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Terms & Conditions of Use

Welcome to MemoryBeach.com, and The Guide

 

By purchasing a product or a service from MemoryBeach, or playing a game on The Guide, or registering on MemoryBeach.com, you agree to abide by these Terms & Conditions of Use. If you do not agree to be bound by the The MemoryBeach Compnay Terms & Conditions of Use, you may not access MemoryBeach.com, nor play The Guide games.  You may cancel your memorybeach.com account at any time. 

 

These terms are subject to change by MemoryBeach.com at any time. Any updates will be posted here and a notification of any changes will be emailed to registered users.

 

Registered and unregistered trademarks of MemoryBeach Company, its divisions, suppliers and other third parties may not be used, in whole or part, or copied, or in any way imitated without permission of the MemoryBeach Company or its vendors and parties.

 

Assistance. If you would like a MemoryBeach LifeGuard to assist you with understanding the Terms & Conditions & Billing Practices, please set aside 30-45 minutes and call our Call Center, so that we may carefully walk you through all of the Terms & Conditions to ensure you understand your rights and responsibilities as a consumer. Please call us at 888-912-3224 with questions.

 

Your call will be recorded for reference and training purposes.

 

It is critical to MemoryBeach Company that you understand your consumer rights. Please direct any complaints, questions, to our LifeGuards at 888-912-3224. We're here to help you.

 

LAST UPDATE: March 1, 2017

  1. Definitions
  2. Payment
  3. Shipping Policies
  4. Refund/Return Policy
  5. Return Fraud
  6. Cancellation
  7. Complaints
  8. Pricing
  9. Legalities
  10. Disputes

X.h.  Please note that by agreeing to these terms and conditions, the buyer and his or her agents agree to a waiver of class action rights and to arbitration. Please also see below for the OPT OUT clause for Arbitration available to all registered and non-registered buyers and users

  1. Definitions
    1. Seller refers to MemoryBeach Company and MemoryBeach.com – the company to whom the order for the purchase has been given.
    2. Buyer refers to the person or organization placing the order. This is an individual registered or non-registered user or a purchasing agent designated to make a purchase on behalf of a user of MemoryBeach.com. 
    3. MemoryBeach.com is a retail website for adult purchasers 18-years-old or older with a valid credit card. Purchases at MemoryBeach.com may be made for others. 
      1. PLEASE NOTE: Registered account holders at MemoryBeach.com may not at any time transfer the possession or operation of the account to any other person or entity without notification to MemoryBeach.com. Transferring the operation of the account by formal or informal means will waive any rights of the buyer for refunds, exchanges, and/or benefits from MemoryBeach.com.
    4. Goods or services refers to the product(s) for which the buyer has placed an order for with the seller.
    5. The Guide (devguide.memorybeach.com and guide.memorybeach.com) refers to a separate and connected website that offers a series of 4 games that are offered to registered and non-registered users and non-users of MemoryBeach.com.
    6. LifeGuard services refers paid subscription services in 1-month, 3-month and 6-month periods, beginning with the first of each month. LifeGuards are call center employees. There is no guarantee a buyer who is a LifeGuard service subscriber will get the same LifeGuard for each call made. LifeGuards are not full-time employees of MemoryBeach Company.
  2. Payment
    1. All payments are due upon completion of an order.  If a payment is not received or the payment method is declined, the order will not be placed for the products and no items will be shipped.  The buyer forfeits the ownership of any items due to non-payment.
  3. Shipping Policies
    1. Shipping will be paid for by the buyer in the amount calculated by the seller at the time of purchase.  If an item is lost during shipping, the total cost of the item including shipping, will be refunded to the buyer by MemoryBeach.com, and a claim will be made by MemoryBeach.com to the manufacturer or to the delivery service.  
    2. Shipping costs may double if shipping internationally or on rush orders.  If an item is damaged during shipping, MemoryBeach.com will not be held responsible, and will work with the manufacturer or shipment company to resolve any claims of damaged merchandise.
    3. MemoryBeach.com will take all reasonable steps to ensure the protection from loss, damage or destruction of the services or materials it supplies the buyer.
  4. Refund/Return Policy
    1. Items are entitled to be refunded or retuned if the buyer notifies the seller within 30 days of the date of purchase.  The buyer must contact the seller by email: contactus@memorybeach.com.   Not all merchandise is returnable.  Shipping charges incurred for returned merchandise is the responsibility of the buyer.
    2. There is no "return" policy for LifeGuard services, which are rendered after the subscription service is paid for. LifeGuard services may be cancelled by the buyer within the subscription service period 30 days after the last LifeGuard call. 
    3. The buyer of LifeGuard services agrees to immediate termination of any LifeGuard call center services if the following occurs on the part of the buyer or the person for whom the LifeGuard service was purchased:
      1. harassing, abusive or sexual language on the part of the buyer or the person for whom the LifeGuard service was purchased;
      2. invitations by the buyer or the person for whom the LifeGuard service was purchased to engage in correspondence, conversation or an in-person meeting outside of the subscription period of the LifeGuard service;
      3. receipt of any unscheduled calls from a LifeGuard outside of the subscription period of service unknown to MemoryBeach Company and for which the LifeGuard will be immediately terminated from contractual employment with MemoryBeach Company;
      4. any other unscheduled and unsupervised contact with a MemoryBeach LifeGuard or any person falsely representing himself or herself as a MemoryBeach LifeGuard.
    4. Upon immediate termination by MemoryBeach.com, the buyer of LifeGuard call center services will be required to pay the subscription services to the end of the period of the subscription services purchased (1-month, 3-month or 6-month cycles).
    5. MemoryBeach.com will make every attempt to inform the buyer of the immediate termination of services, and provide a digitized audio clip of the call in question if initiated by MemoryBeach.com.
  5. Return Fraud
    1. Return fraud costs retailers $9B to $14B a year, which affects retailers' ability to keep prices low, trust our buyers' best intentions, and source products and services at the lowest possible cost and highest value.*
    2. MemoryBeach.com reserves the right to examine all refunds for Return Fraud. Buyers who are suspected to have committed Return Fraud will be appropriately challenged by MemoryBeach.com and its agents by email and in writing.
    3. If the buyer or its agents have violated the terms attempting to prevent Return Fraud or any of the other Sections of this document, MemoryBeach Company may immediately terminate the buyer's account and prohibit further use of the Site by IP Address or other means.
    4. If the buyer purchases an item with the intent to use that item and then to return that item, and MemoryBeach.com must pay a fixed cost for repackaging and/or discounting the item due to damage, then MemoryBeach.com and the buyer agree that there will be a 50% restocking and or refund fee on the item. 
    5. All returns will be accompanied by documentation of the item and the original purchase price; no item will be refunded above the cost of that item at the time of purchase. 
    6. Buyers who are caught attempting to engage in return fraud will not be refunded the amount paid and may face shoplifting or theft charges.
  6. Cancellation
    1. An order or service may be cancelled up until payment has been processed.  Once the payment is processed, the buyer is responsible for the payment.
  7. Complaints
    1. Any complaints about items or the seller should be submitted to our support team via email or by calling the call center.  Please email: contactus@memorybeach.com.  
    2. The call center number is 888-912-3224.
    3. There is no guarantee of a resolution.  Each case will be looked at individually and MemoryBeach.com and its agents will be in contact via email, phone, or letter.
  8. Pricing
    1. "List Price" is the suggested retail price of a product as provided by a manufacturer, supplier, or seller.
    2. MemoryBeach.com may be required by a manufacturer, supplier or distributor to abide by certain pricing disciplines and guidelines in order for MemoryBeach.com to resell that product or line of products. That information is not disclosed to customers and is a contractual agreement between MemoryBeach Company and its manufacturers, suppliers and distributors.
    3. MemoryBeach attempts to update its price list regularly; if a buyer finds a discrepancy with the manufacturer, supplier, or other retail sites, please let us know at: contactus@memorybeach.com.
    4. At times some products on MemoryBeach.com may be mispriced in error, or the manufacturer may have a special sale they would like to offer on another website or through another retail outlet; MemoryBeach Company attempts to comply with regular updates from our manufacturers and suppliers in order to avoid any miscommunication about pricing.
    5. MemoryBeach will attempt to contact a buyer if we believe the buyer has been over-charged for any reason as a result of miscommunication with a manufacturer or supplier.
    6. The price for LifeGuard subscription services is set by MemoryBeach.com, and is subject to change after the current subscription period purchased by that buyer is completed.
  9. Legalities
    1. MemoryBeach cannot and does not assume any responsibility or liability for the actions, product, and content of manufacturers, suppliers and any other third parties' websites connected to the memorybeach.com website. You acknowledge that we do not control those websites and we are not responsible for their content, their privacy practices, or any other policies provided on those websites.. 

    2. MemoryBeach is not responsible for any health or safety concerns once the buyer has received the goods or services.  
    3. If any harm is incurred from the items purchased by the buyer, the MemoryBeach shares no responsibility.
  10. Disputes

Please note that by agreeing to these terms and conditions, the buyer and his or her agents agree to a waiver of class action rights and to arbitration. Please also see below for the OPT OUT clause for Arbitration available to all registered and non-registered buyers and users.

 

  1. Any dispute or claim related to the use of MemoryBeach.com, or The Guide, or to any products or LifeGuard or any other services sold or made available for free by MemoryBeach.com, will be resolved by binding arbitration rather than in court.
  2. The federal arbitration law known as the Federal Arbitration Act and all related laws apply to this agreement.
  3. The only instances in which a court claim is not waived is the ability of the buyer to submit a claim to small claims court; and if MemoryBeach Company or the buyer brings suit in court regarding the infringement or misuses of intellectual property and copyright protections.  MemoryBeach Company and the buyer agrees to waive any right to a jury trial. 
  4. Excluding intellectual property infringement, both MemoryBeach Company and buyers and users of the site are bound by the agreement of arbitration and agree that the choice of arbitration disallows a class, consolidated, and/or representative action. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
  5. All disputes arising out of, relating to, or in connection with this agreement shall further be resolved through arbitration in accordance with the Rules for Non-administered Arbitration of the Institute for Conflict Prevention and Resolution.
  6. There shall be a single arbitrator, mutually agreed by the parties.  Any award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be held in Chicago, Illinois, although with the agreement of all parties and arbitrator, it may be possible to participate by telephone. 
  7. The prevailing party is entitled to seek, but is not automatically entitled to, the recovery of all fees and expenses, including attorney’s fees, from the non-prevailing party, and the arbitrator shall rule on such request as part of the award.
  8. Buyers and registered users may choose to reject the arbitration requirements set forth by MemoryBeach Company. To reject the arbitration requirements, please mail an OPT OUT notice to: MemoryBeach Company, 3743 N. Kenmore Ave., 1, Chicago, IL 60613  ATTENTION: OPT OUT. Please include the following in your OPT OUT letter:
    1. Your name
    2. Your address
    3. Your email
    4. Your phone number
    5. Please write the following: I wish to OPT OUT of the Arbitration Agreement with MemoryBeach Company.
    6. Please sign and date the letter, and please certify it if possible. The letter must be received within 30 days of the first use of the site, registration on the MemoryBeach.com site, or from the last date of the valid purchase of a product or service.
  9. In response, MemoryBeach Company will stamp a date on the OPT OUT letter upon receipt, and then mail a copy of the letter and the Version of the Arbitration agreement to the sender based upon a valid return address. From that period forward, MemoryBeach Company and the registered user, buyer, or passive user of the site will no longer be bound by the arbitration agreement.
  10. Any dispute arising out of such use of the website, The Guide, LifeGuard, or any products and services, is subject to the laws of the State of Illinois, USA.
  11. These billing terms and conditions are subject to change, and MemoryBeach.com will post the date of update on the top of this page and keep previous versions on file for reference.
  12.  If any part of the Terms & Conditions of use is held to be invalid or unenforceable, the remaining provisions will remain in full effect. If either party waives his or her right to enforce the Terms & Conditions in part or in full, that does waive either party to later enforce the Terms & Conditions.  

 

Your use of this website, placement of an order, registration on the website, recipient of LifeGuard and call center services, and playing The Guide games indicates you are in agreement with these billing terms and conditions.

 

Any decisions influenced through the use of The GuideSite or the MemoryBeach.com Site is done at your own discretion and therefore you agree to take full responsibility.

 

Further Terms and Conditions regarding the use of The Guide may be found here: Guide Terms & Conditions.

 

IF YOU HAVE ANY QUESTIONS WHATSOEVER ABOUT YOUR RIGHTS AS A BUYER OR CONSUMER, PLEASE CALL US AT 888-912-3224.

YOUR CONVERSATION MAY BE RECORDED FOR TRAINING AND RETRIEVAL PURPOSES.

 

*http://consumer.findlaw.com/consumer-transactions/return-policies-and-refunds.html