Memory Lane Dementia Community/Terms & Conditions
Your Use of This Website is Governed By These Terms & Conditions
LAST UPDATED: 08/01/2020
Welcome to MemoryLaneDementiaCommunity.com. These Terms & Conditions apply to the Memory Lane Dementia Community website located at https://www.memorylaneliving.org/ and all other sites, mobile sites, services, applications, platforms, and tools where these Terms & Conditions appear or are linked (collectively, the “Site”). As used in these Terms & Conditions, “Memory Lane”, “us” or “we” refers to Memory Lane Dementia Community LLC and its subsidiaries and affiliates.
Please read the following Terms & Conditions carefully as they affect your legal rights. These Terms & Conditions contain an arbitration agreement that requires the use of arbitration on an individual basis to resolve disputes rather than jury or any other court proceedings, or class actions of any kind. The arbitration agreement is set forth in the Arbitration Agreement section below.
Please read this section carefully. Except as the Terms & Conditions otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.
- Agreement to Binding Arbitration
You and Memory Lane agree that in the event of any claim, dispute, or controversy (whether in contract, tort, statute, or otherwise) arising out of, relating to, or connected in any way with (1) the site or (2) the breach, enforcement, interpretation, application, or validity of these Terms & Conditions, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these Terms & Conditions (the “Arbitration Agreement”).
- Exceptions to Arbitration
Notwithstanding the foregoing, in lieu of arbitration: (1) either you or Memory Lane can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) you agree that you or Memory Lane may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
- Jury Trial & Class Action Waiver
Except as the Terms & Conditions otherwise provide, you and Memory Lane Dementia Community acknowledge and agree that you are each waiving the right to a trial by jury. The parties further agree that any arbitration shall be conducted in their individual capacities and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and Memory Lane Dementia Community may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim.
If any court or arbitrator determines that any term in the immediately preceding paragraph is unenforceable for any reason as to any claim, then the Arbitration Agreement will be inapplicable to that claim, and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to the Arbitration Agreement.
- Governing Law & Arbitration Rules
The Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of this section. If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement, then that issue shall be resolved under the laws of the State of Georgia.
The arbitration will be conducted under the then current and applicable rules of the American Arbitration Association (“AAA”). The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
- Initiating Arbitration
If you intend to seek arbitration you must first send a written notice (“Notice”), by first class or certified mail to Memory Lane Dementia Community 244 Ascott Lane Woodstock, Georgia 30189. If Memory Lane intends to seek arbitration, Memory Lane will send a Notice to your current known address. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings.
A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to Memory Lane at Memory Lane Dementia Community 244 Ascott Lane Woodstock, Georgia 30188, and Memory Lane Dementia Community will send such copy to your current address or to your attorney, if you have retained one.
- Arbitrator’s Decision
The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Choice of Law, Forum Selection, & Jury Waiver
Except as set forth in the Arbitration Agreement section above, all matters relating to your access to or use of the site and all matters arising out of or related to these Terms & Conditions, will be governed by the applicable laws of the United States of America and the laws of the State of Georgia, without regard to Georgia’s choice of law principles. Unless you and Memory Lane agree otherwise, in the event that it is determined or these Terms & Conditions provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved in the United States District Court for the District of Georgia, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the District of Georgia for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Georgia located in Cobb County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you and Memory Lane Dementia Community both waive your right to a jury trial, unless waiver is unenforceable.
The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the FAA shall apply to any such disputes.
These Terms & Conditions, including policies and information linked from or incorporated herein or otherwise found on the Site, constitute the entire agreement between you and Memory Lane Dementia community with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. Except as provided in the Arbitration Agreement section, if any provision of these Terms & Conditions is held invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
Use of this Website and Information is at Your Own Risk
All material or information included within this website is for informational purposes only and should in no way be considered legal advice on any matter by any party whatsoever. No user may act or rely on any of the materials or information on this website and Memory Lane Dementia Community and its board of directors make absolutely no warranty or guarantee concerning the accuracy, reliability, completeness, availability, or timeliness of the contents of this site or of the information or documents therein. Use of materials found on this website, for any purpose whatsoever, is strictly at your own risk. Under no circumstances whatsoever shall Memory Lane Dementia Community be liable for any direct, indirect, legal, equitable, special, compensatory, incidental or consequential damages of any kind whatsoever arising from access to, use of or reliance upon this website or the information and documents contained therein.
Terms and Disclaimers are Subject to Change Without Notice
These terms and disclaimers may be changed without notice. It is each individual user’s responsibility to check and review these terms and conditions and it shall not be the responsibility of Memory Lane to inform users of any changes whatsoever.