Terms of Service

Last Updated: September 30, 2024

Welcome to Memoryboard! These Terms of Service consist of these Terms of Service, the Returns Policy, the Warranty Policy, the Shipping Policy, the Data Protection Policy and the Privacy Policy, (the Terms of Service, Returns Policy, Warranty Policy, Shipping Policy, Data Protection Policy and Privacy Policy are hereinafter collectively referred to as the “Terms”).  The Terms govern your access to and use of the website, www.memoryboard.com, and any and all applications (“apps”) related thereto (collectively, the “Site”) and the services offered by Memoryboard (“we,” “our,” or “us”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.

1. Acceptance of Terms

By accessing or using any part of the Site, you agree to comply with and be bound by these Terms, and any other policies or guidelines posted on the Site. If you do not agree to these Terms, you should not access or use the Site.

2. Eligibility

You must be at least eighteen (18) years old or the age of majority in your jurisdiction to use the Site. By using the Site, you represent and warrant that you have the legal capacity to enter into a binding agreement.

3. Communication Devices Only

You understand, agree, and accept that the services and products offered by, or relating to,  Memoryboard (collectively “Memoryboard Products”) are intended solely for recreational, social, non-emergency communications.  More particularly, you understand, agree, and accept that Memoryboard Products are NOT MEDICAL DEVICES AND ARE NOT TO BE USED IN THE EVENT OF AN EMERGENCY.

4. Use of the Site

Prohibited Activities

You agree not to use the Site for any unlawful purpose or in any way that could harm, disable, overburden, or impair the Site. Specifically, you agree not to:

  • Engage in any activity that interferes with or disrupts the Site or the servers and networks connected to the Site.
  • Attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site.
  • Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission.
  • Attempt to impersonate another person or use another person’s account.
  • Engage in any activity that violates any applicable laws, regulations, or the rights of others, including, without limitation, the right to privacy.

Account Registration

To access certain features of the Site, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete for the duration of your use of the Site. You are responsible for safeguarding your account information and for all activities that occur under your account. You agree to promptly notify us of any unauthorized use of your account.

5.  Intellectual Property

Ownership

All content on the Site, including but not limited to text, graphics, logos, images, codes, algorithms, and software, is the property of Memoryboard or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content on the Site without the prior written consent of Memoryboard.  Memoryboard expressly reserves any and all rights with respect to the foregoing.

License to Use the Site

Subject to, and conditioned upon, your acceptance of, and compliance with, the Terms, Memoryboard hereby grants you a limited, conditional, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial, recreational and social use. This license does not permit you to use the Site for any resale or commercial use, nor does it permit the use of any data mining, robots, or similar data gathering and extraction tools.

6. Purchases and Payment

Orders

By placing an order through the Site, you are offering to purchase one or more Memoryboard Products, subject to these Terms. All orders are subject to availability and acceptance by Memoryboard of your offer to purchase Memoryboard Products. We reserve the right to refuse or cancel any order for any reason.

Pricing and Payment

All prices listed on the Site are in United States Dollars and do not include taxes, shipping, or handling charges. We reserve the right to change prices at any time without notice. Payment must be made through the payment methods provided on the Site. By providing payment information, you represent and warrant that you are authorized to use the designated payment method.

7. Shipping and Returns

Shipping

We will make reasonable efforts to ship products within the estimated delivery time, but we do not guarantee delivery dates. We are not responsible for any delays caused by circumstances beyond our control.

Returns and Refunds

If you are not satisfied with your purchase, you may be eligible for a return or refund in accordance with our Returns Policy, which is a part of these Terms. Please review the Returns Policy for more details.

8. Disclaimers and Limitation of Liability

Disclaimer of Warranties

The Site is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.

Limitation of Liability

To the fullest extent permitted by law, Memoryboard and its affiliates, principals, members, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, inclusive of attorneys fees and court or arbitration costs arising out of or related to your use of the Site or any Memoryboard Products purchased, acquired or used through the Site, even if we have been advised of the possibility of such damages.

9. Indemnification

You agree to indemnify, defend, and hold harmless Memoryboard, its affiliates, and their respective principals, members, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) arising from your use of the Site or your failure, for any reason, to adhere to these Terms.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms, or your use of the Site shall be resolved through binding arbitration in Wilmington, Delaware, in accordance with the rules of the American Arbitration Association. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

11. Termination

Memoryboard may terminate or suspend your access to the Site, without prior notice or liability, for any reason, or for no reason, including, but not limited to, your failure to adhere to these Terms. Upon termination, your rights to use the Site will immediately cease and any license granted pursuant to Section 5 above shall be deemed immediately revoked.

12. Changes to These Terms

Memoryboard reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site after the posting of any changes constitutes your acceptance of the revised Terms.

13. Contact Us

If you have any questions about these Terms, please contact us at:

Memoryboard

hello@memoryboard.com