Monarch Broadcast Terms of Service
NOTICE - PLEASE READ CAREFULLY: YOUR USE OF Monarch Broadcast SERVICES IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THIS AGREEMENT. This Agreement (the "Agreement") is between Monarch Broadcast and "you" the individual or legal entity purchasing or opening an account for Services under this Agreement ("Customer"); or as the case may be, the individual accessing or using the Services. By purchasing, accessing, installing or otherwise using the Services, you agree to be bound by this Agreement. Please retain a copy of this Agreement for your records. If you do not agree with the terms and conditions of this Agreement, do not use the Services.
Description of Service:
- These Terms and Conditions govern the purchase and use of phone broadcasting, electronic invoice, faxing and/or email services. By ordering or using the Services, you agree to be bound by these Terms and Conditions. Monarch Broadcast has the right to alter, expand or reduce the features of the Services at its discretion. You shall provide all user information necessary to enable Monarch Broadcast the ability to create user profiles for each user you grant access to the Services. The term "utilized" is defined as no usage on a specific number/service and no upcoming reservations scheduled for specific number/service.
- Monarch Broadcast agrees to provide the Customer with the service based on the terms of this Agreement.
- Monarch Broadcast will use reasonable efforts to provide the Service at the date and time agreed to with the Customer. However, dates and times are estimates and Monarch Broadcast has no liability for failure to meet any date or time.
- Monarch Broadcast may, for operational reasons, change the codes or numbers utilized by Monarch Broadcast to provide the Service or vary the technical specifications of the Service, provided any change to the technical specification does not materially affect the performance of the Service.
- Monarch Broadcast may temporarily suspend the Service for operational reasons such as maintenance, betterment or emergency.
- The Customer is responsible for maintaining the confidentiality and proper use of their account, user ID and PIN codes used in conjunction with the Service.
- The Customer shall immediately inform Monarch Broadcast if there is any reason to suspect any of the information contained in section 1 has been compromised or is likely to be compromised and will be utilized by an unauthorized individual.
- The Customer shall not change or attempt to change any of the information contained in section 1. If the Customer forgets or loses any information contained in section 1, they are to contact Monarch Broadcast and satisfy such security checks as Monarch Broadcast may operate in order to reacquire said information.
- Monarch Broadcast reserves the right to suspend access to the Service if at any time Monarch Broadcast determines there is or is likely to be a breach of security or if it is suspected that the account is being used improperly or illegally in the sole opinion of Monarch Broadcast. Monarch Broadcast also reserves the right to require the Customer to change some or all of their access codes in connection with the Service
- The Customer is to immediately inform Monarch Broadcast of any changes to the information provided by the Customer when registering for the Service.
Use of Service:
- It is the Customer's responsibility to obtain and keep in force any license necessary for the Customer to use the Service in any country it is provided.
- The Customer may only utilize the Service when conforming with individual state laws regarding the use of sending automated recorded phone messages to private residences, customers or businesses. Such compliance with the law is the Customer's responsibility and the Customer holds Monarch Broadcast harmless for any infringement of the law that may occur, either intentionally or unintentionally. Monarch Broadcast encourages the Customer to obtain proper legal opinions and proceed with caution when using its phone broadcasting system. Monarch Broadcast cannot, and will not, offer legal opinions or judgments regarding the use of its Service.
- The Service is provided for the Customer's own use and the Customer may not resell, attempt to resell or otherwise generate income from the Service unless prior written approval is granted by Monarch Broadcast.
- The Service may not be used:
- in violation of any legislation or license applicable to the Customer or that is any way fraudulent or unlawful
- to send, knowingly receive, download, upload, use or re-use any material or information that is abusive, defamatory, in breach of confidence, obscene or menacing, in breach of copyright or privacy or any other rights
- to damage Monarch Broadcast's property, interfere with or disrupt Monarch Broadcast's or its affiliates' systems or other users
- Customer acknowledges and agrees Monarch Broadcast does not control the control or monitor the content nor guarantee the accuracy, integrity, security or quality of such content
- The Customer is responsible for the acts and omissions of all users in connection with the Service and is liable for any failure by any user to perform or observe the Terms and Conditions of this Agreement.
Charges and Invoicing:
There are variations in the Charging and Invoicing offered by Monarch Broadcast. Please refer to the specific Service Agreement's Terms and Conditions for the manner in which these items are addressed.
Taxes, Fees and Surcharges:
In addition to the rates for the Service, Customer shall pay all applicable fees, duties, tolls, surcharges or governmental taxes now or in the future that are attributable to the Service and included on the Customer's invoice and any reasonable expense incurred by Monarch Broadcast relating to such charges.
- Either party may terminate this Agreement if the other party commits a material breach of its obligations in relation to the Service, if the material breach is not cured within thirty (30) days of receipt of notice of such breach from the non-breaching party.
- Either party may terminate this Agreement If either party commits a material breach in relation to the service and the material breach cannot be cured.
- Either party may terminate this agreement for any reason with seven (7) days advance notification in writing.
The Customer may not assign all or part of this Agreement to another party without the prior written consent of Monarch Broadcast. This consent shall not be unreasonably withheld.
ALL SERVICES PROVIDED BY Monarch Broadcast ARE "AS IS", "WITH ALL FAULTS" AND WITHOUT ANY WARRANTY. CUSTOMER UNDERSTANDS AND AGREES THAT Monarch Broadcast SERVICE AND WEB SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". Monarch Broadcast AND ITS SUPPLIERS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Monarch Broadcast MAKES NO WARRANTY OR REPRESENTATION REGARDING ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH Monarch Broadcast's SERVICES OR WEBSITES OR THAT Monarch Broadcast's SERVICES WILL MEET ANY OF THE CUSTOMER'S REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. THE USE OF Monarch Broadcast's SERVICES AND WEBSITES IS AT THE CUSTOMER'S SOLE RISK. Monarch Broadcast IS NOT LIABLE FOR THE ACTS OR OMISSIONS OF OTHER SERVICE PROVIDERS, FOR ANY INFORMATION OR CONTENT OF COMMUNICATIONS, THIRD PARTY SERVICES, EQUIPMENT FAILURE OR CAUSES BEYOND Monarch Broadcast's REASONABLE CONTROL.
Limitation of Liability:
Monarch Broadcast OR ITS SUPPLIERS AND AFFILIATES WILL NOT BE LIABLE TO THE CUSTOMER FOR LOST REVENUES, LOST PROFIT, LOST DATA, OTHER SPECIAL INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGE OR FOR LOSS, DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM THE CUSTOMER'S OR ANY OTHER PARTY'S USE OF OR INABILITY TO USE EQUIPMENT, SERVICES OR SOFTWARE OR FOR COMMERCIAL LOSS OFANY KIND, WHETHER OR NOT Monarch Broadcast HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS, NOR SHALL ANY RECOVERY AGAINST Monarch Broadcast WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY) EXCEPT FOR DAMAGES THAT ARE REQUIRED BY LAW TO BE PAID, CUSTOMER AGREES THAT ALL DAMAGES ARE EXCLUDED EXCEPT FOR THE DIRECT DAMAGES THAT ARE ACTUALLY INCURRED BY CUSTOMER IN REASONABLE RELIANCE, UP TO THE GREATER OF THE AMOUNT OF A REFUND OF THE PRICE CUSTOMER ACTUALLY PAID FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE FILING OF SUCH CLAIM REGARDLESS OF THE FORM OF ACTION OR CLAIM (E.G. CONTRACT, TORT, WARRANTY, STRICT LIABILITY, FRAUD, NEGLIGENCE OR OTHER LEGAL THEORY) OR ONE THOUSAND DOLLARS (US $1,000)
Neither party shall be liable for any breach of this Agreement that is caused by a matter beyond its reasonable control. Such causes include (without limitation) Acts of God, fire, lightning, war, disorder, flood, national emergency, riots, revolutions, explosion, labor disputes, malfunction of third-party's telephone lines, equipment or services necessary to provide the Service, stability or availability of the Internet (or portion thereof). In addition, Monarch Broadcast shall not be liable for any delay or failure to provide the Service caused by restrictions of a legal or regulatory nature imposed by any governmental agency. If any condition continues for more than a three (3) month period, either party may serve notice on the other for immediate termination of this Agreement.
Law and Jurisdiction:
The laws of the State of New York shall govern this Agreement.
The Customer shall indemnify, defend and hold Monarch Broadcast its affiliates, their officers, directors, employees and suppliers harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney's fees that arise out of or relate to Customer's use of the Service (including and without limitation, any individual accessing the Service using the Customer's account), any actual or alleged violation of this Agreement or applicable law, any infringement or violation by the Customer or any individual accessing the Service using the Customer's account of any intellectual property, privacy or other right of any individual or entity.
This Agreement states the entire agreement between the parties and supersedes all prior representations, agreements, proposals, correspondence, discussions, meetings, negotiations and/or any other understandings relating to its subject matter.