Your use of membic.org is subject to the terms of a legal agreement between you and Epinova Consulting ("Sponsor"), a Massachusetts business. By using membic.org, you agree to be bound by this agreement. Sponsor may amend this agreement from time to time, you agree to be bound by any changes Sponsor may reasonably make to this agreement when such changes are made.
You agree you are entirely responsible for maintaining the confidentiality of your password and account information, and that Sponsor will not be liable for any loss you may incur as a result of someone else using your password or account.
No unlawful conduct or improper use:
You agree not to use membic.org for any purpose that is unlawful or harmful to others, and you agree to comply with any applicable local, state, federal and international laws, government rules or requirements.
You agree that Sponsor holds all rights, title and interest in membic.org, and acknowledge that no title or interest is transferred to you.
Use of membic.org:
Sponsor provides membic.org on an "As Is" and "As Available" basis, without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
You agree not to access (or attempt to access) membic.org by any means other than through the interfaces provided by membic.org.
You agree that you will not engage in any activity that interferes with or disrupts membic.org (or the servers and networks which are connected to membic.org).
You agree that you are solely responsible for (and that Sponsor has no responsibility to you or to any third party for) any breach of your obligations under this agreement and for the consequences (including any loss or damage which membic.org may suffer) of any such breach.
You understand that all information which you may have access to as part of, or through your use of, membic.org is the sole responsibility of the person from which such content originated.
You understand that by using membic.org you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use membic.org at your own risk.
You agree that you are solely responsible for (and that Sponsor has no responsibility to you or to any third party for) any content that you create, transmit or display while using membic.org and for the consequences of your actions (including any loss or damage which Sponsor may suffer) by doing so.
You retain copyright and any other rights you already hold in content you submit to membic.org. By submitting the content you give Sponsor a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content you submit through membic.org.
You agree that links to entities with whom Sponsor earns sales referral sales commissions may be modified to contain information identifying Sponsor as the referring entity.
Limitation of liability:
IN NO EVENT SHALL SPONSOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SERVICE, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, Sponsor's liability is limited to the full extent permitted by law. You agree that in no event shall Sponsor's maximum aggregate liability exceed the total amount paid by you for the service in dispute purchased from Sponsor.
Disclaimer of warranties:
Sponsor expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an "As Is" and "As Available" basis. Sponsor makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. Sponsor does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.
You agree to defend, indemnify and hold harmless Sponsor and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to your (including your agents affiliates, or anyone using your account, software or services with Sponsor whether or not on your behalf, and whether or not with your permission) use of the services you purchased from Sponsor or your breach of this agreement or incorporated agreements and policies. In addition, you agree to indemnify and hold Sponsor harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by you, or any allegation that your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of you elsewhere. Should Sponsor be notified of a pending law suit, or receive notice of the filing of a law suit, Sponsor may seek a written confirmation from you concerning your obligation to indemnify Sponsor. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Sponsor shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Sponsor of any such claim promptly in writing and to allow Sponsor to control the proceedings. You agree to cooperate fully with Sponsor during such proceedings.
Governing law, venue; waiver of trial by jury:
This agreement shall be deemed entered into in the Commonwealth of Massachusetts. The laws and judicial decisions of Suffolk County, Massachusetts, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. You agree that any action relating to or arising out of this agreement shall be brought in the courts of Suffolk County, Massachusetts.
You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this agreement.
Waiver and severability:
The failure of Sponsor to enforce any of the provisions within this Agreement or its incorporated agreements and policies against you or others shall not be construed to be a waiver of the right of Sponsor thereafter to enforce such provisions.
You agree that the terms of this agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the agreement. The remaining terms and conditions of the agreement will remain in full force and effect.
May 20, 2017