Welcome to meganmaemiami.com and thank you for visiting. This website (the “Site”) is owned and operated by Megan Mae Beauty Products, LLC (“Megan Mae Miami,” “us” or “we”). The Site contains original content, text, images, designs, audiovisual materials, software, information, data, advertising, brands and logos that incorporate intellectual property in which we own exclusive rights (collectively, the “Content”). Your use of the Site and the Content is subject to these terms and conditions (the “Terms of Use”) and our Privacy Policy, each of which form a binding and enforceable agreement between you and us (the “Agreements”).

These Terms and Conditions are intended to protect our rights so that we can provide you access to the Content on this Site. By remaining on the Site or returning to it, you agree to be bound by these Terms and Conditions and that you will use the Site in accordance with these Terms and Conditions and in compliance with all privacy, intellectual property, data protection, and all other applicable federal, state, and local laws and regulations.

To use this Site, you must be at least eighteen (18) years of age. By accessing or using this Site, you affirm and represent that you are over age eighteen (18).  No one under the age of eighteen (18) is permitted to use this Site.  Parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors.  This site is not intended for us by minors.  If you are a parent or guardian of a minor it is your responsibility to make sure that your minor child does not use this Site.  We are not responsible in any way if you fail to adequately supervise your minor.  

 

PRIVACY

 

Any information that you provide to the Site is subject to the Site’s Privacy Policy (https://meganmaemiami.com/privacy-policy/), which governs our collection and use of your information. You understand that through your use of the Site you consent to the collection and use (as set forth in the Privacy Policy) of the information, including the transfer of this information to the United States and/or other countries for storage, processing and use by the Site. The Site may make certain communications to some or all users, such as service announcements and administrative messages. You cannot opt out of all of these communications.

 

USE OF THE SITE

 

You may not use the Site in any way that is objectionable, unlawful or impairs the functioning or use of the Site by us or other users. If, in our sole discretion, you violate these Terms of Use, we may suspend, deny or restrict your access to the Site or any Content. Our decision whether to suspend, deny or restrict access in no way limits any other right or remedy that we may have against you. We may take any other action that we deem appropriate to protect ourselves and our users.

Under these Terms and Conditions, you agree to refrain from, among other things, use of the Site or the Content in a manner that:

1. is threatening, harassing, abusive, defamatory, slanderous, fraudulent, gratuitously violent, obscene, pornographic, libelous, harmful to minors, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
2. infringes or misappropriates our, or a third party’s, intellectual property, confidentiality, or other rights;
3. violates export and re-export control laws and regulations;
4. advocates or solicits violence, criminal conduct or the violation of law or the rights of any third party;
5. absent our prior written permission, distributes advertising or promotional content;
6. is inconsistent with the purposes for which the Site has been designed or with how the Site is intended to be used;
7. violates or is otherwise contrary to accepted Internet practices and practices of any connected networks;
8. imposes an unreasonable or disproportionately large load on the Site’s infrastructure; 
9. compiles, uses, downloads or otherwise copies any user information or usage information (whether or not such information constitutes personally identifiable information), or that impermissibly transmits, provides or otherwise distributes such information to any third party;
10. provides material support, or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources), to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
11. decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate the Site or that is available through the Site;
12. accesses (or attempts to access) the Site or any of the Content by any means other than through the means that we provide, including without limitation by any automated script or routine, including “robots,” “spiders,” “offline readers,” bots, web crawlers or other means that accesses the Site or the Content in a manner that sends more request messages to servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
13. interferes with or disrupts the Site (or the servers and networks which are connected to the Site), whether via malicious software or otherwise; or
14. reproduces, duplicates, redisplays, frames, makes copies of, or resells the Site, or any of the Content for any purpose.

You may not use this Site to transmit unsolicited email. You may not send unsolicited email to this Site or to anyone whose email address includes the domain name used on this Site. You may not use our domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else—or spoof their identity—when using this Site. You may not use this Site to transmit unsolicited email. 

You agree to act responsibly on the Site and to treat other users with respect.  Use of any Content for any purpose not expressly permitted in this Agreement is prohibited. For information on requesting permission to use, reproduce or otherwise distribute any of the Site Content for commercial purposes, please send a written request to support@meganmaemiami.com . Decisions to grant or deny permission are within our sole discretion.

 

INTELLECTUAL PROPERTY

 

Using the Site does not give you ownership of any intellectual property rights in our Content or any other content that you access, nor does it give you permission to use any of our intellectual property or to use any intellectual property owned by any third parties which may appear on the Site. You may not use any of the Content from our Site unless you obtain prior written permission from us, or the owner to the extent that the Content used is not ours or you are otherwise permitted by law. 

These Terms of Use do not grant you the right to use any branding, trademarks or logos that appear on the Site. The Megan Mae Miami and Megan Mae Beauty Products names and any logos and all related product and service names, design marks and slogans are trademarks, service marks, registered trademarks or registered service marks of Megan Mae Miami and may not be used in any manner without our prior written consent. All other trademarks and service marks are the property of their respective owners. You may not remove, obscure or alter any legal notices displayed in or along with any Content on the Site.

So that you can use and enjoy the benefits of the Site as we provide it, we grant you a limited, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Content only as necessary to access and review material on the Site in the manner permitted by these Terms of Use. We reserve all other rights in the Content and you may not otherwise electronically reproduce, copy, adapt, distribute, perform or display any Content or any intellectual property. Commercial use of any of the Content is strictly prohibited. Use of any of our trademarks as metatags on other websites also is strictly prohibited. You may not display this website in frames (or any of the Content via in-line links) without our express prior written permission, which may be requested by contacting us at support@meganmaemiami.com and which we reserve the right to grant in our sole discretion.

 

YOUR POSTS AND SUBMISSIONS

 

If you access the Site anonymously, you will not be required to create a user name. However, in order to access certain Content, add posts, or Submissions (as defined below), you may be required to provide specific information and to create a user ID and password to establish an account. You agree that any information you provide in connection with establishing any account is accurate and that you will keep your information up-to-date. You are responsible for the security of all of your user names, passwords and registration information (such as unique account identifiers or other information), and you are solely responsible for any use (authorized or not) of your account(s). You agree to notify us immediately of any unauthorized activity regarding any of your account(s) or other breach of security. We may, in our discretion, suspend or terminate any of your user names and passwords at any time with or without notice. 

When posting content on the Site, We ask you to use good taste when discussing sensitive topics. Users are required to treat others with respect and honesty. Be fair and informative. Post honest and valuable information and please do not post rumors or negative opinions that are not supported by specific facts.

In addition to the prohibited activities described above, when posting information and media through the Site, you must not:

• Post anything that interferes with or disrupts the Site or the operation thereof, including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network or the Site;
• Post statements or materials that are libelous or defame, harass, abuse, stalk, threaten, intimidate or in any way infringe on the rights of others;
• Post statements or materials that violate other contractual or fiduciary rights, duties or agreements;
• Post or upload personal information, pictures, videos or any other media of another person without their express permission;
• Post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane, or otherwise objectionable, including language or images that typically would not be considered socially or professionally responsible or appropriate in person;
• Post statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
• Post statements or materials that in any way does or could harm minors;
• Post statements or materials that impersonate any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Megan Mae Miami;
• Post statements or materials that misrepresent your affiliation with any entity and/or Megan Mae Miami;
• Post anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or any trade secrets or information for which you have any obligation of confidentiality;
• Post statements or materials that constitute junk mail, spam or unauthorized advertising or promotional materials, including, without limitation, links to commercial products or services or any political campaigning;
• Post material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any person or entity, or that you otherwise do not have the right to make available, without the express permission of the owner of the copyright, trademark or other proprietary right. Megan Mae Miami has no obligation or responsibility to provide any user with indications, markings or anything else that may aid any user in determining whether the material in question is copyrighted or trademarked. Users shall be solely liable for any damage resulting for infringements of copyrights, trademarks, proprietary rights or any other harm resulting from such submission.

Any user failing to comply with these guidelines may be expelled from and refused continued access to the Site in the future. Material posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations.

Megan Mae Miami is not responsible for any content, images, videos, audio files, ideas, concepts, information or other material you or other of our users publicly post, upload, make available or share while using the Site or, when users access the Site through our social media channels, information available from your or any such users’ social media profiles (each and all of the foregoing, “User Content”).  For the avoidance of any doubt, as used herein, User Content includes any and all user material and/or Submissions you or another third party user uploads or posts to the Site, as specifically defined in these Terms of Use. Any content you upload to the Site  will be considered non-confidential and non-proprietary. 

You hereby grant us an irrevocable, perpetual, non-exclusive, royalty free worldwide license to reproduce, adapt, distribute, perform (either publicly or by digital audio transmission) or publicly display all or any portion of any User Content you post on the Site. You further represent and warrant that you own all rights in and to such User Content or have taken all steps necessary to secure written permission to use and publicly display any Use Content you post to the Site.

You will ensure that any User Content which you contribute to the Site will be accurate (where it states facts) and be genuinely held (where it states opinions). You expressly agree that we may remove, disable or restrict access to, or the availability of, any Content from this Site (including, but not limited to, content which you have posted or stored) that we believe, in good faith and in our sole discretion, violates these Terms of Use (whether or not we are in fact correct in our assessment), or which is the subject of a notification duly sent to us pursuant to the Digital Millennium Copyright Act. If you believe that we have acted mistakenly with respect to certain Content, you may contact us at support@meganmaemiami.com in which case we may investigate the matter further. We reserve the right, however, to take no further action. Under no circumstances may we be held liable for removing, disabling or restricting access to, or the availability of, any User Content. 

You further perpetually and irrevocably grant Megan Mae Miami the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation, remuneration or attribution of any kind. You waive all rights and release Megan Mae Miami from any claim for defamation, invasion of right to privacy, infringement of rights of publicity or any similar matter, based upon or relating to the use of any User Content. You represent and warrant that any person or entity named or pictured in such User Content has provided any necessary licenses, rights, waivers or authorizations to allow Megan Mae Miami’s use of such User Content in accordance with such license.

 

SPONSORED CONTENT

 

We may receive free products from marketers that we sometimes review or discuss in our editorial content. We may also run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation.

 

SPECIAL PROMOTION TERMS

 

Occasionally, we may offer the chance to participate in sweepstakes, contests, surveys and/or special offerings (“Special Promotion(s)”) through the Site. Special Promotions may be governed by terms and conditions that are separate from these Terms of Use. It is your responsibility to read those Special Promotion terms and conditions to determine the sponsor’s requirements of you in connection with the applicable Special Promotion. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms of Use, those separate terms and conditions will prevail with respect to such Special Promotion, unless otherwise stated.

 

CONSENT TO COMMUNICATIONS

 

By providing personal and contact information in connection with your use of the Site, you understand that Megan Mae Miami may send you e-mail communications or data regarding your use of the Site, violations of such use, and/or promotional information and materials regarding Megan Mae Miami. To the extent such communication concerns an offer or solicitation by Megan Mae Miami, it will provide opt-out instructions. Megan Mae Miami reserves the right to communicate by e-mail or otherwise, with you or your representative. Megan Mae Miami shall protect all personal information provided in accordance with its Privacy Policy.

 

USER CONTENT COMPLAINT PROCEDURES

 

If you believe that the Site contains Content, postings or other Submissions that violate the policies of this Site (other than in cases of copyright infringement, which is addressed separately below), please promptly notify us by email at the following address support@meganmaemiami.com. To allow us to respond effectively, please provide as much detail as possible, including: (1) the nature of the right infringed or violated (including the registration numbers of any registered trademarks or patents allegedly infringed); (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the offending Content or other material can be found; (4) any grounds to believe that the person who posted the Content or material was not authorized to do so or did not have a valid defense (including the defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending Content or material. 

By lodging a complaint, you agree that the substance of your complaint shall be deemed to constitute a representation made under penalty of perjury under the laws of the State of Florida. In addition, you agree, at your own expense, to defend and indemnify Megan Mae Miami and hold Megan Mae Miami harmless against all claims which may be asserted against it, and all losses incurred, as a result of your complaint and/or Megan Mae Miami’s response to it. 

You further agree that Megan Mae Miami has the right (but not the obligation) to investigate any complaint received. By reserving this right, Megan Mae Miami does not undertake any responsibility in fact to investigate complaints or to remove, disable or restrict access to or the availability of any Content. Megan Mae Miami supports free speech on the Internet and therefore will not act on complaints that it believes, in its subjective judgment, to be deficient. If you believe that Content remains on the Site that violate your rights, your sole remedy shall be against the person(s) responsible for posting or storing it, not against Megan Mae Miami.

 

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)

 

Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material (including, among other things, Site Content, User Content and/or any other Submissions) that you believe to be residing on our Site, system or network should be promptly sent in the form of written notice to our designated agent:

Designated Person or Agent for DMCA Notices

NAME: Joanne Giorno

ADDRESS: 455 Tarrytown Road, #1592

White Plains, NY 10607

Email: support@meganmaemiami.com 

(the “DMCA Agent”). You may not send other notices or communications to the DMCA Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA.

 

FILING A DMCA NOTICE

 

Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:

1. Signature of copyright owner or person authorized to act on behalf of the owner;
2. Identification of copyrighted work claimed to be infringed, including a copy of the relevant copyright registration(s);
3. Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.

It is our policy that, upon receiving of a valid DMCA notice, we will remove or disable access to allegedly infringing material. There are substantial penalties for false claims (see 17 U.S.C. § 512(f) – providing sanctions for material misrepresentations of copyright infringement).

 

FILING A DMCA COUNTER-NOTIFICATION

 

If a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to our DMCA Agent. Specific requirements for a proper counter-notification are set forth in the DMCA (see 17 U.S.C. § 512(g)(3)).  A valid counter-notification must be a written communication that includes all of the following elements:

1. A physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.

Upon receipt of a valid counter-notification, we will forward it to the original complainant who submitted the DMCA notice alleging copyright infringement. The original complainant will then have ten days to notify us that it has filed a lawsuit relating to the allegedly infringing material otherwise we will restore the removed material or cease disabling access to it.

 

REPEAT INFRINGER POLICY

 

Pursuant to Section 512 of the DMCA, it is our policy to terminate the account of any repeat copyright infringer in appropriate circumstances. 

 

LIABILITY FOR MISREPRESENTATION UNDER THE DMCA

 

Please note that, pursuant to the DMCA, any person who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by an online service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

Accordingly, if you are not sure whether certain material or activity infringes your or another’s copyright, please consult with a qualified attorney.

 

MEDICAL, NUTRITION & FITNESS INFORMATION

 

You expressly acknowledge and agree that all medical, nutrition and fitness information provided on the Site, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by Megan Mae Miami or by other users or third parties, is provided for informational purposes only and is not intended to be and should not be used in place of (i) the advice of your physician or other medical professionals, (ii) a visit, call or consultation with your physician or other medical professionals, or (iii) information contained on or in any product packaging or label. Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the website. Information and statements regarding dietary supplements have not been evaluated by the food and drug administration and are not intended to diagnose, treat, cure or prevent any disease. Should you have any health-related questions, please call or see your physician or other healthcare provider promptly. Should you have an emergency, call your physician or 911 immediately.

You should never disregard medical advice or delay in seeking medical advice because of any content presented on or via the Site and you should not use the website or any content available through or via the Site for diagnosing or treating a health problem. The transmission and receipt of any content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and Megan Mae Miami, its affiliates or any third party.

The Site may periodically provide information concerning fitness and athletic activities. You expressly acknowledge and agree that such activities carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by our action, inaction or negligence or by the action, inaction or negligence of others. Megan Mae Miami strongly recommends that you consult with your physician or other healthcare provider before beginning any new fitness program or engaging in any new athletic activities.

 

DISCLAIMERS

 

You understand that products, if any, offered by Megan Mae Miami may contain materials that could be dangerous if handled improperly, and you acknowledge that Megan Mae Miami is not liable for any personal injury or property damage arising from any misuse of any products offered through the Site. You further acknowledge that products may not be suitable for use by children, and you expressly assume sole liability for providing any individual under the age of 18 with access to any products. You hereby agree not use products for any illegal purpose and you assume all liability for any action you take for any action that is contrary to any law, rule, or regulation of any territory.

Under California Civil Code Section 1789.3, California users of the Website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254

 

SYSTEM REQUIREMENTS AND DATA SECURITY

 

You are solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Site. Minimum systems requirements apply to the use of the Site and it is your responsibility to ensure your computer system complies with these requirements. You agree that you are solely responsible for maintaining the security of your computer(s) and all personal and other data, including without limitation, encryption of data. WE STRONGLY RECOMMEND THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE. We are not responsible for back-up or restoration of your information or for any loss of or disablement of access to your information. We reserve the right to: (a) use, copy, display, store, transmit and reformat data transmitted over our network and to distribute such content to multiple servers for back-up and maintenance purposes; and (b) block or remove any unlawful content you store on or transmit to or from any of our servers. We do not guarantee the protection of any User Content or data located on our servers or transmitted across our network (or other networks) against loss, alteration or improper access.

 

FEEDBACK AND SUBMISSIONS

 

We welcome your comments, criticism and suggestions and we expect users to submit feedback and other related Content (“Submissions”) all of which may be in the form of answers, questions, comments, suggestions, expressive works, plans, or otherwise via the Site. By transmitting, uploading, posting or providing any Submissions, you assign, or agree to assign, pursuant to these Terms of Use all right title and interest in any copyrights, trademarks, patents, trade secrets or other intellectual property embodied therein to us or, to the extent such an assignment is ineffective, you grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, unrestricted license to use, distribute, make, exploit, practice, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display, and authorize others to do so, all such Submissions in any manner whatsoever, in any medium now known or later developed, without compensation, attribution or any obligation to you or to any other person or entity. You agree that we are not under any obligation of confidentiality or restriction, express or implied, with respect to the Submissions or other feedback.

By transmitting, uploading, posting or otherwise providing any Submissions to the Site, you also represent and warrant that: (i) the Submissions contain no confidential, secret or proprietary information belonging to someone else; (ii) the Submissions do not and will not violate these Terms of Use and will not cause injury to any person or entity; and (iii) no other party has rights in the Submissions or any related material, in whole or in part, and that your transmission, posting, uploading or submission of the information does not violate any copyright, intellectual property right or other laws or obligations you may have to any person or entity. You agree that you shall have no recourse against us, or our licensors, successors or assigns, for any alleged or actual infringement or misappropriation of any intellectual property right in any Submissions, whether in whole or in part. We are not responsible for back-up or restoration of any submitted material or for any loss of or disablement of access to your Submissions. To the extent allowed by the laws in the various countries where such rights exist, you hereby waive all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as moral rights in any Submission and consent to any action by us that would violate such rights in the absence of such consent. 

You also acknowledge and agree that if and to the extent any Submission identifies you by name, likeness, voice or otherwise (“your identification”), the license granted by you and described above will automatically be deemed to cover and extend to our use of your identification in connection with our use of the Submission. In addition, you warrant that all so-called “moral rights” have been waived. 

 

LINKS

 

Any links provided from the Site are provided solely as a convenience to our users. We have no control over the content posted at the sites to which the links are directed, and we make no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation or endorsement. If you believe that we have provided a link to a site that contains infringing or illegal content or which makes available cracker tools or other circumvention devices, we ask that you notify us so that we may evaluate whether, in our sole discretion, to disable the link.

When visiting external links, you should refer to that external site’s terms and conditions of use. No hypertext links shall be created from any site controlled by you or otherwise to this Site without our express prior written permission.

 

VIOLATIONS AND INDEMNIFICATION

 

Your access privileges are subject to these Terms Use. If you violate any of these Terms of Use, you agree that we may deny you access to the Site. You agree to indemnify, defend and hold harmless us, our affiliates and our licensors, as well as the respective officers, directors, affiliates, employees, or agents of us or any such entities, from and against all losses, expenses, damages and costs, including reasonable attorneys’ and experts’ fees, arising from or related to claims made by any third-party due to or arising out of (a) any User Content, Submissions or any other content you (or any parties who use your computer, with or without your permission) submit, post or upload to or transmit through the Site, (b) your use of the Site (or use of the Site by any parties who use your computer, with or without your permission), (c) your violation of these Terms of Use or your violation of any laws or regulations or the rights of another through the use of the Site (or such violations by any parties who use your computer, with or without your permission). These indemnity obligations will survive termination of your relationship with us or your cessation of use of the Site. We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. If asked to do so, you agree that you will not attempt to access this Site. Your obligation of indemnification herein shall survive termination or expiration of these Terms of Use.

 

DISCLAIMER OF WARRANTIES

 

IN ORDER TO PROVIDE YOU WITH FREE ACCESS TO THIS SITE, WE ARE UNABLE TO OFFER ANY WARRANTIES OR MAKE ANY REPRESENTATIONS ABOUT ANY BENEFITS OR OPPORTUNITIES WHICH YOU MAY OBTAIN ON THIS SITE. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIS WEBSITE IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS WEB SITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE.

TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND OTHER PROVISIONS OF THESE TERMS OF USE, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.

You are using this Site at your own risk. Neither Megan Mae Miami, nor its officers, directors, employees, agents, or representatives, or any party involved in the creation, production or delivering of Content for this Site (each, a “Megan Mae Miami Party”) shall be liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, the Site. No Megan Mae Miami Party is responsible for any, and each Megan Mae Miami Party disclaims all, liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access to and use of the Site, any information contained on the Site, your personal information or material and information transmitted over our system.

While every effort is made to update the information contained on the Site neither Megan Mae Miami nor any third party or data or content provider make any representations or warranties, whether express or implied as to the accuracy, completeness or reliability of any information, data and/or content contained on the Site (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the Site. Megan Mae Miami assumes no liability or responsibility for any errors or omissions in the material displayed on the Site. Megan Mae Miami reserves the right at any time to change or discontinue without notice, any aspect or feature of the Site. If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.

Megan Mae Miami does not warrant that your use of the Site will be uninterrupted, and we do not warrant that any information (or messages) transmitted via the Site will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Site. Megan Mae Miami reserves the right to change, modify, substitute, suspend or remove without notice any information or services on the Site from time to time. Your access to the Site may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information, features or functionality from the Site at any time. Megan Mae Miami reserves the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms of Use.

 

LIMITATION OF LIABILITY

 

IN ORDER TO PROVIDE YOU WITH FREE ACCESS TO THE SITE, WE ARE UNABLE TO ACCEPT LIABILITY FOR ANY CONDUCT, ACTS OR OMISSIONS OCCURRING ON THIS WEB SITE OR ANY LOSSES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF, OR ACCESS TO THIS SITE. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD-PARTIES. 

In the event that, notwithstanding the foregoing disclaimers and limitations, Megan Mae Miami is found responsible to any user for any reason whatsoever, liability shall not include punitive damages or consequential or resulting damages of any nature.

 

COMPLETE AGREEMENT AND NO REPRESENTATIONS

 

These Terms of Use constitute the entire agreement between you and us relating to your access to and use of this Site and supersede any prior or contemporaneous representations or agreements. Any rights not otherwise expressly granted by these Terms of Use are reserved by us. These Terms of Use may not be modified, either expressly or by implication, except as set forth below.

 

MODIFICATIONS

 

We may modify these Terms of Use or any additional terms that apply to the Site for any reason, such as to reflect changes to the law or changes to our Site. You should review the Terms of Use regularly. We will post notice of modifications to these Terms of Use on this page. If you do not agree to the modified Terms of Use, you should discontinue your use of the Site. 

 

TERMINATION

 

Megan Mae Miami shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Site; (b) suspend your use of the Site; and/or (c) suspend the use of the Site for anyone Megan Mae Miami believes to be connected (in whatever manner) to you, if: 

1.  you commit any breach of these Terms of Use; 

2. Megan Mae Miami suspects, on reasonable grounds, that you have, might or will commit a breach of these Terms of Use; or 

3. Megan Mae Miami suspects, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.

If you use (or anyone other than you, with your permission uses) the Site in contravention of these Terms of Use, Megan Mae Miami may suspend your use of the Site. If Megan Mae Miami suspends your use of the Site, we may refuse to restore the Site for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms of Use.

Megan Mae Miami shall fully co-operate with any law enforcement authorities or court order requesting or directing it to disclose the identity or locate anyone in breach of these Terms of Use.

Megan Mae Miami’s rights under this section shall not prejudice any other right or remedy it may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination or suspension of your use of the Site. 

 

JURISDICTION

 

The laws of the State of Florida will control these Terms of Use, without giving effect to any principles of conflict of laws. You agree that exclusive jurisdiction over any cause of action arising out of these Terms of Use or the Site or any related services shall be in the State or Federal courts located in Miami-Dade County, Florida. You further agree that venue for any dispute arising from these Terms of Use or this Site or the related services shall be in the State or Federal courts located in Miami-Dade County, Florida and expressly agree to waive all rights to dispute this venue, including the right to file any motions to transfer to a different venue.  If a court of competent jurisdiction finds that any provision of these Terms of Use is invalid or unenforceable, we both agree that the other provisions of these Terms of Use will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the Site or these Terms of Use more than one (1) year after such claim or cause of action arose. 

You further agree that we shall be entitled to obtain preliminary injunctive relief to enforce any of the terms of these Terms of Use against you pending a final determination in arbitration, in which case you acknowledge and agree that any breach of these Terms of Use will result in irreparable damages to us, our remedy at law will be inadequate, that we will be able to seek such injunctive relief in addition to any other right or remedy that we may have at law or equity, and that we may do so without posting any form of bond or security.

 

WAIVER AND SEVERABILITY

 

No waiver by Megan Mae Miami of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of Megan Mae Miami to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 

 

CONSTRUCTION

 

These terms control the relationship between you and us. They do not create any third-party beneficiary rights except as to the obligations of indemnity set forth herein. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If any portion of these Terms of Use are ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of these Terms of Use as possible. 

 

YOUR COMMENTS OR QUESTIONS

 

If you have any questions, comments or concerns arising from this Site, these Terms of Use, the Privacy Policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us at support@meganmaemiami.com