Legal
Welcome to MemberFocus. These Terms of Use ("Terms") form a legally binding agreement between you ("you," "your," or "User") and MemberFocus, Inc. ("MemberFocus," "we," "our," or "us") governing your access to and use of the MemberFocus mobile application, any associated websites, APIs, and related services (collectively, the "App"). BY CREATING AN ACCOUNT, TAPPING "I AGREE," OR USING THE APP IN ANY WAY, YOU (A) CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS AND OUR PRIVACY POLICY; (B) CONSENT TO DO BUSINESS ELECTRONICALLY AS DESCRIBED IN SECTION 18; AND (C) AGREE TO RESOLVE DISPUTES WITH MEMBERFOCUS THROUGH INDIVIDUAL BINDING ARBITRATION AND TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, AS DESCRIBED IN SECTION 14. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CREATE AN ACCOUNT OR USE THE APP.
To use the App, you represent and warrant that: • You are at least 18 years of age (or the age of legal majority in your jurisdiction, whichever is greater); • You are an authorized member, manager, employee, or guest of a club that has subscribed to the MemberFocus platform, or a MemberFocus administrator; • You have the legal capacity to enter into a binding agreement; • You are not barred from using the App under the laws of the United States or any other applicable jurisdiction; • You are not located in a country subject to a U.S. Government embargo or designated as a "terrorist-supporting" country; and • You are not listed on any U.S. Government list of prohibited or restricted parties. Access Is Granted by Your Club. Your eligibility to use club-specific features is granted and may be revoked by your club's management. MemberFocus has no obligation to evaluate, confirm, or maintain your membership in any club and is not responsible for a club's decision to grant, deny, suspend, or terminate your access.
Account Creation. You must provide accurate, complete, and current information when creating your account and keep it up to date. You may register only one active account per natural person. Account Security. You are solely responsible for (a) maintaining the confidentiality of your credentials, (b) all activity that occurs under your account, and (c) promptly notifying us at support@memberfocusapp.com of any unauthorized access. We will never ask for your password by email, chat, or phone. No Account Sharing or Transfer. You may not sell, lease, lend, assign, or otherwise transfer your account, nor allow any other person to access or use it. Any attempted transfer is void. Accuracy of Content You Provide. You are solely responsible for the accuracy, legality, completeness, and appropriateness of all information, submissions, messages, photos, and other content you provide through the App (your "User Content"). MemberFocus does not pre-screen User Content and has no obligation to verify it. Account Termination. We or your club's management may suspend or terminate your account at any time, with or without notice or reason, including for any actual or suspected violation of these Terms, applicable law, or club policy. Termination does not limit any remedy available to us at law or in equity.
Permitted Use. You may use the App solely for its intended purpose: submitting feedback, communicating with club staff, and accessing club-related information and analytics consistent with your role. Your use must comply with your club's own policies and code of conduct. Prohibited Conduct. You agree NOT to, and NOT to permit any third party to: (a) submit false, misleading, defamatory, fraudulent, abusive, obscene, hateful, threatening, harassing, bullying, stalking, doxxing, or discriminatory content; (b) upload, share, or link to content that infringes, misappropriates, or violates any patent, copyright, trademark, trade secret, moral right, privacy right, publicity right, or any other intellectual-property or proprietary right of any third party; (c) attempt to gain unauthorized access to any part of the App, other user accounts, servers, or backend systems, or bypass any authentication, rate limit, encryption, or access control; (d) use automated means — including bots, scrapers, crawlers, data-mining tools, RPA, or scripts — to access, extract, reproduce, or aggregate any data from the App without our express written permission; (e) interfere with, disrupt, overload, impair, probe, or vulnerability-test the App or the networks, servers, or infrastructure that support it; (f) impersonate any person or entity, including MemberFocus personnel, club staff, or other members, or misrepresent your identity, role, or affiliation; (g) reverse engineer, decompile, disassemble, translate, or otherwise attempt to derive the source code of any portion of the App, except to the extent such restriction is prohibited by applicable law; (h) remove, obscure, or alter any proprietary notices contained in or on the App; (i) use the App to send unsolicited communications, chain letters, pyramid schemes, or other spam; (j) use the App to collect, process, or store personal information about any other user except as expressly authorized by the App's features; (k) use the App in connection with any unlawful, fraudulent, deceptive, or tortious activity, or in violation of any applicable law, regulation, or third-party agreement; (l) use the App to advertise, promote, solicit, or offer to sell goods or services, except as we authorize in writing; (m) resell, sublicense, rent, lease, time-share, or otherwise make the App available to any third party, or operate the App as a service bureau; (n) submit content that contains a virus, Trojan horse, worm, or other malicious code; or (o) encourage, enable, or assist any other person to do any of the foregoing. MemberFocus reserves the right, but has no obligation, to investigate any violation and to take appropriate action, including removing content, suspending or terminating accounts, reporting conduct to law enforcement, and pursuing civil remedies. Reporting Objectionable Content. Every submission, message, and photo in the App carries a "Report" affordance. When you submit a report: • Your club's managers receive the report and the surrounding context. • Managers commit to reviewing reports within twenty-four (24) hours of submission. • Content found to violate these Terms is removed promptly. The author may be warned, have their access temporarily suspended, or — for repeat or severe violations — be removed from the club at the committee's discretion. • You will receive an in-app confirmation when your report is received. Status updates beyond that are at the club's discretion. Blocking Abusive Users. Because MemberFocus operates within closed, invite-only club communities, individual user-to-user blocking is not currently exposed. Members who are subjected to abusive contact should report the content; the club committee has authority to revoke the offending member's access to the club and, by extension, the App. Reports of harassment, threats, or illegal content should also be made to law-enforcement authorities where appropriate. Emergency and Safety. The App's "Emergency Alert" banner is a club-operations notification (e.g., course closure, lightning hold, lost-child notice). It is NOT a public-safety, life-safety, or medical-emergency system. For any life-threatening emergency, call 911 or your local emergency-services number — do not rely on the App.
Role of MemberFocus. MemberFocus is a communications platform. We make it easier for members to communicate feedback to their clubs and for clubs to track and respond. We are NOT: • a party to any relationship between you and your club, between you and other members, or between you and any employee or contractor of a club; • a guarantor of any response time, outcome, refund, policy change, or other action by your club; • responsible for evaluating, verifying, or endorsing any User Content; • responsible for any injury, loss, damage, dissatisfaction, or outcome resulting from a club's actions, inactions, policies, or services; • obligated to mediate, arbitrate, or resolve disputes between users, or between a user and a club. No Reliance. You acknowledge that MemberFocus has no duty to review, correct, update, or remove User Content, and you should not rely on any User Content as accurate, complete, or safe without independent verification. Club Actions Are Club Actions. Any decision made by your club or its personnel in response to feedback submitted through the App — including investigations, discipline, expulsion, refusal of service, refund denials, or notifications to other members — is solely the club's decision. MemberFocus has no responsibility for and will not be liable for such decisions. Third-Party Services. The App relies on third-party services (including Supabase for data and authentication, and Apple for push notifications). We are not responsible for the acts, omissions, policies, or performance of any third-party service provider, and your use of the App is subject to those providers' applicable terms.
Ownership. As between you and MemberFocus, you retain ownership of your User Content. License to MemberFocus. You hereby grant MemberFocus and its affiliates, successors, and service providers a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable, irrevocable (for the term of copyright in such content), and perpetual license to host, store, cache, reproduce, transmit, publish, publicly display, publicly perform, modify, create derivative works of, and distribute your User Content, in any media now known or later developed, solely for the purpose of (a) operating, maintaining, improving, securing, and providing the App and related services; (b) complying with legal obligations; and (c) creating de-identified, aggregated analytics. The license survives termination of your account with respect to content previously shared with other users. License to Your Club. You also grant your club a non-exclusive, royalty-free license to access, use, internally reproduce, and act upon your User Content as reasonably necessary to address the matters described in it. Your club may retain your User Content in its own records consistent with its document-retention policies even after your account is terminated. Your Representations. Each time you submit User Content, you represent and warrant that: • you own or have all necessary rights, licenses, consents, and permissions to grant the licenses above; • your User Content does not and will not infringe, misappropriate, or violate any third-party right (including intellectual-property, privacy, publicity, or confidentiality rights); • your User Content is accurate and not misleading at the time of submission; • your User Content complies with these Terms, applicable law, and your club's rules; • you have obtained all required consents from any identifiable person depicted in a photograph, video, or audio recording you submit; • you will not submit User Content that includes confidential club financial, operational, or personnel data that you are not authorized to disclose; and • you will not submit protected health information, Social Security numbers, payment-card numbers, government-issued ID numbers, or other sensitive information we have not specifically requested. Feedback About the App. Suggestions, ideas, or feedback you provide about the App itself (as distinct from feedback directed to your club) may be used by MemberFocus without compensation or attribution, and you hereby assign to MemberFocus all right, title, and interest in and to any such feedback.
Ownership of the App. All right, title, and interest in and to the App — including all software, code, design, text, graphics, images, trademarks, service marks, logos, look and feel, organization, documentation, and other content provided by MemberFocus (excluding User Content) — are and will remain the exclusive property of MemberFocus, Inc. and its licensors. The App is protected by copyright, trademark, trade secret, and other laws. Limited License to You. Subject to your continued compliance with these Terms, MemberFocus grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one copy of the App on a device you own or control, solely for your personal, non-commercial use in accordance with these Terms. Reservation of Rights. No rights are granted to you by implication, estoppel, or otherwise other than those expressly granted. Nothing in these Terms gives you any right to use MemberFocus's name, logos, trademarks, service marks, or trade dress without our prior written consent.
MemberFocus respects intellectual-property rights and expects users to do the same. If you believe User Content submitted through the App infringes your copyright or other IP rights, send a DMCA takedown notice to: DMCA Designated Agent: support@memberfocusapp.com Your notice must include each element required by 17 U.S.C. § 512(c)(3): (a) a physical or electronic signature of the rights holder or authorized agent; (b) identification of the copyrighted work or other IP claimed to be infringed; (c) identification of the allegedly infringing material, with information reasonably sufficient to permit us to locate it; (d) your contact information (name, address, telephone number, email); (e) a statement that you have a good-faith belief that the use is not authorized by the rights holder, its agent, or the law; and (f) a statement, under penalty of perjury, that the information is accurate and that you are the rights holder or authorized to act on the rights holder's behalf. In-App Flagging. You may also use the in-app "Flag Content" feature on any submission, message, or image to report potentially infringing, inappropriate, or unlawful content. Flagged content is reviewed by club managers, and we will remove or disable access to content that materially violates these Terms or applicable law. Counter-Notice. If you believe content was removed in error, submit a counter-notice to support@memberfocusapp.com with the information required by 17 U.S.C. § 512(g). Repeat-Infringer Policy. MemberFocus will terminate the accounts of users determined to be repeat infringers.
Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, disclose, and protect your information. The Privacy Policy is incorporated into these Terms by reference. Please review it carefully before using the App.
THE APP, INCLUDING ALL CONTENT, FUNCTIONALITY, USER CONTENT, AND SERVICES MADE AVAILABLE THROUGH IT, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MEMBERFOCUS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MEMBERFOCUS DOES NOT WARRANT THAT: • THE APP WILL MEET YOUR REQUIREMENTS; • THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, ERROR-FREE, OR BUG-FREE; • ANY DEFECTS OR ERRORS WILL BE CORRECTED; • THE RESULTS OBTAINED FROM USE OF THE APP WILL BE ACCURATE, RELIABLE, OR ACTIONABLE; • ANY USER CONTENT IS ACCURATE, COMPLETE, LAWFUL, OR SAFE; OR • ANY CLUB WILL READ, ACKNOWLEDGE, RESPOND TO, OR ACT ON ANY FEEDBACK SUBMITTED THROUGH THE APP. YOU USE THE APP AT YOUR SOLE RISK. ANY CONTENT DOWNLOADED OR OBTAINED THROUGH THE APP IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE DURATION OF ANY IMPLIED WARRANTY IS LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MEMBERFOCUS, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, EMOTIONAL DISTRESS, OR PERSONAL INJURY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) ANY DAMAGES ARISING FROM: (i) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE APP; (ii) THE CONDUCT, STATEMENTS, OR CONTENT OF ANY OTHER USER, CLUB, OR THIRD PARTY; (iii) ANY INFORMATION OBTAINED FROM THE APP; (iv) ANY ACTION OR INACTION BY ANY CLUB, INCLUDING ITS HANDLING OF ANY FEEDBACK; (v) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS, OR DATA; (vi) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP; OR (vii) ANY MALICIOUS CODE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY. CAP ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MEMBERFOCUS AND ITS AFFILIATES AND SERVICE PROVIDERS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP (WHETHER IN CONTRACT, TORT, STATUTE, OR ANY OTHER THEORY) WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID DIRECTLY TO MEMBERFOCUS (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100 USD). ESSENTIAL BASIS. YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MEMBERFOCUS AND THAT THESE TERMS WOULD NOT BE PROVIDED WITHOUT THEM. THE LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES. IF YOU LIVE IN SUCH A JURISDICTION, SOME OR ALL OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU, AND YOUR REMEDIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend (at our option), and hold harmless MemberFocus, its affiliates, and each of their respective officers, directors, employees, agents, licensors, successors, and assigns (the "Indemnified Parties") from and against any and all claims, demands, actions, investigations, proceedings, liabilities, losses, damages, judgments, settlements, costs, and expenses — including reasonable attorneys' fees and court costs — arising out of or related to: (a) your access to or use of the App; (b) your User Content, including any claim that your User Content infringes, misappropriates, or violates any third-party right; (c) your breach or alleged breach of these Terms or any representation or warranty contained herein; (d) your violation of any applicable law, regulation, or third-party agreement; (e) your violation of the rights of any other person or entity, including other users and your club; (f) any dispute between you and any other user, any club, or any third party; or (g) your negligence or willful misconduct. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You may not settle any matter subject to indemnification without our prior written consent.
Termination by You. You may terminate your account at any time by contacting support@memberfocusapp.com. Termination does not relieve you of obligations accrued prior to termination, including payment obligations (if any) and indemnification obligations. Termination by Us. We may, in our sole discretion and without liability, suspend, limit, or terminate your access to all or part of the App at any time, with or without notice, for any reason or no reason — including any actual, suspected, or alleged violation of these Terms, applicable law, or your club's rules; any conduct we reasonably believe harms other users, the App, our providers, or third parties; or the termination of your club's subscription to MemberFocus. Effect of Termination. Upon termination, your right to use the App will immediately cease. We may (but are not obligated to) retain, delete, or anonymize your User Content as described in the Privacy Policy. Sections 4, 5 (license grants for retained content), 6, 9, 10, 11, 13, 14, 15, and 16 survive any termination of these Terms.
These Terms, and any non-contractual obligations arising out of or related to them, are governed by the laws of the State of North Carolina, U.S.A., without regard to its conflict-of-laws principles. To the extent a court or arbitrator concludes that any provision is unenforceable under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, and the remainder will continue in full force.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. Agreement to Arbitrate. Except for the Exceptions below, you and MemberFocus agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App ("Dispute") will be resolved exclusively through FINAL AND BINDING INDIVIDUAL ARBITRATION, rather than in court. Jury and Class Waiver. YOU AND MEMBERFOCUS EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION. DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY. THE ARBITRATOR HAS NO AUTHORITY TO CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR TO PRESIDE OVER ANY REPRESENTATIVE OR CLASS PROCEEDING. Informal Resolution First. Before initiating arbitration, you agree to first contact us at support@memberfocusapp.com with a written description of the Dispute and the relief you seek, and to negotiate in good faith for at least sixty (60) days. Arbitration Rules. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules"), as modified by these Terms. If the AAA is unavailable, the parties will select another established ADR provider. The arbitration will be conducted in North Carolina or by video/telephone, at your election for claims under $25,000. Arbitrator's Authority. The arbitrator has exclusive authority to resolve any Dispute, including any question about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that only a court of competent jurisdiction may decide whether the class- and representative-action waiver is enforceable. Exceptions. Either party may (a) bring an individual action in small-claims court for any claim within its jurisdiction; (b) seek injunctive or equitable relief in any court of competent jurisdiction to prevent or enjoin actual or threatened infringement, misappropriation, or violation of its intellectual-property rights; and (c) pursue any claim that cannot be arbitrated by law. Fees. Each party pays its own attorneys' fees unless the arbitrator awards fees as permitted by applicable law. Filing fees follow the AAA Rules; MemberFocus will pay the portion of filing fees that exceeds the cost of filing a lawsuit to the extent required by the AAA Rules. 30-Day Opt-Out. You may opt out of this arbitration agreement by sending written notice to support@memberfocusapp.com within thirty (30) days after first accepting these Terms. The notice must include your full name, the email address associated with your account, and an unambiguous statement that you are opting out of arbitration. Opting out will not affect any other provision of these Terms. Survival. This Section 14 survives termination of your account or these Terms.
If you obtained the App from Apple's App Store, the following additional terms apply (the "Apple Terms"), and in the event of a conflict between the Apple Terms and the rest of these Terms, the Apple Terms control with respect to your use of the App on an Apple device: • These Terms are concluded between you and MemberFocus, not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content. • Your license to use the App is limited to a non-transferable license to use the App on an Apple-branded product running iOS or iPadOS that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. • Apple has no obligation to furnish maintenance or support services for the App. • In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation, and any claims attributable to a failure to conform to any warranty will be MemberFocus's sole responsibility. • MemberFocus, not Apple, is solely responsible for addressing any user claims relating to the App, including (i) product-liability claims, (ii) claims that the App fails to conform to any legal or regulatory requirement, and (iii) claims arising under consumer-protection or similar legislation. • In the event of any third-party claim that the App or your use of it infringes that third party's intellectual-property rights, MemberFocus, not Apple, will be solely responsible for investigation, defense, settlement, and discharge of the claim. • You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist-supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. • Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
Export Controls. The App is subject to United States export-control laws and may be subject to export or import regulations in other countries. You agree not to directly or indirectly export, re-export, transfer, or release the App to any destination, person, or end use prohibited or restricted by U.S. law. U.S. Government Users. The App is "commercial computer software" as defined in 48 C.F.R. 2.101. If acquired by or on behalf of a U.S. Government agency, the Government's rights will be only those granted to all other end users pursuant to these Terms.
MemberFocus will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, pandemics, epidemics, public-health emergencies, strikes, labor shortages, utility or telecommunications outages, internet or hosting-provider failures, denial-of-service attacks, or shortages of transportation, fuel, energy, labor, or materials.
By using the App, you consent to receive communications from us electronically, including notices required by law, and you agree that all agreements, notices, disclosures, and communications we provide electronically satisfy any legal requirement that such communications be in writing. You represent that you have the hardware and software necessary to receive electronic communications. You may withdraw this consent by deleting your account, but withdrawal will not affect the legal validity of communications provided before withdrawal. You further consent to the use of electronic signatures — including clicking "I Agree," "Accept," or a similar button — as binding electronic signatures equivalent to a handwritten signature under the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN), the Uniform Electronic Transactions Act (UETA), and any similar state or foreign law.
Under California Civil Code § 1789.3, California users are entitled to know that they may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 to resolve a complaint regarding the App or to receive further information about its use. California residents also have specific privacy rights described in the Privacy Policy.
We may modify these Terms from time to time. When we make material changes, we will update the "Effective Date" and "Version" at the top of this document and require you to re-accept the updated Terms before continuing to use the App. Non-material changes (typos, formatting, cross-references) may be posted without a version bump. If you do not agree to the updated Terms, your only remedy is to stop using the App and request account deletion. Continued use after you have had an opportunity to review the updated Terms constitutes acceptance.
Entire Agreement. These Terms, together with the Privacy Policy and any additional terms presented when accessing specific features, constitute the entire agreement between you and MemberFocus concerning the App and supersede all prior or contemporaneous agreements, communications, and proposals (oral, written, or electronic) on the subject. No Waiver. Our failure to exercise or enforce any right or provision does not operate as a waiver of that right or provision. Severability. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be severed or modified to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without MemberFocus's prior written consent. Any attempted assignment in violation of this provision is void. MemberFocus may assign its rights and obligations without restriction and without notice. No Third-Party Beneficiaries. Except for Apple and its subsidiaries as expressly provided in Section 15, these Terms do not confer any rights or remedies on any person other than the parties. Relationship. Nothing in these Terms creates any partnership, joint venture, employment, franchise, or agency relationship between you and MemberFocus. Notices. MemberFocus may provide notice to you through the App, by email to the address associated with your account, or by any other reasonable method. Notices to MemberFocus must be sent to support@memberfocusapp.com. Headings. Section headings are for convenience only and do not affect interpretation. Interpretation. "Including" and "includes" are to be construed as if followed by "without limitation."
Questions about these Terms or the App: Legal / general: support@memberfocusapp.com Privacy-related requests: support@memberfocusapp.com DMCA / intellectual property: support@memberfocusapp.com Support: support@memberfocusapp.com Mail: MemberFocus, Inc. · Contact by email at support@memberfocusapp.com