TERMS AND CONDITIONS
Last Updated: July 21, 2020
MemberMouse, LLC, and our subsidiaries and affiliated companies (collectively, “MemberMouse” or “we”), may make products available to you for purchase through our website (the “Site”). Your purchase of any products or subscriptions through the Site is governed by these Terms of Sale
(“Terms of Sale”), our Terms of Service
(“EULA”), which are incorporated herein by reference.
BY PURCHASING, DOWNLOADING, INSTALLING OR USING THE SOFTWARE OR BY PROVIDING ANY FEEDBACK TO US, YOU AGREE TO BE BOUND BY THE TERMS OF THESE AGREEMENTS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE, INSTALL, COPY, OR USE THE SOFTWARE OR SUBMIT ANY FEEDBACK TO US.
If you have any questions regarding any of these policies or purchases made through our Site, please email us at [email protected]
1. Software License
MemberMouse, LLC grants you a nonexclusive, nontransferable license to install and use one copy of the Software in binary executable form [only on a single personal computing device] solely for your own business purposes.
The Software is the valuable property of MemberMouse and its licensors and is protected by copyright and other intellectual property laws and treaties. We and our licensors own all right, title and interest in and to the Software, including all copyright and other intellectual property rights in the Software.
2. License Limitations
This License is limited with regard to your use of the Software. You will not do, or authorize or permit any third party to do, any of the following: (a) distribute, license, sell, reverse engineer or obscure trademarks in the Software; (b) use the Software to promote content related to child exploitation, hate speech, sex, illegal or illicit purposes, or any other business deemed objectionable in our sole and exclusive judgement. The result of any of these activities will be termination of your account.
3. Pricing; Proration; Taxes
All prices are shown in U.S. dollars (except where otherwise noted) and any taxes or processing charges are additional. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment checkout screens. Several factors may cause this adjustment, such as variances between processor programs and changes in tax rates.
You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. If you do not pay such taxes or fees in connection with a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable. MemberMouse reserves the right to collect such taxes or other fees from you at any time.
– If you choose to upgrade a subscription you have previously purchased, you will be charged an amount equal to the difference in price between your old and new subscription pro-rated by the remaining time until your next payment.
– Each subscription is an automatically recurring billing cycle that renews monthly or annually, depending on the product purchased. The renewal price will be the plugin price as agreed to at the time of initial purchase, inclusive of any discounts and special offers.
– If you choose to cancel your subscription, and your renewal price is lower than the current listed price for your license (a “grandfathered” price), the lower renewal price will no longer be available to you.
If you choose to renew your subscription after it has been cancelled and your license has expired, you will be charged the current listed price for your license. We cannot apply older or grandfathered pricing to your new renewal purchase.
– If you go over the stated member limit for your pricing plan, you will be prompted to upgrade your plan to accommodate the additional members. If you choose not to upgrade your plan, you will be charged an overage fee each month that you are over the member limit on your plan.
Only valid credit cards and other payment methods acceptable to us may be used to purchase products or subscriptions through the Site, and all refunds will be credited to the same credit card or, in our discretion, other payment method. By submitting an order through the Site, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us to charge that card or other payment method for your monthly subscription amount on a monthly basis (including taxes, any amounts described on the Site). When you provide your payment information, you authorize us (or a third party service provider working on our behalf) to process and store your payment and other related information. In the event that the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter in order to proceed with your order.
YOU EXPLICITLY ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS AUTOMATICALLY RENEWING UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO OUR SERVICES IN ACCORDANCE WITH THIS AGREEMENT AND OUR END USER LICENSING AGREEMENT
If you add subscriptions at any time, the subscription periods for each of those subscriptions will begin on the date of purchase, at which time you will be charged the applicable price, and your payment card or other payment method provided will be charged automatically on an annual or monthly basis depending on the terms of your subscriptions thereafter for those subscriptions, in accordance with this Section 4.
Each monthly subscription will renew monthly on the 30th day after the date upon which it was purchased, and every 30 days thereafter, unless cancelled in accordance with Section 5. Each annual subscription will renew annually on the anniversary of purchase, and every year thereafter, unless cancelled in accordance with Section 5.
5. Cancellations & Refunds
You may cancel any or all of your subscriptions by logging into your account at www.membermouse.com, going to the My Account page, clicking the cancel button and following the applicable instructions. If you cancel any or all of your subscriptions, such cancelled subscriptions will end at the end of the current subscription period.
You will not be refunded any amounts paid for active subscription periods unless it is within 30 days of initial purchase.
6. Site Content
Our Site and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, Site marks, logos, slogans and other content contained therein (collectively, the “MemberMouse Content”) are owned by or licensed to MemberMouse and are protected under both United States and foreign laws. Any use of our Site or MemberMouse Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited.
for information about how we collect, use and disclose information about you.
8. Transfer and Processing of Data
MemberMouse is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing, transfer and storage of information in and to the U.S. and other countries, where you may not have the same rights and protections as you do under local law.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about MemberMouse or the Service (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Software or Services in MemberMouse’s sole discretion. You understand MemberMouse may treat Feedback as non-confidential.
10. Limited Warranty
All products made available through the site are provided “as is”. We cannot guarantee and do not promise any specific results from the use of products. We do not represent that our site is free of viruses or other harmful components; therefore, you should exercise caution in the use and downloading of any content or materials and use industry-recognized software to detect and disinfect viruses.
11. Limited Liability
MemberMouse will not be liable to you for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if MemberMouse have been advised of the possibility of such damages. MemberMouse shall have no liability of any kind for the use of or inability to use the software or any service that the software is intended to access, or for any loss of data. In no event shall the aggregate liability of the MemberMouse parties exceed the amount paid by you to MemberMouse in the twelve (12) months preceding the event giving rise to any applicable claim.
MemberMouse may terminate this Agreement at any time, with or without cause, immediately upon notice to you. MemberMouse may also discontinue the Service at any time, in which case this Agreement shall terminate automatically without notice. You may terminate this Agreement by ceasing use of the Software and Service, cancelling any account you may have with us to use the Service (if any), and deleting all copies of the Software in your possession or control.
13. Governing Law and Venue
These Terms and Conditions and your access to and use of our Site will be governed by and construed and enforced in accordance with the laws of Delaware, without regard to conflict of law, rules or principles (whether of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Delaware and the United States, respectively, sitting in Castle County, Delaware.
We reserve the right to change or modify the current Terms and Conditions with no prior notice.