terms of use

1. Limited License; Use of Services.

This agreement (hereinafter, the "Agreement") between Megan Evans, LLC (hereinafter, "MEL", "us" or "we") and you sets forth the terms and conditions which govern your use of the MEL website and courses (“Products”) and/or the services ("Services") thereon which are provided by MEL. This Agreement applies to all users and visitors alike who visit the website, use any Products and/or access or utilize any Services.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF THE PRODUCTS AND/OR SERVICES. BY ACCESSING OR USING THE PRODUCTS AND/OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE PRODUCTS OR SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE. MEL MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA EMAIL. YOUR USE OF ANY OF THE PRODUCTS AND/OR SERVICES FOLLOWING SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE AND/OR THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF WE REQUEST, YOU IRREVOCABLY AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT.

2. Prohibited Activities.

In connection with your use of the Products and/or the Services, you acknowledge and agree that you will not:

a. copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Products or the Services;

b. access the Products or Services by any means other than through the standard industry-accepted or MEL-provided interfaces;

c. transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity;

d. impersonate any person or entity, including without limitation, a MEL representative, or falsely state or otherwise misrepresent your affiliation with such a person or entity;

e. post or transmit any material that contains a virus or corrupted data;

f. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

g. post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;

h. violate any applicable local, state, national or international law;

i. upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights or intellectual property rights of MEL and/or any party;

j. delete or revise any material posted by any other person or entity;

k. manipulate or otherwise display the Products and/or the Services by using framing or similar navigational technology;

l. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any MEL product or Service if you are not expressly authorized by such party to do so; or

m. use the Products and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair MEL's servers or networks, or interfere with any other user's use and enjoyment of the Products and/or the Services. Furthermore, you may not attempt to gain unauthorized access to any of the Products, Services, accounts, computer systems or networks connected to MEL through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Products or the Services.

3. Comments and Commenting.

MEL may allow posting of comments on its website. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the ability to post comments in the future. MEL or its designated agents may remove or alter any user-created content at any time for any reason. Information and content posted within these public forums may be provided by MEL or by users not connected with MEL, some of whom may employ anonymous user names. MEL expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these posted comments. The opinions expressed in these comments are solely the opinions of the participants, and do not reflect the opinions of MEL or any of its subsidiaries or affiliates.

4. Monitoring.

MEL has no obligation whatsoever to monitor any of the content or postings on the comment section on its website or social media pages. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

5. Accounts, Passwords and Security.

If any of the Products or Services require you to open an account, you must complete the registration process by providing MEL with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to MEL which is untrue, inaccurate, not current or incomplete, MEL reserves the right to terminate this Agreement and your continued access and use of the Products and/or the Services.

When you create an account with MEL, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.

As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password.

FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify MEL immediately of any unauthorized use of your account or any other breach of security. MEL will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by MEL or another party due to someone else using your account or password.

6. Intellectual Property Policy.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by MEL infringe your copyright, you, or your agent may send to MEL a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon MEL actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to MEL a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

The Products and Services and MEL’s original content, features and functionality are and will remain the exclusive property of MEL and its licensors. The MEL website, Products and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. MEL trademarks and trade dress may not be used for any purpose without the prior written consent of MEL.

7. Limitation of Liability.

NEITHER MEL NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE PRODUCTS OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE PRODUCTS AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE PRODUCTS AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE PRODUCTS; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE PRODUCTS OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE PRODUCTS OR THE SERVICES, or (vii) ANY OTHER MATTER RELATING TO THE PRODUCTS AND/OR THE SERVICES. IN NO EVENT SHALL MEL'S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SERVICES OR THE PRODUCTS.

8. Professional Advice Disclaimer.

THE MEL SITE AND PROGRAM OFFERS HEALTH, LIFESTYLE AND FASHION INFORMATION AND IS DESIGNED FOR PERSONAL EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE OR HEALTH TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

From time to time, the MEL website and posts to the blog page may include links or references to third- party websites, including but not limited to websites displaying and/or selling recommended products or services, and/or websites with which MEL has an affiliate relationship. MEL expressly disclaims any and all liability with respect to any products or services that are linked on the MEL website that you may purchase from a third-party retailer.

9. Results Disclaimer.

EACH INDIVIDUAL’S HEALTH AND LIFESTYLE JOURNEY DEPENDS ON HIS OR HER BACKGROUND, DEDICATION, DESIRE, AND MOTIVATION. AS WITH ANY HEALTH-RELATED PROGRAM OR SERVICE, YOUR RESULTS MAY VARY, AND WILL BE BASED ON MANY VARIABLES, INCLUDING BUT NOT LIMITED TO, YOUR INDIVIDUAL CAPACITY, LIFE EXPERIENCE, UNIQUE HEALTH AND GENETIC PROFILE, STARTING POINT, EXPERTISE, AND LEVEL OF COMMITMENT. MEL MAKES NO GUARANTEES CONCERNING RESULTS YOU MAY EXPERIENCE, AND YOU ACCEPT THE RISK THAT RESULTS WILL DIFFER FOR EACH INDIVIDUAL.

10. Billing.

MEL offers a purchased-based service to the content within the MEL website. All purchases are subject to this Terms of Use Agreement.

The fees associated with any purchase will apply regardless of how much or how often you access or use MEL Products or Services.

11. MEL Website Purchases.

All MEL website and packages purchases are processed securely via a third party payment gateway provider, such as Stripe. You must refer to their terms and conditions for additional information.

All transactions are handled over SSL and are PCI-Compliant. While in your personal user account, you have the option, but are not required, to securely store your personal billing information for ease of use on the MEL website in connection with your use of MEL’s Products and Services.

ALL SALES ARE FINAL. NO RETURNS OR REFUNDS WILL BE PROVIDED FOR ANY REASON.

12. External Links.

MEL’s website may contain links to third party web sites or services that are not owned or controlled by MEL.

MEL has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. MEL does not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that MEL 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 third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

13. Indemnification.

You agree to indemnify, defend, and hold MEL and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to MEL or post on any forums (e.g., support groups) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (iii) your access or use of the Products and/or the Services. This Section 13 shall survive in the event this Agreement is terminated for any reason.

14. Jurisdictional Issues.

MEL makes no representation or warranty that the content and materials on the Products and/or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Products or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. MEL reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Products and/or the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.

15. Termination.

This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that MEL, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Products or Services, and remove and discard any content within the Products, at any time and for any reason. You agree that any actions taken under this Section 15 may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.

16. General Information.

This Agreement constitutes the entire agreement and understanding between you and MEL and governs your use of the Products and the Services, superseding any prior agreements between you and MEL. This Agreement and the relationship between you and MEL shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law provisions. You and MEL irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Davidson, in the State of Tennessee, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of MEL to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by MEL of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.