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The Guide Terms & Conditions

PLEASE READ CAREFULLY & IF NECESSARY RETURN TO THE GUIDE AT THE END

 

Welcome to The Guide, by MemoryBeach Company. Please also refer to the Privacy & Security Policy and the MemoryBeach.com Site Terms & Conditions of Use. In the case of any conflicts, the MemoryBeach.com Site Terms & Conditions of Use shall prevail.

 

Adult Use or Supervision. By agreeing to The Guide Terms & Conditions, or registering on MemoryBeach.com, you represent that you are 18 years of age or older, or a legal adult who is able to entire into a binding contract, or playing the Guide with an adult who enters into the binding contract on your behalf and who is providing you with direct supervision while you play The Guide.

 

Changes and Updates. The Guide Terms & Conditions 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. 

 

If you do not agree to be bound by the The Guide Terms of Use, you may not use The Guide site.

 

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 The Guide 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.

 

Termination. MemoryBeach reserves the right to terminate your ability to use The Guide at any time and without notice.  

 

LAST UPDATE: March 1, 2017

  1. Definitions
  2. Intellectual Property
  3. Non-Commercial Use of The Guide
  4.  Data Analytics and Privacy
  5. Indemnification
  6. Warranties
  1. Definitions
    1. The Guide refers to MemoryBeach Company's intellectual property and trademark for a series of four working memory games associated with Wave scores that categorize products and services.  
    2. Player refers to the person playing The Guide games alone or with help from another. This is an individual registered or non-registered user on the MemoryBeach.com Site.
    3. MemoryBeach.com is a retail website for adult purchasers 18-years-old or older with a valid credit card.  
      1. PLEASE NOTE: Registered account holders at MemoryBeach.com may not at any time transfer the possession or operation of the account and associated Guide scores 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.
  2. Intellectual Property
    1. The Guide refers to MemoryBeach Company's intellectual property and trademark for a series of four working memory games associated with Wave scores that categorize products and services.  
    2. Playing The Guide games results in an overall score for each Game.
    3. Scores are associated with Waves of products, categorized using algorithms that are the intellectual property of the MemoryBeach Company. The Guide and its associated algorithm, design and data is the exclusive intellectual property of MemoryBeach Company.
  3. Non-Commercial Use of the Guide
    1. The Guide is meant for personal use, for oneself, or for helping someone else play the games on The Guide.
    2. You may not, as in the case of paid employment as a personal care worker, helper, or aide, charge others to play The Guide.
    3. You may not create by electronic means a subscription service to access The Guide.
    4. You may not create additional registrations with your registration on The Guide for commercial gain, public competitions, public entertainment venues, or other paying means.
    5. You may not use The Guide in any promotional materials or as a benefit from paid- or commercial use.
  4. Data Analytics and PrivacyPlease also see the Privacy & Security Policy.
    1. The Guide is not a medical site. Players are not patients of MemoryBeach Company or Dr. Nancy M. Picard, Ph.D., founder. The Guide is not a substitute for the advice or services of a licensed medical professional. 
    2. The Guide shall not be used for the purpose of diagnosing, treating, or advising anyone with respect to the care and maintenance of one’s physical health, including memory-related ailments, concerns, or questions.
    3. At no time is a Wave Score associated with The Guide and MemoryBeach Company through the performance on The Guide suggestive of a medical diagnosis.  Scores may change over time, and MemoryBeach Company may from time to time change the algorithms associated with performance on The Guide and associated Wave scores. Documentation of such changes may or may not be available via electronic means, such as the release of such information in a MemoryBeach blog or newsletter, and are not available upon request.
    4. You agree to accept responsibility for all activities that occur under your user name, account, or password, for all players of The Guide registered under your log in information.
    5. In no event shall MemoryBeach Company, it’s officers, employees, or affiliates be liable for any denial of service, hacking, or data loss claims, lost profit, or any damages of any kind whatsoever with respect to your use of The Guide.
    6. You grant MemoryBeach a worldwide, royalty-free, nonexclusive, license to use, distribute, reproduce, modify, publish and translate your previous and current Guide scores and those of others registered on your account and the history of your purchases solely for the purposes of research and data analytics and without identifying information as to your name, address, and financial information, and to the name of any other registered users.
    7. You may partially revoke this license and terminate rights held by MemoryBeach Company at any time by removing your personal information from MemoryBeach.com Site.
    8. You may fully revoke this license to grant MemoryBeach the use of your previous Guide scores and any other scores registered on your account, by contacting us in writing to: MemoryBeach Company, 3743 N. Kenmore Ave., Unit 1, Chicago, IL, 60613.
    9. MemoryBeach Company will not be liable for any loss that you may incur as a result of someone else using your account or password.
  5. Indemnification
    1. By agreeing to the Guide Terms & Conditions, you agree to indemnify and hold harmless MemoryBeach Company, its affiliates, officers and/or employees, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your use of The Guide or your use of the MemoryBeach Company website (memorybeach.com).

  6. Warranties
    1. MemoryBeach Company expressly disclaims all warranties of any kind expressed or implied.

    2. The Guide is provided on an “as is” and “as available” basis. 
    3. These warranties may include but are not limited to title and non-infringement, merchantability, or fitness for a particular purposes.
    4. Warranties do not include whether or not The Guide or any material associated with The Guide meets your requirements for a game or for what you consider to be an accurate or reliable recommendation for a Wave category of products and services associated with performance on The Guide games.