Terms and Conditions
This page includes most of the legal terms applicable to your use of this website and the products offered on this website.
Last updated: March 8th, 2023
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Indiana, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to The Memory Compass, LLC.
Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to The Memory Compass, LLC, accessible from thememorycompass.com.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By email: firstname.lastname@example.org
By phone number: (317) 501-7424
Effective Date: July 3rd, 2023
All references in this license to “us” and similar words such as “we” and “our” (even if not capitalized) mean Memory Compass, LLC, DBA The Memory Compass, LLC. All references to “you” and similar words such as “your” (even if not capitalized) mean the individual purchasing or otherwise accessing our Products, and if you are doing so on behalf of a business entity, then it means both you and that business entity.
This license will apply to your use of all Products we provide or sell to you, except to the extent we have a different written agreement with you with respect to specific goods we provide or sell to you. For clarity, “Product” means all digital goods or courses offered on our website https://www.thememorycompass.com/shop and https://thememorycompass.practicebetter.io/#/648cc0020c22bd623ca4473c/profile and other platforms operated by us. “Product” includes both free downloads and paid products such as workbooks, videos, templates, and the like.
Some products we offer are sold directly on our website, while others are sold on related platforms we use to make your experience better (for example, Practice Better).
To purchase a product, you will be required to provide payment information to us or the other platform. By providing that payment information, you are authorizing us and those platforms to charge your payment information for the products you purchase. If your purchase requires multiple payments (either installments or subscription payments), then we or the platform will use your payment information to make those charges as well. In those instances, you must ensure that your payment information remains valid and up to date so that we can make those charges. If your payment information is declined for any reason, then we may terminate your rights to use the Products. Except as provided in this license, all fees must be paid in advance, are non-cancelable, and non-refundable. All fees are exclusive of taxes and similar government assessments of every nature and form, all which must be paid by you. We may also offer free, promotional Products, in our sole discretion. We may withdraw your right to use any one or more of such promotional Products at any time, for any reason, with or without notice to you.
You are responsible for everything that happens through your account. You must keep your account credentials private and may not allow other people to use your account.
You may terminate your user account (and/or your use of Products you purchase) at any time, subject to the other provisions in this license.
If you purchase a Product using installment payments, and you terminate your user account before making all installment payments to us, then all unpaid installments will become immediately due upon your termination. We may charge your payment information for all such unpaid installments upon that termination.
If you purchase a Product that involves subscription payments, and you terminate your user account while your subscription is active, then you will be responsible for paying us all subscription fees until your then-current subscription period ends (which may be monthly, annually, or a different term). In most situations, you will have already paid for that subscription term, which means you will not owe us additional subscription fees (but we will not be required to issue a refund for the unused portion of your subscription).
License to Use the Product
If you purchase a Product from us (or otherwise access a free Product from us, with our permission), and provided you pay all applicable fees for the Product, then we automatically grant you a limited license to use the same in accordance with this license.
What You Can Do
The license we grant you to use the Product includes only the rights contemplated in this section.
Save and duplicate your copy of the Product for your own use.
Fill in the blanks in your copy of the Product for your own use.
Edit your copy of the Product for your own use.
For Products which are clearly intended to be shared with other parties (for example, a template for your client), you can share the filled-in versions of the Product (but not the template version itself) with those other parties, including any edits you make to the same.
Exercise these rights anywhere in the world, an unlimited number of times, with or without attribution to us.
What You Cannot Do
The license we grant to you to use the Product is limited.
You cannot do any of the following:
Share the Product with a third party, except as expressly permitted by us.
Make the Product publicly available to one or more third parties (for example, don’t make it available for download online), except as expressly permitted by us.
Sell the Product, assign your license, or sublicense your rights in this license, to any third party.
Create any derivate work using all or any portion of the Product which is then shared, sold, or licensed, to third parties.
Take any action to indicate that you own the copyright to the Product.
Use the Product in any way which is libelous, slanderous, or otherwise defamatory, illegal, obscene, or indecent.
Use the Product in any manner not permitted in this license.
Payments for Sharing Paid Products
If you share a paid Product with a third party in a manner not permitted in this license, and that third party uses that Product or exercises any of the rights in this license without purchasing the same, then we may invoice you for such use at the then current purchase price and you shall pay the purchase price for that third party user.
You may terminate your use of Products any time, subject to your obligations in this license.
If you breach any provision in this license (including your failure to pay us all fees applicable to your Product), then we may terminate the license granted to you and we will not have any obligation to refund your purchase price. Upon such termination, you shall immediately cease all future uses of the Product and all rights granted to you in this license will automatically be revoked.
We Own the Products and Associated Copyright
Your purchase of (or otherwise accessing) a Product does not constitute any assignment or transfer of ownership of the Product (or underlying intellectual property, including copyright, to the same). For clarity, as between you and us, we own and will continue to own all Products and all underlying intellectual property, including copyright to the same.
Disclaimers & Limitations of Liability
All references to “us” (and similar words such as “we” and “our”) in this section mean us and our parents, subsidiaries, and affiliates, and the respective owners, directors, officers, managers, employees, contractors, and other representatives, of us and our parents, subsidiaries, and affiliates.
Except as expressly provided in this license, the following provisions will apply to all Products you purchase (or otherwise access).
All Products are offered on an “AS IS” and “AS AVAILABLE” basis without any representations or warranties of any kind.
Without limitation, we do not represent or warrant that (a) the information in the Products is free from error; (b) the functionality of the Products will be uninterrupted, secure, or free of errors; (c) defects in the Products will be corrected; or (d) that the Products or the equipment the Products use are free of viruses.
To the fullest extent permitted by law, we disclaim all representations and warranties (express, implied, and statutory), including the implied warranties of merchantability, title, fitness for a particular purpose, accuracy of data, and non-infringement; and also all liability for identity theft and other misuse of your identity or content.
We do not vet content submitted by users of our Products and we do not represent or guarantee that any such content is truthful or accurate or that you will have any right to use that content.
We do not warrant, endorse, guarantee, or assume responsibility for, any product or service advertised or offered by a third party on our services, or for any other websites or applications which are linked to or referenced in our services. If you use or purchase any such products or services, or if you click on any such links, you do so at your sole risk.
We will not be liable to you or any third party for any indirect, special, incidental, consequential, cover, or punitive damages (including lost profits or revenues, loss of data, loss of use, or costs of obtaining substitute goods or services), arising out of or in connection to the Products or any links provided in our services.
All limitations of liability in this license will apply regardless of whether you or the third party bases your/its claim on contract, tort, strict liability, or any other legal theory, and whether we knew or should have known about the possibility of such damages.
All limitations of liability in this license will apply to the fullest extent permitted by law.
Subject to the limitations of liability in this license, our liability to you or any third party will not exceed the amount you paid for the Products.
Any cause of action or claim which you may have which arises out of or in connection to the Products must be brought (if at all) within one year after the cause of action or claim accrued. Otherwise, such cause of action or claim will be permanently barred.
All the foregoing limitations will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law.
Some jurisdictions do not allow certain disclaimers, limitations of liability, and exclusions. To the extent such jurisdictions’ laws are applicable to your use of the Products, such disclaimers, limitations of liability, and exclusions, will be limited to the extent permitted by the applicable law.
You shall indemnify us and our parents, subsidiaries, and affiliates, and the respective owners, directors, officers, managers, employees, contractors, and other representatives, of us and our parents, subsidiaries, and affiliates (the “Protected Parties”) against all reasonable expenses including attorneys’ fees, costs, and damages of every kind (the “Losses”) arising out of any suit, claim, investigation, or proceeding, which is threatened or brought against a Protected Party, related to your (a) use of any one or more Product (b) breach of this license, or (c) violation of applicable law. We may, at your expense, assume the exclusive control and defense of any such matter. You shall cooperate, at your expense, with our control and defense of any such matter. You shall not settle any such matter without our prior written consent.
Governing Law & Jurisdiction
Your use of our Products (including your purchase of our Products) and these license terms will be governed by and construed in accordance with the laws of Indiana excluding its conflict of law principles. With respect to any dispute arising out of or related to any of the foregoing, both you and we consent to jurisdiction in, and the exclusive venue of, the state courts in Indiana, or when applicable any U.S. District Court in that state.
Waiver of Jury Trial
You and we each waive trial by jury in all actions, proceedings, or counterclaims brought by either party against the other on any matter arising out of or in any way connected to this license.
Any failure or delay by us to exercise any right or remedy in this license will not operate as a waiver of the same. Any waiver by us of a breach by you of any provision in this license will not operate as a waiver of any subsequent breach. Any waiver by us will not be effective unless and until it is in written form and signed by us.
Each provision in this license will be treated as separate and independent of the other provisions. Accordingly, if a court with competent jurisdiction declares a provision unenforceable, then the provision will be limited to the minimum extent necessary so that it remains enforceable. If such amendment is not possible, then the unenforceable provision will be deemed removed from this license, but the remaining provisions will remain in full force.
You may not assign your rights or obligations in this license or any policies referenced in this license without our prior written consent. Any attempted assignment by you will be null and void. We may assign our rights and obligations in this license at any time, for any reason, with or without notice to you.
Power to Amend this License
The provisions in this license will apply to Products you purchase or otherwise access. If we amend this license in the future, then the amended version will apply to Products you purchase or otherwise access in the future.
Unless otherwise required by these this license or by law, you may contact us at email@example.com.
After purchase, you will be granted access to our online course. Most courses contain videos, audio clips, and downloadable PDFs.
After purchase, you will receive a confirmation email of your purchase. On the day the course becomes available, you will receive an email granting you access to the course.
Digital Products and Workbooks
After purchase, you will be redirected with download links to your digital products. You will also receive an email with the links to download your purchased digital products.
Due to the nature of the products and services we sell, we do not offer refunds. Notwithstanding the foregoing, if a specific product or service page (or associated checkout process) offers a refund option for that specific product or service, then we will honor that refund option with respect to that specific product or service. If you have any questions with respect to your purchase or payment, please reach out to firstname.lastname@example.org
Chargeback Prevention Policy
If you initiate a chargeback, merchant dispute, or other proceeding with your financial institution with respect to a valid purchase you make from us, then we may share all information and documents with your financial institution for the purposes of defending our right to collect (and retain) your payment for the purchase.
If you are successful in obtaining a chargeback (or similar refund) because of the proceeding, then we may invoice you for the full unpaid purchase price of all products and services which you received from us and you shall pay us all valid amounts in that invoice within 30 days of receipt. If you do not timely make that payment, then we may pursue all remedies available to us, including instituting legal action in any court with competent jurisdiction to enforce our right to receive that payment. If we are successful in any such proceeding, then you shall reimburse us for all our reasonable costs and expenses (including attorney’s fees) we incur in seeking that payment from you.
Copyright License Summary
This is important! You Should Read This!
We are excited to offer free and paid educational content to you. Your use of this content is subject to our Copyright License, which is available at https://www.thememorycompass.com/legal-terms
You should read that license, but here are a few key points:
We own our content. As between you and us, we own all content, including all copyright in the same (except as otherwise agreed to between you and us in a signed writing).
Don’t share our content with others. Sharing our copyrighted content with other people without our permission is considered copyright infringement.
Use our content for your own purposes. You can use the content you purchase (and the content we make available to you for free) for your own business purposes. For example, you can fill in checklists and forms. However, you cannot share our content with others (see above). Be sure to review the license to fully understand what you can (and cannot) do with our content.
We cannot be liable for your actions. Please be sure to read the disclaimers and limitations of liability in the license. We do not assume any liability due to your use of our content. We also cannot guarantee that our content is fully accurate or complete.