| 1. Access and Privacy.
By accepting this Agreement, you expressly consent to certain disclosures
of your personally identifiable and other personal information to third
parties, and to use of your information by third parties, and us as
described in our then-current Privacy Policy, which is incorporated
herein by reference. A complete statement of our privacy policy can
be found here.
You agree to abide by any policies posted on MegaPrepaid.com.
We expect that you will use caution and common sense
when utilizing the services that come with Membership.
Furthermore, by accessing MegaPrepaid.com you agree
to comply with all applicable laws regarding your access
to Membership services.
You must be at least eighteen (18) years old to register
for the services provided in the Website. We also encourage
anyone under the age of eighteen (18) years old to
seek the consent of their parents or guardians before
making use of any of the free services available at
MegaPrepaid.com or before providing information about
themselves to anyone on the Internet. Children should
never reveal their addresses, phone numbers or other
personal information to any strangers on the Internet.
In consideration of use of our services, you agree
to: (a) provide true, accurate, current and complete
information about yourself as prompted by registration
forms; and (b) to maintain and update this information
to keep it true, accurate, current, and complete. If
any information provided by you is untrue, inaccurate,
not current or incomplete, MegaPrepaid.com retains
the right to terminate your account and refuse any
and all current or future use of the services.
MegaPrepaid.com may, in its sole discretion and at
any time, modify and/or discontinue MegaPrepaid.com,
and/or limit, terminate or suspend your use of or access
to MegaPrepaid.com. And/or make changes to this Agreement.
Your right of access and use of the Website shall not
be deemed as a waiver of any of MegaPrepaid.com's rights
hereto nor shall it be deemed as a grant of any rights
to any of the information, intellectual property or
other matters described or set forth herein.
2. No Warranties; Limits on Liabilities
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR
USE OF THE WEBSITE AND THE INTERNET. MEGAPREPAID.COM
MAKES NO WARRANTY THAT IT WILL MEET YOUR REQUIREMENTS
OR THAT IT WILL BE TIMELY, SECURE, ACCURATE OR ERROR-FREE.
THE WEBSITE AND ALL SERVICES AND PRODUCTS ARE PROVIDED "AS
IS" AND ON AN "AS AVAILABLE" BASIS. MEGAPREPAID.COM
DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED
OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES
DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES,
SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY
ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE
TO STATE.
THE PRODUCTS OBTAINED THROUGH THE USE OF OR IN CONNECTION
WITH THIS WEBSITE MAY OR MAY NOT CARRY WARRANTIES FROM
THE MANUFACTURERS OF THOSE PRODUCTS. IF SUCH MANUFACTURER
WARRANTIES EXIST, THEY ARE THE ONLY WARRANTIES APPLICABLE
TO SUCH PRODUCTS
MEGAPREPAID.COM DOES NOT WARRANT THAT THE WEBSITE
CONTAINS COMPREHENSIVE INFORMATION ON ANY PRODUCT OR
ANY CATEGORIES OF PRODUCTS WHATSOEVER.
IN NO EVENT SHALL MEGAPREPAID.COM BE LIABLE FOR ANY LOST
PROFITS OR SPECIAL, INCIDENTAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY,
OR PUNITIVE DAMAGES (WHETHER FORSEEABLE OR NOT) INCLUDING WITHOUT
LIMITATION LOST OR ANTICIPATED REVENUES OR PROFITS ARISING
FROM ANY CAUSE WHATSOEVER (INCLUDING INTENTIONAL OR NEGLIGENT
CONDUCT), WHETHER IN CONTRACT OR TORT, OR DAMAGES ARISING FROM
ANY ERRORS, MISTAKE, OMISSION, INTERRUPTION OR DELAY IN THE
COURSE OF ESTABLISHING, FURNISHING, CHANGING OR TERMINATING
ANY SERVICE PROVIDED THROUGH THE WEBSITE, OR FOR ACCURACY OR
COMPLETENESS OF ANY INFORMATION PROVIDED IN THIS WEBSITE, EVEN
IF MEGAPREPAID.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO CIRCUMSTANCE SHALL MEGAPREPAID.COM'S LIABILITY
TO ANY CUSTOMER EXCEED THE VALUE, CALCULATED AT MEGAPREPAID.COM
THEN-APPLICABLE RATES, OF THE UNUSED MINUTES ON A CUSTOMER'S
PREPAID CALLING CARD ("PIN"). SOME STATES DO NOT ALLOW SOME
LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATIONS MAY
NOT APPLY TO YOU.
THE RISK OF LOSS OF ALL PINS PURCHASED THROUGH
THIS WEB SITE SHALL PASS TO CUSTOMER IMMEDIATELY
UPON PURCHASE AND CUSTOMER SHALL ASSUME ALL RISK
OF LOSS. MEGAPREPAID.COM SHALL NOT BE OBLIGATED TO
PROVIDE CREDITS OR REFUNDS (IN ANY FORM OR AMOUNT)
FOR LOST OR STOLEN PINS, MISUSED PINS, UNAUTHORIZED
OR FRAUDULENT USE OF PINS, OR FOR PINS THAT HAVE
UNUSED OR EXPIRED MINUTES.
THE OBLIGATIONS OF MEGAPREPAID.COM UNDER THIS AGREEMENT
ARE SUBJECT TO, AND MEGAPREPAID.COM SHALL NOT BE
LIABLE FOR, DELAYS, FAILURES TO PERFORM, DAMAGES,
LOSSES OR DESTRUCTION, OR MALFUNCTION OF ANY EQUIPMENT
OR ANY CONSEQUENCE THEREOF CAUSED OR OCCASIONED BY,
OR DUE TO FIRE, FLOOD, WATER, THE ELEMENTS, LABOR
DISPUTES OR SHORTAGES, UTILITY CURTAILMENTS, POWER
FAILURES, EXPLOSIONS, CIVIL DISTURBANCES, GOVERNMENTAL
ACTIONS, SHORTAGES OF EQUIPMENT FOR SUPPLIES, UNAVAILABILITY
OF TRANSPORTATION, ACTS OR OMISSIONS OF THIRD PARTIES,
INCLUDING WITHOUT LIMITATIONS, ACTS OR OMISSIONS
OF THIRD PARTY SERVICE PROVIDERS, OR ANY OTHER CAUSE
BEYOND THE REASONABLE CONTROL OF MEGAPREPAID.COM
3. Content and Uses of the Website
When/if you submit any content to any "public area" of
the Website, you grant MegaPrepaid.com, its affiliates,
suppliers, distributors, and third party service
providers a royalty-free, perpetual, irrevocable,
non-exclusive right (including any moral rights)
and license to use, reproduce, edit, modify, adapt,
publish, translate, create derivative works from,
distribute, communicate to the public, perform, and
display the content (in whole or in part) worldwide
and/or to incorporate it in other works in any form,
media, technology now known or later developed, for
the full term of any rights that may exist in such
content. You also warrant that the holder of any
rights, including moral rights, in "public area" content
has completely and effectively waived all such rights
and validly and irrevocably granted to you the right
to grant the license stated above. You also permit
any visitor to access, display, view, store, and
reproduce "public area" content for personal use.
Subject to the foregoing, the owner of "public area" content
retains any and all rights that may exist in such
content. By accessing MegaPrepaid.com, you agree
that you shall have no recourse against MegaPrepaid.com
for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to
MegaPrepaid.com.
You are solely responsible for your content, and
we merely act as a passive conduit for your online
distribution and publication of your information.
However, we may unilaterally take any action with
respect to your content if we believe it may create
liability for us or may cause us to lose (in whole
or in part) the services of our ISPs or other suppliers.
MegaPrepaid.com reserves the right to edit, copy,
delete, in part or in full, any or all content provided
by its members. MegaPrepaid.com may make these changes
at any time for any reason without the prior consent
or notification of the author.
You may only use MegaPrepaid.com for legal purposes.
The content you distribute or request to receive
(directly or indirectly) through Membership access,
any products and services you may choose to offer
(if permitted to do so), and any username you select:
(a) shall not infringe any third party's copyright,
patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy; (b) shall
not violate any law or regulation (including without
limitation those governing export control, unfair
competition, anti-discrimination or false advertising);
(c) shall not be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing; (d) shall not
be obscene or contain child pornography; or (e) shall
not contain any computer programming routines that
are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system,
data or personal information. You may not distribute
unsolicited commercial messages ("spam") through
your use of services provided by MegaPrepaid.com
or take any other action, which imposes an unreasonable
or disproportionately large load on our infrastructure,
including without limitation, using excessive network
bandwidth. In addition, you may not distribute spam
that directs or encourages users to visit our Website
through the account of another provider. At our option
and without further notice, we may use anti-spam
technologies that may terminate your messages without
delivering them or prevent messages from reaching
you.
You agree not to impersonate any other person or
entity, whether actual or fictitious, including impersonating
an employee or consultant of MegaPrepaid.com. You
further agree not to use an inappropriate member
name of any kind.
The entire contents of MegaPrepaid.com are protected
by international copyright and trademark laws. The
owner of the copyrights and trademarks are MegaPrepaid.com,
its affiliates or other third party licenser's. YOU
MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD,
POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE WEBSITE, INCLUDING TEXT, GRAPHICS,
CODE AND/OR SOFTWARE. You may print and download
portions of material from the different areas of
the Website solely for your own noncommercial use.
You hereby agree not to change or delete any copyright
or proprietary notices from the materials downloaded
or printed from MegaPrepaid.com
The rates applicable to all telecommunications
services or products provided by MegaPrepaid.com
shall be the rates charged by the underlying carrier
at the time the PIN is purchased. All rates apply
only to calls originated in the United States of
America. Telecommunications services may also be
subject to fees and surcharges, including without
limitation per call fees or surcharges as set by
the underlying carrier. An additional Federal Communications
Commission mandated surcharge will be assessed for
calls originated from a pay phone. These fees and/or
surcharges are assessed at the time the call is made
and are in addition to the per minute rate applicable
to the call. By agreeing to purchase a PIN, you agree
to pay the rates, fees and surcharges in effect for
that PIN at the time of purchase.
All prepaid cards shall have an expiration date
linked to the date of purchase, at which point it
shall expire automatically. The expiration date is
communicated to you along with your PIN Number and
Access Number immediately following purchase. Any
unused minutes or value shall be forfeited upon expiration.
All telecommunications services used in connection
with Pins are provided by the underlying carriers
of those telecommunications services.
4. Third Party Providers
You may order, purchase, or otherwise obtain services
or merchandise through this Website from entities
not affiliated with MegaPrepaid.com ("Sellers").
All matters concerning the merchandise and services
obtained or desired from any Seller, including but
not limited to purchase terms, payment terms, warranties,
guarantees, maintenance and delivery, are solely
between you and the Seller. MegaPrepaid.com makes
no warranties or representations whatsoever with
regard to any goods or services provided by Sellers.
You will not consider MegaPrepaid.com nor will MegaPrepaid.com
be construed as a party to such transactions, whether
or not MegaPrepaid.com may have received some form
of revenue or other remuneration in connection with
the transaction or be liable for any costs or damages
arising out of, either directly or indirectly, you
or any other person involved or related to the transaction.
MegaPrepaid.com may contain links that provide
access to services provided by affiliates of MegaPrepaid.com.
These links are provided solely as a convenience
to you and not as an endorsement by MegaPrepaid.com
of the content of such other websites. WHEN YOU ACCESS
ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS
WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING
TO THE USE OF SUCH SERVICES
If we ask a third party to provide services through
the Website or for your use, the provisions of this
Agreement shall apply to your use of their services.
MegaPrepaid.com is not responsible for the content
on the Internet or WebPages that are contained outside
the Website. MegaPrepaid.com make no representations
as to the quality, suitability, functionality or
legality of any other websites to which we may provide
links, and you hereby waive any claim you might have
against MegaPrepaid.com with respect to such sites.
5. Indemnification
You agree to indemnify, defend and hold harmless
MegaPrepaid.com, its parent companies, subsidiaries,
affiliates, and any officers, directors, employees,
consultants, and agents of any of them from any and
all third party claims, liabilities, damages and/or
costs (including, but not limited to, reasonable
attorneys' fees) arising from your use of services
provided by MegaPrepaid.com, your violation of this
Agreement or your infringement, or infringement by
any other user of your account, of any intellectual
property right or other right of any person or entity.
The Agreement will inure to the benefit of MegaPrepaid.com
and its successors, assigns and licensees
6. Choice of Law, Jurisdiction,
and Venue
This Agreement shall be governed in all respects
by the laws of the State of Florida, without regard
to conflicts of laws principles; as such laws are
applied to agreements entered into and to be performed
entirely within Florida between Florida residents.
Both you and MegaPrepaid.com submit to the exclusive
personal jurisdiction of the State of New York and
further agree that any cause of action arising under
this Agreement shall be brought in a court in Orland,
Florida.
7. Severability
If any provision of this Agreement is held to be
invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced
and remain in full force and effect.
8. Waiver
The failure of either party to insist upon or enforce
strict performance by the other party of any provision
of the Agreement or to exercise any right under the
Agreement will not be construed as a waiver or relinquishment
to any extent of such party's right to assert or
rely upon any such provision or right in that or
any other instance.
9. Assignment
MegaPrepaid.com may freely assign this Agreement
and upon such assignment MegaPrepaid.com will be
relieved of any further obligation there under. You
may not assign its rights under this Agreement, in
whole or in part, to any third party.
10. Entire Agreement
This Agreement (including all Addendum and the
Privacy Policy) sets forth the entire understanding
and agreement between the parties with respect to
the subject matter herein, and supersedes all prior
agreements and understandings.
11. Fees
MegaPrepaid.com reserves the right to charge fees,
surcharges and/or membership fees at any time upon
without prior written notice to you.
12. Amendments
MegaPrepaid.com reserves the right to unilaterally
amend this Agreement at any time by either: (I) notifying
you by e-mail, in which case the amendments will
be effective upon e-mailing you the notification
at the e-mail address you have provided; or (ii)
by posting the amended version on the Website and
announcing on our Home Page that the amended agreement
is available. In this case, such amendments will
be effective when announced.
13. Miscellaneous
The services there under are offered by MegaPrepaid.com,
Florida corporation, located at 4630 S. Kirkman Road
- #231, Orlando, Florida 32811. Please feel free
to contact MegaPrepaid.com to resolve a complaint
regarding any aspect of service relating to the Website
by writing to the above address or emailing support@megaprepaid.com.
Upon your request, you may have this Agreement sent
to you by e-mail.
Californians have rights to the foregoing information
pursuant to California Civil Code Section 1789.3
and California Business and Professions Code Section
17538. If you are a California resident, you may
have this same information emailed to you by sending
a letter to the foregoing address with your e-mail
address and a request for this information. The Complaint
Assistance Unit of the Division of Consumer Services
of the Department of Consumer Affairs may be contacted
in writing at 400 R Street, Sacramento, CA 95814,
or by telephone at (800) 952-5210. If you notice
any users violating the terms and conditions of this
Agreement, you may notify us at:
4630 S. Kirkman Road - #231
Orlando, FL 32811
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED
BY MEGAPREPAID.COM
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