YOUR USE OF WWW.MONICO.COM ("WEBSITE") IS SUBJECT TO THESE TERMS AND CONDITIONS.
These Terms and Conditions of Use ("Agreement") constitute a legally binding agreement between the User and the Provider.
Article 1. Definitions
"Access to the Website" or "access" means entering, exiting, communicating with, viewing or making use of any portion of the Website and/or information on the Website by any means.
"Effective Date" means the date that this Agreement shall be effective. The effective date shall be the date that you the User first access the Website. All obligations of Provider are subject to and limited by this Agreement.
"MONICO" means MONICO MONITORING, INC., a Texas corporation, and any parents, subsidiaries, affiliates, officers, members, directors, managers, employees, agents, attorneys, and/or suppliers of MONICO MONITORING, INC.
"MONICO Information" means the information provided on the Website and the documents emailed to you and other users and the process for delivering the Services and any intellectual property of MONICO.
"Provider" means MONICO MONITORING, INC.
"Services" and "MONICO Services" means all services and products provided by Provider, including, but not limited to, developing both software and hardware for monitoring and installing such software and hardware and servicing such software and hardware. Provider reserves the right to revise, modify, alter, discontinue, add or otherwise change the Services at any time without notice. Where applicable, Services includes, but is not limited to, those services and products of Provider posted on the Website.
"Trademark" means both trademark and service mark as applicable.
"User" means you and includes any natural or legal person who accesses the Website for any purpose.
"Website" means www.monico.com and all of its web pages or other objects with the common domain name of "monico.com." The Website is owned and operated by Provider.
"You" and "your" mean the User.
Article 2: General
This Agreement applies only to your use of the Website. All Services of Provider are provided subject to a separate contract and the Website and any representations on the Webs.
Article 3. Your Representations and Warranties and Agreements
To induce Provider to provide you access to the Website, you represent and warrant to Provider that:
(a) You are over the age of eighteen (18) years and have the power and authority to enter into and perform your obligations under this Agreement.
(b) You will comply with all the terms and conditions of this Agreement, including, without limitation, the terms incorporated by reference herein, if any.
(c) If information is requested from you to access any portion of the Website, you have provided, and will continue to provide, accurate and complete registration information and all other information requested by Provider, including, without limitation, your legal name, email address, postal address and place of residence and all information as may reasonably be requested or required from time to time by Provider.
(d) If you are required to provide a user name or password to access any portion of the Website, you will not permit anyone else to use your user Name or password, provide to anyone else your user name or password, or permit anyone else to access the Website using your user name and/or password. You will be solely responsible and liable for all activities conducted through using your user name even if such activities were to occur without your permission. You agree to keep your password confidential and not to give it to any third party.
(e) You will not copy, modify, adapt, reproduce, translate, reverse engineer, decompile, disassemble, license, upload, assign, retransmit, redistribute, display, post or create derivative works from any part of the MONICO Information. All forms of sub-licensing, republication or other forms of distribution, including internet posting, electronic mailing, faxing, archiving in a public database, redistributing via a computer network, or in a printed form, to third parties of any MONICO Information are strictly prohibited.
(g) You will only use the access to the Website lawful purposes.
(h) You will comply with all applicable laws, including those regarding the export of data and all laws, rules and regulations.
(i) You understand that this Agreement is a legally binding agreement; you have had the opportunity to consult with an attorney of your choice concerning your legal rights and obligations under this Agreement; and, you enter into this Agreement freely and voluntarily with full knowledge of your legal rights and obligations under this Agreement.
(j) You agree that any correspondence to you, including e-mails, have been requested by you and Provider is authorized to send them to you.
Article 4. Promotional Offers
Provider may from time to time, in its sole discretion, make special promotional offers for which specific conditions shall apply. You will not be eligible for those offers unless Provider specifically notifies you that you may be eligible for the offer.
Article 5. Access and Accessibility
Provider shall work hard to provide accessibility to the Website 24 hours a day, 7 days a week. However, Provider uses or may use from time to time third-party servers and makes no guarantee whatsoever that the Website shall be accessible. The Website may not be available or the Website may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs Provider or any third-party may undertake from time to time; or (iii) causes beyond the control of Provider or which are not reasonably foreseeable by Provider.
Provider, without notice to you, reserves the right to change, suspend, or discontinue its Website at any time, including the availability of any feature. Provider may, without notice or liability to you, also impose limits on certain features and restrict your access to parts of the Website.
If you contract Provider through the Website, Provider is not responsible for non-delivery of your email.
Article 6. Security
You agree that you are aware that the Internet and any information sent via the Internet may be subject to hacking, malware, spyware, malicious code, worms, time bombs, viruses, and other risks (collectively, "Internet Risks") which could damage, destroy or alter your computer and the software thereon. You agree that it is your responsibility, and not Provider's, to protect your computer and the information stored thereon from all Internet Risks. Although Provider will take reasonable steps to attempt to prevent such from occurring, you agree that Provider shall not be responsible for, and shall have no liability for, any damage to you or your computer or your information as the result of Internet Risks or any other cause or effect resulting from your use of the Internet.
You agree not to transmit any Internet Risks to Provider and to notify Provider promptly if your computer is harmed by Internet Risks that you know or reasonably suspect resulted from communication related to Provider.
You agree not to, nor allow others to, directly or indirectly, attempt or actually disrupt, impair or interfere with, alter or modify this Web site or any content herein. You agree not to, nor allow others to, directly, or indirectly, collect or attempt to collect any information about others including e-mail addresses, names, and other information.
Article 7. Privacy
(a) Identified categories of personally identifiable information collected about you;
(b) Disclosed the categories of third-party persons or entities with whom the personally identifiable information may be shared;
(c) Disclosed and explained any existing process that allows you to review and request changes to the personally identifiable information that has been collected about you;
Article 8. Liability and Indemnification
The quality, accuracy, completeness, timeliness, uninterrupted delivery, or usefulness of any information provided by MONICO is not guaranteed. Provider cannot guarantee that its Website will always function; there will be disruptions, delay or other imperfections in the Website. Such disruptions can the result of many things, including, the failure of third parties and their services and equipment used to provide the Website, power outages, and Internet service disruption. From time to time, for a number of reasons, including those within and without the control of Provider, the Website may be restricted, limited, suspended, interfered with and/or interrupted.
YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND GROSS NEGLIGENCE, SHALL MONICO BE LIABLE FOR ANY CLAIMS, CAUSES OF ACTION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR OTHER TYPES OF DAMAGES, INCLUDING LOSS OF PROFITS OR LOSS OF DATA OR INFORMATION OR BUSINESS INTERRUPTION OR LOSS OF PRIVACY, THAT RESULT IN ANY WAY FROM (A) THE USE, RELIANCE, OR DOWNLOADING OF, OR (B) DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OR OMISSIONS IN, OR (C) ANY MATERIALS SUPPLIED BY MONICO PURSUANT TO A REQUEST BY USER. YOU HEREBY WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION. THE LIMITATIONS HEREIN APPLY EVEN IF MONICO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You specifically acknowledge and agree that MONICO is not liable for any conduct of any third party user or provider.
You agree to indemnify and hold harmless MONICO from and against any and all claims, causes of action, liabilities, expenses (including attorneys' fees) and damages arising out of claims related to or arising out of or connected with or resulting from (1) your use or misuse of any of the information obtained from MONICO or materials uploaded or downloaded or transmitted by MONICO; and/or (2) any claims alleging facts that if true would constitute a breach by you of any of these terms and conditions or the terms and conditions referenced herein or on the Website; and/or (3) claims made by any third party due to or arising out of your access to the Website; (4) the infringement by you, or any third party using any intellectual property or other right of any person or entity; and/or (5) your use of your user name and/or password, if any.
You agree that your sole and exclusive remedy against MONICO is to discontinue accessing the website. Under no circumstances will MONICO be liable to any user or web site visitor for any damage. In the event that this provision is not enforceable, MONICO's liability shall be limited to the actual amount received by Provider from the User.
If the applicable law of your jurisdiction does not allow some of the exclusions or limitations set out above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable law.
Article 9. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE ACCESS TO THE WEBSITE AND THE INFORMATION PROVIDED BY MONICO, INCLUDING ANY THIRD-PARTY INFORMATION, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OF THE INFORMATION OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MONICO SERVICES OR INFORMATION , OR FROM ACCESSING AND USING THE MONICO WEBSITE AND YOU AGREE THAT MONICO SHALL NOT BE RESPONSIBLE THEREFOR. YOU UNDERSTAND THAT THE SERVICES AND PRICES OF PROVIDER ARE SUBJECT TO CHANGE WITHOUT NOTICE.
ALL MATERIALS AND SERVICES FROM A THIRD PARTY THAT ARE PROVIDED BY ANY THIRD PARTY, OR THIRD-PARTY SITES TO WHICH IT LINKS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
PROVIDER DOES NOT WARRANT THAT THE MONICO INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY E-MAIL FROM MONICO, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU AGREE THAT PROVIDER MAY AT ANY TIME MAKE IMPROVEMENTS, MODIFICATIONS, AND/OR CHANGES TO THE WEBSITE AND ANY CHANGES TO THESE TERMS AND CONDITIONS AS PROVIDED FOR IN THIS AGREEMENT.
THIS DISCLAIMER BY PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND ALL REPRESENTATIONS TO THE FULLEST EXTENT ALLOWED BY LAW. IF ANY PORTION OF THESE DISCLAIMERS IS NOT APPLICABLE TO YOU AS A RESULT OF THE APPLICATION OF YOUR STATE LAW TO THIS AGREEMENT OR THESE DISCLAIMERS, YOU AGREE THAT THE DISCLAIMERS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY YOUR STATE LAW AND SHALL BE MODIFIED TO PROVIDE THE MAXIMUM DISCLAIMER POSSIBLE UNDER SUCH LAW.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES WITH RESPECT TO THIS AGREEMENT. MONICO SHALL NOT HAVE ANY LIABILITY WHATSOEVER NEITHER FOR ANY COVER OR SETOFF NOR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY TO YOU, IF ANY, OF MONICO, SHALL BE LIMITED TO THE AMOUNT ACTUALLY RECEIVED FROM YOU.
Article 10. Third-Party Content
Nothing in this Agreement shall constitute or imply a sale or transfer or conveyance or license of any rights of any third party.
Article 11. Intellectual Property
The process, method and means used by MONICO are the intellectual property of Provider. All content of the information of MONICO is copyrighted by MONICO or third-party content providers and are protected by United States and international copyright law including protection as a collective work and/or compilation. MONICO shall at all times be and remain the sole and exclusive owner of the MONICO intellectual property (except for third-party intellectual property and links) therein. MONICO is the sole and exclusive owner of all the rights, titles, and interests in MONICO's trademarks, copyright, trade names and other intellectual property rights. All materials displayed or provided to you by MONICO (including, but not limited to text, graphics, logos, articles, photographs, images, illustrations, audio clips and video clips, all or any of which are referred to herein as 'Content') are protected by copyright, and owned or controlled by MONICO or third parties. All rights reserved. MONICO, and other names of MONICO products and services referenced herein are trademarks of MONICO MONITORING, INC. You may not use, adopt or attempt to register anywhere in the world, whether alone or together with any other mark, symbol, or name, any MONICO trade name or mark or service name or mark that is similar or confusingly similar to the MONICO trademarks. All other trademarks, brands, and names are the property of their respective owners.
The third-party trademarks or service marks appearing on this web site are the property of their respective owners.
You agree that you will abide by all copyright notices, information, and restrictions contained in any Content you receive or access. You agree that you will not copy, modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, translate, reverse engineer, decompile, disassemble, license, sublicense, upload, assign, retransmit, redistribute or post any part of the MONICO services and/or information or in any way exploit, any of the Content, in whole or in part. You may download or copy the Content, and other items displayed on, or distributed by Provider for download, for personal use only, provided that you do not violate the copyright notices of third parties and provided that you maintain all copyright and other notices contained in such Content. You will not store any significant portion of any Content in any form. All forms of sub-licensing, reselling, republication or other forms of distribution, including internet posting, electronic mailing, faxing, archiving in a public database, redistributing via a computer network, or in a printed form, to third parties of any information of MONICO are strictly prohibited.
You may use MONICO information for your own personal, non-commercial use. Any other use is strictly prohibited unless prior written permission has been obtained from Provider. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from MONICO or from the copyright holder thereof. The right to use any Content is not transferable to any other person or entity. You agree that you will not take any information out of context or in an unfair, misleading or discriminatory manner.
You agree that you will make no claim on or use any of the intellectual property of MONICO or any third party.
Article 12. Modification and Amendment
All amendments and changes to this Agreement must be in writing and properly posted to the Website by the Provider. This provision cannot be waived.
Article 13. Arbitration Agreement
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court in Harris County, Texas having jurisdiction thereof. The parties agree that a single arbitrator shall be agreed to by the parties. If the parties do not agree to a single arbitrator within 30 days of the initial request for arbitration, the parties authorize the American Arbitration Association to appoint a single arbitrator. The place of arbitration shall be Houston, Harris County, Texas. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, provided, however, where this Agreement provides for the recovery of attorney's fees, the arbitrator shall award such attorney's fees. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
MONICO shall have the right to pursue relief, including self-help and injunctive relief, without participating in arbitration, in claims involving the unauthorized use or disclosure or violations of the confidentiality of the information or intellectual property of MONICO.
Article 14. Miscellaneous
(a) Except where otherwise required by law, this Agreement shall be governed by the laws of the State of Texas and the United States of America without reference to conflicts of laws. Conflict of laws provisions shall be construed as to make the laws of the State of Texas applicable hereto and Harris County, Texas, as the venue of any dispute. Any action to enforce this agreement shall be brought in the federal or state courts located in Harris County, Texas.
(b) The failure or delay in exercising or enforcing any right or remedy hereunder by Provider shall not constitute a waiver of any right or remedy, or future exercise thereof.
(c) If any provision of this Agreement is determined to be unlawful, invalid or unenforceable under any applicable statute or rule of law, it is, to the extent of such provision, to be deemed omitted and shall not affect the validity and enforceability of the remaining provisions and the balance of the Agreement shall remain enforceable.
(d) Neither the course of conduct between parties nor trade practice shall act to modify any provision of this agreement.
(e) The respective rights and obligations of the parties under the Disclaimer, Indemnity, Intellectual Property, and Arbitration provisions, and other specific survival provisions of this Agreement shall survive the termination or expiration of this Agreement.
(f) The parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.
(g) Provider reserves the right to make any and all changes to the MONICO services and information at its sole discretion without notice to the User. Provider reserves the right to deny access to the MONICO services to anyone at any time.
(h) This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the MONICO information; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
(i) Neither party shall be in default or otherwise liable for any delay in or failure of performance under this Agreement if such delay or failure arises by any reason beyond its reasonable control, including Acts of God, acts of an enemy, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in communication or transportation, or any act or failure to act by the other party provided, however, lack of funds and/or non-payment by a party shall be deemed to be beyond that party's control.
(j) This Agreement is void where prohibited by law, and the right to access is considered revoked in such jurisdictions.
(k) The language of this Agreement is English. If this Agreement is translated into any other language, the original English shall control.
(l) This Agreement may be assigned, in whole or in part, by Provider. You cannot assign this Agreement or any of your rights under this Agreement.
© Copyright by MONICO MONITORING, INC., 2014
- Monico, Inc. is not associated with or sponsored by Caterpillar® or Caterpillar® subsidiary Perkins, Cummins, John Deere, Kohler, or MTU.
- Cat® and Caterpillar® are registered trademarks of Caterpillar Inc.
- Cummins®, Onan®, and the "C" logo are registered tradmarks of Cummins, Inc.
- John Deere's greena nd yellow color scheme, the leaping deer symbol, and John Deere are trademarks of Deere & Company.
- Kohler® is a regstered tradmark of Kohler Co.
- MTU and the MTU logo are Copyrighted with All Rights Reserved by Rolls-Royce Power Systems AG.
Other trademarks and service marks are trademarks and service marks of their respective owners.