Terms of Use

Welcome

Welcome to the Monster XP Web site. Terms and conditions contained herein, including the information in the provisions and links below, constitute the terms upon which you may use this Web site (the “Terms of Use”). This Web site is offered to you, the user, on the condition that you accept without modification or exception the terms, conditions and notices contained in this Terms of Use. Your use of this Web site constitutes your acceptance and agreement thereto. If you do not agree to these Terms of Use, you should not use or access this Web site.

Use Limitations

The purpose of this Web site is to provide you with information about Monster XP and its services, products and venues. This Web site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, or create derivative works from information or material on this Web site, except as expressly permitted in this Terms of Use. You may not use this Web site to engage in any unlawful activity or to infringe on the rights of Monster XP, its affiliates or others.

Changes in Web site

Monster XP reserves the right to make changes in these Terms of Use and to change, suspend or discontinue any aspect of the Web site at any time, in its discretion, without notice.

Privacy Policy

Use of any information gathered from or about you through this Web site shall be governed by these Terms of Use and Monster XP’s Privacy Policy. Monster XP may use and disclose any information, content, record, or electronic communication of any kind: to satisfy any law, regulation, governmental request or to respond to a subpoena; as necessary to operate its Web site; to protect the safety, rights or property of Monster XP, its affiliates, or users of its Web site; and as otherwise permitted under the Privacy Policy.

Monitoring use of the Web site

Monster XP reserves the right, without any obligation, to monitor your use of this Web site, without notice. You hereby waive any expectation of privacy in such information and activity. Monster XP reserves the right to prohibit conduct, communication, or content which it deems in its discretion may be harmful to Monster XP, its affiliates, or to users, or that may violate the law.

No contract or offer

Except for your agreement to abide by the Terms of Use and your agreement to the Privacy Policy, use of this Web site does not create any contract or agreement between you and Monster XP, nor any obligation of Monster XP to you. You agree not to act in reliance upon the information contained herein and you waive any claim, demand, cause of action or damages incurred as a result of reliance on such information.

Indemnity

You hereby agree to indemnify, defend and hold harmless Monster XP and its affiliates, and the partners, members, shareholders, officers, directors, employees, consultants, attorneys and agents of Monster XP and/or its affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) they incur arising as a result of your use of this Web site, your violation of the Terms of Use, or your infringement of any intellectual property or other right of Monster XP, its affiliates or any person or entity.

Invalidity of Terms

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

Questions, Comments, Complaints, or Service Issues

If you have any questions, comments, complaints or service issues pertaining to this Web site, please contact support@monsterxp.net.

Termination of Access

You acknowledge that Monster XP may terminate your use of this Web site or your access to this Web site at any time, with or without cause.

Waiver

Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Monster XP.

Entire Agreement

This Terms of Use, including the provisions set forth under the additional pages linked below, constitute the entire agreement between the parties with respect to this Web site. It supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, with respect to this Web site.

The following provisions are incorporated by reference and are part of this Terms of Use. Please review each of them carefully before using our Web site:

• General Disclaimers
• Linking Policies
• Dispute Resolution
• Copyright and Trademark Notices
• Status of Facilities and Amenities
• Forward Looking Statements
• Privacy Policy

General Disclaimers

The information and other material published on this web site may contain inaccuracies or typographical errors.

Monster XP does not warrant that the web site’s content, functions, operation or availability will be uninterrupted or error free, that defects will be corrected, or that the web site or the systems that make it available will be free of viruses or other harmful components. Monster XP and its affiliates shall not have any liability for your use of this web site, including any defects or errors contained therein or caused thereby, whether arising under contract, tort, strict liability or otherwise. No representation or warranty is made by Monster XP about the accuracy, reliability or suitability of the information, material, systems, services or products contained or discussed on this web site for any purpose. All such information, material, systems, services and products are provided ‘as is’ without warranty of any kind, and all warranties, including all implied warranties, warranties of merchantability or fitness for a particular purpose, title and non-infringement, are hereby expressly disclaimed.

Some states/jurisdictions do not permit exclusion of implied warranties, so the above exclusion may not apply to you. In no event will Monster XP or any of its affiliates be liable for any direct, indirect, special, incidental, consequential or punitive damages arising out of use of this web site or a delay or inability to use the web site or web sites to which this web site links, including without limitation damages due to lost profits, business interruption, loss of data or damage to systems, even if Monster XP or its affiliates have been expressly advised of the possibility of such 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. Additional disclaimers may appear from time to time within the body of the web site and are incorporated herein by reference.

Linking Policy

This Web site may from time to time contain links to other Internet Web sites. These links are provided for your convenience only. Monster XP is not responsible for the content, services, or products of or offered on Web sites that you may access through such links. Such links do not constitute endorsements by Monster XP of such Web sites, their content or any products or services made available thereon, or any association with their operators. Linking to the Monster XP Web site, and/or framing any portions of the Monster XP Web site without Monster XP’s express written permission is prohibited.

Dispute Resolution

This Web site may from time to time contain links to other Internet Web sites. These links are provided for your convenience only. Monster XP is not responsible for the content, services, or products of or offered on Web sites that you may access through such links. Such links do not constitute endorsements by Monster XP of such Web sites, their content or any products or services made available thereon, or any association with their operators. Linking to the Monster XP Web site, and/or framing any portions of the Monster XP Web site without Monster XP’s express written permission is prohibited.

Copyright and Trademark Notices

The copyright to this Web site, the design and appearance of this Web site, and all of the materials and content on this Web site, including without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons and renditions, are owned or licensed by Monster XP or its affiliates. These materials are protected by federal law against unauthorized copying and reproduction. Any use, reproduction or distribution of material from this Web site (except as permitted herein) without written permission of Monster XP is expressly prohibited. You may download and make one copy of the content and other downloadable items displayed on this Web site for your personal, noncommercial review only, provided that you maintain all copyright and other notices contained in such content and make no other use thereof. All other use, and all copying and reproduction thereof, is strictly prohibited. Anyone who prints, downloads, copies or otherwise communicates information from this Web site is responsible for communicating these Terms of Use to the person(s) to whom such information is communicated; and to ensure their compliance thereto, and further agrees to hold Monster XP harmless against any and all claims arising out of or in connection with their failure to abide by these Terms of Use.

Copyright © SC3 XP Holdings, LLC d/b/a Monster XP 2018. All rights reserved.

Securities Disclaimers And Forward Looking Statements

The materials and information contained on this Web site do not constitute an offer or a solicitation of an offer for the purchase or sale of any services or products of SC3 XP Holdings, LLC, Monster XP or any of its affiliates. Furthermore, this Web site may contain information and press releases about and by SC3 XP Holdings, LLC, Monster XP or its affiliates. Although this information was believed to be accurate as of the date prepared by SC3 XP Holdings, LLC, Monster XP or its affiliates, SC3 XP Holdings, LLC, Monster XP and its affiliates disclaim any duty or obligation to update such information. To the extent that any information is deemed to be a ‘forward looking statement’ as defined in the Private Securities Litigation Reform Act of 1995, such information is intended to fit within the ‘safe harbor’ provided therein. Such forward looking statements are subject to material risk factors which may or may not be disclosed herein. Forward looking statements are not guarantees of performance. You are cautioned not to place undue reliance on forward looking statements, which speak only as of the date made. This Web site is not intended to make any investment representations about SC3 XP Holdings, LLC, Monster XP or its affiliates and should not be viewed as such.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.