Skip links
Get the app
MonoBoost: Meet the Mono way to Boost your funds

Terms of Use

Effective Date: March 01, 2023

IMPORTANT NOTICES

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR SITES, APPS, AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, PRIVACY POLICY, AND ALL OTHER TERMS INCORPORATED BY REFERENCE (IF ANY). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SITES, APPS OR SERVICES.

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION IN SECTION 13 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

IF YOU BECOME A MONOBOOST MEMBER AND PAY BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD ASSOCIATED WITH AN AUTOMATICALLY RENEWING SUBSCRIPTION), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR CERTAIN PERIODS OF TIME IF YOU DO NOT CANCEL PRIOR TO THE END OF THE TERM. SEE SECTIONS 6 AND 8 FOR MORE INFORMATION ON THE AUTOMATIC RENEWAL TERMS APPLICABLE TO SUBSCRIPTIONS.

 

NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR

NEITHER MONOBOOST NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. MONOBOOST ISN’T A FINANCIAL PLANNER, BROKER OR TAX ADVISOR.

THE SERVICE ARE INTENDED ONLY TO ASSIST YOU IN YOUR FINANCIAL ORGANIZATION AND DECISION-MAKING AND IS BROAD IN SCOPE. YOUR PERSONAL FINANCIAL SITUATION IS UNIQUE, AND ANY INFORMATION AND ADVICE OBTAINED THROUGH THE SERVICE MAY NOT BE APPROPRIATE FOR YOUR SITUATION. ACCORDINGLY, BEFORE MAKING ANY FINAL DECISIONS OR IMPLEMENTING ANY FINANCIAL STRATEGY, YOU SHOULD CONSIDER OBTAINING ADDITIONAL INFORMATION AND ADVICE FROM YOUR ACCOUNTANT OR OTHER FINANCIAL ADVISERS WHO ARE FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES.

1. ACCEPTANCE OF AGREEMENT

  1. These Terms of Use (the “Agreement”) constitute a legal agreement that governs the relationship with users and others who interact with MNBoost Corp., postal address: 400 S. 4th Street Suite 500, Las Vegas Nevada, 89101, United States of America and our subsidiaries and affiliates (“Monoboost,” “we,” or “us”) in connection with the use of https://mnboost.com and/or other websites (the “Sites”), and/or Monoboost mobile application (the “App”, “Application”) and our Service (as defined below). Monoboost may make services, products and features available through our Sites, applications including Mobile Software (as defined in Section 10) and other downloadable products (the Sites, the applications, the downloadable products, and all products, services, and features provided by Monoboost in connection, including without limitation interfaces of the Service whether in whole or in part (therewith shall be referred to collectively as, the “Service”). Monoboost may offer additional services or products or modify or revise any part of the Service at our discretion, and this Agreement will apply to all additional services or products and all modified or revised Service unless otherwise indicated. Monoboost also reserves the right to cease offering any part of the Service. You agree that Monoboost shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any part of the Service.
  2. Your use of certain parts of the Service may be subject to additional terms and conditions (if any), and such terms and conditions will be either listed in this Agreement, or will be presented or accessible to you by Monoboost when you sign up to use, or use, such Service (“Additional Terms”). All such Additional Terms are incorporated by reference into this Agreement unless otherwise indicated.
  3. All visitors to or users of the Service, whether registered or not, are “users” of the Service for purposes of this Agreement. If you register for the Service by creating an account (profile), you become a “Member.”
  1. ‍By accepting these Terms of Service, you consent to Monoboost disclosure of your personal information (including your Payment Account information) to your billers (if any) or other third parties for the following purposes:

 

  • As necessary to allow your biller to collect payments from you;
  • As necessary to resolve a problem related to a payment;
  • To verify the validity of your Payment Account;
  • To verify the validity of your credit or debit card;
  • To comply with government agency or court orders;
  • To our affiliates, as permitted by law to verify your identify for purposes of compliance with applicable laws including, without limitation, the USA PATRIOT Act;
  • To comply with inquires in connection with fraud prevention or any investigation;
  • For our general internal business purposes including, without limitation data analysis and audits, as otherwise permitted by the terms of our Privacy Policy;

2. CHANGES TO AGREEMENT

  1. THIS AGREEMENT AND ANY POLICY OR GUIDELINE OF THE SERVICE MAY BE MODIFIED BY MONOBOOST IN ITS SOLE DISCRETION AT ANY TIME. Monoboost shall provide notice of any such modification by posting the revised Agreement to the Sites.
  2. We indicate at the top of the page when this Agreement was last updated. If you are a non-subscribing user or a Member at the time of any modification, unless otherwise indicated, any changes or modifications will be effective immediately upon posting the revisions to the Sites, and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a Subscriber at the time of any change or modification, unless otherwise indicated, this Agreement will continue to govern your membership until such time that your subscription renews as contemplated by Section 8 any downloadable Service are updated (depending on which event is closer in time). If you continue your subscription or your device updates the Service that will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription or remove the Service off your device at such time, your use of the Service after your termination or new setting up of the Service will constitute acceptance by you of the revised Agreement.
  3. You should frequently review this Agreement and all applicable terms and policies to understand the terms that apply to your use of the Service. If you do not agree to the amended terms, you must stop using the Service.

3. ELECTRONIC RECORDS

  1. Because the Service is provided electronically, you must consent to Monoboost’s providing important information electronically if you wish to use the Service. You consent to being provided with this Agreement, notices, disclosures, information, policies and other materials in electronic form (collectively, “Electronic Records”), rather than in paper form in accordance with The Electronic Signatures in Global and National Commerce Act. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that Monoboost may be required to provide to you.
  2. Electronic Records will be provided on our Sites, in applications or sent to the email address or phone number associated with your profile or otherwise rendered to you. If you have any trouble printing out, downloading, and/or accessing any Electronic Records, you may contact us in writing at the address provided above.
  3. You may withdraw your consent to receive Electronic Records by contacting us in writing at the address provided above. However, the Service provided by Monoboost is only available if you agree to receive Electronic Records, and you understand that withdrawing such consent will result in your account being deactivated. You can obtain a paper copy of an Electronic Record by contacting us in writing at the address provided above, provided that Monoboost may charge a reasonable fee to cover the costs of printing and sending the requested Electronic Record.

4. USERS PRIVACY

A User’s personal information shall be handled and protected in accordance with relevant laws and regulations and the Monoboost privacy policy

5. ELIGIBILITY

  1. Age Restrictions. No part of the Service is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By using the Service, you represent and warrant you are at least 18 years of age. If you are under 18 years of age, then you are not permitted to use the Service.
  2. YOU AGREE THAT MONOBOOST IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER AND IS NOT LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE.
  3. Accessing and/or using the Service is void where prohibited by applicable law of your location. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If any such representations or warranties turn out to be false or misleading in any way, your membership will be terminated immediately without refund of any unused or used funds in your account.

6. USE OF SERVICE

  1. The use of Services is personal and cannot be transferred by you to any other person (as well as legal entity). You are only entitled to use the App and Site for lawful purposes. It is strictly forbidden to misrepresent your registration information and Account Information.
  2. YOU REPRESENT AND WARRANT THAT AT ALL TIME YOU WILL KEEP YOUR INFORMATION TRUE, ACCURATE AND UP-TO-DATE, AS WELL AS UPDATE IT IN CASE OF ANY CHANGES IN A TIMELY MANNER. If you don’t do this, the accuracy and effectiveness of the Services will be affected. You represent that you’re a legal owner of, and that you’re authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.
  3. MONOBOOST MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

7. RIGHTS YOU GRANT TO US

  1. By submitting information, data, passwords, usernames, PINs, credentials, other log-in information, materials and other content to Monoboost through the Services, you’re expressly directing us to use that content, and licensing that content to Monoboost for the purpose of providing the Services. Monoboost may use and store the content in accordance with this Agreement and our Privacy Policy.
  2. You represent that you’re entitled and authorized to disclose and submit that content to Monoboost for use for this purpose, without any obligation by Monoboost to pay any fees or be subject to any restrictions or limitations. By using the Services, you expressly authorize Monoboost to access your Account Information maintained by identified third parties, on your behalf as your agent.
  3. When you use the “Add Accounts” feature of the Services, you’ll be directly connected to the website for the third party you’ve identified. Monoboost will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit Monoboost to use and store information submitted by you to accomplish the foregoing, and to configure the Services so that it’s compatible with the third-party sites for which you submit your information.
  4. For purposes of this Agreement, and solely to provide the Account Information to you as part of the Service, you grant Monoboost a limited power of attorney, and appoint Monoboost as your attorney-in-fact and agent, to access third-party sites, retrieve and use your information with the full power and authority to do so, and perform each thing necessary in connection with such activities, as you could do in person.
  5. YOU ACKNOWLEDGE AND AGREE THAT WHEN MONOBOOST IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY SITES, MONOBOOST IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE.
  6. You understand and agree that the Services aren’t sponsored or endorsed by any third parties accessible through the Services. Monoboost isn’t responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.

8. PAID SERVICE

  1. If you purchase any functionality of the Service that we may, from time to time, offer for a fee (the “Paid Service”), including but not limited to, a paid subscription to our Service or any paid in-Service features (if any), you authorize Monoboost and our designated payment processors to store your payment information and other related information. You also agree to pay the applicable fees for the Paid Service (including without limitation periodic fees for ongoing subscriptions (the “Subscription Fees”) as set forth on the Service) as they become due plus all related taxes (including without limitation sales and use taxes, duties or other governmental taxes or fees), and to reimburse us for all collection costs and interest for any overdue amounts. All fees and charges are nonrefundable and there are no refunds or credits for any partially used Paid Service (including partially used subscription periods) except (i) as expressly set forth in this Agreement, (ii) as otherwise required by applicable law and (iii) at Monoboost’s sole and absolute discretion. You can also find more relevant information on our refund approaches toward some types of the Paid Services within respective Sections hereof. Fees for the Paid Service may be payable in advance, in arrears, per usage or as otherwise described when you purchase the Paid Service. All prices for the Paid Service are subject to change without notice (except as otherwise described in this Section 8).
  2. The Paid Service may also be purchased through your accounts with certain third parties, such as your Apple iTunes / Apple store accounts, your Google Play account or your Amazon account (a “Third Party Account”). If you purchase any Paid Service through a Third Party Account, billing for these Paid Service will appear through your Third Party Account. You should review the Third Party Account’s terms and conditions, which we do not control.
  3. Automatic Renewal of Subscriptions. IF YOU PAY FOR A SUBSCRIPTION BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD IDENTIFIED ON OUR SERVICE OR A SOCIAL NETWORKING SITE AS INVOLVING AN AUTOMATICALLY RENEWING SUBSCRIPTION) AND YOU DO NOT CANCEL YOUR SUBSCRIPTION AS SET FORTH IN SECTION 8.4. BELOW PRIOR TO THE END OF THE SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED AT THE END OF EACH TERM FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED (FOR EXAMPLE, UNLESS YOU CANCEL, A ONE MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS). UNLESS OTHERWISE INDICATED IN ANY APPLICABLE ADDITIONAL TERMS OR COMMUNICATIONS WE SEND TO YOUR REGISTERED EMAIL ADDRESS, OR VIA IN-APP NOTIFICATION SUCH RENEWAL WILL BE AT THE SAME SUBSCRIPTION FEE AS WHEN YOU FIRST SUBSCRIBED, PLUS ANY APPLICABLE TAXES, UNLESS WE NOTIFY YOU AT LEAST 10 DAYS PRIOR TO THE END OF YOUR CURRENT TERM THAT THE SUBSCRIPTION FEE WILL INCREASE. YOU ACKNOWLEDGE AND AGREE THAT YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED FOR SUCH SUBSCRIPTION FEES, PLUS ANY APPLICABLE TAXES, UPON EACH SUCH AUTOMATIC RENEWAL. YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD, AS APPLICABLE) BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF THE APPLICABLE TAX RATES CHANGE OR IF YOU ARE NOTIFIED THAT THERE WILL BE AN INCREASE IN THE APPLICABLE SUBSCRIPTION FEES.
  4. Cancellation of Subscriptions. TO CHANGE OR CANCEL YOUR SUBSCRIPTION AT ANY TIME, OTHER THAN PURSUANT TO SECTION 16, FOLLOW THE INSTRUCTIONS ON YOUR PROFILE SETTINGS PAGE. IF YOU CANCEL YOUR SUBSCRIPTION, OTHER THAN PURSUANT TO SECTION 16, YOUR SUBSCRIPTION BENEFITS WILL CONTINUE UNTIL THE END OF YOUR THEN CURRENT SUBSCRIPTION TERM, BUT YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER THAT TERM EXPIRES. YOU WILL NOT BE ENTITLED TO A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR THE THEN CURRENT SUBSCRIPTION TERM, EXCEPT AS PROVIDED IN SECTION 16 OF THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAW.
  5. From time to time, we may offer free trials or other promotion. As an example, we may offer promotions that provide free subscriber-level access to the Service for a certain period of time. YOU MUST CANCEL YOUR SUBSCRIPTION (IN ACCORDANCE WITH SECTION 8 ABOVE) BEFORE THE END OF THE PROMOTION PERIOD IN ORDER TO AVOID BEING AUTOMATICALLY CHARGED FOR SUBSCRIPTION FEES.
  6. Current Information Required. You agree to provide current, complete and accurate billing information and agree to promptly update all such information (such as changes in billing address, credit card number or credit card expiration date) as necessary for the processing of all payments that are due to Monoboost. You agree to promptly notify Monoboost if your Payment Method is canceled (for example, due to loss or theft) or if you become aware of a potential breach of security related to your Payment Method. If you fail to provide any of the foregoing information, you acknowledge that your current Payment Method may continue to be charged for the Paid Service and you remain responsible for all such charges.
  7. Changes to the fee. You will be charged in accordance with the rules and regulations of the respective store from which the Application was downloaded. However, We and/or Third-Party Account provider, or respective agent of Monoboost reserve the right from time to time to change the fee for the paid services, if such is allowed according to the domestic laws, taking into the consideration our expenses related to the processing of your payments (for e.g. the services fee of the respective payment service providers), inflation, or other justifiable changes to the circumstances of our Services provision. We will notify you in advance about any such changes via in-app notification, or to your email. If you do not wish continue using the Application after the fee increase or you are not agreeing to the fee increase you can cancel your subscription in accordance with the clause 8.5. and Section 16 of this Agreement.
  8. Change in Amount Authorized. If the total amount to be charged varies from the amount you authorized when purchasing any Paid Service (other than due to the imposition or change in the amount of taxes, including without limitation sales and use taxes, duties or other governmental taxes or fees), Monoboost will provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. If you do not cancel your Paid Service before the increased price goes into effect, you agree to pay the increased price for the Paid Service. You agree that Monoboost may accumulate charges incurred and submit them as one or more aggregate charge during or at the end of each billing cycle. Monoboost, and/or Third-Party Account provider, or respective agent of Monoboost will inform you of any additional charges that are accumulated.
  9. Monoboost reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
  10. Monoboost reserves the right, at our complete discretion, to charge fees for the Services under a subscription model and/or on a per transaction basis. In some instances, third-party websites and applications that offer the Services may also charge service fees. The imposition of any per-transaction fees by Monoboost will be disclosed to you prior to any payment and will be clearly noted to you.

9. INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE

  1. Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, interface (including user and functional interface), images, text, graphics, designs, illustrations, Monoboost logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, information, data, other files and the arrangement thereof and User Content belonging to other users (the “Proprietary Materials”), and all intellectual property rights related thereto, are the exclusive property of Monoboost and its licensors (including other users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights of Monoboost.
  2. You are granted a limited, revocable, non-sublicensable worldwide license to access and use the Service, subject to the terms and conditions of this Agreement. You agree that you will not (i) copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Proprietary Materials or the Service or cause others to do so; (ii) “frame” or “mirror” any part of the Service, without our prior written authorization; (iii) use meta tags or code or other devices containing any reference to Monoboost or the Service in order to direct any person to any other website for any purpose; (iv) resell or make any commercial use of the Service; (v) use any data mining, robots, or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Service; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; (vii) use any automated methods or processes to create user accounts or access the Service or (viii) use the Proprietary Materials or the Service other than for their intended purpose. Any use of the Service or Proprietary Materials other than as expressly authorized herein, without the prior written consent of Monoboost, is strictly prohibited and will violate and terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Monoboost reserves all rights not expressly granted herein in the Service and the Proprietary Materials. This license is revocable at any time.
  3. You are hereby acknowledged that Monoboost is entitled to terminate or strike off the license to access and use the Service anytime and at its own discretion.

10. MOBILE SOFTWARE

  1. Mobile Software. We may make available software to access the Service via a mobile or tablet device (“Mobile Software”). To use the Mobile Software, you must have a device that is compatible with the Mobile Software. Monoboost does not warrant that the Mobile Software will be compatible with your device. Monoboost hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Monoboost account on one device owned or leased solely by you, for your personal use only. You acknowledge that Monoboost may from time-to-time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your device. You consent to such automatic upgrading on your device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Additional terms to those contained in this Section 10 may be contained in an End User License Agreement (if any) associated with any Mobile Software.
  2. Mobile Software from iTunes or the App Store. The following applies to any Mobile Software you acquire or download from the iTunes Store or the App Store provided by Apple (“Store-Sourced Software”):
    • you acknowledge and agree that this Agreement is solely between you and Monoboost, not Apple, and that Apple has no responsibility for the Store-Sourced Software or content thereof. Your use of the Store-Sourced Software must comply with the App Store Terms of Service;
    • you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Store-Sourced Software. In the event of any failure of the Store-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Store-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Store-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Monoboost;
    • you acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Store-Sourced Software or your possession and/or use of the Store-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Store-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Monoboost;
    • you acknowledge that, in the event of any third-party claim that the Store-Sourced Software or your possession and use of that Store-Sourced Software infringes that third party’s intellectual property rights, Monoboost, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement; and
    • you and Monoboost acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the Store-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Store-Sourced Software against you as a third-party beneficiary thereof. Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using Store-Sourced Software.
  1. No Support. This Agreement does not entitle you to receive from Monoboost, its licensors, or Apple, any hard-copy documentation, support, telephone assistance, maintenance, or enhancements or updates to the Mobile Software.
  2. Export Controls. The Mobile Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Mobile Software and/or supporting documentation, you are agreeing to the foregoing and you represent and warrant that you (a) are not located in, under the control of, or a national or resident of any such country or on any such list, (b) are not listed on any U.S. Government list of prohibited or restricted parties, and (c) you agree to comply with all United States and foreign laws related to use of the Mobile Software and other parts of the Service.
  3. Users Outside the U.S. If you are using the Mobile Software outside the U.S.A., then the following shall apply: (i) you confirm that this Agreement and all related documentation is and will be in the English language; (ii) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Mobile Software or any services accessed or used in connection with the Mobile Software, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.
  4. Injunctive Relief. You acknowledge and agree that your breach or threatened breach of this Section 10 shall cause Monoboost irreparable damage for which recovery of money damages would be inadequate and that Monoboost therefore may seek timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.

11. DISCLAIMERS

  1. MONOBOOST PROVIDES THE SITES, THE PROPRIETARY MATERIALS AND THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL PROPRIETARY MATERIALS AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
  2. MONOBOOST DOES NOT REPRESENT AND WARRANT THAT (A) YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, (B) ANY DEFECTS IN THE SERVICE WILL BE CORRECTED OR (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MONOBOOST DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE OR THE DELIVERY OF ANY MESSAGES.
  3. MONOBOOST DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS SUBSCRIBING TO OR USING THE SERVICE, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICE BY OTHER USERS OF THE COMMUNITY. THEREFORE, MONOBOOST DISCLAIMS ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
  4. MONOBOOST DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN MONOBOOST. UNDER NO CIRCUMSTANCES WILL MONOBOOST BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND RESULTING FROM ANY USER CONDUCT OR FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
  5. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES AND TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY

  1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MONOBOOST, ITS AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM MONOBOOST, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MONOBOOST’S RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL MONOBOOST’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE, EXCEED THE GREATER OF (1) THE AGGREGATE AMOUNT OF FEES FOR ANY PAID SERVICE PAID BY YOU DURING THE IMMEDIATELY PRECEDING SIX MONTHS OR (2) $100.
  2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MONOBOOST BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, IDENTITY THEFT AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR OTHER INTERACTIONS WITH OTHER USERS OF THE SERVICE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
  3. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

13. WAIVER; ARBITRATION

  1. Mandatory Arbitration.PLEASE READ THIS SECTION CAREFULLY. YOU AND MONOBOOST, AND EACH OF OUR RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
  1. Commencing Arbitration. A party intending to seek arbitration must first send to the other, by an international courier with a tracking mechanism, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Monoboost, via any other method available to Monoboost, including via e-mail. The Notice to Monoboost must be addressed to MNBoost Corp. – 400 S. 4th Street Suite 500, Las Vegas Nevada, 89101, United States of America, Attn: Chief Executive Officer (the “Arbitration Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). If you and Monoboost do not reach an agreement to resolve the claim within 30 days after the Notice is received, then you or Monoboost may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) WILL ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at http://www.adr.org. If you are required to pay a filing fee to commence an arbitration against Monoboost, then Monoboost will promptly reimburse you for your confirmed payment of the filing fee upon Monoboost’s receipt of a Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
  2. Arbitration Proceeding. The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of business in Dover, Delaware will be appointed pursuant to the Rules, as modified herein. You and Monoboost agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.
  3. No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND MONOBOOST AGREE THAT YOU AND MONOBOOST MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
  4. Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of Delaware in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to this Section 13.
  5. Equitable Relief. The foregoing provisions of this Section 13 do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents. For the avoidance of doubt, however, you acknowledge that, in the event Monoboost or a third party breaches this Agreement, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Monoboost, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Agreement.
  6. You and Monoboost agree that, notwithstanding any other rights a party may have under law or equity, any cause of action arising out of or related to this Agreement or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
  7. Improperly Filed Claims. All claims you bring against Monoboost must be resolved in accordance with this Section. All claims filed or brought contrary to this Section will be considered improperly filed. Should you file a claim contrary to this Section, Monoboost may recover attorneys’ fees and reimbursement of its costs, provided that Monoboost has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
  8. In the event that Monoboost makes any future change to the “Mandatory Arbitration” paragraph set forth above (other than a change to Monoboost’s Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to Monoboost’s Arbitration Notice Address, in which case your account with Monoboost and your license to use the Service will terminate immediately, and this Section, as in effect immediately prior to the amendments you reject, will survive the termination of this Agreement.
  9. If only the “No Class Actions” paragraph above or the entirety of this Section 13 is found to be unenforceable, then the entirety of this Section 13 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 14 will govern any action arising out of or related to this Agreement.

14. GOVERNING LAW

  1. The laws of the State of Delaware, excluding its conflicts of law rules, govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Dover, Delaware, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.

15. INDEMNITY

PLEASE READ THIS SECTION CAREFULLY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD MONOBOOST, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR DIRECTORS, OFFICERS, MANAGERS, AGENTS, CONTRACTORS, PARTNERS AND EMPLOYEES HARMLESS FROM ANY LOSS, LIABILITY, CLAIM, DAMAGES, COSTS, DEBTS, EXPENSES OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES, DUE TO OR ARISING FROM (I) YOUR USE OF OR ACCESS TO THE SERVICE, INCLUDING ANY DATA OR CONTENT TRANSMITTED OR RECEIVED BY YOU, OR YOUR INABILITY TO USE THE SERVICE; (II) ANY CLAIM OR DAMAGES THAT ARISE AS A RESULT OF ANY OF YOUR USER CONTENT OR ANY USER CONTENT THAT IS SUBMITTED VIA YOUR ACCOUNT (III) YOUR CONDUCT IN CONNECTION WITH THE SERVICE OR OTHER USERS, (IV) YOUR VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES ABOVE, (V) YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY RIGHT OF PRIVACY OR INTELLECTUAL PROPERTY RIGHTS; (VI) ANY OTHER PARTY’S ACCESS AND USE OF THE SERVICE WITH YOUR UNIQUE USERNAME, PASSWORD OR OTHER APPROPRIATE SECURITY CODE OR (VII) YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS.

16. TERMINATION

  1. Unless otherwise provided, this Agreement is effective upon your first use of the Service and shall remain in effect until it is terminated in accordance with the terms of this Agreement.
  2. Termination by Monoboost. Notwithstanding anything to the contrary in this Agreement, Monoboost may suspend, deactivate or terminate your account and your right to use the Service and may block or prevent your access to and use of the Service at any time in its sole discretion, for any reason or no reason, without explanation and without notice (including without limitation blocking users or Members from certain IP addresses). We also reserve the right to remove or block access to your account information, User Content or data from our Service and any other records at any time at our sole discretion. In the event that we determine that your access to any of the Service is terminated or suspended for cause, such as due to any breach of this Agreement, flagged conduct or content, third party complaints or the implementation of our repeat infringer policy, you agree that all fees then paid to Monoboost by you will be nonrefundable, except as otherwise provided by law, and all outstanding or pending payments under the terms of your subscription will immediately be due and payable. All decisions as to the refundability of the fees are in Monoboost’s sole discretion. Notwithstanding the foregoing, you may dispute any refunds of fees pursuant to Section 13 of this Agreement.
  3. Termination by You. In addition to any right to cancel your subscription pursuant to Section 16, below, you may deactivate or terminate your account at any time, for any or no reason, by accessing the settings page of your account or by contacting us as described above. If you purchased a subscription through a Third Party account, you will need to cancel your subscription through that Third Party and in accordance with that Third Party’s terms and conditions. If you cancel your subscription, other than pursuant to Section 18, your subscription benefits will continue until the end of your then-current subscription term, but your subscription will not be renewed after that term expires. Except as otherwise provided by law or under this Agreement, you will not be entitled to any refund of the fees you have paid to Monoboost and all outstanding or pending payments under the terms of your subscription will immediately be due and payable.
  4. After your account is suspended, deactivated or terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination, including without limitation Sections 6 (in terms of reimbursement and refund), 7 , 10, 12, 13, 14, 15 and 17.

17. MISCELLANEOUS

  1. You agree that this Agreement, together with the Privacy Policy and any Additional Terms, contains the entire agreement between you and Monoboost regarding the use of the Service and supersedes all prior agreements and understandings (including without limitation any prior versions of this Agreement), except to the extent that the parties have entered into a separate written agreement applicable to the Service that expressly governs over this Agreement.
  2. If any provision or any portion thereof is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect, unless otherwise indicated herein.
  3. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Monoboost without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
  4. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
  5. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions.
  6. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Monoboost as a result of this Agreement or use of the Service.