Memolink Terms and Conditions

(Updated June 13th, 2005)

You must be at least 18 years old, be a United States resident and have a valid e-mail address to become a member (“Member”) of memolink.com ("Program"). Enrollment and participation in the Program is open to individuals only (no corporations or other legal entities can become members). Each individual is allowed only one active membership. Only one active membership is allowed per household. Any Member who registers for more than one Memolink account shall forfeit all points and pending prizes earned under all accounts. Memolink will have the sole discretion to determine if an individual has registered for more than one account.

Each individual who enrolls in the Program is responsible for providing the information requested as part of the registration process and for updating any such information to ensure its accuracy. Receipt of inaccurate or misleading information will adversely affect the ability of Memolink, Inc. (" Memolink ") to operate the Program and provide services to Members and partners. In this regard, Memolink reserves the right to terminate a Member’s membership in the Program and corresponding account (and remove any accrued points) if misleading or intentionally incorrect personal information is provided to us or any of our partners.

Points earned by a Member are for that Member’s account only and cannot be transferred or combined with other Member’s points for any purpose.

Once you become a Member of Memolink, you will receive a password and an account. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. The Member agrees to immediately notify Memolink of any unauthorized use of the Member’s account or any other breach of security known to the Member.

Members must respond to and complete offers via the online link provided by Memolink. Offers completed via telephone, postal mail or directly from a Partner’s website may not be valid unless specifically stated otherwise within said offer and may result in the member not receiving points for such offer.

Memolink is under no obligation to provide Members with any particular number of point earning opportunities.

In addition, Memolink may remove points from a Members account, cancel a pending prize award and/or and terminate said account if we feel that the Member has violated these terms and conditions or the terms and conditions of the partner’s offer.

Memolink shall be the sole determiner in cases of suspected abuse, fraud or violation of terms and conditions and any decision it makes relating to termination of an account (including forfeiture of points and pending prizes) shall be final and binding.

Members are required to log-in to the Memolink site at least once during any continuous 2 month period. If a Member fails to log-in to the Memolink site for 2 continuous months, that Member’s account will be terminated and all points from that account will be removed and forfeited. Members may request that their account be reactivated at anytime, however no forfeited points will be reinstated by Memolink.

Points awarded under the Program shall have no cash value. Points may be used only for the redemption of merchandise and services offered through redemption sites listed on the memolink.com site. The number of points awarded for each transaction shall be determined by the participating marketer and Memolink.

Memolink reserves the right to modify or discontinue the Program and/or modify future points awarded for various types of transactions or the points required to obtain prize awards by providing notice of such modifications on the memolink.com site. Memolink further reserves the right to modify, add to, or reduce the redemption sites and merchandise and services available for redemption by making such modifications, additions, or deletions on its website.

Points and rewards may not be bartered or sold.

Memolink Membership will terminate immediately in the event of Member’s death.

Prize awards:

If a member completes an offer for a particular prize, that prize will only be available for a limited period of time (generally 6 weeks after the start of the offer or promotion). If the prize is no longer available when a member redeems points for the prize, the member will be able to select an alternate prize requiring a similar number of points.

Generally, prizes are shipped within 4 to 8 weeks following the date a member redeems points for a prize. If you have not received your prize within this time period, please send an e-mail to Memolink customer support.

Disclaimer:

Memolink does not warrant or represent that Members will earn any specific number of points or that any specific merchandise or services will be available for redemption.

Memolink makes no representations or warranties, express or implied, with regard to any merchandise or services obtained by Members through the redemption of points under the Program. Only those guarantees, warranties, and representations, if any, offered by the manufacturers of merchandise or suppliers of services may be relied upon by Members.

Member expressly agrees that use of memolink.com is at the Member’s sole risk.

Memolink makes no guarantees that memolink.com will be available uninterrupted, secure or error-free.

Memolink .com is optimized to run with Internet Explorer 6.0. For best results, we recommend that all members use this browser when navigating the Memolink website and completing any offers to earn points. While other browsers may provide access and usability, we cannot guarantee optimal results and may not be able to support user issues that occur with other browsers.

Limitations on Liability:

Memolink , Inc, its directors, officers, employees and agents shall not be liable for any damages, special, consequential, or otherwise, arising out of, or in any way connected with Member’s participation in the Program, the use of information provided by Members under the Program, or the merchandise or services obtained by Members through the redemption of points under the Program.

Memolink is not responsible for losses that result from participating or inability to participate in the Program or reliance on or use of information, services or merchandise purchased on or through the Program. Furthermore, Memolink assumes no liability for changes or discontinuances of services from providers which may affect or otherwise affect accrual of points.

Robots and other Automated Processes:

Memolink reserves the right to block users and disable accounts that have been determined to have benefited from the use of automated scripts or 'robots.' Any such use of automation to earn points or disrupt memolink.com or associated website operations will be subject to applicable laws governing fraud.

Members shall not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of any part of memolink.com or the Program.

Submissions

If at our request you send content (e.g., community center content, testimonials, or contests) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions automatically become the property of Memolink (and, if necessary, you agree to execute and deliver such assignments and other documents as may be necessary or desirable to vest all rights of ownership in Memolink). Memolink reserves the right to edit testimonials for consideration of brevity and shall make no attempt to edit or change the meaning of said testimonial.

None of the Submissions shall be subject to any obligation of confidence on the part of Memolink, and Memolink shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Memolink shall exclusively own all now existing or hereafter existing rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

Disclaimer Regarding Shopping Retailers

Memolink .com provides shopping services and opportunities to help you locate and potentially purchase products from online and offline retailers. Memolink does not, however, control these independent retailers and Memolink does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services.

When shopping by means of services provided by Memolink you acknowledge and agree that:

Memolink does not endorse any of the products or services ("Merchandise") linked to, from or through the Memolink website, nor has Memolink taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through Memolink or their own web sites. Memolink expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties.

Memolink does not record any personal information passed from our members to our shopping or advertising partners, including any credit card information or passwords you may have provided to these partners.

Memolink points cannot be earned in conjunction with any other merchant’s outside promotion (i.e. free shipping, coupon codes, etc)

Terms for Free Gift Card or Prize Promotions (New Registrants)

You must complete a sponsored offer (or offers) during registration for the Program to receive your prize at no cost. Each registration offer specifically indicates the number of dollars, or the item, you will earn towards the full value of your prize. You will earn Memolink points, which will then be redeemable for any prize in Memolink’s prize catalog. You are not required to complete any one specific offer to earn your prize, but you may need to complete multiple offers of your choice depending on which certificate you are working towards. You will be responsible for redeeming your Memolink points for the prize of your choice. There is no shipping and handling fee for delivery of prizes.

*Please note that if a new Memolink registrant is routed to Memolink registration from a $250 gift card promotion, the new Memolink registrant MUST complete the "specific" offer during the registration process which specifies the $250 gift card as its reward.

Miscellaneous:

The provisions of the Program and all terms and conditions set forth above shall be governed and construed in accordance with the laws of the State of Colorado. Memolink reserves the right to make changes in these terms and conditions at any time by posting such changes on its website. It is the responsibility of the Member to check the Memolink Terms & Conditions regularly for such changes as you will be bound by the changes by using of the Program, including logging into your account.

The Terms and Conditions set forth above shall constitute the entire understanding between Memolink and each Member enrolled and participating in the Program.

Copyright 1998-2005 Memolink, Inc. All rights reserved. Customer Service


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