General
This website (the “Site”) is owned and operated by Memyts (“COMPANY”, “we”, or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, our Shipping Policy, our Return/Refund Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing the Site, in any manner (whether automated or otherwise), constitutes use of the Site and your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on the use of the Site from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
Our Limited License to You. This Site and all materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal, non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. Unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the Site. You may, however, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, social posts, photos, and videos) to us via the Site, social media, or to any of our staff via email, text, or otherwise, you represent: (i) that you are the owner of the material, or are making your submission with the express consent of the owner; and (ii) that you are thirteen (13) years of age or older. When you submit or post any material, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, including the right to identify you as the author of such material.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” where applicable. If not deemed a work made for hire, you hereby irrevocably assign to COMPANY all right, title, and interest in and to such contributions, including all copyrights and other intellectual property rights.
Limitations on Linking and Framing. You may establish a hyperlink to the Site so long as the link does not state or imply any sponsorship of your site by us or the Site. You may not frame or inline link any of the content of the Site without our prior written permission.
Disclaimers
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement of such sites or the information, products, or services offered on or through them. We do not control and are not responsible for any third-party content or services.
As-Is / No Warranties
THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You agree to defend, indemnify, and hold harmless COMPANY, its affiliates, successors, and their respective officers, directors, and employees from and against any and all claims and expenses arising out of your use of the Site or breach of these Terms.
Online Commerce
Some sections of the Site may allow you to purchase products or services provided by third parties. We are not responsible for the quality or other aspects of these third-party offerings. When you purchase through or are redirected to a third party, their terms and privacy practices apply. You agree that COMPANY shall not be responsible or liable for any loss or damage resulting from such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site and to use the Site for legitimate, non-commercial purposes only.
Interactive Features
The Site may include features (e.g., message boards, blogs, chats) that allow user interaction. You are solely responsible for what you post or transmit. As a condition of use, you agree not to post unlawful, infringing, defamatory, obscene, or otherwise objectionable content, and not to interfere with the operation of the Site or violate others’ rights.
We may, but are not obligated to, monitor postings. We reserve the right to remove content, in whole or in part, at our sole discretion, and to disclose materials if required by law or to protect our rights and users.
Registration & Passwords
To access certain features, you may be required to register and provide accurate information. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized use.
Mobile Message Service
The Memyts mobile message service (the “Service”) is operated by COMPANY. Your use of the Service constitutes agreement to these terms (“Mobile Terms”). Message and data rates may apply. Message frequency may vary. Your consent to receive autodialed marketing text messages is not a condition of purchase. To opt out, reply with the single keyword command STOP, CANCEL, or UNSUBSCRIBE. For support, contact support@memyts.com. Carriers are not liable for delayed or undelivered messages.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR PRODUCTS/SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND OUR PRODUCTS/SERVICES.
Health & Wellness Content: This Site may offer health, wellness, fitness, and nutritional information for educational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. Always consult a qualified health professional with questions regarding your health. Use of any information on the Site is solely at your own risk.
Termination
We may cancel or terminate your right to use the Site at any time without notice. Upon termination, you must cease accessing the affected portions of the Site. Sections regarding IP rights, disclaimers, limitations of liability, and indemnity shall survive termination.
Refund Policy
We stand behind Memyts with a 60-day satisfaction guarantee. To obtain a refund, email support@memyts.com with your order number. Refunds are issued to the original method of payment and may take 3–5 business days to appear depending on your bank’s processing times.
Digital Millennium Copyright Act (DMCA)
If you believe in good faith that materials hosted by COMPANY infringe your copyright, you or your agent may send us a notice requesting removal or blocking of the material. If you believe a notice has been wrongly filed against you, the DMCA permits a counter-notice. See loc.gov/copyright for requirements. COMPANY’s Copyright Agent: support@memyts.com.
Assignment
This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns and successors. We may assign our rights and obligations under this Agreement to any affiliated entity or wholly owned subsidiary.
Dispute Resolution
These Terms of Service shall be governed by the laws of the State of Colorado, USA, without regard to its conflict of laws principles, and any dispute shall be subject to binding arbitration in Denver, Colorado. If any provision is unlawful, void, or unenforceable, it shall be deemed severable and shall not affect the validity of the remaining provisions.
Class Action Waiver
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. Class arbitrations and class actions are not permitted unless all parties expressly agree in writing.
Severability
If any clause within these Terms of Service (other than the Class Action Waiver) is found to be illegal or unenforceable, that clause will be severed and the remainder will remain in full force and effect. If the Class Action Waiver is found unenforceable, this entire provision will be unenforceable and the dispute will be decided by a court.
Anti-Spam Policy
We prohibit unsolicited, bulk, or indiscriminate messages. If you receive any message from us that may be considered spam, please contact support@memyts.com and we will investigate. To update your subscription preferences, email support@memyts.com.
The following information can still be sent electronically without prior consent:
- a response to a request from you;
- information about your account or relationship with us;
- certain information about goods or services you have purchased from us;
- a message facilitating, completing, or confirming an existing commercial transaction;
- communications relevant to your business role where you have provided or published your email address;
- messages sent following a referral by a third party with whom both of us have an existing relationship;
- messages sent to fulfill a legal obligation or enforce a legal right.
© Memyts. All rights reserved. Distributed by Memyts — Aurora, CO, USA.