MONTHAVEN TERMS OF USE AND USER AGREEMENT
Effective Date: November 24, 2025
Olympus Group Holdings, LLC a Florida limited liability company DBA MONTHAVEN (“Monthaven,” “we,” “our,” “us”) welcomes you to use our website, its associated subdomains, applications, and any related features or services (collectively, our “Services”), which are owned and operated by MONTHAVEN. By using our Services, you are agreeing to the following Terms of Use and User Agreement ("Terms"), whether or not you are a registered customer of Monthaven. We reserve the right to update these Terms from time to time without notice to you. However, you can always find the latest Terms at Monthaven.club/site/terms and should check regularly for updates and changes. In addition, when using the Services, you will subject to any posted policies, guidelines, or rules applicable thereto. All policies, guidelines, and rules are hereby incorporated by reference into these Terms. You further agree that, except as otherwise expressly provided in these Terms, no third-party beneficiaries to this agreement are permitted.
IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE OUR SERVICES, SINCE YOUR USE OF THEM CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE.
Minors: If you are a minor, you are not permitted to use or access our Services under any circumstances. You must be at least 21 years of age to create an account or use any aspect of the Services. If you are under 21, do not submit any personal information and do not access or use Monthaven or any of its Services at any time.
Description of Services:
Monthaven provides an exclusive, invitation-only digital platform designed to connect qualified high-net-worth individuals and support private community engagement. Access to the Services is restricted to approved members, and non-registered users are not permitted to access or browse any portion of the Services. Registered members (“Users” or (“Members”) may create, share, and interact with Content (as defined in Section 4 below), participate in private member groups, post and discover events, create and view marketplace listings, communicate with other members, and access curated experiences and premium resources made available within the community. The Services are provided in a privacy-focused environment intended to support meaningful interactions and high-quality member experiences. The Services are provided in a privacy-focused environment intended to support meaningful interactions and high-quality member experiences.
THE SERVICES ARE PROVIDED "AS IS" AND MONTHAVEN ASSUMES NO RESPONSIBILITY FOR DELAYS, NON-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION OR USER-GENERATED CONTENT. ADDITIONALLY, MONTHAVEN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OR AVAILABILITY OF ANY CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE SERVICES, WHETHER PROVIDED BY MONTHAVEN, OTHER MEMBERS, OR THIRD PARTIES. THE SERVICES ARE OFFERED IN AN INVITATION-ONLY, PRIVATE ENVIRONMENT AND ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
Unless explicitly stated otherwise, any new features made available through the Services, including, without limitation, new Monthaven functionalities, member tools, curated experiences, or other offerings introduced within the private platform, are subject to the then-current Terms.
All Monthaven users must abide by these Terms. If a user fails to follow any of the guidelines and/or rules of behavior, Monthaven may suspend or terminate such user’s access to the Services at any time, in Monthaven’s sole discretion. In addition, we reserve the right to remove, restrict, or disable access to any Content, or to take any other action we deem reasonably necessary to maintain the quality, integrity, and safety of our private community. We may also review or provide comment on any Content, topic, or member profile that we find inappropriate, inaccurate, misleading, or otherwise objectionable, in our reasonable discretion.
You may only use the Services for purposes expressly permitted by these Terms. As a condition of your use of Monthaven, you represent and warrant to Monthaven that you will not use the Services for any purpose that is unlawful, offensive, inconsistent with the standards of our private, invitation-only community, and/or prohibited by this Terms.
You alone are fully responsible for any activity that takes place on Monthaven under your
users ID and account. If you become aware of any unauthorized use of your user ID or
account, it is your responsibility to notify Monthaven immediately. It is up to you to
maintain the confidentiality of your password and user ID at all times.
You understand and agree that you may receive service-related or administrative
communications from Monthaven, such as notices about your account, membership
status, security alerts, or updates to our Services or policies. You further understand and
agree that these communications are not "unsolicited commercial email advertisements”
and are necessary for the operating and maintenance of your account. As such, to
ensure receipt of these communications, you will not be able to opt out of receiving these
administrative and transaction communications.
Monthaven does not currently display third-party advertisements within the Services and
does not presently engage in any advertising-based business models. However,
Monthaven reserves the right to introduce advertising features or promotional
partnerships in the future, and any such changes will be disclosed in an updated version
of these Terms and our Privacy Policy. Members will not receive marketing
communications from external advertisers through the Services unless and until such
features are implemented in accordance with applicable law, and Monthaven does not
sell, share, or permit access to member information for advertising purposes except as
expressly permitted under an updated Privacy Policy. Any interactions, communications,
or transactions initiated between members are solely between the members, and
Monthaven is not responsible or liable for any damage caused as a result of such
interactions, communications or transactions.
You understand that you are responsible for obtaining access to the Services and that
access may involve third-party fees. You are totally responsible for obtaining such access
and paying those fees.
YOU MUST BE AT LEAST 21 YEARS OF AGE TO CREATE AN ACCOUNT OR USE
ANY ASPECT OF THE SERVICES. IF YOU ARE UNDER 21, DO NOT SUBMIT ANY
PERSONAL INFORMATION AND DO NOT ACCESS OR USE MONTHAVEN OR ANY
OF ITS SERVICES AT ANY TIME.
Registration
In order to use certain aspects of the Services, you are required to register and create an
account. We refer to registered users as “members” or “users”. Registered users are
subject to the following specific terms in addition to all of the other terms in this
Agreement:
• In consideration of your use of the Services, you represent that you are at least
twenty-one (21) years of age, are of legal capacity to form a binding contract, and
are not a person barred from receiving the Services under the laws of the United
States or other applicable jurisdiction.
• You acknowledge that membership with Monthaven is contingent upon meeting
certain financial qualification criteria established by Monthaven, which may include
income, asset, or lifestyle verification. You agree that Monthaven in its sole
discretion, may request supporting information or conduct independent verification,
directly or through third-party service providers, to confirm your eligibility. You
further agree to cooperate with any such verification process. Monthaven reserves
the right to approve, deny, or revoke membership based on its assessment of your
financial qualifications, and such decisions will be final.
• You agree to provide true, accurate, current and complete information as required
on the application and/or registration form. If you provide any information that is
untrue, incomplete, not current or inaccurate, Monthaven has the right to suspend
or terminate your account and refuse your current or future use of the Services (or
any portion thereof).
• You agree that Monthaven may, under certain circumstances and without prior
notice, immediately terminate your account, any associated username, user ID
and/or access to the Services. Cause for such termination shall include, but is not
be limited to: (i) a breach or violation of these Terms or other Monthaven’s policies,
guidelines, or rules (including without limitation the Privacy Policy), (ii) extended
periods of inactivity, (iii) your suspected engagement in fraudulent or illegal
activity, (iv) unexpected technical or security issues, and (v) requests by law
enforcement or other government agencies. You also agree that any termination is
in Monthaven’s sole discretion and that Monthaven will not be liable to you or any
third party for any termination of your account, password, user ID, deletion of
Content and/or access to the Services.
• You agree that your account is non-transferable and any rights to your account,
password, user ID, and all membership privileges terminate upon your death or
disability and/or termination of account for any reason.
• You are responsible for any activities that take place under your user ID and
password. If you become aware of any unauthorized use of your password or
account, or any other breach of security, contact Monthaven immediately. It is up
to you to maintain the confidentiality of your password and account. Monthaven is
not responsible or liable for any loss or damage arising from your failure to comply
with the provisions of these terms.
Fees, Billing and Payment Terms
(a) Membership Fees. Access to the Services requires acceptance into Monthaven’s
private membership platform and payment of all applicable membership fees.
Membership fees are billed on an annual basis unless otherwise expressly stated at the
time of enrollment. All membership fees must be paid in advance and are non-refundable,
except where prohibited by applicable law or expressly stated otherwise by Monthaven in
writing. Your continued access to the Services is conditioned upon timely payment of all
membership fees.
(b) Payment Processing. All payments made to Monthaven are processed through a
third-party payment processor. By submitting payment information, you authorize
Monthaven’s designated processor to charge your selected payment method for all
applicable fees. Monthaven does not store, collect, or maintain full credit card numbers or
other sensitive payment information. Your use of the payment processor is subject to that
provider’s terms, conditions, and privacy practices, for which Monthaven is not
responsible.
(c) Automatic Renewal. Monthaven may automatically renew your membership; in such
case, you will be notified at the time of enrollment of the automatic renewal. By enrolling
in an auto-renewing membership, you authorize Monthaven to automatically charge your
payment method at the then-current membership rate at the beginning of each renewal
term unless you cancel your membership in accordance with the cancellation procedures
provided in your account settings or other designated location.
(d) Marketplace Transactions. The Services may allow members to list, sell, purchase,
or otherwise engage in peer-to-peer transactions through the marketplace. Monthaven is
not a party to any transaction between members, does not process payments for
marketplace transactions, and does not hold or transfer any funds on behalf of members.
All pricing, payment, refunds, shipping arrangements, disputes, warranties, and other
transaction terms are solely between the participating members.
(e) Marketplace Fees. Any fees, commissions, or payment obligations arising from
marketplace transactions are established directly between the members involved or
through third-party payment platforms used by the members. Monthaven does not charge
fees, commissions, referral payments, or transaction-based compensation for
marketplace activity unless expressly stated otherwise.
(f) No Liability for Member Transactions. You acknowledge and agree that Monthaven
is not responsible or liable for any disputes, losses, damages, fraud, payment issues,
product quality issues, or other matters arising out of or relating to any marketplace
transaction or interaction between members. You are solely responsible for verifying the
legitimacy, quality, safety, and terms of any marketplace offering or transaction.
(g) Taxes. You are solely responsible for determining and paying any applicable taxes
related to your membership fees or to any marketplace transactions in which you
participate. Monthaven does not provide tax, legal, or financial advice.
Rules of Behavior
As a member of Monthaven, you agree to conduct yourself with professionalism,
discretion, and respect for the integrity of our private community. Monthaven is an
exclusive, invitation-only environment designed for high-net-worth individuals, all
members are required to adhere to the following rules of behavior at all times:
(a) Responsibility for Your Content and Communications. You are solely responsible
for all Content and communications you create, upload, post, share, or otherwise provide
through the Services, including, without limitation, messages, images, listings, event
details, videos, comments, profile information, and any other material you contribute to
the platform. You agree to use the Services only to share Content that is appropriate,
lawful, and consistent with the standards and values of our private community.
(b) Respectful Conduct. You must not abuse, defame, harass, stalk, threaten,
intimidate, or otherwise harm or attempt to harm any other member. You must conduct
yourself in a courteous and respectful manner at all times.
(c) Privacy, Confidentiality, and Discretion. You must not violate the privacy,
confidentiality, or publicity rights of others. You must not screenshot, record, share,
distribute, disclose, or otherwise misuse any content, communications, profiles, posts,
event information, or marketplace details belonging to other members or to Monthaven.
All information within the Services is private and confidential and may not be shared
outside the platform under any circumstances.
(d) Prohibited Content. You must not upload, post, or link to any material that is
inappropriate, defamatory, discriminatory, infringing, obscene, vulgar, hateful, harassing,
fraudulent, misleading, or unlawful. You must not promote or provide information about
illegal activities, or post communications that could reasonably cause harm, loss, or injury
to any person or entity.
(e) Marketplace Conduct. You must not post any listings or engage in any marketplace
activities that involve counterfeit goods, fraudulent items, misrepresented items, stolen
property, dangerous items, or any goods or services that you are not legally permitted to
sell. You must accurately represent all items offered. You must not use the marketplace
to collect information about buyers, sellers, or other members for any unauthorized
purpose. All marketplace transactions are strictly between the participating members.
(f) Event Conduct. You must not create or promote events that are fraudulent, unsafe,
misleading, or inappropriate. You must accurately describe any event you post and must
not share another member’s private event information outside the platform without such
member’s consent. You must conduct yourself responsibly at all events organized
through the Services.
(g) No Unauthorized Commercial Activities. You must not engage in promotional or
commercial activity except as expressly permitted within the designated marketplace or
event features of the Services. You must not solicit business, raise funds, run advertising,
or conduct unauthorized commercial endeavors on the platform.
(h) Prohibition on Data Collection and Scraping. You must not harvest, scrape, mine,
copy, collect, store, or otherwise obtain information about other members, including
without limitation names, user IDs, images, profiles, posts, listings, communications, or
other personal or confidential information, without the prior express written consent of
each affected member. Automated data collection tools (including spiders, robots,
crawlers, scrapers, or similar technologies) are strictly prohibited.
(i) Intellectual Property. You must not upload or post any material that infringes the
intellectual property rights of any party. You must obtain all necessary permissions prior
to posting such content and agree to provide proof of such permissions to Monthaven
upon request.
(j) Authentic Identity and Account Integrity. You must not impersonate any person or
entity, misrepresent your identity, create false or misleading profiles, or create accounts
under fraudulent pretenses. You must not use or attempt to use another member’s
account or credentials.
(k) Prohibited Technical Activities. You must not transmit viruses, malware, worms,
Trojan Horses, corrupted files, or any harmful code using the Services. You must not
interfere with the functionality, security, or performance of the Services or attempt to gain
unauthorized access to any part of the platform.
(l) No Disruption of Community Experience. You must not disrupt, interfere with, or
negatively impact the normal flow of interactions, discussions, or activities within the
Services. You must not attempt to manipulate or degrade the experience of other
members.
(m) Compliance with Laws. You must comply with all applicable federal, state, and local
laws when using the Services. If you access the Services from outside the United States,
you are solely responsible for complying with all local laws, including those governing
online conduct, data transmission, and permissible Content.
(n) Use of Monthaven Name and Brand. You must not use Monthaven’s name, logo,
marks, or brand assets or anything similar to the Monthaven or brand assets without prior
written authorization. You must not imply or suggest that Monthaven endorses your
Content, business, or activities.
(o) Acknowledgment of Community Risk. While Monthaven prohibits the conduct
described above, you acknowledge and agree that you may be exposed to content or
conduct that violates these Rules of Behavior. You use the Services at your own risk, and
Monthaven is not responsible or liable for such conduct by any member or third party
unless expressly stated otherwise in writing.
(p) Enforcement and Termination. If you violate any of these Rules of Behavior,
Monthaven may suspend or terminate your membership and access to the Services
immediately, without prior notice and without any right to refund, set off, or hearing.
Content
As a registered Member, you will be able to upload and post a wide variety of materials
and information, including but not limited to social posts with text, audio, video,
photographs, and graphics, event listings, marketplace listings, direct messages, profile
information, and other materials ("Content"). This means that you are fully responsible,
not Monthaven, for all of the Content you upload, post, email, transmit, or otherwise make
available through the Services, and to make sure that you are in compliance with the
rules of behavior set forth herein relating to such Content. Any Content that you write,
post, upload or link to on Monthaven is entirely your responsibility.
Monthaven shall have no responsibility or liability of any kind with respect to any Content
posted by you or other users of the Services, including without limitation any marketplace
listings, event information, messages, or other user-generated materials. You agree that
you must assess and bear all risks associated with your use of any Content. In this
regard, you may not rely on any Content created by other Monthaven members or
otherwise created, distributed and displayed on any part of the Service. Monthaven does
not pre-screen or review all Content posted via the Services and is not obligated to do so,
as such, it does not guarantee the accuracy, integrity or quality of such Content.
The Content created by you must be owned by you, or you must have been granted the
prior permission to use such Content by its owner. Monthaven does not own any of the
Content you post. By placing Content on the Services you are providing Monthaven, with
a worldwide, irrevocable, royalty-free, unlimited, non-exclusive license to host, store,
display, reproduce, and transmit your Content, in whole or in part, for the purpose of
operating and providing the Services to you and other authorized members, and for the
purpose of editorial and promotional purposes of the platform.
You retain ownership of all Content you post through the Services. Except as expressly
permitted by you, other members are not authorized to copy, reproduce, distribute,
display, or otherwise use your Content outside the Services, and all such Content is
subject to the privacy, confidentiality, and non-disclosure obligations set forth in these
Terms. Monthaven is not responsible for enforcing any rights you may claim in any
Content, which shall be your responsibility entirely, and you agree to hold harmless,
defend, and indemnify Monthaven with respect to any claim you have that other users are
reproducing or using your Content without authorization, as well as for claims by other
users that you are reproducing or using their Content without permission. Monthaven will
not arbitrate, mediate, or resolve any intellectual property or other disputes between
users, and has no responsibility for doing so other than as may be specifically required by
law.
You acknowledge that Monthaven may or may not pre-screen Content but that
Monthaven and its designees have the right, but not the obligation to, in its sole
discretion, review, monitor, pre-screen, refuse, move, edit, and/or delete any Content that
violates these Terms and/or is otherwise objectionable as determined by Monthaven in its
sole discretion.
Monthaven may preserve and store your account information and Content if it believes in
good faith that such preservation is necessary to comply with legal or regulatory
processes, respond to claims that the Content violates the rights of third parties, and/or to
protect the rights, property or personal safety of Monthaven, its users and the public.
Monthaven respects the intellectual property of others, and we request our users do the
same. In certain circumstances and at its discretion, Monthaven may, but is not obligated
to disable, suspend, and terminate the accounts of members who may be infringing on
the rights of others. If you believe that your Content has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have otherwise
been violated, please contact Monthaven as soon as practically possible by using our
contact form and providing the following information:
a) an electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright or other intellectual property interest;
b) c) a description of where the material you claim is infringing is located on the site;
your name, address, telephone number, and email address;
d) a statement claiming that you have a good faith belief that the disputed use has not
been authorized; and
e) a statement by you made under penalty of perjury, that the above information is
accurate and that you are the copyright or intellectual property holder or our
authorized to act on behalf of the holder.
Suggestions and Feedback
Any feedback, comments, ideas, improvements, or suggestions (collectively,
“Suggestions”) that you provide to Monthaven regarding the Services will remain the sole
and exclusive property of Monthaven. Monthaven is free to use, copy, modify, disclose,
publish, or otherwise exploit the Suggestions for any purpose without any obligation of
credit or compensation to you.
Ratings, Reviews, and Feedback
The Services may allow you to submit ratings, reviews, or feedback regarding events,
marketplace transactions, or interactions with other members (“Ratings”). Any Ratings
you submit are provided solely for informational purposes and reflect your personal
opinion and experience. Monthaven does not verify, endorse, investigate, or guarantee
any Ratings, and makes no representations regarding their accuracy, reliability, or
completeness.
You understand and agree that:
• Ratings are user-generated Content and are subject to all terms applicable to
Content in this Agreement.
• Ratings do not constitute recommendations, evaluations, endorsements, or
assessments by Monthaven.
• Other members may rely on Ratings at their own risk.
• You are solely responsible for the truthfulness and lawfulness of any Ratings you
submit.
• Monthaven may remove, edit, restrict, or decline to post any Rating at any time, in
its sole discretion.
• Monthaven has no liability for any loss, harm, or dispute arising from or relating to
any Rating submitted by you or any other member.
Links
The Services may provide, or third parties, including Monthaven members, may provide,
links to other websites or resources, which are not maintained by or related to
Monthaven. Links to such sites are provided as a convenience to our users and are not
sponsored by, endorsed or otherwise affiliated with Monthaven. Monthaven has no
control over these sites and their content, and makes no representations or warranties
about the content, completeness, quality or accuracy of the links, materials or information
contained on any such website. Therefore, you acknowledge and agree that Monthaven
is not responsible for the availability of such links, resources and content, and does not
endorse, and is not responsible or liable for, any content, advertising, products, or other
materials made available on or from these linked websites. You also acknowledge and
agree that Monthaven is not responsible or liable, directly or indirectly, for any damage or
loss caused by or alleged to have been caused by, or in relation to, the use of any
Content, goods or services offered through these links or any failures and/or disruption to
your computer system that results from your use of any such links, or for any intellectual
property or other third party claims relating to your posting or using such links. YOU
AGREE THAT IF MONTHAVEN REQUESTS YOU TO DISABLE ANY LINK YOU HAVE
POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING SUCH
REQUEST, MONTHAVEN HAS THE RIGHT TO DISABLE THE LINK WITHOUT ANY
FURTHER NOTICE TO YOU.
Term and Termination
These Terms shall remain in effect until terminated by Monthaven or by you, with
Monthaven’s written consent.
Monthaven may, in its sole discretion, at any time and for any or no reason, suspend or
terminate your membership, your account, your access to the Services, and/or these
Terms, with or without prior notice.
If you terminate these Terms, you must cease all use of the Services, and Monthaven
may delete or disable access to your account and any Content associated with your
account, subject to Monthaven’s data retention and legal compliance obligations. If you
continue to use the Services after terminating these Terms, such termination will be null
and void.
All provisions of these Terms that by their nature should survive termination shall survive,
including without limitation provisions relating to fees owed, confidentiality, intellectual
property, disclaimers, limitations of liability, indemnification, arbitration, and governing
law.
Indemnity.
You agree to indemnify, defend, and hold Monthaven, its subsidies, affiliates, officers,
agents, and other partners and employees, harmless from any and all loss, cost, injury,
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liability, claims, damages, or demand of any kind, including actual attorney's fees and
related costs, made by or arising out of your use of the Services in violation of these
Terms and/or your violation of any rights of another or any applicable law, rule or
regulation.
No Resale of Services
You agree not to, without the express prior written consent of Monthaven in each
instance: reproduce, duplicate, copy, sell, resell, or exploit, for any commercial or other
purposes, any portion of the Services or content or other information or materials of any
kind that you do not own.
Modification and Termination of the Services
Monthaven reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Services (or any part thereof) with or without notice. You
agree that Monthaven will not be liable to you or any third party for the consequences of
any modification, suspension or discontinuance of the Service.
Monthaven’s Privacy Policy
Personal and certain other information is subject to our Privacy Policy. As a condition of
using the Services, you agree to the terms of the Privacy Policy, as it may be changed
and updated from time to time. Our Privacy Policy, which is incorporated here by
reference, is located at https://monthaven.club/site/privacy. You agree that your use of
the Services is subject to the Privacy Policy, and therefore, agree that you will not use the
Services unless and until you review the Privacy Policy and agree with its terms in its
entirety.
Practices regarding Use and Storage
You acknowledge that Monthaven may establish general practices and limits regarding
use of the Services including, without limitation, the maximum number of messages,
notifications, or communications which may be sent or received from an account, the
maximum size of any files or attachments that may be transmitted or stored, the
maximum amount of disk space that will be allotted on Monthaven’s servers on your
behalf, and the maximum number of times and duration for which you may access the
Services in a given time. You agree that Monthaven has no responsibility or liability for
the deletion or failure to store or transmit any messages, communications, Content, or
other data maintained or transmitted by the Service. You acknowledge and agree
that Monthaven reserves the right to log off accounts and deactivate user IDs and
accounts that are inactive for an extended period of time. You further acknowledge
that Monthaven has the right to modify these practices and limits from time to time.
Monthaven Proprietary Rights; Trademarks and Copyrights
You acknowledge and agree that the Services and any necessary software used in
connection with the Services ("Software") contain proprietary and confidential information
that is the property of Monthaven and its licensors, and is protected by applicable
intellectual property and other laws. No rights or title of to any of the Software used in
connection with any Services is provided, transferred or assigned to you. You further
acknowledge and agree that content contained in the information presented to you
through the Services is protected by copyright, trademarks, service marks, patents,
privacy, and/or other proprietary rights and laws. Except as expressly authorized by
Monthaven, you agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Services or Software, in whole or in part, at any time. You also
acknowledge Monthaven’s exclusive rights in the Monthaven trademark and service
mark. Trademarks, service marks, logos, and copyrighted works appearing on
Monthaven’s website are the property of Monthaven or the party that provided such
intellectual property to Monthaven. Monthaven and any party that provides intellectual
property to Monthaven retain all rights with respect to any of their respective intellectual
property appearing on Monthaven, and no rights in such materials are transferred or
assigned to you, in whole or in part, at any time.
No Co-Branding or Framing
You may not use or authorize any party to co-brand or frame Monthaven or any Services
without the express prior written permission of an authorized representative of Monthaven
as applicable, in each instance. For purposes of these Terms, "co-branding" means to
display a name, logo, trademark, or other means of attribution or identification of any
party in such a manner as is reasonably likely to give a user the impression that such
other party has the right to display, publish, or distribute Monthaven in whole or in part,
and/or any content accessible within Monthaven. For purposes of these Terms, "framing"
refers to displaying any Monthaven webpage or Services within a bordered area of
another website, regardless of whether the address of the originating Monthaven
Services are visible. You further agree to cease any unauthorized co-branding or framing
immediately upon notice from Monthaven.
Disclaimer of Warranties
The use of the Services is at your sole risk. The Services are provided on an "as is" and
"as available" basis. MONTHAVEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT.
MONTHAVEN MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR
REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY SECURE,
OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICES WILL BE
ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH
YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (5) THAT
THE SOFTWARE WILL BE ERROR-FREE AND/OR ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
No advice or information, whether oral or written, obtained by you from Monthaven or
through or from the Services shall create a warranty not expressly stated in these Terms.
Limitation of Liability
Page 11 of 14Monthaven Terms of Use and User Agreement
You expressly understand and agree that Monthaven will not be liable to you for any
direct, indirect, incidental, special, consequential, exemplary, or punitive damages,
including but not limited to, damages for loss of profits, goodwill, use, data, or other
intangible losses, even if Monthaven has been advised of the possibility of such damages
or such damages were reasonably foreseeable, resulting from the use or the inability to
use the Services, unauthorized access to or alteration of your transmissions or data,
statements or conduct of any third party including advertisers on the Services, the cost of
procurement of substitute goods and services resulting from any goods, data, information
or services purchased or obtained or messages received or transactions entered into
through or from the Services, and/or any other matter relating to the Services. In no event
will Monthaven be liable to you for any amount of money over One Hundred U.S. Dollars
($100.00), which you acknowledge to be a fair and reasonable sum in the event of any
loss by you of any kind.
Special Admonition for Services Relating to Financial Matters
If you receive or request any information, messages, posts, listings, discussions, or other
Content from the Services relating to business matters, luxury assets, marketplace
offerings, services, or opportunities, remember that Monthaven does not provide
professional, financial, investment, legal, or other advisory services, and no Content
included or information made available by the Services is intended to serve as advice or
guidance of any kind. Monthaven and its licensors are not responsible or liable for the
accuracy, usefulness or availability of any information transmitted or made available via
the Services, and are not responsible or liable for any business, financial, marketplace, or
transactional decisions or actions made by you or any users based on such information
or Content.
Personally Identifiable Information
Monthaven cautions you against giving out any personally identifying information about
yourself or any other member through any of the Services except as expressly permitted
within designated features such as your profile, messaging, events, or marketplace
listings. Given the private and confidential nature of the community, you are expected to
exercise discretion and respect the privacy of others at all times. In an effort to preserve
your privacy, Monthaven agrees that it will treat any personally identifying information that
you submit through the Services in accordance with the terms outlined in its Privacy
Policy located at https://monthaven.club/site/privacy.
Disclosures Required by Law
Monthaven reserves the right at all times to disclose any information, including personally
identifiable information about you, as necessary to satisfy any applicable law, regulation,
legal process or governmental request. Monthaven reserves the right to fully cooperate
with any law enforcement authorities or court order requesting or directing Monthaven to
disclose the identity of anyone posting any content, or publishing or otherwise making
available any materials that are reasonably believed to violate these Terms. Monthaven
will use reasonable efforts to notify you in connection with any such inquiry; provided,
however, that the inquiry in question is not confidential, and further provided that
Monthaven has no duty to disclose such information and therefore shall not be liable to
you in connection with any non-disclosure.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL RIGHTS AND AGREE TO
HOLD MONTHAVEN HARMLESS FROM ANY CLAIMS RESULTING FROM ANY
ACTION TAKEN BY MONTHAVEN DURING OR AS A RESULT OF ITS
INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER MONTHAVEN ANY LAW ENFORCEMENT OR
REGULATORY AUTHORITIES.
Disputes
Before initiating arbitration, you and Monthaven agree that either party must first send the
other a “Notice of Dispute.” The Notice of Dispute must include the name, address, and
contact information of the party providing the notice, a description of the facts giving rise
to the dispute, and the specific relief requested. You must send your Notice of Dispute to
the Monthavens’ registered agent. Monthaven will send any Notice of Dispute to you by
mail to your last known physical address, if available, or otherwise to your email address.
You and Monthaven agree to attempt in good faith to resolve the dispute through informal
negotiations for sixty (60) days from the date the Notice of Dispute is received. If the
dispute is not resolved within sixty (60) days, either party may commence arbitration.
If there is any dispute, claim, or controversy arising out of or relating to Monthaven, the
Services, these Terms, or your membership, you agree that such dispute shall be
resolved exclusively through binding arbitration, rather than in court, except that you may
assert qualifying claims in small claims court. The arbitration shall be conducted on an
individual basis before a single arbitrator administered by the American Arbitration
Association (“AAA”) pursuant to its Consumer Arbitration Rules, unless the parties
mutually agree to a different set of applicable rules. You further agree that the Federal
Arbitration Act (“FAA”) governs the interpretation and enforcement of this arbitration
agreement.
YOU AND MONTHAVEN AGREE THAT ALL CLAIMS MUST BE BROUGHT IN YOUR
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE
PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE
PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A
REPRESENTATIVE OR CLASS PROCEEDING.
The arbitrator shall have exclusive authority to resolve any dispute relating to the
interpretation, applicability, enforceability, or formation of this arbitration agreement.
Judgment on the arbitration award may be entered in any court having jurisdiction.
You agree that the dispute will be governed by the laws of the State of Florida, without
regard to conflict of law provisions. Except for actions to enforce an arbitration award, you
agree to personal and exclusive jurisdiction by and venue in the state and federal courts
of Pinellas County, Florida.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY,
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF
THE SERVICES OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER
SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Miscellaneous Terms; General Information
These Terms govern the terms and conditions of your use of the Service, and supersede
all prior or contemporaneous communications and proposals, whether electronic, oral or
written, between you and Monthaven with respect to the Services. Notwithstanding the
foregoing, you may also be subject to additional terms and conditions, posted policies
(including but not limited to the Privacy Policy), guidelines, or rules that may apply when
you use or purchase certain elements of the Services, affiliate or advertiser services,
third-party content or third-party software. Monthaven may revise these Terms at any
time by updating this posting. Accordingly, you should review the Terms periodically to
determine if any changes have been made. Your continued use of this website after any
changes have been made to the Terms signifies and confirms your acceptance of any
such changes or amendments to these Terms.
The failure of Monthaven to exercise or enforce any right or provision of this Agreement
shall not operate as a waiver of such right or provision. Any waiver of the Terms by
Monthaven must be in writing and signed by an authorized representative of Monthaven
to be effective.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid,
the parties' intentions as reflected in the provision, and the other provisions of these
Terms, will remain in full force and effect.
The section titles in these Terms are for convenience only and have no legal or
contractual effect.
Nothing contained in these Terms shall be construed to constitute either party as a
partner, joint venturer, employee or agent of the other party, nor shall either party hold
itself out as such. Neither party has any right or authority to incur, assume or create, in
writing or otherwise, any warranty, liability or other obligation of any kind, express or
implied, in the name of or on behalf of the other party, it being intended by both parties
that each is and shall remain independent contractors (to the extent applicable), and
therefore, responsible for its own actions.
Please immediately report any violations of these Terms to Monthaven by using our
contact form.
Contact Us
For questions or concerns about these Terms, please contact us using our contact form.