Terms of Service

Monthli Terms of Service
Last updated: January 02, 2016

This agreement, the Privacy Policy and all other rules, policies and procedures that are published from time to time on the Site, which are each incorporated by reference herein, and which collectively form the “Agreement”, sets forth the terms and conditions that you agree apply to your access and use of services, features, applications, tools, functionality and content on the Monthli platform  (the "Service"), including monthli.com and our mobile applications, operated by Monthli ("us", "we", or "our"). If at any time you do not agree to the terms of this Agreement, immediately stop using the Service.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Service constitutes your acceptance of the amended terms. If you do not agree to any revisions to this Agreement, you should immediately discontinue using the Service.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Description of Service
The “Service” is an information management, operational workflow, and social network service that allows Users to manage and operate their Associations, and engage with the Community in conjunction with their Community Manager and/or Service Providers. Please note that certain aspects of the Service will not be available to all Users.

Accounts
When you register for the Service, you will be required to provide your email address, a password, and your place of residence, which collectively form your “Registration Information”. Together, your password and email address allow you to access the Service. You understand and agree that you are solely responsible and liable for all activity that occurs on your account, and shall be responsible for maintaining the confidentiality of your password. You are also responsible for keeping your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service may be affected. If you become aware of any unauthorized use of your Registration Information, you agree to notify Monthli immediately at the email address privacy@monthli.com.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Communications
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Fee Changes
Monthli, in its sole discretion and at any time, may modify the fees for our Premium Subscriptions and Services. Any fee change will become effective at the end of the next Billing Cycle.
Monthli will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Free Trial
Monthli may, at its sole discretion, offer a Premium Subscription or Service with a free trial for a limited period of time ("Free Trial").

At any time and without notice, Monthli reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Indemnification
You agree to defend, indemnify and hold harmless Monthli and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service. 

Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Monthli and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Monthli.

Limitation of Liability
In no event shall Monthli, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Monthli. Monthli has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
You acknowledge and agree that Monthli shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

Online and Mobile Alerts
Monthli may from time to time provide you with automatic and voluntary alerts. Automatic alerts may be sent to you following certain changes made online to your account, such as a change in your Registration Information. Voluntary account alerts may be turned on, off or customized by you. These alerts allow you to choose the types of notifications you would like to receive in your email address. Monthli may add new alerts from time to time, or cease to provide certain alerts at any time in its sole discretion. Electronic alerts will be sent to the email address you have provided in your Registration Information. You are responsible for updating your email address if it changes.

Premium Subscriptions and Premium Services
Premium Subscriptions (on-going services) are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly, quarterly, or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. 

Premium Services (one time fees) will be billed the next billing cycle.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Monthli cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Monthli customer support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Monthli with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Monthli to charge all Subscription fees incurred through your account to any such payment instruments.   
Should automatic billing fail to occur for any reason, Monthli will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Purchases
If you wish to purchase any Premium subscription or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

Refunds
Except when required by law, paid Subscription fees are non-refundable.  

Renewal / Cancellation
Your Premium Subscription(s) will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team at least five (5) business days prior to the renewal date. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Premium Subscription(s) will continue until the end of that billing cycle before terminating. Thereafter your Free subscription(s) will continue for your use.

Rights You Grant to Us
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By submitting, transmitting, distributing, uploading or posting information, documents, data, text, images, graphics, passwords, usernames, other login information, materials and other content (collectively, “Content”) through the Service, you are licensing that Content to Monthli for the purpose of providing the Service. Monthli may use and store the Content, and provide access to the Content to its employees, agents and contractors in connection with providing the Service. All Content, whether posted or privately transmitted, is the sole responsibility of the person who originated such Content, and Monthli provides no guarantees as to the authenticity of the Content. You acknowledge that all Content you access through the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other person resulting therefrom. Monthli will not share your personal or confidential information with any third party without your prior consent. Please refer to the Privacy Policy.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
Monthli has the right but not the obligation to monitor and edit all Content provided by users.

Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Monthli its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Contact Us
If you have any questions about these Terms, please contact us at info@monthli.com.