By using this website (the “Website”) located at MonoMosaic.com and mobile applications (the "Applications") made available by us, You—the party entering agreement information (“You”)—are entering into a legally binding agreement (the “Agreement”) effective as of today (the “Effective Date”).
YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.
This Agreement applies to Your purchases of our services (collectively, “Services”) on our Website and Applications. We reserve the right to amend this Agreement and will inform You if it does. If You do not object to any amendment to the Agreement within one week, such failure shall serve as an acceptance of the amended terms.
While we make every effort to ensure that the information appearing on the Website is accurate, we makes no guarantee regarding the accuracy, timeliness, or usefulness of the information.
Subject to Your compliance with this Agreement, we grant You a limited license to access and use the Website or Applications. You may not download or modify the Website and Applications, or any portion of it, except with express written consent by us. This license does not include any resale, sublicense, or similar transfer of the Website and Applications or its contents; any derivative use of the Website and Applications or its contents; any downloading or copying of information for the benefit of others; or any use of data mining, robots, or similar data gathering and extraction tools.
We reserve the right, in its sole opinion and absolute discretion, to refuse service, terminate accounts, cancel orders or disqualify You, for any reason whatsoever, including, but not limited to, a violation of the terms of this Agreement, applicable law, or conduct that is harmful to our interests.
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT MONOMOSAIC IS AWARE OR ADVSED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE (1) MONOMOSAIC’S AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE SERVICES YOU PAID FOR AND (2) MONOMOSAIC SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MONOMOSAIC DISCLAIMS ALL WARRANTIES IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, (B) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (C) THAT MONOMOSAIC’S SECURITY METHODS WILL BE SUFFICIENT, (D) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY OF THE WEBSITE AND APPLICATIONS OR ANY INFORMATION IT MAKES AVAILABLE TO YOU, (E) YOUR UNINTERRUPTED USE OF ITS SERVICES, OR (F) YOUR ABILITY TO USE ITS SERVICES WITH YOUR COMPUTER/MOBILE DEVICE HARDWARE AND/OR SOFTWARE. ALL INFORMATION AND SERVICES PROVIDED TO YOU IN THE COURSE OF THIS AGREEMENT ARE PROVIDED “AS IS” WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. MONOMOSAIC IS, UNDER NO CIRCUMSTANCES, RESPONSIBLE FOR THE PRACTICES, ACTS OR OMISSIONS OF ANY THIRD PARTY OR YOU, OR SUCH THIRD PARTY OR YOUR WEBSITE(S) OR THE CONTENT THEREOF.
By registering (the “Registration”), You authorize us to charge You the currently posted fee for the monthly plan You selected. The duration of Your account (the “Term”) and the price (the “Monthly Fee”) are displayed to You during the registration process. The Monthly Fee is fully refundable within 3 days of the Effective Date. After that, refunds may be issued on a case by case basis up to a maximum of 75% of the Monthly Fee.
You authorize us to charge You the Monthly Fee starting on the Effective Date and recurring upon the expiration of each Term thereafter until You cancel.
You authorize us and its third-party billing-services provider to initiate debit/credit entries to the bank deposit account or credit card You provided for the cost of Your Monthly Fee. This authority is to remain in full force and effect until You cancel.
If Your Monthly Fee cannot be processed, Your account may be suspended or terminated.
If you want to terminate the Services at any time, you may do so by notifying us via our support channel using email or through your account setting.
We reserve the right to suspend or cease providing any portion of MonoMosaic Services, at any time, with or without cause, and with or without notice. We may suspend or terminate your use if you are not complying with these Terms, or if you use the Services in any way that could cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance.
You represent that: 1) The information provided by You when registering is up-to-date, and materially accurate; 2) You are responsible for maintaining and promptly updating Your account information with us for accuracy and completeness and keeping such information (and any passwords) secure against unauthorized access; 3) You are solely responsible for all account activity; and 4) Unless agreed otherwise or required by applicable law, any warranties provided in relation to Your purchase only extend to You on the understanding that You are a user and not a reseller of the Service.
Each party represents and warrants to the other that it has full right and authority to enter into this Agreement and to perform all of its obligations hereunder; that its execution and performance of this Agreement will not breach any agreement between itself and a third party; and that the provisions of this Agreement are binding upon and enforceable against it except as may be limited by applicable United States bankruptcy laws and other laws affecting creditors’ rights.
These Terms constitute the entire and exclusive agreement between MonoMosaic and you with respect to the Services and supersede and replace any other agreements, terms and conditions applicable to the Services.
These Terms create no third party beneficiary rights. MonoMosaic's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
You may not assign any of your rights in these Terms, and any such attempt is void, but MonoMosaic may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. You and MonoMosaic not legal partners or agents; but rather we have an independent contractor relationship.
MonoMosaic will not be responsible for any failure to perform or delay in performing any of its obligations under these Terms where and to the extent that such failure or delay results directly or indirectly from an event beyond our reasonable control.