“Memletics Terms of Use” agreement#

The following is a copy of the “Memletics Terms of Use” agreement, as at April 2003. You should check the website for the latest version.

Your use of any products or services (materials) provided by Advanogy.com (the publisher) is conditional on your acceptance of this "Memletics Terms of Use" agreement. This is a binding agreement between you and Advanogy.com. Advanogy.com is an Australian-based company, registered in Victoria, ACN 104 198 263.

This agreement was last updated on April 15th, 2003. Advanogy.com reserves the right to amend these conditions without notification. You should check back to the website occasionally and review any changes.

By using any material provided by Advanogy.com (and from time to time, demonstrating your acceptance on various online forms), you agree you accept all parts of this agreement. This agreement is in effect from the first time you use the materials.

The parts of the agreement are arranged as follows:

  • General conditions

  • Disclaimer

  • Privacy and data protection

  • Intellectual property

  • Term, termination and jurisdiction

  • Website specific conditions

  • Memletics Manual specific conditions

  • Contact and questions

General conditions#

The Memletics materials contain ideas, opinions, tips and techniques for improving human performance. The materials intend to provide helpful and useful material on the subjects addressed in the materials. Advanogy.com does not provide you with medical, health, or any other personal professional service. You should seek the advice of your medical practitioner, health professional or other relevant competent professional before trying or using information in this material.

It’s your responsibility to maintain all legal, regulatory, company and other applicable requirements while performing day-to-day or work responsibilities. These may be requirements relevant to your qualification, the type of activity you are undertaking, or the equipment you are using.

You will only use Memletics materials for lawful purposes. You will not infringe the legal or moral rights of other users. You will not restrict or inhibit the use and enjoyment of the materials by others. This restriction includes unlawful activity, harassment, defamation, causing distress or offence and interruption or attempted interruption of service.

Disclaimer and limited liability#

The Memletics materials are provided as is, without representation, endorsement or warranty (express or implied). This exclusion includes implied warranties of appropriate fitness, quality, non-infringement, security, accuracy and compatibility. Advanogy.com does not warrant the materials are complete or free from inaccuracies.

You agree to not hold, nor attempt to hold Advanogy.com liable for any loss, liability, claim, demand, damage, or expense (including legal fees) whatsoever in connection with the use, misuse or inability to use Memletics materials.

In jurisdictions that exclude such limitations, liability is limited to:

  • The consideration paid by you for the right to view or use these materials, and/or

  • The greatest extent permitted by law.

Indemnification#

You agree to indemnify Advanogy.com against any loss, liability, claim, demand, damage, or expenses (including legal fees) asserted by any third party due to or arising from or in connection with your materials usage, or materials usage by others.

Third Party Rights#

The provisions in this agreement applicable to Advanogy.com may also be asserted by Advanogy.com shareholders, directors, agents, sponsors, employees, reviewers, moderators, contributors and other third parties under commercial arrangements with Advanogy.com.

Privacy and Data Protection#

We are committed to your privacy. Information collected on the site and by Advanogy.com may be used for internal review, to improve and customize content and layout, to notify users about site updates, and for marketing purposes. We will obtain your express permission before providing any data to another organization.

We reserve the right to make site information available to third parties or law enforcement authorities to assist in the enforcement of this agreement or for the investigation of illegal activities.

If you wish to discuss any privacy matter, please contact us.

Intellectual Property#

All material © 2003 Advanogy.com (except where noted). All rights reserved. This includes (but is not limited to) text, images, illustrations, colors, layout, and code. You may view or download publicly accessible materials, or materials for which you have obtained a license, to your local workstation for your personal use (and other uses as provided for under copyright "fair use" provisions). However, you may not further copy or distribute (by any means) any part of the materials, including the Memletics Manual and any derivative or summary material.

The Memletics Manual has been registered with the US Library of Congress. Material may consist of derivative works from the manual. The courts can impose heavy penalties on those who willingly violate copyright provisions

If you wish to use this material for commercial purposes or purposes other than allowed for under fair use, please contact us. We license material for use in instruction, training, education and commercial organizations.

Trademark Information#

"Memletics™," is a trademark for an information product in international classes 9, 35 and 41.

This information product is marketed and sold worldwide. Registration pending. Where not currently registered, trademarks are claimed under common law and relevant treaties.

Other trademarks are the property of their respective owners.

Assignment of Intellectual Property#

You agree to grant Advanogy.com a royalty-free, non-exclusive, worldwide, perpetual license for any materials and other information you post or communicate to Advanogy.com or memletics.com. This includes rights to sublicense, reproduce, distribute, transmit, derive new works from, publicly display and publicly perform these materials. These materials, and the ideas they contain, may be used (without limitation) for new or improved products or services. This license is applicable to all means and in any media now in existence or later developed.

You agree that you have no recourse or claim against Advanogy.com for any alleged or actual infringement of any intellectual property rights in your communications with Advanogy.com (including both forums and personal email).

Infringements#

If you believe any work has been infringed by any materials provided by Advanogy.com, please contact us. Please provide details of the original work and where on the site the potentially infringing material is located.

Term, termination and jurisdiction#

This agreement is in effect from the first viewing of any Memletics materials. It remains in effect regardless of whether you continue to use the material. Any claim or cause of action you may have must be commenced within one year after the cause of such claim or action, otherwise you agree that any claim or action is barred.

If Advanogy.com does not act to enforce any provision in this agreement, this inaction does not indicate a termination or waiver of any part of this agreement. In addition, if any part or parts of this agreement are found to be not enforceable, you agree that all other parts remain in full force.

You agree this agreement shall be governed by and construed in accordance with the laws of Australia and/or the United States. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of either Australia or the United states. You agree the choice of which court, including which state, is the sole choice of Advanogy.com.

Website specific conditions#

Forums and other public areas#

If you wish to read or post messages in the Memletics forum, you agree to be bound by the rules of the forum as posted at the top of each forum. Those rules form part of this agreement.

We are under no obligation to monitor user activity, forums or other user posts on the website. We assume no responsibility for errors, omissions, infringements, defamation, obscenities or inaccuracies within these areas.

Site linking to memletics.com#

Please advise the webmaster if you wish to directly link to pages within memletics.com. We typically support such requests, however we reserve the right to determine which pages you may link to, if at all.

We do not allow our pages to be loaded into frames or other systems which cause our material to appear alongside material from another site. The pages must load into the user’s entire window without modification.

Memletics.com linking to other sites#

Websites linked from memletics.com are not under our control. We are not responsible the content, reliability or availability of any linked site. Listing and linking should not be taken as an endorsement or recommendation. We do not guarantee that links are correct, work all the time or that pages on linked sites are available or correct.

Service and defects#

The site may not be continuously available or error free. We may not fix some defects. The site, server and content may not be free of viruses or represent the complete functionality, reliability or accuracy of the services and materials provided.

Virus and hacker protection#

We make efforts to ensure our materials are virus free. You should take steps to protect yourself from viruses and hackers. We do not accept responsibility for any loss, disruption or damage arising from viruses, hackers and other illegitimate activities.

Licensed product specific conditions#

Single reader licenses#

Products sold under the single reader license may only be used by the individual who receives a license from Advanogy.com. This license allows the license holder, and their immediate family, to use the product they received a license for.

A single reader licensed product cannot be transferred from one individual to another individual, nor can the associated materials be transferred.

Single reader licensed products cannot not be shared between the employees of a company, nor lent, rented or resold to 3rd parties.

Multi-user and other licenses#

Multi-user licensing, content licensing, reseller and other agreements vary in their terms and conditions. They form an addendum to the Memletics Terms of Use agreement.

Contact and Questions#

You agree to contact us, and provide us at least 14 days to comply with a request, if you believe we have infringed your rights. This is prior to you making any further requests to Internet service providers, Internet authorities, other authorities or courts.

If you have any questions regarding this agreement, please consult an attorney or other relevant professional. We are unable to give legal advice specific to your situation.

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