By using the MemberMan service (the "Service"), you (collectively "you" or "Customer") are agreeing to be bound by the following terms and conditions ("Terms of Service").
MemberMan LLC (the "Company") reserves the right to update and change these Terms of Service without notice.
Violation of any of the terms below may result in the termination of your account.
- You are responsible for maintaining the security of your account and password. The company cannot and will not be liable for any loss or damage from your failure to comply with the security obligation.
- You are responsible for all content posted an activity that occurs in your account (even when your content is posted by others who have their own logins under your account).
- You may not use this Service for any illegal purpose or to violently loss in your jurisdiction (including but not limited to copyright laws).
- You must provide your legal full name, valid email address, and any other information requested in order to complete the sign-up process.
Customers may access their Service data via the Application Program Interface ("API"). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account's access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. The Company will make a reasonable attempt via email to warn the account owner prior to suspension.
Payment, Refunds, Upgrading, and Downgrading
- MemberMan is a paid service with a free trial period. If you want to continue to use the Service after the end of your free trial period, you'll need to pay for it. Payments are made in advance for additional usage. If you fail to pay or if your payment is declined your account may be frozen and inaccessible until payment is made.
- The Service is billed "per Admin". An Admin is a user of your account to whom you have granted Admin privileges.
- If you upgrade or downgrade your plan level, or if you add or remove Admins, we will prorate the cost of the new plan. Upgrading to a more expensive plan will result in a prorated charge, and downgrading to a less expensive plan will result in a prorated refund.
- Downgrading your Service may cause the loss of features or capacity of your account. The Company does not accept any liability for such loss.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. Where required, The Company will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.
- Refunds are provided on a case-by-case basis.
Cancellation and Termination
- You are solely responsible for terminating your account. You can request cancellation by emailing firstname.lastname@example.org. We may require you to validate your identity before cancellation is completed.
- Your information will become inaccessible at the end of your current billing period, and you will not be charged again. You may continue to access the Service until the end of the current billing period, after which your information will become inaccessible. It will remain on our servers for a period of at least 30 days after the last day of your final billing period. If you change your mind within 30 days we can recover your account. After the 30-day retention period your information will be removed and will become permanently inaccessible.
- The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
- Prices of all Services are subject to change upon 30 days notice from us. We will notify you via email if the price of your plan will be changing.
- The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- All Intellectual Property owned by MemberMan LLC shall remain the exclusive property of MemberMan. Customer agrees that MemberMan LLC will retain sole ownership of all Intellectual Property even if enhancements suggested or requested by Customer become incorporated into the Services. You are not permitted to use MemberMan's Intellectual Property without our prior written consent or as expressly provided in this Agreement.
- All content posted on the Service must comply with U.S. copyright law.
- We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours.
- We reserve the right (but not the obligation) to remove or to refuse to remove any content that is available through the Service.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is provided via email and live chat during regular business hours (US Central time).
- You understand that the Company uses third party vendors to provide the necessary hardware, software, networking, storage, payment services, and related technology required to run the Service.
- You must not modify, adapt or hack the Service.
- You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
- You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- You retain ownership over all content that you submit to your Service account, however, by making your account public, you agree to allow others to view your content.
- The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to email@example.com.
- Company reserves the right to assign this Terms of Service or any part thereof without restrictions.
- Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
This User Agreement constitutes all the terms and conditions agreed upon between you and Company and supersedes any prior agreements, whether written or oral. Any additional or different terms or conditions in any written or oral communication from you to Company are void. You agree and accept that you have not accepted the terms and conditions of this User Agreement in reliance of or to any oral or written representations made by Company not contained in this User Agreement.
Should for any reason or to any extent any provision of this User Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this User Agreement and the application of that provision shall be enforced to the extent permitted by law.
Governing Law and Disputes
This Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, USA.