Personal Use Only
emonster grants you a license to access and use the Services for personal, noncommercial purposes, other than to purchase items from third-party merchants linked to from our Site or provided through our Services. This license does not include and strictly prohibits: any resale of the Site or its contents; any use and any collection of product listings, descriptions, or prices other than as expressly authorized herein; any derivative use of the Site or its contents; or any use of robots, data mining, or similar extraction and data gathering tools.
Links to Third Party Sites
Our Site and Services contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours and we are not responsible for any changes to or content on them. Our inclusion of any third party content or a link to a third party site is not an endorsement of that content or third party site.
Your correspondence or related activities with third parties, including payment transactions and goods delivery transactions, are solely between you and that third party. You agree that emonster will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints or claims related to any product or service should be directed to the appropriate vendor.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND THE RELATED SERVICES ARE PROVIDED BY EMONSTER ON AN "AS IS" AND "AS AVAILABLE" BASIS. EMONSTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE AND THE RELATED SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE RELATED SERVICES ARE AT YOUR SOLE RISK. EMONSTER RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS SITE OR ITS SERVICES AT ANY TIME IN ITS DISCRETION. EMONSTER MAKES NO REPRESENTATION OR WARRANTY THAT THE EMONSTER SERVICES: (I) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) THE EMONSTER SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (III) ANY ERRORS WILL BE CORRECTED.
ANY CONTENT OR SOFWARE YOU DOWNLOAD FROM EMONSTER IS AT YOUR OWN RISK. YOU AGREE THAT EMONSTER SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE TO EQUIPMENT, LOSS OF DATA OR OTHER DAMAGE THAT OCCURS DUE TO SUCH DOWNLOADS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EMONSTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EMONSTER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, ITS SERVICES, SOFTWARE DOWNLOADED FROM EMONSTER, OR E-MAIL SENT FROM EMONSTER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EMONSTER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR DOWNLOADED SOFTWARE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Copyrights and Service Marks
The emonster Site and Services, including the interface, operation, and contents, are covered by United States copyright laws and international treaties and covenants, and may not be reproduced, copied, duplicated, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the prior express written consent of emonster.
emonster, emonster Services, and the emonster logo are service marks of emonster, Inc. Any other product names, marks, symbols, trade names, company names and/or logos which appear within the Site or Services are the property of their respective owners and appear through the courtesy of and/or a license from, such owners. Such marks, in addition to the emonster service marks, are protected by US law, including its laws on trademark and unfair competition, and may also be protected by the laws in other countries.
Any unauthorized use of the Site's or Service's materials, the emonster service marks, and/or the marks belonging to any other party that appear on the Site or Services, may violate copyright law, trademark law, and unfair competition laws, among others, in the US, as well as may violate the laws in other countries, and may be subject to criminal and civil penalties.
Governing Law and Dispute Resolution
These Terms shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in San Francisco, California if seeking preliminary or interim relief or enforcement of an arbitration award.
emonster may elect to resolve any controversy or claim arising out of or relating to these Terms or our sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California necessary to protect the rights or property of you or emonster, Inc. (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.