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Monarch Group LLC
Dana Point, California

 
TERMS OF USE AGREEMENT

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on January 1, 2009.

This Terms of Use Agreement sets forth the standards of use of the Monarch Group LLC(edsforecast.com) Online Service for Registered and Non-Registered Members. By using the Monarch Group LLC website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Monarch Group LLC website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

  • Description of Service

    Monarch Group LLC is providing Member with Web site, contents, and servers running on networks (herein referred to as "Service" operated by Monarch Group LLC (Dba: edsforecast) for purpose of accessing data and information which are available according to strict compliance to Terms and Conditions of Use. Subscribers only have permitted access to reporting. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

  • Disclaimer of Warranties, Terms and Liability

    The site is provided by Monarch Group LLC on an "as is" and on an "as available" basis and there may be delays. To the fullest extent permitted by applicable law, Monarch Group LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, timeliness, merchantability, or any other cause beyond their reasonable control or otherwise. Monarch Group LLC shall have no liability for any interruptions in the use of this Website. Monarch Group LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.

    Monarch Group LLC shall not be liable to you or anyone else for any loss or injury caused in whole or in part by its negligence, omission in procuring, compiling, interpreting, editing, writing, reporting, transmitting or delivering any information or data through this service or for interruption in any such data. In no event will Monarch Group LLC be liable to you or anyone else for any decision made or action taken by you in reliance upon such information or data or for any consequential, special or similar damages, including but not limited to lost profits, buying and selling losses, damages resulting from inconvenience, or loss of use of the service, even if advised of the possibility of such damages. This service may be discontinued or limited at any time.

    Monarch Group LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR Monarch Group LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF Monarch Group LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

  • Indemnification

    Member agrees to indemnify and hold Monarch Group LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

  • Members Account

    All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Monarch Group LLC of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Monarch Group LLC.

    Payment Terms
    Member agrees to pay for all products ordered through the Monarch Group LLC web site or via the Monarch Group LLC sales team using the payment method indicated, and provides Monarch Group LLC express authorization to charge said fees to the Member's payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of Monarch Group LLC products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Member. If payment is not current, Monarch Group LLC may immediately cease to provide any and all Deliverables to the customer. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of written cancellation, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. A customer choosing to cancel a prepaid subscription prior to the end of its prepaid term may also be subject to a $15 processing fee. No partial month refunds will be provided.

    Subscriptions will automatically renew using the Member's current credit card account number unless Member contacts Monarch Group LLC Cancellation to cancel three (3) days prior to the renewal date and indicates its intent to cancel. Member may cancel their Monarch Group LLC product Membership by visiting http://info.edsforecast/stoprecurring.com. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the customer's email account on record with Monarch Group LLC. If Customer has a question about a cancellation, Customer should contact Monarch Group LLC Customer Services at customerservice@edsforecast.com or at 949-488-9767. Monarch Group LLC reserves the right to change its fees or billing methods at any time. Monarch Group LLC will provide timely notice to the affected Customers of any such changes.

    It is the Member's responsibility to promptly provide the Monarch Group LLC with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the "My Account" tab within the "edsforecast" section, once Member has logged into www.edsforecast.com. Monarch Group LLC does not validate all credit card information required by the Member's payment provider to secure payment.

    The Member must notify edsforecast about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to edsforecast's attention within 90 days, Member agrees to waive their right to dispute such problems or discrepancies.
     

  • Modifications and Interruption to Service

    Monarch Group LLC reserves the right to modify or discontinue the Service with or without notice to the Member. Monarch Group LLC shall not be liable to Member or any third party should Monarch Group LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Monarch Group LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

  • Third-Party Sites

    Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

  • Disclaimer Regarding Accuracy of Vendor Information

    Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Monarch Group LLC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

    Monarch Group LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

  • Governing Jurisdiction of the Courts Florida

    Our website is operated and provided in the State of Florida. As such, we are subject to the laws of the State Florida, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Florida.

  • Compliance with Laws.

    Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

  • Copyright and Trademark Information

    All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 Monarch Group LLC, will all rights reserved, or is the property of Monarch Group LLC and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, reverse engineer, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Monarch Group LLC is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Monarch Group LLC.

    Monarch Group LLCTM is a proprietary mark of Monarch Group LLC (Dba: Monarch Group LLC). Monarch Group LLC’s trademarks may not be used in connection with any product or service that is not provided by Monarch Group LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Monarch Group LLC.

    All other trademarks displayed on Monarch Group LLC’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Monarch Group LLC.

  • Notification of Claimed Copyright Infringement

    Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Monarch Group LLC.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

    By Mail
    P.O. Box 3332, Dana Point CA 92629
    By Telephone: 949-488-9767
    By Email: monarchgroup@tampabay.rr.com

  • Use Limitations

    Use of Monarch Group LLC reporting feature is limited to 200 views and/or retrievals per 24 hour period for each user. You may not participate in coordinated efforts or group activities with others in order to exceed this use limitation. Failure to comply with these limitations will result in cessation of access and use privileges and may result in legal actions taken against the offending individuals and organizations at the discretion of Monarch Group LLC.

  • Other Terms

    If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Monarch Group LLC, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

 

DISCLAIMER
 

 

Limit of Liability/Disclaimer of Warranty: Every effort has been made to accurately represent products and potential. Best efforts have been used in preparing materials, there are no express or implied representations or warranties with respect to the accuracy or completeness of the contents and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. No warranty may be created contained herein and may not be suitable for your situation. It is sold with the understanding that no guarantee that you will earn any money using the techniques and ideas in the materials. Examples in these materials are not to be interpreted as a guarantee or promise of earnings. Results may vary and are dependent upon your hard work, determination, resources and a variety of factors.

Materials in our product and website may contain information that includes or is based upon forward-looking statements within the meaning of the Securities Litigation Reform Act of 1995. Forward-looking statements give our expectations or forecast of future events. You can identify these statement by the fact that they do not relate to historical or current facts. They use words such as "anticipate","forecast", "predict","prediction", "plan", "intend", "believe", and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.

No liability shall exist for any loss of profit or any other commercial damages, including but not limited to special, incidental, consequential, or other damages.You understand that no content constitutes a recommendation that any particular property, portfolio of properties, transaction, or investment strategy is suitable for any specific person. You further understand that none of the information providers or their affiliates will advise you personally concerning the nature, potential, value, or suitability of any particular property, portfolio of properties, transaction, investment strategy, or other matter. To the extent any of the content published may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
 

 


 

 

 


 

 
   
© Copyright 2009
Monarch Group LLC
edsforecast.com
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