Terms of Service

Terms of Service

Welcome to Moniflex. These Terms of Service (‘Terms’) govern your use of our services, including our website and any applications or services that we offer (collectively, the ‘Services’). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Acceptance of Terms

By accessing or using the Services, you affirm that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Modifications to the Terms

We may modify these Terms from time to time. If we make changes, we will provide notice of such changes, which may include posting a notice on our website or through our Services. Your continued use of the Services after any changes constitute your acceptance of the new Terms. Please review these Terms regularly for updates.

3. User Accounts

To access certain features of our Services, you may be required to create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information about yourself.
  • Maintain and promptly update your account information to keep it accurate, current, and complete.
  • Keep your password confidential and secure.
  • Notify us immediately of any unauthorized use of your account or any other breach of security.
  • Be responsible for all activities that occur under your account.

4. Investment Risks

Investing involves risks, and you should be aware of and willing to accept those risks before making any investment decisions. Moniflex does not guarantee any returns on your investments, and past performance is not indicative of future results. You should consult with your financial advisor before making any investment decisions.

5. Use of Services

Our Services are intended for personal, non-commercial use. You may not use our Services for any illegal or unauthorized purpose. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Services.

6. User Content

You may have the ability to submit or upload content to our Services (collectively, ‘User Content’). You retain all ownership rights to your User Content, but by submitting it, you grant Moniflex a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, publish, and distribute such content in connection with the Services. You represent and warrant that you own or have the necessary rights to your User Content and that it does not violate the rights of any third party.

7. Intellectual Property

All content, trademarks, and other intellectual property rights in our Services are the property of Moniflex or our licensors. You may not use, reproduce, distribute, create derivative works of, or otherwise exploit any content from our Services without our express written permission.

8. Third-Party Links

Our Services may contain links to third-party websites or services that are not owned or controlled by Moniflex. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Moniflex is not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of any such content, goods, or services available on or through any such sites or services.

9. Disclaimers

THE SERVICES ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. MONIFLEX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MONIFLEX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MONIFLEX OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OR INABILITY TO USE THE SERVICES, (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN, (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (D) ANY BUGS, VIRUSES, OR THE LIKE, THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, OR (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

11. Indemnification

You agree to indemnify, defend, and hold harmless Moniflex and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, suppliers, attorneys, and their respective successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any User Content you submit, any use of the Services’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Moniflex operates, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the courts located within that jurisdiction for the resolution of any disputes.

13. Dispute Resolution

Any disputes arising out of or relating to these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the rules of the arbitration provider chosen by Moniflex. The arbitration will be conducted in the jurisdiction in which Moniflex operates. You agree that any claim must be brought in your own individual capacity and not as a class action or any representative proceeding.

14. Miscellaneous

These Terms constitute the entire agreement between you and Moniflex regarding your use of the Services and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter hereof. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

15. Contact Us

If you have any questions about these Terms, please contact us through the designated channels provided within our Services.
Robert L. Reck