Buyer's Terms of Use


Please be aware that your use of and access to our Service, as defined below, are subject to the following Terms. If you do not agree to all of the terms of this agreement, you may not use or access the Service in any manner.

Terms Of Use - Effective December 10, 2018

These General Terms and Conditions ("Terms") is the agreement between you and Pulse Targeting Corporation dba MemPlaza ("Memplaza" or “We” or “Us”), for your use of our online platform and service, which connects people selling items online ("Sellers") with people who want to purchase those items ("Buyers").

The platform and service are available at www.memplaza.com (the "Site") and on our mobile device application (the "App"). To make these Terms easier to read, our online platform and service, the Site and the App are collectively called the "Services."

If you are a Buyer, these Terms apply to you. Please read these Terms and our Privacy Policy (available at www.memplaza.com/privacy ) carefully, because they govern your use of the Services. You hereby agree that your using the Services in any way means that you agree to all of these Terms and these Terms will remain in effective while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy.

If you have any questions feel free to send us a note to www.memplaza.com/contactus. We want you to feel comfortable using the Services and will happily answer any questions you have.

ARBITRATION NOTICE: UNLESS YOU ARE ACCESSING OR USING THE SERVICES ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY OR OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION FOR CONSUMERS” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION FOR CONSUMERS” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND MEMPLAZA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Agreement to Terms

By using the Services, you agree to be bound by these Terms. If you don’t agree to these Terms, we kindly ask you do not use the Services. The registration, the access and the ability to purchase products on memplaza.com is limited to individuals.If you are a Seller and you wish to sell your products on MemPlaza.com we invite you to register with memplazaseller.com. If you, as individual, are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

What We Do

MemPlaza is a technology provider for Sellers wishing to sell their products to Buyers willing to purchase them. MemPlaza is not a retailer. It means that we only offer, through the Services, a technology service and platform to allow Buyers and Sellers to connect. The Sellers provide products for sale in the market place of memplaza.com and, some and/or all of them, in the high auction section of memplaza.com. The buyers have the opportunity to buy products listed by Sellers either in the high auction or in the market place section of memplaza.com. Buyers can sign up to the Services if they want to bid on and/or purchase such items. Sellers can sign up to the Services by registering at www.memplazaseller.com and offer their items for sale on memplaza.com market place, including through a high bid auction, by posting a listing (“Listing”). We do not sell any items ourselves. Our responsibilities under these Terms are limited solely to facilitating the availability of our technology services and platform.

We use third party companies to process payments by Buyers and to payout funds to Sellers. To the extent we accept, hold or transmit funds in connection with a Listing, we do so as an agent of the applicable Seller.

Your access as Buyer to the Services, your participation in any auction or bidding on the Services and your purchase of any items through the Services are at your own risk and we disclaim all warranties, express or implied, and limit our liability in these Terms.

Use of the Services

If you register, access and use of the Services are available only if you are of legal age and have the capacity to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

How to use the Services

In order to use certainServices (for example, to bid on or purchase items), you will need to sign up with MemPlaza and provide certain information about yourself as prompted by the registration form, including a valid email address or further information in the payment process and in the Account Info section of your account with MemPlaza. If you select a username, you may not use a username for the purpose of impersonating another person or entity, including staff or any other representative of MemPlaza. We reserve the right to remove or reclaim inactive usernames or usernames on behalf of businesses or individuals that hold trademark or other legal claim on those usernames.

By creating an account, you agree to abide by these Terms and provide accurate information. Unless you are an agent authorized to bind another person and you are acting under their direction, you may not create an account for anyone other than yourself. We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or otherwise in violation of these Terms.

You may also register with Memplaza.com by linking your social media account, such as Facebook or others (such account, a “Third-Party Account”). You are hereby informed that if you provide your Third-Party Account credentials to us or otherwise link your MemPlaza account with a Third-Party Account, we’ll extract certain personal information, such as your name and email address, and other personal or contact information that your privacy settings on such Third-Party Account permit us to access.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

You are not allowed to have multiple accounts on Memplaza and MemPlaza strictly forbids the use of multiple accounts for the same user or the use of one account for multiple users.

Services Changes

Because MemPlaza is always evolving and trying to improve the Services and also the form and nature of the Services, we may introduce new changes to the Services from time to time without prior notice to you. We may also suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We may also need to stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally if we determine it necessary and may not be able to provide you with prior notice.

No Endorsement

By registering with MemPlaza, you agree and understand that MemPlaza does not endorse any Sellers or any items they may offer for sale through the Services. We are not obliged and responsible to conduct background checks on any Seller. . We are not responsible for any damage or harm resulting from your communications or interactions with a Seller.

Sellers are independent companies and they may be located in any country in the world. The Sellers and their employees are not our employees, agents or otherwise contractors of MemPlaza and we do not, in any way, supervise, direct, or control a Seller.

By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Sellers or other third parties will be limited to a claim against the Sellers or other third parties who caused you harm and you agree not to attempt to impose liability on us, or seek any legal remedy from us with respect to such actions or omissions.

MarketPlace and Live Auctions buys

MemPlaza.com provides you, as Buyer, the ability to purchase items offered for sale by the Sellers in two different ways: MarketPlace and High Bid Auctions.

In the Market Place the Sellers place items for sale at a Retail Price and/or at a Discounted Price. The Seller may select some items to be offered for sale on a high bid auction.

The items listed for sale in the Live Auctions with a starting price, and any bids placed are binding offers to purchase the item on the Listing. Each Bid increases the 1 USD (or Euro or GBP) from the Current Price which represents the last bid made. You are responsible for reading the full Listing before making a bid or commitment to buy. If your bid is the winning bid or if you purchase an item in the Marketplace (each, a “Purchase”) you agree to pay such bid amount or the applicable purchase price (the “Purchase Price”). The Purchase Price usually does not include the shipping costs. The items on auction may display a flat shipping cost while the shipping cost of the products in the market place may not be displayed until you have selected the delivery country during the payment process. Based on the delivery country, the system may present more than one shipping method and the related costs. In this case, the Buyer may select the preferred shipping method. Any shipping costs depend on the total weight of the items in the cart and on the delivery country.

You have 48 hours after Purchase to pay the Purchase Price plus the shipping costs, if any, through the Services. During these 48 hours you may also remove the Purchase from your cart. Unpaid Purchases are automatically canceled by MemPlaza anytime after 48 hours.

You will not engage in any manipulative or disruptive bidding practices, including without limitation "shill" bidding or any other practice designed to interfere with the natural progression of bidding or otherwise affect ultimate sale price of any item. In this case it may happen that your account is suspended for further purchase.

Buying & Payment Information

When you win an item in the Live Auction or you purchase a product in the market place, it is added to your cart. In order to complete your purchase you need to follow the checkout procedure which will end with the payment form.During the checkout process you may be asked to provide payment information, including your credit card number, and/or your bank account and routing number, the expiration date of your credit card, your address(es) for billing and the delivery address, and other information about your financial accounts (such information, “Payment Information”). If you make a Purchase, you authorize MemPlaza and MemPlaza’s payment processor(s) to use the Payment Information to charge your designated payment account. You also authorize MemPlaza and MemPlaza’s payment processors to correct any mistakes in payments made by or to you, including any processing errors we discover, by using the Payment Information to debit or credit the payment account used in the applicable transaction.

You agree to bear any additional charges that your bank or other financial service provider may levy on you. You will receive a confirmation email once the purchase is complete. If you have any concerns or objections regarding charges, you agree to raise them first with us and you agree not to cancel, reject, chargeback or request reversal of any charges related to a Purchase unless you have made a reasonable attempt at resolving the matter directly with MemPlaza.

Because Buyers and Sellers may be located in separate and applicable tax jurisdictions, a Purchase may be subject to local sales, Customs or value-added taxes or additional postage upon delivery. These taxes or additional postage fees are not charged by or through the Services and MemPlaza cannot be responsible for or provide order-specific advice regarding additional taxes or postal fees.

Products for sale

Any product you Purchase via the Services, you are purchasing directly from the applicable Seller of the item(s), not from MemPlaza. Any information and details regarding the item, including but not limited to product descriptions, warranties offered, or any other terms set forth in the Listing are between you and the applicable Seller. We recommend you review and familiarize yourself with all terms and conditions of sale provided by the Seller prior to bidding on an item or purchasing an item in the MarketPlace. You hereby understand and agree that MemPlaza does not verify the content of any item description and does not verify the photos and the quality of any item.

Liability and Disputes

MemPlaza does not have any control over or liability for the quality, safety, legality, descriptions, photos, or other aspect of the items listed for sale, nor does MemPlaza have any control over or liability for the accuracy, truthfulness, quality, or other aspect of the materials and information associated with Listings. MemPlaza is not liable or responsible for defective items.

If an item sold on MemPlaza is delivered to you in a defective condition, or if you do not want to keep a delivered item for any reason, your sole remedy is to return the product directly to the Seller. Items must be returned within 15 days of the delivery date using a valid, electronically visible tracking number. A full refund of the purchase price including original shipping costs will be processed once a return is verified through the tracking information provided and arrived to the Seller’s address

MemPlaza reserves the right, in its sole discretion, to determine if and when return postage will be provided to the buyer or cost of return shipping will be partially reimbursed as a store credit.

We do not knowingly collect or solicit personally identifiable information from children under 18; if you are a child under 18, please do not attempt to register for the Services or send any personal information about yourself to us. Parents and legal guardians may not agree to these Terms or register for the Services on behalf of any children under the age of 18. If we learn we have collected personal information from a child under 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us personal information, please contact us at privacy[at]memplaza.com

Communications

As part of the Services we provide, you may (if enabled) receive notifications, alerts or other types of messages via text message, email or the messaging functionality provided by the Services (“Messages”). You have control over the Messages settings, and can opt in or out of these Messages (with the exception of infrequent, important service announcements and administrative messages) either through your account or by following the unsubscribe instructions provided in the e-mail you receive. Please be aware that third party messaging fees may occur for some of the Messages depending on the message plan you have with your wireless carrier.

Content

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Buyers and Sellers (including you) provide to be made available through the Services. All Content is the sole responsibility of the person who originated such Content, including its legality, reliability, and appropriateness. We do not monitor or control the Content posted via the Services, and we cannot take responsibility for such Content. Any use of or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will MemPlaza be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

MemPlaza may offer a catalog of items, which may include photos, descriptions, and other information provided by third parties. MemPlaza cannot guarantee that the information contained in such catalog will be accurate or up to date, and you agree not to hold such third party Content providers, or MemPlaza, responsible for any inaccuracies.

Subject to your compliance with these Terms, MemPlaza grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services.

MemPlaza Ownership Rights

All right, title, and interest in and to the Services (excluding your User Content), including all associated intellectual property rights, are and will remain the exclusive property of MemPlaza and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the MemPlaza name or any of the MemPlaza trademarks, logos, domain names, or other distinctive brand features. You may use the MemPlaza name or any of the MemPlaza trademarks, logos, domain names, or other distinctive brand features only in the event MemPlaza grants you the right to do so in a separate written agreement. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates the rights of MemPlaza or any third party. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services, including any Content. Any feedback, comments, or suggestions you may provide regarding MemPlaza or the Services are entirely voluntary and are the sole and exclusive property of MemPlaza. You hereby irrevocably assign to us all of your right, title and interest in and to such feedback, comments or suggestions, and MemPlaza is free to use them as we see fit and without any obligation to you.

Restrictions on Content and Use of the Services

We reserve the right at all times (but are not obligated) to remove or refuse to distribute any Content on the Services, which violates these Terms or the MemPlaza Rules for using the Services and submitting Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or, (v) protect the rights, property or safety of MemPlaza, its users and the public.

Unless you have been specifically permitted to do so in a separate written agreement with MemPlaza and except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content (except your User Content) or Services. You may not copy, modify, decompile, reverse-engineer, or disassemble the code used to generate web pages on the Services. You may not harvest usernames, addresses, email addresses, or other personal information for any purpose.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, MemPlaza's computer systems, or the technical delivery systems of MemPlaza's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by MemPlaza (and only pursuant to those terms and conditions, if any, that are applicable) unless you have been specifically allowed to do so in a separate agreement with MemPlaza; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; (vi) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by MemPlaza or any of MemPlaza’s providers or any other third party (including another user) to protect the Services or Content; or (vii) use, display, mirror or frame the Services, any individual element within the Services, or the layout and design of any page or form contained on a page, without MemPlaza’s express written consent.

  • Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Termination

We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including, without limitation, if you violate the letter or spirit of any of these Terms, or otherwise create risk or possible legal exposure for us. You may cancel your Account at any time.

Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

The Services are Available "AS-IS"

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, MemPlaza DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon. We make no guarantee as to the duration or manner in which items appear on MemPlaza, whether in our catalog, at auction, or otherwise. MemPlaza is not responsible or liable for any harm to your computer system, loss of data, glitches, bugs, errors, delays, disruptions, or other harm that results from your access to or use of, inability to access or use, the Services, or any Content. You agree that MemPlaza is not liable for any damage or losses resulting directly or indirectly from any suspension of your account. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from MemPlaza or through the Services, will create any warranty not expressly made herein.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods, or services, including but not limited to: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, legality, appropriateness, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MemPlaza of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You acknowledge that your use of any third-party websites or resources is governed by that party’s terms and privacy policy.

Indemnity

You agree to defend, indemnify, and hold harmless MemPlaza and its partners, and their officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms or any Content posted, published, transmitted or otherwise provided by you or on your behalf.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEMPLAZA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) ANY ITEMS SOLD OR PURCHASED THROUGH THE SERVICES; OR (v) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MEMPLAZA HAS 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. UNDER NO CIRCUMSTANCES WILL MEMPLAZA’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED $50.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver & Severability

The failure of MemPlaza to enforce any right or provision of these Terms does not constitute a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution for Consumers” section below or by a court of competent jurisdiction, if you are accessing and using the Services on behalf of a company or other legal entity or timely opt out of arbitration as set forth below), the remaining provisions of these Terms will remain in full force and effect.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without MemPlaza’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. MemPlaza may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notice

Any notices or other communications provided by MemPlaza to you under these Terms, including those regarding modifications to these Terms, will be given by MemPlaza: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law

These Terms and any action related thereto are governed by the laws of the State of Florida, without regard to or application of its conflict of law provisions or your State or Country of residence.

Dispute Resolution for Commercial Entities

If you are accessing and using the Services on behalf of a company or other legal entity, all claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the state and federal courts located in Palm Beach County, Florida, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Dispute Resolution for Consumers

Agreement to Arbitrate

If you are accessing and using the Services as an individual, you and MemPlaza agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide MemPlaza with written notice of your desire to do so by email at support[at]MemPlaza.com or regular mail at Pulse Targeting Corporation dba MemPlaza, 301 Yamato Road, Suite 1240, Boca Raton, FL 33431within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide MemPlaza with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide MemPlaza with an Arbitration Opt-out Notice, will be the state and federal courts located in Palm Beach County, Florida and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide MemPlaza with an Arbitration Opt-out Notice, you acknowledge and agree that you and MemPlaza are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and MemPlaza otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution for Consumers” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution for Consumers” section will survive any termination of these Terms.

Changes

Notwithstanding the provision regarding changes to these Terms in the “Entire Agreement” section below, if MemPlaza changes this “Dispute Resolution for Consumers” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support[at]memplaza.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of MemPlaza’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and MemPlaza in accordance with the provisions of this “Dispute Resolution for Consumers” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

Entire Agreement

These Terms, the Privacy Policy and the Memplaza Rules are the entire and exclusive agreement between MemPlaza and you regarding the Services, and these Terms supersede and replace any prior agreements between MemPlaza and you regarding the Services. These Terms apply only to MemPlaza and you. These Terms are not intended to, and shall not, create any third-party beneficiary rights, except as expressly provided in these Terms.

We may revise these Terms from time to time. If we make any material changes to these Terms, we will notify you of such changes by posting them on the MemPlaza website or by sending you an email or other notification, and we will indicate when such changes will become effective. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

English is the official language of these Terms & Conditions and the Privacy Policy. Any translations published on MemPlaza.com are to be considered as complementary to the official language. The Buyer agrees and understands that it is his sole responsibility to read and accept the official Terms & Conditions and Privacy Policy before using and/or navigating memplaza.com. In case of dispute, the only legal version of these Terms & Conditions and Privacy Policy binding Buyers and MemPlaza is the English one.

These Services are operated and provided by Pulse Targeting Corporation dba MemPlaza, 301 Yamato Road, Suite 1240, Boca Raton FL 33431. If you have any questions about these Terms, please contact us.