Partner Website Terms of Use

These terms do not, by themselves, govern a Partner organization’s use of a Memory Bright account, application, pilot, subscription, implementation, or contracted service. Those activities may be subject to a separate pilot agreement, services agreement, order form, end user license agreement, privacy notice, data processing addendum, business associate agreement, or other written terms.

1. Applicability and acceptance

By accessing or using the Partner website, you agree to these Terms of Use. In these terms, “Memory Bright,” “we,” “us,” and “our” mean Jamato, LLC, a Michigan limited liability company doing business as Memory Bright, and “you” means the individual accessing the website and, where applicable, the organization on whose behalf that individual acts.

If you access or use the website for an organization, you represent and warrant that you are authorized to act for that organization and to bind it to these terms. If you do not agree, do not use the website. If a separate written agreement applies and conflicts with these terms, the separate written agreement controls for the activities it governs.

2. Who may use the website

You must be at least 18 years of age and legally able to enter a binding agreement. The Partner website is intended primarily for care organizations, professional caregivers, referral sources, vendors, prospective partners, and other business representatives. You are responsible for the accuracy of information you submit and for having authority to provide information on behalf of an organization.

3. What the Partner website provides

The Partner website provides general information about Memory Bright, reminiscence-based engagement, Life Albums, Feature Albums, demonstrations, potential Partner workflows, and possible pilot or service opportunities. Content, screenshots, examples, feature descriptions, pricing references, program structures, availability, implementation details, and product capabilities may change. Website content is not an offer, commitment, service-level agreement, or guarantee that a particular feature, pilot, integration, or commercial arrangement will be available.

4. Inquiries, demonstrations, and Partner discussions

You may submit an inquiry or request a demonstration for legitimate business purposes. Submitting an inquiry does not create a partnership, agency, fiduciary relationship, customer relationship, exclusivity obligation, or obligation for either party to enter a transaction. Discussions, proposals, pilots, subscriptions, or contracted services become binding only through an applicable written agreement or accepted ordering process.

You are responsible for ensuring that information submitted through the Partner website is accurate, lawful, and appropriate for a public business inquiry channel. Do not submit confidential business information unless Memory Bright has agreed to receive it under an applicable confidentiality agreement.

5. Health information and sensitive information

Do not submit client, resident, patient, medical, clinical, or protected health information through the Partner website, its public inquiry forms, or public demonstrations. Do not submit Social Security numbers, full payment-card numbers, medical records, account passwords, or other highly sensitive information through an undesignated channel.

Unless Memory Bright expressly agrees otherwise in a separate written agreement, the Partner website is not intended to receive, maintain, or transmit protected health information under HIPAA, and Memory Bright is not acting as a HIPAA covered entity or business associate solely by operating the Partner website or responding to an inquiry.

6. Permitted and prohibited use

You may view public pages, share links to them, request information, and use downloadable materials only for internal evaluation or another purpose expressly authorized by Memory Bright. You may not:

• Use the website for an unlawful, fraudulent, deceptive, abusive, harassing, or harmful purpose.
• Interfere with website operation, security, availability, or another person’s use.
• Attempt unauthorized access to systems, accounts, source code, data, or restricted areas.
• Introduce malware, malicious code, or content designed to disrupt or compromise a system.
• Use automated tools to scrape, copy, monitor, or burden the website in an unreasonable manner.
• Impersonate another person or organization or misrepresent affiliation or authority.
• Submit material that infringes intellectual-property, privacy, confidentiality, publicity, or other rights.
• Reverse engineer, reproduce, republish, sell, sublicense, or commercially exploit website content except as permitted by law or written authorization.

7. Intellectual property

Memory Bright and its licensors own the website and its software, design, text, graphics, photographs, videos, demonstrations, interface images, Feature Album material, trademarks, service marks, logos, and other content, except where otherwise identified. These materials are protected by intellectual-property and other laws. No ownership is transferred through website access. Subject to these terms, Memory Bright grants you a limited, revocable, nonexclusive, nontransferable permission to view public website content for legitimate internal business evaluation.

Memory Bright, the Memory Bright logo, “Bringing Memories into the Moment,” and related names and marks may not be used without prior written permission. Third-party names and marks belong to their respective owners.

8. Submitted communications and feedback

You retain any rights you have in information submitted through an inquiry. You grant Memory Bright permission to use and disclose the submission as reasonably necessary to respond, evaluate a potential relationship, maintain business records, operate and protect the website, and comply with law, subject to the Partner Website Privacy Policy and any applicable confidentiality agreement.

If you voluntarily provide ideas, suggestions, or feedback about the public website or Memory Bright products without a separate written confidentiality or development agreement, Memory Bright may use that feedback without restriction or compensation, provided that this provision does not transfer ownership of your confidential information or preexisting intellectual property.

9. Third-party links and services

The website may link to third-party websites, demonstration platforms, scheduling tools, form providers, social-media pages, or other services. Links are provided for convenience and do not necessarily imply endorsement. Memory Bright does not control and is not responsible for third-party content, terms, availability, security, privacy, accuracy, or practices. Your use of a third-party service is governed by that provider’s terms.

10. No medical care, professional advice, or emergency service

Memory Bright is an engagement and reminiscence tool. The Partner website and its content are not a memory test, medical device, clinical treatment, diagnosis, treatment plan, professional caregiving service, emergency monitoring service, crisis-response service, or substitute for qualified healthcare or professional judgment. No healthcare provider-patient, therapist-patient, attorney-client, fiduciary, or other professional relationship is created through use of the website.

Do not rely on the website for urgent health, safety, medication, diagnosis, treatment, monitoring, or caregiving decisions. For an emergency, suspected abuse or neglect, or an immediate threat, contact 911 or the appropriate local emergency, healthcare, or protective service and follow the organization’s established procedures.

11. Availability, changes, and suspension

We aim to operate the website reliably, but interruptions and errors may occur. We may modify, suspend, or discontinue all or part of the website or its content at any time. We may restrict access when reasonably necessary to address security, misuse, legal requirements, technical problems, or violations of these terms. Memory Bright is not required to preserve or provide access to inquiry submissions through the website interface.

12. Disclaimer of warranties

To the maximum extent permitted by law, the Partner website and its content are provided “as is” and “as available.” Memory Bright disclaims all representations and warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, security, availability, and results. Memory Bright does not warrant that the website will be uninterrupted, error free, secure, or free of harmful components, or that any demonstration, pilot, product, or reminiscence-based activity will produce a particular clinical, behavioral, caregiving, operational, or financial outcome.

13. Limitation of liability

To the maximum extent permitted by law, Memory Bright and its members, managers, officers, employees, agents, licensors, service providers, successors, and assigns will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; lost profits, revenue, business opportunity, goodwill, data, content, or use; or costs of substitute services arising out of or relating to the Partner website or these terms, even if advised of the possibility of such damages.

To the maximum extent permitted by law, Memory Bright’s total liability arising out of or relating to the Partner website or these terms will not exceed the greater of one hundred U.S. dollars or the amounts paid directly to Memory Bright for use of the Partner website during the 12 months before the event giving rise to the claim. These limitations apply even if a remedy fails of its essential purpose, but they do not limit liability that cannot lawfully be limited.

14. Indemnification

To the extent permitted by law, you will indemnify, defend, and hold harmless Memory Bright and its members, managers, officers, employees, agents, licensors, service providers, successors, and assigns from third-party claims, losses, liabilities, damages, judgments, awards, costs, and expenses, including reasonable attorneys’ fees, arising from your unlawful misuse of the Partner website, information or material you submit, your violation of these terms, or your violation of another person’s rights. This section does not require indemnification to the extent a claim results from Memory Bright’s own conduct for which indemnification cannot lawfully be required.

15. Governing law and jurisdiction

These terms and all matters arising out of or relating to them or the Partner website are governed by the laws of the State of Michigan, without giving effect to conflict-of-law principles. Any legal action arising out of or relating to these terms or the Partner website must be brought in a state or federal court with jurisdiction in Michigan, and each party submits to the jurisdiction of those courts. This section does not limit a non-waivable right under applicable law.

16. Force majeure

Memory Bright will not be liable for failure or delay caused by events beyond its reasonable control, including acts of God, severe weather, flood, fire, earthquake, epidemic, war, terrorism, civil unrest, government action, labor disruption, power or internet outage, cyberattack, or failure of third-party hosting or telecommunications providers. Memory Bright will use reasonable efforts to reduce the effects and resume performance when practicable.

17. Assignment

You may not assign or transfer these terms or your rights or obligations under them without Memory Bright’s prior written consent. Memory Bright may assign these terms, including in connection with a merger, acquisition, financing, reorganization, or sale of assets, and will provide notice where required by law.

18. Notices

Notices relating to these terms must be in writing. Memory Bright may provide notice through the website, by email to an address supplied in an inquiry or business relationship, or by another legally permitted method. Notices to Memory Bright may be sent to support@mymemorybright.com or by certified mail to Memory Bright, 6625 W Echo Valley Road, Empire, MI 49630.

19. Waiver, severability, and entire terms

A waiver is effective only if in writing and signed by the party granting it. Failure or delay in exercising a right is not a waiver. If a provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will continue. These terms and the Partner Website Privacy Policy constitute the entire agreement concerning use of the public Partner website, but they do not replace a separate written agreement governing a pilot, account, application, subscription, implementation, or contracted service.

20. Relationship of the parties and third-party beneficiaries

The parties are independent. Website use or business discussions do not create a partnership, joint venture, agency, employment, franchise, fiduciary, or exclusive relationship. These terms benefit only the parties and their permitted successors and assigns; no other person is a third-party beneficiary.

21. Survival

Provisions concerning intellectual property, submitted communications and feedback, disclaimers, limitations of liability, indemnification, governing law, notices, and any provision that by its nature should survive will remain effective after use of the website ends.

22. Changes to these terms

We may update these terms prospectively. The date above identifies the current version. When required by law, we will provide additional notice of material changes. Continued use after updated terms become effective constitutes acceptance to the extent permitted by law.

23. Copyright concerns and contact

Report allegedly infringing website material to support@mymemorybright.com with a description of the material, its location, your contact information, and the rights you claim. Other questions may be directed to Jamato, LLC dba Memory Bright at support@mymemorybright.com, (231) 714-4533, or 6625 W Echo Valley Road, Empire, MI 49630.