Company may update or revise the Terms of Service at any time. If we revise the Terms of Service, such revision shall be effective thirty (30) days after posting the new Terms of Service on memtrax.com. You agree to review the Terms of Service periodically to become aware of such revisions. You can view the Terms of Service at any time by clicking on the Terms of Service link at the bottom of the home page. Your continued use of MemTrax thirty (30) days after a revised Terms of Service is posted on www.memtrax.com will mean that you accept all such revisions. If you don't agree to the changes, or to any of the terms in this Terms of Service, your only remedy is to cease to use MemTrax.
If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate any and all accounts that you have established. You acknowledge that Company is not required to provide you notice before terminating your Account, but it may choose to do so.
The Terms of Service constitutes the entire agreement between you and Company regarding your rights and obligations in your use of MemTrax. If there is any conflict between the Terms of Service and any other rules or instructions posted on MemTrax, Company shall resolve the conflict in its sole discretion. If you have questions about the Terms of Service, please contact us by sending an email to email@example.com.
Limitations on warranty and liability
YOU EXPRESSLY AGREE THAT THE USE OF MEMTRAX, MEMTRAX SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. MEMTRAX, MEMTRAX SOFTWARE, COMPANY'S PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. COMPANY PROVIDES MEMTRAX ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE MEMTRAX AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT COMPANY WILL HAVE ADEQUATE CAPACITY FOR MEMTRAX AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMPANY OR ITS LICENSORS IS TO STOP USING MEMTRAX, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT COMPANY, ITS SUBSIDIARIES, LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON MEMTRAX. IN NO CASE SHALL COMPANY OR ITS SUBSIDIARIES, LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "COMPANY AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO COMPANY FOR MEMTRAX. IN NO CASE SHALL COMPANY OR COMPANY AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF MEMTRAX, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH MEMTRAX. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, COMPANY'S AND COMPANY AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH MEMTRAX AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Upon request by Company, you agree to defend, indemnify and hold harmless Company and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Company in that matter. This Section shall survive termination of this Agreement.
MemTrax is not an attempt to practice medicine or provide specific medical advice, This site may also provide links to other websites that provide health information that may be written by their respective staff, physicians or health care providers, or contracted from outside providers. These links to other web sites are provided for your convenience. Company is not responsible for the availability, accuracy, or content of these outside sites, nor does it endorse them.
Other legal terms
The laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your Membership. As noted above, Member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Company or relating in any way to your Membership or your use of MemTrax resides in the courts of Northern California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Northern California in connection with any such dispute including any claim involving Company or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.
The product may contain Adobe Shockwave™ Player and Adobe Flash™ Player software by Adobe Systems Inc. All rights reserved. Adobe, Shockwave and Flash are trademarks of Adobe Systems Inc. All other trademarks are the property of their respective owners.