Monarch's Haven

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Terms Of Use

Last update: July 2023

Introduction

The online products and services offered by Monarch’s Haven Inc. ( “Monarch’s Haven”, “we” or “us”, which includes directors, officers, employees, consultants, affiliates and assigns of Monarch’s Haven) include those offered through the “Monarch’s Haven Sites” (which term includes  https://monarchshaven.com/ and any and all Monarch’s Haven branded URLs that may be used by us from time to time and all components thereof) or any of them and all products and services offered now or in the future by Monarch’s Haven on or through the Monarch’s Haven websites or any of them and/or third party provider) (collectively, the “Services“, which term also includes access to and use of the Monarch’s Haven websites generally).

By accessing and/or using the Services, you agree to be bound by the terms and conditions contained in this Agreement, whether you are a “Guest” (meaning that you simply browse the Monarch’s Haven Sites, including via a mobile device, or use any of the Services for which a Customer Account is not required) or you are a “Customer” (meaning that you have a Monarch’s Haven account, referred to herein as a “Customer Account”). The term “User” refers to Visitors and Customers collectively.

Note: Monarch’s Haven websites are maintained and updated to bring you the latest information online. However, we cannot be held responsible for errors and omissions.

Note: The Monarch’s Haven websites are hosted in the United States and operated from Brazil and are subject to United States federal law, as applicable. However, your use of the Services may also be governed by and subject to the jurisdiction in which you access the Services.

This Terms of Use Agreement (this “Agreement” or this “Terms of Use Agreement”) sets out the legally binding terms for your use of the Services. You are only authorized to use the Services (whether or not your access or use is intentional) if you agree to comply with all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it. This Agreement is accepted upon your use of the Monarch’s Haven Sites or any of the Services and is further confirmed upon your purchase of any products or items (collectively, “Product”) through any Monarch’s Haven Site. If you do not agree to be bound by this Agreement or any of the legal provisions applicable to it and then all applicable laws. 

You may receive a copy of this Agreement by emailing Monarch’s Haven at: support@monarchshaven.com (Subject: Terms of Use Agreement).

Binding Contract/Language

01.   This Agreement forms and is a legal agreement between you and Monarch’s Haven regarding your access to and use of the Services. To the extent that Monarch’s Haven provides you with access to the Services, through your access to and use of the Services, you accept and agree, without limitation or qualification, to the terms and conditions contained in this Agreement and acknowledge that you intend and expect to be legally bound by its terms and conditions. This Agreement is further confirmed by you upon completing the purchase of any Product through a Monarch’s Haven website. you do not agree to this Agreement, you may not access or use the Services and you must immediately cease and permanently desist from any and all use of the Services.

02.   This Agreement includes the Monarch’s HavenMonarch’s Haven Links Policy, which are incorporated by reference and form an integral part of this document.

03.   You agree that this Agreement and any of its accessories, including notices, are written in the English language. /  The contracting parties have required that this agreement and its attachments, including any notices, be drawn up in the English language.

Interpretation

          04.  The division of this Agreement into sections, subsections, paragraphs and/or clauses and the insertion of headings
are for convenience of reference only and do not affect the construction or interpretation of this Agreement.Each capitalized term
has the meaning ascribed to it in this Agreement.

Amendments

          05.  Monarch’s Haven may modify this Agreement from time to time and such modification will be effective upon posting by Monarch’s Haven or its agent or representative at Monarch’s Haven. Your continued use of the Services after we post a revised Agreement signifies your acceptance of the revised Agreement. Therefore, it is important that you review this Agreement regularly to ensure that you are up to date on any changes.  You can view the most current version of this Terms of Use Agreement by clicking  hereYour continued use of the Services following the posting of such changes will constitute your acknowledgment and acceptance of the amended Contract. If you do not agree to the amended Agreement, you must immediately stop accessing and using the Services.

06.  No supplement, modification or amendment to your Agreement proposed by you will be binding on Monarch’s Haven unless agreed to by Monarch’s Haven in writing.

Eligibility

     07. In consideration of your use of the Services, you represent and warrant that:

1.    you are: (i) the age of majority to enter into a binding contract, which in the province of Ontario is 18 years of age or (ii) your parent(s) or legal guardian(s) is (are) aware of your intention to agree to this Agreement and have given your
consent to do so;

2.    you are not a person barred from receiving services under US federal law and/or other applicable jurisdictions; It is

3.    You will provide true, accurate, current and complete information about yourself ( “Customer Information“) as requested and will promptly maintain and update your Customer Information to keep it true, accurate, current and complete.

08. Monarch’s Haven has the right to refuse, suspend or terminate your Customer Account and/or refuse any and all current or future use of the Services (or any part thereof) without notice if (i) we believe that you are under 16 years of age and you represent yourself as being 18 years of age or older; (ii) Monarch’s Haven suspects that you have provided any information that is untrue, inaccurate, out of date or incomplete; and/or (iii) you are violating or Monarch’s Haven has reason to believe that you are violating this Agreement.

09. Using the Services and creating a Customer Account is confirmation of your age and/or consent (as applicable) and acceptance of the terms and conditions set out in this Agreement.

10. Use of the Services and registration to become a Customer are void where prohibited.

Usage Rules              

          11. You understand that the Services and the Monarch’s Haven Software embodied in the Services use a security framework that uses technology that protects digital information and that your use of the Services, materials and Content made available by or through the Services is subject to certain rules ( “Usage Rules“, which term includes but is not limited to this Section 5 through Section 21 and all other limitations and obligations relating to the use of the Services described herein).

12. You agree to abide by such Usage Rules, as set forth by Monarch’s Haven from time to time, and you agree not to violate, or attempt to violate, any of the Usage Rules.

13. You agree to use the Services only for lawful purposes and consistent with all applicable local, national or international laws and regulations. The Services must not be used where, and to any extent, such use is prohibited by law. Your use of the
Services from any location is subject to your compliance with all applicable laws and regulations that may apply to you. You
agree and confirm that your use of the Services is in full compliance with the laws of the jurisdiction(s) to which you are subject and that you are not prohibited from using the Services due to any type of restriction.

14. You must not attempt, or assist another person in attempting to, circumvent, substitute, reverse engineer, decompile, disassemble or otherwisetamper with any of the security-related components of the Servicesfor any reason;

15. You must not engage in any criminal, tort or other illegal activity, fraud (including the fraudulent purchase of any Product or use of any of the Services), infringement of intellectual property rights (including but not limited to infringement of copyrights, trademarks and patents), or theft of commercial or industrial secrets;

16. You must not impersonate or attempt to impersonate another Customer, person or entity or falsely state or misrepresent your affiliation with a person or entity;

17. You must not use another user’s Customer Account, login name or password at any time or disclose your password to any third party or allow any third party to access your account; sell or transfer any of the Services; It is

18. You must not forge headers or otherwise manipulate identifiers to disguise the origin of any Content (as described below) transmitted through the Services or cover or obscure any banner advertisements on any page of the Monarch’s Haven Site via HTML/CSS or any another medium;

19. You must not use any information obtained from the Services to harass, abuse or harm another person or entity, or attempt to do the same;

20. You must not engage in any activity that involves the use of viruses, bots, worms or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit unauthorized use of or access to a computer or computer network;

21. You must not interfere with, disrupt or create an undue load on the Services or networks or services connected to the Services;

22. You must not restrict or inhibit other users from using and/or enjoying the Internet;

23. You must not sell or transfer any of the Services;

24. You must not accept payment or anything of value from a third party in return for your carrying out any commercial activity through unauthorized or impermissible use of the Services on that person’s behalf;

25. You agree that your use of the Services may be controlled and monitored by Monarch’s Haven for compliance purposes, and Monarch’s Haven reserves the right to enforce the Usage Rules with or without notice.

26. Monarch’s Haven reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates the usage rules listed above, including, without limitation, reporting it to law enforcement authorities.

27. Any unauthorized reproduction, publication, further distribution or public display of the Services or Content, in whole or in part, is strictly prohibited.

Term

28. This Agreement, and any posted revisions to this Agreement, will be effective from the time you use the Monarch’s Haven Sites and/or the Services and/or when you create your Customer Account (whichever occurs first), and will remain in full force and effect even after you cease to use the Monarch’s Haven Sites and/or the Services and even after your Customer Account
is terminated.

Termination

29. You may terminate your Customer Account at any time, for any reason, by providing Monarch’s Haven thirty (30) days prior notice of your desire to close your Customer Account. Such notice may be sent via email to  monarchshaven@support.com . Your
account will be deemed terminated upon confirmation of receipt of your cancellation notice and the issuance of a valid cancellation number. If you are dissatisfied with the Services, the Content and/or your use thereof, or with any of Monarch’s Haven’s terms, conditions, guidelines, practices or policies in operating the Services, you agree that your sole and exclusive remedy shall be to discontinue using the Services.

30. We may close your Customer Account at any time, for any or no reason, with or without notice or explanation and without
liability. Monarch’s Haven further reserves the right to take whatever steps it deems necessary, including legal action, to restrict any and
all unauthorized use of the Services and/or Content, including, without limitation, reporting you to law enforcement authorities and/or initiate civil claims actions. We also reserve the right to refuse, suspend or terminate your account and/or deny, restrict, suspend or terminate your access to all or any part of the Services if Monarch’s Haven determines, in its sole discretion, that you (i) have violated this Agreement, (ii) pose a threat to Monarch’s Haven and/or users of the Services, and/or (iii) have violated any applicable law or regulation.

31. This Agreement may be terminated by you or us at any time for any or no reason. Upon termination of this Agreement, the license(s) granted by us to you hereunder will immediately and automatically terminate. All other provisions will remain in full force and effect after termination. Upon termination, you must immediately cease all use of the Services.

Privacy and Collection and Use of Personal Information

32. Your use of the Services is governed by this Agreement and the Monarch’s Haven Privacy Policy, which is incorporated into this Agreement by reference and forms an integral part of this Agreement. You expressly acknowledge and agree to the terms and conditions of the Monarch’s Haven Privacy Policy

33. Subject to our Privacy Policy, you agree that Monarch’s Haven may collect and use technical data and related information, including
but not limited to technical information about your device, system and application software and peripherals, which is collected from time to time to facilitate the provision of software updates, product support and other services to you (if any) in connection with the Services. We may use this information to improve our products and/or provide services or technologies to you.

34. For greater certainty, you expressly acknowledge and consent to Monarch’s Haven accessing, preserving and disclosing your
Customer Information
  if required by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process requirements; (ii) enforce this Agreement; (iii) respond to claims that you have violated the rights of others; (iv) respond to your requests for Customer service and/or technical support; or (v) protect the rights, property or personal safety of Monarch’s Haven, its Users and the public.

Passwords and Security

35. When registering to become a customer (ie when creating your customer account), you will be asked to choose a “Username” and password.

(i) You are solely and entirely responsible for any and all use of your Customer Account.

(ii) You are solely and entirely responsible for maintaining the confidentiality of your username and password.

36. You agree not to use another customer’s customer account, username or password at any time and not to disclose your password to any third party.

37. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password.

Prices

38. Subject to Change  – Prices are subject to change with or without notice. For up-to-date information, please contact us.

39. Taxes  – Listed prices do not include all applicable taxes. These taxes will be added to the listed price at the time of purchase.

Payment Information

40. For your security, your name and billing address must match the credit card used for payment. We reserve the right to cancel any order where there is a mismatch of information.

Product Availability

41. If the Product selected is temporarily out of stock at the time of your order, the Product will be placed on hold. You will be notified by email and advised of the expected shipment date of the Backordered Product

42. Backordered product is shipped as soon as it is available via the originally selected shipping method used when your order was
placed. If your order contains both In Stock and Back On Product, the In Stock Product will be shipped immediately and the Back On Product will be shipped as soon as it is available. There are no additional shipping costs for shipping the Backordered Product. If, for any reason, you wish to cancel an on-hold product, please 
contact us.

43. Product that is not in stock at the time of purchase is not eligible for promotional offers. Only in-stock Product is eligible to count towards purchases associated with promotional offers.

Order Cancellation

44. Once you have completed your order, you cannot cancel or change your order. Our system is designed for processing and shipping only, and all orders are final. 

45. Notwithstanding the foregoing, orders or accessories to an order may be canceled by us. Reasons for such cancellation may include:

  • The order can/cannot be shipped to the Customer address provided
  • A duplicate order was placed by the Customer
  • The payment information provided could not be processed
  • Customer request (at Monarch’s Haven’s sole discretion)

          

          46. If your order is cancelled, you will receive an email notice explaining the reason(s) for cancellation.

          47.  You will not be charged for any canceled Product.

          48.  Shipping and handling fees are non-refundable.

If you are interested in placing a new order or have questions about a canceled order, please  contact us.

Damaged or defective product / Returns

49. If you receive damaged or defective products on a Monarch’s Haven website, please contact Monarch’s Haven by telephone or email within five (5) days of delivery. Please provide us with the order number and product number from your original confirmation email, as well as your email address and telephone number.   If you do not contact Monarch’s Haven within five (5) days of delivery, you may not return the damaged or defective Product.

          50. If you are not completely satisfied with your purchase of Monarch’s Haven products, please contact our support team at  monarchshaven@support.com.

  • All returns are subject to Monarch’s Haven approval and may be denied if the product has been opened or used and is not in the original condition in which it was received.
  • Returns through https://monarchshaven.com/ are subject to a 20% restocking fee
  • No returns will be accepted after 7 days of receiving your order.
  • We will not accept returns for individual components purchased as part of a set or package.
  • Returned products must be properly packaged for pickup and placed securely on a pallet whenever possible
  • Refunds will be issued based on the original payment method

 

51. We will provide free return shipping (applied as a credit to your customer account) if the return results from shipping a damaged,
defective or incorrect product. In all other cases, you are responsible for your own shipping and handling if you return the Product to us.

52. If you wish to return a product to Monarch’s Haven, please see our contact page.

53. A refund or credit, if/as applicable, and email confirmation will be issued within thirty (30) days of receipt of the returned Product. Any refund/credit will be in the same form of payment originally used for your purchase. Refunds/credits for returned gifts will be issued to the original purchaser.

54. Unfortunately, shipping and handling fees are non-refundable.

55. Sections 42 to 47 do not apply to the purchase of products through any source other than a Monarch’s Haven website. In such cases, the applicable supplier’s return policy will apply.

Owner’s rights

56. You expressly acknowledge and agree that the Services and any and all content and materials (including, without limitation, all content posted by Monarch’s Haven, our sponsors, partners and/or affiliates and/or by you, and all Products, logos,  software  and all other intellectual property) posted and/or otherwise described on the Monarch’s Haven websites or otherwise created by Monarch’s Haven and/or its licensors and associated with the Services or Product (collectively, “Content“) are owned by Monarch’s Haven and/or its licensors, and are protected by applicable intellectual property and other laws (including, among others, copyrights, trademarks, patents, trade secrets, trade secrets and other laws).

57. You expressly acknowledge and agree that the content and information (with the exception of your name, telephone number and other similar personal information) posted or provided by you as part of your access and/or use of the Services is and will be at your owned by Monarch’s Haven immediately and automatically upon posting/providing such consent and/or information on the Monarch’s Haven website or otherwise to Monarch’s Haven, and is protected by applicable intellectual property and other laws (including, but not limited to, copyright, trademark, patent, trade secret, trade secret and other laws). To the extent that the ownership of such content and/or information cannot be assigned or transferred, you hereby grant Monarch’s Haven a non-exclusive, transferable, sublicensable, royalty free, worldwide, irrevocable, perpetual license to use and exploit any and all intellectual property and other content and materials posted or provided by you as part of your access and/or use of the Services. You also fully and unconditionally waive any and all moral rights in or associated with all content and information posted or provided by you as part of your access and/or use of the Services.

58. Except as provided in this Agreement,  you must not reproduce, duplicate, copy, modify, rent, lease, loan, sell, distribute, exploit or create derivative works based on the Services or the Content in any way and you must not exploit the Services or Content in any unauthorized manner  (including, but not limited to, by trespassing or overloading network capacity). For greater certainty and without limiting the generality of the foregoing, any and all Content (including but not limited to blog entries and message board postings) posted by you on a Monarch’s Haven website is and will remain the sole and exclusive property of Monarch’s Haven .

59. You may, to the extent available to do so and subject to this Agreement, use the Services to access other information, materials and
related services that may be made available by Monarch’s Haven through the Services from time to time. You agree that you acquire absolutely no rights or licenses to any Content or Services other than the limited right to access and use the Content and Services in accordance with this Agreement. Any unauthorized reproduction, publication, further distribution or public display of the Services or the Content, in whole or in part, is strictly prohibited.

Communications

60. By using the Services, and in particular downloading the Monarch’s Haven Software, you agree and consent that Monarch’s Haven and its partners and affiliates may communicate with you via such communication methods as may be necessary and/or recommended by Monarch’s Haven from time to time, in its sole discretion, including but not limited to regular mail and e-mail, whether specifically addressed to you or addressed to various parties.

         61. You agree to the exchange of information and documents between us electronically over the Internet or by email, including any exchange of information and receipt of electronic communications from time to time, including updates, postings, announcements,
messages and other communications, between any email addresses you provide to us and email addresses we may provide to you (such as: monarchshaven@support.comuntil you withdraw your consent by notifying us that you no longer wish to receive electronic communications from us. 

62. Notwithstanding the foregoing, you may withdraw your consent to receive communications electronically at any time. However, we note that not all Services allow for communications to be provided in paper format or by other non-electronic means. Therefore, if you withdraw your consent, your use of the Services may be interrupted, limited and/or terminated. To withdraw your consent to direct communications from us to you, please contact us at:  monarchshaven@support.com

63. All notices and communications to or from you must be in writing and must be emailed to  monarchshaven@support.com or the email address you may provide to Monarch’s Haven in connection with your use of the Services, as applicable. Either party may revise their contact information by sending the other a new/corrected email address to the address specified in the preceding sentence. Notwithstanding the foregoing, Monarch’s Haven may also post notices or communications, or other matters of importance, on the Services; and you agree that such postings will constitute a notice to you, whether or not you access the notice/communication through the Services. Notice by email or posting to the Services will be deemed given forty-eight (48) hours after the email is sent or posted, unless, in the case of email, the sending party is notified that the address email address is invalid.

Disclaimers and Limitation of Liability

64. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

65. MONARCH’S HAVEN MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES, OR THAT (V) ANY ERRORS IN THE MONARCH’S HAVEN SOFTWARE, OR THE SERVICES BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED OR VIEWED THROUGH THE USE OF THE SERVICES OR THE INTERNET GENERALLY IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY AND YOU ARE ENTIRELY RESPONSIBLE FOR ANY DAMAGES THAT OCCUR AS A RESULT THEREOF , INCLUDING, BUT NOT LIMITED TO, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM DOWNLOADING ANY MATERIAL AND ANY DAMAGE YOU MAY SUFFER IF YOU TRANSMIT CONFIDENTIAL OR SENSITIVE INFORMATION TO US OR IF WE COMMUNICATE THIS INFORMATION TO YOU. NO ENDORSEMENT OF ANY THIRD PARTY PRODUCTS, SERVICES OR INFORMATION IS EXPRESSED O IMPLIED BY ANY INFORMATION, MATERIAL OR CONTENT REFERRED TO OR INCLUDED IN OR LINKED TO OR FROM THE MONARCH’S HAVEN WEBSITE. MONARCH’S HAVEN DOES NOT WARRANT THAT THE INFORMATION, SOFTWARE AND/OR OTHER MATERIALS ACCESSED OR VIEWED THE SERVICES WILL BE FREE OF VIRUSES, BOTS, WORMS OR ANY OTHER COMPUTER CODE, FILES OR PROGRAMS THAT MAY INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARE, OR OTHERWISE ALLOW UNAUTHORIZED USE OR ACCESS TO ANY COMPUTER OR A COMPUTER NETWORK.

66. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MONARCH’S HAVEN OR THROUGH THE SERVICES SHALL CREATE ANY NEW WARRANTY, REPRESENTATION OR CONDITION.

67. MONARCH’S HAVEN IS AND SHALL NOT BE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES OR ANY INTERNET USER GENERALLY.

68. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL Monarch’s Haven (OR ITS AFFILIATES, LICENSORS, CONTRACTORS AND RESPECTIVE EMPLOYEES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USAGE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF Monarch’s Haven HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:

         (i) USE OF OR INABILITY TO USE THE SERVICES OR OTHERWISE ACCESS THE INTERNET OR ANY PART THEREOF; (ii) THE USE OR INABILITY TO USE any product PURCHASED or otherwise purchased through the services; (iii) Customers’ disclosure of information to Monarch’s Haven; (iv) any Content posted on or through the Services; (v) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, NFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (vi) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vii) STATEMENTS OR CONDUCT OF ANY CUSTOMER OR THIRD PARTY, whether online or offline; (viii) third-party software or hardware installed by Users; (ix) spyware, malware or viruses contracted from using the Internet or otherwise through the Services; (x) THE USE OF, OR ITS RELIANCE ON, ANY CONTENT, ADVICE, RECOMMENDATIONS OR OTHER INFORMATION CONTAINED OR OTHERWISE PROVIDED THROUGH YOUR USE OF THE SERVICES; OR (xi) ANY OTHER MATTER RELATING TO THE SERVICES OR OUR PRODUCT, REGARDLESS OF WHETHER MONARCH’S HAVEN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE REASONABLE KNOWLEDGE OF THE POTENTIAL FOR SUCH DAMAGES. OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (xii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (xiii) STATEMENTS OR CONDUCT OF ANY CUSTOMER OR THIRD PARTY, whether online or offline; (xiv) third-party software or hardware installed by Users; (xv) spyware, malware or viruses contracted by using the Internet or otherwise through the Services; (xvi) THE USE OF, OR YOUR RELIANCE ON, ANY CONTENT, ADVICE, RECOMMENDATIONS OR OTHER INFORMATION CONTAINED OR OTHERWISE PROVIDED THROUGH YOUR USE OF THE SERVICES; OR (xvii) ANY OTHER MATTER RELATED TO THE SERVICES OR OUR PRODUCT, REGARDLESS OF WHETHER MONARCH’S HAVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE REASONABLE KNOWLEDGE OF THE POTENTIAL FOR SUCH DAMAGES. OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (xviii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (xix) STATEMENTS OR CONDUCT OF ANY CUSTOMER OR THIRD PARTY, whether online or offline; (xx) third-party software or hardware installed by Users; (xxi) spyware, malware or viruses contracted from using the Internet or otherwise through the Services; (xxii) THE USE OF, OR YOUR RELIANCE ON, ANY CONTENT, ADVICE, RECOMMENDATIONS OR OTHER INFORMATION CONTAINED OR OTHERWISE PROVIDED THROUGH YOUR USE OF THE SERVICES; OR (xxiii) ANY OTHER MATTER RELATING TO THE SERVICES OR OUR PRODUCT, REGARDLESS OF WHETHER MONARCH’S HAVEN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE REASONABLE KNOWLEDGE OF THE POTENTIAL FOR SUCH DAMAGES.

69. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Monarch’s Haven’S LIABILITY TO YOU FOR ANY CAUSE AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Monarch’s Haven FOR THE APPLICABLE SERVICE AND/OR PRODUCT SOLD TO YOU THROUGH THE SERVICES.

70. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Links/Third Party Websites

71. Use of the Services is governed by this Agreement and the   Monarch’s Haven Linking Policy . In addition, Monarch’s Haven and/or third parties may provide links to other websites or resources. The inclusion of any link or resource in the Services does not imply approval or endorsement by Monarch’s Haven. When accessing these sites or resources, you do so at your own risk. Monarch’s Haven has no control over third party sites and resources  and such sites and resources are not necessarily investigated, monitored or verified for accuracy or completeness by Monarch’s Haven. You expressly acknowledge and agree that Monarch’s Haven  is not responsible for the availability of such external sites or resources  and that  Monarch’s Haven does not endorse and is not responsible for any content, advertising, products, opinions or other materials on or available from or through such sites or resources . You also expressly acknowledge and agree that  Monarch’s Haven is not responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or  reliance on any  content, goods or services available on or through any website or resource. 

72. Monarch’s Haven and/or third parties may create and/or provide advertisements and applications to Users. Monarch’s Haven assumes no responsibility for advertisements or third party applications that are created and/or published on or through the Services, nor does Monarch assume any responsibility for the goods or services provided by its advertisersYour correspondence or dealings with, or participation in promotions from, advertisers found on or through the Services, including payment for and delivery of related goods or services, and any other terms, representations, warranties or conditions associated with such dealings, are solely between you and such
advertiser. You agree that Monarch’s Haven is not responsible for any loss or damage of any kind incurred as a result of any such transactions or as a result of the presence of third party advertisers on the Services.

technical matters

73. You understand and acknowledge that the technical processing and transmission of the Services may involve (i) transmissions over various networks within and outside the US and/or (ii) changes to conform and adapt to technical requirements of
connecting networks or devices . Monarch’s Haven performs the technical functions necessary to provide the Services.  You agree to
allow Monarch’s Haven to perform such technical functions and that such technical functions may include the installation of software on your device.

74. Monarch’s Haven is not responsible for any problems or technical malfunctions of any telephone network or lines, online computer systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion. traffic on the Internet or on any of the Services or any combination thereof, including any injury or damage to Users or anyone’s computer related to or resulting from participating in or downloading materials related to the Services.

75. Monarch’s Haven assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission,
communication line failure, theft or destruction or unauthorized access or alteration of any User communication (whether via Internet, telephone, “wireless” or any other method of communication).

Disputes – Governing Law, Jurisdiction and Arbitration

76. By accessing the Services, you and Monarch’s Haven agree that all matters relating to your access to or use of the Services and all communications, transmissions and transactions associated with the Services shall be deemed to have occurred in the USA and shall, together with this Agreement, be governed by applicable United States federal law without regard to conflicts of law principles. You and Monarch’s Haven further agree and hereby irrevocably submit and declare to the exclusive personal jurisdiction and venue of the US courts with respect to such matters.

77. YOU ACKNOWLEDGEABLE, WILLING AND INTENTIONAL WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR TO PARTICIPATE IN CLASS PROCEEDINGS IN CONNECTION WITH ANY DISPUTE (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, RECOVERIES, CROSS CLAIMS, OR THIRD PARTIES) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF ANY PARTY HAS STATED, EXPRESS OR OTHERWISE, THAT SUCH PARTY WOULD NOT, IN THE EVENT OF SUCH A DISPUTE, SEEK TO APPLY THIS JURY TRIAL WAIVER PROVISIONEACH PARTY ACKNOWLEDGES THAT THIS CLAUSE IS AN INDUCTION MATERIAL TO THE OTHER PARTY ACCEPTING THIS AGREEMENT.

78. The User’s sole and exclusive remedy is to cancel their Customer Account in accordance with the terms of this Agreement.

79. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to the use of the Services or relating to this Agreement must be brought within one (1) year after such claim or cause of action arose or will be barred forever.

Indemnity

80. You agree to defend, indemnify, save and hold harmless Monarch’s Haven, its affiliates and their respective officers, directors, employees, professional advisers and agents and volunteers from and against any claims, actions, demands, losses, liabilities, damages, costs and expenses, including without limitation reasonable legal and accounting fees, alleging or arising out of your access to and use of the Services, your use of the Content and/or your violation of this Agreement and/or violation of any third party rights.

In general

81. You acknowledge that you have read, understood and agreed to all the provisions of this Agreement and have signed it of your own free will and without any form of coercion exercised over any of them by the others, and each acknowledges that you have had the opportunity to obtain independent legal advice with respect thereto, and that each of them had expressly received or renounced them.

82. Monarch’s Haven will not be deemed to have waived the exercise of any right it has under this Agreement, at law or in equity, unless such waiver is made in writing. No waiver made with respect to any instance involving the exercise or non-exercise of any right shall be deemed a waiver with respect to any other instance involving the exercise or non-exercise of the right or with respect to any other right.

83. If, in any jurisdiction, any of the terms or conditions contained in this Agreement are found to be unenforceable (in whole or in part) by a court of competent jurisdiction, such term(s) and/or condition(s) will be restricted or eliminated to the minimum extent necessary and the remaining term(s) and condition(s) (or part(s) thereof) will remain in full force and effect.

84. You agree that this Agreement, the license(s) granted herein, your Customer Account and your Username and password are non-transferable and any rights in your Customer Account, Username and password terminate after his death. Upon receipt of a copy of a death certificate, your personally identifiable information (as described in the Monarch’s Haven Binding Policy) will be permanently deleted.

85. You agree to use reasonable efforts to do, make, perform, deliver or cause to be done, made, performed or delivered, all other acts, documents and things that Monarch’s Haven may reasonably require from time to time for the purpose of giving effect to this Agreement, including regularly reviewing this Agreement and updating your Customer Account.

86. Monarch’s Haven shall not be responsible or liable for any delay or failure to perform this Agreement or for any interruption in the Services resulting directly or indirectly from any act of God or the enemies of the USA, a lawful act of a public authority, a delay or default by a common carrier, fire, explosion, power failure, flood, epidemic, riot or civil disturbance, sabotage, accidents, insurrections, blockades, embargoes, storms, labor disputes, strikes or similar events, which cannot reasonably be provided or provided against.

87. We may use third parties to facilitate the use, license and/or purchase of the Services and/or Product. If and when you download, install, use, license and/or purchase the Services through a third party, other terms and conditions may apply as prescribed by that third party. We are not responsible for and have no control over these terms and conditions. We strongly recommend that you familiarize yourself with these terms and conditions and ensure that they are acceptable to you before downloading, installing, using, licensing and/or purchasing. 

88. You expressly ACKNOWLEDGE and agree that you have read this Agreement, understand it and further agree to be bound by its terms and conditions, as amended from time to time. You further ACKNOWLEDGE and expressly agree that this instrument is the complete and exclusive statement of the agreement between you and Monarch’s Haven, which supersedes all prior proposals or agreements, oral or written, and all other communications between the parties relating thereto. of this agreement.  Anything in the Services inconsistent with this Agreement is superseded by this Agreement.

   Please CONTACT Monarch’s Haven if you have any questions, comments or concerns about this Agreement.

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This Terms of Use Agreement was last updated in July 2023.

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