Terms and conditions of use policy
Updated April 22, 2020
Welcome to MemoryCare’s website and online services (“MemoryCare Site” or the “Site”), an online information and communications service provided by MemoryCare. This policy is intended to cover the uses for all of the Site, although additional conditions, restrictions and privacy policies may apply.
Health care disclaimer
The content, products and services offered herein are here to educate consumers on health care and medical issues that may affect their daily lives. Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This site and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. None of the products or services offered through this website represents or warrants that any particular service or product is safe, appropriate or effective for you. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.
Intended for users 18 and older
The Site is intended for use by individuals 18 years of age or older. This website is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this site.
You agree that you will not:
- Upload or transmit any communications or content of any type that may infringe or violate any rights of any party
- Use this website for any purpose in violation of local, state, national or international laws
- Use this site as a means to distribute advertising or other unsolicited material to any third party
- Use this website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity
- Attempt to disable, “hack” or otherwise interfere with the proper functioning of this website
If you use any part of the Site requiring secure access, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
We reserve the right to reject any order you place with us, or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the email address you gave us when you placed the order.
Termination of use
MemoryCare may, in its sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination.
MemoryCare reserves the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice.
Blogs and interactive media
If you use blogging features or otherwise post information to a Site, you give MemoryCare the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from and otherwise use your submission for any purpose, in any form, and on any media.
If you use blogging features or otherwise post information to the Site, you agree you will not:
- Post material that infringes on the rights of any third party, including intellectual property, privacy or publicity rights
- Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by MemoryCare in its sole discretion
- Post advertisements of solicitations for business
- Post chain letters or pyramid schemes
- Impersonate another person including but not limited to a spouse, child or sibling
- Allow another person to use your credentials for posting or viewing comments
- Post the same note more than once or “spam”
MemoryCare reserves the right (but is not obligated) to do any or all of the following:
- Terminate a user’s access to the entire Site or specific features such as the blog
- Edit or delete any communications posted on the blog features, regardless of whether such communications violate these standards.
One-time charges. A valid credit card number, expiration date and card security code is required for all purchases. If we are unable to charge the full cost of your purchase to the credit card you provide, we may cancel your order or request an alternate form of payment. MemoryCare’s designated credit card processor will collect your credit card information and related personal information for its use in processing your payment for the products or services ordered by you. Any complaints or grievances regarding the processing of your payment should be addressed to MemoryCare at the contact information given below. You understand that the prices for products and services may be changed from time to time, but that the website will reflect current prices.
Responsibility for charges and fees. You are solely responsible for all charges and applicable fees (including delivery charges, taxes and any fees assessed by your bank) associated with your order.
You agree that you will indemnify MemoryCare against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to materials you have posted or other actions taken by you on the Site.
The mark “MemoryCare” and the MemoryCare logo are trademarks and/or service marks of MemoryCare. The content and design of MemoryCare Site is protected by U.S. and international copyright laws. You may not copy, reproduce, republish, upload, post, display, transmit or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display and print a single copy of these materials on a single computer for personal, noncommercial use only, so long as: you do not alter or modify the materials in any way; you include all applicable notices and disclaimers (including copyright notices); and you do not use the materials in a way that suggests an association with MemoryCare. You understand and agree that title to these materials shall not pass to you or any other user.
YOU UNDERSTAND AND AGREE THAT MEMORYCARE SITE AND ANY SERVICES, CONTENT OR INFORMATION CONTAINED ON OR PROVIDED BY MEMORYCARE SITE IS PROVIDED ON AN “AS IS” BASIS. MEMORYCARE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE. IN ADDITION, MEMORYCARE DOES NOT GUARANTEE THAT USE OF MEMORYCARE SITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES OR WORMS, AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.
Errors on MemoryCare Site
Content, prices, and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and MemoryCare reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, MemoryCare will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with the Site’s return policy.
Limitations of liability
THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL MEMORYCARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Links to third party websites
The Site contains links to other sites operated by third parties. These links are available for your convenience and are intended only to enable access to these Third Party Sites and for no other purpose.
You agree that any dispute or claim (including personal injury claims) related to your use of the MemoryCare Site is subject to the exclusive jurisdiction of the appropriate court in the state in which your care was originally given on-site by MemoryCare, or at which care was requested, and will be adjudicated pursuant to the laws of that state. This agreement also applies to anyone claiming on your behalf.
If you have any questions about the Service, please contact us at firstname.lastname@example.org