USE OF THE SITE
LINKED WEB SITES
ADVERTISING DISCLOSURE, ACCURACY
LIMITATION OF LIABILITY
FORMAL DISPUTE RESOLUTION BY BINDING ARBITRATION
CHOICE OF LAW AND TIME TO BRING YOUR CLAIM
EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE
MODIFICATION OF TERMS
CONDUCT ON THE SITE
1. USE OF THE SITE
The Site is to be used by you for your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent from I Remember & Company LLC. ("I Remember & Company LLC" or the "Company") has been granted. You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless you obtain prior express written consent from I Remember & Company LLC, you agree that you will not through by any means interfere or attempt to interfere with the proper functioning of the Site. You agree that you will not provide to I Remember & Company LLC or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for I Remember & Company LLC.
The products are made available by I Remember & Company LLC on this Site are intended for personal use only. You may not assign, transfer, re-market, resell or otherwise dispose of, such products without obtaining I Remember & Company LLC 's prior written consent. I Remember & Company LLC may cancel or modify purchases on the Site if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on the Site, including Return & Exchange Policy, may apply to your purchase and are incorporated by reference herein.
You acknowledge and agree that you have read and consented to the terms of the I Remember & Company LLC Privacy Notice (note the active link to the Privacy Notice), which is incorporated by reference herein.
4. PROPRIETARY RIGHTS
This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of I Remember & Company LLC and other parties. No license or right to, or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of I Remember & Company LLC and other parties is granted to or conferred upon you. Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright laws. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted. The use of any material from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any I Remember & Company LLC trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other "hidden text" utilizing I Remember & Company LLC’s name, trademarks or other proprietary information.
5. USER FEEDBACK
You agree that all ideas, comments, suggestions or other information that you provide to I Remember & Company LLC regarding the Site or products provided on the Site (the "Feedback") shall be I Remember & Company LLC 's property, and may be copied and used by I Remember & Company LLC on a non-confidential and unrestricted basis, for any purpose commercial or noncommercial, without any compensation to you.
You agree that I Remember & Company LLC has no obligation to you but may monitor and review information you transmit over the Site. You agree that I Remember & Company LLC may censor, edit, remove or prohibit the transmission or receipt of any information that I Remember & Company LLC deems inappropriate or in violation of these Terms & Conditions, and use any such information as necessary to protect the Site and to protect the rights of I Remember & Company LLC. You agree that I Remember & Company LLC may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
7. LINKED WEB SITES
This Site may include links to other web sites. I Remember & Company LLC provides such links solely as a convenience to you and for informational purposes only. I Remember & Company LLC does not control these linked sites, all of which have their own separate privacy and data collection practices independent of I Remember & Company LLC. The inclusion of these links in no way indicates I Remember & Company LLC 's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. I Remember & Company LLC shall not be responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk. Other web sites may include links to this Site. The inclusion of such links does not indicate the other web site's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.
8. ADVERTISING DISCLOSURE, ACCURACY
The Site may contain technical inaccuracies or typographical errors or omissions. I Remember & Company LLC is not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and available quantities are subject to change without notice. I Remember & Company LLC reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.
SEE SECTION 15 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 8.
I Remember & Company LLC and any other providers of products or services on the Site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, I Remember & Company LLC and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry information, whether caused by you or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site.
SEE SECTION 15 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 9.
You agree that you use the site at your own risk. The Site and any related information, contents and/or materials are provided on an “As is” basis.
SEE SECTION 15 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 10.
11. LIMITATION OF LIABILITY
You agree that in no event shall I Remember & Company LLC, its agents, representatives or licensors be liable to you or any other party for any direct, indirect, punitive, incidental, special, exemplary or consequential damages arising out of any use of this site, inability to use or the performance or non-performance by I Remember & Company LLC, or any third party providers of products or services related to this Site or I Remember & Company LLC products or materials available from or purchased on this Site
SEE SECTION 15 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 11.
You agree to indemnify and hold I Remember & Company LLC and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of these Terms & Conditions or your violation of any law or the rights of a third party. I Remember & Company LLC 's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
SEE SECTION 15 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 12.
13. FORMAL DISPUTE RESOLUTION BY BINDING ARBITRATION
You may, in Arbitration, seek any and all remedies otherwise available to you pursuant to the law of the governing state. If you decide to initiate Arbitration, I Remember & Company LLC agrees to pay the Arbitration initiation fee and any additional required deposit required by JAMS to initiate your Arbitration. You and I Remember & Company LLC agree to pay the costs of the Arbitration proceeding provided however that if you are a consumer you shall not be required to pay more than $250.00 of the fees or such amount as the JAMS Rules may later prescribe. All other fees, such as attorneys’ fees and expenses of travel to the Arbitration, will be paid in accordance with JAMS Rules. The Arbitration will be held at a location in your home town area if possible, unless you and I Remember & Company LLC both agree to another location or telephonic Arbitration.
To initiate Arbitration, you or I Remember & Company LLC must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS [to your local JAMS office or to JAMS, 620 Eighth Ave., 34th Floor, New York, NY 10018]
(3) Send one copy of the Demand for Arbitration to the other party.
Special Rules in the Arbitration Proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither you nor I Remember & Company LLC shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER.
14. CHOICE OF LAW AND TIME TO BRING YOUR CLAIM
IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 15.
15. EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE
16. MODIFICATION OF TERMS
I Remember & Company LLC may at any time amend, modify or supplement any terms and conditions applicable to the Site, and continued use of the Site will constitute your acceptance of any such amendment, modification, or supplementation.
17. CONDUCT ON THE SITE
Some features on this Site may require registration. By registering at and in consideration of your use of the Site you agree to provide true, accurate, current and complete information about yourself. Some features on this Site may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify I Remember & Company LLC immediately. I Remember & Company LLC may assume that any communications I Remember & Company LLC receives under your password have been made by you unless I Remember & Company LLC receives notice otherwise.