Effective Date: March 1, 2020
This policy is incorporated into and made a part of our Terms of Service.
1. GDPR Compliance Statement: Pursuant to the terms of the EU General Data Protection Regulation (“GDPR”) and is the “Data Controller” with respect to all of the information collected from visitors to our Website and users of our Service. To ensure compliance with the GDPR, we have incorporated the following practices and procedures:
(a) We verify that the third parties with which we share User information are GDPR compliant;
(b) We ensure that data is stored in a manner that facilitates our ability to locate and delete information pertaining to a specific user upon request;
(f) If we modify any of the terms of this policy, we inform all of our Users; and
(g) We have appointed an internal Data Protection Officer who is responsible for overseeing our privacy and data protection procedures and will serve as the individual point of contact for information access and deletion requests.
2. Information We Collect. We collect two basic types of information from our Users:
(a) Personal Data:
(i) What is Personal Data? Personal Data is information that pertains to you specifically, and can help identify you as a person. We collect Personal Data from you whenever you complete a contact form on our website, including your name, email address, phone number, country, city, state, and zip code. You may also provide us with additional Personal Data in any email messages you send to us, or in the form of user forum posts or chats.
(ii) When and How do we collect it? We collect Personal Data from Users when: (1) they submit a contact form on our website; (2) initiate an online chat with us; or (3) submit a post to our User forum. In addition, when you visit our Website we will record your IP address and/or unique mobile device identifier. Under ordinary circumstances, an IP address recorded in isolation is not Personal Data under the standard definition of the term. However, it may become Personal Data when it is combined with other information, such as an email message.
(iii) How do we use Personal Data? We use Personal Data to communicate with you and respond to your requests. We may also use your email address to send you account related notices and promotional marketing materials. We use your IP address to identify your location in order to provide you with notices and other information that may be required by your local regulatory authority.
(iv) Where is Personal Data Stored? All Personal Data collected from Users outside and within the United States will be transferred and to and stored on the Amazon Cloud.
(b) General Information: General Information consists of information that is anonymous in nature and does not identify you as an individual. This includes your computer IP address, unique mobile device identifier, browser type, ISP or carrier name, and the URL of the last web page you visited before visiting our website. This information gives us insights on how our users use our site and our other products. We collect this information by using “cookies”, which are small bits of computer code that are transferred to your computer’s hard drive via a web browser, which enable us to record the general information described above. We use this information to ensure that our service continues to appeal to our users.
(ii) Where is General Information Stored? All General Information collected from Users outside and within the United States will be transferred and to and stored on servers located in the Amazon Cloud.
3. How We Share information. We will not share Personal Data with third parties for marketing purposes without your consent. We will share Personal Data with certain third parties in the following ways:
(a) Service Providers: We utilize the following third-party service providers to perform certain functions on our behalf and must share certain information (including Personal Data) with them in order for them to do so. However, the information that is shared is limited to that which is necessary to perform their specific functions:
(b) Law Enforcement: If requested or required by law enforcement authorities, courts, or regulators, we may disclose any information we have about our users. We also may disclose your Personal Data to exercise or protect legal rights or defend against legal claims.
(c) Bulk Asset Transfers: In some cases, we may choose to buy or sell assets. In these business transfers, customer information, including Personal Data, is typically one of the business assets that are transferred. Moreover, if all or substantially all of our business assets were acquired, or in the unlikely event that we go out of business or enter into bankruptcy, customer information (including your Personal Data), would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any assets may continue to be used according to your Personal Data as set forth in this policy.
(d) Other Third Parties: We may reserve and have the right to disclose any information about you or your use of our Service without your prior permission, if we in good faith believe that such action is necessary to protect and defend the rights, property or safety of our company or its affiliates, other Users of the Service or the public.
4. How We Protect Information. We use appropriate technical and organizational measures to protect the data we collect against unauthorized or unlawful access and against accidental loss, destruction or damage. We also limit access to User information to employees who reasonably need access to it in order to do their jobs. However, because no security system can be 100% effective, we cannot completely guarantee the security of any information we may have collected from or about you. In addition, we have no control over the security of other web sites that you might visit even when a link may appear to those web sites site from our Site. If you share your computer or use a computer that is accessed by the general public, remember to log off and close your browser window when you have finished your session.
5. How Long We Keep Information. We retain Personal Data and General Information for as long as necessary to fulfill a business purpose or comply with a legal request. We may also choose to anonymize certain elements of the information you provide to us so that it can no longer be attributed to you if we would like to retain it for longer periods of time. You may also request that we delete your information in the manner described in Section 6.
6. Your Options and Rights. We currently offer Users the following options with respect to the manner in which we collect, use, and maintain information, or to otherwise exercise their rights under applicable privacy statutes:
(a) All Users: You may request that we stop sending you non-account related emails by clicking the “unsubscribe” link that is included at the bottom of non-account related emails. You may also request that we delete the information we collected from and about you by contacting our Data Protection Officer. You may also request that we not share your Personal Data with one or more of the third parties we share it with. Be advised, however, that this may limit or prevent you from using our Website.
(b) EU Citizens: If you are an EU citizen, you may request that we provide you with (or delete) all the information we collected from and about you, or otherwise exercise your rights under the GDPR by contacting our Data Protection Officer. Data reporting and deletion requests will be processed free of charge within thirty (30) days.
(c) California Residents: Under the California Online Privacy Protection Act (“CalOPPA”), if you are a California Resident you may request information regarding the types of Personal Data we share with third parties for direct marketing purposes, and the identities of the third parties with whom we have shared such information during the immediately preceding calendar year. You may request further information about our compliance with CalOPPA by contacting our Data Protection Officer. Please note that under CalOPPA, we are only required to respond to one request per User each year, and we are not required to respond to requests made by means other than through requests submitted to our Data Protection Officer.
7. Tracking Technology and Do-Not-Track Requests. We employ certain applications that may enable us to track your online activities over time and across third-party web sites. We honor Do-Not-Track requests transmitted by Web browsers.
8. Children under 13. Our Website is not intended for users under the age of 18, and we do not knowingly collect any personal information from children under 18. If we become aware that a person submitting information is under 18, we will attempt to delete the information as soon as possible.
10. Questions. If you ever have any questions about this policy or the Personal Data and General Information we have collected please contact our Data Protection Officer. We respect your rights and privacy, and will be happy to answer any questions or concerns you might have.
Data Protection Officer Contact:
Effective Date: March 1, 2020
THIS IS A LEGALLY BINDING AGREEMENT.
We reserve the right to take any action we deem appropriate if we determine, in our sole and absolute discretion, that you have engaged in any of the prohibited activities described below, or otherwise violated these Terms. Such action may include cancelling your account, terminating your license to use the Website, or initiating civil or criminal legal proceedings. Any rights not expressly granted herein are reserved by the Website.
These Terms do not apply to any of the products or services we offer that are described on this Website (our “Services”). The specific terms relating to your use of any given Service and how we collect, store, and share any information from or about Users of that Service, are detailed on the Service’s website.
1.Website Description. The Website is intended to: (a) describe our company and its products; (b) enable Website visitors (“Visitors”) to contact us; and (c) enable us to interact with Visitors via live chat; and (d) Provide users of our Services (“Users”) with access to our customer forum. We reserve the right to modify or change the Website, or any portion thereof, and any applicable policies or terms at any time, without notice. We may also modify, suspend, interrupt or terminate operation of or access to the Website or any portion thereof, for any reason at any time, without notice.
2. End User License Agreement (EULA). We hereby grant you a revocable, non-exclusive, non-transferable, limited right and license to access and use the Website. The term of your license shall commence on the date that you visit the Website and will end if terminated by either you or us. We reserve the right to immediately terminate your license if you use the Website in breach of the terms set forth herein. We retain all right, title and interest in and to the Website, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and all other rights whether registered or not and all applications thereof. The Website is protected by applicable laws and treaties worldwide, and may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from us.
3. Age Restriction. The Website is not intended for minors under 18 years of age, and you may not register or use the Website if you are under 18. You hereby represent and warrant that you are at least 18 years of age.
4. License Prohibitions. You may not utilize the Website in any manner or for any purpose other than that for which it is intended. You are further prohibited from engaging in any of the following activity:
(a) Copying, creating a derivative work of, attempting to access the underlying code of the Website;
(b) Interfering with or disrupting the Website, or servers and networks connected to the Website;
(c) Reproducing, printing, storing, or distributing any content on the Website without our prior written permission;
(f) Using the Website to violate any law (whether local, state, national, or international); or
(g) Disseminating or transmitting any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies; or uploading software viruses or any other computer code, files, programs or other similar technologies designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
6. User-Submitted Content. The Website offers interactive chat functionality, discussion forums, or other interactive features in which you may submit information and post or upload user-generated content, comments, video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Further, you agree that any User Content you upload, post, or otherwise transmit will be truthful and accurate, and will not:
(a) Defame, harass, stalk or threaten others;
(b) Include expressions of bigotry, racism, offensive content, hate speech, abusiveness, vulgarity or profanity;
(c) Contain pornographic or sexually explicit content, or be considered obscene, lewd, or otherwise inappropriate;
(d) Violate or encourage the violation of any rule, regulation, or statute;
(e) Contain threats of violence, or any other threat to personal or public safety; or
(f) Infringe upon any third-party copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right.
7. Consent to communicate with the company and its agents
This consent confirms the fact of your acceptance of the terms of communication with our company, our employees, and agents, as well as third parties to whom the right to appropriate communication may be delegated. The above-mentioned persons can communicate with you in any way of their choice and at any time, 24/7.
Ways to communicate with you are (listed below, but not limited to)
(a) By automated dialing.
(b) By automatically sending pre-prepared SMS-messages, which may include personalized promotional or discount offers, as well as network promotions and discounts that have not been adapted to a specific subscriber.
(c) By automatically sending pre-prepared MMS-messages, which may include personalized promotional or discount offers, as well as network promotions and discounts that have not been adapted to a specific subscriber.
(d) By automatically sending pre-prepared audio/video-messages, which may include personalized promotional or discount offers, as well as network promotions and discounts that have not been adapted to a specific subscriber.
This communication consent is valid regardless of the presence of your telephone number on any state, federal or corporate «Do Not Call» list.
This consent contains restrictions that do not allow us to send subscribers more than 60 SMS-messages per month
This communication consent is valid for 36 months from the date of its adoption. In turn, this consent is automatically prolonging for another 36 months after its expiration, on the principle of tacit consent, unless you have notified us about the desire to revoke this consent / written refusal to automatically prolongate the consent/application for revocation (withdrawal of consent).
This permission may be terminated at any time by notifying us of your desire to terminate this consent.
SMS communications work with the following carriers: AT&T®, Sprint®, Boost®, Verizon Wireless®, U.S. Cellular®, Cellular One®, and T-Mobile®, MetroPCS®. Msg&Data Rates May Apply.
To receive assistance, the subscriber must write an SMS "HELP" in response to the received SMS. SMS-message «STOP» is considered an appropriate message about the desire to revoke this permission.
T-Mobile® is not liable for delayed or undelivered messages.
8. Copyright. We respond to properly submitted notices of alleged copyright infringement that comply with applicable law. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Websites is:
Attention: Copyright Agent
Address: 200 Continental Drive, Suite 401, Newark, Delaware, US
We reserve the right to remove any content alleged to be infringing without prior notice, at our sole discretion, and without liability to you, and/or to terminate your account if it is determined that you knowingly posted infringing content.
9. Assumption of Risk & Limitation of Liability. You expressly agree to assume any and all risks that may be associated with using our Website. In no event shall we be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from your use of any element of the Website, including without limitation to losses incurred due to: (a) any monetary loss; (b) software glitches, server failures, power outages, or any other issue beyond our control; (c) any delays in or failure of the Website to operate as described; (d) any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from the submission of User Content; or (e) any unauthorized disclosure of account information that may occur through the actions of any third party, such as hackers.
10. Indemnification. You agree to defend, indemnify and hold us, together with its officers, directors, employees and agents, harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Website caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Website.
11. No Warranty. We make no representation or warranty that: (a) the Website will be free of errors, bugs, or glitches, or that any such error, bug, or glitch will be corrected; (b) servers that house the Website are free of viruses or other malicious code; and (c) your use of the Website is in compliance with the Terms of Service of any third party, including, without limitation, third party social media services. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER. WE PROVIDE NO WARRANTIES WHATSOEVER REGARDING ACCURACY, RELIABILITY, OR DELIVERY, AND HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.
12. Arbitration Agreement. THIS SECTION INCLUDES A WAIVER OF YOUR RIGHTS. You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Website. Therefore, you agree that, by using the Website, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated. This agreement to arbitrate includes, but is not limited to, any dispute, claim or controversy arising out of or relating to your use of the Website. Any such dispute shall be determined by arbitration to be held in Palo Alto, California before one arbitrator. Any party to an arbitration proceeding may appear remotely by telephone or Internet. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
13. Choice of Law; Forum. You agree that the Website shall be deemed based in California, USA, and is housed on a passive server that does not give rise to personal jurisdiction over our website, either specific or general, in any jurisdiction other than California. This document shall be governed in all respects by the laws of the State of California, without regard to conflict of law rules. Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in Palo Alto, California. For any matters not subject to mandatory arbitration, you agree to submit to the personal jurisdiction of the courts located within Santa Clara County, CA for the purpose of litigating all such claims or disputes. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
14. Limitation of Actions. Any claim or cause of action arising out of your use of the Website must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of these Terms or any related right shall not constitute a waiver of that right or provision.
15. Modification and Notice of Changes. We reserve the right to change, modify, add, or remove any element of the Website and portions of these Terms, without advance notice to you. We will notify you of any changes to these Terms by posting a notice on the Home page of our website. Except as stated elsewhere, such amended terms will be effective immediately and without further notice. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes.
17. For Residents of Certain States.If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
If you have any questions or concerns with respect to these Terms, please contact us via our contact form or email us at:
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All Affiliate advertising must NOT include content that is deceptive, misleading, untruthful, unsubstantiated, or otherwise fails to comply with applicable federal and state consumer protection laws, regulations, and guidelines. All affiliates (regardless of their country of domicile) MUST be in compliance with all applicable laws, regulations, and guidelines, including without limitation the Federal Trade Commission Act (“FTC Act”), the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”), Federal Trade Commission (“FTC”) regulations and guidelines implementing the FTC Act and the CAN-SPAM Act, the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (“FTC Testimonials Guide”), the National Advertising Division decisions of the Better Business Bureau, and other federal and state consumer protection laws, regulations, and guidelines.
Affiliates are NOT permitted to use ANY of MemoSurge before and after photos, or user testimonials in their promotions. Affiliates may not bid on “MemoSurge” based keywords, use the term “MemoSurge” in any pay per click ads, use any terminology in ads or landing pages that are similar to ‘scam’ or ‘fraud’, or create customer incentives for purchasing MemoSurge (through cash rebates or 3rd party bonus offers – NO BONUSING!).
Affiliates must also NEVER use any full or part of images or videos (including our sales and promotional video) that they do not own (unless given permission by this website), and are forbidden from using any imagery that would imply any personal endorsement (celebrity or otherwise) without written consent from both the individuals making the endorsement and MemoSurge.
Affiliates must NEVER link directly to our checkout pages, our discounted checkout page, nor the discount sales page. All affiliate traffic must pass through our website. Affiliates must never attempt to sell our product at a discount. This includes creating discount offer pages linking directly to the checkout. Any affiliate caught doing this practice will be blacklisted immediately. All affiliate traffic MUST come through our sales page.
Affiliates are forbidden from creating web pages, social media pages or accounts that falsely represent themselves as the creators or owners of MemoSurge product and must make it clear that the page is a review page. It is strictly forbidden to create apps for sale or for giveaway using MemoSurge brand. You are also not allowed to create any other products using our brand name, for sale or for giveaway (in other words – no free reports, books, workouts, or apps branded with our brand name whatsoever). In short, do not represent a product created by you or someone hired by you as ours.
You are not allowed to promote MemoSurge on retail sites, auction sites, or app stores such as Amazon, eBay, Google Store, iTunes, or any other site that falls into these categories, in any way, shape, or form (this includes products created by you or by us). As well, selling products branded with MemoSurge brand on Craigslist, Kijiji, or any other classified ad network is forbidden.
Affiliate agrees to indemnify, defend and hold harmless MemoSurge from any lawsuits, investigations, claims, or complaints arising from any such violation or alleged violation of the terms above. MemoSurge shall not be responsible to approve any Affiliate Ads. Compliance is solely with the Affiliate and the Affiliate represents and warrants that it shall have legal review of all Affiliate Ads for all necessary and required compliance. Affiliates take full responsibility for their advertising.
Any affiliate caught breaking any of these terms will be banned immediately without hesitation, and will not be eligible for reinstatement.
We hope that you’ll absolutely love our products.
For every order you place with us, you are fully protected by a 60 day 100% money-back return policy.
Here’s how it works:
If for any reason you are dissatisfied at any time during the 60 days after purchase, simply send us the product back by mail to the address you’ll find below.
Once we receive your product, we’ll start processing your refund which will take between 3 to 5 days.
To be eligible for a refund, your refund request should come no later than 60 days after we shipped your product to you. You can find the date on the package when you receive it or inside your confirmation email.
Send your product return by mail to:
19655 E. 35th Dr. #100, Aurora, CO 80011
Please keep in mind that we do not support the return shipping costs.
Follow these steps to get a refund:
Finally, and this is totally optional and at your discretion, we sure would appreciate it if you would include some explanation for why you’re requesting a refund, so we can work to make the product better.
We want you to be completely satisfied and we appreciate your feedback.
If you have any questions about the product, contact us at [email protected] and we’ll get back to you in less than 24 hours.