Terms of Use
Thank you for choosing The Monarch List for your beauty needs. When you use our website, you are agreeing to these Terms of Use, so please read these carefully, as they contain important information regarding your legal rights and obligations.
The Monarch List provides a compendium of self-elected beauty, wellness, and aesthetic providers from which the User may compare and select services of his/her choice. You can access our Software Service through our website and/or app.
By accessing and using www.themonarchlist.com (hereinafter the “Website”), you accept and agree to be bound by these Terms of Use including without limitation our Disclaimer and Privacy Policy, as posted on the website and incorporated herein by reference. These Terms of Use govern your access to the use of Clipboard Concierge LLC’s website, mobile applications, electronic or other services, plugins, and any other content that links to these Terms. By accessing the website or using the services, yourself or through any agent or other end user, you indicate that you have read this agreement and agree to be bound by its terms. You agree and are responsible for the accuracy and completeness of any account information you provide, including updates if needed.
This Terms of Use agreement is effective on the earlier of
(1) the date you accept this Agreement by clicking on an “I agree” button or other form of acceptance, or
(2) the date you and/or your agents or assigns first access or use the services, whether in connection with any paid subscription or free trial.
The term “you” refers to anyone who uses, visits, and/or views the website, including your heirs, successors, or legal representative(s). Clipboard Concierge LLC on behalf of The Monarch List (“company”, “I”, “we” or “us”), reserves the right to amend and/or modify these Terms of Use in its sole discretion at any time without notice. By continuing to use the website, you accept any amendments. It is your responsibility to periodically check the website for updates.
Your continued use of the website after posting any changes to our Terms of Use constitutes your acceptance of those updated changes and updates in future use. You must not access and must cease to use the website if you do not wish to be bound by these updated Terms of Use.
INTENDED AGE
All information and content on this website are intended for individuals over the age of 18. Children, as defined in our Privacy Policy, are prohibited from using this website. You expressly agree that you are utilizing this website for your own personal service needs and will not utilize this website on behalf of any minor. Should you choose to later make any recommendation on a service or provider to any minor based upon your research or usage of this website, you expressly agree that any such recommendation arises solely from you individually and is not a recommendation for use from us or the Company.
PRIVACY POLICY
We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms of Use. Please review our Privacy Policy for more information.
DISCLAIMER
Your acceptance of our Disclaimer is expressly incorporated into these Terms of Use. Please review the Disclaimer for more information.
MANDATORY ARBITRATION AND GOVERNING LAW
You expressly waive any legal claims you may have now or in the future arising from or related to the website and our products/services. In the event of a dispute, claim, or controversy arising from or relating to your use of this website, the Terms of Use shall be construed under the laws of the state of Texas, USA.
You agree to resolve any disputes or claims through mandatory arbitration to the fullest extent permitted by law, and you consent to and submit to the jurisdiction and courts of Texas, USA without regard to conflict of law principles or location of any party at the time of the dispute.
You agree that any claim you bring in arbitration will arise from your own use and not the use of any other person or business; you expressly agree not to participate in or act as class representative for any class action lawsuit arising from your use of this Website. You agree to bear the full cost of arbitration, to the extent permitted by law. Participation in arbitration in good faith is a condition precedent to pursuing any other legal or equitable remedies available. You also agree that if a legal claim is filed after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other legal costs.
INTELLECTUAL PROPERTY
All content on this website including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads, and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property and unfair competition laws, except for any content from others that we are lawfully permitted to use. You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational, and educational use only while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.
You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent, or license any part of the Content in any way to anyone, without our prior written consent. Any trademarks, service marks, logos, or information associated with a third party may be the property of that third party provider, and you should consult their guidelines for use. You agree to abide by the copyright, trademark laws, and intellectual property rights and shall be solely responsible for any violations of these Terms of Use.
USER CONTENT AND LAWFUL USE OF THE WEBSITE
For any Content or information that you upload, display, post, transmit, send, email, or submit to us on the website or any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us.
You grant us and/or our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our website and any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademarks, or other proprietary rights of any Content or information that you provide to us.
You agree not to upload, display, post, transmit, distribute, send, email, or submit to us on the website or any of our social media sites any information or Content that is:
(a) illegal, violates or infringes upon the rights of others,
(b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening,
(c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,
(d) distribute material including but not limited to spyware, computer viruses, any kind of malicious computer software, or any other harmful information that is actionable by law,
(e) any attempts to gain unauthorized access to any portion or feature of the website, and
(f) send unsolicited or unauthorized material or disrupt the operation of the website. You agree to use the website for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in these Terms of Use.
We reserve the right to terminate this Terms of Use agreement and/or any subscription, effective immediately upon notice to you, if we at our discretion determine you are in material breach hereof. This includes without limitation any determination that you have misappropriated the intellectual property rights of any third party, made threatening or harassing statements in violation of this agreement, or otherwise caused any violation of law.
THIRD-PARTY LINKS
Although the website may allow you to access or use third-party links, these are not services under this agreement and are expressly not warranted. The availability of any third-party links does not imply endorsement, control, or any affiliation with any third party provider.
The website may contain links to third-party websites or resources for your convenience. We may serve as an affiliate for some of these third-party websites by offering or advertising their products or services on the website; however, we do not own or control these third-party websites. Once you click on a third-party link and leave this website, you are no longer bound by our Terms of Use.
You agree that we are not responsible or liable for the accuracy, content, or any information presented on these third-party websites. You assume all risks for using these third-party websites or resources and any transactions between you and these third-party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third-party websites or resources.
YOUR USE OF THIRD PARTY LINKS OR OFFERS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY SUCH THIRD PARTY TERMS, CONDITIONS, POLICIES, OR REGULATIONS APPLICABLE THERETO.
TERMINATION
We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke, and terminate your use of our website including any or all Content published by you or us at any time for any reason, without notice.
LIMITATION OF LIABILITY
You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners, or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.
You expressly agree that your use of the website is at your sole risk and discretion and that you are solely responsible to determine the accuracy of the personal, business and/or any information you obtain, the outcome of your actions in seeking beauty and/or aesthetic advice, personal and/or business results, and for all other use in connection with the website.
You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners, agents, contractors, or anyone else working with us shall not be liable to you for any damages resulting from
1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation of and/or your use of the website, website attacks including computer virus, hacking of information, and any other system failures;
2) any pecuniary or other loss to you of income, use, data, revenue, profits, business or any goodwill related to the website;
3) any theft, breach, incident, or unauthorized access by a third party of your data or information from the website regardless of our negligence;
4) any use or misuse of the information, products and/or services offered here;
5) any misrepresentation or inaccuracy of data provided to the website by third parties; and
6) any tortious claim(s) based upon communications by any third party disseminated through the website.
You understand and expressly agree that by using the website, you will abstain from harassment, slander, defamation, and/or dissemination of any information about any third party user or service provider associated with the website that is inaccurate or untrue.
You understand and agree that we have no obligation, duty, or reason to control or influence the pricing, certification, compliance with state law(s), or payment method(s) of any third-party information provider for the website. You understand and agree that such information, to the extent provided, is not certified or authenticated by us and we are solely a repository for dissemination of the information provided by other parties. The website is for informational purposes only.
You understand and expressly agree that, to the extent the website may from time to time include information tangential to, located with, or related to any medical service and/or medical service provider, we do not in any way control, promote, endorse, prescribe, treat, consult, or suggest any medical procedure or opinion. We do not operate under the auspices of the Texas Medical Board and are not qualified to operate or employ healthcare and/or medical professionals.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort, or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you.
We reserve the right to discontinue any feature, components, or functionality of the website at any time. Notwithstanding the above, we have no obligation to update or enhance any services or produce or release new version(s) of any service.
INDEMNIFICATION
You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint venture partners, contractors, agents, and/or assigns, or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings, or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from
(a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives;
(b) all your actions and use of the website including purchasing products and services;
(c) violation of any laws, rules, regulations or ordinances by you; or
(d) violation of any Terms of Use of this website by you or anyone related to you;
(e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. The Company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability, or damage at your expense. You shall fully cooperate and assist us if requested, without any cost, to defend any such claims.
WAIVER OF CLASS ACTIONS
You agree that any dispute arising from or related to this Agreement will be resolved solely between you and the Company. You waive your right to bring a class action against us and agree not to bring claims against us as a member of a class or as a representative.
ENTIRE AGREEMENT
These Terms of Use along with our Privacy Policy and Disclaimer constitute the entire agreement between you and us for this website. It supersedes all prior or contemporaneous communications, discussions, negotiations, or proposals we may have had with you whether electronic, oral, or written.
A printed version of this entire agreement including the Privacy Policy and Disclaimer and any notice given in electronic form shall be admissible in judicial or administrative proceedings concerning this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.
SEVERABILITY
If any provision in these Terms of Use is deemed by a court, regulatory authority, or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.
MODIFICATIONS
Company reserves the right, in its sole discretion and without notice, to
(a) revise these Terms of Use;
(b) modify the website and/or any services or products it offers; and
(c) discontinue the website and/or products or services at any time. Any changes to these terms will take effect immediately. You agree to review these Terms of Use and any other online policies posted on the website regularly to be aware of any changes. You agree to be bound by the revision if you continue to use or access the website after these modifications.
ACKNOWLEDGEMENT
By using any of our products, or services or accessing the site, you acknowledge that you have read and agree to be bound by these Terms of Use.
ASSIGNMENT
You may not assign, delegate, or transfer this agreement in whole or in part, without our prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under this agreement without restriction.
FORCE MAJEURE
We reserve the right to suspend any Services in connection with any force majeure event, including without limitation the implementation of malware or similar malicious software on our servers affecting website usage. Neither party will be liable for any failure or delay in performance under this agreement for causes beyond that party’s reasonable control and occurring without that party’s fault or negligence, including but not limited to, acts of God, acts of government, flood, fire, civil unrest, pandemic, acts of terror, labor strikes, computer attacks, or other telecommunications disruptions.
CONTACT
For any questions, and to provide written notice as provided herein, please contact us at support@themonarchlist.com.