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TERMS OF SERVICE


  • MONDAYMONDAYNETWORK.COM TERMS & CONDITIONS OF USE AGREEMENT
1.1 Acceptance of User Agreement.
The MondayMondayNetwork.com website(s) and service (“Service(s)”) is
operated by MMN, LLC. (“Company”), an Idaho Limited Liability
Company, with its principal place of business at MMN, LLC
7668 El Camino Real Suite 104 #447
Carlsbad CA 92009. By registering for and/or using the Services in any
manner, including but not limited to visiting or browsing the Site, accessing,
downloading, installing (“Use”, “Usage”), whether or not You become a
registered user (“User”, “You”, “Yourself”, “Your”), You agree to be bound
to this User Agreement and is Terms and all other operating rules, policies
and procedures that may be published from time to time on the Site by us,
each of which is incorporated by reference and each of which may be
updated from time to time without notice to You effective when posted.
Please read these Terms prior to Use. If You do not accept these Terms,
then You may not use the Service. By Your Use of Services, You
acknowledge and agree to keep Yourself informed of any changes on a
regular basis and that You have read and understood this Agreement as
well as the updates as shall be periodically posted at
http:///www.MondayMondayNetwork.com/terms-conditions/.
1.2 Term Changes and Continued Use.
Certain of the Services may be subject to additional terms and conditions at
any time as specified by Us at Our sole discretion and effective when
posted. Your continued Use of such Services will constitute acceptance by
You of such changes and is subject to those additional terms and
conditions, which are incorporated into this User Agreement by this
reference. The Terms of Use also incorporate the Terms contained in the
following policies:
• Privacy Policy http://MondayMondayNetwork.com/privacy/; and
• Cookie Policy http://MondayMondayNetwork.com/cookie-policy/
1.3 Use of Service.
(a) This User Agreement applies to all Users of the Services,
including, without limitation, Users who are contributors of content,
information, and other materials or services, registered or otherwise. You
may use this Service solely for personal and non-commercial purposes
only and subject to these Terms of Use, all applicable laws, rules and
regulations and any agreements or terms with third parties to which You
are subject.
(b) You may use the Service without registration, but in order to take
advantage of some aspects of the Service, You will need to register for an
account. Your account is for Your sole, personal Use, You may not
authorize others to Use Your account, and You may not assign or
otherwise transfer Your account to any other person or entity. You are
responsible for the security of Your password. You will be solely liable for
any and all Use of Your account (irrespective of whether such Use is
authorized by You or not).
(c) The privacy of Your personally identifiable information is very
important to us. The personal information collected by the Company upon
Your registration for the Service is handled in accordance with Company’s
Privacy Policy. For more information on what information we collect and
how we use such information, please read our privacy policy at
www.MondayMondayNetwork.com/privacy/.
2.1 Eligibility.
You represent and warrant that You are at least 18 years of age. If You are
under age 18, You may not, under any circumstances or for any reason,
Use the Services. We may, in our sole discretion, refuse to offer the
Services to any person or entity and change its eligibility criteria at any
time. You are solely responsible for ensuring that this User Agreement is in
compliance with all laws, rules and regulations applicable to You and the
right to access the Services is revoked where this User Agreement or Use
of the Services is prohibited or to the extent offering, sale or provision of
the Services conflicts with any applicable law, rule or regulation. Further,
the Services are offered only for Your Use, and not for the Use or benefit of
any third party.
3.1 Registration.
(a) You may register for an account on the Services (an "Account")
or log in using Your Facebook login information. To Use certain portions of
the Services, You are not required to sign up for an Account. However,
certain features of the Service, such as posting to community pages on the
Site, require You to register for an Account. You must provide accurate and
complete information and keep Your Account information updated. You
shall not:
(i) select or Use as a username a name of another person with
the intent to impersonate that person;
(ii) Use as a username a name subject to any rights of a person
other than You without appropriate authorization; or
(iii) Use, as a username, a name that is otherwise offensive,
vulgar or obscene. You are solely responsible for the activity that occurs on
Your Account, and for keeping Your Account password secure. You may
never Use another person's User account or registration information for the
Services without permission. You must notify us immediately of any change
in Your eligibility to Use the Services (including any changes to or
revocation of any licenses from state authorities), breach of security or
unauthorized Use of Your Account. You should never publish, distribute or
post login information for Your Account. You shall have the ability to delete
Your Account, either directly or through a request made to one of our
employees or affiliates.
(b) By using the Services through Facebook, You permit us to
access certain information from Your Facebook profile for Use by the
Services. You may control the amount of information that is accessible to
us by adjusting Your Facebook account privacy settings. By using the
Services, You are authorizing us to collect, store, retain, and Use
indefinitely, in accordance with our Privacy Policy at
www.MondayMondayNetwork.com/about/privacy/, any and all information
that You permitted Facebook to provide to us.
4.1 Content Definition.
For purposes of this User Agreement, the term "Content" includes all
mediums now known or hereafter developed, without limitation, information,
data, text, photographs, videos, audio clips, written posts, articles,
comments, software, scripts, graphics, data, metadata, pixels and
interactive features generated, provided, or otherwise made accessible on
or through the Services. For the purposes of this Agreement, "Content"
also includes all User Content (as defined below).
4.2 User Content.
All Content in all mediums now known or hereafter developed, that is
added, created, uploaded, submitted, distributed, or posted to the Services
by Users (collectively "User Content"), whether publicly posted or privately
transmitted, is the sole responsibility of the person who originated such
User Content. You represent that all User Content provided by You is
accurate, complete, up-to-date, and in compliance with all applicable laws,
rules and regulations. You acknowledge that all Content, including User
Content, accessed by You using the Services is at Your own risk and You
will be solely responsible for any damage or loss to You or any other party
resulting therefrom. We do not guarantee that any Content You access on
or through the Services is or will continue to be accurate.
4.3 Notices and Restrictions.
The Services may contain Content specifically provided by us, our partners,
associates, business associates or our Users and such Content is
protected by copyrights, trademarks, service marks, patents, trade secrets
or other proprietary rights and laws. You shall abide by and maintain all
copyright notices, information, and restrictions contained in any Content
accessed through the Services.
4.4 Use License.
Subject to this User Agreement, we grant each User of the Services a
worldwide, non-exclusive, non-sublicensable and non-transferable license
to Use (i.e., to download and display locally) Content, to the extent we hold
such rights, solely for purposes of using the Services. Use, reproduction,
modification, distribution, providing access to or storage of any Content for
other than purposes of using the Services is expressly prohibited without
prior written permission from us. You shall not sell, license, rent, or
otherwise Use or exploit any Content for commercial Use or in any way that
violates any Company or third party rights.
4.5 License Grant.
(a) The Service may provide You with an opportunity to share and
upload, or submit to public forums, contests, sweepstakes, programs or
other aspects of the Service, Your photos, videos, text and other
information (collectively any submission or derivative thereof is referred to
as "User Content"). By submitting User Content through the Services, You
hereby do and shall grant us a worldwide, non-exclusive, irrevocable,
perpetual, royalty-free, fully paid, sublicensable and transferable license to
Use, adapt, edit, modify, truncate, aggregate, copy, store, sell, distribute
republish, reproduce, distribute, prepare derivative works of, display,
perform, communicate to the public, and otherwise fully exploit the User
Content and screen name, including intellectual property contained therein,
in any medium now known or hereinafter developed in connection with the
Site, the Services and our (and our successors' and assigns') businesses,
including without limitation for promoting and redistributing part or all of the
Site or the Services (and derivative works thereof) in any media formats
and through any media channels (including, without limitation, third party
websites and feeds), and including after Your termination of Your Account
or the Services. For the sake of clarity, the foregoing license grant includes
our right to distribute, display, perform and otherwise Use the User Content
in connection with material provided by our sponsors, and You shall not be
entitled to any remuneration for such Use. You shall not receive any
payment or compensation from Company and this license You grant shall
be without payment or compensation to You and without seeking any
further approval from You, as part of the Service or in support of the
Service through advertising and marketing.
(b) To the extent any User Content You submit includes Your
name, likeness, voice, or photograph, You acknowledge and agree that the
foregoing license of this Section 4 shall apply to the same. You also hereby
do and shall grant each User of the Site and/or the Services a nonexclusive,
perpetual license to access Your User Content through the Site
and/or the Services, solely for personal Use of such User Content,
including after Your termination of Your Account or the Services. For clarity,
the foregoing license grants to Us and our Users do not affect Your other
ownership or license rights in Your User Content, including the right to
grant additional licenses to Your User Content, unless otherwise agreed in
writing.
(c) You represent and warrant that nothing contained within the
User Content would require Company to seek permission of a third party in
order to Use the User Content and that You have all rights to grant such
licenses to us without infringement or violation of any third party rights,
including without limitation, any privacy rights, publicity rights, copyrights,
trademarks, contract rights, or any other intellectual property or proprietary
rights.
(d) You also agree to waive any moral rights, or right to any
residual payment associated with User Content if such User Content is
published, sold, distributed, or otherwise commercially exploited. You also
consent to the doing of (or omitting to do) any acts in respect of the User
Content which may otherwise constitute an infringement of Your moral
rights. Any User Content uploaded to the site will be deemed nonconfidential.
(e) Unless otherwise agreed upon in writing by You and Company,
You may not Use any third party platforms, other than Your own website or
Your own social media pages, to link to or distribute the Content.
4.6 Availability of Content.
We do not guarantee that any Content will be made available on the Site or
through the Services. We reserve the right to, but do not have any
obligation to, (i) remove, edit, modify or otherwise manipulate any Content
in our sole discretion, at any time, without notice to You and for any reason
(including, but not limited to, upon receipt of claims or allegations from third
parties or authorities relating to such Content or if we are concerned that
You may have violated this User Agreement), or for no reason at all and (ii)
to remove or block any Content from the Services.
4.7 Our Proprietary Rights.
Company or its licensors are the owners or licensees of all software,
graphics, designs, data, metadata, pixels and all copyrights, trademarks
and other intellectual property, proprietary rights or marketing rights
contained on or Used in connection with the Service. Except as set forth
herein, You agree not to Use, copy, distribute, modify or make derivative
works of any materials without the prior written consent of the owner of
such materials. All rights not granted under these Terms of Use are
reserved by Company.
5.1 Rules of Conduct.
(a) As a condition of Use, You promise not to Use the Services for
any purpose that is prohibited by these Terms of Use. You are solely
responsible for all of Your activity and User Content that You post on the
Service or transmit to other Users in connection with the Services and
agree that You will not hold Company responsible or liable for any content
You access from other Users of the Service. You shall not (and shall not
permit any third party to) either take any action or upload, download, post,
submit or otherwise distribute or facilitate distribution of any Content on or
through the Service, including without limitation any User Content, that:
(i) infringes any patent, trademark, trade secret, copyright,
intellectual property rights (such as music, videos, photos or other materials
for which You do not have written authority from the owner of such
materials to post on the Service), right of publicity or other right of any other
person or entity or violates any law or contractual duty (see our DMCA
Copyright Policy www.MondayMondayNetwork.com/about/dmca);
(ii) You know is false, misleading, untruthful or inaccurate, is
unlawful, abusive, defamatory, libelous, deceptive, fraudulent, threatening,
harassing or that promotes any illegal activities, violence, racism, bigotry,
hatred, physical harm or discrimination of any kind against any group or
individual, invasive of another's privacy, tortious, obscene, vulgar,
pornographic, offensive, profane, contains or depicts nudity, sexually
explicit material, contains or depicts sexual activity, or is otherwise
inappropriate as determined by us in our sole discretion;
(iii) constitutes and/or contains any advertising, promotional
materials, unauthorized or unsolicited advertising, junk or bulk e-mail,
spam, chain letters, pyramid schemes, or any other form of solicitation
(“Spamming");
(iv) contains software viruses or any other computer codes,
files, or programs that are designed or intended to disrupt, damage, limit or
interfere with the proper function of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized
access to any system, data, password or other information of ours or of any
third party;
(v) impersonates any person or entity, including any of our
employees or representatives; or
(vi) includes anyone's identification documents, personal
information of any party (such as phone numbers, addresses, car
registration numbers etc.) or sensitive financial information.
(b) You shall not:
(i) take any action that imposes or may impose (as determined
by us in our sole discretion) an unreasonable or disproportionately large
load on our (or our third party providers') infrastructure;
(ii) interfere or attempt to interfere with the proper working of
the Services or any activities conducted on the Services;
(iii) bypass, circumvent or attempt to bypass or circumvent any
measures we may Use to prevent or restrict access to the Services (or
other accounts, computer systems or networks connected to the Services).
Further, You may not Use any such automated means to manipulate the
Service or attempt to exceed the limited authorization and access granted
to You under these Terms of Use;
(iv) run any form of auto-responder or "spam" on the Services;
(v) use manual or automated software, devices, processes,
crawlers, spiders, robots, data mining techniques or other automated
devices or programs to catalogue, download or otherwise reproduce, store
or distribute content available on the Service or distribute such to any page
of the Site;
(vi) harvest or scrape any Content from the Services;
(vii) otherwise take any action in violation of our guidelines and
policies; or
(vii) resell Use of, or access to, the Service to any third party.
(c) You shall not (directly or indirectly):
(i) decipher, decompile, disassemble, reverse engineer or
otherwise attempt to derive any source code or underlying ideas or
algorithms of any part of the Services (including without limitation any
application), except to the limited extent applicable laws specifically prohibit
such restriction;
(ii) modify, translate, or otherwise create derivative works of any
part of the Services; or
(iii) copy, rent, lease, distribute, or otherwise transfer any of the
rights that You receive hereunder. You shall abide by all applicable local,
state, national and international laws and regulations.
(d) We also reserve the right to access, read, preserve, and
disclose any information as we reasonably believe is necessary to:
(i) satisfy any applicable law, regulation, legal process or
governmental request;
(ii) enforce this User Agreement, including investigation of
potential violations hereof;
(iii) detect, prevent, or otherwise address fraud, security or
technical issues;
(iv) respond to User support requests; or
(v) protect the rights, property or safety of us, our Users and the
public.
(e) The categories of prohibited User Content below are merely
examples and are not intended to be exhaustive. Company is under no
obligation to screen or monitor User Content (unless so required by law),
but it may review User Content from time to time, at its sole discretion, to
review compliance with these Terms of Use. Company will make the sole
determination as to whether or not User Content is acceptable for the
Service and any User Content that, in Company's sole discretion, is found
in breach of these Terms of Use (including this Acceptable Use Policy) or is
otherwise unacceptable may be removed, edited or altered from the
Service at any time without notice.
(f) You understand that when using the Service, You will be exposed
to content from a variety of sources, and that Company is not responsible
for the accuracy, usefulness, safety, or intellectual property rights of or
relating to such content. You further understand and acknowledge that You
may be exposed to User Content that is inaccurate, offensive, indecent, or
objectionable. If You do so object, You should not Use the Service.
(g) From time to time certain aspects of the Service may involve
voting through a variety of mechanisms potentially including web-based
and/or mobile voting. Company reserves the right to adjust the outcome of
any voting associated with the Service if it believes, in its sole discretion,
that any mechanism of fraud, abuse, or automated voting has influenced
the result. Furthermore, Company will consider the outcome of voting in
association with the Service, but may Use other factors in addition to voting
to determine various aspects of the Service associated with voting.
(h) Company requires all of its Users to be respectful of other
people. If You notice any violation of these Terms of Use (including this
Acceptable Use Policy) or other unacceptable behavior by any User, You
should report such activity to Company info@MondayMondayNetwork.com.
5.2 Third Party Services and Affiliations.
(a) The Services may permit You to link to other websites, Services
or resources on the Internet, including but not limited to our sponsors and
Facebook, and other websites, Services or resources may contain links to
the Services. When You access third party resources on the Internet, You
do so at Your own risk. This Service may also contain links to other web
sites not maintained by Company. These links may include listings that can
provide You with further information, or links that have been included in
materials uploaded to the Service by a party other than Company.
Company encourages You to be aware that when You leave the Service,
whether via a link on the Service or otherwise, and enter a third party
website, You do so subject to that website's terms and conditions and
privacy policy. Company strongly advises You to read the terms and
conditions and privacy policies of these third party websites. These other
resources are not under our control, and You further acknowledge that we
are not responsible or liable directly or indirectly for the content, functions,
accuracy, legality, appropriateness or any other aspect of such websites or
resources and excludes all liability for any loss or damage caused or
alleged to be caused by You as a result of Your Use or reliance of the links
and/or third party websites to the maximum extent permissible by law.
Despite any links that might exist on the Service, the inclusion of any such
link does not imply our endorsement or any association between Us and
their operators.
(b) We participate in affiliate marketing and may allow affiliate links
to be encoded on some of our pages. This means that we may earn a
commission if/when You click on or make purchases via affiliate links.
5.3 Termination.
In addition to any right or remedy that may be available to Company under
these Terms of Use or applicable law, We may suspend, limit or terminate
Your account and access to all or any part of the Services at any time, with
or without cause, with or without notice, effective immediately, which may
result in the forfeiture and destruction of all information associated with
Your Account. If You wish to terminate Your Account, You may do so by
following the instructions on the Site or through the Services. In addition,
Company may refer any information on illegal activities, including Your
personal information, to the proper authorities. All provisions of this User
Agreement which by their nature should survive termination shall survive
termination, including, without limitation, licenses of User Content,
ownership provisions, warranty disclaimers, indemnity and limitations of
liability.
6.1 Warranty Disclaimer.
(a) We have no special relationship with or fiduciary duty to You.
You acknowledge that We have no duty to take any action regarding:
(i) which Users gain access to the Services;
(ii) what Content You access via the Services; or
(iii) how You may interpret or Use the Content.
(b) You release us from all liability for You having acquired or not
acquired Content through the Services. We make no representations
concerning any Content contained in or accessed through the Services,
and we will not be responsible or liable for the accuracy, copyright
compliance, or legality of material or Content contained in or accessed
through the Services.
(c) THE SERVICES AND CONTENT ARE PROVIDED "AS IS",
"AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE OR SATISFACTORY
QUALITY AND ANY WARRANTIES IMPLIED BY ANY COURSE OF
PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE
EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES,
AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO
NOT WARRANT THAT THE FUNCTIONS, SERVER OR SOFTWARE
CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT
CONTAINED THEREIN: (I) WILL BE SECURE, UNINTERUPPTED OR
READILY AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II)
WILL BE ERROR FREE, SERVICED OR CORRECTED FOR ANY
DEFECTS OR ERRORS THAT MAY OCCUR; OR (III) IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE
RESULTS OF USING THE SERVICES WILL MEET YOUR
REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR
OWN RISK.
6.2 Indemnification.
You shall defend, indemnify, and hold harmless us, our affiliates and each
of our and their respective officers, directors, employees, contractors,
business partners and agents, suppliers and representatives from all
liabilities, claims, damages, obligations, losses, debts, costs and expenses,
including reasonable attorneys' fees, that arise from or relate to (i) any
breach by You of any of these Terms, (ii) Your Use or misuse of, or access
to, the Services, Content, available features, or otherwise from Your User
Content, (iii) violation of this User Agreement, or infringement by You, or
any third party using Your Account or identity in the Services, of any
intellectual property or other right of any person or entity, or (iv) a violation
by You of applicable law or any agreement or terms with a third party to
which You are subject. We reserve the right to assume the exclusive
defense and control of any matter otherwise subject to indemnification by
You, in which event You will assist and cooperate with us in asserting any
available defenses.
6.3 Limitation of Liability.
(a) IN NO EVENT SHALL WE, NOR OUR DIRECTORS,
EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT
PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT
LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE
THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST
PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL,
PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF
ANY KIND WHATSOEVER WHETHER OR NOT SUCH DAMAGES IS
KNOWN, FORESEEABLE, OR FORESEEN, SUBSTITUTE GOODS OR
SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF
ORIGINATION), (III) LOSS OF GOODWILL OR REPUTATION, BREACH
OF CONTRACT OR OTHERWISE, OR (IV) FOR ANY DIRECT DAMAGES
IN EXCESS OF (IN THE AGGREGATE) $500.00 OR ITS MONETARY
EQUIVALENT FOR USERS OUTSIDE OF THE UNITED STATE.
(b) NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR
IN ANY WAY LIMIT COMPANY'S LIABILITY FOR FRAUD, DEATH OR
PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR ANY OTHER
LIABILITY TO THE EXTENT THE SAME MAY NOT BE EXCLUDED OR
LIMITED AS A MATTER OF LAW.
6.4 Arbitration Notice and Class Action Waiver.
(a) YOU AGREE THAT DISPUTE WITH US, OR OUR PARENTS,
SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS OR AFFILIATES, ARISING UNDER OR IN RELATION TO THIS
AGREEMENT (WHETHER OR NOT SUCH DISPUTE INVOLVES A
THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US,
INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS
USER AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS
OF PRIVACY AND/OR PUBLICITY, SHALL BE RESOLVED
EXCLUSIVELY THROUGH NON-APPEALABLE ARBITRATION
(CONDUCTED IN ENGLISH) WITH ONE ARBITRATOR IN
ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION
ASSOCIATION IN BOISE, IDAHO OR ITS ARBITRATION
EQUIVELANCY. YOU MAY BRING CLAIMS ONLY ON YOUR OWN
BEHALF. IF TRAVELLING TO IDAHO IS A BURDEN, YOU MAY
PARTICIPATE IN THE ARBITRATION BY PHONE OR VIA DOCUMENT
SUBMISSION TO THE FULLEST EXTENT ALLOWABLE BY THE
ARBITRATOR. EACH PARTY WILL BEAR THEIR OWN COSTS OF
ARBITRATION UNLESS THE ARBITRATOR DIRECTS THAT BEARING
SUCH COSTS WOULD BE AN UNDUE BURDEN AND IN THAT CASE,
WE WILL PAY FOR YOUR PORTION OF THE ARBITRATION
ADMINISTRATIVE COSTS (BUT NOT YOUR ATTORNEYS' FEES). ANY
CLAIMS ASSERTED BY YOU IN CONNECTION WITH THE SERVICE
MUST BE ASSERTED IN WRITING TO COMPANY WITHIN ONE (1)
YEAR OF THE DATE SUCH CLAIM FIRST AROSE, OR SUCH CLAIM IS
FOREVER WAIVED BY YOU. EACH CLAIM SHALL BE ADJUDICATED
INDIVIDUALLY, AND YOU AGREE NOT TO COMBINE YOUR CLAIM
WITH THE CLAIM OF ANY THIRD PARTY.
(b) YOU ACKNOWLEDGE AND UNDERSTAND THAT, WITH
RESPECT TO ANY DISPUTE WITH COMPANY ARISING OUT OF OR
RELATING TO YOUR USE OF THE SERVICE, YOU ARE WAIVING
YOUR RIGHT TO HAVE A TRIAL BY JURY; AND YOU ARE WAIVING
YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE
ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE
CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF
CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. THE
LAWS OF THE AMERICAN ARBITRATION ASSOCIATION SHALL
GOVERN THESE TERMS OF USE. YOU HEREBY EXPRESSLY
CONSENT TO THE EXCLUSIVE JURISDICTION OF THE COURTS
LOCATED IN THE STATE OF IDAHO, USA FOR ALL MATTERS ARISING
UNDER OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR
ACCESS OR USE OF THE SERVICE. IN THE EVENT THE AMERICAN
ARBITRATION ASSOCIATION IS UNWILLING OR UNABLE TO SET A
HEARING DATE WITHIN ONE HUNDRED AND SIXTY (160) DAYS OF
FILING THE CASE, THEN EITHER WE OR YOU CAN ELECT TO HAVE
THE ARBITRATION ADMINISTERED INSTEAD BY THE JUDICIAL
ARBITRATION AND MEDIATION SERVICES. JUDGMENT ON THE
AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY
COURT IN IDAHO HAVING COMPETENT JURISDICTION. ANY
PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE
ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES,
REMEDIES OR AWARDS THAT CONFLICT WITH THIS USER
AGREEMENT.
7.1 Infringement Notice.
(a) Materials may be made available via the Service by third
parties not within our control. Company is under no obligation to, and does
not scan content Used in connection with the Service for the inclusion of
illegal or impermissible content. However, Company respects the
intellectual property rights of others. It is Company's policy not to permit
materials known by it to infringe another party's intellectual property rights
to remain on the Service. If You believe any materials on the Service
infringe third party intellectual property rights, You should provide Company
with written notice that at a minimum contains:
• A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by
a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to
which is to be disabled, and information reasonably sufficient to
permit us to locate the material;
• Information reasonably sufficient to permit us to contact the
complaining party, such as an address, telephone number, and, if
available, an electronic mail address at which the complaining party
may be contacted;
• A statement that the complaining party has a good faith belief that
Use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate and
that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
(b) All take down notices should be sent to
copyright@MondayMondayNetwork.com. It is Company's policy to
terminate relationships regarding content with third parties who repeatedly
infringe the intellectual property rights of others.
8.1 Entire Agreement and Severability.
This User Agreement is the entire agreement between You and us with
respect to the Services, including Use of the Site, and supersede all prior or
contemporaneous communications and proposals (whether oral, written or
electronic) between You and us with respect to the Services. If any
provision of this User Agreement is found to be unenforceable or invalid,
that provision will be limited or eliminated to the minimum extent necessary
so that this User Agreement will otherwise remain in full force and effect
and enforceable. If the prohibition against class actions and other claims
brought on behalf of third parties contained above is found to be
unenforceable, then all of the preceding language in the arbitration
provisions herein will be null and void. However, the arbitration provisions
herein will survive the termination of Your relationship with us.
8.2 Modification.
We reserve the right, in our sole discretion, to modify or replace any part of
this User Agreement, or change, suspend, or discontinue the Services
(including without limitation, the availability of any feature, database, or
content) at any time by posting a notice on the Site or by sending You
notice through the Services, via e-mail or by another appropriate means of
electronic communication. We may also impose limits on certain features
and Services or restrict Your access to parts or all of the Services without
notice or liability. While we will timely provide notice of modifications, it is
also Your responsibility to check this User Agreement periodically for
changes. Your continued Use of the Services following notification of any
changes to this User Agreement constitutes acceptance of those changes.
8.3 Assignment.
This User Agreement is personal to You, and is not assignable,
transferable or sublicensable by You except with our prior written consent.
We may assign, transfer or delegate any of our rights and obligations
hereunder without consent.
8.4 Force Majeure.
We shall not be liable for any failure to perform our obligations hereunder
where such failure results from any cause beyond our reasonable control,
including, without limitation, mechanical, electronic or communications
failure or degradation.
8.5 Agency.
No agency, partnership, joint venture, or employment relationship is
created as a result of this User Agreement and neither party has any
authority of any kind to bind the other in any respect.
8.6 Notices.
Unless otherwise specified in this User Agreement, all notices under this
User Agreement will be in writing and will be deemed to have been duly
given when received, if personally delivered or sent by certified or
registered mail, return receipt requested; when receipt is electronically
confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if
sent for next day delivery by recognized overnight delivery service.
Electronic notices should be sent to info@MondayMondayNetwork.com.
8.7 No Waiver.
Our failure to partially or fully exercise or enforce any rights or any part of
this User Agreement shall not constitute a waiver of any of our rights or the
right to later enforce that or any other part of this User Agreement.
Company shall not be prevented from a subsequent exercise of such rights
or enforcement of any portion of this Agreement. Waiver of compliance in
any particular instance shall be most narrowly construed as permitted by
law and does not mean that we will waive compliance in the future. In order
for any waiver of compliance with this User Agreement to be binding, we
must provide You with written notice of such waiver through one of our
authorized representatives.
8.8 Remedies Cumulative.
Company's rights and remedies under these Terms of Use shall be
cumulative, and the exercise of any such right or remedy shall not limit
Company's right to exercise any other right or remedy.
8.9 Governing Law and Jurisdiction.
This User Agreement shall be governed by and construed in accordance
with the laws of the State of Idaho, including its conflicts of law rules, and
the United States of America. You agree that any dispute arising from or
relating to the subject matter of this User Agreement shall be governed by
Arbitration in the exclusive jurisdiction and venue of the state and Federal
courts located in Boise, Idaho.
8.10 Headings.
The section and paragraph headings in this User Agreement are for
convenience only and shall not affect their interpretation.
Contact. You may contact us at the following address: MMN, LLC
7668 El Camino Real Suite 104 #447
Carlsbad CA 92009 or info@MondayMondayNetwork.com
Effective Date of User Agreement: 01-01-2018