Terms And Conditions
Agreement is a Legally Binding Contract between You and Member App
Before accessing, registering, and otherwise using Member App Site, please read this Agreement carefully. This Agreement forms a legally binding contract between Members and Visitors (collectively “You”) and Us.
BY USING MEMBERAPP, YOU AGREE TO THIS AGREEMENT AND AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO DO SO. IF YOU ARE USING THIS SITE ON BEHALF OF YOUR EMPLOYER, YOUR ACCEPTANCE OF THIS AGREEMENT IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER AND MEMBER APP, AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THIS AGREEMENT.
If you (or your employer) do not agree to all terms set forth in this Agreement, you must immediately leave and not return to this Site. Otherwise, by accessing and using this Site, you are agreeing to be bound by this Agreement.
In this Agreement, we refer to our customers’ members and contacts and such as "Members," and to people who use your areas of the Site without registering as "Visitors." Members and Visitors shall be referred to together as the "You.”
Changes to Agreement and Site
The effective date of this Agreement is set forth at the top of this webpage. As we add new features or laws change, we may modify this Agreement at any time by updating the Agreement and posting it on our Site. Any amended Agreement will supersede all previous versions of such Agreement.
If you are a Member App customer, in addition to posting the updated Agreement on our Site, we may notify you of changes to this Agreement at the email address you maintain in your account. Therefore, you should keep your email address up-to-date.
You are bound by our changes to the Agreement. Therefore, you should visit this page periodically to review this Agreement. Your continued use of our Site after any modified Agreement is posted constitutes your acceptance of the amended Agreement. We may make changes to our Site or discontinue our Site at any time.
Your Affirmations concerning Use of this Site
It is your responsibility to determine whether your use of the Site is lawful, and you must comply with all applicable laws in using the Site. You are not permitted to use the Site for any illegal purpose. If you choose to remain on this Site or later return to this Site, you affirm to abide by our acceptable use Policy.
Third Party Sites and Services
Member App may include or otherwise utilize third-party plug-ins, links and applications (“apps”) on its Sites. Such third-party plugins, links, and apps are not under the control of Member App, and Member Appis not responsible for such third-party plugins, links or apps, or for any information or materials on or any transmission received from any linked services. The inclusion of a third-party plug-in or link does not imply endorsement by Member App of the third party or any association of Member Appwith the third-party operators. We do not endorse any third-party product or service, and we are not responsible for the content or reliability of any third-party product or service. Member App provides such plug-ins and links for your convenience only. You access such plug-ins and links at your own risk. Some of our Site content may be provided by third parties. Member Appis not responsible for any such third-party content.
Privacy and Security
Validity of Contract, Disclaimer of Warranties, and Limitations of Liability
MEMBER APP SITES AND SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF CONTENT ON OUR SITES OR RESULTS TO BE ACHIEVED FROM USING OUR SITES. YOUR USE OF THE SITE, INCLUDING ALL CONTENT ON OUR SITE IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, MEMBER APP SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, FREEDOMS FROM DEFECTS, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE.
MEMBER APP DOES NOT WARRANT THAT: (1) ALL OF OUR SITES WILL MEET YOUR REQUIREMENTS; (2) OPERATION OF OUR SITES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE; OR (3) ANY ERRORS WILL BE CORRECTED. IF YOUR USE OF MEMBER APPS SITES/SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, OR LOSS OF PROFITS OR DATA, MEMBER APP WILL NOT BE RESPONSIBLE FOR THOSE COSTS. ANY ORAL OR WRITTEN ADVICE PROVIDED BY MEMBER APP OR ITS AUTHORIZED AGENTS DOES NOT AND WILL NOT CREATE A WARRANTY. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, WHICH MEANS THAT SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
If you are dissatisfied with our Sites, including the content of our Sites, your sole remedy is to discontinue use of our Sites.
YOU AGREE THAT IN NO EVENT WILL MEMBER APP OR ANY OF ITS SERVICE PROVIDERS OR ANY THIRD PARTIES REFERENCED ON ANY OF THE MEMBER APP SITES BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER TYPE OF DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN ANY WAY IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE MEMBER APP SITES AND THEIR CONTENT, WHETHER BASED IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE OR OTHERWISE), OR ANY OTHER LEGAL THEORY EVEN IF MEMBER APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF MEMBER APP SITES. THIS DISCLAIMER OF LIABILITY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IF FOR ANY REASON THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION IS/ARE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, MEMBER APP MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO $100 USD.
You acknowledge and agree that the above-asserted limitations of liability, together with the other provisions in this Agreement that limit liability, are essential terms and that Member Appwould not be willing to grant you the rights set forth in this Agreement but for your agreement to the above-asserted limitations of liability.
You agree, at your own expense, to defend, indemnify, and hold harmless Member App and its clients, co-branders, partners, and third-party service providers, as well as all of our and their subsidiaries, affiliates, related entities, directors, officers, shareholders, employees and agents from and against all losses, liabilities, claims, actions or demands, including without limitation, any money damages, expenses, costs of defense, including reasonable attorneys’ and accounting fees, brought against Member App by any third party arising from your use of a Member App Site or your violation of any of the terms set forth in this Agreement, the rights of a third party, or applicable law. This indemnification provision does not apply to the extent prohibited by applicable law. Member App reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of Member App may be made without Member App’s prior written approval.
Except for any disputes relating to intellectual property rights or obligations, or any infringement claims, all of which shall be governed by Hong Kong law, any dispute between you and Member App and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to this Agreement and the interpretation or the breach, termination or validity thereof, shall be governed by and construed and enforced in accordance with the laws of Hong Kong regardless of your country of origin or where you access the Sites, and notwithstanding any conflicts of law principles.
Your Rights and Obligations are Not Transferable
This Agreement and your rights and obligations under it are not transferable by you to any other person. We may transfer our rights and obligations to the acquirer upon any sale of all or a part of our business.
Your affirmative act of using and/or registering for Member App Sites constitutes your consent to enter into agreements with us electronically.
Geographic Restrictions/Export Controls
You acknowledge that for legal or operational reasons you may not be able to access Member AppSites or Site content in your jurisdiction. You are responsible for compliance with all local laws, including local laws regarding the import, export, or re-export of Site content.
Member App Sites may be subject to export control laws in certain countries. You agree you will comply with such laws and regulations, and you will not, directly or indirectly, export, re-export or release Member AppSites to, or make Member App Sites accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You further agree you will comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making Member App Sites available. Additionally, by downloading any content from Member App Sites, you are agreeing that you are not in a country to which such export is prohibited.
Fees and Refunds
Fees charged for using the Site are payable in the amounts and in the manner described on the Site. Fees are subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes to the Site. If you are a paying customer and we change the fees, we will also notify you at the email address you provide in your registration information. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You shall be responsible for payment of all taxes, levies, or duties imposed by taxing authorities for any payment or fees you may collect through the Site. All currency references on the Site are to U.S. dollars.
Refund requests can be made within 30 days of your purchase as stated within our 30 day refund policy. If you wish to request a refund you may within 30 days of your initial purchase. To request a refund you must message us in support and formally request a refund to firstname.lastname@example.org or http://support.memberapp.io. If we do not receive your refund request and an invoice or invoice number within 30 days of your original purchase to the correct email address or support desk then a refund cannot and will not be issued.
Subscription payments & cancellations
If you have a subscription and you want to cancel your subscription. You must send an email with your invoice to email@example.com or file a ticket with us at http://support.memberapp.io requesting cancellation. If any additional charges come out of your account after the date of your cancellation request then they will be refunded to you upon cancellation. If you do not request cancellation and a subscription payment occurs then you cannot request a refund on the subscription payment. We do not offer refunds on any subscription payment after the initial 30 day refund period after first subscribing to the service.
At its sole discretion, Member Appmay modify or discontinue Member App Sites, or may modify, suspend, or terminate your account and your and your Members’ and the public’s access to your Member App Sites, with or without notice to you, at any time for any reason, without liability to Member App or to any third party. For example, your Account may be cancelled and your access to Member App Sites denied, with or without notice, if you breach or facilitate or permit any breach or violation of this Agreement or if your account is in arrears. As another example, Member Appmay terminate your Account and your ability to use Member App Sites, with or without notice, if Member App has reason to believe that you have provided untrue, incomplete or inaccurate information, or have otherwise failed to comply with this Agreement or any applicable Additional Terms.
If we terminate your account for cause under this Agreement, you shall not be entitled to any refund for any remaining period under your account. Termination will not limit any of Member App’s other rights or remedies. This Agreement will expressly survive, and will still be in effect, despite any such modification, discontinuation, suspension, and/or termination.
Claims of Copyright Infringement
Member Apprespects intellectual property rights of others. If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated in or through Member AppSites, please contact us with your claim and we will accommodate such claim accordingly on a case by case basis.
Your notification must include the following information:
- state the claimant's name and address;
- identify the copyright material that is alleged to have been infringed and the claimant's interest or right with respect to that material;
- specify the location data (e.g. the web address or Internet address associated with the alleged infringement);
- specify the infringement that is alleged; and
- specify the date and time of the alleged infringement.
- If any provision of this Agreement is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.
- If Member App fails or you fail to perform any obligation under this Agreement, and the other party does not enforce such obligation, failure to enforce on any occasion will not constitute a waiver of any obligation and will not prevent enforcement on any other occasion.
- Nothing contained in this Agreement will be deemed to constitute Member App or you as the agent or representative of the other or as joint venturers or partners.
- Headings and captions are for convenience only, and shall not be binding on either party.