Privacy Policy

MEGA-CARE
GENERAL TERMS OF SERVICE and PRIVACY POLICY
INTRODUCTION AND TABLE OF CONTENTS

Welcome to Mega Care, owned and produced by Mega Care.com and its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as ” Mega Care “). Mega Care currently consists of various web pages at or linked to the URLs https://mega-care.com, https://mega-care.ai, which may expand or change from time to time. Mega Care is currently one of the most visited hubs on the Internet. Mega Care provides leading web search and navigation, communications and personalization tools, ai tools, great multiplayer real-time games with cash prizes, homepage building, web community services and more. Integrated, these sites help each individual user locate, retrieve and manage information tailored to his or her personal interests. Unless explicitly stated otherwise, any new products and services (as defined below), including the addition of new Mega Care properties shall be subject to these terms of service.

Mega Care makes available a variety of products and services through Mega Care (collectively, the “Products and Services”) subject to these general terms of service (“Terms of Service”). In addition, there are a variety of special products and services offered through Mega Care that have separate registration procedures and separate terms of service, terms of service, user agreements, or similar legal agreement. When you are using any service or product on Mega Care that does not have a separate legal agreement, the terms of service set forth here will apply. Mega Care also may supplement the terms of service with posted guidelines or rules applicable to specific areas of Mega Care. In addition, Mega Care also may offer other services from time to time that are governed by the terms of service of the respective service partners.

Because the terms of service contain legal obligations, please read them carefully.

Please direct any legal questions to:

legal@mega-care.com

The terms of service contain a variety of provisions that are generally applicable to the products and services and some provisions that apply to particular products and services. The following is a list of links to the various provisions in the terms of service. The headings contained in these provisions, and reflected in these links, however, are solely for your convenience and have no legal import. While this list of links may help you locate particular provisions, you should understand that you will be bound by the entire terms of service.

  1. Acceptance
  2. Conditions and Restrictions on Use
  3. Registration and Privacy
  4. Responsibility for Minors
  5. Parental Controls and Child Safety
  6. Member And User Conduct
  7. License to User Content
  8. Mail
  9. Shopping
  10. Web Publishing
  11. Anti-Phishing Toolbar
  12. Disclaimer of Warranties
  13. Limitation of Liability
  14. Removal of Links
  15. Disclaimer Regarding Third Party Content
  16. Storage
  17. Disclaimer Regarding Multimedia Search and Other Pictures, Movies, Streams and Sounds Located Through Mega Care Search Services
  18.  Mega Care Image Gallery Disclaimer
  19. Advertisers and Content Linked to Mega Care
  20.  Mega Care Logos and Search Boxes
  21. No License; Intellectual Property Rights of Mega Care and Others
  22. Indemnity and Release
  23. Limitation of Action
  24. Copyright, Trademark, and Patent Notices
  25. Claims of Copyright Infringement
  26. Arbitration, Governing Law, and Forum for Disputes
  27. Changes in Terms of service and Changes in Products and Services
  28. Merger
  29. Non-Waiver and Separability
  30. Relationship of Parties
  31. No Resale, Assignment, or Sublicensing
  32. Successors and Assigns
  33. Termination; Survival
  34. Communication with Users
  35. Submissions of Ideas
  36. Export Controls
  37. Violation of Terms of service
  1. ACCEPTANCE

By using the products and services, you are agreeing, without limitation or qualification, to be bound by, and to comply with, these terms of service and any other supplemental terms and conditions, posted guidelines or rules applicable to any individual Mega Care  web site, product or service. All such guidelines and rules are hereby incorporated by reference into the terms of service.

  1. CONDITIONS AND RESTRICTIONS ON USE

Use of the products and services is subject to compliance with these terms of service. You acknowledge and agree that Mega Care may terminate your access to Mega Care or to any of the products and services should you fail to comply with the terms of service or any other guidelines and rules published by Mega Care. Any such termination shall be in Mega Care’s sole discretion and may occur without prior notice, or any notice. Mega Care further reserves the right to terminate any user’s access to Mega Care or to any of the Products and Services for any conduct that Mega Care, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Mega Care or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Mega Care further reserves the right to terminate any user’s access to Mega Care or to any of the products and services for any reason or for no reason at all, in Mega Care s sole discretion, without prior notice, or any notice.

In order to use the products and services, users must have access to the World Wide Web and must navigate the Internet to https://mega-care.com or another of the URLs associated with the Mega Care. Be aware that the majority of Mega Care is for general audiences, although there are certain areas on Mega Care that contain adult or mature content. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. There are also other (mainly commerce-related) areas of Mega Care which are restricted to persons under 18 years of age. With respect to general audience content, if Mega Care learns that anyone under the age of 14 has accessed the products and services, Mega Care will require verified parental consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Certain areas of the Mega Care, however, may not be available to children under 14 under any circumstances.

Mega Care does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.

  1. REGISTRATION AND PRIVACY

Certain of the products and services will require the user to register and provide certain data. In consideration of use of such products and services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various Mega Care registration forms (“Registration Data”) and (b) you will maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Mega Care has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mega Care has the right to suspend or terminate your account and refuse any and all current or future use of the products and services.

All Mega Care registrations become the exclusive property of Mega Care, its affiliates and subsidiaries. Mega Care reserves the right to use and reuse all registration and other personally identifiable user information subject to Mega Care Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in Mega Care Privacy Policy and at individual Mega Care sites.

You acknowledge receipt of  Mega Care Privacy Policy, including our Notice Regarding the Privacy of Children Under 14 While on Mega Care.

  1. RESPONSIBILITY FOR MINORS

In cases where you have authorized a minor to use the products and services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the products and services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF Mega Care MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.

  1. PARENTAL CONTROLS AND CHILD SAFETY

Certain material available on the Internet is not appropriate for minors. To prevent or limit your children’s access to such materials, a number of parental control protections (such as computer hardware, software, or filtering services) are commercially available. For more information on such parental control protections, click here. To review our Notice Regarding the Privacy of Children Under 14 While on Mega Care, click here.

  1. MEMBER AND USER CONDUCT

Upon registering, you will receive a password and Mega Care ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify Mega Care of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Mega Care cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not Mega Care, are entirely responsible for all content that you upload, post, e-mail or otherwise transmit via the Services. Mega Care does not control the user or third party content posted via the products and services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party content. You acknowledge and agree that by using the products and services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Mega Care be liable in any way for any user or third party content, including, but not limited to, for any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, e-mailed or otherwise transmitted via the Products and Services. As a general matter, Mega Care does not pre-screen user or third party content posted on Mega Care, except for certain areas where Mega Care employs certain automated screening software, although Mega Care reserves the right to do so. Mega Care does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. Mega Care reserves the right to monitor some, all, or no areas of the products and services for adherence to these Terms of service or any other rules or guidelines posted by Mega Care.

The products and services may only be used for the intended purpose for which such products and services are being made available. The intended purpose of site building software on Mega Care is to maintain, publish and produce web sites on Mega Care that are consistent with these terms of service.

Prohibited Conduct

You agree that you will not use Mega Care products and services to:

  1. Upload, post, e-mail, otherwise transmit, or post links to any content, or select any member or user name or e-mail address, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
  2. Upload, post, e-mail, otherwise transmit, or post links to any content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
  3. Upload, post, e-mail, otherwise transmit, or post links to any content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
  4. Harm minors in any other way.
  5. Make any sexual request on behalf of a minor or make any sexual request of a minor.
  6. “Stalk” or otherwise harass another.
  7. Collect or store personally identifying information about other users for commercial or unlawful purposes.
  8. Impersonate any person or entity, including, but not limited to, a Mega Care official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  9. Employ misleading e-mail addresses or falsify information in the header, footer, return path, or any part of any communication, including e-mails, transmitted through the products and services.
  10. Upload, post, e-mail, otherwise transmit, or post links to any content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  11. Upload, post, e-mail, or otherwise transmit, or post links to any content that facilitates hacking.
  1. Upload, post, e-mail, otherwise transmit, or post links to any content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights (“Rights”) of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
    1. Making available copyrighted software or other content that has had the copyright protection removed.
    2. Making available serial numbers for software that can be used to illegally validate or register software.
    3. Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted content.
    4. Making available any software files for which the user does not own the copyright or have the legal right to make available.
  2. Upload, post, e-mail, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.
  3. Upload, post, e-mail, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the products and services or Mega Care.
  4. Use automated means, including additional computers, software and scripts, to enhance play in Mega Care games and promotions.
  5. Use automated means, including spiders, robots, crawlers, or the like to download data from any Mega Care database.
  6. Conduct your own contests and promotions.
  7. Upload, post, e-mail, otherwise transmit, or post links to any content regarding any raffle, contest or game requiring a fee by participants.
  8. Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any content from any Mega Care database, including, without limitation, by incorporating data from any Mega Care database into any e-mail or “white pages” products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
  9. Sell, distribute, or make any commercial use of data obtained from any Mega Care database or make any other use of data from any Mega Care database in a manner which could be expected to offend the person for whom the data is relevant.
  1. Create and maintain a Mega Care web page (including, but not limited to, Webon home page) that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages. For example, you cannot create a tripod home page, post pictures to the tripod home page, and have other web pages call the tripod home page to retrieve those pictures.
  2. Create and maintain a Mega Care web page that contains hyperlinks to content not permitted on Mega Care.
  3. Disrupt the normal flow of dialogue in a chat room, cause a screen to “scroll” faster than other users of the products and services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
  4. Interfere with or disrupt the products and services or servers or networks connected to the products and services, or disobey any requirements, procedures, policies or regulations of networks connected to the products and services.
  5. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
  6. Use the products or services to sell, purchase, or offer to sell or purchase any registered or unregistered securities.
  7. Upload, post, e-mail, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
  8. Disobey any Mega Care employee or representative or interfere with any action by any Mega Care employee or representative to redress any violation of these Terms of service.
  9. Access the Products and Services after your account or access has been terminated by Mega Care.
  10. Fail to complete any transaction after submitting an order to purchase any goods or services from individual Merchants in Mega Care Shop subject to the individual Merchant’s or seller’s Terms of service governing such transactions.
  11. Submit any order to purchase goods or services from individual Merchants in Mega Care Shop where you do not intend to complete the transaction.
  12. Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
  13. Use any software deployed in connection with the products and services to process data as a service to other entities without the express written consent of Mega Care or the party from whom such software may be licensed.
  1. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the products and services.
  2. Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law.
  3. Upload, post, e-mail, otherwise transmit, or post links to any material, or act in any manner that is offensive to Mega Care community or the spirit of these terms of service.
  4. Advertise, offer for sale, or sell any of the following items:
    1. Any firearms, explosives, or weapons.
    2. Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
    3. Any alcoholic beverages.
    4. Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
    5. Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
    6. Any controlled substances or pharmaceuticals.
    7. Any items that are counterfeit or stolen.
    8. Any dangerous items.
    9. Any goods or services that do not, in fact, exist.
    10. Any registered or unregistered securities.
    11. Any items that violate or infringe the rights of other parties.
    12. Any items that you do not have the legal right to sell.
    13. Any items where paying Mega Care any of the required transactional or listing fees would cause Mega Care to violate any law.

You acknowledge and agree that Mega Care and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any content that is available via the products and services at any time, for any reason, or for no reason at all, with or without notice. Without limitation Mega Care and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any content that violates the terms of service or is otherwise objectionable as determined by Mega Care, in its sole discretion. Mega Care may also terminate access to, or membership in, Mega Care, or any portion thereof, for violating these terms of service. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by or obtained through the use of Mega Care, including without limitation, information posted on message boards.

You expressly acknowledge and agree that Mega Care may preserve content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Mega Care, its users and the public. You acknowledge and agree that the technical processing and transmission of the products and services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Mega Care with regard to its users may be disclosed in accordance with Mega Care’s Privacy Policy.

Mega Care also may suspend or terminate any user account for any product or service because of user inactivity. For example, a Mega Care mail account may be terminated or suspended if a user fails to sign-in to the Mega Care mail service for an extended period of time; please see the Mega Care Mail Help section for more information regarding Mega Care mail’s policies concerning account termination. What is considered “user inactivity” varies depending on the product or service. If one of your accounts is suspended or terminated for inactivity, your right to use such product or service immediately ceases.

  1. LICENSE TO USER CONTENT

With respect to any content posted by or in connection with the products and services, you grant Mega Care a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such content to publish and promote such content in connection with the particular Products and Services and to publish and promote such content elsewhere within Mega Care. Such license shall apply with respect to any form, media, or technology now known or later developed.

  1. MAIL

Before you register for a Mega Care mail account, you must read and agree to these Terms of Use and the Mega Care  Mail Terms of Service, including any future amendments.

Mega Care may in the future offer subscription and unpaid versions of its electronic mail services. For users of the unpaid mail services, Mega Care reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the user’s account has been inactive. Specifically, Mega Care reserves the right, in its sole discretion, to delete any materials (including e-mails) stored in connection with an unpaid Mega Care Mail account if the user’s account has been inactive for thirty (30) days. If you subscribe to Mega Care mail, you agree to be bound by the subscription agreement.

  1. SHOPPING

Eligibility. Mega Care Shopping is made available for all users who. By accepting these Terms of service, you represent and warrant that you are not and will not use any Mega Care product or service for any illegal activity, use or practice. Any illegal activity, use or practice will be reported to the proper authorities. Mega Care is not responsible or liable for any illegal activity.  Further requirements for eligibility may be specified by individual merchants prior to purchase. It is your responsibility to review the terms of services for each individual merchant from which you make a purchase.

Changes to this Agreement or Service. You agree that we may change the terms and conditions in this agreement at any time. We will let you know that there is a change to this agreement by putting the word “Updated” next to the link to “Legal Terms” at the bottom of each page on this web site. You further agree that we may change Mega Care Shopping or remove this service at any time in our sole discretion, for any reason or no reason and with or without notice to you. You agree that if you continue to use Mega Care Shopping after we have posted a change to this agreement, then you are bound by the most recent version of this agreement.

Content. Mega Care does not sell, resell or license any of the products listed on Mega Care Shopping nor does Mega Care act as an agent of sale. Mega Care disclaims any responsibility for, or liability related to, any such products and services (see Disclaimer of Warranties and Limitation of Liability below). Any questions, complaints or claims related to any product should be directed to the appropriate merchant or seller.

Mega Care does not warrant that product descriptions, pricing, editorial commentary or any other content displayed on Mega Care Shopping is accurate, complete, reliable, current or error-free. All such content is provided for informational purposes only and does not constitute an endorsement by Mega Care of any product, merchant, seller, service, or any reviews or comments thereof regardless of the source of such review or comment. Mega Care assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. user merchant rating, or user product rating) or other content within Mega Care Shopping.

Links to Merchant Sites. Mega Care Shopping provides links to the sites of third-party merchants and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by Mega Care of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. Mega Care is not responsible for examining or evaluating and does not warrant or claim responsibility in any way for, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their web sites. You should carefully review their privacy statements and other conditions of use.

Mega Care has no control over the business practices of any third-party merchant or seller, nor does it control in any way the quality, safety or legality of any item listed on Mega Care Shopping or any business transaction that occurs as a result of products listed on Mega Care Shopping. IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON Mega Care SHOPPING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE Mega Care, ITS SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH Mega Care, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

If you are a California resident, by using Mega Care Shopping, you explicitly waive the rights granted to you under California Civil Code 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

  1. WEB PUBLISHING (DOMAINS, HTML GEAR)

In General. Mega Care offers versions of the Webon and HTML gear services that are free of charge, exclusive of Internet or other telecommunications and computer equipment charges and fees. Any aspect of such services may be modified by Mega Care for any reason or for no reason at all, in Mega Care sole discretion, without prior notice, or any notice. Mega Care allows one unpaid membership, one unpaid Webon membership, and one unpaid HTML gear membership per individual with a legitimate electronic mail address. If a user of the unpaid version of Webon does not build a homepage within twenty eight (28) days after registering for such service, Mega Care may delete such member’s Webon account. Mega Care also offers subscription versions of the HTML gear and domains services. If you subscribe to such services, you agree to be bound by the subscription agreement.

Services License: By submitting a web page to the unpaid versions of Webon or any other unpaid web page hosting service on Mega Care, you grant Mega Care a royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, publicly perform, create compilations including, and distribute such web page, and any associated Content, for the limited purposes of publishing and promoting the user’s web page in connection with the particular service with which the user has chosen to have the web page hosted and for publishing and promoting such web page elsewhere within Mega Care. Such license shall apply with respect to any form, media, or technology now known or later developed. The term of the license will extend only for the duration of the user’s membership with Mega Care service (e.g., Webon). In the event that such membership is terminated, Mega Care will relinquish all rights to the user’s content as described above following the duration of any applicable promotional activities ongoing at the time the membership is terminated.

Scraping: With certain web publishing services, you may make your content available for “scraping.” This means that you allow other users to copy your content and to incorporate it into their home pages or planets. If you post content on your home page or planet, and if you make it available for scrapping, you represent and warrant that (a) you are the owner of such content and (b) that the posting of such content by you – and the copying and posting of such content by another user – will not violate the copyright, patent, trademark, trade secret, privacy, publicity, or other right of any party.

Advertisements: You acknowledge and agree that Mega Care runs advertisements on the web pages of its users of unpaid services and grant Mega Care the right to do so. These advertisements may include, without limitation, “banner” advertisements and “pop-up text” advertisements. The manner, mode, and extent of such advertising are subject to change.

Please read the entire terms of service as all Mega Care properties, products and services are subject to these Terms of service.

  1. ANTI-PHISHING TOOLBAR

Mega Care offers an online toolbar that provides anti-phishing protection. This toolbar and the anti-phishing protection are provided by a third-party licensor. The product is designed to alert users to web sites that may be phishing websites, that is, sites that attempt to deceive users into disclosing credit card information and other valuable information. However, Mega Care and its licensors make no representations that the toolbar will detect all phishing web sites or that a site identified by the toolbar as a phishing site is in fact such a site. Mega Care and its licensors disclaim any liability from your use of the toolbar or for your use of any third party site. Users of the toolbar may be offered subscription and/or insurance services. These services are provided by a third party and Mega Care and its licensors shall have no involvement or liability with such services. To uninstall the toolbar, click the “Start” menu, select “Control Panel,” and then select “Add or Remove Programs.” Select ” Mega Care securitybar,” then click the “Remove” button. To view the toolbar end user license agreement, please click here.

  1. DISCLAIMER OF WARRANTIES

THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Mega Care DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, Mega Care DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. Mega Care SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Mega Care DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. Mega Care DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. Mega Care DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. Mega Care MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY Mega Care.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

  1. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL Mega Care OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF Mega Care OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, Mega Care. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHOUT Mega Care.

UNDER NO CIRCUMSTANCES SHALL Mega Care OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

  1. REMOVAL OF LINKS

Mega Care occasionally receives requests from people to remove links from Mega Care search services. Although Mega Care reserves the right to address such requests individually, the general approach that Mega Care takes reflects the following principles: The catalogs and databases used in connection with Mega Care search services consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, Mega Care cannot and does not screen anything made available through the Mega Care services’ catalogs and databases. In other instances, Mega Care makes available directories, indices, and references consisting of content that has been identified, indexed, and compiled by humans. Furthermore, some of the catalogs and databases that can be searched in Mega Care are compiled by third parties through automated processes. However, if the operator of the site does not take steps to prevent it (i.e. make use of the robots.txt file or robots meta tags), the automatic facilities used to create the catalogs and databases are likely to find it and index it again in a relatively short amount of time.

  1. DISCLAIMER REGARDING THIRD PARTY CONTENT

Mega Care offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites displayed as search results or contained within a directory of links, Mega Care has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on Mega Care or provided to Mega Care by third parties, Mega Care may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through Mega Care from such sources is developed by people over whom Mega Care exercises no control. The search results that appear from the catalogs indexed by Mega Care’s spiders or web robots are automated, and Mega Care cannot and does not screen the sites before including them in the catalogs from which such automated search results are gathered. Similarly, web pages hosted by Mega Care are posted by third parties, and, with the exception of certain automated screening functions, Mega Care cannot and does not screen such web pages before they are made accessible to other users of Mega Care. Accordingly, neither Mega Care nor its licensors assume any responsibility for the content of any site included in any search results or otherwise linked to Mega Care web sites or in any web page hosted for a third party within Mega Care. In instances where Mega Care does review the sites that are displayed in directories, indices, and/or references, or where Mega Care makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by Mega Care, if any, is narrowly limited to that which is necessary for compiling the particular set of links.

  1. STORAGE

Many features of Mega Care store information on behalf of users. Examples include, but are not limited to, e-mail messages, chat, web pages, message boards, and calendar functions. Mega Care reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the user’s account has been inactive.

  1. DISCLAIMER REGARDING MULTIMEDIA SEARCH AND OTHER PICTURES, MOVIES, STREAMS AND SOUNDS LOCATED THROUGH MEGA CARE SEARCH SERVICES

Pictures, movies, streams, and sounds (the “Multimedia Content”) located through Mega Care Multimedia Search and other Mega Care search services are protected by copyright and/or other intellectual property laws. Mega Care does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, or create derivative works from any files containing such multimedia content. Where search results link to sites outside Mega Care, all of the multimedia content contained on such sites is owned and served by entities other than Mega Care. Mega Care provides you with the URL or address of the multimedia content; this information may be used to determine the server of the multimedia content. If you intend to make use of any multimedia content accessed through our site for commercial or noncommercial purposes, we strongly suggest that you contact the server of the multimedia content for permission to use the multimedia content.

  1. MEGA CARE IMAGE GALLERY

LIMITED LICENSE: Use of the Mega Care Image Gallery indicates your acceptance of the following terms of service and Mega Care terms of service. The images made available through the Mega Care Image Gallery are copyrighted images which may also be subject to certain other legal rights. You may only utilize each image for personal, home use or for any of the following purposes: criticism, comment, news reporting, teaching (includes multiple copies for classroom use), scholarship or research. You may not create derivative works from an image, display or distribute copies of it, publish it, use it in a performance, or modify it in any manner except size. You may not distribute or sublicense the images nor use the images in any commercial, advertising, marketing or professional manner whatsoever. Neither Mega Care nor our photo providers will be responsible or liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from your access to or use or misuse of the images displayed on Mega Care’s Image Gallery.

  1. ADVERTISERS AND CONTENT LINKED TO MEGA CARE

Mega Care may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave Mega Care to access third-party material or by bringing the third party material into this site via “inverse” hyperlinks and framing technology. Mega Care has no control over such sites and resources. You acknowledge and agree that Mega Care is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Mega Care shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Mega Care products and services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Mega Care shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the product and services.

Mega Care encourages you to exercise discretion while using the products and services to browse the Internet. Mega Care may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. Mega Care makes no representations concerning any effort to review the content of any of the sites listed in automated search results, Web Guides or other directories, or of any of the sites otherwise linked to Mega Care web sites. Mega Care shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in Mega Care search results or otherwise linked to Mega Care web sites or provided to Mega Care by third parties.

  1. MEGA CARE LOGOS AND SEARCH BOXES
  1. Linking to Mega Care

Mega Care offers a non-assignable, non-transferable, and non-exclusive license to link to Mega Care’s web sites, using Mega Care logos and search boxes, subject to the following provisions. Mega Care logos and search boxes may be placed on a web site for the sole purpose of creating a link to Mega Care and allowing users of your site to access the Products and Services on Mega Care. Mega Care logos and search boxes may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by Mega Care. Mega Care logos and search boxes may only be used in accordance with the  Mega Care Trademark Usage Guidelines and may only be used in the exact size, shape, colors, design, and configuration as found on those web pages. Mega Care logos and search boxes may not be altered in any manner. Mega Care logos and search boxes must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo or search box and other graphic or textual elements. Mega Care logos and search boxes may not be used to disparage Mega Care, its products or services, or in a manner which, in Mega Care’s reasonable judgment, may diminish or otherwise damage Mega Care’s good will in Mega Care logos. By using any such Mega Care logo or search box, you acknowledge that Mega Care has exclusive rights to the logo or search box, and that all good will generated through your use of the logo or search box will inure to the benefit of Mega Care.

If you use Mega Care logos or search boxes, you must include appropriate attribution, for example: ” Mega Care.ai ® is a registered trademark of Mega Care.com. ” Mega Care reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. Mega Care reserves the right to take action against any use that does not conform to these provisions.

  1. Permissions

If you would like permission to use any Mega Care trademark, logo, service mark, trade dress, slogan, screen shot, copyrighted design, or other brand feature, then please review the  Mega Care Trademark Usage Guidelines.

Once you have reviewed our guidelines, please e-mail the permissions agent at permissions@mega-care.com, specifying from which product or service you would like to use information. The permissions agent will contact you with the permission form. Your request will be processed once we receive your completed permission form. Please note that Mega Care grants permission only on a per-item, per-project basis.

Your request will be processed once we receive your completed permission form. You will typically receive a response within ten (10) business days. If your request is approved, that approval will be expressly subject to the above-referenced guidelines as well as all additional terms set forth in Mega Care’s permission approval letter.

Please do not call or contact our registered copyright agent with any permission requests.

  1. NO LICENSE; INTELLECTUAL PROPERTY OF MEGA CARE AND OTHERS

Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of Mega Care or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate Mega Care and the products and services is protected by copyright, trademark, patent, or other proprietary rights of Mega Care and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Mega Care in connection with the products and services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Mega Care, any of Mega Care’s affiliates, or any of Mega Care’s service providers. You agree not to use any of the trademarks or service marks or other content accessible through Mega Care of any purpose other than the purpose for which such content is made available to users by Mega Care.

You agree not to defame or disparage Mega Care, the trademarks or service marks of Mega Care, or any aspect of the products and services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the products and services or any software or programs used in connection with the products and services or Mega Care

  1. INDEMNITY AND RELEASE

By using Mega Care web sites you agree to indemnify Mega Care and its subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of Mega Care web sites, your use of the products and services, or your submission of ideas and/or related materials to Mega Care or from any person’s use of any account or password you maintain with any portion of Mega Care, regardless of whether such use is authorized by you. By using Mega Care, using the products and services, or submitting any ideas and/or related materials to Mega Care, you are hereby agreeing to release Mega Care and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Mega Care.

YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

  1. LIMITATION OF ACTIONS

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Mega Care or the products and services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

  1. COPYRIGHT, TRADEMARK, AND PATENT NOTICES

Copyright © 2001 – 2023 Mega Care.

The following trademarks and service marks are owned by Mega Care and its subsidiaries: All other marks that appear throughout the products and services belong to Mega Care members of Mega Care, or the respective owners of such marks, and are protected by U.S. and international law. Any use of any of the marks appearing throughout the Products and Services without the express written consent of Mega Care or the owner of the mark, as appropriate, is strictly prohibited.

  1. CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in any way that constitutes copyright infringement, please provide Mega Care copyright agent with a notification containing the following information:

Mega Care agent for notice of claims of copyright infringement is:
Registered Copyright Agent

E-mail address: copyright@mega-care.com

It is the policy of Mega Care, in appropriate circumstances, to disable and/or terminate the accounts of users who engage in repeated copyright infringement.

Mega Care reserves the right to transmit the notification to the user of the site containing the allegedly infringing material. Mega Care also reserves the right to transmit any counter-notification to the complaining party.

Unless expressly stated to the contrary elsewhere within the products and services, all legal issues arising from or related to the use of the products and services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of Indiana applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these terms of service or any user’s use of the products and services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Fort Wayne, Indiana, and judgment on the arbitration award may be entered into in any state or federal court in Indiana having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Indiana having jurisdiction thereof. Except as set forth above, the state and federal courts of Indiana shall be the exclusive forum and venue to resolve disputes arising out of or relating to these terms of service or any user’s use of the products and services. By using the products and services and thereby agreeing to these terms of service, users consent to personal jurisdiction and venue in the state and federal courts in Indiana with respect to all such disputes.

Mega Care reserves the right to modify the products and services from time to time, for any reason, and without notice, including the right to terminate the products and services. Mega Care reserves the right to modify these Terms of service from time to time, without notice. Please review these terms of service from time to time so you will be apprised of any changes.

These terms of service constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Mega Care representations and you with respect to the subject matter hereof; except that any other terms of service located on any individual Mega Care web site or in connection with the products and services are incorporated herein by reference to the extent they do not conflict with these terms of service. To the extent that any other terms of service or terms of service conflict with these terms of service, those other provisions shall control with respect to the use of the particular web site and any products or services available on or through the web site or the respective product or service at which those other provisions may be found.

Mega Care’s failure to exercise any right or provision of these terms of service shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms of service to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of these terms of service remain in full force and effect.

You acknowledge and agree that you and Mega Care are independent contractors under these Terms of service, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these terms of service has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these terms of service without prior express written authorization of Mega Care.

Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these terms of service shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

These terms of service shall continue in effect for as long as you use the products and services, unless specifically terminated earlier by Mega Care. All provisions of these terms of service which impose obligations continuing in their nature shall survive termination of these terms of service.

You consent to receive communications from Mega Care concerning your use of the products and services (“Communications”). The communications may be those that Mega Care is required to send to you by law concerning the products and services (“Required Communications”). The communications may also be those that Mega Care sends to you for other reasons. You consent to receive communications electronically. Mega Care may provide these communications to you by sending an e-mail to the e-mail address you provided in connection with your account or by posting the communication on Mega Care. You also consent to receive communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the e-mail or postal address to which Mega Care sends communications by visiting your account information page.

For a period of 130 days from the date that Mega Care first provided a required communication to you in electronic form, you may request a paper copy of such required communication by sending a request to Mega Care.com, contact@mega-care.com; Attention: Customer Service (the “Customer Service Address”). Mega Care may charge a reasonable fee for providing paper copies. You may, without payment of special fees, withdraw your consent to receive required communications electronically by sending a notice to the customer service address that identifies your full name, user name and postal mailing address. However, if you withdraw such consent, then Mega Care reserves the right to terminate your right to use the products and services, including, without limitation, by terminating your account and any subscription services that you may have.

In order to receive required communications, you must provide Mega Care, upon registration with Mega Care, a valid e-mail address to which Mega Care may send electronic mail. Your computer must also have a modem or other means of Internet access, an Internet browser such as Microsoft Edge 116.x, Firefox 117.x, or Google Chrome 116.x, Safari 16.x or above, e-mail communications software capable of receiving and storing electronic mail, and a printer, if you wish, for printing electronic communications. Mega Care will provide notice of any changes to these requirements.

Mega Care is always improving its products and services and developing new features. If you have ideas regarding improvements or additions to Mega Care, we would like to hear them — but any submission will be subject to these terms of service. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO MEGA CARE BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO Mega Care, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO Mega Care THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT Mega Care IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY Mega Care, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

Certain software, and related documentation or technical information, available through Mega Care is subject to applicable laws and regulations of the United States pertaining to export controls. By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the U.S. Department of Commerce’s Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions.

Should you violate these Terms of service or any other rights of Mega Care and Mega Care reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of Mega Care web sites.

If you are aware of any violations of these terms of service, please report them to:
Mega Care Abuse Manager

E-mail Address: abuse@mega-care.com

Please read the entire terms of service, as all Mega Care properties, products and services are offered subject to these terms of service.

We hope your enjoyment of Mega Care’s products and services will be enhanced by the application of these terms of service. It is our belief that your understanding of the guidelines we have set forth will allow the Mega Care community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these terms of service and we hope you enjoy our Products and Services.

Last updated September 20, 2023.

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Privacy Policy

Welcome to Mega Care, owned and operated by Mega Care.com. and its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as ” Mega Care “). All Products and Services on the following web sites are made available subject to this Privacy Policy: https://mega-care.com. By using our Products and Services, you agree, without limitation or qualification, to be bound by this Privacy Policy or any other privacy or data collection policy applicable to any individual Mega Care Web site and to receive any required legal notices regarding our privacy practices through the continuous posting of a clear and conspicuous link to the current version of this Privacy Policy throughout Mega Care near the bottom of most pages. If you become an inactive user, we will adhere to the policies and practices as described in this Privacy Policy, which may be revised from time to time.

Please note that Mega Care contains links to other sites and occasionally allows other sites to be co-branded with the Mega Care name. Web sites that are linked to Mega Care sites or carry the Mega Care brand for co-branding or marketing purposes may have privacy policies which differ from that of Mega Care.

In no event while being on or using any Mega Care services – nor owner, employees, agents, partners, affiliates, suppliers, content providers, third party entities, influencers, etc, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (i) for any lost profits, any data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, ransomware, or the like (regardless of the source of origination) or (iii) for any direct damages in excess of (in the aggregate) from any navigation away from any Mega-care website to any third party website.

This website (Mega Care) may contain advertisements of products and services that are provided by third parties. We make no representation or warranties about the suitability of such products or services referenced in these advertisements for any purpose. Our inclusion of such products and services does not constitute their recommendation or endorsement. When you click on an advertisement, you will be taken to a third party website that is not controlled or managed by us (Mega Care). Therefore, you should please carefully read the privacy policy and terms and conditions of such websites. We do not control such websites nor the practice of such websites.

Mega Care Privacy Policy discloses our privacy practices and contains detailed information about the following:

  1. What information of yours does Mega Care collect?
  2. What organization is collecting the information?
  3. What are “cookies” and “Web beacons” and how does Mega Care use them?
  4. How does Mega Care use the information?
  5. With whom does Mega Care share the information that is collected?
  6. How can you access or edit your information?
  7. What are the policies concerning advertising on Mega Care?
  8. What is the opt-out policy for Mega Care?
  9. What types of security procedures are in place to protect against the loss, misuse or alteration of your information?
  10. How does Mega Care comply with the Children’s Online Privacy Protection Act (COPPA)?
  11. What are the policies concerning software downloads?
  12. Where is personally-identifiable information stored and processed?
  13. What you can do to better protect yourself on the Internet?
  14. Mega Care collect?

Our goal is to become your favorite Internet destination by providing the information, services, and product offerings that are most relevant to you. To achieve this goal, Mega Care temporarily collect information so we can understand what makes you different from its millions of other unique users. While you are not required to register for any services on Mega Care, some products and services may not function properly or may not be accessible unless you do.

Mega Care does not store or generate a user profile or store information about its users while using our search queries or services. If a user creates a Mega Care account, the account is properly secured and is never shared with any third-party.

If the user clicks onto and navigates away from Mega Care to a third-party website, Mega Care is not liable or responsible for any of the third-party practice, policies or how third-party uses user data.

Information collected online is usually defined as being either anonymous or personally identifiable.

  • refers to data that tells us specifically who you are, such as your name and postal address. Mega Care temporarily collects personally identifiable information in the following ways from different parts of its network of web sites:
    1. In addition to registration for various products or services on Mega Care, we may ask you for personally identifiable information at other times, including when you enter a sweepstakes, contest or promotion sponsored by Mega Care. As described below, our co-brand partners also may ask for personally identifiable information. If you register for premium or subscription services, we will ask for a valid credit card number. If you choose not to provide the requested information, Mega Care may not be able to offer you some of the personalized services that depend on this type of information to function.
      1. If you contact Mega Care, we may keep a record of that correspondence. We do not collect any email addresses of those who communicate with Mega Care via email. We use the information provided so that we may respond to the email.

Mega Care reserves the right to collect certain information and store it in connection with your account. This information includes information about the different sites that you visit within Mega Care as well as the time and frequency at which you visit them. This information also includes the content that you transmit or post on Mega Care. For further information about Mega Care policy on maintaining transmitted or posted content, please see Mega Care Terms and Conditions.

When you register for a service within Mega Care, that information is generally collected and maintained solely by Mega Care unless specifically stated otherwise at the point of collection. If data is collected and/or maintained by any company other than Mega Care, we will tell you at the point of collection. If you do not want to share your information with that company, you can choose not to use that service.

Mega Care runs many promotions and sweepstakes across its Network. These promotions may be sponsored or co-sponsored by third-party companies. Data collected during a promotion is typically shared with the sponsor or co-sponsor. Mega Care will inform you at the point of collection whether or not we are sharing your personal data as a result of your participation in a promotion or sweepstakes. If you do not want to have Mega Care share your data, you can choose not to participate in the promotion or sweepstakes.

Be aware that Mega Care sponsors and other advertisers have links on the Network that take you to external sites. Some of these sites may collect personally identifiable information from you, and third-party advertising networks for Mega Care may use cookies and web beacons in their advertisements to collect certain information from you. Please see Section 7 of this policy for more information about advertising on Mega Care. While Mega Care hopes that all third parties involved adhere to our policies regarding the privacy of our users, Mega Care private policy does not cover third-party data collection practices and Mega Care does not assume any responsibility for any actions of third parties.

  • Mega Care use them?

In addition to the personally identifiable information that Mega Care actively collects when you register, we also collect anonymous information passively using cookies and web beacons. This technology plays an important role in making the Internet work, but there is much confusion among Internet users about what cookies and web beacons are and how they are used.

A cookie is a small text file containing a unique identification number that is transferred from a web site to the hard drive of your computer so that the site administrator may identify your computer and passively track its activities on the web site. This unique number identifies your web browser to our computer system whenever you visit one of the sites in Mega Care. A cookie will not allow a web site to learn any personally identifiable information (such as your real name and address) that you have not otherwise disclosed.

Cookies allow Mega Care to automatically remember your web browser when you visit our network of web sites. To help serve you better, Mega Care generally uses cookies to:

  • By storing certain registration and preference information on cookies or associating cookies with registration, preference or profile information stored on our computers, we can deliver products and services that use such information more quickly and efficiently for more users. This information is normally saved in an encrypted form that only Mega Care can interpret.
    • On some Mega Care sites, cookies help us efficiently determine that only one user is logged on under the same member name at a time.
    • such as audience size and traffic patterns. This information is only collected in aggregate form and will not be linked to your personally identifiable information.
    • Cookies let us know whether a web browser has seen a particular advertisement (so we can show you a variety of material) and count the number of advertisements displayed to a particular browser. We also use cookies to customize the advertising you see based on non-personally identifiable demographic information that you provide when you register. Third-party advertising networks for Mega Care may issue cookies on Mega Care and other sites when serving advertisements.

The use of cookies is an industry standard, and they are currently used on most major Web sites. It is possible to adjust your web browser preferences to alert you when a cookie is sent to your hard drive, or to refuse cookies altogether. While Mega Care does not require you to use cookies, keep in mind that certain sites and services will not function properly if you set your browser to refuse all cookies.

Web beacons, also known as clear GIFs or single-pixel GIFs, are small image files that Mega Care may place on web pages and within web-based email newsletters that we send. Working in conjunction with cookies, web beacons allow Mega Care to accurately count the number of unique users who have visited a specific page on Mega Care and the number of times those pages are displayed. We can also use web beacons to let us know how many people opened a Web-based email newsletter. This information is only collected in aggregate form and will not be linked to your personally identifiable information.

Without cookies and web beacons, it would be difficult for Mega Care to know which services have a larger audience than others. Tracking audience size helps us to better understand when to launch new services and enhance the current offerings. Keep in mind that any image file on a web page can act as a web beacon. Third-party advertising networks for Mega Care may use web beacons in their advertisements.

Because web beacons work in conjunction with cookies, you can prevent our web beacon from collecting anonymous information by setting your web browser to refuse all cookies or Mega Care cookie in particular. Web beacons are built into our web pages, so non-functional web beacons will continue to appear even if you refuse Mega Care cookie.

Third parties use flash cookies, also known as “local shared objects,” on our sites that employ flash technology. Flash cookies are small files similar to browser cookies and are used to remember the site’s settings to personalize the look and feel of the site. Like normal cookies, flash cookies are represented as small files on your computer. One method of preventing flash cookies from being placed is to adjust your preferences in the Macromedia Website Privacy Settings Panel at macromedia.com.

  • Mega Care use the information it collects?

Any personally identifiable information you share with Mega Care, when registering for products and services at any of our network sites, is maintained and accessible only by Mega Care unless specifically stated otherwise. Mega Care requests information from its users so that users can enjoy customized experiences across Mega Care, including personalization services, interactive communications, online games and much more. Most of these products and services are available to you at no cost, and Mega Care displays advertisements so we can continue to provide great content and services free of charge. We can also better prepare future content based on your interests.

The following are examples of how Mega Care may use the information it collects:

    • Your credit card information is used to collect your recurrent subscription fees for subscription services.
  • Mega Care share the information that is collected?

Whenever you provide registration information on co-branded or private label sites, that data may be shared with the third-party company providing the service. You should make every effort to read the individual privacy policies of such third parties and make an informed decision on your own whether to continue based upon these sites’ privacy practices and your own discretion. You may opt-out of sharing your information with such providers by choosing not to use that service or content.

When you find goods or services through Mega Care Shopping, you submit data directly to the individual merchants from whom you order goods or services. Please carefully review the privacy policies of particular merchants that you access through Mega Care Shopping.

In addition to finding co-branded and private label sites, you will find direct links on our site to sites offered by third parties. Some of these sites are authorized to use Mega Care brands and/or logos. No third-party sites are covered by this Privacy Policy. If you feel that a site using a Mega Care brand and/or logo does not follow an acceptable privacy policy, please contact the Mega Care Privacy Site Coordinator by email at privacy@mega-care.com.

Mega Care may disclose information about individual users to third parties who agree to provide services to Mega Care and who agree to maintain the confidentiality of such information in accordance with this privacy policy. These third parties may provide a variety of services to Mega Care, including, without limitation, processing and storing user information, helping to create new content and promotions for Mega Care, sending or coordinating the sending of marketing communications that users have consented to receive, and targeted advertising. Mega Care will disclose information about individual users to governmental or judicial authorities or law enforcement agencies, or to other individuals or entities in response to subpoena, court order, or other legal process. In matters involving a danger to personal or public safety, Mega Care may voluntarily provide information to appropriate governmental authorities.

Mega Care may share non-personally identifiable information about individual users for purposes of providing targeted advertising both within and outside Mega Care. To review Mega Care privacy policy, please click on the following link: https://mega-care.com/privacypolicy.

If you elect to receive Mega Care Registration Offers during registration for Mega Care, Mega Care will release personally identifiable information to the applicable sponsor or advertiser. Information released may include name, email address, postal address and other information supplied in Mega Care registration process. Please note that the sponsor or advertiser will not be bound by this Mega Care Privacy Policy.

If Mega Care is acquired by or merged with another company, Mega Care may transfer personally-identifiable information about you to that company. Mega Care will notify you in the event that your personally-identifiable information is transferred under these circumstances and becomes subject to a different privacy policy.

If a third party acquires, or otherwise receives in a transaction with Mega Care, one or more of the Mega Care products and services, then Mega Care will transfer personally-identifiable information about users of those products and services to the third party. The third party will handle the products and services in accordance with its own policies and procedures and not in accordance with Mega Care policies and procedures. You will be notified if your personally-identifiable information is transferred under these circumstances by an email sent to the email address you provided or by a posting on the site that offers the relevant products or services.

Mega Care Domains Customers: Users of Mega Care Domains will be required to designate an administrative contact and, in some instances, a technical contact for the domain names they register. Mega Care will assume that the Mega Care member who registers for the Mega Care Domains service will serve as these contacts, although users will have the ability to designate other contacts. Mega Care will disclose the name, address, phone number, fax number, and email address of the administrative and technical contacts to Mega Care’s domain name provider, which in turn will make such information publicly available through an online WHOIS database.

Mega Care provides its registered users the ability to access and edit the personal information in their user profiles. You can access your user profile by following these steps:

  • Mega Care?

In no event while being on or using any Mega Care services – nor owner, employees, agents, partners, affiliates, suppliers, content providers, third party entities, influencers, etc, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (i) for any lost profits, any data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, ransomware, or the like (regardless of the source of origination) or (iii) for any direct damages in excess of (in the aggregate) from any navigation away from any Mega-care website to any third party website.

This website (Mega Care) may contain advertisements of products and services that are provided by third parties. We make no representation or warranties about the suitability of such products or services referenced in these advertisements for any purpose. Our inclusion of such products and services does not constitute their recommendation or endorsement. When you click on an advertisement, you will be taken to a third party website that is not controlled or managed by us (Mega Care). Therefore, you should please carefully read the privacy policy and terms and conditions of such websites. We do not control such websites nor the practice of such websites.

  • Mega Care?

You can opt out of sharing your personally identifiable information with any third-party service or content providers in any areas of the Mega Care by choosing not to use such areas.

In addition, you may opt-opt of sharing your personally identifiable information with third-party service providers and sponsors by clearing the appropriate checkboxes at the point of initial collection. You will see these checkboxes near the bottom of the registration page.

After the point of initial collection, we offer you the ability to opt-out of receiving updates and information about new Mega Care products and services, as well as direct mail offers from selected service providers and sponsors. The instructions to opt out of most Mega Care email newsletters and direct mail communications are the same as the instructions for editing user information profiles. Simply follow these steps:

  • Mega Care Member Name and password.

In addition, all Mega Care newsletters and direct email communications have easy-to-follow unsubscribe instructions at the bottom of each email.

To remove your listing from Mega Care or Who Where people search, please send a request to Mega Care Customer Service via the feedback form here. Please provide the exact name, address and telephone number of the listing you wish to be removed. Mega Care obtains listing information from Yellowbook. To remove your listing from the Yellowbook database, and to help prevent your listing from reappearing in Mega Care or WhoWhere people search, please contact Yellowbook directly and request removal of your information.

If you have a question about the Mega Care opt-out process that is not answered here, please send an email to privacy@mega-care.com.

Mega Care has security measures in place to attempt to protect against the loss, misuse and alteration of your user data under our control. Mega Care uses physical, electronic, and procedural safeguards to protect any personally identifiable data stored on its computers. Only authorized employees have access to the information you provide us. Credit card numbers used to purchase premium services are encrypted prior to transmission.

While we cannot guarantee that loss, misuse or alteration to data will not occur, we take many precautions to prevent such unfortunate occurrences.

You are ultimately responsible for the security of your Mega Care ID and password. Please take care when using and storing them. Mega Care recommends that you do not divulge your password to anyone. You should log out of your browser at the end of each computer session to ensure that others cannot access your personal information and correspondence, especially if several people have access to your personal computer or you are using a computer in a public place like a library or Internet cafe.

  1. Mega Care comply with the Children’s Online Privacy Protection Act (COPPA)?

The Children’s Online Privacy Protection Act (COPPA) of 1998 provides safeguards to protect children who use the Internet by regulating the online collection of personal information from children under the age of 13. Because of these safeguards, children under 14 are not able to access or use all products and services on the Mega Care Network. Parents of children under 14 can authorize their children to use some of our services by signing up for a Mega Care Family Membership.

Parents can learn more about Mega Care Family Membership and obtain detailed answers about our compliance with COPPA by clicking here Children’s Online Privacy Protection Rule (“COPPA”) | Federal Trade Commission (ftc.gov).

Mega Care may make certain software available for download. This software may be created by Mega Care or by third party licensors. The software may be programmed to access our servers and/or third party servers in order for the software to operate and in order to check for program upgrades or enhancements. From time to time, new files may be added to your computer in order to upgrade the software or add new functionality to it. These changes may occur without notice to you. If at any time you wish to uninstall the software program, you may do so by following the instructions that accompany the software. Use of the software will be governed by a separate license agreement.

Personal information collected by Mega Care may be stored and processed in the United States or any other country in which Mega Care or its agents maintain facilities. By using the Mega Care you consent to any such transfer of information outside of your country.

Know the risks.

Meeting new people in an online community (chat room, forum, newsgroup, message board, Web page, etc.) is one of the best things about the Internet, but you should always be careful about disclosing personal information such as an actual name, member name, email address, and so on. This information may be collected and used by others within the online community to send unsolicited email messages from other parties, outside Mega Care. Some of the messages you receive may be useful to you, but some may not. In an effort to curtail unsolicited email, Mega Care blocks certain email addresses and domains from sending messages to email addresses at our domains.

Educate yourself.

Search the Web for as much information as you can about how to protect your privacy. Look for a privacy policy on the Web sites you visit. The Federal Trade Commission has a great Web site with useful information on Protect Your Personal Information and Data | Consumer Advice (ftc.gov) along with other privacy initiatives. Additional privacy resources can be found at by clicking on any of the following links

Federal Bureau of Investigation: Parents Guide to Internet Safety
FBI — Parent Guide to Internet Safety (cfalls.org)

Better Business Bureau (BBB)
http://www.bbbonline.com

Contact Us

Questions regarding this statement should be directed to:

Mega Care Privacy Site Coordinator , Mega Care.com privacy@mega-care.com.

Updates

Mega Care will update this policy from time to time so please check back periodically. When such changes occur, you will see the word “Updated” next to the Privacy Policy link on the front page of each site on Mega Care. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will prominently post such changes prior to implementing them.

Last updated Sept 20, 2023.