- Program Policies – Guidelines for using Remember The Milk
Although we may attempt to notify you via email when major changes are made, you should visit this page periodically to review the terms. Remember The Milk may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Remember The Milk service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
- 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.
- Personal Use. The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and 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, and are responsible for all activities that occur thereunder. Remember The Milk reserves the right to refuse service to anyone at any time without notice for any reason.
- Proper 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 http://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, shall not agree to, and shall not 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.
- 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.
- 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. Accordingly, you 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 rights to (i) the Service developed and provided by Remember The Milk; and (ii) all software associated with the Service.
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.
- 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.
- Account Inactivity. After a period of inactivity, whereby a user fails to login to an account for a period of 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.
- Termination; Cancellation. You may cancel your use of the Services and/or terminate this Agreement with or without cause 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. 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, 7, and 9 - 12 of the Agreement shall survive expiration or termination.
- Indemnification. You agree to hold harmless and indemnify Remember The Milk, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Remember The Milk will provide you with written notice of such claim, suit or action.
- Arbitration Agreement.
- 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.
- 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.
- 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.
- 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.