SERVICE AGREEMENT

Updated November 7, 2017

Thank you for using Meggalife.com (“Meggalife”) this is an online website and community owned and operated by Megga, Inc. (“Megga”) located at One Main Street, Springfield, Ohio 45502 in the United States.

Meggalife consists of a diverse suite of internet products and services, all under the Meggalife banner (the “Services”). Your use of Meggalife, or any of the individual Meggalife Services is subject to the terms contained herein.

Some Services may require additional terms or product requirements. These additional terms will be available with the relevant Services, and shall become part of your agreement with us if you use those Services. Please be mindful of this as you navigate and make use of the various Meggalife Services.
Always read all terms carefully prior to using any of our Services.
Throughout this document, we use the words "we," "us" "our" and similar pronouns to refer collectively to Megga, Inc., and its affiliates and subsidiaries, doing business as Megga, Inc. We use “you” “your” and similar pronouns to refer to the user and/or consumer of the Services.

Your use of any of the Services constitutes complete acceptance, without reservation, of these Terms and Conditions (“Agreement”) and you agree to be bound by this Agreement. Should you disagree with any of the terms herein, your only recourse is to refrain from making use of the Services.

ELIGIBILITY

To use the Services, you agree that: (1) you are at least thirteen (13) years of age, unless an older age is required by a particular Service or regulation; (2) you will provide true, complete and up to date contact information; (3) you are not already restricted by Megga from using the Services; (4) you only will have one Meggalife Account and (5) you agree to these Terms.

Note that the minimum age to set up an investment account is currently 18 years of age. Users who are not yet 18, but are otherwise eligible to join Meggalife, may register an Account in order to accrue points. Upon reaching age 18, the user will have a period of sixty (60) days to create an investment account and roll his or her points into said investment account.

You are solely responsible for ensuring that your use of the Services complies with all laws, rules and regulations applicable to you.

REGISTRATION

Although not all Services offered through Meggalife require you to sign up for a Meggalife Account (“Account”), certain Services and features are only available to those with an Account. Additionally, in order to accumulate Megga Points, you will be required to register for, and use, an Account.

Regardless of whether you sign up for a Meggalife Account, all Services are offered subject to this Agreement and the relevant terms of the Service being used. Your use of any Service constitutes acceptance of said terms regardless as to whether you choose to sign up for an Account.

By signing up for an Account you agree that you will not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is offensive, vulgar or obscene. Megga may determine, in its sole discretion whether any username violates any of the aforementioned policies and may take steps that Megga deems appropriate to remedy any such violation.

You are solely responsible for the activity that occurs on your Meggalife Account, and for keeping your Meggalife Account password secure. You may never use another person's Meggalife Account without their permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Meggalife Account. You should never publish, distribute or post login information for your Meggalife Account.

CONTENT

Definition. For purposes of this Agreement, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).

User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

Intellectual Property Rights. The Services contain Content provided by us, our partners and our users that may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You agree to abide by all relevant laws with respect to any Content found on our Services. The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively the “Trademarks”) displayed are Trademarks of Megga or its third parties. Nothing shall be construed as granting any license or right to use any Trademark without the written permission of the Trademark holder.

Use License.  We grant each user of the Services a personal, worldwide, non-exclusive, revocable, non-sublicensable and non-transferable license to view, print, download, and display locally any Content, to the extent we hold such rights, solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

License Grant. By submitting User Content through the Services, you hereby do and shall grant us a transferable, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and worldwide license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Meggalife Account or the Services. For the sake of clarity, the foregoing license grant includes our right to distribute, display, perform and otherwise use the User Content in connection with material provided by our sponsors, and you shall not be entitled to any remuneration for such use. To the extent any User Content you submit includes your name, likeness, voice, or photograph, you acknowledge and agree that this license shall apply to the same. You also hereby do and shall grant each user of the Services a personal, non-exclusive, perpetual license to access your User Content through the Services. For clarity, the foregoing license grants to our users the right to access your Content for so long as it remains on our Services, and us does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content. You represent and warrant that you have all rights to grant such licenses without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Except where prohibited by applicable law, by submitting User Content through the Services, you are waiving your right to assert any copyrights or other rights or claims regarding our use or alteration of the User Content or any photograph(s), footage, illustrations, statements or other work contained in the User Content.

Availability of Content. We do not guarantee that any Content will be made available on or through the Services. We reserve the right to remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all and to remove or block any Content from the Services.

Third Party Affiliates. We participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.

RULES OF CONDUCT

As a condition of use, you agree to comply with the Meggalife Community Standards and Rules of Conduct which are applicable to all the Services you utilize, as well as the terms of use of all Services you use. These are provided for each the specific Service(s) in question. Whenever you use a Service you are agreeing to the applicable terms. Generally, the following also applies to use of any Meggalife Service:

Our Services may only be used for lawful purposes. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:

infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
you know is false, misleading, untruthful or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");

contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
impersonates any person or entity; or
includes anyone's identification documents or sensitive financial information.

You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Services; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

Third Party Services. The Services may permit you to link to other websites, services or resources on the Internet, including but not limited to our sponsors, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. If you believe that any linked content on other websites, services or resources violates applicable law or may be inappropriate, please notify us. We will review the linked content and may, in our sole discretion, remove the link from the Services. The inclusion of any such link does not imply any association between their operators and us and the material found on third party websites does not reflect the attitudes, opinions, positions and/or policies of us.

You further acknowledge and agree that we 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 the use of or reliance on any such content, goods or services available on or through any third-party website.

ADVERTISERS

Your dealings, if any, with, or participation in promotions of, advertisers found on or through the Services, are solely between you and such advertiser. Megga 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 Services.

Termination. We may terminate any Service, and/or your access to all or any part of any Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership.

If you wish to terminate your Meggalife Account, you may do so by following the instructions provided through the Service. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Be aware that if you terminate your Meggalife Account your access to any Service that requires a Meggalife Account will also be terminated.

WARRANTY DISCLAIMER

We have no special relationship with or fiduciary duty to you.

TO THE FULLEST EXTENT OF THE LAW MEGGA INC., ITS SUBSIDIARIES, AFFILIATES AND PARENT COMPANIES, ALL OF THEIR EMPLOYEES, MANAGERS, OFFICERS AND AGENTS (COLLECTIVELY, THE “MEGGA PARTIES”) ARE MAKING YOU AWARE THAT THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE MEGGA PARTIES AND ANY CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold the Megga Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with your use of any Service provided by Megga, including but not limited to any claim associated with: (i) your content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Megga Inc., in the defense of any claim. Megga Inc., reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of an officer of Megga Inc.

LIMITATIONS OF LIABILITY

YOU UNDERSTAND AND AGREE THAT NONE OF THE MEGGA PARTIES ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM YOUR USE OF THE SERVICE OR ANY ASSOCIATED OR AFFILIATD SERVICES OR PRODUCTS.

THESE LIMITATIONS WILL APPLY WHETHER OR NOT ANY OF THE MEGGA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

WE ARE NOT RESPONSIBLE FOR ANY LOST PROFITS, REVENUES OR DATA LOSSES THAT RESULT OR ARISE OUT OF YOUR USE OF ANY SERVICES.

Modification. We reserve the right, in our sole discretion, to modify or replace any part of this Agreement, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time with or without notice. Updates and modifications shall be posted on this page and shall display an updated date of last modification. Said posting shall be your only notice of modification to these terms and you agree to check regularly for updates which are you solely responsible for review.

Conflict. If there is ever a conflict between these general terms and a provision in a term specific for a certain Service, the specific terms for the individual Service shall prevail for purposes of use of that Service only, and shall not supersede these general terms for the use of all other Services.

Entire Agreement. These terms control the relationship between Megga and you, no third-party rights are created in these terms and the provisions of these terms are not assignable or transferable. No representation of Megga or any agent, employee or third party associated therewith shall have any effect or alter in any way these terms. These terms may only be modified by Megga’s posting of changes in accordance with the “Modification” provision above.

Waiver.

If Megga fails to enforce any provision herein, or if you violate any of these provisions and we do not take action, that does not constitute any waiver on Megga’s part to enforce said provisions in the future.

Severability. Should any provision(s) herein be found to be unenforceable, that will not affect any other provisions of these terms that are otherwise enforceable.

Governing Law. The laws of the State of Ohio shall apply to any dispute arising out of or relating to these terms. All claims arising out of or arising from these terms shall be litigated exclusively in the federal or state courts of Clark County, Ohio in the United States of America. Both you and Megga consent to personal jurisdiction in said courts as a result of your use of the Services.

MISCELLANEOUS

Privacy Policy. By utilizing Meggalife, users authorize Megga Inc. to collect, maintain, use, process and share their information, including, without limitation, names, email addresses, physical addresses, account and other information in accordance with Megga Inc’s. Privacy Policy. You can learn more about how Megga Inc. collects, maintains, uses, processes and shares your information in Megga’s Privacy Policy which can be found here.