1. ACCEPTANCE OF TERMS|
By using this site (the "Site"), you signify your agreement to all terms, conditions, and notices contained or referenced herein
Memo to Me ("we" or "Memo to Me") reserve the right, at our discretion,
2. PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available on the Site are protected by copyrights, trademarks,
service marks, patents, trade secrets, or other proprietary rights and laws.
Except as expressly authorized by Memo to Me, you agree not to sell, license,
rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit, or create derivative works from such materials or content.
Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly,
a collection, compilation, database, or directory without written permission from Memo to Me
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Site
is strictly prohibited without the express written permission of Memo to Me.
Permission is granted only when certain limited criteria are met. For information on requesting such permission,
please contact us at email@example.com.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current, and complete information
about yourself as prompted by the Site's registration and payment forms (such information being the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
If you provide any information that is untrue, inaccurate, not current, or incomplete, or Memo to Me
has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete,
Memo to Me shall have the right to suspend or terminate your account and refuse any and all
current or future use of the Site (or any portion thereof).
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Site's registration process.
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree to (a) immediately notify Memo to Me
of any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. Memo to Me cannot and will not
be liable for any loss or damage arising from your failure to comply with this section.
You agree that Memo to Me, in its sole discretion, may terminate your password, account (or any part thereof)
or use of the Site, and remove and discard any content within the Site, for any reason, including, without limitation,
for lack of use or if Memo to Me believes that you have violated or acted inconsistently with the letter
time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your
and agree that Memo to Me may immediately deactivate or delete your account and all related information
and files in your account and/or bar any further access to such files or the Site. Further, you agree that
Memo to Me shall not be liable to you or any third-party for any termination of your access to the Site
or for your loss of any data or information you have stored on the Site.
Should you decide to cancel your account, you may do so by emailing
Any unused credits or funds in your account shall be forfeit upon cancelation.
6. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site,
including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser. You agree that Memo to Me
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 Site.
The Site may provide, or third parties may provide, links to other World Wide Web Sites or resources. Because
Memo to Me has no control over such Sites and resources, you acknowledge and agree that
Memo to Me is not responsible for the availability of such external Sites or resources,
and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on
or available from such Sites or resources. You further acknowledge and agree that Memo to Me
shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content, goods or services available on or through any such Site or resource.
Memo to Me members who are on a billing plan will be subject to charges for this software and use of the Site
in accordance with Memo to Me's standard billing practices.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
MEMO TO ME EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MEMO TO ME MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS,
(ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEMO TO ME
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MEMO TO ME SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MEMO TO ME
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION,
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.
11. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.
Upon a request by Memo to Me, you agree to defend, indemnify, and hold harmless
Memo to Me, all of its affiliated companies, and their employees, contractors, officers,
and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site.
Memo to Me reserves the right, at it own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you will cooperate with Memo to Me
in asserting any available defenses.
13. INTERNATIONAL USE
Memo to Me makes no representation that materials on the Site are appropriate or available for use
in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.
Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
14. CHOICE OF LAW AND FORUM
excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising
in the state of California, and you further agree and submit to the exercise of personal jurisdiction of such courts
for the purpose of litigating any such claim or action.