TERMS OF USE

 

 

 

Acknowledgement and Acceptance of Terms of Use

MonsoonRF.com (Website) is provided to you under this Terms of Use and any operating rules or policies that may be published by MonsoonRF. This comprises the entire agreement between you and MonsoonRF and supersedes all prior agreements between the parties regarding the subject matter contained herein.  The Website may be updated by us from time to time without notice to you. You can review the most current version of the Website at any time at: http://www.monsoonRF.com. In addition, when using particular Website services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the agreement. By using our services, registering for an account, posting a message, downloading data, information or software, if any, from MonsoonRF or otherwise interacting with our Service, you are indicating your agreement to be bound by all of the MonsoonRF terms of use.

   

Description of Service

The Website may provide users with access to a wide array of resources, including, various       communications tools, forums, shopping services, personalized content and branded programming through its network of properties (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for MonsoonRF to provide the Service. You also understand and agree that the service may include certain communications from MonsoonRF, such as service announcements and administrative messages, and that these communications are considered part of MonsoonRF membership, if any, and you will not be able to opt out of receiving them unless explicitly stated and requested via e-mail, internet or any form of mail. You understand and agree that the Service is provided “AS-IS” and that MonsoonRF assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalized settings.  You are responsible for obtaining access to the Service. In addition you must provide and are responsible for all equipment necessary to access the Service.

   

Your Registration Obligations

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from using MONSOONRF services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MONSOONRF has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MONSOONRF has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). MONSOONRF is concerned about the safety and privacy of all its users as is described and conditioned under Private Policy.

   

Member Name, Password and Security

You will receive or generate by yourself a password and member name upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MonsoonRF of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MonsoonRF cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

   

Your Conduct

You understand that all information, text, data, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MonsoonRF, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. MonsoonRF does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MonsoonRF be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

 

You agree to not use the Service to:

 

  • upload, email, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable harm minors in any way

  • impersonate any person or entity, including, but not limited to, a MonsoonRF official or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.

  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party

  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose

  • upload post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt,  destroy or limit the functionality of any computer software or hardware or telecommunication equipment

  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to    the Service

  • intentionally or unintentionally violate any applicable local, state, national or international   law

  • “stalk” or otherwise harass another

  • Collect or store personal data about other users

 

You acknowledge that MonsoonRF may not pre-screen Content, but that MonsoonRF and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, MonsoonRF and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by MonsoonRF or submitted to MonsoonRF, including without limitation information in the Website, and in all other parts of the Service.

 

Trade Mark

MonsoonRF, trademarks and service marks and logos and product and service names are trademarks of MonsoonRF Inc. Without MonsoonRF Inc.’s prior permission, you agree not to display or use, in any manner, them.

 

Copyrights

MonsoonRF respects the intellectual property of others, and we ask our users to do the same.  MonsoonRF(tm)  All rights reserved. The contents of the Website pages, including, but not limited to text, graphics, and icons, are copyrighted materials owned or controlled by Monsoonrf, Inc. and its affiliate companies and contain MonsoonRF’s name, trademarks, service marks, and trade names. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, evaluating, or acquiring MonsoonRF services or products. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials.

 

MonsoonRF’s Property Rights

You understand that the Service and software embodied within the Service may include security      components that permit digital materials to be protected, and use of these materials is subject to usage rules set by MonsoonRF and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

   

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” & “AS AVAILABLE” BASIS. MONSOONRF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

MONSOONRF MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MONSOONRF OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE CONTRACTS.

 

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE & BUSINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

 

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

   

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MONSOONRF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MONSOONRF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD       PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

  

Notice

Notices to you may be made via either email or regular mail. However, MonsoonRF reserves the right to modify or discontinue the Service with or without notice to You. The Service may also provide notices of changes to the Website or other matters by displaying notices or links to notices to you generally on the Service.

   

 Mailing Address

All legal matters must be mailed to the address below by an US Certified Mail.

 

MonsoonRF, Inc.

4021 Via Manzana

San Clemente, CA 92673