Welcome to TannerRitchie Publishing’s MEMSO Shell! We are a subscription service that provides our clients with access to store, manage and retrieve electronic data.

These Terms of Use govern your use of our service. As used in these Terms of Use, “TannerRitchie Publishing’s MEMSO Shell service,” “our service” or “the service” means the service provided by TannerRitchie Publishing’s MEMSO Shell for managing and viewing electronic data, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

  1. Acceptance of Terms of Use
    1. These Terms of Use, which include our Privacy Policy (www.memsoshell.com/PrivacyPolicy) and End User License Agreement (www.memsoshell.com/EULA) (“EULA”) govern your use of TannerRitchie Publishing’s MEMSO Shell service. By using, visiting, or browsing TannerRitchie Publishing’s MEMSO Shell service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use TannerRitchie Publishing’s MEMSO Shell service.
    2. The TannerRitchie Publishing’s MEMSO Shell service is provided by TannerRitchie Publishing.
  2. Changes to Terms of Use. TannerRitchie Publishing’s MEMSO Shell may, from time to time, change these Terms of Use, including the Privacy Policy and EULA. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We will endeavour to post prior versions of the Terms of Use, if any, for the preceding 12-month period. You can see these prior versions by visiting our website (www.memsoshell.com/priorterms).
  3. Privacy. Personally identifying information is subject to our Privacy Policy (www.memsoshell.com/PrivacyPolicy), the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.
  4. Communication Preferences. By using TannerRitchie Publishing’s MEMSO Shell service, you consent to receiving electronic communications from TannerRitchie Publishing relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on TannerRitchie Publishing’s MEMSO Shell service, or in the “Your Account” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with TannerRitchie Publishing. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, you will be able to unsubscribe using links directly in the messages we send..
  5. Membership, Free Trials, Billing and Cancellation
    1. Membership
      1. Ongoing Membership. Your TannerRitchie Publishing’s MEMSO Shell membership, which may start with a free trial, will continue month-to-month or year-to-year unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use TannerRitchie Publishing’s MEMSO Shell service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.
      2. Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with TannerRitchie Publishing’s MEMSO Shell by visiting our website and clicking on the “Your Account” link. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
    2. Free Trials
      1. Your TannerRitchie Publishing’s MEMSO Shell membership may start with a free trial. The free trial period of your membership lasts for one 30 days, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. TannerRitchie Publishing’s MEMSO Shell reserves the right, in its absolute discretion, to determine your free trial eligibility.
      2. We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our admin area of your MEMSO Shell website and click on the link for the ”Account” page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
      3. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK THE ” ACCOUNT” LINK in your MEMSO Shell admin area (www.memsoshell.com) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
    3. Billing
      1. Recurring Billing. By starting your TannerRitchie Publishing’s MEMSO Shell membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of TannerRitchie Publishing’s MEMSO Shell service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
      2. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
      3. Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your TannerRitchie Publishing’s MEMSO Shell membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership.
      4. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
      5. Payment Methods. You may edit your Payment Method information by visiting the admin are of your MEMSO Shell website and clicking on the “Account” link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
      6. Cancellation. You may cancel your TannerRitchie Publishing’s MEMSO Shell membership at any time. To cancel, go to the “Account” page on in the admin area of your MEMSO Shell website and follow the instructions for cancellation. If you cancel your membership, your account will automatically be closed and all associated data deleted from our servers.
  6. TannerRitchie Publishing’s MEMSO Shell Service
    1. We continually update TannerRitchie Publishing’s MEMSO Shell service. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of movies and TV shows, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
    2. You agree to use TannerRitchie Publishing’s MEMSO Shell service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in TannerRitchie Publishing’s MEMSO Shell service; use any robot, spider, scraper or other automated means to access TannerRitchie Publishing’s MEMSO Shell service; decompile, reverse engineer or disassemble any software or other products or processes accessible through TannerRitchie Publishing’s MEMSO Shell service; insert any code or product or manipulate the content of TannerRitchie Publishing’s MEMSO Shell service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with TannerRitchie Publishing’s MEMSO Shell service, including any software viruses or any other computer code, files or programs.
    3. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.
  7. Passwords & Account Access
    1. The member who created TannerRitchie Publishing’s MEMSO Shell account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over TannerRitchie Publishing’s MEMSO Shell account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting TannerRitchie Publishing’s MEMSO Shell Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
    2. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to TannerRitchie Publishing’s MEMSO Shell website and not through a hyperlink in an email or any other electronic communication, even if it looks official. TannerRitchie Publishing’s MEMSO Shell reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. TannerRitchie Publishing’s MEMSO Shell is not obligated to credit or discount a membership for holds placed on the account by either a representative of TannerRitchie Publishing’s MEMSO Shell or by the automated processes of TannerRitchie Publishing’s MEMSO Shell.
  8. Disclaimers of Warranties and Limitations on Liability
    1. THE MEMSO SHELL SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE MEMSO SHELL SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. MEMSO SHELL DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE MEMSO SHELL SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. MEMSO SHELL SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, MEMSO SHELL READY DEVICES, AND MEMSO SHELL SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
    2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL TANNERRITCHIE PUBLISHING OR ANY OF ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
    3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
    4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
  9. Intellectual Property
    1. Copyright. The TannerRitchie Publishing’s MEMSO Shell service, including all content provided on TannerRitchie Publishing’s MEMSO Shell service, is protected by copyright, trade secret or other intellectual property laws and treaties.
    2. TannerRitchie Publishing does not claim or acquire any intellectual property rights in content uploaded by you or you users.
  10. Governing Law
    1. For all other TannerRitchie Publishing’s MEMSO Shell members, these Terms of Use shall be governed by and construed in accordance with the laws of the province of Ontario, Canada, without regard to conflict of laws provisions.
    2. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
  11. Use of Information Submitted. TannerRitchie Publishing’s MEMSO Shell is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to TannerRitchie Publishing’s MEMSO Shell service, including TannerRitchie Publishing’s MEMSO Shell website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving TannerRitchie Publishing’s MEMSO Shell service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
  12. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Last updated: September 1, 2016