personal Information in your User Content unless you wish for it to
be publicly disclosed. MegasSaving is not responsible for the use or disclosure
of any Personal Information that you disclose in connection with User Content.
Any User Content of any kind made
by you or any third-party is made by the respective author(s) or distributor(s)
and not by MegasSaving. Other users may post User Content that is inaccurate,
misleading, or deceptive. MegasSaving does not endorse and is not responsible
for any User Content, and will not be liable for any loss or damage caused by
your reliance on such User Content. User Content reflects the opinions of the
person submitting it and may not reflect the opinion of MegasSaving.
MegasSaving does not control or endorse any User Content, and specifically
disclaims any liability concerning or relating to your contribution of, use of,
or reliance on any User Content and any actions resulting from your
participation in any part of the Site, including, without limitation, any
objectionable User Content.
License Grants
Some User Content you submit to
MegasSaving may be displayed or may give you the option to display in
connection with your Personal Information, or a portion of your Personal
Information, including, without limitation, your name, initials, username,
social networking website user account name, image, likeness, preferences,
voice, and location. You grant MegasSaving a royalty-free, perpetual,
irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable,
worldwide license and right to use, commercial use, display and distribute any
Personal Information in connection with your User Content in accordance with
these Terms of Use, including, without limitation, a right to offer for sale and
to sell such rights in Personal Information, whether the User Content appears
alone or as part of other works, and in any form, media or technology, whether
now known or hereinafter developed, and to sublicense such rights through
multiple tiers of sublicensees, all without compensation to you. However,
MegasSaving shall have no obligation to use your Personal Information in
connection with any User Content.
As between you and MegasSaving,
you shall retain all ownership rights in and to the User Content you submit or
post. However, by contributing User Content or other information on or through
the Site, you grant MegasSaving a royalty-free, perpetual, irrevocable,
sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and
license to use, reproduce, create derivative works from, publish, edit,
translate, distribute, perform, display, transmit, offer for sale, and sell the
User Content alone or as part of other works in any form, media or technology,
whether now known or hereafter developed, and to sublicense such rights through
multiple tiers of sublicensees and without compensation to you. You waive any
"moral rights" or other rights with respect to attribution of
authorship or integrity of materials regarding the User Content that you may
have under any applicable law under any legal theory. MegasSaving’s license in
any User Content or Personal Information submitted includes, without
limitation, use for promotions, advertising, marketing, market research,
merchant feedback, quality control, or any other lawful purpose.
As detailed in Section 3,
contributing User Content or other information on or through the Site, is
limited to individuals who are over the age of majority in the state or
province in which they reside. The Site is designed and intended for adults. By
contributing User Content or other content on or through the Communities, you
affirm that you are over the age of majority in the state or province in which
you reside. We will promptly delete User Content or other content associated
with any account we obtain actual knowledge of that is associated with a
registered user who is not at least the age of majority in the state or
province in which he or she resides.
13. Unsolicited Ideas
We do not accept or consider,
directly or through any MegasSaving employee or agent, unsolicited ideas of any
kind, including, without limitation, ideas or suggestions relating to new or
improved products, enhancements, names or technologies, advertising and
marketing campaigns, plans, or other promotions. Do not send us (or any of our
employees) any unsolicited ideas, suggestions, material, images, or other work
in any form (“Unsolicited Materials”). If you send us Unsolicited Materials,
you understand and agree that the following terms will apply, notwithstanding
any cover letter or other terms that accompany them:
MegasSaving has no obligation to
review any Unsolicited Materials, nor to keep any Unsolicited Materials
confidential; and
MegasSaving will own, and may use
and redistribute, Unsolicited Materials for any purpose without restriction and
free of any obligation to acknowledge or compensate you.
Infringement Reporting
Procedures. If you own copyright, trademark, patent, or other intellectual
property rights (“IP Rights Owner”), or if you are an agent authorized to act
on the IP Rights Owner’s behalf (“Authorized Agent”), and you have a good faith
belief that material or products on the Site infringe the IP Rights Owner’s
copyright, trademark, or other intellectual property right, and you would like
to bring it to MegasSaving`s attention, you can report your concern(s) by
submitting your complaint here.
DMCA Procedures. MegasSaving
reserves the right to terminate your, or any third-party’s, right to use the
Site if such use infringes the copyrights of another. MegasSaving may, under
appropriate circumstances and at its sole discretion, terminate your, or any third-party’s,
right to access to the Site, if MegasSaving determines that you are, or a
third-party is, a repeat infringer. If you believe that any material has been
posted via the Site by any third-party in a way that constitutes copyright
infringement, and you would like to bring it to MegasSaving`s attention, you
must provide MegasSaving`s DMCA Agent identified below with the following
information: (a) an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyrighted work; (b) an identification of
the copyrighted work and the location on the Site of the allegedly infringing
work; (c) a written statement that you have a good faith belief that the
disputed use is not authorized by the owner, its agent, or the law; (d) your
name and contact information, including, without limitation, telephone number
and email address; and (e) a statement by you that the above information in
your notice is accurate and, under penalty of perjury, that you are the
copyright owner or authorized to act on the copyright owner’s behalf.
The contact information for
MegasSaving’s DMCA Agent for notice of claims of copyright infringement is:
MegasSaving, email: copyright@MegasSaving.com.
15. Disclaimer of Warranty
AS PERMITTED BY APPLICABLE LAW,
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER
MegasSaving, NOR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY
OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE
WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY
WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR
(B) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF (I) THE CONTENT ON THE SITE,
INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE
PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE
PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL
CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, MERCHANT
OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE
THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS
AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, MegasSaving HEREBY
DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER
EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT,
USER CONTENT, OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANT
OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE
THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE,
NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF
PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE
NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE
APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR
WARRANTIES BY MegasSaving THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.
16. Limitation of Liability
AS PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL MegasSaving, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE
EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY
CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES,
OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS
DAMAGES, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A)
YOUR USE OF THE SITE, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION,
ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE
SITE OR SUBMITTED BY TO YOU TO THE SITE; (B) YOUR INABILITY TO USE THE SITE;
(C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) THE MERCHANT
OFFERINGS, PRODUCTS, AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE
THROUGH THE SITE; (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY
FROM A MERCHANT; (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OF INFORMATION
YOU PROVIDE TO THE SITE, INCLUDING, WITHOUT LI
LIMITATION, ANY PERSONAL
INFORMATION. IN NO EVENT WILL MegasSaving’S LIABILITY IN CONNECTION WITH A
MERCHANT OFFERING, PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS
PAID FOR THE APPLICABLE VOUCHER, PRODUCT, OR SERVICE. THE LIABILITY LIMITATIONS
IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A
MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS
REPRESENTATIONS OR WARRANTIES BY MegasSaving THAT ARE INCLUDED IN OTHER
APPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR
PRODUCT-RELATED INJURY.
17. Electronic Communications
When you use the Site or send
emails to MegasSaving, you are communicating with us electronically and consent
to receive electronic communications related to your use of the Site. We will communicate
with you by email or by posting notices on the Site. You agree that all
agreements, notices, disclosures, and other communications that are provided to
you electronically satisfy any legal requirement that such communications be in
writing. Notices from us will be considered delivered to you and effective when
sent to the email address you provide on the Site or from which you otherwise
email us.
18. Websites of Others
The Site contains links to
websites maintained by other parties. These links are provided solely as a
convenience to you and not because we endorse or have an opinion about the
contents on such websites. We expressly disclaim any representations regarding
the content or accuracy of materials on such websites or the privacy practices
of those websites. If you decide to access websites maintained by other
parties, you do so at your own risk. We are not responsible or liable, directly
or indirectly, for any damage, loss, or liability caused or alleged to be
caused by or in connection with any use of or reliance on any content,
Products, or services available on or through any such linked site or resource.
19. Indemnification/Release
You agree to defend, indemnify,
and hold harmless MegasSaving, its subsidiaries and affiliates, and their
respective directors, officers, employees and agents from and against all
claims and expenses, including, without limitation, attorneys’ fees, arising
out of, related to, or in connection with any of the following: (a) any User
Content submitted or posted by you, in connection with the Site, or any use of
the Site in violation of these Terms of Use; (b) fraud you commit or your
intentional misconduct or gross negligence; or (c) your violation of any
applicable U.S., Canadian, or foreign law or rights of a third-party.
You are solely responsible for
your interactions with Merchants and other users of the Site. To the extent
permitted under applicable laws, you hereby release MegasSaving from any and
all claims or liability related to any product or service of a Merchant,
regardless of whether such product or service is a Merchant Offering available
through the Site, any action or inaction by a Merchant, including, without
limitation, but not limited to any harm caused to you by action or inaction of
a Merchant, a Merchant’s failure to comply with applicable law and/or failure
to abide by the terms of a Merchant Offering or any other product or service
purchased or obtained by you from the Merchant, and any conduct, speech or User
Content, whether online or offline, of any other third-party.
20. Assignment
You may not assign these Terms of
Use, or any rights, benefits, or obligations hereunder, by operation of law or
otherwise, without the express written permission of MegasSaving. Any attempted
assignment that does not comply with these Terms of Use shall be null and void.
MegasSaving may assign these Terms of Use, in whole or in part, to any
third-party in its sole discretion.
21. Entire Agreement
The Terms of Use, including,
without limitation, the incorporated Terms of Sale, Special Programs, Privacy
Statement, and other terms incorporated by reference, constitute the entire
agreement and understanding between you and MegasSaving with respect to the
subject matter hereof and supersedes all prior or contemporaneous
communications and proposals, whether oral or written, between you and
MegasSaving with respect to such subject matter.
22. Choice of Law
Any disputes arising out of or
related to these Terms of Use and/or any use by you of the Site or
MegasSaving’s services shall be governed by the laws of the State of Illinois,
without regard to its choice of law rules and without regard to conflicts of
laws principles.
23. Dispute
Resolution/Arbitration Agreement
Any dispute raised by customer or seller will be resolved by mutual understanding and details of any dispute should be directly email to info@MegasSaving.com. A response will then be generated within 48 hours.
The provisions of these Terms of
Use apply equally to, and are for the benefit of, MegasSaving, its
subsidiaries, affiliates, Merchants, and its third-party content providers and
licensors, and each shall have the right to assert and enforce such provisions
directly.