Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Monocure 3D. The collective work includes works that are licensed to Monocure 3D. Copyright 2003, Monocure 3D ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Monocure 3D or purchasing Monocure 3D products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Monocure 3D or to purchase Monocure 3D products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Monocure 3D. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Monocure 3D used in the site are trademarks or registered trademarks of Monocure 3D
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Monocure 3D disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Monocure 3D does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Monocure 3D does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Monocure 3D shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Monocure 3D has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Monocure 3D product is mistakenly listed at an incorrect price, Monocure 3D reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Monocure 3D reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Monocure 3D shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Monocure 3D without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Monocure 3D may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Monocure 3D.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Monocure 3D products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Monocure 3D products) must be commenced within one (1) year after the claim or cause of action arises. Monocure 3D's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Monocure 3D may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Monocure 3D or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Monocure 3D does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Monocure 3D is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Monocure 3D reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Monocure 3D in its sole discretion.
You agree to indemnify, defend, and hold harmless Monocure 3D, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Monocure 3D may link to sites operated by third parties. However, even if the third party is affiliated with Monocure 3D, Monocure 3D has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Monocure 3D. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Monocure 3D seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
This information is given in good faith and is based on results obtained from experience and tests; however as the actual end use of the products are beyond our control, all recommendations and suggestions are made without guarantee. No representative or agent of ours has the right to waive or alter these conditions.
Any order placed by you in the manner described in this Web Site is an offer by you to purchase a particular product for the price (including the delivery and other charges) as previously agreed upon by Monocure 3D and you the customer. Monocure 3D reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the product description posted on this Web Site, or an error in your order. There may be reasons why Monocure 3D cannot fulfil your order. Therefore, your contract with Monocure 3D only comes into existence when Monocure 3D advises you that it has accepted your order and receipt of your payment has been confirmed. Prices of products and services and delivery and other charges displayed on this Web Site are current at the time of issue, but may change at any time and are subject to availability. The availability of products and services may change from time to time.Monocure 3D will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you on dispatch from Monocure 3D. You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this Web Site.
The information contained on this Web Site is provided by Monocure PTY LTD in good faith on an “as is” basis. The information is believed to be accurate and current at the date the information was placed on this Web Site.
None of Monocure PTY LTD, its related bodies corporate, any of their directors, officers or employees makes any representation or warranty as to the reliability, accuracy or completeness of the information contained on this Web Site (including in relation to any products or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on this Web Site. To the fullest extent permitted by applicable law, Monocure PTY LTD disclaims all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Monocure PTY LTD makes no warranty that the Web Site or any products or services advertised on the Web Site will meet your requirements, or that the Web Site will be uninterrupted, timely, secure or error free.
You expressly acknowledge and agree that Monocure PTY LTD does not control other users of this Web Site or the suppliers of goods and services purchased from this Web Site and Monocure PTY LTD is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
No advice or information, whether oral or written, obtained by you from or through this Web Site creates any warranty not expressly made in these Terms and Conditions.
Information on this Web Site relating to products and services has been prepared in accordance with Australian law for the supply of goods and services in Australia only. This information may not satisfy the laws of any other country. To the extent that it does not satisfy the laws of the country in which you reside or from which you are accessing this Web Site, it is not directed at you and cannot be relied upon by you and you are unable to order any goods from this Web Site. If you do, you agree to indemnify Monocure PTY LTD for any losses, costs, expenses or damages Monocure PTY LTD may suffer as a consequence.