Terms and Conditions (“Terms”)
Last updated: December 14, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://trippy.monethos.com (hereinafter referred to as the “Site”) operated by Mon Ethos Pro Consulting, LLC (“us”, “we”, or “our”).
Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site.
By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Site.
USE OF SITE
You represent and warrant that you are at least 18 years old or visiting the Site under the
supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited,
revocable, non-transferable and non-exclusive license to access and use the Site by
displaying it on your internet browser only for the purpose of shopping for personal items
sold on the Site and not for any commercial use or use on behalf of any third party, except
as explicitly permitted by us in advance. Any breach of this Agreement shall result in the
immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display,
sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer,
disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly
permitted by us in writing. You may not make any commercial use of any of the
information provided on the Site or make any use of the Site for the benefit of another
business unless explicitly permitted by us in advance. We reserve the right to refuse
service, terminate accounts, and/or cancel orders at its discretion, including, without
limitation, if we believe that customer conduct violates applicable law or is harmful to
our interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content,
information, or other material that (a) violates or infringes the copyrights, patents,
trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is
libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to
any civil or criminal liability under U.S. or international law; or (c) includes any bugs,
viruses, worms, trap doors, Trojan horses or other harmful code or properties.
RISK OF LOSS; OTHER TERMS OF SALE
The risk of loss and title for items purchased by you pass to you upon our delivery of the
items to the carrier pursuant to our standard terms of sale
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE
ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
LINKS
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
REMEDIES
You agree that our remedy at law for any actual or threatened breach of this Agreement
would be inadequate and that we shall be entitled to specific performance or injunctive
relief, or both, in addition to any damages that we may be legally entitled to recover,
together with reasonable expenses of any form of dispute resolution, including, without
limitation, attorneys’ fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity,
including without limitation damages injunctive relief, attorneys’ fees and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions
shall imply any obligation to grant any similar, future or other waiver.
APPLICABLE LAW
This site is created and controlled by us in the Commonwealth of Massachusetts USA. As such, the laws of the Commonwealth of Massachusetts will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.
DISPUTES
Any dispute relating in any way to your visit to the Site or to the products you purchase
through the Site shall be submitted to confidential arbitration in Boston, Massachusetts,
except that to the extent you have in any manner violated or threatened to violate our
intellectual property rights, we may seek injunctive or other appropriate relief in any state
or federal court in the Commonwealth of Massachusetts. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and
jurisdiction in the state and federal courts of Massachusetts. Arbitration under these Terms of
Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at
the American Arbitration Association. The arbitrator’s award shall be final and binding
and may be entered as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this Agreement shall be joined to
an arbitration involving any other party subject to this Agreement, whether through class
action proceedings or otherwise. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of, related to or connected with the use
of the Site or this Agreement must be filed within one (1) year after such claim or cause
of action arose or be forever banned.
SEVERABILITY
If any these provisions shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed several and shall not affect the validity and enforceability
of any remaining provision.
OUR ADDRESS
Please send any questions or comment to:
Mon Ethos Pro Consulting, LLC
63 Summit Avenue
Chelsea, MA 02150