Terms of Use

1. ACCEPTANCE OF TERMS
By using this site (the "Site") and the services described on this Site ("Services") , you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). You may not make any changes to or modification of these terms. By registering and being a member you agree to be bound by all Terms and Conditions of the Services. If you do not agree to these Terms of Use do not use the Site. -----Jaytu Technologies, LLC dba Memo to Me---- ("we" or "Birthday.org") reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

2. BIRTHDAY.ORG'S OBLIGATIONS TO YOU
Subject to the Terms of Use, Birthday.org will (a) Remind you of aspects of Your Obligation to Birthday.org at appropriate times during your use of the Services. (b) Treat your personal information in a responsible manner. See the paragraph on Member Account, Password and Security and our Privacy Policy. (c) Supply you with access to an on-line facility to remind you of friends' and relatives' birthdays. d. Supply the Services using operating procedures designed to ensure the Services' security and system availability. e. Answer any queries you have regarding the Terms of Use, Services and the operation of your account.

3. YOUR OBLIGATIONS TO BIRTHDAY.ORG
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Site's registration and/or payment forms, (such information being the "Registration Data") (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Birthday.org has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Birthday.org shall have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). (c) read, acquaint yourself fully and comply with all aspects of the Terms of Use. If there are any aspects which you do not fully understand you will seek clarification from Birthday.org, (d) at all times use the Services in good faith and in a responsible manner. (e) not allow anyone other than yourself and Birthday.org to access your account,(f) use the Services solely for your own benefit and shall not sell, lease, assign, lend, hire or gift any part of the Services in whole or in part to any other person without Birthday.org's prior written approval.(g) use the Services only for lawful purposes and in a manner which does not infringe the rights of or restrict or inhibit the use of the Services by any Member and/or Birthday.org.

4. PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Birthday.org, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Birthday.org is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Site is strictly prohibited without the express written permission of Birthday.org. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please contact us at support@birthday.org.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Birthday.org of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Birthday.org cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

6. MEMBER CONDUCT
As a condition of your use of the Services, you guarantee to Birthday.org that you will not use the Services for any purpose that is unlawful and/or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Services. By way of example, and not as a limitation, you agree NOT to: (a) Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others. (b) Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information. (c) Create a false or misleading identity of, including, but not limited to, a BirthdayAlarm employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others. (d) Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. (e) 5.Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means. (f) Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right ('Rights') of any party or infringes any intellectual property law or any other applicable law. (g) Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation. (h) Interfere with another member's use and enjoyment of the Services. Without prejudice to any paragraphs of the the Terms of Use, Birthday.org has no obligation to monitor the Services or any member's use thereof.

7. TERMINATION
You agree that Birthday.org, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if Birthday.org e believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Birthday.org may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Terms of Use agreement may be effected without prior notice, and acknowledge and agree that Birthday.org may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Birthday.org shall not be liable to you or any third-party for any termination of your access to the Site or for your loss of any data or information you have stored on the Site. Birthday.org reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Birthday.org shall not be liable to you or any third party for any modification to or discontinuance of the Services. Should you decide to cancel your account, you may do so by emailing support@birthday.org. Any unused credits or funds in your account shall be forfeited upon cancellation.

8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Birthday.org shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

9. LINKS
The Site may provide, or third parties may provide, links to other World Wide Web Sites or resources. Because Birthday.org has no control over such Sites and resources, you acknowledge and agree that Birthday.org is not responsible for the availability of such external Sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Sites or resources. You further acknowledge and agree that Birthday.org 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 use of or reliance on any such content, goods or services available on or through any such Site or resource.

10. BILLING
Birthday.org members who are on a billing plan will be subject to charges for software and/or use of the Site in accordance with Birthday.org's standard billing practices.

11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIRTHDAY.ORG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. BIRTHDAY.ORG MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIRTHDAY.ORG OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIRTHDAY.ORG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BIRTHDAY.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (e) ANY OTHER MATTER RELATING TO THE SITE.

13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.

14. INDEMNIFICATION
Upon a request by Birthday.org, you agree to defend, indemnify, and hold harmless Birthday.org, all of its affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site. Birthday.org reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Birthday.org in asserting any available defenses.

15. INTERNATIONAL USE
Birthday.org makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

16. CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the laws of the state of Florida, United States, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the state of Florida, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.