Terms and Conditions

Memm, Inc. is an online learning tool and corporation. Memm, Inc. and its affiliates (“Memm,” “we,” “our”) operate websites, including https://memm.io and our blogs (our “Websites”). Our goal is to put forth our best efforts to elevate your learning efficiency and efficacy to help you achieve your academic and professional goals. "Services" refers to any products (paid of free, current or future) offered by Memm, Inc. While our Services are provided with the intention to enhance customers' chances of success, it is important to note that we cannot guarantee any outcome, an improvement in outcome, or change in outcome.

User Agreement

These legally binding Terms and Conditions, as may be amended by us from time to time

(“Terms”), apply to our Websites and our products on https://memm.io. By using our Websites and Services, you hereby acknowledge and accept these Terms and the conditions listed in our Privacy Policy, which is hereby incorporated into these Terms by reference. If you do not agree to these Terms, you should not use the Website or Services. We reserve all rights not expressly granted to you in these Terms.

"You" and "your" refers to any person or entity subscribing to and/or using the Service ("Users").

Restrictions of Use

In order to use Memm Services, you must:

1. Be 13 years of age or older
2. Have the power to enter binding agreement(s) with Memm, Inc. without restrictions by applicable laws

You may not access our Websites or Services or use the information contained in our Websites or Services for any illegal purpose or in any manner inconsistent with these Terms. Your use of our Websites and Services must not alter the original content of our Websites or Services. You agree not to access our Websites or Services or use the information contained herein for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in our Websites or Services in any manner that could compete with our business.

You are not permitted to decompose, decompile, reverse engineer, disassemble, or otherwise

deconstruct all or any portion of our Websites. You may not publish, broadcast, retransmit, reproduce, repackage, commercially exploit, create any derivative of, or otherwise redistribute all or any portion of our Websites or Services except as explicitly permitted in these Terms.

License

In exchange and subject to your payment of the appropriate subscription cost for our services, and your agreement with the terms and conditions set forth herein, Memm grants you a non-exclusive and non-transferable license to use and access Memm content (the “licensed materials”) from multiple devices or locations. You are not allowed to access the Memm content from multiple devices/locations concurrently. Access of Memm Services concurrently constitutes account sharing, and appropriate action will be taken as defined below in this agreement.

You are not allowed to assign, share, lease, or otherwise transfer your right to use licensed materials. Memm accounts are monitored for multiple concurrent login attempts. In the event that Memm, at its sole discretion, believes that an account is being used by multiple different users, Memm reserves the right to terminate the account without notice or refund.

Subscription Term

You have the right to access the licensed materials for which you have purchased a subscription, for the duration of said subscription period. Content and materials are provided on an “as is” basis, but these pages may changes during the course of a subscription period subject to updates or changes in Memm’s sole discretion.

Your subscription cannot be suspended and reactivated at a later date. You must use the material within the period of your subscription, and no extensions or refunds are offered in exchange for unused time.

Upon the termination of your subscription period, your right to use and access the licensed materials will expire automatically. Renewals are offered for purchase as a continuation to the current subscription, but not for later use at a future date after the current term has expired. For extension to be successful, it must be executed prior to the subscription period's expiration date.

User Account/Password and Security

To use Memm and subscribe to our Services, you must complete Memm’s registration process, requiring complete, accurate, and current information as requested.

You are responsible for the accuracy of the data provided and are responsible for generating and maintaining the security of your password and account.

You agree to notify Memm immediately if there are suspicions of unauthorized use of your account or any other breach. Memm is not liable for losses that may be incurred as a result of unauthorized account usage.

Access from Outside the United States

Memm is designed and directed to people residing in the United States. We do not represent availability or appropriateness in other locations. We may limit the availability of the Website or Services to any person or geographic area at any time. If you choose to access the Websites from outside the United States, you do so at your own risk.

Reasonable Use

Memm and its Services are intended for individual exam preparation and are sold as subscriptions. The Services are designed to facilitate learning for the specified examination or test, assuming the user performs careful review of all content to receive maximal benefit in studying review sheets and flashcards in an optimal studying experience to our typical users (hereafter referred to as “normal” product usage).

Usage of Memm subscriptions which does not fall under reasonable or normal product usage may result in action taken against the account, at Memm’s sole discretion. Subscription utilization that indicates or suggests multiple users, community, or fraudulent use may result in suspension or termination of the subscription.

Violation of These Terms

In the event the terms of this agreement are breached, Memm may, at its sole discretion, terminate this agreement, your access to the Websites, and any Services to you without refund. Memm reserves the right to pursue any remediation by law for such violations, and we may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms.

Refunds

Except as otherwise explicitly stated in these Terms or at the sole discretion of Memm, no refunds, cancellations, or changes to subscriptions are provided.

Ownership

All licensed materials at https://memm.io, including all intellectual property rights, are the exclusive property of Memm. In accepting these Terms, you do not become the owner of the licensed materials, but are entitled to use them according to these Terms.

Disclaimer of Warranties

We provide the Website and Services to you “as is”. We try to keep the Websites available, safe, and bug-free, but you use it at your own risk. To the fullest extent permissible by law, we disclaim all warranties, express or implied, including any warranty of title, non-infringement, accuracy, fitness for any particular purpose, or warranties that may arise from course of dealing or performance or usage of trade. We cannot and do not guarantee that the Websites will remain safe, secure, or error-free. We cannot and do not guarantee that the Websites will be without disruptions, delays, or imperfections. We do not guarantee the quality or standard of any of the content, including any blog posts, content on the Websites, or in our newsletters and social media. We are not responsible for the actions or information of third parties, and you release us from any claims and damages, known and unknown, arising out of or connected in any way with such third parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: 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 SETTLEMENT WITH THE DEBTOR.

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms will remain in full force and effect. Without limiting the generality of the preceding sentence, if any remedy set forth in these Terms is determined to have failed of its essential purpose, then all other provisions of these Terms, including the limitation of liability and exclusion of damages shall remain in full force and effect.

Force Majeure

We will not be deemed to be in breach of these Terms or liable for any breach of these Terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, pandemics or epidemics (whether or not already active at the time you accept these Terms), act of government (including but not limited to “shelter in place,” “travel ban,” “quarantine” or “shutdown” orders, whether or not already active at the time you accept these Terms) or other disaster.

No Waiver

The failure of Memm to insist upon strict enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right.

Linked Internet Sites

Memm is not responsible for the content, behavior, and risk associated with other internet websites linked from our Websites or Services. You may access other Internet sites linked at your own risk.

Entire Agreement

These Terms, including any documents incorporated into these Terms by reference, constitute the entire agreement between you and Memm regarding the subject matter of these Terms and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of the Terms.

Third Party Trademark Disclosures

MCAT is a registered trademark of the Association of American Medical Colleges (AAMC),

which does not endorse Memm or its methodology. Memm is not endorsed by or affiliated with the National Board of Medical Examiners (NBME) or Federal State Medical Boards. “USMLE” is a trademark of the NBME and is used pursuant to the Fair Use Doctrine.

Notice of Copyright Infringement

If you believe that any content on our Websites infringe on any copyright which you own or control, or that any link on the Websites directs users to another website that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with us as set forth below. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Memm. Notifications should include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activities and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
4. Contact information for the notifying party, including name, address, telephone number, and email address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Please submit this notice to Memm at support@memm.io.