Effective Date: January 1, 2021

These Terms of Use (“Terms”) cover and govern your use and access to the websites, services, and applications (collectively, the “Services”) provided to you by ProActive Memory Services, Inc. (“PAMS” “we”, “us”, or “our”). Our Privacy Policy, available here, explains how we collect and use personal information that you provide to us when you use or access the Services.

BY USING OUR SERVICES, YOU’RE AGREEING TO USE THE SERVICES IN ACCORDANCE WITH THESE TERMS, AND TO REVIEW OUR PRIVACY POLICY. PLEASE ALSO NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR DISAGREE WITH HOW WE COLLECT OR USE YOUR INFORMATION, YOU SHOULD AND MAY NOT ACCESS OR USE THE SERVICES. BY USING OR ACCESSING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE.

THE INFORMATION MADE AVAILABLE ON THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION MADE AVAILABLE THROUGH THE SERVICES. IF YOU THINK YOU MAY HAVE HAD A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. PAMS DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICES. RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICES IS AT YOUR OWN RISK.

1. LICENSE GRANT

These Terms provide to you a personal, revocable, limited, non-exclusive, and non-transferable license to use the Services conditioned upon your continued compliance with these Terms. PAMS reserves all rights not granted in the Terms.

2. YOUR CONTENT & YOUR PERMISSIONS

When you use our Services, you may provide us with content, such as demographic information, symptom information, files, messages, photos, videos, etc. (“Your Content”). You represent that you have all necessary right, power, and authority to use the Services and share Your Content and will comply with all applicable laws when doing so. Any of Your Content will be considered non-confidential and non-proprietary. By providing any of Your Content on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. Notwithstanding the foregoing, to the extent Your Content contains any personal information, our use and disclosure of such personal information will be governed by our Privacy Policy. We are not responsible, or liable to any third party, for the content or accuracy of any of Your Content posted by you or any other user of the Services, and you release us from any privacy, publicity, intellectual property infringement or other claims arising out of our use of Your Content.

3. ACCEPTABLE USE GUIDELINES

By using the Services, you agree to do so responsibly and to not misuse the Services or help anyone else do so. This includes, but is not limited to, not doing or trying to do any of the following in connection with the Services:

  • store, transmit or create libelous, obscene, deceptive, defamatory, pornographic, racist, sexual, hateful, unlawful, tortious or otherwise objectionable content (except as necessary for legitimate purposes, but in all cases in compliance with applicable laws and regulations);
  • modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law;
  • harm, harass, threaten, or impersonate any person or violate the rights of any third party;
  • probe, scan, or test the vulnerability of any system or network;
  • interfere with or disrupt the integrity or performance of the Services;
  • attempt to gain unauthorized access to the Services or its related systems or networks;
  • introduce viruses, Trojan horses, worms, spyware, or other such malicious code into the Services;
  • breach or otherwise circumvent any security or authentication measures;
  • access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to;
  • access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
  • send unsolicited communications, promotions or advertisements, or spam;
  • send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  • promote or advertise products or services other than your own without appropriate authorization;
  • sell or re-sell the Services unless specifically authorized to do so;
  • copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of the Services unless specifically authorized to do so;
  • provide us with any individually identifiable health information that is subject to the Health Insurance Portability and Accountability Act;
  • remove or destroy any copyright notices or other proprietary markings contained on or in the Service; or
  • violate the law in any way, including by storing, publishing or sharing material that is infringing, fraudulent, defamatory, misleading, or damaging to PAMS in any way.

4. YOUR RESPONSIBILITIES

You are responsible for providing all equipment necessary to access the Services and are responsible for all fees incurred when accessing the Services. Additionally, you’re responsible for your conduct and Your Content and your compliance with these Terms. Content in the Services may be protected by others’ intellectual property rights. You therefore agree that you won’t copy, reproduce, create derivative works of, decompile, upload, download, share, or otherwise exploit third party content unless you have the right to do so. We may review your conduct and content for compliance with these Terms and remove content from the Services at any time and without notice. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Services. You agree also to safeguard your password to the Services, make sure that others don’t have access to it, and keep your account information current.

5. THIRD PARTY WEBSITES

The Services may contain links to third-party websites that are not under our control. We are not responsible for such third-party websites.

6. OUR PROPERTY

The Services are either owned or licensed by us and are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services or others’ content in the Services. We welcome feedback but note that we may use comments or suggestions without any obligation to you.

7. INFRINGEMENT

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged infringement after receipt of a proper notice that complies with the law and is received by our designated agent. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. If you believe that any content in the Services in a way that constitutes infringement, please provide our designated agent with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the rights owner;
  2. a description of the content you claim is being infringed;
  3. a description or link to the location of the material claim is infringing;
  4. your physical address, telephone number and e-mail address;
  5. a statement that you have a good faith belief that the content is not authorized by the rights owner, its agent or the law;
  6. a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on behalf of the owner.

Contact information for PAMS’ designated agent for notice of claims of infringement is as follows: Norman L. Foster, MD. 1-(385)-212-4425. PAMS may also take any appropriate action in the event it receives a proper counter-notice under the law. PAMS may also take any appropriate action in the event it receives a proper counter-notice under the law.

8. TERMINATION & RIGHT TO SUSPEND

You’re free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services and remove Your Content if you’re not complying with these Terms, or using the Services in a manner that may cause us legal liability, disrupt the Services, disrupt others’ use of the Services or, in our sole opinion, reason, cause harm. All provisions of these Terms, which by their nature should survive, will survive termination of the Services.

9. SERVICES “AS IS”

PAMS AND ITS PARTNERS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” IN ADDITION, WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ANY CONTENT DOWNLOADED OR ACCESSED FROM THE SERVICES IS ACCESSED AT YOUR OWN RISK.

10. LIMITATION OF LIABILITY

YOU EXPRESSLY ABSOLVE AND RELEASE PAMS FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND PAMS’ CONTROL. YOU FURTHER AGREE THAT IN NO EVENT SHALL PAMS AND ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, OR ANY LOSS OF USE, DATA BUSINESS, OR PROFITS. THIS WILL BE REGARDLESS OF WHETHER OR NOT PAMS OR ANY OF ITS PARTNERS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, PAMS AND ITS SUPPLIERS WILL NOT BE LIABLE TO YOU FOR MORE THAN ANY AMOUNTS RECEIVED BY PAMS FROM YOU AS A RESULT OF YOUR PERSONAL USE OF THE SERVICES IN THE 12 MONTHS PRECEDING YOUR CLAIM. IF YOU HAVE NOT PAID INDIVIDUALLY ANY AMOUNTS IN THE 12 MONTHS PRECEDING YOUR CLAIM, PAMS’ SOLE AND EXCLUSIVE LIABILITY SHALL BE NO MORE THAN $50. MOREOVER, PAMS SHALL NOT BE LIABLE FOR THE LOSS OR FAILURE TO STORE YOUR CONTENT, AND YOU UNDERSTAND AND AGREE THAT BY USING THE SERVICE, YOU AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION RELATED TO USE OF THE SERVICES OR BREACH OF THESE TERMS.

11. CONTROLLING LAW

These Terms and your use of the Services will be interpreted, governed and construed by the laws of Utah law except for its conflicts of laws principles, unless otherwise agreed in a separate written agreement with PAMS or as required by a mandatory law of a competent jurisdiction.

12. ENTIRE AGREEMENT

These Terms set forth terms governing your use of the Services and supersede and replace any other prior or contemporaneous agreements applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights. These Terms shall inure to the benefit of PAMS and its respective legal representatives, successors, and assigns.

13. WAIVER, SEVERABILITY & ASSIGNMENT

Our failure to enforce a provision is not a waiver of its right to do so later. You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

14. MODIFICATIONS

We may revise these Terms from time to time and will always post the most current version at www.memorycarepartner.com. If we make material changes to these Terms, we will notify you via the Services and/or by email to the address associated with your account. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by and subject to the revised Terms of Use.

15. NOTICES

For any notices relating to these Terms, you may contact PAMS by sending an email to contact@memorycarepartner.com.

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