Terms & Conditions
Terms of Use
The terms of use concerning the MONS Partners web site.
Welcome to MONS Partners. The MONS Partners website (the “Site”) is comprised of various web pages operated by MONS Partners (“MONS Partners”). For the purposes of this Privacy Policy, unless otherwise noted, all references to MONS Partners include MONS Partners. MONS Partners is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of MONS Partners constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
Privacy
Your use of MONS Partners is subject to MONS Partners’ Privacy Policy. Please review our
Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting MONS Partners or sending emails to MONS Partners constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise
transfer your account to any other person or entity. You acknowledge that MONS Partners is not
responsible for third party access to your account that results from theft or misappropriation of
your account. MONS Partners and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion. MONS Partners does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use MONS Partners only with permission and supervision of a parent or guardian.
Links to third party sites/Third party services
MONS Partners may contain links to other websites (“Linked Sites”). The Linked Sites are not
under the control of MONS Partners and MONS Partners is not responsible for the contents of
any Linked Site, including without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. MONS Partners is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by MONS Partners of the
site or any association with its operators. Certain services made available via MONS Partners are
delivered by third party sites and organizations. By using any product, service or functionality
originating from the MONS Partners domain, you hereby acknowledge and consent that MONS
Partners may share such information and data with any third party with whom MONS Partners
has a contractual relationship to provide the requested product, service, or functionality on behalf of MONS Partners users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use MONS
Partners strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to MONS Partners that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MONS Partners or its suppliers and protected by
copyright and other laws that protect intellectual property and proprietary rights. You agree to
observe and abide by all copyright and other proprietary notices, legends or other restrictions
contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MONS Partners content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written
permission of MONS Partners and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of MONS Partners or our licensors except as expressly authorized by
these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively,
“Communication Services”), and you agree to use the Communication Services only to post,
send and receive messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree that when using
a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted
by another user of a Communication Service that you know, or reasonably should know, cannot
be legally distributed in such manner; falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded, restrict or inhibit any other user from using and
enjoying the Communication Services; violate any code of conduct or other guidelines which
may be applicable for any particular Communication Service; harvest or otherwise collect
information about others, including e-mail addresses, without their consent; violate any
applicable laws or regulations. MONS Partners has no obligation to monitor the Communication
Services. However, MONS Partners reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion. MONS Partners
reserves the right to terminate your access to any or all of the Communication Services at any
time without notice for any reason whatsoever. MONS Partners reserves the right at all times to
disclose any information as necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or materials, in
whole or in part, in MONS Partners’ sole discretion. Always use caution when giving out any
personally identifying information about yourself or your children in any Communication
Service. MONS Partners does not control or endorse the content, messages or information found
in any Communication Service and, therefore, MONS Partners specifically disclaims any
liability with regard to the Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are not authorized MONS
Partners spokespersons, and their views do not necessarily reflect those of MONS Partners.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials. Materials provided to MONS Partners or posted on any MONS Partners
web page MONS Partners does not claim ownership of the materials you provide to MONS
Partners (including feedback and suggestions) or post, upload, input or submit to any MONS
Partners Site or our associated services (collectively “Submissions”). However, by posting,
uploading, inputting, providing or submitting your Submission you are granting MONS Partners,
our affiliated companies and necessary sublicensees permission in perpetuity to use your
Submission in connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. These rights granted to MONS Partners shall continue even if such materials are later removed. No compensation will be paid with respect to the use of your Submission, as
provided herein. MONS Partners is under no obligation to post or use any Submission you may
provide and may remove any Submission at any time in MONS Partner’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in
this section including, without limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions.
Third Party Accounts
You may be able to connect your MONS Partners account to third party accounts. By connecting
your MONS Partners account to your third-party account, you acknowledge and agree that you
are consenting to the continuous release of information about you to others (in accordance with
your privacy settings on those third-party sites). If you do not want information about you to be
shared in this manner, do not use this feature.
International Users
The Service is controlled, operated, and administered by MONS Partners from our offices within
the USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the MONS Partners Content
accessed through MONS Partners in any country or in any manner prohibited by any applicable
laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless MONS Partners, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or
regulations. MONS Partners reserves the right, at its own cost, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in which event you will
fully cooperate with MONS Partners in asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Inspiring Day AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. Inspiring Day AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Inspiring Day AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Inspiring Day AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY
TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Inspiring Day OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
MONS Partners reserves the right, in its sole discretion, to terminate your access to the Site and
the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of California, and you
hereby consent to the exclusive jurisdiction and venue of courts located in Santa Clara County,
California in all disputes arising out of or relating to the use of the Site. Use of the Site is
unauthorized in any jurisdiction that does not give effect to all provisions of these Terms,
including, without limitation, this section. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and MONS Partners as a result of this
agreement or use of the Site. MONS Partner’s performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is in derogation of
MONS Partner’s right to comply with governmental, court and law enforcement requests or
requirements relating to your use of the Site or information provided to or gathered by MONS
Partners with respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement between the user and MONS
Partners with respect to the Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and MONS Partners with
respect to the Site. A printed version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be written in English.
Changes to Terms
MONS Partners reserves the right, in its sole discretion, to change the Terms under which
MONS Partners is offered. The most current version of the Terms will supersede all previous
versions. MONS Partners encourages you to periodically review the Terms to stay informed of
our updates.
Investor Disclosure
Investment disclosure concerning the MONS Partners and the web site.
NO INVESTMENT ADVICE
Content is for informational purposes only. You should not construe any such information or
other material provided as legal, tax, investment, financial, or other advice. Nothing contained on
our shows, materials, or websites constitutes a solicitation, recommendation, endorsement, or
offer by MONS Partners, MONS Partners LLC, its affiliates, hosts, or guests, or any third party
service provider (collectively known as ) to buy or sell any securities or other financial
instruments in this or in in any other jurisdiction in which such solicitation or offer would be
unlawful under the securities laws of such jurisdiction. The MONS Partners and its affiliates do
not provide investment advice. In cases where guests or others may discuss investment ideas,
these should not be viewed or construed as advice. The sole purpose is general education and
information. All Content on this site, our shows, or in affiliated materials is information of a
general nature and does not address the circumstances of any particular individual or entity.
Nothing in our materials, website, or shows constitutes professional and/or financial advice, nor
does any information presented constitute a comprehensive or complete statement of the matters
discussed or the law relating thereto. We are in no way acting as a fiduciary by virtue of any
person’s use of or access to the website, materials, shows, or content. You alone assume the sole
responsibility of evaluating the merits and risks associated with the use of any information or
other content from the shows, websites, or other materials before making any decisions based on
such information or other Content. In exchange for using the Site, you agree not to hold MONS
Partners LLC, its affiliates, hosts, and guests, or any third-party service provider liable for any
possible claim for damages arising from any decision you make based on information or other
Content made available to you through the MONS Partners, its websites, or other corresponding
materials. We strongly urge you to consider seeking advice from your own financial or
investment adviser before acting on any investment.
INVESTMENT RISKS
There are risks associated with investing in securities. Investing in stocks, bonds, exchange
traded funds, mutual funds, and money market funds involve risk of loss. Loss of principal is
possible. Some high-risk investments may use leverage, which will accentuate gains & losses.
Foreign investing involves special risks, including a greater volatility and political, economic and currency risks and differences in accounting methods. A security’s or a firm’s past investment
performance is not a guarantee or predictor of future investment performance. Neither Kevin
Freeman, his guests or MONS Partners, LLC suggests, offers, or guarantees any specific
outcome or profit. You should be aware of the real risk of loss in following any strategy or
investment discussed on the show for informational or educational purposes or in any showaffiliated materials or websites.
THIRD-PARTY LINKED SITES
As a convenience to you, MONS Partners LLC and its affiliates may provide hyperlinks to web
sites operated by third parties. When you select these hyperlinks, you will be leaving our
websites. Because has no control over such sites or their content, is not responsible for the
availability of such external sites or their content, and does not adopt or endorse, nor is
responsible or liable for any such sites or content, including advertising, products, or other
materials, on or available through such sites or resources. Other web sites may provide links to
the Site or Content with or without our authorization. does not endorse such sites and shall not
be responsible or liable for any links from those sites to the Site or Content, or for any content,
advertising, products, or other materials available on or through such other sites, or any loss or
damages incurred in connection therewith. may, in its sole discretion, block links to the Site and
Content without prior notice.
YOUR USE OF THIRD-PARTY WEB SITES AND CONTENT, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES, IS AT YOUR OWN RISK AND IS SUBJECT TO THEIR TERMS OF USE. SITE AND CONTENT NOT WARRANTED THE SITE AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. YOU BEAR ALL RISKS
ASSOCIATED WITH THE USE OF THE SITE AND CONTENT, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE ON THE SITE. AND ITS EMPLOYEES,
OFFICERS, DIRECTORS, PARTNERS, AGENTS, REPRESENTATIVES, SUPPLIERS AND SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NONINFRINGEMENT, ACCURACY, COMPLETENESS, USEFULNESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE, AND WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING/PERFORMANCE OR USAGE OF TRADE.