Terms Of Service
MegaplanIT Holdings LLC
LAST UPDATED: 03/05/2018
By using this MegaplanIT, LLC (hereafter referred to as “MPI”) website, you are in agreement to be bound by the following terms below and are legally bound by this binding agreement (referred to below as “Agreement”).
2. Acceptance of Terms
By using the Site, you agree to the terms of this Agreement and to any additional rules, terms and guidelines that we post on the Site now or in the future. We may make changes to this Agreement from time to time and will not notify you of such changes but will post a revised version of this Agreement on the Site. You will see when we last changed this Agreement by looking at the “LAST UPDATED” date at the top of the Agreement. Your use of the Site following changes to this Agreement will mean that you accept the changes. We may, at any time, change, edit, delete, refuse to provide any user with access to this Site, charge, modify, or require a fee to use the Site, or offer opportunities to some or all Site users.
The Site is controlled and/or operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion. If there is ever a dispute about this Agreement, the venue of the court who will hear this dispute shall be located in the county of Maricopa, Arizona, USA and the laws of the state of Arizona shall apply.
4. Description of the Services
We provide users of the Site with access to general information and among other things, links to third-party websites (hereafter referred to as “Services”). EVEN THOUGH THE INFORMATION ON THE SITE MAY CONCERN RECOMMENDATION, LINKS, OR LEGAL ISSUES, IT IS NOT CONSTITUTE ANY RECOMMENDATION, GUARANTEE OF SERVICES, NOR LEGAL ADVICE. MPI DOES NOT REPRESENT THAT THE INFORMATION ON THIS SITE IS ACCURATE. USE OF THE SITE IS NOT INTENDED AND DOES NOT CONSTITUTE A GUARANTEE OF THE AVAILABILITY OF A SERVICE OR A GUARANTEE OF SERVICE, PRICES, PRICES CHARGED, COSTS, OR THE LIKE. We expressly disclaim all liability in respect of actions taken or not taken based on any contents of this site.
5. Information You Submit
6. Rules of Conduct
You agree that you will not:
a. Use the Site for any fraudulent or unlawful purpose.
b. Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
c. Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that I endorse any statement you make.
d. Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
e. Transmit or otherwise make available in connection with the Site any spam, virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
f. Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
g. Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
h. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.
i. Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
j. Frame or mirror any part of the Site without our express prior written consent.
k. Create a database by systematically downloading and storing Site content.
l. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, I grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.
7. Accuracy of Information
We attempt to make sure that information on this Site is complete, accurate, and current BUT MPI does not guarantee that it is complete, relevant, accurate, and up to date. The information on this Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currentness of any information on this Site.
MPI DOES NOT REPRESENT THAT THE INFORMATION ON THIS SITE IS ACCURATE. USE OF THE SITE IS NOT INTENDED AND DOES NOT CONSTITUTE A GUARANTEE OF AVAILABILITY OR A GUARANTEE OF PRICES, FEES CHARGED, COSTS, OR THE LIKE.
8. My Proprietary Rights
Information and materials on this Site may be protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly authorized in advance by MPI you agree not to reproduce, copy, scrape, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or any information or materials made available through the Site.
UNAUTHORIZED USE OF ANY SERVICE, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
This Site may have links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY SITES AND RESOURCES ARE AT YOUR OWN RISK. Additionally, we may provide tools to allow you to link to the Site directly from a third-party site; if you do link to the Site (whether using such tools or otherwise), you agree that you will disable and remove any such link promptly upon our request.
10. Limitations of Liability and Disclaimers
THE SITE AND ALL GOODS, SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SITE AND ALL SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE.
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS ON THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE.
IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
We do not guarantee that the Site will be secure or that any use of the Site will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alterations to the Site, contact us at [email protected] with a description of the material(s) at issue and the URL or location of such materials.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us and our affiliates harmless from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site or (b) any violation of this Agreement by you.
This Agreement is effective until terminated. We may at any time and for any reason terminate your access to or use of the Site. If we terminate your access to the Site, you will not have the right to bring claims against us or our affiliates with respect to such termination. Neither our affiliates nor us shall not be liable for any termination of your access to the Site or to any such information or files, and (except as may be required under mandatory applicable law) shall not be required to make such information or files available to you after any such termination. We may take steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement (including our right to cooperate with any legal process relating to your use of the Site or any third-party claim that your use of the Site is unlawful or infringes such third party’s rights).
13. Governing Law; Dispute Resolution.
You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Site) is governed by and shall be construed in accordance with the laws of the State of Arizona, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Maricopa County, Arizona, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections thereto.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: https://onguardonline.gov . Please note that I do not endorse any of the products or services listed at these sites.
15. Information or Complaints
If you have a question or complaint regarding the Site, please feel free to contact us via email at: [email protected]. Email communications are not necessarily secure, so please do not include sensitive information in any email to us.
16. Ability to Enter Into This Agreement
By using the Site, you affirm that you are over the age of 18 and have the capacity enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement. Children under the age of 13 are not allowed to use this Site.
17. Contact Information
If you have any questions regarding the meaning or application of this Agreement, please direct such questions to: [email protected]. Email communications are not necessarily secure, so please do not include sensitive information in any email to us.
All claims and disputes arising under or relating to the use of this Site or this Agreement are to be settled by binding arbitration in the state of Arizona or another location agreeable to MPI. An award of arbitration may be confirmed in a court of competent jurisdiction. You agree to give up your right to a trial and right to a trial by a jury. You also agree that claims may only be brought on an individual basis and not as a plaintiff or class member. The Arbitrator may combine all claims to one action.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect MPI’s intention. If any provision of this Agreement is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. All remaining provisions of this Agreement shall remain in full force and effect.
This Agreement does not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and MPI. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control department or office concerned.