MemReg Terms of Service

  1. About the Terms
    1. Your use of MemReg’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by MemReg under a separate written agreement) is subject to the terms of a legal agreement between you and MemReg. “MemReg” means Memorabilia Registry Corp, whose principal place of business is at 9830 S 51st Street, Suite A124, Phoenix, Arizona, 85044, United States.
    2. Unless otherwise agreed in writing with MemReg, your agreement with MemReg will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.
    3. Your agreement with MemReg will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
    4. The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and MemReg in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
    5. If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
  2. Accepting the Terms
    1. Before you may become a member of MemReg, you must read and accept all of the Terms in, and linked to, this document and the MemReg Privacy Policy. You may not use the Services if you do not accept the Terms.
    2. You can accept the Terms by:
      1. clicking to accept or agree to the Terms, where this option is made available to you by MemReg in the user interface for any Service; or
      2. by actually using the Services. In this case, you understand and agree that MemReg will treat your use of the Services as acceptance of the Terms from that point onwards.
    3. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with MemReg, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
    4. The Terms are effective as of September 1, 2010 for current users, and upon acceptance for new users.
  3. Language of the Terms
    1. Where MemReg has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with MemReg.
    2. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
  4. Provision of the Services by MemReg
    1. MemReg is constantly improving and upgrading its services in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which MemReg provides may change from time to time without prior notice to you.
    2. As part of these continuing improvements, you acknowledge and agree that MemReg may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at MemReg’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform MemReg when you stop using the Services.
    3. You acknowledge and agree that if MemReg disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
    4. You acknowledge and agree that while MemReg may not currently have set a fixed upper limit on the number of messages you may send or receive through the Services, on the number of items or addresses you may list through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by MemReg at any time, at MemReg’s discretion.
  5. Use of the Services by you
    1. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to MemReg will always be accurate, correct and up to date.
    2. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
    3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by MemReg, unless you have been specifically allowed to do so in a separate, written agreement with MemReg. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
    4. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
    5. Unless you have been specifically permitted to do so in a separate, written agreement with MemReg, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
    6. You agree that you are solely responsible for (and that MemReg has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which MemReg may suffer) of any such breach.
    7. You agree not to:
      1. post content or items in an inappropriate category or areas on our sites and services;
      2. violate any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies in section 5.8;
      3. fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you make an offer or a clear typographical error is made;
      4. fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
      5. interfere with other users' listings;
      6. circumvent or manipulate our fee structure, the billing process, or fees owed to MemReg;
      7. post false, inaccurate, misleading, defamatory, or libelous content;
      8. transfer your MemReg account and User ID to another party without our consent;
      9. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
      10. distribute viruses or any other technologies that may harm MemReg, or the interests or property of MemReg users;
      11. copy, modify or distribute rights or content from the MemReg sites, service or tools or MemReg’s copyrights and trademarks; or
      12. harvest or otherwise collect information about users, including email addresses, without their consent.
    8. Some items are prohibited from being posted on MemReg’s sites, and others are limited to “restricted or private” (i.e., non-public) viewing modes.
      1. MemReg is aware that some judgments are subjective; MemReg has the sole ability (but not the requirement) to determine if a Public viewing mode item should be changed to a Restricted or Private viewing mode.
      2. The following items are prohibited:
        1. items or media (pictures, movies, audio, etc.) to which you do not own the license, or the rights to the license;
        2. illegal items.
      3. The following items are restricted:
        1. “adult” items, such as nude photos;
        2. items or media advocating hate speech;
        3. items or media advocating criminal activity.
  6. Account security
    1. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
    2. Accordingly, you agree that you will be solely responsible to MemReg for all activities that occur under your account.
    3. If you become aware of any unauthorized use of your password or of your account, you agree to notify MemReg immediately.
  7. Privacy and your personal information
    1. For information about MemReg’s data protection practices, please read MemReg’s privacy policy at http://www.MemReg.com/Privacy_Policy.html. This policy explains how MemReg treats your personal information and protects your privacy when you use the Services.
    2. You agree to the use of your data in accordance with MemReg’s privacy policies.
  8. Content in the Services
    1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
    2. You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to MemReg (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by MemReg or by the owners of that Content, in a separate agreement.
    3. MemReg reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
    4. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
    5. You agree that you are solely responsible for (and that MemReg has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which MemReg may suffer) by doing so.
  9. Title Transfer Services
    1. Buyers and sellers share the responsibility for making sure purchases facilitated by MemReg are acceptable to both parties. MemReg strongly encourages buyers to work with sellers, and vice versa, before opening a claim relating to a purchase. Buyers and sellers agree to follow the requirements of the MemReg Title Transfer Service with respect to claims. MemReg may suspend the MemReg Title Transfer Service without notice if we suspect abuse or interference with the proper working of the program.
    2. MemReg requires buyers and sellers to comply with our resolution process. Buyers and sellers agree to permit MemReg to make a final decision, in our sole discretion, on any claim that a buyer or seller files with MemReg under the MemReg Title Transfer Service.
    3. MemReg does not transfer legal ownership of items from the seller to the buyer. The Uniform Commercial Code § 2-401(2) applies to the transfer of ownership between the buyer and the seller. However, Seller and Buyer agree that once the MemReg Title Ownership has been assigned, the stated owner has the full legal title to that Item.
    4. Seller and Buyer agree that when the Offer Price (or Counter-Offer Price; “Offer Price” shall be used hereafter to refer to the price submitted by either party) has been submitted by one party and accepted by the other party, that price, including all applicable taxes, shipping charges, etc., shall become the “Sale Price.” At that point, the item will enter into Purchase and the item will go off the market, changing status from “For Sale” to “Transfer Pending”.
      1. The Buyer submits payment (Sale Price plus Title Transfer Fee) to MemReg.
      2. The notification is sent to the Seller, along with shipping instructions.
      3. MemReg changes the status of the Item to “Transfer Pending.”
      4. The Seller sends the Item to the Buyer.
      5. When both the Seller and the Buyer select “Transfer Approved” from their respective account login, the Item Title Ownership is transferred to the Buyer and the Sale Price payment (minus the Title Transfer Fee) is made to the Seller.
      6. If both the Seller and the Buyer select “Transfer Not Approved” from their respective account login, the Item Title Ownership is transferred back to the Seller (Title Transfer Fee is charged) and the Sale Price payment is refunded back to the Buyer.
      7. If there is disagreement (Seller selects Approved and Buyer selects Not Approved or vice versa), then the Sales Process is locked. The Title will be held in Pending Transfer and the money will held in a separate fund account until the disagreement is resolved by MemReg or by the order of the appropriate Court or Law Enforcement Agency.
    5. Trades do not have a Seller and Buyer. A Trade is a simple transfer of ownership from one MemReg member to another; it may be in return for another item (listed on MemReg or not) or as a gift, or even for cash or other services rendered.
        The process for completing a Trade is as follows:
        1. The original owner completes the Transfer Title approval process for the item specifying the new owner.
        2. The original owner pays MemReg the Trade Transfer fee.
        3. The ownership is automatically transferred to the new owner.
  10. Fees and Services
    1. Joining MemReg and listing items for sale or trade is free. MemReg does charge fees for transferring ownership of items. When you agree to sell an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on MemReg’s website. MemReg may choose to temporarily change the fees for our services for promotional events (for example, free transfer days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
    2. The Title Transfer Fee is the fee paid by the Seller (or current owner, in the case of a trade) and the Buyer. The amount of the Title Transfer Fee is set when the Item is first listed with MemReg, or the last time the title changed hands, whichever is later.
    3. The Trade Transfer Fee is paid by the current owner (see section 9.5).
    4. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us or retaining collection agencies and legal counsel.)
  11. Proprietary rights
    1. You acknowledge and agree that MemReg (or MemReg’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by MemReg and that you shall not disclose such information without MemReg’s prior written consent.
    2. Unless you have agreed otherwise in writing with MemReg, nothing in the Terms gives you a right to use any of MemReg’s trade marks, service marks, trade names, logos, domain names, or any other distinctive brand features.
    3. If you have been given an explicit right to use any of these brand features in a separate written agreement with MemReg, then you agree that your use of such features shall be in compliance with that agreement, and any applicable provisions of the Terms.
    4. Other than the limited license set forth in Section 12, MemReg acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with MemReg, you agree that you are responsible for protecting and enforcing those rights and that MemReg has no obligation to do so on your behalf.
    5. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
    6. Unless you have been expressly authorized to do so in writing by MemReg, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
  12. License from MemReg
    1. MemReg gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by MemReg as part of the Services as provided to you by MemReg (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by MemReg, in the manner permitted by the Terms.
    2. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by MemReg, in writing.
    3. Unless MemReg has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
  13. Content license from you
    1. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give MemReg a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling MemReg to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
    2. You agree that this license includes a right for MemReg to make such Content available to other companies, organizations or individuals with whom MemReg has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
    3. You understand that MemReg, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit MemReg to take these actions.
    4. You confirm and warrant to MemReg that you have all the rights, power and authority necessary to grant the above license.
  14. Software updates
    1. The Software which you use may automatically download and install updates from time to time from MemReg. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit MemReg to deliver these to you) as part of your use of the Services.
  15. Ending your relationship with MemReg
    1. The Terms will continue to apply until terminated by either you or MemReg as set out below.
    2. If you want to terminate your legal agreement with MemReg, you may do so by (a) notifying MemReg at any time and (b) closing your accounts for all of the Services which you use, where MemReg has made this option available to you. Your notice should be sent, in writing, to MemReg’s address which is set out at the beginning of these Terms.
    3. MemReg may at any time, terminate its legal agreement with you if:
      1. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms);
      2. MemReg is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);
      3. the partner with whom MemReg offered the Services to you has terminated its relationship with MemReg or ceased to offer the Services to you;
      4. MemReg is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
      5. the provision of the Services to you by MemReg is, in MemReg’s opinion, no longer commercially viable.
    4. Nothing in this Section shall affect MemReg’s rights regarding provision of Services under Section 4 of the Terms.
    5. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and MemReg have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 22.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
  16. EXCLUSION OF WARRANTIES
    1. NOTHING IN THESE TERMS, INCLUDING SECTIONS 11 AND 12, SHALL EXCLUDE OR LIMIT MEMREG’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
    2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
    3. IN PARTICULAR, MEMREG, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
      1. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
      2. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
      3. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
      4. THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
    4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEMREG OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
    6. MEMREG FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  17. LIMITATION OF LIABILITY
    1. SUBJECT TO OVERALL PROVISION IN PARAGRAPH 16.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MEMREG, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
      1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
      2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
        1. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
        2. ANY CHANGES WHICH MEMREG MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
        3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
        4. YOUR FAILURE TO PROVIDE MEMREG WITH ACCURATE ACCOUNT INFORMATION;
        5. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
    2. THE LIMITATIONS ON MEMREG’S LIABILITY TO YOU IN PARAGRAPH 17.1 ABOVE SHALL APPLY WHETHER OR NOT MEMREG HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
    3. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the MEMREG TITLE TRANSFER POLICY up to the full cost of the item (including any applicable sales tax) and its original shipping costs, (b) the total fees (under MEMREG Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (c) $100.
    4. You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of THESE TERMS, or your violation of any law or the rights of a third party.
  18. Copyright and trade mark policies
    1. It is MemReg’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.
  19. Advertisements
    1. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
    2. The manner, mode and extent of advertising by MemReg on the Services are subject to change without specific notice to you.
    3. In consideration for MemReg granting you access to and use of the Services, you agree that MemReg may place such advertising on the Services.
  20. Other content
    1. The Services may include hyperlinks to other web sites or content or resources. MemReg may have no control over any web sites or resources which are provided by companies or persons other than MemReg.
    2. You acknowledge and agree that MemReg is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
    3. You acknowledge and agree that MemReg is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
  21. Changes to the Terms
    1. MemReg may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, MemReg will make a new copy of the Universal Terms available at http://www.MemReg.com/BioPage/Terms_Policy.aspx?Index=0 and any new Additional Terms will be made available to you from within, or through, the affected Services.
    2. You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, MemReg will treat your use as acceptance of the updated Universal Terms or Additional Terms.
  22. General legal terms
    1. Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
    2. The Terms constitute the whole legal agreement between you and MemReg and govern your use of the Services (but excluding any services which MemReg may provide to you under a separate written agreement), and completely replace any prior agreements between you and MemReg in relation to the Services.
    3. You agree that MemReg may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
    4. You agree that if MemReg does not exercise or enforce any legal right or remedy which is contained in the Terms (or which MemReg has the benefit of under any applicable law), this will not be taken to be a formal waiver of MemReg’s rights and that those rights or remedies will still be available to MemReg.
    5. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
    6. You acknowledge and agree that each member of the group of companies of which MemReg is the parent or subsidiary shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
    7. The Terms, and your relationship with MemReg under the Terms, shall be governed by the laws of the State of Arizona without regard to its conflict of laws provisions. You agree that any claim or dispute you may have against MemReg must be resolved exclusively by a state or federal court located in the county of Maricopa, Arizona, except as otherwise agreed by the parties. Notwithstanding this, you agree that MemReg shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
MemReg Privacy Policy

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