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Terms of Use

Effective Date: July 1, 2017

  1. YOUR ACCEPTANCE
    Please read these Terms of Use (the “Terms”) carefully because this document is legally binding on you even if you are just browsing youmemine.com (the “Site”) without intent to register, use our services, or contact other users or us. Our Privacy Policy http://www.youmemine.com/about/privacy also governs your use of the Site. If you do not want to accept and agree to these Terms or the Privacy Policy, you must exit the Site. Note that we may revise these Terms every once in a while whenever we feel it is appropriate, without notifying you. If you continue visiting our Site after we have published the revised Terms on this page, this constitutes your acceptance of the changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. Please check this page periodically to take notice of any changes we made. If you do not agree with any changes, you must exit the Site.

  2. ROLE OF YOUMEMINE
    Our Site is a database that connects parents with egg donors and surrogates. The Site collects profiles from agencies around the world so that parents can search for their ideal donor or surrogate.  At this time, our database is not intended for use by individual egg donors or surrogates who wish to offer their egg donation or surrogacy services. Site users are solely responsible for all content they submit to or through our Site. Users shall not make any representations, warranties or statements concerning our Site. YouMeMine does not endorse, and takes no responsibility for any products, services, Web sites, and materials available on the Site. You understand that YouMeMine has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Site. Your dealings with any third party arising in connection with the Site are solely between you and such third party, and YouMeMine takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

  3. DISCLAIMERS
    1. Neutral Venue. OUR SITE IS A NEUTRAL VENUE. WE ARE NOT A PARTY TO ANY INTERACTIONS OR ARRANGEMENTS BETWEEN ITS MEMBERS. WE DO NOT VERIFY THE TRUTH OR ACCURACY OF ALL USER INFORMATION AND HAVE NO CONTROL OVER USER SUBMITTED CONTENT OR CONDUCT. THEREFORE, WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO USER CONTENT, CONDUCT AND ARRANGEMENTS. WE ARE NOT LIABLE FOR ANY PROPERTY DAMAGE, BODILY INJURY OR DEATH OF THE SITE USER OR ANY THIRD PARTY. All content remains the sole responsibility of its provider; we are not liable for any content available on our Site.
    2. No Medical Advice. We are not medical professionals and nothing on our Site constitutes medical advice. The materials presented on our Site in no way substitute medical counseling. You must not avoid or delay medical treatment because of anything you read on our Site.
    3. Third Party Services. The Site contains links to third party websites and services that are not owned or controlled by us. We assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. In addition, the Site will not and cannot censor or edit the content of any third-party website. You acknowledge that we will not be liable for any and all claims, demands and damages of any kind and nature arising out of or in any way connected from any and all potential liabilities arising from the interactions with any third party. We cannot guarantee the availability or performance of any third party services used to support the Site. Such third party services may change their operations without notice to us. Therefore, we shall not be liable for any outages, version changes, delivery delays, failures, bugs, or termination of third party network service. Third party networks have their own terms of use, and you must comply with any Terms and Conditions provided by any third party network.
    4. No Warranties. USE OF THIS SERVICE AND ITS CONTENTS IS AT YOUR OWN RISK. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED "AS IS". YOU MUST NOT RELY ON ANY CONTENT PUBLISHED ON OR LINKED TO THIS SITE WITHOUT FIRST MAKING YOUR OWN ENQUIRIES TO VERIFY IT IS ACCURATE, CURRENT AND COMPLETE. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, ARISING OUT OF OPERATION OF LAW, COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; SAFETY; QUALITY; FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED; UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE USE OF THIS SITE; OR ACCURACY, CURRENCY, RELIABILITY, COMPLETENESS OR APPROPRIATENESS RELATING TO THE CONTENT OF THIS SITE.
    5. Limitation of Liability. WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.  NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL.DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  4. INTELLECTUAL PROPERTY
    1. Our IP. All Site contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. The Intellectual Property is protected by U.S. and international trademark, copyright, privacy, and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Site for personal use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us.  Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or remove any content submitted by users. We take no responsibility and assume no liability for any content posted by users or any third party.
    2. License to Your Content. By transmitting or uploading any content to our Site, you grant us a perpetual, unlimited, irrevocable, royalty-free, worldwide license to use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of your content; to make, have made, or otherwise distribute any of your submitted content. You further represent and warrant that you have the right, title, and/or authority to grant such license to us.
      3.  
    3. Copyright Infringement Claims. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works may be an infringement of the copyright holder’s rights. You agree that you will not use our Site to infringe anyone’s intellectual property rights. Anyone who believes that their work has been reproduced on the Site in a way that constitutes copyright infringement may notify YouMeMine's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
      1. Identification of the copyrighted work that you claim has been infringed;
      2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Site so that the copyright agent can locate it;
      3. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
      4. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
      Notices of copyright infringement claims should be sent as follows:
      YouMeMine
      ATTN: Cislo and Thomas LLP
      12100 Wilshire Blvd., Suite 1700
      Los Angeles, CA 90025
      If you give notice of copyright infringement by text e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

  5. YOUR OBLIGATIONS
    By using this Site, all users (agencies, members, unregistered visitors) represent, warrant and agree that:
    1. You are an individual at least 18 years of age or a company validly existing and in good standing under the laws of applicable jurisdiction.
    2. You will not create duplicate accounts and you will not share your account with anyone. You are solely responsible for all activity that occurs under your account.
    3. Our Site may contain typographical errors or other inaccuracies.
    4. Submission of untruthful listings, reviews, posts, articles or other content may result in account termination. We may reject or erase or edit any content submitted for any reason without prior notice to you, within our sole reasonable discretion.
    5. You will only submit true, complete and not misleading information to the Site. All content you submit to our Site is free of third party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist or hateful language or expressions.
    6. Our Site content may not be copied for republication, either online or on paper, without our prior express written permission.
    7. You will not submit unsolicited bulk or commercial messages ("spam") to our Site, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource.
    8. You will not access our Site in order to gain a competitive advantage.
    9. You will only use the Site for legal purposes and you will remain responsible for complying with all laws and regulations applicable to your use of the Site.
    10. We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
    11. You may not use any web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic process to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content.
    12. You will not interfere with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that violates another party's rights of privacy and publicity.
    13. You understand that YouMeMine is not responsible for and makes no warranties or representations pertaining to any third party Web sites, including but not limited to the content, availability, or functionality of such Web sites. You are responsible for ensuring that your activity on the third party Web sites complies with the terms of use associated with any such third party Web site and you understand that your use of a third party Web site will be treated in accordance with that third party Web site's own privacy policy.
    14. You will not attempt to contact any of the egg donors or surrogates directly, but only through their agency.

  6. SPECIAL TERMS FOR AGENCIES
    This Section applies only to the agencies that wish to be included in our Site database. The “agency” is either an IVF Clinic (with a donor or surrogacy program) or an egg donor or surrogate agency that desires to list their donors on our Site.
    1. Agencies can only list those donors on our Site who have been interviewed, evaluated and signed legal contracts with the agency.
    2. Our business relationship is solely with the agency, not with the egg donors or surrogates that are entered into our database or the prospective recipients. We do not provide any donor consent forms. Those forms should be provided by the agency to their egg donors or surrogates.
    3. Agencies are solely responsible for any donor privacy issues (e.g., if a donor does not want their photo or certain personal information shown online, then it is up the donor agency to honor that request). Agencies are not allowed to publish any uniquely identifying information (e.g., egg donor name, street address, or telephone number) on our Site.  Egg donor agencies must receive written consent from the donors prior to posting the egg donors' photos on our Site.
    4. Agencies wishing to sign up for our Site service must do so for a minimum of six months. After which, a 30-day notice is required prior to cancellation.
    5. We back up our database daily. However, we strongly advise that agencies also have backups of all their data which they've entered into our Site database.

  7. REMEDIES FOR BREACH OF THESE TERMS
    1. We may take any action that we deem necessary or appropriate if we believe that any user violates the Terms of Use, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody’s personal safety or uses offensive language. We may: (i) disclose user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right, (ii) block user’s IP address, notify user’s Internet Service Provider, (iii) suspend or terminate any account on our Site (iv) moderate any content submitted to us, (v) take any other action provided for in these Terms of Use or available under equity or law.
    2. Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

  8. CONFIDENTIALITY
    Except as expressly provided in these Terms, you agree that all information, concerning us, our Site users, or any of our affiliates shall remain strictly confidential and shall not be utilized for any purpose other than as expressly authorized by these Terms. Any information that is generally known or available to the public through a source other than you shall not be considered confidential.

  9. INDEMNIFICATION
    You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.

  10. GOVERNING LAW and ARBITRATION
    These Terms and any action related thereto will be governed by the laws of California without regard to its conflict of laws provisions that would result in application of any other law. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in Los Angeles, CA. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

  11. GENERAL
    1. Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
    2. Hyperlinks. You may link to our Site, as long as this is done in a fair way that does not negatively affect our reputation or business and does not suggest any form of association where there is none. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking to terminate immediately.
    3. Assignment. We may transfer, assign or subcontract the rights, interests or obligations under these Terms, at our sole discretion, without obtaining your consent.
    4. Severability. Should any part of these Terms of Use be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Use should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
    5. No Waiver. Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances.
    6. Prevailing Language. In the event of any discrepancy between the English original version of these Terms and any foreign language translation, the English version prevails.

  12. Subscriptions; Charges on Your Billing Account.
    1. YouMeMine bills Users through an online account (your "Billing Account") for use of the Site. Users agree to pay the YouMeMine all charges at the prices you agreed to for any use of the Site by you or other persons (including your agents) using your Billing Account, and you authorize the YouMeMine to charge your chosen payment provider (your "Payment Method") for the Site. You agree to make payment using that selected Payment Method. The YouMeMine may correct any billing errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, YouMeMine may in its discretion terminate your account immediately. If YouMeMine successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated.
    2. Your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to "Account Settings" on the Site and follow the directions contained therein. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize YouMeMine to charge your Payment Method now and again at the beginning of any subsequent subscription period. You also authorize YouMeMine to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if YouMeMine does not receive payment from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that YouMeMine may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
    3. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify YouMeMine if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at "Account Settings" on the Website. If you fail to provide YouMeMine any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer. You also authorize us to update your Payment Method to include any credit or debit card or other payment method provided by you to purchase any feature or service throughout your use of the Website or Service when automatically renewing your account, as set forth in Section 12(b).

    4. CONTACT US
      Please submit your inquiries to hello@youmemine.com or go to http://www.youmemine.com/about/contact
  

1. ACCEPTANCE OF TERMS

youmemine.com provides a collection of online resources, including classified ads, forums, catalogs, and various email services available on or through youmemine.com (referred to hereafter as “the Service”) subject to the following Terms of Use (“TOU”). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular youmemine.com services, you agree to abide by any applicable posted guidelines for all youmemine.com services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

3. ELIGIBILITY FOR USE

youmemine.com reserves some parts of the Service exclusively for professional purchasers, sellers, collectors and resellers of items and accessories who are acceptable to youmemine.com in its sole discretion. Although youmemine.com attempts to limit the use of these parts of the Service to such purchasers, sellers, collectors and resellers of items and accessories, nothing herein shall create any right of action against youmemine.com for failing to adequately screen potential users or prevent the use of youmemine.com or the Service by users who are not professional purchasers, sellers, collectors and resellers of items or accessories.

4. CONTENT

You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. Likewise, if you request the assistance of youmemine.com to post content, or if you imply consent that youmemine.com may post content on your behalf, either by written or oral means, or you fail to inform youmemine.com that content should be removed, you are equally responsible for the content. You waive any and all claims against youmemine.com of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on youmemine.com. You understand that youmemine.com does not control, and is not responsible for personal Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service. By posting Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. Furthermore, youmemine.com and Content available through the Service may contain links to other websites, which are completely independent of youmemine.com. youmemine.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will youmemine.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that youmemine.com does not pre-screen or approve Content, but that youmemine.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

5. THIRD PARTY CONTENT, SITES, AND SERVICES

youmemine.com and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of youmemine.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. Buyers should assume that any goods offered are not new, unless otherwise stated, nor in perfect condition, and may require touch-up or repairs prior to use and that the available information about the items may be limited. It is not possible for youmemine.com to verify information provided by the seller of any item.

You agree that youmemine.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that youmemine.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release youmemine.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

6. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to youmemine.com’s agent for notice of claims of copyright or other intellectual property infringement:

by email:

notice@youmemine.com

Please include the following with your Notice to our Abuse Agent:

The identity of the material on youmemine.com that you claim is infringing, in sufficient detail so that we may locate it on the website;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

Your address, telephone number, and email address;

A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and

Your physical or electronic signature.

7. PRIVACY AND INFORMATION DISCLOSURE

youmemine.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Your personal information is further governed by youmemine.com’s Privacy Policy.

8. CONDUCT

You agree not to post, email, or otherwise make available Content:

  • that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
  • that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
  • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
  • that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
  • with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
  • that impersonates any person or entity, including, but not limited to, a youmemine.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
  • that includes personal or identifying information about another person without that person’s explicit consent;
  • that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
  • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
  • that constitutes or contains any form of advertising or solicitation if: posted in areas of youmemine.com which are not designated for such purposes;
  • or emailed to youmemine.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. that includes links to commercial services or web sites, except as specifically permitted;
  • that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
  • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
  • or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

  • contact anyone who has asked not to be contacted;
  • “stalk” or otherwise harass anyone;
  • collect personal data about other users for commercial or unlawful purposes;
  • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by youmemine.com;
  • post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
  • post the same item or service in more than one classified category or forum;
  • attempt to gain unauthorized access to youmemine.com’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or youmemine.com;
  • or use any form of automated device or computer program that enables the submission of Content on youmemine.com without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.

9. POSTING AGENTS

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on youmemine.com’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from youmemine.com. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from youmemine.com.

10. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to youmemine.com email addresses or through youmemine.com computer systems is expressly prohibited by these TOU. Any unauthorized use of youmemine.com computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

11. PAID POSTINGS

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.  Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.

12. LIMITATIONS ON SERVICE

You acknowledge that youmemine.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that youmemine.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that youmemine.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that youmemine.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. ACCESS TO THE SERVICE

youmemine.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by youmemine.com. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.

youmemine.com does not permit you to display on your website, or create a hyperlink on your website to, individual postings on the Service, absent express permission granted by youmemine.com to do so. You may create a hyperlink to the home page of youmemine.com, so long as the link does not portray youmemine.com, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

youmemine.com may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. youmemine.com permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “youmemine.com” as the source, (d) your use or display does not suggest that youmemine.com promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden youmemine.com’s systems. youmemine.com reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by youmemine.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from youmemine.com that has been signed by one of youmemine.com’s authorized representatives.

14. TERMINATION OF SERVICE

You agree that youmemine.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if youmemine.com believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that youmemine.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2-7 and 13-20 shall survive termination of the TOU.

15. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of youmemine.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of youmemine.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. youmemine.com, as well as certain other of the names, logos, and materials displayed on youmemine.com, constitute trademarks, trade names, service marks or logos (“Marks”) of youmemine.com or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with youmemine.com or those other entities.

Although youmemine.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to youmemine.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant youmemine.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

16. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF youmemine.com AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. youmemine.com AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, youmemine.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF youmemine.com AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, youmemine.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON youmemine.com  OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON youmemine.com OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, youmemine.com DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH youmemine.com OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM youmemine.com, youmemine.com OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

17. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL youmemine.com BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF youmemine.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF youmemine.com OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF youmemine.com OR THE SERVICE, FROM INABILITY TO USE youmemine.com OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF youmemine.com OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH youmemine.com OR THE SERVICE OR ANY LINKS ON youmemine.com OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH youmemine.com OR THE SERVICE OR ANY LINKS ON youmemine.com. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

18. INDEMNITY

You agree to indemnify and hold youmemine.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

19. GENERAL INFORMATION

The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and youmemine.com and governs your use of the Service, superseding any prior agreement between you and youmemine.com. The failure of youmemine.com to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

20. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU by sending an email to notice@youmemine.com.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for youmemine.com to pursue legal action to enforce the TOU, you will be liable to pay youmemine.com the following amounts as liquidated damages, which you accept as reasonable estimates of youmemine.com’s damages for the specified breaches of the TOU:

If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay youmemine.com one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.

If youmemine.com establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay youmemine.com one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access youmemine.com in excess of such limits, whichever is higher.

If you send unsolicited email advertisements to youmemine.com email addresses or through youmemine.com computer systems, you agree to pay youmemine.com twenty five dollars ($25) for each such email.

If you post Content in violation of the TOU, other than as described above, you agree to pay youmemine.com one hundred dollars ($100) for each item of Content posted. In its sole discretion, youmemine.com may elect to issue a warning before assessing damages.

If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay youmemine.com one hundred dollars ($100) for each and every item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay youmemine.com an additional one hundred dollars ($100) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.

If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without youmemine.com’s express written permission, you agree to pay youmemine.com three thousand dollars ($3,000) for each day on which you engage in such conduct.

Notwithstanding any other provision of the TOU, youmemine.com retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.

21. FEEDBACK

We welcome your questions and comments. Please send them to service@youmemine.com.

22. TERMS OF USE FOR ALL SERVICES

youmemine.com offers a variety of online programs (the “Programs”) as a convenience to its participating professionals and persons interested in engaging a professional (the “Consumer”) to perform or receive services (“Services”) or information about such Services.

As a condition to your use of the Programs and as material inducement on the part of youmemine.com and its Affiliates to offer the Programs, you expressly acknowledge and agree that:

Use of the Programs are at your sole risk. youmemine.com and its Affiliates expressly disclaim any and all warranties of any kind, express or implied arising out of or relating to:

  • For Consumers:
  • a) the Programs
  • b) the Professional
  • c) the Services to be performed by any Professional.
    • a) your use of the Programs
    • b) the engagement by you of any Professional
    • c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the Professional’s agents, vendors, consultants and the like
    • d) any other matter relating to the Programs.

- In no event will youmemine.com’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.00.

- youmemine.com and its Affiliates do not provide, nor will they provide, any service to or for you, nor is youmemine.com and its Affiliates a party to any agreement which you may enter into with a Professional. If you engage the services of any Professional, all arrangements in such regard are solely between you and the concerned Professional.

- If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.

For Professionals:

a) the Programs

b) the Consumers

c) the agreement between you and the Consumer.

youmemine.com, its Officers, Directors, Members and Employees, as well as youmemine.com Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:

a) your use of the Programs

b) the engagement of you by any Consumer

c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the your or the Consumer’s agents, vendors, consultants and the like

d) any other matter relating to the Programs.

- In no event will youmemine.com’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.

- youmemine.com and its Affiliates are not a party to any agreement which you may enter into with a Consumer. If you are engaged by a Consumer, all arrangements in such regard are solely between you and the concerned Consumer.

- If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.

Questions about our services programs may be directed to: service@youmemine.com

youmemine.com, its Officers, Directors, Members and Employees, as well as youmemine.com Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:

23. BRAND AGREEMENT

Legal Disclaimer: By logging in to your youmemine.com account, you are agreeing to the terms below and you are stating that you have the authority to represent the manufacturer’s products, pricing, and copyrighted material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.

1) Parties: This “Agreement” between “I” or “me” or the “Company” and youmemine.com. (“youmemine.com”, together with me, “we” or the “parties”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.

2) Content: I hereby license to youmemine.com the use of the images (including logo, products, installation photos, etc.), product catalog, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalog, related data, the “Content”) for display on youmemine.com and “Affiliated Sites,” including related websites, social media websites, picture hosting websites, and all other website youmemine.com at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials. I may make suggestions for the best way to showcase my products or display the Content at any time, but youmemine.com retains full discretion regarding what Content (if any) to display, how, and where. I represent and warrant that I have obtained all rights in the Content necessary for youmemine.com to exercise the rights granted hereunder, that the Content is accurate and representative of my products, and that I will update my youmemine.com account with any updates to the Content necessary to keep such Content accurate and representative of my products. youmemine.com and Affiliated Sites are not responsible for any damages associated with the Content or its interpretation.

3) Fees:

(a) Membership: Price as stated on youmemine.com at the time of purchase of the membership. Price remains locked in as long as membership is kept current. All payments are paid upfront at the beginning of the 30 day billing cycle. All yearly payments are paid upfront at the beginning of the 365 day billing cycle. Payments are automatically deducted from the account on file each billing cycle, unless I cancel my account.

4) Length of Contract: This Agreement is valid up to and until I cancel my account.

5) Billing: In the event that a payment is due on my Membership, but my credit card on file in no longer valid or active, youmemine.com may attempt to contact me to determine updated account information. youmemine.com will wait thirty (30) days before canceling my membership.

6) Termination: I may request termination of this agreement at any time.  Termination will take effect upon the end of the last day of my billing cycle.  youmemine.com may terminate this agreement at will.  In the event youmemine.com terminates this agreement early, and I am not in violation of any term of this Agreement, I will receive a prorated reimbursement for the portion of the billing cycle remaining.

End Agreement.