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Terms of Use

Last Updated: May 18, 2018

Effective: May 25, 2018

You can see our previous Terms of Use here.

Welcome to Remember The Milk! Before you register for an account, you must read and agree to the Remember The Milk Terms of Use, which covers all services provided on or by Remember The Milk ("Services"), including any future amendments (collectively, the "Agreement").

This Agreement also specifically incorporates by reference the following documents:

By using Remember The Milk, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please log out of Remember The Milk and cease any use of our Services. We only agree to provide use of Remember The Milk and the Services to you if you assent to this Agreement. BY USING REMEMBER THE MILK, YOU ARE AGREEING THAT ANY DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY ARBITRATION. SUCH ARBITRATION WILL BE BINDING. YOU ARE HEREBY WAIVING YOUR RIGHT TO A TRIAL OR CLASS ACTION. FURTHER INFORMATION CAN BE FOUND BELOW.

Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

  1. Description of Service. Remember The Milk is a task management application (the "Service") from Remember The Milk Inc. ("Remember The Milk"). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Remember The Milk disclaims all responsibility and liability for the availability, timeliness, security, or reliability of the Service. Remember The Milk also reserves the right to modify, suspend, or discontinue the Service, with or without notice at any time and without any liability to you.

  2. Personal Use. The Service is made available to you for your personal use only. You must be at least sixteen (16) years of age to use this Service. You must provide current and accurate identification, contact information, and any other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, as well as for all activities that occur thereunder. Remember The Milk reserves the right to refuse service to anyone at any time, without notice and for any reason.

  3. Acceptable Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of, and compliance with the Agreement, including the Remember The Milk Program Policies ("Program Policies"), located at https://www.rememberthemilk.com/help/program.rtm, or such other URL as Remember The Milk may provide from time to time. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not agree to, nor authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Remember The Milk; (ii) upload, transmit, or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual, or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Remember The Milk reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred, or to comply with any applicable law, regulation, legal process or governmental request.

  4. Content of the Service. Remember The Milk takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Remember The Milk have any obligation to monitor such third party content. Remember The Milk reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Remember The Milk also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property, or safety of Remember The Milk, its users and the public. Remember The Milk will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

  5. Data Loss & Downtime. We may need to interrupt your access to Remember The Milk to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to Remember The Milk may be affected by anticipated, unanticipated, scheduled, and/or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime. While Remember The Milk attempts to maintain the safety and security of the Services according to industry standards, no transmission of data via the Internet is completely secure. Thus, you agree that your use of Remember The Milk and the Services is at your own risk.

  6. Intellectual Property Rights. Remember The Milk's Intellectual Property Rights. You acknowledge that Remember The Milk owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "Remember The Milk Rights"), and such Remember The Milk Rights are protected by international intellectual property laws. You agree that Remember The Milk and all Services provided by Remember The Milk, are the property of the Remember The Milk Inc., including all copyrights, trademarks, trade secrets, patents and other intellectual property, including, but not limited to, Remember The Milk Inc., Remember The Milk, and any other trademarks or service marks found on the Remember The Milk mobile applications, desktop applications, and website ("Remember The Milk IP").

    The Remember The Milk IP also includes a copyright in the entirety of the Remember The Milk mobile applications, desktop applications, and website. You agree that we own all right, title, and interest in and to the Remember The Milk IP, and that you will not use the Remember The Milk IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Remember The Milk IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, domain names, or Uniform Resource Locators (URLs), without express written permission from us. You further agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The Remember The Milk Rights include the rights to (i) the Service developed and provided by Remember The Milk; and (ii) all software associated with the Service.

  7. Your Intellectual Property Rights. Remember The Milk does not claim any ownership in any of the content that you upload, transmit, or store in your Remember The Milk account. We will not use any of your content for any purpose except to provide you with the Service.

  8. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Remember The Milk to participate in the Services is correct and current; and (b) you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.

  9. Privacy. As a condition to using the Service, you agree to the terms of the Remember The Milk Privacy Policy located at the following link: https://www.rememberthemilk.com/help/privacy.rtm.

  10. Account Inactivity. After a period of inactivity, whereby a user fails to login to an account for a period of 9 (nine) months, Remember The Milk reserves the right to disable or terminate the account. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party.

  11. Spam Policy. You are strictly prohibited from using Remember The Milk or any of the Services for illegal spam activities, including gathering email addresses, phone numbers, or other personal information from others, and/or sending mass commercial communications.

  12. Termination; Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause and at any time by providing notice to Remember The Milk at https://www.rememberthemilk.com/login/delete.rtm; provided, however, that a terminated account may continue to exist for up to two business days before such cancellation takes effect. Remember The Milk may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account, although residual copies of information may remain in our system for a period of time as described in the Remember The Milk Privacy Policy. Except as set forth above, or unless Remember The Milk has previously canceled or terminated your use of the Services (in which case subsequent notice by Remember The Milk shall not be required), Remember The Milk will notify you via email of any such termination or cancellation, which shall be effective immediately upon Remember The Milk's delivery of such notice. Sections 3, 4, 5, 6, 7, 9 - 15 and 18 of the Agreement shall survive expiration or termination.

  13. Indemnification. You agree to hold harmless and indemnify Remember The Milk, and its subsidiaries, affiliates, officers, agents, and employees from and against any and all legal claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys' fees of every kind and nature which may arise from or relate to your use or misuse of Remember The Milk or the Services, your breach of this Agreement, or your conduct or actions, or the conduct or actions of any other Remember The Milk user in relation to you. You agree that Remember The Milk shall be able to select its own legal counsel and may participate in its own defense, if we wish. California residents who may access Remember The Milk hereby waive California Civil Code Section 1542, the text of which is as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If any comparable statute, regulation, or doctrine exists in your jurisdiction, you hereby waive such statute, regulation, or doctrine, as well.

  14. Limitation on Liability. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, REMEMBER THE MILK, INCLUDING ANY EMPLOYEES, AFFILIATES, SERVICE PROVIDERS, CONTRACTORS, OR AGENTS, SHALL NOT BE LIABLE FOR ANY DAMAGES THAT MAY OCCUR TO YOU AS A RESULT OF YOUR USE OF REMEMBER THE MILK OR THE SERVICES, ANY MISUSE OF REMEMBER THE MILK OR THE SERVICES, OR ANY UNAUTHORIZED USE OR ACCESS OF REMEMBER THE MILK, BASED ON ANY LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIS SECTION APPLIES TO ANY AND ALL CLAIMS BY YOU, INCLUDING, BUT NOT LIMITED TO, CONTRACT OR TORT CLAIMS FOR LOSS OF DATA, LOSS OF GOODWILL, LOST PROFITS OR REVENUES, CONSEQUENTIAL, INDIRECT, SPECIAL EXEMPLARY OR PUNITIVE DAMAGES, NEGLIGENCE, STRICT LIABILITY, FRAUD OR TORTS OF ANY KIND, WHETHER SUCH CLAIMS ARE DIRECT OR INDIRECT, AND WHETHER SUCH CLAIMS ARE ALLEGED TO BE FROM YOUR USE OF REMEMBER THE MILK, YOUR INTERACTION WITH ANOTHER USER, OR YOUR INTERACTION WITH ANY THIRD-PARTY. THE MAXIMUM LIABILITY OF THE COMPANY ARISING FROM OR RELATING TO THIS AGREEMENT IS LIMITED TO THE LESSER OF THE AMOUNT YOU PAID TO REMEMBER THE MILK IN THE PRIOR 3 (THREE) MONTHS OR $100. SOME OR ALL OF THE LIMITATIONS PROVIDED IN THIS SUB-SECTION MAY NOT BE APPLICABLE TO YOU, DEPENDING UPON YOUR JURISDICTION.

  15. Claim Limitation. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE, ARISING OUT OF OR RELATING TO THIS AGREEMENT, MUST BE COMMENCED WITHIN 1 (ONE) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  16. Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding, or litigation arising in connection with the Service will be brought solely in the County of San Francisco, California, and you consent to the jurisdiction of such courts.

  17. Modification & Variation. We may, from time to time, modify this Agreement. If we do so, we may notify you at any email address we have for you. We will also change the “Last Updated” date at the top of this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effective immediately upon posting online, and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to, or incorporated into, the latest modification or variation of this Agreement. To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent. You agree to routinely monitor this Agreement and refer to the Last Updated Date posted at the top of this Agreement to note modifications or variations. You further agree to do so only after Remember The Milk has been fully closed and reopened to avoid accessing a prior version of this Agreement. You agree that your continued use of Remember The Milk after any modifications to this Agreement is a manifestation of your continued assent to this Agreement. In the event that you fail to monitor any modifications to or variations of this Agreement, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.

  18. Arbitration Agreement.

    1. You and Remember The Milk agree that any dispute, claim or controversy arising out of or relating in any way to the Remember The Milk Service or your use thereof, including our Agreements, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Remember The Milk are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of these Agreements and the termination of your Remember The Milk account. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the "AAA Rules"), as modified by these Agreements, and as administered by the AAA. You and Remember The Milk agree that these Agreements involve interstate commerce and are subject to the U.S. Federal Arbitration Act.

    2. You and Remember The Milk agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the Remember The Milk Service are NOT subject to mandatory arbitration. Instead, you and Remember The Milk agree that these claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by courts of competent jurisdiction in the County of San Francisco, California, and that applicable California and/or Federal law shall govern, without regard to choice of law principles.

    3. YOU AND REMEMBER THE MILK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall consolidate any other person's claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.

    4. Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA's Consumer Rules with the remainder paid by Remember The Milk. Any arbitration costs or fees deemed "excessive" will be paid by Remember The Milk. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Remember The Milk for all fees associated with the arbitration paid by Remember The Milk on your behalf, which you otherwise would be obligated to pay under the AAA's rules.