Please Note: These Terms of Use contain an exclusive jurisdiction clause, an arbitration clause, indemnification obligations, disclaimers of warranties and limitations of liability. Please review these Terms of Use in their entirety.
Welcome to www.monmade.org (the “Site”). These Terms of Use (“Terms of Use”) explain a contractual agreement between you (“you,” “your”) and Monmade, LLC (“we,” “us,” “our”), regarding your use of the Site and your access to the content and services available on the Site.
AGREEMENT TO TERMS OF USE.
By using the Site, you agree to these Terms of Use. If you do not accept these Terms of Use, you are not authorized to use the Site. We reserve the right to change these Terms of Use from time to time, and your continued use of this Site constitutes your acceptance of and agreement with any such changes. You must be eighteen (18) years of age or older (except in the case of legal residents of certain states where the legal age of majority is greater than eighteen (18) years of age) in order to use the Site or any Service.
PRIVACY POLICY.
By agreeing to these Terms of Use, you also agree to our Privacy Policy located at www.monmade.org/privacy/ which is incorporated herein by reference. Like these Terms of Use, the Privacy Policy is subject to change from time to time. Your continued use of the Site constitutes your acceptance to any changes to the Privacy Policy.
OWNERSHIP.
The Site and all intellectual property rights included in or related to the Site (including but not limited to any information databases, copyrights, trademarks and service marks), are owned or licensed by us, and all right, title and interest in and to the Site and the related intellectual property rights remain our property (or the property of the respective licensors). You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Site and any content, information or functionality contained therein. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or its content.
THIRD-PARTY LINKS AND CONTENT.
The Site may contain information or other functionality provided by various third party providers. The Site may also contain links to third-party websites not under our control or operation. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site. Use of any third party information or functionality may be conditioned upon terms and conditions of such third party providers.
DISCLAIMER OF WARRANTIES.
The material in the Site may include technical inaccuracies or typographical errors. YOU USE THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS,” WHERE IS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH YOU. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, ACCURACY OR TITLE. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR AGAINST INFRINGEMENT. We also do not guarantee uninterrupted or secure access to the Site, that defects will be corrected, or that the Site or the servers that make it available are free of viruses or other harmful components.
LIMITATION OF LIABILITY.
We are not responsible for any loss or injury whatsoever due to content or other information published through this Site. The Site may be unavailable due to maintenance or other factors and we will have no liability for any such unavailability. We will also not have any liability for any loss of data, degraded data, old or out-dated data, or errors in data resulting from non-deliveries, mis-deliveries or service interruptions caused by us, any third-party acts or any other web host provider or the Internet infrastructure and network external to the Site. The limitations of liability provided in these Terms of Use inure to our benefit and to the benefit of our affiliates, and to all of our respective officers, directors, employees and agents.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED $100.
Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.
TERMINATION.
We may, in our sole discretion and at any time, discontinue the Site, either in part or in whole, with or without notice. You agree that any termination of your access to the Site may be affected without prior notice, and you agree that we shall not be liable to you or any third-party for any such termination.
LAWS AND REGULATIONS.
You must comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Site and (ii) release of information to and retrieval of information from the Site.
ASSIGNMENT.
You will not have the right to assign or transfer your rights under these Terms of Use to any other person or entity without our prior written consent, which consent may be withheld for any reason or for no reason. Furthermore, you acknowledge and agree that your access to and use of the Site may not be sublicensed or otherwise transferred voluntarily or by operation of law to any third party. Any attempted assignment, license, sublicense or transfer by you, whether voluntary or involuntary, is void and grounds for termination of your rights under these Terms of Use.
CONTACT.
If you have any problems, questions or complaints about these Terms of Use, the Privacy Policy or the Site, please contact us at info@monmade.org.
GOVERNING LAW AND JURISDICTION.
The Site is managed and controlled by us from our offices in Pennsylvania. It can be accessed from the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of Pennsylvania, by accessing the Site, you agree that these Terms of Use and your use of the Site shall be governed in all respects by the internal substantive laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws provisions. ANY CLAIM BROUGHT BY YOU AGAINST US ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE PRIVACY POLICY OR THE SITE SHALL BE BROUGHT WITHIN SIX (6) MONTHS OF THE EVENT OUT OF WHICH SUCH CLAIM OR ACTION AROSE, AND SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED EXCLUSIVELY IN PITTSBURGH, PENNSYLVANIA, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF.
MISCELLANEOUS.
Headings are for reference purposes only. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside. These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof.
BY USING THE SITE AND/OR ACKNOWLEDGING ACCEPTANCE OF THESE TERMS OF USE ON THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE.
Last Revised – October 12, 2020