The online service ("Service") for operation of the MemoryJoggerLibrary™ Software is provided by GOAL/QPC Inc. or an authorized vendor (the "Provider") to licensed end-users ("End-User" is a unique named individual person, not a generic title, nor department name, nor company name etc.) only in accordance with the terms and conditions contained in this document (referred to as "Terms and Conditions") and any other use is prohibited. BY USING THIS SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW. IN ADDITION TO THESE TERMS AND CONDITIONS, USE OF THIS WEBSITE AND THE SERVICE IS SUBJECT TO ANY WRITTEN SOFTWARE LICENSE AGREEMENT OR CUSTOMER AGREEMENT EXECUTED BY YOU, OR IF APPLICABLE, YOUR COMPANY AND ALL OTHER TERMS AND CONDITIONS OF SUCH SOFTWARE LICENSE AGREEMENT OR CUSTOMER AGREEMENT ARE INCORPORATED BY REFERENCE HERE. IN CASE THERE IS A CONFLICT BETWEEN THESE TERMS AND CONDITIONS AND SUCH SOFTWARE LICENSE AGREEMENT OR CUSTOMER AGREEMENT, THE TERMS AND CONDITIONS OF SUCH SOFTWARE LICENSE AGREEMENT OR CUSTOMER AGREEMENT WILL CONTROL.
The Service is providing its End-Users with a capability to view books and materials online and comment on them. You must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the server this software resides on ("GOAL/QPC Servers") and (2) obtain access to the GOAL/QPC Servers and pay any telephone/internet service fees associated with such access.
The Provider may change the Terms and Conditions of service from time to time. These Terms and Conditions may not be changed or supplemented in individual instances except in a writing that is signed by an authorized representative of the Provider. It is your responsibility to check this document periodically for any changes or modifications, as there will be no individual notices to End-Users regarding such changes or modifications. Your continued use of the Service constitutes an affirmative acknowledgment by you of the Terms and Conditions and any subsequent modifications made to them and your agreement to abide and be bound by them.
The Provider reserves the right to modify the Service with or without notice to its End-Users.
Members of the Provider's technical staff may need to access your account information from time to time to ensure that the system is functioning properly. Any Provider employee with access to your information will be required to sign a non-disclosure agreement to keep your data secure. It is the Provider's policy to respect the privacy of its End-Users. Therefore, in addition to the privacy of account data the Provider will not monitor, edit, or disclose the contents of its End-Users' private information unless required to do so by law or in the good faith belief that such action is necessary to conform to the edicts of the law or comply with legal process served on the Provider or to protect and defend the rights or property of the Provider. As an End-User you acknowledge and understand that certain technical processing of GOAL/QPC applications and their content may be required to send and receive messages; conform to connecting networks' technical requirements; conform to the limitations of the Service; or conform to other similar requirements.
Once you become an End-User of the Service, you will receive a password and an account. You, alone, are responsible for maintaining the confidentiality of your password, and you agree that the Provider has no obligation with regard thereto. Furthermore, you are entirely responsible for any and all activities, which may occur under your account. You agree not to give your sign-in identity or password to anyone else, and not to sign in using any sign-in identity that is not your end-user identity. If you believe your password and/or PIN code has been lost or stolen, or that someone has gained access to your password without your permission, you must immediately notify the Provider by sending email to email@example.com. You may change your password at any time by following instructions provided. You may not create a user identity that is not for a unique End-user.
To the extent you utilize the Service, you acknowledge and agree that the Provider makes no guarantee that communications or transactions conducted online will be absolutely secure. You further acknowledge and agree that there may be system failure that may limit your ability to use the online services. You agree to assume all risk and liability arising from your use of the Service, including the risk of breach in the security of the communications or transactions you conduct with the Provider online.
The Provider reserves the right to suspend or terminate End-User access to The Service, ban, or delete an End-User Account under the following circumstances:
An End-User who does not access their account in over a year will lose the "free access" to the books they had free access to. All purchased access is for an initial three years. After three years there may be an annual fee.
END-USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE IS AT END-USER'S SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICE MAKES NO WARRANTY THAT THE SERVICE WILL MEET END-USER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. THE PROVIDER MAKES NO GUARANTEES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. END-USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT END-USER'S OWN RISK AND END-USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO END-USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY END-USER FROM THE SERVICE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
THE PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF END-USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE PROVIDER SHALL NOT BE HELD RESPONSIBLE FOR ANY MESSAGES RECEIVED BY END-USER, REGARDLESS OF THEIR CONTENT.
Your right to use the Service is personal to you. Therefore, an End-user may only be a unique named individual person, not a generic title, nor department name, nor company name, etc. You may not resell or make any commercial use of the Service, without the express written permission of the Provider. You may not otherwise use, modify, copy, print, display, reproduce, distribute, manipulate, or publish any information from this site without the express written permission of the Provider. At any time the Provider may, without notice, make changes to this site or to the online services or products described in this site.
You are solely responsible for the contents of your transmissions through the Service. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Therefore, you agree: (1) to comply with all applicable United States laws regarding the transmission of technical data exported from the U.S. through the Service; (2) that you shall not use the Service for illegal purposes; (3) that you shall not interfere or disrupt networks connected to the Service or take any action that imposes an unreasonable or disproportionately large load on this site or its network infrastructure or that adversely affects the Service; (4) that you shall not use any device, software, or hardware to bypass any operational element or to interfere, or attempt to interfere, with the proper working of this site, server or activities conducted therein; (5) that you shall not use any data mining robots ("bots"), hardware or software modules that add a specific feature or service by plugging into an existing larger system ("plug-ins"), or similar data gathering and extraction tools, scripts, applications, or methods on this site; (6) that you shall not decompile, reverse engineer, modify or disassemble any of the software in or associated with the network and/or server; (7) that you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Provider or use any trademark of the Provider except as expressly permitted by the Provider in writing; and (8) that you shall comply with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to send and receive certain messages; therefore, your conduct is subject to Internet regulations, policies and procedures. End-Users may not use the Service to send chain letters, junk mail or spam (unsolicited bulk e-mail) or to communicate with any person who has not given specific permission to be included in such communications. In addition, you may not transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. End-Users may not interfere with another End-User's use and enjoyment of the Service or another entity's use and enjoyment of similar services. The Provider reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these Terms and Conditions and to suspend or end your service for any operational or governmental reason or violation of these Terms and Conditions. The Provider may, at its sole discretion, immediately terminate Service should an End-User's conduct fail to conform to these Terms and Conditions. The Provider reserves the right to terminate any inactive account. Unauthorized use of this site or the network infrastructure and/or data display by a person or entity that is not the authorized user of the account is not permitted and the Provider reserves the right to take legal action.
You agree to indemnify and hold the Provider, its officers, directors, employees, subsidiaries, affiliates, successors and assigns, harmless from any third party claim or demand, including reasonable attorneys' fees, made in connection with or arising out of your use of the Service, your violation of the Terms and Conditions, or the infringement by you, or other users of the Service using your end-user license, of any intellectual property, right of privacy or publicity, or other right of any person or entity.
The Provider may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice. The Provider shall not be liable to you or any third party for termination of the Service.
Should End-User object to any Terms and Conditions of the Service or any subsequent modifications thereto or become dissatisfied with the Service in any way, your sole and exclusive recourse is to immediately discontinue your use of the Service; cancel your end-user license; and notify the Provider of your cancellation.
Upon termination of the Service, your right to use the Service (and any software contained therein) immediately ceases and you shall have no right and the Provider shall have no obligation thereafter to forward any unread or unsent messages to End-User or any third party.
Except as otherwise indicated herein, all notices to you from the Provider or from you to the Provider shall be in writing and shall be made via email or conventional mail. The Provider may post notices or messages through the Service to inform End-Users of changes to the Service, or the Terms and Conditions of service, or other matters of importance; such postings shall constitute sufficient written notice to End-User.
The Service and product names identified in the applications and this document are trademarks or service marks of the Provider. You may not use any trademarks or service marks of the Provider without the Provider's prior written permission. All other products or services referenced in this site are the trademarks or service marks of their respective owners.
End-Users acknowledge that content, including but not limited to text, photographs, video, graphics, software, music, sound, or other material presented to End-User by The Service (collectively referred to as "Content"), is protected under the laws of copyright, trademark, patent, unfair competition or other applicable laws. Therefore, you are only permitted to use this Content as expressly authorized by the Provider. End-Users may not copy, reproduce, distribute, or create derivative works from this Content without the express written authorization to do so by the Provider.
The Service, or this document, may include hyperlinks to websites maintained or controlled by third parties. The Provider is not responsible for and does not endorse the contents of, use of, or any of the products or services offered in these third party sites.
This Terms and Conditions agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflict of law provisions. Both End-User and The Service agree to submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts
If any provision(s) of these Terms and Conditions are held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Service's failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Provider in writing. End-User and the Provider agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose; otherwise, such cause of action is permanently barred.
BY INSTALLING, COPYING, DOWNLOADING, ACCESSING, OR OTHERWISE USING THE SOFTWARE YOU INDICATE ACCEPTANCE OF THIS AGREEMENT AND THE LIMITED WARRANTY AND LIMITATION OF LIABILITY SET OUT IN THIS AGREEMENT. YOU SHOULD THEREFORE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING, COPYING, DOWNLOADING, ACCESSING, OR OTHERWISE USING THIS SOFTWARE.
This Software License Agreement ("Agreement") is a legal agreement between you and, if applicable, your company ("you" or "Licensee"), and GOAL/QPC Inc. ("Licensor"). The Licensor is the manufacturer of this software product ("Software"). The Software, as that term is used in this Agreement, includes MemoryJoggerLibrary™ software (including all files, databases, libraries and any additional programs, updates, modifications, fixes, patches, upgrades, and revisions provided to the Licensee), the associated media, any printed materials, and any "online" or electronic documentation ("Documentation"). Any third party or other software provided along with the Software that is associated with a separate end-user license agreement is licensed to the Licensee under the terms of that license agreement. By installing, copying, downloading, accessing, or otherwise using this Software, the Licensee agrees to be bound by the terms of this Agreement and the Licensee represents that he or she is authorized to accept the conditions of this Agreement individually and, if the Software is to be used by the Licensee's company, on behalf of the Licensee's company. If you do not agree to the terms of this Agreement or if you do not have the authority to accept the terms of this Agreement, you may not use or copy the Software, and you should destroy the Software and notify Licensor in accordance with Section 7 of this Agreement.
A manually signed license agreement between the Licensee and the Licensor, if applicable, will supersede any conflicting terms in this Agreement. The text of this Agreement can also be found in the on-line help system and printed from there.
If you have received a copy of the Software from Licensor or an authorized vendor, but you have not yet purchased a license to use the Software and an annual maintenance contract for the Software, the Licensor grants you a personal, non-transferable, non-exclusive, limited license to install, access, and use the Software for your own internal use solely for purposes of evaluating the Software for no more than sixty (60) days. When the Software is used on an evaluation basis, it may not have the full functionality described in its accompanying documentation.
Grant of License. Unless a valid license and an annual maintenance contract is provided by Licensor or an authorized vendor, this Agreement ONLY grants the end-user rights the right to use the Software for evaluation purposes in accordance with Section 1 above. Subject to the terms and conditions of this Agreement and any applicable terms and conditions of the purchase order or other agreement between the Licensee and Licensor that define the terms of the purchase and permitted use of the Software, which terms and conditions are incorporated herein by reference, Licensor grants to Licensee a limited, non-exclusive, non-transferable, license:
No product support for the Software is provided unless a separate written Terms and Conditions of Service agreement is entered into by Licensee and Licensor or an authorized vendor.
Licensor has and shall have sole and exclusive ownership of all right, title, and interest in and to the Software and all portions and copies thereof. In addition, Licensor shall have sole and exclusive ownership of any additional programs, updates, modifications, fixes, patches, upgrades, and revisions provided to Licensee for the Software and any copyrightable or patentable suggestions or ideas communicated by the Licensee to the Licensor. No title is transferred by this Agreement or by the payment of any fee. If title to the Software or any part or element thereof does not, by operation of law, vest in Licensor, Licensee hereby assigns to Licensor, or its designee all right, title and interest in and to the Software.
In partial consideration for the rights granted to Licensee herein, Licensee shall pay to Licensor or an authorized vendor the fees in accordance with the terms and conditions of the purchase order or other agreement(s) between the Licensee and Licensor or an authorized vendor that define the purchase and permitted use of the Software, which terms and conditions are incorporated herein by reference. Each party will be responsible for its own expenses incurred in rendering performance under this Agreement, including the cost of facilities, work space, computers and computer time, development tools and platforms, utilities management, personnel, supplies and the like.
If you are unwilling or unauthorized to execute this Software License Agreement, you should destroy the Software and all copies thereof and notify Licensor or an authorized vendor from which it was received within ten (10) days thereof.
Licensee hereby acknowledges and agrees that the Software and Documentation constitute and contain valuable proprietary products and trade secrets of Licensor and/or its suppliers, embodying substantial creative efforts and confidential information, ideas, and expressions. Accordingly, Licensee agrees to treat (and take reasonable precautions to ensure that its employees treat) the Software and Documentation as confidential in accordance with the confidentiality requirements and conditions set forth in this Section 10, to enforce the limitations and restrictions set forth in Sections 2 and 3 of this Agreement, and to permit access only to End-Users authorized to use the Software. Each party agrees to keep confidential all confidential information disclosed to it by the other party in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of confidential information); provided, however, that neither party shall have any such obligation with respect to use of disclosure to others not parties to this Agreement of such confidential information as can be established to: (a) have been known publicly; (b) have been known generally in the industry before communication by the disclosing party to the recipient; (c) have become know publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; (d) have been known otherwise by the recipient before communication by the disclosing party; or (e) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information. Licensee acknowledges that the unauthorized use, transfer or disclosure of the Software and Documentation or copies thereof will (i) substantially diminish the value to Licensor of the trade secrets and other proprietary interests that are the subject of this Agreement; (ii) render Licensor's remedy at law for such unauthorized use, disclosure or transfer inadequate; and (iii) cause irreparable injury in a short period of time. If Licensee breaches any of its obligations with respect to the use or confidentiality of the Software or Documentation, Licensor shall be entitled to equitable relief to protect its interests therein, including, but not limited to, preliminary and permanent injunctive relief.
Google™ and Gmail™ are trademarks of Google Inc.
MemoryJoggerLibrary™ and Memory Jogger Digital Library™ are trademarks of GOAL/QPC Inc.
MemoryJoggerLibrary is in no way affiliated with Google Inc. It merely uses Google products and services to aid sign-in.