Terms and Conditions
MONIKL’S TERMS AND CONDITIONS
TODAYS DATE: 9-23-2018. These TERMS and CONDITIONS are effective as of TODAYS DATE.
Welcome to the TERMS and CONDITIONS for Monikl. This is an agreement (“Agreement”) between Monikl, Inc. (“Monikl”), a Delaware corporation, the owner and operator of Monikl.com and the applications known as Monikl, the website, mobile app, developer platforms, or other services of Monikl (collectively and individually, the “Site(s)”) and the Monikl recruiting and payroll processing service (collectively the “Service” which includes the “Sites”), and you.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING USING THE SERVICE, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE SITE, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT; (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH MONIKL; (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE EMPLOYER, AND TO BIND THAT COMPANY TO THE AGREEMENT; AND YOU HAVE DISCLOSED TO MONIKL IN WRITING, IN ADVANCE OR IMMEDIATELY FOLLOWING YOUR ENGAGEMENT WITH SUCH PARTIES, THE NAME OF EACH AND EVERY COMPANY, AGENCY OR INDIVIDUAL WITH WHOM YOU ARE ASSOCIATING, EITHER AS AN EMPLOYEE, CONTRACTOR, CONSULTANT OR OTHERWISE, FOR THE PURPOSES OF RECRUITING PROSPECTIVE EMPLOYEES. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICE. THE SITE AND SERVICE ARE INTENDED FOR ADULTS ONLY. THE SITE AND SERVICE ARE NOT INTENDED FOR ANYONE UNDER THE AGE OF 18.
MEANINGS OF TERMS
Throughout this document, the words “Monikl,” “us,” “we,” and “our,” refer to our company, Monikl, Inc., our Site or our Service, as is appropriate in the context of the use of the words. The term “Prospective Employee” will refer to users of our Service who are seeking employment and/or contractor, gig or temporary opportunities through Monikl. The term “Employer” will refer to a company or individual, as applicable that is interested in hiring Prospective Employees through the use of our Service. The term “You” refers to the individual, company or legal entity, as applicable, identified as the user when you register on the Site, either as or on behalf of a Prospective Employee or Employer. The term “User” refers to anyone using our Service.
Throughout this document the words Document and Documents refers to any posting, resume, company profile information, photo, or other information uploaded to the Service.
Users that are “Prospective Employees” are anyone accessing the Service to search for employment of any type, in any capacity (also referred to as “Job Seekers”).
Prospective Employees using the Service to register for job alerts, upload your resume, or otherwise search for or apply for jobs, are sometimes referred to as a “Job Seeker.”
If you use the Monikl’s Payroll Employee Service (MPES) to make benefits elections for yourself or your dependents or to otherwise manage your benefits, or to access and/or submit human resource-related information, you are an “Employee.”
If you use the Service to access and/or submit information during the new hire onboarding process, you are a “Prospective Employee” (also sometimes referred to as, a “New Hire”)
An “Employment Offer” refers to any time a Prospective Employee is offered employment of any type or duration during or within twelve (12) months with an Employer who was identified by the Prospective Employee through the use of our Site or Service, or from an Employer who identified you through the use of our Site or Service. This applies regardless of whether the Employment Offer is for full time or part time work, whether as a temporary, gig or contract worker, or a direct hire, or whether for an indefinite or fixed term.
The date on which a Prospective Employee commences work under an Employment Offer is the “Start Date”.
Monikl’s Payroll Employee Service (MPES). We offer Employers the option of using Monikl’s Payroll Employee Service for short or long-term Prospective Employees (such as temporary or gig workers, contractors, and temp-to-direct hire employees) and provide these Prospective Employees their paychecks, while providing to the Employer and paying for all mandatory tax burdens (city, state, and federal taxes); all mandatory insurances, such as workers compensation and professional liability. In addition, MPES offers Prospective Employees ACA compliant health benefits and Employers other optional benefits for their Prospective Employees.
Success Fee refers to any time a Prospective Employee is hired directly by an Employer. Please see the Section labelled Success Fee below.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY MONIKL IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available at the Site. We will also update the “Last Revised” date at the top of the Agreement. Any changes to the Agreement will be effective immediately for new users of the Site or Service and will be effective thirty (30) days after posting notice of such changes on the Site for existing users, (“Users”). Monikl may require you to provide consent to the updated Agreement in a specified manner before further use of the Site or the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Service. Otherwise, your continued use of the Site and/or Service constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS AND CONDITIONS.
You agree to keep all information gained from using our Site confidential; you agree that (1) you will use any content submitted by Prospective Employees in accordance with applicable privacy and data protection laws; (2) you will not disclose the names or identities of any Prospective Employees outside of your recruiting or hiring department except to us; AND (3) you will take appropriate physical, technical and administrative measures to protect content you obtain through use of the Site and/or Service from loss, misuse, unauthorized access, disclosure, alteration or destruction. You also agree not to post, publicly or privately disclose or disseminate any job offers which you become aware of through our Site or Service.
Our Service may allow you to upload photos, resumes, and other information and may allow you to message or communicate with other users through our Service. Any information that you post, transmit or submit through our Site or Service will be referred to as “Content” throughout this Agreement.
By accepting these TERMS and CONDITIONS to use Monikl’s Site and Service, you have limited, non-transferable, non-exclusive, license to access and use the Site and Service. We reserve the right, in our sole discretion and without notice to you, to revise the products and Service available, and to change, suspend or discontinue any aspect of the Service and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Service or restrict your access to part, or all, of the Service without notice or penalty. Your continued use of the Service will constitute your acceptance of any such changes.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT DISPUTES YOU HAVE AGAINST MONIKL TO BINDING AND FINAL ARBITRATION. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST MONIKL ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
ELIGIBILITY & CONDUCT RULES
- You may use the Service only if:
- You are at least eighteen (18) years of age. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement
- Are able to form a binding contract with Monikl, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
- You have not been previously removed from the Service by Monikl, unless we provide you with specific written authorization to re-use the Service.
- You are not a competitor of Monikl or intend to use our Service for reasons that are in competition with Monikl or to otherwise replicate some or all of the Service for any reason.
- You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
- If you use Monikl on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
- The Service is intended for individuals seeking employment and for employers seeking candidates for employment. You may use the Service only for lawful purposes within the stated context of Monikl’s intended and acceptable use of the Service. Monikl is the sole interpreter of the Sites’ intended and acceptable use.
- Protect your password. Your Monikl account and any related Services accessed through such account are to be accessed and used solely by you. You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. Upon your successful registration for a Monikl account, you may not provide your password or otherwise permit access to your Monikl account to any third party. You are responsible for all uses of your account, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Service. You agree to notify Monikl immediately of any unauthorized use of your account or password.
- You may not delete or revise any Documents posted by any other User, Employer, Prospective Employee, person or entity.
- You may NOT use Monikl’s Service in any manner or for any purpose other than that which is expected (i.e., to apply for the job, to post a position or profile, to communicate with a prospective Employer or a Prospective Employee or to use Monikl’s Payroll Employee Service. Communications soliciting an Employer’s business are prohibited.
- You may not:
- Send unsolicited commercial emails within Monikl for any reason whatsoever.
- Post, communicate or transmit any Document(s) that infringe on any intellectual property, publicity or privacy right of another person or entity.
- Attempt to interfere in any way with the Service’s security, or attempt to use the Service to gain unauthorized access to any other computer system.
Prospective Employee Or Job Seekers Use Of Monikl Is Free
Monikl hereby grants Prospective Employees a limited, terminable, non-exclusive right to access and use the Sites only for your personal use for seeking employment opportunities for yourself. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Monikl reserves the right to suspend or terminate your use of the Sites for any reason at any time, in its sole discretion.
IF YOU ARE A PROSPECTIVE EMPLOYEE WHO IS USING OUR SITE AND/OR SERVICE, YOU AGREE THAT YOU WILL NOTIFY MONIKL IF YOU ACCEPT OR ARE OFFERED ANY EMPLOYMENT OFFER FROM AN EMPLOYER WHO FOUND YOU ON MONIKL. THIS INCLUDES ANY OFFER OF EMPLOYMENT WHETHER FOR AN INDEFINITE, TEMPORARY OR FIXED TERM, WHETHER AS AN EMPLOYEE, INTERN, GIG, INDEPENDENT OR W2 CONTRACTOR OR CONSULTANT AND / OR IF GIVEN AN EMPLOYMENT OFFER OF ANY TYPE OR DURATION DURING OR WITHIN TWELVE (12) MONTHS AFTER BEING CONTACTED BY OR COMPLETING A CONTRACT, TEMPORARY OR DIRECT HIRE EMPLOYMENT WITH ANY EMPLOYER WHO INITIALLY CONTACTED YOU THROUGH THE MONIKL SITE OR SERVICE.
If you are a Prospective Employee using our Site and/or Service, you also agree:
- To only upload Documents to the Site(s) that belong to you and on your own behalf and when you are seeking employment of any type, in any capacity.
- If you receive an Employment Offer, you shall promptly notify Monikl of your Start Date and the key terms of such Employment Offer (and notify Monikl promptly should that Start Date or offer terms change at any time).
- You shall provide Monikl with a copy of a fully executed Employment Offer letter, or execute a document between Employer, Monikl and Prospective Employee that states material employment terms, including, among other things, Start Date and compensation, promptly upon the signing of an Employment Offer letter between you and such Employer (the “Effective Date”).
- You will promptly notify Monikl after termination, for any reason, of your employment, regardless of the type of employment (“Employment”).
- You will promptly notify Monikl in the event that an Employer terminates your Employment based on unsatisfactory performance within ninety (90) days of the date on which your Employment commenced, or if you voluntarily terminate your Employment within ninety (90) days of the date on which your Employment commenced.
- In the event that before the Start Date, should either the Employer or the Prospective Employee elect not to begin the employment relationship contemplated, you agree to promptly notify Monikl of same.
- To immediately notify Monikl if you accept an Employment Offer of any type from an Employer who first contacted you through the Monikl Sites or Service, for a period of 12 months (one year) from the first contact with this Employer via Monikl.
EMPLOYERS OR JOB POSTERS
Users that are “Employers” are defined as any person or entity accessing the Service to post a job or accessing the Service for any reason related to the purpose of seeking candidates for employment (Prospective Employees). We may also sometimes refer to an Employer as a “Job Poster” when it is using the Service to post jobs. As an Employer, by using Monikl’s Services, you have the opportunity to find qualified talent and reduce the costs involved with hiring and retaining such talent. You are also an “Employer” if you use the Service to search for Prospective Employees, view resumes, post jobs, or use Monikl’s Payroll Employee Service (MPES) to have Prospective Employees submit new hire onboarding documents, or use MPES to manage existing employee human resource information.
EMPLOYERS AGREE THAT PROSPECTIVE EMPLOYEES MAY BE DIRECTLY HIRED BY THE EMPLOYER (INCURRING A “SUCCESS FEE) OR THAT THE PROSPECTIVE EMPLOYEES WILL BE PAYROLLED THROUGH MONIKL’S PAYROLL EMPLOYEE SERVICE (MPES).
Monikl hereby grants you, as a prospective Employer, a limited, terminable, non-exclusive right to access and use the Service only for your internal business use seeking candidates for employment. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by Monikl to any third party without the express written authorization of Monikl. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Monikl reserves the right to suspend or terminate your access and use at any time if Monikl determines that you are in breach of these TERMS and CONDITIONS.
Once we have accepted the registration of an Employer, you will be able to make contacts and interview requests (“Requests”) through the Service with Prospective Employees listed on our Site and Service that you feel may be a fit for your company.
POSTING RULES FOR EMPLOYERS:
- You may not post any Document to any Monikl Site that contains:
- URLs or links to websites other than Monikl’s website.
- Copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material).
- Trade secrets (unless you own them or have the owner’s permission to post them).
- Material that infringes on or misappropriate any other intellectual property rights or violates the privacy or publicity rights of others.
- Irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User).
- Anything that is embarrassing or offensive to another person or entity, or anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, hateful, threatening, harassing, or abusive.
- You may not use or post any Document(s) on Monikl to:
- impersonate another person, living or dead,
- post false, inaccurate or misleading information, opinions or notices (commercial or otherwise), phishing or scam information, chain letters, advertisements, solicitations of business (including, but not limited to, email processors, pyramid schemes or “club memberships”).
- Your Document(s) must contain sufficient detail to convey clearly to Prospective Employees the nature and requirements of the job opportunity. Documents that encourage the User to “email for more details” are not permitted.
- There is no charge for job postings but each job posting must describe an individual opening and be linked to company profile information placed on the Sites. You may not advertise different job openings or a laundry list of openings in a single posting.
- Postings may link to a free company Profile filled out by the Employer on Monikl. No URL links may be used on the Site to any location outside of Monikl.
- Monikl is under no obligation to monitor the Documents posted on the Sites, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at Monikl’s sole discretion.
- Users of the Monikl Site may only contact Prospective Employees via Monikl to initiate further discussion with the candidate regarding the Job Posting posted by you on Monikl. Should you offer the Prospective Employee a different position or job than the one posted on Monikl, you are still obligated and agree to pay either the Success Fee or to payroll the Prospective Employee through Monikl’s Payroll Employee Service.
- If at any time Monikl comes to the understanding that you misled Monikl regarding your business practices and/or services, or utilized Monikl to misrepresent your precise business, Monikl reserves the right to terminate your Agreement.
IF YOU ARE AN EMPLOYER WHO IS USING OUR SITE AND/OR SERVICE, YOU AGREE THAT YOU WILL NOTIFY MONIKL IF YOU MAKE AN EMPLOYMENT OFFER OF ANY TYPE, DURATION OR KIND TO A PROSPECTIVE EMPLOYEE CONTACTED OR FOUND VIA THE MONIKL SITE OR SERVICE. THIS INCLUDES ANY OFFER OF EMPLOYMENT WHETHER FOR AN INDEFINITE, TEMPORARY OR FIXED TERM, WHETHER AS AN EMPLOYEE, INTERN, INDEPENDENT OR W2 CONTRACTOR OR CONSULTANT. THIS ALSO INCLUDES ANY EMPLOYMENT OFFERS GIVEN OF ANY TYPE OR DURATION DURING OR WITHIN TWELVE (12) MONTHS AFTER YOUR INITIAL CONTACT WITH THE PROSPECTIVE EMPLOYEE CONTACTED OR FOUND VIA THE MONIKL SITE OR SERVICE. SPECIFICALLY:
- Once an Employer has discovered a Prospective Employee on our Site or Service, the Employer agrees to communicate exclusively with the Prospective Employee through our Site and Service for the duration of the pre-in-person-interview process. The Employer and the Prospective Employee may use other means of communication during the final hiring process. The Employer agrees not to attempt to circumvent Monikl by independently attempting to communicate and hire the Prospective Employee through alternative means after discovering the Prospective Employee on our Site or Service, or try to avoid the Success Fee in any manner.
- If you make an Employment Offer, you shall promptly notify Monikl of the Prospective Employee’s Name, Start Date, Compensation Rate, and the key terms of such Employment Offer (and notify Monikl promptly should that Start Date or offer terms change at any time)
- You shall provide Monikl with a copy of a fully executed Employment Offer letter, or execute a document between Employer, Monikl and Prospective Employee that states material employment terms, including, among other things, Start Date and compensation, promptly upon the signing of an Employment Offer letter between you and the Prospective Employee (the “Effective Date”).
- You will promptly notify Monikl after termination, for any reason, of your employment of this employee, intern, coop employee, consultant or contractor.
- You will promptly notify Monikl in the event that you terminate an Employee found via the Monikl Site or Service for unsatisfactory performance within ninety (90) days of the date on which the Employment commenced, or if the Employee voluntarily terminated his or her Employment within ninety (90) days of the date on which the Employment commenced.
- In the event that before the Start Date, should either you or the Prospective Employee elect not to begin the employment relationship contemplated, you agree to promptly notify Monikl of same.
- To immediately notify Monikl if you make an Employment Offer of any type to a Prospective Employee whom you first contacted through the Monikl Sites or Service, for a period of 12 months (one year) from the first contact with this Employee via Monikl or for a period of 12 months (one year) after the Prospective Employee’s prior employment with you via the Monikl Site or Service.
BACKGROUND CHECKS AND VERACITY
You understand that Monikl does not inquire into the backgrounds of its users or attempt to verify the statements of its users (although it reserves the right to conduct any background check or other screenings at any time using available public records), and that you are responsible for conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a Prospective Employee.
Employers, through Monikl, may request one of several different fee-based background checks on Prospective Employees.
Monikl is a monthly subscription product. The cost is determined by the package chosen. Package options may be found at https://www.monikl.com/employer-pricing/
All subscriptions will automatically renew unless cancelled by you before the automatic renewal date.
All Postings will remain live for 45 days, after which they will automatically no longer visible unless renewed by you as per the terms of the subscription chosen.
CHANGES IN FEES AND BILLING METHODS
Monikl reserves the right at any time to change its fees (including to begin charging for services that it is currently providing free of charge) and billing methods, either immediately upon posting on the Site or by email delivery to you.
INTELLECTUAL & PROPRIETARY RIGHTS & USE OF AGGREGATE DATA
The Sites, the Monikl Materials and all right, title and interest in and to the Sites and Monikl Materials are the sole property of Monikl, Inc. The Service and all materials therein, including, without limitation, software, images, text, HTML code, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the, “Monikl Sites”), and all Intellectual Property Rights related thereto, are the exclusive property of Monikl, Inc. Nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service.
Use of Aggregate Data. You understand and agree that Monikl owns and has the right to collect, extract, compile, synthesize, and analyze Aggregate Data. Monikl may use such Aggregate Data for any lawful business purpose without any duty of accounting to you, provided that the data and information is used only in an aggregated and anonymized form so that it cannot be identifiable as relating to you, your Company or to any other Job Seeker. “Aggregate Data” means de-identified aggregate data or information regarding Job Seekers’ educational or career history (including, by way of example and not limitation, aggregate data relating to Job Seekers’ occupation, location, salary, education and experience).
You also agree that you have a duty to defend us against such claims. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, settlements and disbursements.
LIMITATION OF LIABILITY
Monikl assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise. IN NO EVENT SHALL MONIKL, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON MONIKL BE LIABLE TO ANY USER OF THE MONIKL SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE MONIKL SITES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF MONIKL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
In no event shall the total liability of Monikl, its affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates or third parties providing information on the Monikl sites exceed the amount you paid to Monikl in connection with the event giving rise to such liability for all damages, losses, and causes of action resulting from your use of the Monikl sites, whether in contract, tort (including, but not limited to, negligence) or otherwise. You hereby acknowledge that the preceding paragraph shall apply to all content AND services available ON THE MONIKL SITES.
Your ability to use or interact with the Site(s) and Services is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations, of this Agreement or any applicable law at our sole discretion.
Monikl is not liable in any way, or obligated to enforce, any agreements signed between an Employer and a Prospective Employee. You will not consider Monikl, nor will Monikl be construed as, a party to such transactions, whether Monikl receives some form of remuneration in connection with the transaction, and Monikl will not be liable for any costs or damages arising out of or related to such transaction.
DISPUTE RESOLUTION / AGREEMENT TO ARBITRATE
BINDING ARBITRATION – YOU agree that all disputes or claims that have arisen or may arise between you and Monikl or its affiliates, whether relating to the Sites, Service, this Agreement (including any alleged breach thereof), or otherwise (each a “Dispute”), shall be resolved exclusively through final and binding arbitration, rather than a court. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU UNDERSTAND THAT ABSENT THIS CLAUSE TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. You are agreeing to GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes, each available at www.adr.org or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by you and Monikl. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Monikl may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
You also agree that: (1) ANY CLAIMS BROUGHT BY YOU MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
You also agree that the arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages in excess of the amounts allowed in this Agreement. Under no circumstances shall any award be more than the monthly subscription cost you purchased. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by United States federal law.
Notwithstanding the foregoing, either you or Monikl may bring an individual action in small claims court.
Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Broward County, Florida. In addition, the Company may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
With the exception of the provision above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
Any non-action by Monikl to enforce a breach of this Agreement does not constitute a waiver of Monikl’s right to enforce the Agreement. You may not assign or transfer this Agreement.
USER COMMENTS ENCOURAGED
Monikl welcomes your comments regarding the Services and the Sites and appreciates hearing from you. You agree that any feedback, comments, or suggestions you may provide regarding Monikl or the Service are entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
If you send Monikl creative suggestions, ideas, drawings, concepts, inventions, or other information (a “User Submission”), you understand and agree that the User Submission shall become the property of Monikl. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on Monikl’s part, and Monikl will not be liable for any use or disclosure of any User Submission.
With respect to any materials you submit or make available to Monikl, you grant Monikl a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials.
If you have any questions about this Agreement, the practices of this site, or your dealings with this website, please contact us at firstname.lastname@example.org