Terms of Use Agreement

Agreement to Terms

This Terms of Use Agreement (“Agreement”) is between you and MemoGenesis (the “Company”). This Agreement, together with any documents it references, governs your access to and use of the Company’s website located at thememogenesis.org, including any content, features, tools, and services offered on or through the website (collectively, the “Website”).

Please read this Agreement carefully before using the Website. By accessing or using the Website—or by clicking to accept this Agreement when presented—you confirm that you understand and agree to be bound by this Agreement and by the Company’s Privacy Policy, available at https://thememogenesis.org/privacy. If you do not agree with any portion of this Agreement or the Privacy Policy, you must not access or use the Website.

The Website is intended for individuals who are 18 years of age or older. By using the Website, you represent and warrant that you are at least 18 and that you have the legal capacity to enter into a binding agreement. If you do not meet these requirements, do not use the Website.

Modifications to the Terms

The Company may update or change this Agreement at any time, in its sole discretion. Any changes are effective immediately when posted on the Website and apply to all access and use thereafter.

However, changes related to dispute resolution will not apply to disputes for which the parties have already received notice before the updated terms were posted.

Your continued use of the Website after changes are posted means you accept the updated Agreement. You should check this page periodically to stay aware of current terms.

Access and Account Security

The Company may update, change, suspend, or discontinue any part of the Website (including any content, features, or services) at any time, with or without notice. The Company is not responsible if all or any part of the Website is unavailable for any reason, at any time, or for any period.

From time to time, the Company may restrict access to parts of the Website—or to the entire Website—including access for registered users.

You are responsible for:

  • Making all arrangements necessary for you to access the Website.

  • Ensuring that anyone who accesses the Website through your internet connection is aware of this Agreement and complies with it.

Certain features may require you to provide registration information or other details. As a condition of using the Website, you agree that the information you provide will be accurate, current, and complete. Any personal information submitted through the Website is handled in accordance with the Privacy Policy, and by using the Website you consent to the Company’s collection and use of your information as described there.

If you choose (or are provided) a username, password, or any other credential, you must treat such information as confidential and not disclose it to any other person or entity. You acknowledge that your account is personal to you, and you agree not to provide any other person access to the Website or portions of it using your credentials.

If you believe your credentials have been compromised or accessed without authorization, you must notify the Company promptly. You should also log out at the end of each session, especially on public or shared devices.

The Company may disable any username, password, or other identifier at any time if, in its reasonable opinion, you have violated this Agreement.

Consent to Communication

By using the Website or purchasing products/services through the Company, you agree that the Company (and its service providers) may contact you via phone calls and text messages (SMS/MMS) for purposes such as order updates, customer support, product information, and occasional promotional messages, where permitted by law.

Your information will be handled according to the Privacy Policy. If you want to change or withdraw your consent, you may contact customer support.

Signing Up for Text Messages

The Privacy Policy is incorporated into this Agreement by reference. Please review https://thememogenesis.org/privacy for details about how the Company collects, uses, and shares information.

By opting in to receive text messages, you agree to these SMS terms, the Company’s Privacy Policy, and this Agreement. You acknowledge that the Company may use automated or non-automated technologies to send transactional, informational, and occasional promotional messages.

You understand that you are not required to opt in to text messages as a condition of purchasing any Company products or using its services.

No Costs for Text Messages

The Company does not charge for its text messaging program. However, message and data rates may apply depending on your mobile plan and carrier. Your carrier is not responsible for delayed or undelivered messages.

Frequency of Text Messages

You may receive an initial message confirming order processing and shipping. After that, message frequency may vary based on your interaction with the Company and the types of messages you opted into.

For shipping updates, the Company typically sends an order confirmation and a shipping confirmation. If items remain in your cart, you may receive up to three reminders about the promotion, after which promotional items may be removed from your order. Message frequency can also depend on whether your actions trigger additional updates.

Opting Out of Text Messages

To stop receiving text messages, reply STOP to any message. To request help, reply HELP. After opting out, you may receive a confirmation message.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL THE COMPANY, ITS AFFILIATES, PARENTS, SUBSIDIARIES, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE WEBSITE, INCLUDING ANY MESSAGING, BLOGS, USER COMMENTS, BOOKS, EMAILS, PRODUCTS, SERVICES, OR THIRD-PARTY MATERIALS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of certain damages. Where such limitations are not permitted, the Company’s liability will be limited to the fullest extent allowed by applicable law.

You specifically acknowledge that the Company is not responsible for the defamatory, offensive, or illegal conduct of any user or third party. If you are dissatisfied with the Website, any materials, products, or services, or with any of these terms, your sole remedy is to discontinue use.

Website Under Development

The Website may be updated, modified, or improved over time. The Company makes no guarantee that the Website will be complete, error-free, or suitable for any particular purpose.

Health & Wellness Content Disclaimer

The Website may include information related to health, wellness, fitness, or nutrition. Such information is provided for general educational purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment.

Always seek advice from a physician or qualified health-care provider regarding any medical condition or health concern. Do not disregard or delay seeking medical advice because of information you read on the Website. Use of any information provided through the Website is solely at your own risk.

Nothing on the Website is intended to be, or should be interpreted as, the practice of medicine, counseling, or any other regulated professional service, including (without limitation) psychiatry, psychology, psychotherapy, diagnosis, prognosis, or treatment advice.

Termination

The Company may suspend or terminate your access to the Website (or any portion of it) at any time, with or without notice. After termination, you are no longer authorized to access the affected portion of the Website.

Any restrictions on your use of the Website, and any disclaimers and limitations of liability, will survive termination.

Refund Policy

Refund eligibility depends on the specific product, service, event, or offer and will be described on the relevant order page, receipt, or sales terms provided at purchase. If a refund policy is presented for a product, that posted policy controls.

Anti-Spam Policy

The Company may collect personally identifiable information (such as name, address, email, phone number, and other relevant details) when voluntarily provided by visitors. This information may be used for purposes including:

  • Operating, maintaining, improving, and promoting the Company’s services.

  • Marketing through email and SMS, advertising, customer support, fraud prevention, and related business activities.

  • Delivering purchased products/services and ensuring compliance with this Agreement.

The Company does not share your personal information with third parties without permission, except as necessary to fulfill a service or offer you have accepted or as described in the Privacy Policy. You may unsubscribe from marketing emails using the opt-out link included in each email.

Spam generally refers to unsolicited, bulk, or indiscriminate messages, typically sent for commercial purposes. If the Website includes any functionality that allows users to message others, you agree not to use it to send spam, unsolicited promotions, or bulk messages.

If you believe you have received an unsolicited message from the Company or through its systems, please contact the Company using the contact information below so the matter can be reviewed.

Intellectual Property

The Website and its entire contents, features, and functionality—including text, graphics, images, videos, audio, software, and design—are owned by the Company or its licensors and are protected by intellectual property laws.

You may use the Website only for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website except as permitted by this Agreement or with the Company’s written permission.

If the Company provides downloadable applications, you may download a single copy for personal use, subject to any applicable end-user license terms.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with this Agreement. You agree not to:

  • Violate any applicable law or regulation.

  • Exploit, harm, or attempt to exploit or harm minors.

  • Send or facilitate any unsolicited promotional material (“spam”), chain letters, or similar solicitations.

  • Impersonate the Company, Company staff, another user, or any other person or entity.

  • Interfere with or disrupt the Website, or introduce viruses, trojans, worms, logic bombs, or other harmful material.

  • Attempt to gain unauthorized access to the Website, servers, or databases connected to the Website.

  • Use any automated means (e.g., bots, scrapers) to access the Website without the Company’s permission.

Disclaimer of Warranties

The Website is provided on an “AS IS” and “AS AVAILABLE” basis. The Company makes no warranties of any kind, express or implied, regarding the Website, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Website will be error-free, uninterrupted, secure, or free of viruses.

You are responsible for implementing safeguards to protect your devices and data, including using appropriate virus protection.

Indemnification

You agree to indemnify, defend, and hold harmless MemoGenesis (the “Company”) and its affiliates, officers, directors, employees, agents, and service providers from and against any claims, liabilities, damages, judgments, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your misuse of the Website.

Governing Law and Jurisdiction

This Agreement is governed by the laws of the State of Michigan, USA, without regard to conflict-of-law principles. Any legal disputes will be resolved in the courts located in Michigan, unless the parties agree to resolve the dispute through arbitration.

Entire Agreement

This Agreement, together with the Privacy Policy and any applicable Terms of Sale, constitutes the entire agreement between you and MemoGenesis regarding your use of the Website and supersedes any prior or contemporaneous understandings or agreements.

Feedback

Any feedback, comments, or suggestions you provide about the Website or the Company are non-confidential and may be used by MemoGenesis without restriction and without compensation to you.

Contact Information

For any questions, feedback, or support, please contact us at support@memogenesis.com.

Note: This paraphrased version maintains the original meaning and intent while rephrasing the content to avoid plagiarism and better fit the cognitive support niche for MemoGenesis.