Terms and Conditions of Service
Proprietary Rights. The content of the Sites includes, without limitation, (i) MonsteraX 's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively the "MonsteraX Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "MonsteraX Content"). MonsteraX Content is the property of MonsteraX, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected in all media now existing or hereafter developed, by law including, but not limited to, copyright, trade secret, patent and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any MonsteraX Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from MonsteraX. You may not alter, delete, obscure, or conceal any copyright or other notices appearing in the MonsteraX Content, including any such notices appearing on any MonsteraX Content.
License Restrictions. Unless otherwise expressly stated in these Terms or you receive MonsteraX 's prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Sites, any MonsteraX Content, or any portion thereof. Further, you may not (i) use the Sites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Sites, including MonsteraX Content; (ii) interfere with the proper working of the Sites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the Sites.
MonsteraX reserves the right to revise these Terms at any time in its sole discretion by posting revised Terms to the Sites. Your use of the Sites signifies your acceptance of all the terms and conditions contained within the Terms posted at the time of your use. You will be responsible for regularly reviewing the Terms posted to the Sites. No revision to these Terms, including to the Arbitration provision set forth herein, shall apply to a controversy or claim of which had actual notice on or before the date of any such revision.
You also acknowledge and agree that we may, from time to time, issue upgraded versions of the Sites, and may automatically electronically upgrade the version of any of the Sites that you are using on your mobile device, and these Terms will apply to all such upgrades.
Services Offered. MonsteraX is an online editorial, community and marketplace platform where subscribers can engage with curated plant related content specifically for plants. subscribers can also engage in buying, trading, selling and other forms of peer to peer selling. Accordingly, MonsteraX agrees to furnish its online marketplace platform services (the “Services”) to: (i) the visitors that browse the Sites; (ii) buyers and sellers of goods registered on the Sites; and (iii) any other users that have opened an account, all subject to the following Terms. Please remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. Therefore, if you elect to proceed with a transaction that involves the products or services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
Account Registration, Verification and Safety. In order to use our Services, you must create an account, including all mandatory fields on the registration form. You must provide accurate and complete information, and you hereby agree to keep the password to your account as confidential and not to communicate it or allow it to be available to third parties.
If you lose or disclose it, you must promptly inform us. You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential and must notify us immediately of any breach or unauthorized use of your account.
In order to maintain safe selling & safe buying principles and arbitrate as such, all plant sales that originate on the platform must be transacted on the platform. Any circumvention is subject to suspension, or banning.
Purchase Terms. All our sellers have undertaken to use reasonable commercial efforts to ensure that the quoted prices and descriptions are true, accurate, updated and correct, but notwithstanding the foregoing, MonsteraX cannot fully guarantee such information. Accordingly, the specifications, availability, eligibility, prices and characteristics of the products and services provided via the Sites will be subject to change at any time and may be discontinued without prior notice and without any responsibility on behalf of MonsteraX.
You authorize us to direct you to a payment portal run by a third-party payment processor who will charge your account for goods and services you wish to purchase on the Sites. Unless noted, fees are in US dollars and tax is additional. To the extent permitted by law, fees are nonrefundable, even for products for which a seller offers a refund. In order to maintain safe selling & safe buying principles and arbitrate as such, all plant sales that originate on the platform must be transacted on the platform. Any circumvention is subject to suspension, or banning.
The receipt of the order is recorded and confirmed by our platform, with the sending of an e-mail to the address indicated by the buyer during registration. Please keep the email until you receive the purchased product(s).
While products offered on-line via our Sites will usually be priced based upon the merchandise prices indicated by sellers, it is possible that you may encounter difference in prices due to promotional events and updated pricing at different times.
Please be advised that the color, condition and appearance of actual products may or will vary to the one displayed on your monitor. We strive to display the colors of the products shown on the Sites as accurately as technically feasible, but nonetheless we cannot guarantee that your monitor will display any color accurately.
MonsteraX does not make any representation or warranty regarding subjective elements of the products offered via the Sites.
Any and all product guarantees such as weight, amount, size, color, texture, species, genus, type and other measurable characteristics of the goods sold will be the responsibility of the sellers.
Due to the inherent perishable nature of the sold goods, under no circumstances will MonsteraX be responsible for the death of any and all plants, vegetables, vegetal matter or for other biological processes therefrom, including but not limited to, any damage during shipping or when transplanting the goods, inadaptability to new humidity, barometric pressure, temperature and/or sunlight, along with any plagues, diseases, fungus or parasites, whether in the purchased plants, or even if they infect your own garden, etc.
There may be occasions where a product that is listed by a seller has been incorrectly listed (e.g., typographical error, human error or system error). In such case, the seller hereby reserves the right to refuse or cancel any orders placed for any and all products incorrectly listed. If the payment processing method of the buyer has already been charged, the seller may cancel the order and issue a refund or credit in the amount of the incorrect price. However, in most scenarios, the seller on MonsteraX would be responsible for the processing fees collected by the payment processor and any servicing commission to MonsteraX.
Shipping Terms. The products sold through our platform are offered by third party sellers, who will offer delivery and set fees for such service on a case-by-case basis. We do not offer delivery services ourselves. However, in the future, we may offer buyers and sellers access to delivery support services from third-parties.
There may be listing and/or registration fees. Upon a buyer placing an order, payment from both the buyer and seller must be received and processed by MonsteraX prior to order processing and shipping
Once payment clears, the seller may proceed to shipping.
Before placing a final order for purchased items, buyers will be able to review the amount and type of shipping and handling fees for their order. All dates displayed are estimated, since sellers may use third party couriers to ship their products. All buyers should take into account that MonsteraX will not be responsible for any delays, additional expenses, customs fees and any problems caused by a seller or third-party courier.
Shipping fees are determined by numerous factors, such as dimensions, delivery address and type of shipping including by a third party shipping service. The site automatically sends entered information but please contact each seller and ensure they are given all required information, such as your address, country and zip code, for best results.
In the future, we may implement a calculator for shipping times and cost, through which buyers may decide before each completed order, as well as updates via parcel tracking technology integrated into the Sites. Notwithstanding, all shipping times are the responsibility of the sellers.
Depending on the buyer’s place of residence, the seller may collect taxes on orders placed. All of our users should be reminded that tax obligations are not optional.
As a final notice for this section, our sellers may not be able to ship items to certain regions, and, therefore, they should reject orders with delivery addresses in such regions.
Refund Terms. Once the buyer has successfully made a purchase, the seller is responsible to ship the product to arrive at buyer's location. Once the buyer receives all purchases have an automatic cool-off period of three (3) days in which the buyer can claim a dispute if any issues arise, counted from the date where the product was received by the buyer, as indicated by the courier service and marked delivered on the site by buyer. After such period, all purchases are automatically accepted and will remain final. After the cooling off period, money from the purchase will be transferred to the seller’s account.
However, in the event a dispute arises during the three (3) day period, MonsteraX may intervene as a last resort. It is our goal is to resolve any disputes as quickly as possible while being fair to both parties. If you are concerned about the refund policy, please ask the seller before you make your purchase or read their stated terms of sale. For more information, please take a look at our Disputes Between Users Section.
Our refund policy varies from seller to seller. We recommend our sellers put their return policy on their listings, profile pages, setup through their subscriber dashboard. In general, we honor a full refund or a partial refund, based on all evidence we collect from each party. In almost all cases, however, we expect that buyers and sellers will be able to settle the dispute among themselves.
In the case of a refund, the buyer will receive the full price of each order back, less our service fees and any merchant fees. In such case, the seller would not receive any amount at all. Once the refund is approved, MonsteraX will transfer the refund within no less than fifteen (15) days from the date our systems approve the refund or when the merchant approves the refund, whichever occurs later.
Buyer should include a description, video and images of the items in question, including the reason Buyer is seeking a refund, Buyer’s name, address, account information, payment details and product(s) along with images of the shipping package, the product and any defects or shipping damages. Buyer should keep in mind that Buyer will generally have to pay for the shipping and/or insurance on the shipment back to seller.
Disputes Between Users. It is highly recommended that sellers and buyers attempt to resolve their disputes. If within three (3) days of receipt a transaction is not resolved, a buyer may trigger a refund claim through the platform which will escalate the dispute to MonsteraX. MonsteraX will receive all supporting information from both sides and after carefully evaluating all the material, will decide, in its sole discretion, on a claim. MonsteraX is not liable for any money or value lost and will decide any dispute which is escalated to MonsteraX reasonably, but in its sole discretion.
Payment Terms. We use payment platforms provided by Stripe, a globally accepted third-party payment processor. Accordingly, the processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. MonsteraX is not responsible for any and all errors, fees and currency conversions fees by such payment processors.
If you elect to use a direct payment gateway in order to complete your purchase, then the third-party payment processors will collect and store credit card data. For ease of use, and much like most ecommerce sites, your credit card data will be stored with the payment processor, Stripe. We value your security, which is why we periodically review our security practices and procedures. Please refer to: https://stripe.com/docs/security/stripe for more information.
MonsteraX is a service provider independent from any payment processor made available through the Sites and MonsteraX cannot be responsible or liable for any dispute between you and such third-party payment processor, including, without limitation, if an attempted payment on the payment portal fails to complete because the transaction is denied by your credit card or financial institution due to a variety of reasons such as, without limitation, you have insufficient funds in your account, the transaction is above your credit limit or overdraft protection of your account, your payment account information is inaccurate or outdated, or otherwise.
You are also solely responsible, and in no circumstances can MonsteraX be liable, for any overdraft charges, late fees and other fees and/or penalties assessed by your financial institution in connection with any improper use of your cards or you bank account in connection with the Services.
MonsteraX also reserves the right to provide any customer incentives, allowances or credits, in its sole and absolute discretion from time to time.
Fees for Sellers & Buyers. Opening an account and listing products is free or available through a paid subscription. Once a sale is made from a seller’s listing, Stripe, our secure and globally trusted payment processor, will deduct the service and ACH fees, and deposit funds directly into the seller’s Stripe account.
- Listing fees: At a future date, we may charge fees for certain listings.
- Service fees: Each user transaction is charged a service fee of 2.99%.
- Additional Fees: Additional fees may be added at a later time.
- Taxes: Sales Tax on behalf of sellers may be added at a later time.
Disputes & Chargebacks. Buyers must provide us with valid and current billing information. Except as expressly set forth herein, all payment charges are final and non-cancelable. If we detect any chargeback or if any payment is not received by us or our payment processors for any reason, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.
A chargeback is typically caused when a Buyer disputes a charge that appears on Buyer’s bank or payment processing statement. A charge-back may result in the reversal of a transaction, with the amount charged back to you. You can be assessed chargebacks for: (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with payment processor network rules or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by our payment processor or the institutions handling the transaction.
When a chargeback is issued, you are immediately liable to MonsteraX for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction). Accordingly, you hereby represent and warrant that you expressly appoint MonsteraX as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us.
If we are unable to recover funds related to a charge-back for which you are liable, you will pay us the full amount of the chargeback immediately upon demand; thus, you agree to pay all costs and expenses, including without limitation, costs assessed by our payment processor, legal fees and other legal expenses incurred by or on behalf of us in connection with the collection of any unpaid charge-backs unpaid by you.
User Support. You can always contact our team with questions about our Services, and we will strive to answer them and work together in order to resolve any such inquiries. You must provide us with full details of your service query, so we can clearly assess your concerns.
If you have any questions or complaints regarding the Sites or our Services, please contact us by email as indicated on our contact web page. We will undertake commercially reasonable efforts in order to answer as quickly as possible.
User Generated Content. To the extent that you are and remain in compliance with applicable laws regarding your user generated content, including but not limited to compliance with applicable intellectual property laws, your user generated content will remain your property at all times whether or not posted on the Sites. You understand and agree, however, that upon your placing your user generated content on any of the Sites that you are thereby granting to us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable and sublicensable license to all such user generated content, so that we may use, reproduce, distribute, display, publish, create derivative works of, or otherwise make available the same to the public through the Sites or any other existing or future media or device whatsoever.
Intellectual Property Rights. The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on MonsteraX are the property of, or otherwise are licensed to, MonsteraX or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States and other jurisdictions throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as to, or to intend to, grant to you any right, title or interest in or to MonsteraX or our Services, in whole or in part.
‘Intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the United States and other applicable jurisdictions.
You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in MonsteraX and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.
Digital Millennium Copyright Act (‘DMCA’) Notice. In compliance with the DMCA, we inform you that MonsteraX is the Designated Copyright Agent for DMCA Takedown Notices and intellectual property rights infringement policing though the Sites, which you may contact by email. You can review the current DMCA text at the U.S. Copyright Office website.
MonsteraX takes copyright infringement matters seriously and is ready to remove any allegedly or factually infringing content displayed on the Sites upon due notice and request by the title holder.
The following procedure will apply for any content displayed through the Sites that allegedly infringes the intellectual property rights of you or of any third party. You must notify us of your claim and include the subject “Takedown Request” in the subject header. Once received, MonsteraX will study and consider your claim and, if it believes or has reason to believe any content on the Sites infringes on another’s copyright, MonsteraX may delete it, disable or otherwise stop displaying it.
Your notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones of the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g., address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.
Our affiliates, advertisers, partners and third party syndicated content providers may be adversely affected due to a DMCA Takedown Notice. Accordingly, upon receipt of any such notice, we will try to contact the content owner or webmaster of the affected site to uphold their right to a Counter Claim Notice, under Sections 512(g)(2), and (3) of the DMCA.
To file a Counter Claim Notice, please contact our Designated Agent indicated above, in writing, and with a Counter Claim Notice containing the following information, at a minimum: (i) express identification of the content that we may have or have removed from our Sites and section or domain it was displayed; (ii) contact information, such as your address and your email address; (iii) a signature and identification of the title holder and/or the person authorized to act; and (iv) a statement indicating that you swear, under penalty of perjury, that you have a good faith belief that the information provided in the Counter Claim Notice is true and accurate.
User Code of Conduct. As our user, you agree (i) to follow the MonsteraX Code of Conduct and (ii) not to undertake, motivate or facilitate the use or access of the Sites or the Services in order to:
- Infringe these Terms or allow, encourage, or facilitate others to do so.
- Plagiarize and/or infringe on the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
- Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
- Republish, sell, rent, or sub-license content or materials from the Sites without our authorization.
- Reproduce, duplicate, or copy material from the Sites without our authorization.
- Distribute, post, or otherwise make available any content that: (i) infringes on or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred, or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes on any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, pornographic or analogous material.
- Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
- Use any automated or manual process to obtain, copy, process, access and/or use our Sites or Services or any part therefrom to capture unauthorized data or content, for any purpose.
- Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from MonsteraX or any portion or data feeds therefrom. For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software ‘robots’ and ‘spiders’ and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.
- Use our services or application vulnerabilities to disseminate any type of computer viruses, worms, defects, trojan horses or other items of a destructive nature.
- Undertake any action that will or may cause an unreasonable load on MonsteraX’s and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from MonsteraX.
- Intercept or monitor activity via our Sites or Services, without our express authorization.
- Otherwise reverse engineer, de-compile or extract the proprietary code of the Sites and our Services.
Content Moderation. MonsteraX encourages users to report violations of our Terms. Each user is solely responsible for their activities and any content posted, transmitted or otherwise made available via our Services.
Parts of the Sites may offer an opportunity for users to post and exchange opinions and information in certain areas. MonsteraX does not filter, edit, publish or review comments prior to them being posted. Comments do not reflect the views and opinions of MonsteraX, its agents, and/or affiliates; but rather, they reflect the views and opinions of the person who posts his or her views and opinions. To the extent permitted by applicable laws, MonsteraX shall not be liable for the comments or for any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on our Sites. MonsteraX reserves the right to monitor all comments and to remove any comments which can be considered inappropriate, offensive, or cause breach of these Terms.
You agree we may moderate MonsteraX’s access to any visitor or user, at our sole discretion (e.g., by blocking, filtering, deletion, delay, omission, verification and/or access/account/license termination). You agree: (i) not to bypass said moderation: (i) that we are not liable for moderating, not moderating, or representations as to moderating; and (iii) nothing we say or do waives our right to moderate, or not.
The Internet is not an anonymous means of communications; thus, we cannot guarantee the confidentiality of any content that you provide to us via the Services. Each piece of content that you post is intended for public review, and except for content expressly marked as private, most user generated content that you share with us will result in such content being made publicly available for users in our Sites and other third-party websites, including search engines and social media sites. Not all content can be marked as private.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Sites and our Services.
No Spam Policy. We reserve the right to screen any user generated content to locate and delete any spam or deceiving coupon, code, offer or link to any product or service. We will not tolerate, and we will not allow others to undertake though our Services or Sites, any and all massive delivery of unsolicited bulk communications to our users or to any third party.
Any commercial electronic communication that you receive from us, our partners, licensors, suppliers and affiliates will require your prior consent to such communication. Our commercial communications will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Policy for more information.
Account Suspension & Termination. MonsteraX encourages you to report violations of our guidelines and Terms. Users undertaking conduct that may constitute a breach or suspected breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension/termination, at our sole and final discretion, without notice and without responsibility.
We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use our platform, or if you suspect a breach of security or unauthorized use of your account.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Sites or our Services.
Third Party Linking. The following organizations may link to our Sites without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Sites in the same manner as they hyperlink to the websites of other listed businesses; and
- System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Sites.
These organizations may link to our home page, to publications, or to other Sites information so long as the link: (i) is not in any way deceptive; (ii) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (iii) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- community sites;
- associations or other groups representing charities;
- online directory distributors;
- Internet portals;
- accounting, law, and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (i) the link does not cast us in an unfavorable light; (ii) the organization does not have any negative records with us; (iii) the benefit to us from the visibility of the hyperlink compensates the absence of MonsteraX, and (iv) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (i) is not in any way deceptive; (ii) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (iii) fits within the context of the linking party’s site.
If you are one of the organizations listed in the above-mentioned paragraph and are interested in linking to our website, you must inform us by sending an e-mail to email@example.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Sites, and a list of the URLs on our site to which you would like to link. Due to the increased volume, please wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Sites as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Sites being linked to that makes sense within the context and format of content on the linking party’s site.
No use of MonsteraX’s logo or other artwork will be allowed for linking absent of a trademark license agreement.
Updates & Amendments. MonsteraX reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, at any time and without notice. Any changes will be displayed in the Sites, and we may notify you by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services, whether by account registration or simple use, after the effective date of any update indicates your acceptance of these Terms.
Parental Notice. MonsteraX encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors. MonsteraX does not knowingly provide its Services to persons under the age of eighteen (18). If you are under such age, you can only use the Sites under the direct supervision of your parent or legal guardian. Users are prohibited from providing MonsteraX with personally identifiable information of persons under the age of eighteen (18) without the consent of their parents or legal guardians.
Term, Termination. The term hereof shall begin on the date that comes first among: (i) first access to the Sites; (ii) your first access or execution of any of our Services; or (iii) MonsteraX begins providing its Services to you.
The term hereof will automatically end on the earlier date of either your: (i) account deactivation or suspension; (ii) access termination or access revocation for our Services; (iii) MonsteraX’s termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by MonsteraX to you from time to time; or (v) MonsteraX’s decision to make the Sites or the Services no longer available for use, in our sole and final discretion. In the event of the end of the term hereof, all applicable provisions of these Terms will survive such termination.
Advertising, Opt-out. We may support the Sites and our Services through advertising and other commercial opportunities. These advertisements may be tailored to the content of the Sites, and the nature and extent of such advertising by us is subject to change without prior notice. The inclusion of advertisements on the Sites does not imply endorsement of the advertised products or services. MonsteraX shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Sites. Further, MonsteraX shall not be responsible or liable for the statements or conduct of any third-party advertisers appearing on the Sites. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers. Please refer to our Policy for information regarding certain advertisement opt-out.
Third Party Information. The Sites features materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, user-generated content, or other information made available by third parties such as content providers and other users of the Sites are those of the respective third party and not of MonsteraX or its affiliates. MonsteraX makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services or products.
Newsletters. The Sites may allow you to create and/or subscribe to a newsletter service, which may be provided by us or through an authorized third party. Through such newsletter, buyers may receive information according to seller’s preferences.
As a user, you may receive a standard communication indicating your subscription and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our electronic communications and in your account preferences.
Content Liability. We shall not be held responsible for any content that appears on any of the vendor stores on MonsteraX. No link(s) should appear on any website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of any third-party rights.
Reservation of Rights. We reserve the right to request that you remove all links or any particular link to our Sites. You agree to immediately remove all links to our Sites upon request.
Removal of links from the Sites. If you find any link on our Sites that is offensive for any reason, you are free to contact and inform us at any time. We will consider requests to remove links, but we are not obligated to do so or to respond to you directly. You acknowledge and agree that MonsteraX shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Sites. Each visitor or user is solely responsible for the contents of his or her communications and may be held legally liable or accountable for the content of his or her comments or other material or information.
No Endorsement. The images, texts, posts, information, photographs and other content and media displayed on or through the Sites are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our control as they are provided by MonsteraX vendors. Some of the images shown on the Sites are licensed and/or purchased stock photos and are only shown for illustration purposes. Some or all of the content displayed in the Sites is undertaken by external third parties, and does not reflect MonsteraX’s opinions, nor does MonsteraX, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.
Disclaimer of Warranty. To the fullest extent permissible under applicable law, the Sites and the Services are provided to you “as is,” with “all faults” and “as available,” without warranty of any kind. MonsteraX, and its affiliates, clients, agents, officers, licensors and/or distributors do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including, but not limited to, implied warranties of description, quality, fitness for a particular purpose, non-infringement, and non-interference with use and/or enjoyment. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the Sites or MonsteraX Content is to cease using the Sites and MonsteraX Content.
MonsteraX, its parent, subsidiaries, affiliates and their officers, managers, directors, employees and agents shall not be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (i) out of the use of or inability to use the Sites and/or any MonsteraX Content; (ii) from any interruption in the availability of the Sites and/or MonsteraX Content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the Sites, or transactions entered into, through or from the Sites; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on the Sites; (vii) from any delay or failure of the Sites arising out of causes beyond MonsteraX’s control; (viii) out of the use of, reference to, or reliance on, the MonsteraX Content; (ix) out of any third party materials, information, products and services contained on, or accessed through, the Sites; (x) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on third party websites; or (xi) out of any other matter relating to the Sites or MonsteraX Content, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not MonsteraX, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.
In the event you are dissatisfied with, or dispute, these Terms, the Sites and/or the MonsteraX Content, your sole right and exclusive remedy is to terminate your use of the Sites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that MonsteraX has no other obligation, liability or responsibility to you or any other party.
Limitation of Liability. If a user suffers loss or damage as a result of MonsteraX’s negligence or failure to comply with these Terms, any claim by such user against us will be limited in respect of any one incident, or series of connected incidents, to the fees paid by such user in the previous three (3) months or the amount of direct loss or damage suffered by the customer, whichever is less.
These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Indemnification. You agree and acknowledge to indemnify, hold harmless, and defend MonsteraX, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the**“MonsteraX’s Indemnitees”**) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such MonsteraX’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by MonsteraX); and/or (ii) any third party claim arising out of or in relation to the Sites, the Products or the Services or use thereof in combination with your business platform, including without limitation, any claim that the Sites, the Products or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person.
Assignment. These Terms will inure to the benefit of any successors of the parties. We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are thereby reserved. These terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to transfer some or all of MonsteraX’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Force Majeure. MonsteraX is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond MonsteraX’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, government mandated lockdowns, pandemics, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.
Entire Agreement. These Terms constitute the complete and exclusive statement of the agreement between the Parties with respect to the subject matter of these Terms, and these Terms supersede any and all prior oral or written communications, proposals, representations, and agreements. The Terms may be amended only by mutual agreement expressed in writing and signed by both parties, and any attempted amendment in violation of this section shall be void.
Equitable remedies. You hereby acknowledge and agree that if these Terms are not specifically enforced, MonsteraX will be irreparably damaged, and therefore you agree that MonsteraX shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.
Language. These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.
No Embargo. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S.A., European Union or other government’s embargo, or that has been designated as a “terrorist supporting” country; and (ii) you are not listed on any government list of prohibited or restricted parties or activities.
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
No Relationship. You and MonsteraX are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
No Waiver. Failure by MonsteraX to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
Use of Websites and Content outside of the United States. MonsteraX makes no claims regarding access or use of the Sites or the MonsteraX Content outside of the United States. If you use or access the Sites or the MonsteraX Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms.
Applicable Law, Dispute Resolution.
Governing Law. These Terms and all matters regarding your use of the Sites shall be governed by, construed in accordance with, and enforced under the laws of the State of New York applicable to contracts made and executed and wholly performed in the State of New York, without regard to its choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by MonsteraX that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the terms of these Terms. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This arbitration applies to you and MonsteraX, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (a “Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to MonsteraX should be sent to our address as indicated in our contact section. After the Notice is received, you and MonsteraX may attempt to resolve the claim or dispute informally. If you and MonsteraX do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. The amount of the award shall also be limited by the Limitation of Liability section of these Terms, to the extent applicable.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (AAA) Rules, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If the AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms.
The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand Dollars ($10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand Dollars ($10,000.00) or more, the right to a hearing will be determined by the ADR Provider Rules.
Any hearing will be held in a location within 100 miles of MonsteraX’s primary business premises, unless the parties agree otherwise. If you reside outside of State of North Carolina, the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings, as detailed below. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, reputable video conference-based tools and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or MonsteraX elect to pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the ADR Provider Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and MonsteraX, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider Rules, and the Terms.
The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and MonsteraX.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.
Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against MonsteraX shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and MonsteraX, you may not adjoin or consolidate any claim with more than one person; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.
Forum. For the application of this arbitration agreement, and of other matters appertaining these Terms, the parties hereto agree to submit to the personal jurisdiction of the courts located in the State of North Carolina, United States of America.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.
Electronic Communications. By creating an account, you hereby grant MonsteraX the right to communicate with you regarding the Sites and/or the Services by e-mail, text messages, calls (including generated by automatic dialing systems and prerecorded messages) and push notifications, as applicable, using the contact information that you provided to us in your account (you understand that mobile carrier and data rates may apply to such communications, for which you will be solely responsible). Your consent to receive electronic communications extends to any third-party providers, as applicable, and also encompasses any communications, which we may send to you periodically regarding promotional offers or legal notices or other information about your account. You also agree to the use of an electronic record to document your consent to this Agreement. If you wish to revoke your consent to the use of the electronic record by MonsteraX, you must email us at firstname.lastname@example.org with "Revoke Electronic Consent" in the subject line. You may also opt-out of receiving text messages from us by replying "STOP" from the mobile device receiving the messages.
Survival of Terms. All provisions of these Terms that are reasonably intended to survive the termination of your account and/or these Terms because they impose continuing rights and/or obligations post-termination shall so survive.
Internet Delays. The Services may be subject to delays, and other technical problems inherent in the use of the Internet and electronic communications, none of which are within MonsteraX’s reasonable control and MonsteraX is therefore not responsible for any delays, failures or damage resulting from any such technical issues.
Contact. If you have any questions or queries about us, the Sites, our Services or these Terms, please contact us at: email@example.com
Effective as of March 4, 2022.
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