TERMS AND CONDITIONS OF USE
(Last updated: August 26, 2020)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (THE “TERMS”) CAREFULLY BEFORE USING THIS WEB SITE (THE “SITE”) AND OTHER WEBSITES (THE “SITES”), INCLUDING ANY SUBDOMAINS THEREOF, OR ANY RELATED SMARTPHONE OR MOBILE APPLICATIONS, OPERATED BY MEMORY PHARM LLC. THE TERMS GOVERN YOUR USE OF THE SITES AND ARE BINDING BETWEEN YOU AND MEMORY PHARM LLC.
1. Acceptance of Terms and Subsequent Amendments
This Agreement, which governs the terms of your access to Memory Pharm LLC’s Products and Services and also governs, to the extent applicable, for use of the website even if you have not subscribed to any of the products and services outlined below and/or registered for a course or meeting, is between you (“you” or “Customer”), as an authorized user of such services, and Memory Pharm LLC.
This Agreement (as defined above) constitutes the entire agreement between Memory Pharm LLC and you regarding Memory Pharm LLC Products and Services and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. For purposes of this Agreement, “Memory Pharm LLC or Services” or “Products or Services” are defined as any and all services provided by Memory Pharm LLC to you either now or in the future.
By receiving and/or using Memory Pharm LLC Products and Services, you confirm your acceptance of, and agree to be bound by, this Agreement, and you represent and warrant that you understand that this Agreement (as defined above) is a legally binding agreement and the equivalent of a signed, written contract.
2. Electronic Communications
When you visit the Site or send e-mails to Memory Pharm LLC, you are communicating with Memory Pharm LLC electronically. You consent to receive communications from Memory Pharm LLC. Memory Pharm LLC may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Memory Pharm LLC provides to you electronically satisfy any legal requirement that such communications be in writing.
3. Your Account
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Memory Pharm LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
4. Customer Responsibilities
As further discussed in the Terms and Conditions, your right to use the Products and/or Services is personal and shall be for the benefit of a single individual user only. Sharing a password with a non-subscriber or otherwise making the contents of this web site available to third parties is strictly prohibited. Memory Pharm LLC reserves the right to monitor IP addresses and login statistics to determine if a Customer is violating this policy. If Memory Pharm LLC determines, or simply has reason to believe in its sole discretion, that an active Customer is violating this policy through having too many or unusual IP addresses during login, then Memory Pharm LLC reserves the right to question the Customer and/or inactivate the account without notice. Furthermore, the Customer may not reproduce any of the material provided or published by Memory Pharm LLC, store such material in a retrieval system, sell such material, or transmit such material in any form or by any means, including, but not limited to, electronically, mechanically, photocopying, microfilming, recording, or otherwise without written permission from the owners of Memory Pharm LLC.
It is your responsibility to obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to receive and/or access Products or Services, and to set your internet services provider’s or intermediary’s settings to appropriately receive outside emails from a blast email subscription service such as that being provided by Memory Pharm LLC. You must have your own active email account that is able to accept emails in html format.
NEITHER MEMORY PHARM LLC NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES, INCLUDING SPECIFICALLY, BUT NOT LIMITED TO, ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF MEMORY PHARM LLC’S OR ANY SUCH LICENSOR’S OR SERVICE PROVIDER’S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO THE CUSTOMER’S EMAIL ADDRESS, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.
Payment of your Memory Pharm LLC’s account balance is due at the time of purchase and must be made by a valid form of payment designated by you for Memory Pharm LLCs use and transactions (provided such form of payment is allowed by the Memory Pharm LLC website at the time of payment). In addition, the application of a valid coupon must be redeemed at the time of purchase online. Users (past, current and/or future subscribers) may only apply one coupon to their order as either outlined by the coupon information, promotional, mail out, correspondence and for the specific product or service of Memory Pharm LLC. Furthermore, coupons will only be accepted or determined to be valid for users who were supposed to receive the coupon or are deemed the acceptable recipient of the coupon as determined by Memory Pharm LLC. Available and valid coupons cannot be applied or redeemed after an intended purchase has been completed and nor can more than one coupon be used at the time of purchase. The charges you will be agreeing to pay shall be based on the current pricing schedule set forth on the website and agreed to by you at the time of your checking out and paying for the selected Products or Services. If the use of a coupon exceeds the actual price or balance due for the product and/or service being purchased, you will not be eligible for a refund or credit of the difference of any kind. The burden of proof is on you as the customer to prove you are the proper or intended recipient of a coupon and that you used it in the context for which it was provided. Memory Pharm LLC reserves the right to suspend or terminate your products/services without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Memory Pharm LLC when Memory Pharm LLC believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Memory Pharm LLC.
You represent and warrant that you are an authorized user of whatever form of payment you elect (i.e. credit card, debit card, checking account, or otherwise), and you agree to pay all charges resulting from your subscription service account at the prices then in effect, including any unauthorized charges incurred prior to your notifying Memory Pharm LLC of such charges and your taking steps to prevent its further occurrence. You agree that Memory Pharm LLC may pass your payment information (such as credit card number, expiration date, checking account number, etc.) and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your subscription service. All subscription service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. Memory Pharm LLC reserves the right to modify or terminate courses, change prices, or institute new charges for any subscription service at any time with at least thirty (30) days’ notice.
If you purchased a product that requires shipping, Memory Pharm LLC will not be responsible for shipments that are delayed due to uncontrollable events or acts of God (such as severe weather, war, or other unforeseen situations) that may compromise the delivery of a product by the mailing agency used. Memory Pharm LLC will make every effort to prevent such delays or to communicate such delays to the customer.
6. Return Policy
ALL SALES ARE FINAL ON COURSES AND PRODUCTS ONCE ACCESSED OR MATERIALS ARE SHIPPED: On purchases of eBook or courses you make through the Memory Pharm LLC website, once you have accessed or logged on to the course or ebook or physical materials are shipped, all sales are final. As soon as you click on the button authorizing Memory Pharm LLC to charge you (by whatever form of payment has been designated by you) for the requested subscription(s), your purchases will be immediately charged to your credit card, checking account, or other form of payment. Once you actually access or log on to view the online material, eBook or materials are shipped, Memory Pharm LLC’s policy is that you cannot cancel a purchase or receive a refund for a purchase.
To the extent the refund policy for a particular course or product is not addressed above, the refund policy shall be as stated on the registration form or webpage online.
You may request a refund within 30 days of your purchase of an Online Course so long as the course has not been accessed and you will receive a refund minus a 10% processing fee. If physical materials have already been shipped or received, your registration to the Online Course becomes non-refundable.
7. Limited Authorization to Use Protected Material
The Site contains or references trademarks, copyrights, patents, logos or other proprietary rights of Memory Pharm LLC (“Intellectual Property”). The Information and Intellectual Property on the Site are the exclusive property of Memory Pharm LLC. Removing or altering any copyright or other legal notice included with Information on the Site is prohibited. Memory Pharm LLC also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination and arrangements of the Site’s content. Except as otherwise expressly stated herein, you are not granted any license to use, or right in, any Intellectual Property on the Site. Non-compliance relating to displaying, downloading and reproduction of the Information, and the use of the Intellectual Property displayed or otherwise made available on the Site, constitutes a material breach of the Terms and immediate forfeiture of the above limited authorization.
Images of people or places displayed on the Site are either the property of, or used with permission by, Memory Pharm LLC. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by the Terms or by specific permission provided elsewhere on the Site or in a separate writing signed by an authorized officer of Memory Pharm LLC. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and potentially other statutes and regulations. Descriptions of, or references to, products, services, or publications within the Site does not imply endorsement of that product, service, or publication. Memory Pharm LLC makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information. The Site could include technical inaccuracies or typographical errors.
The Site may also contain or reference the intellectual property of third parties. No license or permission is granted herein with respect to any of this information.
8. Accuracy; Limitation of Liability and Exclusion of Warranties
Memory Pharm LLC makes commercially reasonable efforts to ensure that all information contained on the Site is accurate and up to date. Nevertheless, you must evaluate the information and content of the Sites. Your use and browsing of the Site is exclusively at your own risk and the Site is provided to you AS-IS WITHOUT WARRANTY OF ANY KIND. MEMORY PHARM LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SITE AND THE MATERIALS CONTAINED HEREIN. MEMORY PHARM LLC EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MEMORY PHARM LLC DOES NOT WARRANT THAT (A) THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED OR SECURE, (B) DEFECTS WILL BE CORRECTED, (C) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, OR (D) ANY CONTENT OR INFORMATION ON THE SITE IS CORRECT, RELIABLE, CURRENT OR COMPLETE.
MEMORY PHARM LLC ALSO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE SITE OR DOWNLOAD MATERIAL FROM THE SITE.
UNDER NO CIRCUMSTANCES SHALL MEMORY PHARM LLC, ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) RESULTING FROM ITS PERFORMANCE OR ANY FAILURE TO PERFORM UNDER THE TERMS EVEN IF MEMORY PHARM LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Non-Proprietary Information
For any and all materials or content that you post or otherwise provide to Memory Pharm LLC in connection with the Site, you grant Memory Pharm LLC an irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and otherwise exploit such materials in any and all media or distribution formats, methods, and channels (now known or later developed). You acknowledge and agree that Memory Pharm LLC may sublicense these rights.
11. Links to Third Party Sites
The Site may contain links to other Web sites or frame information from other Web sites that are not under the control of Memory Pharm LLC. Memory Pharm LLC is providing these links and/or frames to you only as a convenience. MEMORY PHARM LLC MAKES NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE WEB SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH LINKED WEB SITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEB SITES SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION. IN PARTICULAR, PLEASE NOTE THAT THE POLICIES OF OTHER WEB SITES LINKED TO THE SITE MAY BE MATERIALLY DIFFERENT THAN THE TERMS, ESPECIALLY WITH RESPECT TO THE USE AND COLLECTION OF PERSONAL INFORMATION AND WITH RESPECT TO THE USE OF PROPRIETARY INFORMATION POSTED ON THAT WEB SITE. No permission is hereby granted to you to link from any other Web site to any portion of the Site, or to frame any content contained on the Site without Memory Pharm LLC’s prior written permission.
12. Intended Audience; Obligations
13. Local Laws; Dispute Resolution
The Site (excluding any linked Web site) is controlled by Memory Pharm LLC from its offices within the State of Georgia, United States. By accessing the Site, you agree that all matters relating to access to, or use of, the Site or any other linked Web site, shall be governed by the laws (both substantive and procedural) of the State of Georgia and the laws of the United States of America, without regard to the conflicts of laws principles. You also agree, and by using the Site hereby submit, to the exclusive personal jurisdiction and venue of the courts of the State of Georgia relating to any dispute arising out of your use of the Site.
You agree and acknowledge that your use of the Site, and all transactions occurring in connection with the Site, shall be deemed to have occurred and taken place solely in the State of Georgia, United States of America. Your use of the Site is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree that you shall not visit or use the Site in any such circumstances. Those who choose to access these sites from other locations do so on their own initiative and are responsible for compliance with local laws.
14. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. Restrictions on Content and Site
16. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL MEMORY PHARM LLC BE LIABLE FOR ANY DAMAGES, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SITES, IN WHOLE OR IN PART, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL MEMORY PHARM LLC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, REGARDLESS OF WHETHER ANY MEMORY PHARM LLC PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR DAMAGES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THESE TERMS.
By using the any of the Sites you acknowledge and agree that you release, remise, and forever discharge Memory Pharm LLC, its subsidiaries, its affiliates, and their respective officers, directors, employees, suppliers, licensors and agents (and its and their successors, officers, directors and employees) from any and all claims, complainants, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown that arise out of or are in any way related to your use of this Website and/or Services. If you are a California resident, you waive California Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
19. Digital Millennium Copyright Act Compliance
Memory Pharm LLC respects the intellectual property rights of others and expects users of this Website to do so as well. In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. Section 512), Memory Pharm LLC has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users, members, subscribers, or account holders who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Memory Pharm LLC’s copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement that you have a good-faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Memory Pharm LLC reserves the right to remove any content posted to the Site at our sole discretion. Please contact us at notice of alleged copyright infringement at firstname.lastname@example.org.
Contacting Memory Pharm LLC