Terms and Conditions

Acceptance

MegaPager.com is a service of Dimmick Digital LLC, collectively referred to below as the “Company”. By using the Company websites and free or paid services (the “Services”), you are agreeing to be bound by the following terms and conditions (“Terms of Use”) and the associated Privacy Policy. If you do not agree to these Terms of Use, or any modification thereto, or become dissatisfied with the Company in any way, then please discontinue use of the Services.

The Terms and Conditions may be revised periodically and this will be reflected by the Last Updated date at the bottom of the Terms and Conditions. Please revisit this page to stay aware of any changes. Your continued use of the Services constitutes your agreement to the Terms and Conditions and any future revisions.

Age Limits

You must be 18 years and older to use the Services. By using the Services you hereby represent that you are at least 18 years old.

Copyright

This website, including most text, HTML, scripts, and images are copyrighted, owned, and/or licensed by Dimmick Digital LLC. All Rights Reserved.

NO PART OF THIS WEBSITE MAY BE REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, MECHANICAL, ELECTRONIC, OR OTHERWISE, INCLUDING PHOTOCOPYING AND RECORDING, OR BY ANY INFORMATION STORAGE AND RETRIEVAL SYSTEM, OR TRANSMITTED BY E-MAIL, OR USED IN ANY OTHER FASHION WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF THE WEBSITE OWNER.

Exclusions include the downloading and temporary caching of this website on an electronic device for the explicit purpose of viewing and interacting with this website, as well as any information clearly marked as shareable.  Additional copyright and license considerations are made to our licensing partner, WP Zinc. This copyright notice applies to customers, clients, members and all visitors to this website.

For copyright concerns under the Digital Millennium Copyright Act (DMCA) please refer to our DMCA Notice.

Our Ability to Contact You

By using the Services and providing us with your email address you are allowing us to contact you in connection with the Services and in order to provide the Services to you. We make every effort to avoid sending unwanted email and we provide several mechanisms for you to request that we stop emailing you. Please use our contact form if you are still receiving emails from us and would like us to stop contacting you.

Limitations of Liability

We offer our educational content, news items, training and subscriber services as-is and do not guarantee that it is fit for any purpose. While we strive to maintain the highest quality in both our service and products, if the service causes loss of access to your website or damages your website or business in any way, the company and its members can not be held liable.

Services

We reserve the right to modify the Services and prices of the Services offered at anytime on our Website. Any continued use of the Services after such changes have been made shall be deemed to constitute acceptance of such changes. We reserve the right to cancel your Services at any time. We also reserve the right to cancel your Services and terminate your Services immediately, without notice, in the event that you breach any provision of this Terms of Service or any other terms that apply to your Services.

Basic, Standard and Priority Support

We provide support via email to paid customers. We do not guarantee a specific response time although we do endeavour to respond within the guidelines mentioned in each level of support offered, however we don’t provide a service level agreement. In general we operate weekdays from Monday to Friday, 9am to 5pm Eastern time and your email or support ticket will usually receive a response within two working days but may take longer when we experience high load or during public holidays. Support is offered on a per-customer basis and not a per-license basis. This means that we limit the amount of support we provide per individual customer. Our support offered to paid customers is limited to 3 support tickets per calendar month for a maximum of 12 months from the date of purchase. We reserve the right to decline further support or charge for additional support beyond the prescribed limits. We also reserve the right to immediately terminate service without a refund if a customer is insulting or abusive to our support team. We endeavor to provide you with excellent customer service and we have included this clause to protect our support team and to prevent one single customer from overloading our support system or abusing our services, thereby impacting the quality of support that other customers receive.

Refund and Cancellation Policy

You are billed immediately or at the end of a trial period if one is provided for all paid (non free) Services when you subscribe to them. All monthly hosting, support and maintenance services cannot be refunded. If you no longer wish to receive hosting, support and maintenance from the Company, you may cancel at any time and the Company will not bill you further for these specific Services. You will be supplied with a link to download your most recent website backup file(s) if you cancel your hosting with the Company within a reasonable period of time, usually 48 hours, but it could be longer in certain instances. Digital products are not refundable unless otherwise stated.

Failed Subscription Payments

In the event your recurring payment method fails to process successfully and for the complete amount, you will be notified immediately. Failure to make the payment within 72 hours of the initial failed attempt will result in the suspension of your services.

For hosting and care plan subscribers, failing to pay your recurring payment as described above, will result in your website hosting being terminated. This also includes any related email addresses for your hosted domain name.

In the event your website hosting is terminated for failed recurring payments, you will normally be eligible to receive the most recent backup of your website so you can host it with another provider.

Moving your website to another provider is an optional service at standard market rates.

3rd Party Websites

The Services may contain links to third party websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Company will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly relieve the Company from any and all liability arising from your use of any third-party website. Accordingly, the Company encourages you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each other website that you visit.

Intellectual Property Rights

The content on the Services, except all User Content, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, audios, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. All trademarks not owned by the Company or its subsidiaries that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company or its subsidiaries.

Content on the Services is provided to you AS IS for your information and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the Services and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Services for any commercial purposes. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.

Website Information and Service

You agree not to collect or harvest any personally identifiable information from the Services, nor to use the communication systems provided by the Services for any spamming purposes. You agree not to collect or harvest, for commercial purposes, any users of the Services.
You agree not to use the Services for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. You agree not to violate any laws in your jurisdiction including but not limited to copyright laws when using the Services.

Jurisdiction

The Services are controlled and offered by the Company from its facilities in the United States. These Terms of Use shall be governed by the laws of the State of Florida, without reference to conflicts of laws principles. Any dispute arising from these terms or the use of the Services shall be resolved exclusively in the state and federal courts located in Sarasota County, in the State of Florida, and you agree to the exclusive jurisdiction of and venue in such courts.
The Company makes no representations that the Services are appropriate or available for use in other locations outside of the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Sales Tax

Sales tax is collected for residents of Florida, USA where applicable (see "Jurisdiction" above). You agree all transactions entered into with the Company are occurring in Florida, USA and hence you agree to pay any taxes due to your local jurisdiction and / or tax authority. This includes any value added taxes. You also recognize that the Company is governed by the laws of Sarasota, FL (city), the State of Florida (state) and the USA (country) and that no other laws from other bodies or jurisdictions will be recognized. By making a purchase from the Company you agree and acknowledge you understand that you are responsible for paying and reporting any taxes in your local jurisdiction on your purchases from the Company.

Disclaimer of Warranties.

You agree that use of the services, data, user content and/or content is entirely at your own risk. The services, data, user content and/or content is entirely at your own risk. The services, data user content and content are provided on an “as-is” and “as available” basis, without warranty or condition of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by the law, the company explicitly disclaims any warranties or merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement of proprietary rights. The company makes no warranty that the services, data, user content and content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The company makes no warranty regarding the timelines, accuracy, performance, quality, truth, completeness or reliability of the services, data, user content and content. The company disclaims any warranties for other services or goods received through or advertised on the services, data, user content and content, or accessed through any links on the services. To the fullest extent permitted by the law, the company disclaims any warranties for viruses or other harmful components in connection with the services, data, user content or content. No advice or information, whether oral or written, obtained through the company or through the services, data, user content and/or content, will create any warranty not expressly made herein.

Limitation of Liability

In no event shall the company, its members, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of the services, data, user content or content, (II) personal injury or property damage, of any nature, whatsoever, resulting from your access to and use of the services, (III) any unauthorized access to or use of the secure servers and/or any and all personal information stored, therein, (IV) any interruption or cessation of transmission to or from the services, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the services by any third party, and/or (VI) any errors or omissions in services, data user content or content or for any loss or damage of any kind incurred as a result of your use of any services, data, user content, or content posted, emailed, transmitted, or otherwise made available via the services, whether based on the warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The forgoing limitation of liability shall apply to the fullest extent permitted by the law in the applicable jurisdiction. You specifically acknowledge that the company shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party that the risk of harm or damage from the forgoing rests entirely with you. The company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any linked website or featured in any banner or other advertising, and the company will not be party to or in any way be responsible for monitoring any transaction between you and the third-party providers of products or services.

Indemnity

You agree to defend, indemnify and hold harmless the Company, its members, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Services.

General

In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect. The failure of the Company to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.
Your use of the Services indicates your acceptance of these Terms of Use. If you do not agree to be bound by these terms, please do not use the Services.
If you have any questions or comments in regards to these Terms of Use, please contact us.

Updated: May 2024

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