Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by MonTools, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
- Your MonTools.Com Account and Site. If you create an account or Service on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Service. You must immediately notify MonTools of any unauthorized uses of your account or any other breaches of security. MonTools will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Fees and Payment. Optional premium paid services may be available on the Website. By selecting a premium service you agree to pay MonTools the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MonTools.Com links, and that link to MonTools.Com. MonTools does not have any control over those non-MonTools.Com websites and webpages, and is not responsible for their contents or their use. By linking to a non-MonTools.Com website or webpage, MonTools does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MonTools disclaims any responsibility for any harm resulting from your use of non-MonTools.Com websites and webpages.
- Copyright Infringement and DMCA Policy. As MonTools asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MonTools.Com violates your copyright, you are encouraged to notify MonTools in accordance with MonTools’s Digital Millennium Copyright Act (’DMCA’) Policy. MonTools will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of MonTools or others, MonTools may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, MonTools will have no obligation to provide a refund of any amounts previously paid to MonTools.
- Intellectual Property. This Agreement does not transfer from MonTools to you any MonTools or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MonTools. MonTools, MonTools.Com, the MonTools.Com logo, and all other trademarks, service marks, graphics and logos used in connection with MonTools.Com, or the Website are trademarks or registered trademarks of MonTools or MonTools’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MonTools or third-party trademarks.
- Changes. MonTools reserves the right, at its sole discretion, to modify or replace any part of
this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or
access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
MonTools may also, in the future, offer new services and/or features through the Website (including, the release of
new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this
- Termination. MonTools may terminate your access to all or any part of the Website at any time,
with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your
MonTools.Com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing,
if you have a Premium Services account, such account can only be terminated by MonTools if you materially breach this
Agreement and fail to cure such breach within one (1) day from MonTools’s notice to you thereof; provided that,
MonTools can terminate the Website immediately as part of a general shut down of our service. All provisions of this
Agreement which by their nature should survive termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided ’as is’. MonTools and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MonTools nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will MonTools, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interuption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MonTools under this agreement during the one (1) month period prior to the cause of action. MonTools shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless MonTools, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between MonTools and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MonTools, or by the posting by MonTools of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (’JAMS’) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MonTools may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.