Monarch Environmental, Inc. Terms of Service
Welcome to Monarch Environmental, Inc.!
Notice of Disclaimer:
Scorecard data provided by Monarch Environmental, Inc. is based on data recorded at the time of inspection. Monarch Environmental, Inc. is not responsible for discovery or identification of risks observed or recorded before, during and after field data was recorded. Records may not remain accurate after assessment due to variable deterioration of assessment material. These scorecards are in no way intended to be a hazard report of any kind. The scorecards represent a cursory review of the maintenance practices as compared to best practices and the agreed upon details of the landscape specification signed by the landscape contractor.
1. Your relationship with Monarch Environmental, Inc.
1.1 Your use of Monarch Environmental, Inc.’s products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by Monarch Environmental, Inc. under a separate written agreement) is subject to the terms of a legal agreement between you and Monarch Environmental, Inc.. “Monarch Environmental, Inc.” means Monarch Environmental, Inc., whose principal place of business is at 34237 Via Santa Rosa, Capistrano Beach, Ca. 92624 United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Monarch Environmental, Inc., your agreement with Monarch Environmental, Inc. will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms.”
1.3 Your agreement with Monarch Environmental, Inc. will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms.” Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Monarch Environmental, Inc. in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms.”
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Monarch Environmental, Inc. in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Monarch Environmental, Inc. will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Monarch Environmental, Inc., or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
2.5 Monarch Environmental, Inc. exclusively owns all information in the web site.
3. Language of the Terms
3.1 Where Monarch Environmental, Inc. has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Monarch Environmental, Inc..
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by Monarch Environmental, Inc.
4.1 Monarch Environmental, Inc. is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Monarch Environmental, Inc. provides may change from time to time without prior notice to you.
4.2 As part of this continuing innovation, you acknowledge and agree that Monarch Environmental, Inc. may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Monarch Environmental, Inc.’s sole discretion, without prior notice to you.
4.3 You acknowledge and agree that if Monarch Environmental, Inc. disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.4 You acknowledge and agree that while Monarch Environmental, Inc. may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Monarch Environmental, Inc. at any time, at Monarch Environmental, Inc.’s discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Monarch Environmental, Inc. will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Monarch Environmental, Inc., unless you have been specifically allowed to do so in a separate agreement with Monarch Environmental, Inc.. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Monarch Environmental, Inc., you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that Monarch Environmental, Inc. has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Monarch Environmental, Inc. may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Monarch Environmental, Inc. for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Monarch Environmental, Inc. immediately at email@example.com
7. Content in the Services
7.1 You understand that all information (such as data files, written text, computer software, or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole ownership of Monarch Environental, Inc. All such information is referred to below as the “Content.”
7.2 You should be aware that Content presented to you as part of the Services, including but not limited to services are proprietary information of Monarch Environmental, Inc. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically written that you may do so by Monarch Environmental, Inc. in a separate agreement.
8. Proprietary rights
8.1 You acknowledge and agree that Monarch Environmental, Inc. (or Monarch Environmental, Inc.’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is confidential by Monarch Environmental, Inc. and that you shall not disclose such information without Monarch Environmental, Inc.’s prior written consent.
8.2 Unless you have agreed otherwise in writing with Monarch Environmental, Inc., nothing in the Terms gives you a right to use any of Monarch Environmental, Inc.’s trade names, trade marks, service marks, logos, score card criteria, and other distinctive brand features.
8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Monarch Environmental, Inc., then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Monarch Environmental, Inc.’s brand feature use guidelines as updated from time to time.
8.4 Unless you have been expressly authorized to do so in writing by Monarch Environmental, Inc., you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
9. License from Monarch Environmental, Inc.
9.1 Monarch Environmental, Inc. gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Monarch Environmental, Inc. as part of the Services as provided to you by Monarch Environmental, Inc. (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Monarch Environmental, Inc., in the manner permitted by the Terms.
9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Monarch Environmental, Inc., in writing.
9.3 Unless Monarch Environmental, Inc. has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
10. EXCLUSION OF WARRANTIES
10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
10.2 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MONARCH ENVIRONMENTAL, INC. OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
10.4 MONARCH ENVIRONMENTAL, INC. FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
11. LIMITATION OF LIABILITY
11.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 10.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MONARCH ENVIRONMENTAL, INC., ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH MONARCH ENVIRONMENTAL, INC. MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE MONARCH ENVIRONMENTAL, INC. WITH ACCURATE ACCOUNT INFORMATION;
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
11.2 THE LIMITATIONS ON MONARCH ENVIRONMENTAL, INC.’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT MONARCH ENVIRONMENTAL, INC. HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
12. Other content
12.1 The Services may include hyperlinks to other web sites or content or resources. Monarch Environmental, Inc. may have no control over any web sites or resources which are provided by companies or persons other than Monarch Environmental, Inc..
12.2 You acknowledge and agree that Monarch Environmental, Inc. is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
12.3 You acknowledge and agree that Monarch Environmental, Inc. is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
13. Changes to the Terms
13.1 Monarch Environmental, Inc. may make changes to the Universal Terms or Additional Terms from time to time.
13.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Monarch Environmental, Inc. will treat your use as acceptance of the updated Universal Terms or Additional Terms.
14. General legal terms
14.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
14.2 The Terms constitute the whole legal agreement between you and Monarch Environmental, Inc. and govern your use of the Services (but excluding any services which Monarch Environmental, Inc. may provide to you under a separate written agreement), and completely replace any prior agreements between you and Monarch Environmental, Inc. in relation to the Services.
14.3 You agree that Monarch Environmental, Inc. may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
14.4 You agree that if Monarch Environmental, Inc. does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Monarch Environmental, Inc. has the benefit of under any applicable law), this will not be taken to be a formal waiver of Monarch Environmental, Inc.’s rights and that those rights or remedies will still be available to Monarch Environmental, Inc..
14.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
14.6 You acknowledge and agree that each member of the group of companies of which Monarch Environmental, Inc. is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
14.7 The Terms, and your relationship with Monarch Environmental, Inc. under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Monarch Environmental, Inc. agree to submit to the exclusive jurisdiction of the courts located within the county of Orange, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Monarch Environmental, Inc.’shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.