Your use of this website constitutes your acceptance of Transcend by Monet’s Terms and Conditions of Use (“Terms of Use” or "Terms"). Please read carefully as these Terms of Use affect your legal rights and obligations, including but not limited to waivers of rights, limitation of liability, your indemnity to us and mandatory arbitration.

 

1. Acceptance of Terms

 

You agree to these Terms and Transcend by Monet's Privacy Policy by accessing, browsing or using this website. If you DO NOT AGREE to be bound by all of these Terms, DO NOT USE THIS WEBSITE.

 

Transcend by Monet may modify or revise this website's Terms of Use and Privacy Policy at any time; you agree to be bound by such modifications or revisions.

 

Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

 

2. Ability to Accept Terms

 

You affirm that you are either more than 18 years of age, an emancipated minor or possess legal parental/guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use and abide by and comply with these Terms of Use. If you are under 13 years of age, do not use this website.

 

3. Ownership

 

These Terms constitute legally binding terms and govern your use of www.transcendbymonet.com and associated services, which are operated by Transcend by Monet, including but not limited to any interactive features, widgets, applications, content or downloads that are owned and controlled by Transcend by Monet.

 

The website www.transcendbymonet.com (including past, present and future versions) and all Content included in or are otherwise a part of this website, including without limitation: graphics, layout, text, content, instructions, images, audio, videos, designs, trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material; the look and feel of this website; the compilation, assembly and arrangement of the Content of this website; and all other Content related to this website are owned, controlled or licensed by Transcend by Monet.

 

The entire contents of this website are copyrighted under the United States copyright laws. All rights in and to such content are reserved. Reproduction of any content, in whole or in part, without permission is prohibited.

 

4. This Website Does NOT Provide Medical Advice

The Contents of this website, www.transcendbymonet.com, are for informational purposes only.

 

The Content has not been evaluated by the FDA and is not intended to be a substitute for professional medical advice, diagnosis or treatment.

 

Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding any medical condition or before undertaking any lifestyle, diet, exercise or other health program described on this website.

 

Reliance on any information provided on this website is at your own risk.

 

Should you have any health-care related questions, please contact your physician or other health-care provider. Never disregard medical advice or delay in seeking medical assistance because of something you have read on this website.

 

5. Privacy Policy

 

Transcend by Monet's current privacy policy is available at http://www.transcendbymonet.com/privacypolicy.

 

6. Permissions

 

You have permission to access this website as set forth in these Terms of Use under the following conditions:

 

Subject to your strict compliance with these Terms, Transcend by Monet grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download (temporary storage only), display, view, use and/or play a single copy of the Content on a personal computer, mobile phone or other wireless device, or other Internet enabled device for your personal, non-commercial use only provided:

 

A. you keep intact all trademark, copyright and other proprietary notices contained in the original Content or any authorized copy you may make of the Content

B. you do not use the Content in a manner that suggests an association with any of our products, services or brands

C. you make no modification(s) to the Content

D. you do not insert any code or product to manipulate the Content in any way that affects any user's experience of this website.

 

The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any Content and may be immediately suspended or terminated for any reason.

 

The Content is protected by copyright and other intellectual property laws under United States laws and contains trademarks and other proprietary information. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

 

You agree to use this website for lawful purposes only.

 

7. Prohibited Activities

 

You agree not to alter or modify any part of this website.

 

You agree not to use this website for any commercial use without prior written authorization.

 

You also agree that you will not:

 

A. use any robot, spider, rover, scraper or other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Content except as may be a result of standard Internet browser or search engine

B. fail to follow the instructions provided on this website in a "robots.txt" file or similar mechanism

C. modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party website or otherwise use the Content in whole or in part in any way for any public or commercial purpose except as specifically permitted by these Terms.

 

8. Copyright Complaints

 

We respect the intellectual property rights of others, and we prohibit users from posting, sharing, transmitting or otherwise making available any materials that infringe upon another party's intellectual property rights. However, material is posted on the website by third parties not within our control, and we are under no obligation to review, nor do we review all content on the website for the inclusion of illegal or impermissible content.

 

We do not permit material known by us to infringe another party's copyright to remain on the website. In accordance with the Digital Millennium Copyright Act and other applicable law, we will promptly remove or disable access to the allegedly infringing material when we receive proper notification of an alleged copyright infringement.

 

9. Opinions

 

Opinions and statements expressed by users and third parties are theirs alone and do not represent the opinions of

Transcend by Monet.

 

Content created by third parties is the sole responsibility of said third party. The accuracy and completeness of third party content is not endorsed or guaranteed. 

 

Under no circumstances shall Transcend by Monet or any employees be held liable for any loss or damage caused by your reliance on information obtained through this website. It is your responsibility to evaluate the information, opinions and all other content made available through this website.

 

Transcend by Monet assumes no responsibility which may arise from the content including, but not limited to, claims for libel, slander, defamation, infringement, invasion of privacy, obscenity, pornography, profanity, fraud or misrepresentation.

 

We reserve the right to remove communications, posts or content at any time without prior notice and at our sole discretion.

 

10. Links

 

We may provide, or third parties may provide, links to other websites and resources. Please review carefully any third party’s policies and practices to make sure you are comfortable with those policies and practices before you engage in any transaction. Your dealings and communications through the websites with any party other than Transcend by Monet are solely between you and that third party.

 

As we have no control over such websites or resources, you acknowledge and agree that:

 

A. We are not responsible for the availability of such websites or resources

B. We do not endorse and are not responsible or liable for any content, advertising, products or other materials on or       available from such websites or resources

C. We are not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in  connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

 

11. Disclaimer of Warranties

 

While reasonable efforts have been made to ensure the accuracy of information presented on this website, the accuracy of this information cannot be guaranteed. You agree that your use of this website and services shall be at your own sole risk. Transcend by Monet assumes no liability or responsibility for personal injury or property damage of any nature whatsoever resulting from your access and use of our services.

 

By accessing or using this website, you warrant and represent that your activities are lawful in every jurisdiction where you access or use this website.

 

This website, including but without limitation, the Content, is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, Transcend by Monet and its officers, employees and affiliates make no warranties or representations or endorsements of any kind whatsoever, express or implied, as to:

 

A. the website www.transcendbymonet.com

B. Content on or provided this website

C. user content

D. any products, information, services or instructions offered or referenced on this website

E. downloadable items

F. security associated with the transmission of information transmitted to or from Transcend by Monet and/or this website.

 

Transcend by Monet et al disclaim all warranties, express or implied, including but without limitation:

 

A. quiet enjoyment

B. warranties of merchantability

C. fitness for a particular purpose

D. trade

E. non-infringement

F. title

G. custom

H. system integration

I. freedom from computer virus.

 

Transcend by Monet does not warrant or represent:

 

A. that this website will be error free or uninterrupted

B. that defects will be corrected

C. that website or server that hosts this website is free from any harmful components, including but without limitation, viruses or other malware.

 

12. Limitation of Liability

 

Under no circumstances will the Transcend by Monet parties be liable to you for any loss or damages of any kind, including but without limitation, any direct, indirect, incidental, consequential, economic, punitive, special losses or damages that are directly or indirectly related to:

 

A. this website

B. the Content

C. user content

D. downloadable items

E. errors or omissions on this website

F. technical operation

G. your use of, inability to use or performance of this website

H. any action taken in connection with copyright or other intellectual property owners

I. any action taken in connection with an investigation by Transcend by Monet or law enforcement authorities regarding your use of this website

J. any damage to any user's wireless device, cellular phone, computer, computer software, hardware, modem or other equipment, including but without limitation, damage from any security breach, defect, network failure, virus, bugs, tampering, fraud, error or any other malfunction

K. other malfunction, including but not limited to damages for work stoppage, loss of goodwill, lost profits, loss of data, accuracy of results, computer failure or malfunction even if foreseeable or even if Transcend by Monet has been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including but not limited to whether caused, in whole or in part, by negligence, telecommunications failure, theft/destruction of this website or acts of God).

 

In no event will Transcend by Monet parties be liable to you or anyone else for damage, injury or loss including but not limited to death or personal injury.

 

In some states, countries, provinces and territories, the exclusion or limitation of incidental or consequential damages is not allowed, so the above exclusion or limitation may not apply to you.

 

In no event will Transcend by Monet parties total liability to you for all damages, causes or losses of action exceed eight United States dollars ($8.00).

 

If you are dissatisfied with this website or any of the Content, your sole and exclusive remedy is to discontinue accessing and using this website and/or the Content.

 

YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK.

 

13. Waiver of Unknown Claims

 

By accessing this website, you understand that you may be waiving rights with respect to claims that are at this time unknown and unsuspected, and in accordance with such waiver, you acknowledge that you and read and understood and hereby expressly waive the benefits of section 1542 of the Civil Code of California (and any similar law of any state) which provides "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

 

14. Indemnification

 

You agree to defend, indemnify and hold harmless Transcend by Monet and all of its officers, employees, affiliates from and against any and all claims, actions, damages, losses, costs, obligations, investigations, liabilities, judgments, settlements and expenses, including attorneys' fees, that directly or indirectly arise from or are otherwise directly or indirectly related to:

 

A. user content

B. your use of this website or activities in connection with this website

C. any misrepresentation made by you

D. any claim that any of your User Submissions caused damage to a third party

E. your violation of these Terms

F. your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities in connection with your use of this website or your activities in connection with this website, including, without limitation, all regulatory, administrative and legislative authorities

G. information or material transmitted through your internet device used to access this website, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or entity or defames any person.

 

You will cooperate as fully required in the defense of any claim. Not withstanding the foregoing, Transcend by Monet retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and these provisions.

 

Transcend by Monet and affiliates reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

15. Assignment

 

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Transcend by Monet without restriction.

 

16. General

 

You agree that this website and all services shall be deemed solely based in California, and this website and all services shall be deemed a passive website that does not give rise to personal jurisdiction over Transcend by Monet, either specific or general, in jurisdictions other than California.

 

These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.

 

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Transcend by Monet's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

 

Last modified: March 1, 2014