Terms of use

1. Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and 1? Publishing (“we,” “us,” or “our”), concerning your access to and use of the www.modernmonkpath.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Our Privacy Policy is incorporated by reference into these Terms of Use. Where your interaction with the Site requires an affirmative action (e.g., signing up for a newsletter), you may be asked to explicitly agree to these Terms, which ensures a binding agreement is formed.14

2. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.16

The literary work known as The Modern Monk (the “Work”) is the exclusive intellectual property of its author and/or 1? Publishing. When you purchase a copy of the Work, you are purchasing a limited, revocable, non-exclusive, non-transferable license to access and use the Work for your personal, non-commercial use only.18 This license expressly prohibits you from:

  • Reproducing, copying, or distributing the Work.
  • Creating derivative works based on the Work.
  • Publicly displaying, performing, or broadcasting the Work.
  • Selling, renting, leasing, or otherwise commercially exploiting the Work or the Content.

Any use of the Site, Content, or Work other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

3. User Conduct and Prohibited Activities

As a user of the Site, you agree not to 19:

  • Use the Site for any illegal or unauthorized purpose that violates any applicable law or regulation.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content.
  • Engage in any automated use of the system, such as using scripts to send messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  • Attempt to impersonate another user or person.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site.

4. Book Purchases and Third-Party Retailers

All purchases of the book The Modern Monk are fulfilled through third-party retail websites (e.g., Amazon, Barnes & Noble, etc.). This Site may provide links to these third-party retailers for your convenience. When you elect to purchase the book, you will be redirected to the retailer’s website and your transaction will be subject to that retailer’s terms of use, privacy policy, and other policies. We are not a party to any transaction you make with a third-party retailer and disclaim all liability related to such purchases. Any questions, complaints, or claims related to your order should be directed to the respective third-party retailer.

5. Site Management

We reserve the right, but not the obligation, to:

  • Monitor the Site for violations of these Terms of Use.
  • Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use.
  • In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable your access to the Site or any portion thereof.
  • Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.22

6. Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.20

7. Governing Law and Dispute Resolution

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.20

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute”), you and we agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. If we are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). You further agree that any arbitration shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

8. Disclaimers

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, OR (3) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY.22

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 1? PUBLISHING OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.25

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO FIFTY U.S. DOLLARS ($50.00).

Certain state and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

10. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) your breach of these Terms of Use; or (3) your violation of the rights of a third party, including but not limited to intellectual property rights.20

11. Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: 1? Publishing

Palm Desert, CA 92260

Email: shift@modernmonkpath.com