PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using or downloading information from this website, you represent that you have read and understand these Terms and Conditions of Use and agree to be bound by them. If you do not agree with these Terms and Conditions of Use, in whole or in part, please do not continue to use this website.
Changes to these Terms and Conditions of Use
Monarch Technology, Inc., a Washington corporation (“Monarch,” “us,” or “we”) may modify these Terms and Conditions of Use at any time and without notice, by updating this page. Please check this page periodically for changes since your continued use of this website following the posting of changes will indicate your acceptance of those changes.
Copyright and Restrictions on Use
As between you and Monarch, you acknowledge that Monarch owns or has license to all title and copyrights in and to the materials and content provided on this website (the “Materials”). All title and intellectual property rights in and to any licensed content provided on this website is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. Moreover, the organization and design of this website are the property of Monarch and are protected by worldwide copyright laws and treaty provisions. Any photos or images herein are the property of their respective owners and use of these images without the express written consent of the owner is prohibited. You may access, print, and make personal use of this website for the sole purpose of facilitating your personal, non-commercial use and retention of information from this website. Except for the purpose of page caching and as otherwise explicitly set forth in this paragraph, you may not copy, distribute, republish, modify, display, publicly perform or use the Materials in any manner, without our prior written consent. You may not use spiders and other search robots on this website. Your use of spiders or search robots in violation of these Terms and Conditions of Use may be a violation of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 et seq., state or other federal law, and/or foreign law, and Monarch shall take all actions it deems necessary to enforce its rights.
Intellectual Property Notice
Nothing contained in these Terms and Conditions of Use shall be construed as conferring any license or right to any trademark or other intellectual property right of Monarch or any other party. Monarch and Monarch Technology are trademarks of Monarch. All other trademarks, trade names, service marks and logos displayed throughout this website are the property of Monarch or licensed to Monarch, or owned by third parties. You may not display, use as a link, use as a meta tag, or otherwise use any of the trademarks, trade names, service marks and logos displayed throughout this website without the prior written consent of the owner of the trademark, trade name, service mark and logo.
Compliance with Law
We control and operate this website from our offices within the State of Washington, United States of America. Monarch makes no representation that the Materials are appropriate or available for use in other locations. You are solely responsible for compliance with all applicable laws and regulations that may govern your access and use of this website.
Other Businesses and Links
This website may contain links to websites or be linked to websites not under the control of Monarch. Monarch does not endorse the companies, products or websites that are linked to this website. Accordingly, we do not assume any responsibility or liability for the actions, products, or content of these websites. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THIS WEBSITE AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Monarch EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS WEBSITE OR THE MATERIALS ARE ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS.
Computer systems are vulnerable in varying degrees to computer viruses, bugs, power disruptions, communication line disruptions, Internet access failures, Internet content failures, attacks by hackers and other problems (“E-Problems”). We have taken reasonable steps so that E-Problems will not materially affect our business, but do not guarantee that our website is immune to E-Problems. It is your responsibility to protect yourself from E-Problems. Steps you may consider taking to mitigate the vulnerability of your computer system to E-Problems include using firewalls, password protection, and anti-virus programs.
All product, services, and property information contained within this website is subject to the possibility of errors, omissions, change of price, change of services or updates or other conditions, prior sale, lease or financing, or withdrawal without notice. Any projections, opinions, assumptions or estimates contained within this website are for example only, and such projections, opinions, assumptions or estimates may not represent current or future performance of a product, service or property. You and your tax and legal advisors should conduct your own investigation of any items listed on this website and any contemplated transaction concerning any items on this website.
Limitation on Liability
IN NO EVENT SHALL Monarch, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR INCOME, OR LOSS OF USE OF EQUIPMENT, SOFTWARE OR DATA) RELATED TO OR THAT ARISE FROM (A) YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS, (B) YOUR RELIANCE ON ANY MATERIALS CONTAINED ON THIS WEBSITE, OR (C) ANY GOODS OR SERVICES ADVERTISED OR LINKED TO THIS WEBSITE, EVEN IF Monarch IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, ACTED NEGLIGENTLY OR IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
You will indemnify, defend and hold Monarch, including its officers, directors, employees, affiliates, agents, contractors, and licensors, harmless with respect to any suits or claims arising out of (i) your breach of these Terms and Conditions of Use, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (ii) your use or misuse of this website.
The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in the jurisdiction where the provision was held to be invalid or unenforceable.
Governing Law, Venue and Dispute Resolution
These Terms and Conditions of Use shall be interpreted, construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the State of Washington, excluding its choice of law rules and the United Nations Convention on Contracts for the International Sale of Goods. All claims or actions arising out of or related to these Terms and Conditions of Use and your use of this website and the Materials shall be settled by final and binding arbitration under the Comprehensive Arbitration Rules and Procedures of JAMS. Such arbitration shall be held in King County, Washington before one arbitrator selected by mutual agreement of the parties or, absent such agreement, in accordance with the JAMS rules. The arbitrator may not award any punitive damages. Any award of the arbitrator may be enforced in any court of competent jurisdiction. NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, Monarch MAY SEEK INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THIS WEBSITE IN THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON AND YOU IRREVOCABLY AND UNCONDITIONALLY CONSENT TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.