By using the Site you agree to be bound by all of the terms and conditions outlined herein and to use the Site only as permitted by these Terms and not for any unlawful or inappropriate purpose. If you access or use the Site on behalf of a business, organization or person, then you represent to Monday that you have the authority to bind that business or person and your acceptance of these Terms.
If you are younger than age 18, then please do not provide Monday with your email address or any other personal information whatsoever. If you are under 18 years of age, then you may not access the Site without the consent of a parent or guardian.
, which provisions are incorporated herein by this reference.
Any of your personal information (“Information”) that you might provide as part of becoming a registered user is protected by the username and password you create. You can help prevent the unauthorized disclosure of Information by choosing and protecting your passwords appropriately. This includes not sharing your passwords with others, and choosing a “strong” password. You can also help prevent unauthorized disclosure by preventing others from using your computer and/or password, and by completely signing off and closing your browser after accessing the Site. In the event of a sale, merger, liquidation, dissolution, or other transfer of all or any part of the business, trade or assets of Monday and/or any of its individual affiliates, any and all information collected about you via the Site may be sold, assigned, or transferred to the party acquiring all or substantially all of the equity or assets or business of Monday or its affiliates.
The logos displayed within the Site are trademarks and/or service marks of their respective owners, each of whom has given permission for their marks to be displayed. Monday Properties Services, LLC Copyright 2016. All materials on the Monday Properties website are the property of Monday. Nothing contained herein confers, by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright or other proprietary right of Monday. All rights reserved.
All content included on the Site, including, without limitation, graphics and images, is the property of Monday or its content suppliers and is protected by United States and international copyright, trademark or other laws and regulations. You agree to access the materials posted on the Site manually, and not automatically, and solely for your own personal use. You agree not to copy, modify, broadcast, publish, retransmit, disseminate, commercially exploit or distribute the contents of this Site. However, the Site may also contain links to websites not maintained by Monday. Monday is not responsible for the content of any linked site or any link contained in a linked site nor does inclusion of a link on the Site to another website imply recommendation, approval or endorsement by Monday of the site. Monday does not monitor, make any representation with respect to or assume any liability with respect to any third-party websites, including, without limitation, for any products or services that are advertised or available for purchase through such third-party sites. The inclusion of any link does not imply the endorsement of such external websites or the products and services offered at such sites.
INFORMATIONAL PURPOSES ONLY; USE OF CONTENT
The information on the Site is not guaranteed to be correct, complete or up-to-date. All information and content included on the Site is provided “as is” and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Monday strives to provide accurate and up-to-date material on the Site; however, Monday makes no warranties or representations as to the accuracy or timeliness of the material provided through the Site. Monday assumes no liability or responsibility for any errors or omissions on the Site.
You agree not to take any action, alone or with others, that would interfere with the operation or performance of the Site, to alter the Site in any way, or to impede others’ access to and freedom to enjoy and use the Site.
LIMITATION OF LIABILITY
NEITHER MONDAY, NOR ITS AFFILIATES OR ITS OR THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, OFFICERS, TRUSTEES, DIRECTORS, AGENTS OR REPRESENTATIVES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MONDAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO: (I) YOUR USE OR INABILITY TO USE THE SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (Ill) STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (IV) ANY OTHER MATTER RELATING TO THE SITE OR ITS CONTENTS.
INDEMNITY; STATUTE OF LIMITATIONS
Each user of the Site agrees to indemnify and hold harmless Monday, its affiliates, and its and their respective shareholders, partners, officers, trustees, directors, agents and representatives from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Site and the content herein. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Monday is not providing investment advice through the Site, and the material on the Site should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of Monday or any of its affiliates. If you decide to use any material available on the Site in assessing whether to buy or sell securities, please be aware that the material on the Site reflects past performance and historical information only, and that such performance and information is not necessarily an indication of future performance.
The Site may contain statements that constitute forward-looking statements as such term is defined in the Securities Act of 1933, as amended, and the Securities Exchange Act of 1934, as amended. Forward-looking statements are not guarantees of performance. They represent potential intentions, plans, expectations and beliefs and are subject to numerous assumptions, risks and uncertainties. Future results, financial condition and business may differ materially from those expressed in any forward-looking statements. You can find many of these statements by looking for words such as “approximates,” “believes,” “expects,” “anticipates,” “estimates,” “intends,” “plans,” “would,” “may” or other similar expressions. Many of the factors that will determine the outcome of these and our other forward-looking statements are beyond our ability to control or predict. For these statements, Monday claims the protection of the safe harbor for forward-looking statements contained in the Private Securities Litigation Reform Act of 1995. All subsequent written and oral forward-looking statements attributable to Monday or any agent are expressly qualified in their entirety by the cautionary statements contained herein. Monday does do not undertake any obligation to release publicly any revisions to any forward-looking statements to reflect events or circumstances occurring after the date of such forward-looking statements. You should, however, review the factors and risks which Monday may describe in reports filed from time to time with the SEC.
Assignment. You may not assign any of your rights or obligations under these Terms. Monday may assign its rights or assign or delegate any of its obligations under these Terms without restriction.
Enforceability, Waiver and Severability. If any provision of these Terms is determined to be illegal or unenforceable, then the Terms will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms will not be affected. No delay or failure by Monday to exercise or enforce any of its rights under these Terms will act as a waiver of such rights. Each provision of these Terms is severable from every other provision hereof for the purpose of determining the legal enforceability of any specific provision.
Good Faith. You agree to act in good faith with respect to each provision of these Terms and Conditions and any dispute that may arise related hereto or thereto.
Governing Law, Jurisdiction and Venue. This Site is controlled by Monday from its offices within the State of New York, United States. By accessing this Site, you agree that all matters relating to access to, or use of, this Site or any other linked web site, shall be governed by the applicable laws of the State of New York and the laws of the United States of America, without regard to the conflicts of laws principles thereof. Your use of this Site is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree that you shall not visit or use this Site in any such circumstances. You agree and acknowledge that your use of this Site, and all transactions occurring in connection with this Site, shall be deemed to have occurred and taken place solely in the State of New York, United States. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in New York County of the State of New York for any claim or action arising out of or relating to these Terms and Conditions or Your use of the Site. You agree that: the Site shall be deemed to be solely based in the State of New York; the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Monday, either specific or general, in jurisdictions other than the State of New York; and ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.
Headings. The section headings and subheadings contained in these Terms are included for convenience only and shall not limit or otherwise affect the terms hereof.
International Use. The Site is controlled and offered by Monday from its facilities in the United States of America. Monday makes no representations that the Site is appropriate or available for use in other jurisdictions or locations. You agree that persons who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with any applicable law.
Notices. Any notices to Monday required to be given in writing under these Terms shall be delivered either by hand, overnight delivery service or First Class United States mail and shall be pre-paid and addressed as follows: Monday Properties, 1000 Wilson Boulevard, Suite 700, Arlington, VA 22209.
Survival. All terms of these Terms which by their nature extend beyond the termination of the Terms shall remain in effect for as long as necessary to permit their full discharge and apply to each party’s respective successors and permitted assigns.