Effective: March 8, 2016
PLEASE NOTE THAT SECTION 12 CONTAINS AN AGREEMENT TO ARBITRATE (“ARBITRATION AGREEMENT”) WHICH, WITH LIMITED EXCEPTIONS, REQUIRES YOU TO SUBMIT ANY CLAIMS YOU HAVE AGAINST MONO SLAB EZ FORM TO FINAL AND BINDING ARBITRATION, UNLESS YOU OPT OUT. UNLESS YOU OPT OUT, (a) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST MONO SLAB EZ FORM ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (b) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
1. Changes to Terms. We may revise and update these Terms from time to time in our sole discretion. The date these Terms were last updated is set forth at the top of this page. All changes are effective immediately after posting, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
2. Scope of and Restrictions on Use. Except as otherwise provided in the Portal Terms (as defined in Section 3 below), subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and the Content for your legitimate business purposes. The graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Site (collectively, the “Content”) may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without our prior express written permission. You agree not to:
- collect information from the Site using an automated software tool or manually on a mass basis;
- use automated means to access the Site, or gain unauthorized access to the Site or to any computer system connected to the Site;
- obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
- “flood” the Site with requests or otherwise overburden, disrupt, or harm the Site or our systems;
- restrict or inhibit other users from accessing or using the Site;
- modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content; or
- access or use the Site or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.
3. Additional Portal Terms. Our additional Product Portal Terms and Conditions apply to your access to and use of Mono Slab EZ Form’s product portal (the “Portal”) and the Content provided on or available through the Portal. If you do not agree to be bound to such Product Portal Terms and Conditions, do not indicate any assent or acceptance of such Portal Terms and do not use the Portal or any Content available on or through the Portal.
4. Ownership. The Site (including the Content) are owned by Mono Slab EZ Form and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site are registered and unregistered marks of Mono Slab EZ Form and its licensors. You acknowledge and agree that, as between you and Mono Slab EZ Form, Mono Slab EZ Form and shall remain the sole owner of the Site and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
6. Electronic Communications. The communications between you and Mono Slab EZ Form via the Site use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
8. Purchases. If you purchase products on our Site, the following terms shall apply:
8.1. Order Acceptance. All orders placed on the Site are subject to acceptance by Mono Slab EZ Form. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any product. The contract for sale of products between you and Mono Slab EZ Form is not entered into until we accept payment from you for such products.
8.2. Prices; Risk of Loss and Title. Prices for the products are set forth on our Site. We reserve the right to change our prices at any time. Prices for our products exclude all taxes (including sales and use tax), all of which shall be paid by you. In addition, you will be responsible for shipping and handling costs with respect to your orders unless otherwise stated. Risk of loss of the products (including all risk of theft, damage, or destruction of the products) shall transfer from us to you upon delivery (even if no signature upon delivery is required). Title to the products shall transfer to you upon payment in full for the products.
8.3. Limited Warranty. You shall inventory all products you have purchased within five days after delivery. In the event of any shortages, please notify Mono Slab EZ Form and such shortages will be addressed in accordance with the limited warranty and remedies set forth in this Section. Mono Slab EZ Form warrants that upon delivery and for a period of one year thereafter (the “Warranty Period”), our products shall be free of defects in material and workmanship. If, during the Warranty Period, you notify Mono Slab EZ Form of any products that do not comply with the warranty above (“Defective Products”) and you return the Defective Products to us, we shall, at our sole option and at no charge to you, repair or replace the Defective Products within a reasonable time after we receive the Defective Products. The return of Defective Products to us shall be at your expense and risk of loss. Except for the LIMITED warranty in this Section, MONO SLAB EZ FORM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS, INCLUDING COMPLIANCE WITH YOUR SPECIFICATIONS OR INDUSTRY STANDARDS; ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED AND EXCLUDED.Anchor
9. Changes and Termination of Access. We reserve the right to make changes to, suspend, or discontinue (temporarily or permanently) the Site or any portion thereof (including any Content), or suspend or terminate your access thereto, at any time for any reason. You agree that we will not be liable to you or to any third party for any such change, suspension, or discontinuance.
10. Disclaimer; Limitation of Liability.
10.1. Disclaimer. THE SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND Mono Slab EZ Form HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER Mono Slab EZ Form NOR ANY PERSON ASSOCIATED WITH Mono Slab EZ Form MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER Mono Slab EZ Form NOR ANYONE ASSOCIATED WITH Mono Slab EZ Form REPRESENTS OR WARRANTS THAT THE SITE OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.Anchor
10.2. Limitation of Liability. to the fullest extent permitted by law, IN NO EVENT WILL Mono Slab EZ Form OR its OFFICERS, directors, employees, agents, licensors, OR service providers BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 10.2, Mono Slab EZ Form IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, IN NO EVENT WILL Mono Slab EZ Form’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO Mono Slab EZ Form PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR U.S. $100.00, WHICHEVER IS LESS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE SITE IS AT YOUR SOLE RISK.
10.3. Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 10 may not apply to you.
11. Indemnification. You agree to indemnify, defend, and hold Mono Slab EZ Form and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Site and/or any Content, or any violation of these Terms or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Site and/or these Terms.
12. Arbitration Agreement. You and Mono Slab EZ Form agree that any dispute or claim relating in any way to your use of the Services or to products you purchase on the Site will be resolved exclusively though final and binding arbitration, rather than in court, with the following exceptions:
- You may assert claims in small claims court if your claims apply;
- If a claim involves the conditional license granted to you as described in Section 2 above, either of us may file a lawsuit in a federal or state court located in the State of Idaho, and we both consent to the jurisdiction of and venue in those courts for such purposes; and
- In the event this Arbitration Agreement is for any reason held to be unenforceable, any dispute or claim against us (except for small-claims court actions) may be commenced only in a federal or state court located in the State of Idaho, and we both consent to the jurisdiction of and venue in those courts for such purposes.
This Arbitration Agreement is governed by the Federal Arbitration Act, including its procedural provisions, in all respects.
12.1. Prohibition of Class Actions and Non-Individualized Relief. YOU AND MONO SLAB EZ FORM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MONO SLAB EZ FORM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. IN ADDITION, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). You hereby agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this Arbitration Agreement will be null and void and neither of us will be entitled to arbitrate our dispute.
12.2. Arbitration Procedures. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms, as a court would. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement or the Terms including, but not limited to, any claim that all or any part of this Arbitration Agreement or any other provision of the Terms is void or voidable.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Mono Slab EZ Form LLC, P.O. Box 371, Island Park, Idaho, 83429. The arbitration will be conducted by the American Arbitration Association under its Commercial Arbitration Rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys’ fees. In the event the arbitrator determines the claims you assert in the arbitration are frivolous, you agree to reimburse Mono Slab EZ Form for all fees associated with the arbitration paid by Mono Slab EZ Form on your behalf that you otherwise would be obligated to pay under the American Arbitration Association’s rules. The arbitration shall be held the State of Idaho. If the value of the relief sought is $10,000 or less, you or Mono Slab EZ Form may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Mono Slab EZ Form subject to the arbitrator’s discretion to require an in-person hearing. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
12.3. Opt-Out Procedure.You can choose to reject this ARBITRATION Agreement by mailing us a written NOTICE OF YOUR ELECTION TO opt out (“Opt-Out Notice”). YOUR Opt-Out Notice must be postmarked no later than 30 days after the date you accept these terms the first time. You must mail your Opt-Out Notice to: Mono Slab EZ Form LLC, P.O. Box 371, Island Park, Idaho, 83429. Your Opt-Out Notice must include your name, address (including street number and address, city, state, and zip code), and phone number. You must sign your Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other provisions of these Terms will continue to apply.
13.1. Geographic Restrictions. Mono Slab EZ Form is based in the State of Idaho in the United States. We make no claims that the Site or the Content are accessible or appropriate outside of the United States. Access to and use of the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
13.2. Governing Law; Jurisdiction and Venue. These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Idaho, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of Idaho. Except as set forth in Section 12, any legal suit, action, or proceeding arising out of or related to these Terms or the Site (including any Content) shall be instituted exclusively in an Idaho State court sitting in Fremont County, Idaho, or the United States District Court for the District of Idaho. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13.3. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE (INCLUDING THE CONTENT) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
13.4. Waiver of Jury Trial. YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE (INCLUDING ANY CONTENT).
13.5. Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms will continue in full force and effect.
14. Questions. If you have any questions about the Site or these Terms, please call us at (208) 360-5200 or contact us using our online Contact Form.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.