YOUR REGISTRATION OBLIGATIONS
MEMBER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Monument of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing our Products and Services. Monument will not be liable for any loss or damage arising from your failure to comply with this Section.
MODIFICATIONS TO PRODUCTS AND SERVICES
Monument reserves the right to modify or discontinue, temporarily or permanently, our Products and Services (or any part thereof) with or without notice. You agree that Monument will not be liable to you or to any third party for any such modification, suspension, or discontinuance.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Monument may establish general practices and limits concerning use of our Products and Services, including without limitation the maximum period of time that data or other content will be retained by Monument and the maximum storage space that will be allotted on Monument’s servers on your behalf. You agree that Monument has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by You. You acknowledge that Monument reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Monument reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Our Products and Services include certain services that are available via a mobile device, including (i) the ability to upload data or other information to Monument via a mobile device, (ii) the ability to browse such content and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Mobile Services, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Monument and other entities by email or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Monument account information to ensure that your messages are not sent to the person that acquires your old number.
Monument reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order. In addition, Products may be made available for pre-order via our Products and Services. If you place a pre-order for a Product, Monument will charge your credit card for the cost of the product plus any applicable charges for taxes and shipping, and will ship you the Product once it is available. You may cancel your offer to purchase a Product at any time prior to shipment by contacting firstname.lastname@example.org
AVAILABILITY, PRICING, AND TAXES
Sales of Products are subject to availability. Prices are subject to change without notice at any time but changes will not affect any order you have already placed.
RESALE AND TITLE TRANSFER
The Products are intended for end users only, and are not authorized for resale. Title to products purchased from Monument passes to the purchaser at the time of delivery by Monument to the freight carrier, but Monument and/or the freight carrier will be responsible for any product loss or damage that occurs when the product is in transit to you.
SHIPPING AND DELIVERY
Prices do not include shipping costs. Our delivery charges are as quoted on the Services from time to time. The estimated arrival or delivery date is not a guaranteed delivery date for your order.
Although our Site is accessible worldwide, our Products are not designed and tested for use in all countries (see http://getmonument.com/safety for international product certification details). If you choose to purchase and use a Product outside of these countries you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country.
If for any reason you are not satisfied with a Product, you may return it to us in its original condition within 30 days of purchase for a full refund. No refunds will be issued 30 days after the date of purchase. A 15% re-stocking fee may apply. To initiate a refund, simply submit a request or email email@example.com. We will process the refund due to you as soon as possible.
For more information on payment, shipping and returns, please visit http://getmonument.com/support.
You are solely responsible for all information, data, or other materials (“User Materials”) that you upload, or provide (hereinafter, “upload”) or email or otherwise use via our Products and Services. The following are examples of the kind of User Materials and/or use that is illegal or prohibited by Monument. Monument reserves the right to investigate and take appropriate legal action against anyone who, in Monument’s sole discretion, violates this provision, including without limitation, removing the offending User Materials from the Products and Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use our Products and Services to:
email or otherwise upload any User Materials that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Monument, is objectionable or which restricts or inhibits any other person from using or enjoying our Products and Services, or which may expose Monument or its users to any harm or liability of any type;
interfere with or disrupt the our Products and Services, including servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of such servers or networks; or
violate any applicable local, state, national or international law, or any regulations having the force of law;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Products and Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Products and Services.
SPECIAL NOTICE FOR INTERNATIONAL USE; EXPORT CONTROLS
Software (defined below) available in connection with our Products and Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Products and Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Products and Services, including as it concerns online conduct and acceptable content.
Our Products and Services is for your personal use only and cannot be used for any commercial purposes.
INTELLECTUAL PROPERTY RIGHTS
SERVICE CONTENT, SOFTWARE AND TRADEMARKS
You acknowledge and agree that the Products and Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Monument, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Products and Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Products and Services. In connection with your use of the Products and Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Monument from accessing the Products and Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Products and Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Products and Services or distributed in connection therewith are the property of Monument, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Monument.
USER MATERIALS TRANSMITTED THROUGH THE PRODUCTS AND SERVICES
With respect to the User Materials you provide to our Products and Services or share with other users or recipients, you represent and warrant that you own all right, title and interest in and to such User Materials, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Materials you hereby grant and will grant Monument and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Materials in connection with the operation of the Products and Services or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Products and Services (“Submissions”), provided by you to Monument are non-confidential and Monument will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Our Products and Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Monument has no control over such sites and resources and Monument is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Monument will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using our Products and Services are between you and the third party, and you agree that Monument is not liable for any loss or claim that you may have against any such third party.
SOCIAL NETWORKING SERVICES
In addition, Monument is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Monument is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Monument enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
INDEMNITY AND RELEASE
DISCLAIMER OF WARRANTIES
YOUR USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MONUMENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MONUMENT MAKES NO WARRANTY THAT (I) THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OR IN CONNECTION WITH THE PRODUCTS AND SERVICES WILL MEET YOUR EXPECTATIONS.
Our Products may include product warnings and instructions on the packaging, labels and documentation. AS A CONDITION TO RECEIVING SERVICES, YOU AGREE TO STRICTLY COMPLY WITH ALL PRODUCT WARNINGS AND INSTRUCTIONS ON THE PACKAGING, LABELS AND DOCUMENTATION OF PRODUCTS, AND ANY UPDATES THAT WE PROVIDE TO YOU VIA THE PRODUCTS AND SERVICES. In addition, you agree to only use the Products in a manner that complies with all applicable laws and regulations. We offer a Limited Hardware Warranty on our Products available at http://getmonument.com/warranty.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MONUMENT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MONUMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PRODUCTS AND SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PRODUCTS AND SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PRODUCTS AND SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE PRODUCTS AND SERVICES. IN NO EVENT WILL MONUMENT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MONUMENT IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
You agree that you are solely responsible for your interactions with any other user in connection with the Products and Services and Monument will have no liability or responsibility with respect thereto. Monument reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Products and Services.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, users of the Products and Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 .
You may contact us at: support®getmonument.com
Questions? Concerns? Suggestions?
For warranty information, please visit http://getmonument.com/warranty