In order to use the Service, you must be the age of majority in your country and fully competent to understand and agree to these Terms. You may not use any part of the Service if you are under the age of 13, or if you have previously been removed from any part of the Service. If you are using or opening an account on the Service on behalf of a company, entity, or organization (collectively “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms, and you hereby agree on behalf of such Subscribing Organization to be bound by these Terms. In such a case, references to “you” in this agreement will apply to you, your Subscribing Organization, and any other individual user authorized to use the Service on behalf of such Subscribing Organization.
Subject to your compliance with these Terms, Monsoon Commerce grants you permission to access and use the Service solely for your personal (or, in the case of a Subscribing Organization, for purely internal business purposes, excluding competitive research and analysis), at the level for which you have registered and have paid all applicable fees, as set forth in these Terms and consistent with the intended features of the Service, and to download, view, and print a single copy of Monsoon Commerce Content (as defined below) from the Service, solely for your personal use in connection with viewing the Site and using the Service.
The Service is owned and operated by Monsoon Commerce. The visual interfaces, graphics, design, compilation, information, text, computer code, products, software (including any downloadable software), services, and all other elements of the Service (“Monsoon Commerce Content”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your Content, all Monsoon Commerce Content, including all intellectual property rights therein, belong to Monsoon Commerce or its affiliates and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Monsoon Commerce or its affiliates and/or third parties. Except as expressly authorized by Monsoon Commerce, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. You also agree not to decompile, reverse engineer, or copy any Content (other than the Content you provide) for which the source code is not provided to you. You may not alter or remove any trademark, copyright, patent or other notice from Monsoon Commerce Content. Monsoon Commerce reserves all rights not expressly granted in these Terms. You shall not acquire any right, title, or interest to Monsoon Commerce Content, except for the limited rights set forth in these Terms.
One or more patents may apply to the Services, including, without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142
You may not use any robot, spider, other automatic device or process to access or monitor the Service. You may not copy, modify, distribute, or publish any portion of the Site or the Content without our prior written consent. You also agree that you will not frame any portion of the Site without our prior written consent.
Your use of and access to the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation CAN-SPAM or other regulations regarding unsolicited email marketing), and you agree to comply with all such laws and regulations in your use of and access to the Service. In addition, you agree that: (a) you will not interfere with another member’s use and enjoyment of the Services; (b) you will not interfere with or disrupt Monsoon Commerce’s security measures; (c) you will not interfere with or disrupt networks connected to Monsoon Commerce, and will comply with all regulations, policies and procedures of such networks; and (d) you will comply with United States law regarding the transmission of technical data exported from the United States with respect to or relating to any of your dealings with Monsoon Commerce.
In addition, you agree that you will not perform any action or post any Content, that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses or advocates stalking, bullying, or harassment of another person; (iii) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, or “spamming”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) infringes another party’s Content without a license to do so, whether or not the intellectual property is registered (or filed for registration) in any country; (vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work, whether it is protected by copyright or trade secret law, or not, such as, without limitation, presenting the work of a third party as your own (plagiarism), providing stolen or illegally obtained Content, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies; (vii) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under the age of eighteen (18); (viii) provides instructional information about illegal activities such as, without limitation, making or buying illegal weapons or substances, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (ix) solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Service; (x) except as expressly approved by us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xi) contains viruses, Trojan horses, worms, time bombs, corrupted files, or similar software; (xii) constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods, items subject to US embargo, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items; (xiii) interferes with or disrupts networks connected to Monsoon Commerce; (xiv) does not comply with United States law regarding the transmission of technical data exported from the United States with respect to or relating to any of your dealings with Monsoon Commerce; (xv) except as expressly permitted in these Terms, download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise exploit any portion of the Site in any medium without Monsoon Commerce’s prior written authorization; (xvi) alters or modifies any part of the Site other than as may be reasonably necessary to use the Site for its intended purposes; (xvii) removes, circumvents, disables, damages, or otherwise interferes with any security-related features of the Site, features that prevent or restrict the use or copying of any part of the Site, or features that enforce limitations on the use of the site; (xviii) attempts to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interferes or attempts to interfere with the proper working of the Site or any activities conducted through the Site; (xix) obtains or attempts to obtain any materials or information through any means not intentionally made available through the Site; or (xx) otherwise violates the these Terms or creates liability for us.
We may suspend your access to all or part of the Service, without notice, if you violate these Terms (including without limitation any of the foregoing restrictions), or if you engage in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of Monsoon Commerce, any other Monsoon Commerce user, or any third party.
Content from other users, advertisers, and other third parties may be made available to you through the Service. You agree that we are not responsible for any such Content, and we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other users, advertisers, and other third parties. You agree that you must evaluate, and bear all risks associated with the use of any Content from third parties, including any reliance on the accuracy, completeness, usefulness, or legality of such Content.
Your interactions with other users on the Service, or with advertisers, including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user or the advertiser. You agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other user’s use or disclosure of your personally identifiable information. Transactions on the Service are directly between you and the other party to the transaction, and except as expressly provided herein, Monsoon Commerce disclaims all liability for claims arising in connection with your transactions on the Service.
Monsoon Commerce or third parties may provide links on the Site to other sites including the Content therein (“Reference Sites”). Monsoon Commerce has no control over such Reference Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Sites or Content linked to or by the Site. Monsoon Commerce provides links to you only as a convenience, and the inclusion of any link on the Site does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. Our terms and policies do not govern your use of any site other than the Site. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
In the event that you have a dispute with another user of the Service, regardless of the nature of such dispute, you release Monsoon Commerce and its affiliates (including their respective directors, officers, employees, contractors, and agents) from claims, losses, damages, liabilities, including legal fees and expenses (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, THE TERM MONSOON COMMERCE INCLUDES MONSOON COMMERCE’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, THIRD PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, OR LICENSORS AND SUBCONTRACTORS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MONSOON COMMERCE DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MONSOON COMMERCE OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
BY USING THE SERVICE, YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
We are not responsible for claims brought by third parties arising from your use of Service.
MONSOON COMMERCE DOES NOT WARRANT THAT THE SERVICE, CONTENT, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. MONSOON COMMERCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SERVICE, OR ANY REFERENCE SITES AS TO WHETHER INFORMATION OR MATERIALS AVAIALBLE THEREON ARE CORRECT, ACCURACY, RELIABLE, UP TO DATE, OR OTHERWISE.
It is your responsibility to evaluate the information, opinion, advice, or other content available through Monsoon Commerce.
YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SITE OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD.
IN NO EVENT SHALL MONSOON COMMERCE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF MONSOON COMMERCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING MONSOON COMMERCE, YOU AGREE THAT THIS LIMITATION WILL APPLY TO ALL MERCHANDISE, SERVICES, AND CONTENT AVAILABLE THROUGH MONSOON COMMERCE. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL MONSOON COMMERCE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED THE GREATER OF THE AMOUNT, IF ANY, YOU HAVE PAID MONSOON COMMERCE FOR USE OF THE SERVICE AND FOR PRODUCTS YOU PURCHASED AS A RESULT OF THE USE IN QUESTION WITHIN THE PREVIOUS SIX (6) MONTHS FROM THE DATE OF YOUR CLAIM, OR $100 U.S. DOLLARS.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN MONSOON COMMERCE AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU THROUGH ANY REFERENCE SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
YOU ACKNOWLEDGE AND AGREE THAT MONSOON COMMERCE HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MONSOON COMMERCE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MONSOON COMMERCE. YOU ACKNOWLEDGE AND AGREE THAT MONSOON COMMERCE WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
You agree to indemnify and hold harmless Monsoon Commerce, and its parent, subsidiaries, affiliates or any related organizations (including those which share substantially common ownership), and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs, debt, and expenses (including attorney’s fees) arising out of: (a) your use or misuse of the Site or Service; (b) your Content, including Monsoon Commerce’s use, display or other exercise of its license rights granted herein or otherwise with respect to your Content; (c) your violation of these Terms; (d) your violation of the rights of any other person or entity, including claims that any of your Content infringes or violates any third party intellectual property rights; (e) your breach of any representations, warranties, and covenants made in these Terms; and (f) any unauthorized use of your account. Monsoon Commerce reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter to which Monsoon Commerce is a party without the prior written consent of Monsoon Commerce. Monsoon Commerce will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
The Site is controlled and offered by Monsoon Commerce from its facilities in the United States. Except as expressly provided on the Site, Monsoon Commerce makes no representations that the Site is appropriate or available for use in other locations. If you are accessing or using the Site from other jurisdictions, you do so at their own risk and you are responsible for compliance with local law.
From time to time, Monsoon Commerce may change, modify, add, or remove portions of the Terms, and reserves the right to do so in its sole discretion. If we modify the Terms, we will make them available through the Service, and indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. In the event that the modifications materially alter your rights or obligations hereunder we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. All amended Terms automatically take effect 30 days after they made available through the Service, except that (a) disputes between you and Monsoon Commerce will be governed by the version of the Terms that was in effect on the date the dispute arose and (b) if you do not agree with any changes to the Terms, you may terminate these Terms by ceasing use of the Service. Your continued use of the Service after revised Terms have become effective indicates that you have read, understood and agreed to the current version of the Terms.
The Service is created, offered, controlled and operated by Monsoon Commerce in the State of California, USA. If you choose to access the Service from another location, you are responsible for complying with local laws, if and to the extent that local laws apply.
The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of California, regarding agreements between California residents entered into and to be performed within California, giving no effect to choice of law provisions. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. Any dispute relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts in San Francisco, California, U.S.A., and the parties agree to submit to the personal jurisdiction and exclusive venue of these courts.
We enjoy hearing from you and welcome your comments about our products and services. However, if you send us a business idea or suggestion (for example, about how to improve or expand our products and services), you agree that we will be completely free to implement, use, or modify, in any way, your idea or suggestion (or any part of it), without any payment or other obligation to you.
You may not assign these Terms without the written consent of Monsoon Commerce. Monsoon Commerce may freely assign these Terms. Monsoon Commerce reserves the right to make changes to, or discontinue the Service, or parts thereof, and our policies at any time at our sole discretion.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Monsoon Commerce as a result of these Terms or your use of the Site. You further acknowledge that no confidential, fiduciary, contractually implied or other relationship is created between you and Monsoon Commerce through your submission of content other than pursuant to these Terms.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
If any provision of these Terms is held to be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. Failure by Monsoon Commerce at any time to require performance of any provision of these Terms will in no manner affect our right to enforce the same at a later time, nor will failure by Monsoon Commerce to require performance of any provision of these Terms by any other user affect our right to enforce the same against you.
Monsoon Commerce is located at 1250 45th Street, Suite 100, Emeryville, California 94608 and can be reached by telephone at 1-510-594-4500 or via email at email@example.com. If you are a California resident, you may have these Terms emailed to you by sending a letter to the foregoing address with your email address and a request for this information. We ask that you bring service problems to our attention, but you may also choose to contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs, at 400 R Street, Sacramento, California 95814 or by calling 1-800-952-5210.