Introduction

Thank you for visiting Memorescribe.com and/or one or more of our affiliated websites (collectively, this “Website”). This policy describes the terms and conditions for use of Memorescribe website, and any of our subsidiaries or Affiliates (“Memorescribe," or " Memorescribe.com,” or “we,” or “us,” or “our”). The terms and conditions that apply to your access to and / or your use of this Website (and the information, products and services available through this Website), and our use of any communications or User Content (defined below) that you submit to us or post on this Website, are set forth below. 

By using this Website or submitting communications or User Content to us, you accept and agree to all of the terms and conditions set forth herein (the “Terms and Conditions”), which form a legally binding agreement between you and Memorescribe, and / or our applicable business divisions and / or affiliates (collectively, “Memorescribe” or " Memorescribe.com,“ or “we” or "us," or “our”). 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEBSITE. THIS WEBSITE AND THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.

Content and Liability Disclaimer

Memorescribe shall not be responsible for any errors or omissions contained on any Memorescribe website and reserves the right to make changes anytime without notice. Contact us for complete details. Mention of non-Memorescribe products or services is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by Memorescribe. All Memorescribe and third-party information provided on any Memorescribe website is provided on an “as is” basis. 

Notwithstanding any language to the contrary, nothing contained herein constitutes, nor is intended to constitute, an offer, inducement, promise, or contract of any kind. The data contained herein are for informational purposes only and are not represented to be error-free. Any links to information outside this Website are provided as a courtesy and are not intended to constitute, nor do they constitute, an endorsement of the linked materials by Memorescribe.com.

MEMORESCRIBE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO ANY INFORMATION (INCLUDING ANY SOFTWARE, PRODUCTS, OR SERVICES) PROVIDED ON ANY MEMORESCRIBE WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

In no event shall Memorescribe be liable for any damages whatsoever, and in particular Memorescribe shall not be liable for direct, special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue or loss of use, cost of replacement goods, loss or damage to data arising out of the use or inability to use any Memorescribe website, any Memorescribe product or service. This includes damages arising from use of or in reliance on the documents or information present on any Memorescribe website (including any information posted or placed by anyone other than Memorescribe), even if Memorescribe has been advised of the possibility of such damages. 

All documents and information on the Memorescribe website are protected by copyright. Except as specifically permitted herein, no portion of the documents or information on this website may be reproduced in any form or by any means without the express written consent of Memorescribe.

Use at Your Own Risk

We provide the material available through this Website for informational purposes only; all materials are deemed accurate but not guaranteed. The information provided does not constitute professional advice. You may use the content, information, consumer reviews, data and materials from, and the products and services available through, this Website solely for your personal and non-commercial use. Before you act on any such content, information, consumer reviews, data and materials you have found on, or purchase any products or services available through, this Website, you should independently confirm any facts that are important to your decision. 

IF YOU RELY ON ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, PRODUCT OR SERVICE. 

Use License

Memorescribe grants you permission to view and use the Website and to print individual pages from the Website for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth herein. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from the Website.

In addition, as a condition of your use of the Website, you represent and warrant to Memorescribe that you will not use the Website for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use the Website. Other than these Terms between you and Memorescribe relating to the sale of products or services to you through the Website, Memorescribe will not enter into any agreement with you or create any obligation to you through this Website and no attempt to create such an agreement or obligation will be effective.

Information on Our Site

We try to be as accurate as possible with the information we present on the Website. We will make reasonable efforts to accurately display the attributes of the services and products we sell. We do not warrant that service and product descriptions or other content is accurate, complete, or error free. Service and product prices offered on the Website may vary from other advertised prices due to varying conditions in different geographic markets. Prices and promotions are subject to change and may vary. 

Changes to Terms and Conditions

You are responsible for protecting the confidentiality of your password(s), if any, assigned or otherwise utilized in connection with your use of this Website. PLEASE SEE OUR PRIVACY POLICY FOR TERMS APPLICABLE TO OUR DATA COLLECTION AND USE PRACTICES, AMONG OTHER THINGS.

We reserve the right to change these terms and conditions and our separate privacy policy, from time to time as we deem appropriate by posting such changes on this Website or Privacy Policy, as applicable. Any changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. We will not separately notify you that changes have been made, regardless of the scope and importance of the changes, and we encourage you to periodically check back and review these Terms and Conditions so that you always will know what terms and conditions apply to your access to and use of this Website, or our use of any User Content that you have posted on this Website or submitted to us. Your continued use of this Website and/or your submission of any User Content to us after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. This Website may change, and we may restrict access to, suspend or discontinue this Website, or any portion of this Website, at any time.

We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, but not limited to, if we believe that customer conduct violates applicable law or is harmful to the interests of Memorescribe or its businesses, or its or their customers, affiliates, licensors or licensees.

Release of Information for Legal Reasons

We may release information concerning your use of the website as required by law and when we believe in good faith that such release is appropriate to protect our rights and/or comply with a judicial proceeding, court order or legal process served on us or the website.

Feedback Information

Any information provided to Memorescribe in connection with any Memorescribe website shall be provided by the submitter and received by Memorescribe on a non-confidential basis. Such information shall be considered non-confidential and property of Memorescribe. By submitting any such information to Memorescribe, you agree to a no-charge assignment to Memorescribe of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the information. Memorescribe shall be free to use such information on an unrestricted basis.

Global Programs

Information contained in this site may contain references to Memorescribe products or programs that are not announced or available in all countries. Such references do not imply that Memorescribe intends to announce such products, programs or services in any particular country. Email Memorescribe at info@memorescribe.com for information regarding the products and services that are available to you. Memorescribe’s obligations with respect to its products and services are governed solely by the license and/or service agreements under which they are provided. If you obtain a product or service from Memorescribe from this website that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk. 

Security Policy

We are concerned about privacy and endeavor to collect only as much data as is required to make your experience on the website as efficient as possible. The website has security measures in place to help protect against the loss, misuse and alteration of the data under our control. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and after we receive it. While no methods are completely secure and we cannot guarantee absolute security, we strive to use commercially accepted methods to protect your personal information. See the privacy statement disclosures relating to the collection and use of your information.

Trademarks

The trademarks, logos, and service marks (collectively “Trademarks”) appearing on the Memorescribe website are the property of Memorescribe.com and other parties. Nothing contained on the Memorescribe website should be construed as granting any license or right to use any Trademark without the prior written permission of the party that owns the Trademark. 

Contacting Us

If you have any questions about this agreement, please visit our contact page.

 Although Memorescribe will be able to receive communication provided through this Site (including, without limitation, service requests and other submissions) in most circumstances, Memorescribe does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that internet e-mail typically is not secure.

Uploaded Content

We welcome your comments regarding this site. However, by submitting any content to Memorescribe (including photos), via the Website or otherwise, you represent and warrant that:

• you are the sole author and owner of the intellectual property rights thereto;
• all "moral rights" that you may have in such content have been voluntarily waived by you; and
• use of the content you supply does not violate the Terms and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

• that is known by you to be false, inaccurate or misleading;
• that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party; or
• that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Memorescribe (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Memorescribe and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content (including photos and all data contained or appended to the computer file of such photos) that you submit may be used and shared with authorized third-parties at Memorescribe’s sole discretion. Memorescribe reserves the right to change, condense or delete any content on the Website that Memorescribe deems, in its sole discretion, to violate these Terms. Memorescribe does not guarantee that you will have any recourse through Memorescribe to edit or delete any content you have submitted. You acknowledge that you, not Memorescribe, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Memorescribe, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

Disputes

You agree that this agreement and your use of the Website are governed by the laws of the State of Georgia, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Fulton County, Georgia, USA in all disputes (a) arising out of, relating to, or concerning the Website and/or these Terms; (b) in which the Website and/or these Terms present is an issue of a material fact; (c) in which the Website and/or these Terms are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization; (d) arising out of relating to any products or services sold or distributed by Memorescribe whether in store, in your home, over the phone, or online; and (e) related to Memorescribe advertising, communication, delivery, or sales practices relating to its products and services. Use of the Website is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms, including without limitation this paragraph and the warranty disclaimers and liability exclusions.

Memorescribe has endeavored to comply with all legal requirements known to it in creating and maintaining the Website, but makes no representation that materials on the Website are appropriate or available for use in any particular jurisdiction. Use of the Site is unauthorized in any jurisdiction where all or any portion of the Website may violate any legal requirements and you agree not to access the Website in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

WITH THE PRIOR AGREEMENT OF MEMORESCRIBE, ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING THIS SITE AND/OR THIS AGREEMENT SHALL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND ANY SUCH ARBITRATION PROCEEDINGS SHALL BE BROUGHT AND HELD IN FULTON COUNTY, GEORGIA, USA. CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PURPORTED REPRESENTATIVE OF ANY CLASS. THE DECISIONS OF THE ARBITRATORS SHALL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION SHALL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.

General

You agree that no joint venture, partnership, employment or agency relationship exists between you and Memorescribe as a result of this agreement or your use of this Website.

Memorescribe’s performance of these Terms is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Memorescribe's right to comply with law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Memorescribe with respect to such use.

These Terms, the Privacy Policy, and terms of sale constitute the entire agreement between you and Memorescribe with respect to the Website. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Memorescribe with respect to this Website. No modification of this agreement shall be effective unless it is authored by Memorescribe or its affiliates. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Memorescribe in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms or your use of this Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Memorescribe in printed form.

Memorescribe also may make employment information available through this Website. Memorescribe is an equal opportunity employer. Memorescribe provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. Memorescribe's policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits and participation in all company-sponsored employee activities.

THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF MEMORESCRIBE OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

Use of Communication Services

We may provide a variety of services on this Website through which you can directly interact with others, such as email services, blogging services, chat rooms, communications tools, forums and other public posting areas (“ Communications Services ”). (For purposes of these terms and conditions, all references to this Website generally include all Communication Services available through this Website.) We cannot and do not review every posting made in these Communications Services. You may well read any given posting before anyone on our staff does. You can expect these Communications Services to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest or from a member of our staff, and we are not responsible or liable for, and do not assume any responsibility in respect of, the views and opinions expressed. We encourage an open exchange of information and User Content, but we want everyone to be able to enjoy these Communications Services.

 We do not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of this Website and any Communication Services (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce these terms or conditions or to protect the rights, property or safety of visitors to this Website and/or users of any Communications Services, our customers, the public or Memorescribe, and our owners, affiliates, licensors or licensees. We reserve the right (but assume no obligation) to review the content of this Website, including blogs, message boards, chat rooms, listings, forums and other User Content posted to this Website or via any Communications Services to determine compliance with these Terms and Conditions and any other rules established by us, and to satisfy any law, regulation or authorized government request. We shall have the right, in our sole discretion, to delete, move, refuse to post and/or edit any messages, listings, postings or other User Content that we consider unacceptable or inappropriate, whether for legal or other reasons.

By using this Website and/or any Communications Services, you agree not to post, submit or transmit to Memorescribe, through this Website or via any Communications Services any User Content or other information that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, fraudulent or otherwise objectionable, (iii) encourages conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law, or (iv) without our express prior approval, contains advertising or any solicitation with respect to products or services. The sender of any User Content to this Website or via any Communications Services or otherwise to Memorescribe, shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting to this Website or via any Communications Services, or otherwise submitting User Content to Memorescribe, you represent and warrant that you either own or otherwise control all rights necessary for you to provide, post, upload or submit such User Content. Without limiting the foregoing, you shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights or any other harm resulting from any User Content submitted by you to or through this Website or via any Communications Services. We reserve the right to deny access to this Website and/or any Communications Service to anyone who violates these Terms and Conditions or who, in our judgment, interferes with the ability of others to enjoy this Website or Communication Services, or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.

Violation of These Terms and Conditions

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this Website, or to identify, contact or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of this Website, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that we may preserve and store any communication by you with us through this Website or any service offered on or through this Website and may also disclose such data if required to do so by law or if we determine that such disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these terms and conditions, or (iii) respond to claims that any such data violates the rights of others, or (iv) protect the rights, property or personal safety of Memorescribe, and/or our owners, affiliates, employees, users of or visitors to this Website or the public.

Without limiting any other provision of these terms and conditions, you agree that we may, in our sole discretion and without prior notice, terminate your access to this Website and/or block your future access to this Website if we determine that you have violated these terms and conditions or other agreements or guidelines which may be associated with your use of this Website, including but not limited to our privacy policy. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or inequity.

Termination of Use

We may, in our sole discretion, terminate your account or your use of the Website at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of any Website at any time without prior notice.

Copyrights

This Website and the materials within it are © Memorescribe. Viewing or using this Website may create a copy of Memorescribe materials in your computer's random access memory and/or in your hard drive and/or in your proxy server.