XMC TERMS OF SERVICE

Welcome to the Extreme Memory Challenge website (“Site”). Please review the following terms and conditions that govern use of this Site. By accessing or using this Site, you agree to follow and be bound by these terms and conditions (the “Agreement”).

Services

You may use the services, software, and tools associated with our Site (collectively "Services") only for the purposes of the Site and as permitted by law, including applicable export and re-export control laws and regulations. You may not misuse our Services. For example, you may not interfere with the Services or try to access them using a method other than the interface and the instructions that we provide. You may not use content accessed by our Services unless you obtain permission from the owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. You may not remove, obscure, or alter any legal notices displayed in or along with our Services. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Some of our Services may be available on mobile devices. You may not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws. In connection with your using the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Our Services may display some content by an entity other than XMC. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don't assume that we do. In addition, if you access this Site outside of the United States and use the Services, you fully understand and unambiguously consent to the transfer of your personal information to, and the collection and processing of such personal information in the United States.

Intellectual Property

Using our Services does not give you ownership of any intellectual property rights in the Services or the content you access. The Site, including all services, software, tools, functionality, content, and other components (“Offerings”) are owned by Dart NeuroScience, LLC (the “Company”). The Company reserves all intellectual property rights and proprietary right in the Offerings. Features associated with Extreme Memory Challenge may be the subject matter of pending and issued patents assigned to the Company. No rights are granted to any user of this Site. The marks EXTREME MEMORY™ and XMC™, among others, are trademarks of the Company in the United States and other countries. No rights are granted to any user of this Site. Without the prior consent of XMC, you may not download, copy, or store XMC content in any form outside of XMC and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any XMC content. All data and algorithms in our files and associated servers are ‘trade secrets’ as defined, without limitation, in the California Uniform Trade Secrets Act.

User Content

In using the Services, including the training and testing modules, you may generate data and information (collectively "User Content"). You agree to assign, and do hereby assign to DNS the exclusive ownership of all rights (including publication rights) to the User Content, subject to the privacy policies on this Site.

Applicable Law

Any and all actions, claims, disputes, or controversies relating to these terms and conditions, the use of this Site, or any materials therein shall be governed by the law of the State of California, USA, without regard to its conflict-of-laws principles. By using this site, you expressly consent to the exclusive forum, jurisdiction, and venue of the state and federal courts of San Diego County, California, USA in such actions, claims, disputes, or controversies.

Contact:

Extreme Memory Challenge
Dart NeuroScience, LLC
ATTN: Chief Operating Officer.
12278 Scripps Summit Drive
San Diego, CA 92131, USA