MemoryHealthCheck Terms of Service

Last Modified: April 5, 2016

Welcome to MemoryHealthCheck! MemoryHealthCheck is created by MyBrainTest.org (“MyBrainTest” or “we”). These Terms of Service (“TOS”) govern the use of MemoryHealthCheck online at MemoryHealthCheck.com and on mobile devices (collectively, “MemoryHealthCheck”).

These TOS represent a binding contract between you and MyBrainTest, and by creating an account or otherwise accessing the site, you expressly agree to be bound by them. The TOS incorporate the provisions of the Privacy Policy, so please review them carefully as well. If you do not agree to be bound by the TOS, you may not use MemoryHealthCheck.

Your Account Information and Email

MemoryHealthCheck provides a personalized content and interactive experience. When you create an account, we require you to provide information about yourself, including your email address and a password (“Account Information“).

Some MemoryHealthCheck features either now or in the future may allow you to post or submit content and materials for publication on MemoryHealthCheck (“Your Content”). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer MemoryHealthCheck or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.

You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers and other matters.

You may choose to opt out of much of this email correspondence by using the links at the bottom of our emails.

Please note that even if you opt out, we will send account-related emails, such as purchase confirmation and password reset emails.

Intellectual Property

MemoryHealthCheck is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store MemoryHealthCheck content in any form outside of MemoryHealthCheck and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any MemoryHealthCheck content. You agree that all data and algorithms in our memory test files and associated servers are “trade secrets” as defined, without limitation, in the California Uniform Trade Secrets Act. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in MemoryHealthCheck. All intellectual property rights in MemoryHealthCheck are the sole and exclusive property of MyBrainTest.

Some MemoryHealthCheck features either now or in the future may allow you to post or submit content and materials for publication on MemoryHealthCheck (“Your Content”). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer MemoryHealthCheck or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.

Feedback: We appreciate your feedback in the form of emails, comments, testimonials, or suggestions to regarding the sites and any associated services on MemoryHealthCheck (collectively, “Feedback”). MyBrainTest may use such Feedback for any purpose. So that we may incorporate such Feedback into MyBrainTest’s services, MyBrainTest alone will own all right, title and interest, including all related intellectual property rights, in and to all such Feedback, and in consideration for your use of the site and services, you hereby assign such Feedback to MyBrainTest free of charge.

Your License to Use MemoryHealthCheck

We are providing you with access to MemoryHealthCheck pursuant to a limited, non-exclusive, non-sublicenseable, non-transferable, revocable license. You can use MemoryHealthCheck for personal, non-commercial use only, and subject to the TOS.

This license is available to you as long as you are not barred from MemoryHealthCheck by applicable law and your account is not terminated by us or by you. If the TOS are not enforceable where you are located, you may not use MemoryHealthCheck. MyBrainTest reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

Restrictions and Prohibited Uses

Except with our written permission, you shall not engage in any of the following prohibited uses:

– Attempt to impersonate another person or use another person’s MemoryHealthCheck account information without authorization.

– Use or distribute MemoryHealthCheck for your own scientific or clinical research purposes.

– Violate or attempt to violate MemoryHealthCheck’s security features, including logging into a server that you are not authorized to access, or probing the vulnerability of MemoryHealthCheck systems and networks.

– Redistribute, decompile, reverse engineer, publish, or copy MemoryHealthCheck.

– Use MemoryHealthCheck for the purpose of creating a product with a substantially similar look, feel or design.

– Access or search MemoryHealthCheck by any means other than our publicly supported interfaces (for example, “scraping”).

– Use MemoryHealthCheck or any trademarks, game names, trade names, service marks, copyrights, or logos of MyBrainTest, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you.

– Violate any third party’s rights, including intellectual property or privacy rights.

– Threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.

Engaging in prohibited uses is grounds for immediate termination of your MemoryHealthCheck account, and may also subject you to civil or criminal penalties.

DISCLAIMERS

YOU AGREE THAT USE OF MEMORYHEALTHCHECK IS AT YOUR OWN SOLE RISK AND THAT MEMORYHEALTHCHECK IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYBRAINTEST AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING MEMORYHEALTHCHECK, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

NO MEDICAL ADVICE: The site content, which includes reports generated by taking online memory tests and filling out checklists/surveys ( collectively “Your Report”) are for informational purposes only and are not intended to substitute for professional medical advice, diagnosis, or treatment. You should seek the advice of a physician or other qualified health provider with whom you have such a relationship if you have questions regarding any medical condition. You should not ignore professional medical advice or delay in seeking it because of Your Report or any other site content. Furthermore, you should not interpret Your Report or any other site content as recommending any specific treatment plan, product or course of action. You should always consult your physician or other qualified health provider before starting any new treatment or stopping any treatment that has been prescribed for you by your physician or other qualified health provider.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MYBRAINTEST OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO MEMORYHEALTHCHECK FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO SUBSCRIBE TO MEMORYHEALTHCHECK; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF MEMORYHEALTHCHECK; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN MYBRAINTEST AND YOU. YOU UNDERSTAND THAT MEMORYHEALTHCHECK WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

RELEASE: You hereby release and forever discharge us (and our officers, directors, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other users of our site and services.. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

DMCA Statement and Contact

We comply with the provisions of the Digital Millennium Copyright Act applicable to service providers. If you have any complaints with respect to material posted on MemoryHealthCheck, you may contact us by email (Subject: DMCA Complaint) to info – at- mybraintest.org or at the following address:

MyBrainTest
ATTN: DMCA Complaint
2358 University Ave, Ste 1570
San Diego, CA 92104

You must include all the following information in your complaint:

– a description of the copyrighted work or other intellectual property that you claim has been infringed;
– a description of the material that you claim is infringing and where it is located on MemoryHealthCheck;
– your mailing address, telephone number, and if available, email address;
– a statement by you that you have a good faith belief that the use of the material on MemoryHealthCheck is not authorized by the copyright owner, its agent, or the law;
– a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and
– an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

General Provisions

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. If any provision in these Terms and Conditions is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms and Conditions will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. These Terms and Conditions, and any other additional terms located on particular pages of our Sites or Apps, constitute the entire agreement between you and MyBrainTest regarding the use of the MemoryHealthCheck site.

International Users

These Terms and Conditions were written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. The MemoryHealthCheck site and site content are located in the United States. If you choose to use the The MemoryHealthCheck site and site content or other services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your information (as defined in the MemoryHealthCheck Privacy Policy) to the United States and by providing your information you consent to (a) such transfer, and (b) the application of the laws of the United States and/or the State of California with respect to any dispute arising from or related to these Terms and Conditions (except for any dispute arising out of your use of a Third Party Company’s websites or services, which shall be governed by the applicable Third Party’s Company’s terms of use and/or privacy policy), other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of California.

Governing Law

These Terms and Conditions, and any claim, dispute or controversy of whatever nature arising out of or relating to these Terms and Conditions, shall be governed by and construed solely and exclusively in accordance with the laws of the State of California, USA without giving effect to any law that would result in the application of the law of another jurisdiction. You expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, in San Diego, for the resolution of any such dispute.

Contact Information: If you have any questions about these Terms and Conditions, please contact us by e-mail at info – at – mybraintest.org or by writing to us at: MyBrainTest, 2358 University Ave. Ste 1570, San Diego, CA 92104, in each case marking the message “Attention: Terms and Conditions.”