Terms of Service
Effective Date / Date of Last Revision: October 24, 2023
IMPORTANT DISCLAIMER: By accessing the Monorail website and/or application (collectively, the “App”), you agree to be bound by these Terms of Use, our Privacy Policy, and other policies and procedures posted on the App.
Neither Monorail nor any directors, officers, employees, representatives, or agents of Monorail or its respective parent company and affiliates and their respective directors, officers, employees, representatives or agents (“Affiliates”) endorses any of the opportunities that appear on the App or makes any recommendations regarding the appropriateness of particular opportunities for any potential investor. Use of the App does not constitute an offer by Monorail or its Affiliates (or any sponsor of offerings on the App) to sell, solicit, or make an offer to buy any securities. Neither Monorail nor its Affiliates give or offer business advice, tax advice, or legal advice to anyone using the App or the services available through the App. Monorail is not a registered broker-dealer, investment advisor, or crowdfunding portal, internet site operator, internet site portal, or similar investment services or hosting portal, and does not engage in any conduct requiring such registrations with the U.S. Securities & Exchange Commission (“SEC”) or similar state-based agency. Investment advising services, where applicable, will be provided by Monorail Securities LLC, an investment advisor registered with the SEC.
All prospective investors must acknowledge that they have received and read all investment materials. The securities offerings posted on the App are speculative. Investments posted on the App are NOT insured by the FDIC or by any other Federal Government Agency or state agency, are NOT Bank deposits, and are NOT guaranteed by Monorail or its Affiliates. Neither the SEC nor any federal or state securities commission or regulatory authority has recommended or approved any investment or reviewed the accuracy or completeness of any of the information or materials posted on the App. Neither Monorail nor any of its Affiliates shall have any liability whatsoever arising, for any error or incompleteness of fact or opinion in, or lack of care in the preparation or publication of, the materials and communication herein or in the valuation of any securities.
Prior results are not indicative of future performance and “forward looking statements” may be published on the App; actual results of investments may vary materially. All investors must make their own determination of whether or not to make any investment, based on their own independent evaluation of the investment and their risk tolerance. Any financial projections or returns shown on the App are illustrative examples only, and there can be no assurance that any valuations provided are accurate or in agreement with market or industry valuations. Offers to sell, or the solicitations of offers to buy, any security can only be made through official offering documents that contain important information about risks, fees, and expenses. All terms for any particular offering of securities accessible to registered user of the App remain entirely subject to the actual offering and disclosure documents. Each offering on the App contains its own set of risk factors, which any potential investor in such offering must read, acknowledge, and understand prior to subscribing for an investment in such offering. This disclaimer should not be read in place of those risk factors or any other component of an offering posted on the App.
Users of the App are encouraged to consult with a professional (e.g., an attorney, advisor, or accountant) to conduct their own research and due diligence. We recommend that you re-visit this Disclaimer and our other policies on occasion to learn of any changes.
1. WHO WE ARE.
Monorail Financial, LLC, is a Florida limited liability company doing business as Monorail (“Monorail,” “we,” “our” or “us”) has developed and offers proprietary investment tools and accounts made available via downloadable app and Monorail’s website, https://monorail.com (collectively referred to as the “App”). Through the App, we provide information and tools for financial planning, investing, stock trading, savings tracks, charitable donations, and cash back rewards (“Services”). When providing our App and Services, we collect data from our App users.
2. THESE TERMS FORM A BINDING LEGAL AGREEMENT.
These Terms of Use ("Terms of Use"), along with our Privacy Policy (“Privacy Policy”) constitute a legally binding agreement between you and Monorail. Please read the Terms of Use and Privacy Policy carefully. Your access to and use of our App and Services is subject to these Terms of Use, the Privacy Policy and all applicable laws. By accessing and using our App and our Services in any manner, you agree to be bound by these Terms of Use. If you do not agree to adhere to these Terms of Use or the Privacy Policy, then you may not use our App or Services.
We reserve the right to change these Terms of Use and our Privacy Policy. We may also change, suspend, or end access to all or any part of the App and Services at any time, in our sole discretion.
3. YOUR REPRESENTATIONS.
BY USING AND/OR ACCESSING ANY PART OF OUR APP OR SERVICES, YOU UNCONDITIONALLY AND EXPRESSLY ACKNOWLEDGE, REPRESENT AND AGREE THAT YOU: (A) ARE OVER 18 YEARS OF AGE; (B) HAVE CAPACITY TO ENTER INTO LEGALLY BINDING CONTRACTS; (C) ARE A RESIDENT OF THE UNITED STATES; (D) HAVE READ AND UNDERSTAND THESE TERMS OF USE AND THE PRIVACY POLICY; (E) UNDERSTAND THAT YOU ARE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY; AND (F) WILL COMPLY WITH THESE TERMS OF USE, THE PRIVACY POLICY AND ANY APPLICABLE LAWS AND REGULATIONS.
4. LICENSE TO USE THE APP AND SERVICES.
Subject to these Terms of Use and the Privacy Policy, Monorail grants you a limited, non-transferable license to access and use the functionality, features, content and information provided through our App and/or Services for the purposes of obtaining financial planning information and using our Services. You may not use the App or Services for any other purpose without first obtaining written permission from Monorail.
5. SECURITY AND AVAILABILITY.
YOU UNDERSTAND THAT MONORAIL CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT THE APP OR SERVICES WILL BE 100% SECURE OR AVAILABLE. PUBLIC NETWORKS, SUCH AS THE INTERNET, AND PRIVATE APPLICATIONS AND SYSTEMS, OCCASIONALLY EXPERIENCE DISRUPTIONS, OUTAGES AND INTERFERENCE BY THIRD PARTIES. MONORAIL AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY FROM DAMAGES RESULTING FROM SUCH PROBLEMS. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT AND FOR MAINTAINING A MEANS EXTERNAL TO THE APP FOR ANY RECONSTRUCTION OF ANY LOST DATA.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ALL USES OF THE APP AND THE GOODS AND SERVICES THAT RESULT FROM ACCESS TO THE APP BY YOURSELF OR OTHERS TO WHOM YOU HAVE PROVIDED ACCESS, DIRECTLY OR INDIRECTLY, WHETHER SUCH ACCESS OR USE IS PERMITTED BY OR IN VIOLATION OF THIS AGREEMENT.
6. REGISTERED ACCOUNTS.
To use some of the functionality of the App and Services, you will be required to set up an account. During registration, you will be required to provide certain personal data, such as your name, contact information, and preferences. You will be solely responsible for all information you provide to us. You will also be solely responsible for the security of your account credentials and any activity (whether authorized or unauthorized) that takes place through your account. You agree to notify us immediately of any actual or suspected unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You agree to provide accurate information and expressly agree not to submit false information to us or anyone else through the App or Services. By creating an account on the App, you consent to receive periodic communication from us.
Monorail reserves the right to disable any account if Monorail determines, in its sole discretion, that you have violated any part of the Terms of Use.
7. NOT INTENDED FOR INDIVIDUALS UNDER EIGHTEEN.
THE APP IS DESIGNED FOR USE BY INDIVIDUALS AGED EIGHTEEN (18) AND OLDER. IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU MAY NOT USE THE APP. IF YOU HAVE KNOWLEDGE OF ANYONE USING THE APP THAT IS UNDER 18 YEARS OLD, PLEASE NOTIFY US AT PRIVACY@MONORAIL.COM.
8. OWNERSHIP RIGHTS.
You expressly acknowledge and agree that Monorail and/or its Affiliates and content providers own all content, trademarks, copyrights and other intellectual property located on and related to the App and Services.
9. FEEDBACK.
If you send or transmit any communications or materials to Monorail with suggestions, recommendations, questions, or the like relating to changes to the App or its goods or services (collectively, “Feedback”), including without limitation, new features or functionality relating thereto, Monorail is free to use such Feedback irrespective of any other obligation or limitation governing such Feedback. You hereby assign to Monorail all right, title, and interest in, and Monorail is free to use, without any attribution or compensation to any party, the Feedback, including any ideas, know-how, concepts, techniques, or other intellectual property rights contained therein, for any purpose whatsoever, although Monorail is not required to use any Feedback.
10. YOUR REPRESENTATIONS AND OBLIGATIONS.
In addition to other representations and warranties provided herein, in exchange for use of the App and/or any Services, you represent the following:
a. You are responsible for making all arrangements necessary to allow you to access the App and Services.
b. You agree not to create false accounts or to provide false information. You represent and warrant that the contact information and account information you provide is truthful at the time you provide it.
c. You agree to maintain the security of your account. You agree to choose a strong password and keep it private to you. You will not intentionally or unintentionally allow others to access your account. You’re responsible for any and all activity on your account. If you suspect misuse of your account, please contact us immediately.
d. You have the right to provide us with any and all content and information you provide to us.
e. When using the App and/or Services, you will obey all applicable federal, state and local laws.
f. You will copy information from the App only for your personal, non-commercial purposes. You must not access or use the App or Services for any commercial purposes.
g. You will not otherwise reproduce, modify, distribute, display or otherwise provide access to this App or its content. You will not use this App or the Services in any way that is unlawful or may harm Monorail’s business.
h. You will not engage in any of the following activities:
- Engaging in activity that is unauthorized advertisement or promotions, including unauthorized solicitation of users of the App and/or Services.
- Collecting personal information of other users of the App and/or Services without such user's consent.
- Using the App, Services and/or any information or content available through the App and/or Services in any manner that is not expressly permitted under these Terms of Use.
- Interfering or attempting to interfere with the proper working of the App and/or Services, bypassing measures used to prevent or restrict access to the App and/or Services, violating or attempting to violate the security or authentication measures of the system, or attempting to prove, scan, or test the vulnerability of a system or network without proper written authorization from us.
In addition to other available rights and remedies, we reserve the right, in our sole discretion, to terminate your account and/or license to use the App and Services if you violate any of the terms of these Terms of Use. We reserve the right to disclose the identity of anyone posting or transmitting information or materials violating the above prohibitions.
11. GEOGRAPHIC RESTRICTIONS.
Monorail is based in the State of Florida in the United States. Monorail provides the App for use only by persons located in the United States. Monorail makes no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
12. CONFIDENTIALITY.
The information available on the App relates to Monorail, our Affiliates and affiliated investment funds (collectively, the “Disclosing Parties”). This information is highly confidential. You hereby agree to maintain such information in strict confidence and acknowledge that such information is proprietary and confidential, that the Disclosing Parties and their Affiliates derive independent economic value from such information not being generally known, and that such information is subject to reasonable efforts by the Disclosing Parties to maintain its secrecy. You hereby agree that information available on the App constitutes trade secrets and that the disclosure of any such information will cause substantial and irreparable competitive harm, as well as financial and strategic damage, to the Disclosing Parties, their Affiliates and/or the investment funds and opportunities managed by the Disclosing Parties or their Affiliates (each a “Fund”). The reports available on the App are for use by investors and potential investors or their authorized designees in such a Fund, and you hereby agree that this information shall only be used by you in connection with an evaluation or the monitoring of your investment in such Fund. In addition, you agree that any information on this App shall not be disclosed to any other person or entity or reproduced in any manner (by print, by electronic means or otherwise) without the express written authorization of the applicable Disclosing Party; provided, that such information may be disclosed on a need-to-know basis to other employees of your organization and to your investment advisers (so long as (i) they are bound by an obligation to maintain the confidentiality of such information that is at least as protective as your obligations under these Terms, and (ii) such other employees and investment advisers are not given your password to access this App) or as explicitly required by applicable law. You agree to be responsible for the consequences of dissemination of any information from the App by such employees and investment advisers.
13. RISK FACTORS; NO PROFESSIONAL ADVICE PROVIDED.
Users must be able to afford to lose their entire investment. Investment products are not FDIC insured, may lose value, and there is no bank guarantee. The Services are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority, regulatory or self-regulatory organization or clearing organization, or where Monorail is not authorized to provide such information or services. Some Services may not be available in all jurisdictions or to all clients. The Services are not intended to substitute for professional or legal advice. YOU ACKNOWLEDGE THAT YOU ARE NOT RELYING ON MONORAIL OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, PARTNERS, AGENTS, OR EMPLOYEES IN MAKING AN INVESTMENT DECISION. ALWAYS CONSIDER SEEKING THE ADVICE OF A QUALIFIED PROFESSIONAL BEFORE MAKING DECISIONS REGARDING YOUR BUSINESS AND/OR INVESTMENTS. These risks are non-exhaustive and shall be considered as a supplement to, but not a replacement for, any additional risk factors presented in connection with any particular offering posted on this App. These risk factors shall incorporate by reference the Disclaimers set forth in the introduction of these Terms of Use.
14. USER INTERACTIONS/DISAGREEMENTS.
The App may allow you to interact with other users who may provide you with investments, investment information, advice, services and/or events, or provide you with other information about various companies or organizations. You acknowledge that other users may not be affiliated with or controlled by Monorail or its Affiliates, and Monorail cannot influence the investments, information, advice or services provided by them. YOU AGREE THAT NEITHER MONORAIL NOR ITS AFFILIATES WILL BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS BETWEEN YOU AND OTHER USERS. Furthermore, if you provide any investments, information, advice or services to other users through the App, you acknowledge that you are not affiliated with, or controlled or influenced in any way by Monorail or its Affiliates. If you have a dispute with one or more users that are not Monorail, you irrevocably and forever release Monorail (and our Affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
15. ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT/ UNIFORM ELECTRONIC TRANSACTIONS ACT.
The Federal Electronic Signatures in Global and National Commerce Act (“ESIGN”) and similar state laws, particularly the Uniform Electronic Transactions Act (“UETA”), authorize the creation of legally binding and enforceable agreements utilizing electronic records and signatures. ESIGN and UETA require businesses that want to use electronic records or signatures in consumer transactions to obtain the consumer’s consent to receive information electronically. When an issuer or potential investor registers on the platform, we obtain his or her consent to transact business electronically and maintain electronic records in compliance with ESIGN and UETA requirements. Your use of electronic signatures to sign documents legally binds you in the same manner as if you had manually signed such documents. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to you in writing. If you sign electronically, you represent that you have the ability to access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means. You are obligated to review the App periodically for changes and modifications and agree not to contest the admissibility or enforceability the App’s electronically stored copy of any such agreement in any proceeding arising out of such agreement. Although you consent to electronic delivery, you may elect to deliver communications by other means and such delivery shall not affect your consent. You may revoke consent to electronic delivery of communications and receive a paper version at your election. Monorail shall have a reasonable period to effect such a change and Monorail may charge you a reasonable fee for sending such paper copies. If you elect to use electronic delivery, you agree and represent that you have a suitable computer with Internet access, an email address and the availability to download, save and/or print communications to retain a record of such communications. You agree that you are solely responsible for maintaining such equipment and services required for online access.
16. CONSENT TO RECEIVE ELECTRONIC NOTIFICATIONS.
Electronic communication is the most effective and timely way to provide the users of the App and/or Services with any optional or required notifications and disclosures. In some circumstances, however, state and/or federal laws may require us to send you disclosures or communications in paper format unless you have affirmatively consented to receiving electronic notifications only in advance of the notification. Through this Agreement, pursuant to 15 U.S.C. § 7001, you hereby affirmatively consent to receive electronic notifications and disclosures from us only (without requiring a paper copy) and you represent that, to date, you have not withdrawn such consent. You have the right to change your mind and withdraw your consent at any time. If you would like to withdraw your consent to receive electronic notifications and/or would like to request a paper copy of any electronic notifications you receive, please contact: privacy@monorail.com. To receive electronic records, you will need access to a smart phone, tablet, laptop or computer with Internet access and either email software (such as Microsoft Outlook) or access to a web-based electronic mail software platform, such as Gmail, Yahoo or other electronic mail provider.
17. THIRD-PARTY LINKS.
The App will contain links to other third-party websites. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. Such third-party websites are maintained by persons or organizations over which Monorail exercises no control. Monorail expressly disclaims any responsibility for the content or results from your use of such third-party websites. If you decide to access any of the third-party websites linked to in App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
18. COPYRIGHT COMPLAINTS.
Monorail respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work that you claim has been infringed;
- The location on the App of the material that you claim is infringing;
- Your address, telephone number and e-mail address;
- A statement that your claim of infringement is based on a good faith belief; and
- A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our copyright agent for notice of claims of copyright infringement on the App can be reached as follows: privacy@monorail.com
19. ACCESSIBILITY.
We value all of our users, and it is our goal to provide an excellent experience for all our users, including our users with disabilities. You understand and accept, however, that some of the features of the App may not be fully accessible because they are provided by third-parties or have errors. If you have comments regarding the accessibility of the App, or would like to report an issue you are experiencing, please email us at privacy@monorail.com. You expressly agree to attempt to work with us in good faith to obtain access to our App and Services and that you will not threaten or assert any claims regarding accessibility against us unless you have first provided us with notice of the inaccessibility problem(s) and a thirty (30) day period to remedy the problem.
20. DISCLAIMERS AND LIMITS ON LIABILITY; WAIVER OF JURY TRIAL AND CLASS ACTION RIGHTS.
THE APP AND SERVICES, AND ALL INFORMATION AND CONTENT AVAILABLE THROUGH THE APP AND SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS, ACCESSIBILITY AND NON-INFRINGEMENT). MONORAIL, ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE "MONORAIL PARTIES") MAKE NO REPRESENTATION OR WARRANTY REGARDING: (A) THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, ACCESSIBILITY, RESULTS OR PERFORMANCE OF THE APP AND SERVICES; (B) THE EXISTENCE (OR ABSENCE) OF ANY VIRUS, WORM, MALWARE, MALICIOUS CODE OR OTHER DISABLING DEVICES OR CODE FROM ANY SOURCES; (C) THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION; (D) ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES); OR (E) LOSS, USE OR MISUSE OF YOUR DATA.
YOUR USE OF THE APP AND SERVICES IS AT YOUR OWN RISK. YOU AGREE THAT THE MONORAIL PARTIES ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE MONORAIL PARTIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES), WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO MONORAIL FOR THE USE OF THE APP WITHIN THE LAST TWELVE MONTHS. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY MONORAIL IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST ANY OF THE MONORAIL PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.
YOU FURTHER AGREE TO RESOLVE ANY AND ALL CLAIMS AGAINST THE MONORAIL PARTIES ON AN INDIVIDUAL BASIS AND KNOWINGLY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION AGAINST THE MONORAIL PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO HAVE A JUDGE (RATHER THAN A JURY) RESOLVE ANY AND ALL ISSUES ARISING IN ANY ACTION OR PROCEEDING RELATING TO THIS APP, ANY GOVERNING TERM, OR TO YOUR RELATIONSHIP WITH MONORAIL AND YOU WAIVE THE RIGHT TO A TRIAL BY JURY. YOU UNDERSTAND THAT THE RIGHT TO A TRIAL BY JURY IS A CONSTITUTIONAL RIGHT AND THAT THIS ELECTION TO HAVE A JUDGE, RATHER THAN A JURY, DETERMINE ALL CLAIMS IS A VOLUNTARY CHOICE.
21. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless Monorail and its Affiliates and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from: (a) your breach of these Terms of Use; (b) your access or use of the App and/or Services; (c) your infringement or the infringement of any third-party using your account, of any intellectual property right of another; and (d) any authorized activity through your account.
22. EQUITABLE RELIEF.
You acknowledge that a breach or threatened breach of these Terms of Use could give rise to irreparable harm to Monorail for which monetary damages would not be an adequate remedy, and you hereby agree that, in the event of such a breach or a threatened breach, Monorail will, in addition to any and all other rights and remedies that may be available to it in respect of such breach, be entitled to equitable relief, including a temporary restraining order, an injunction, specific performance, and any other relief that may be available from a court of competent jurisdiction (without any requirement to post bond or prove actual damages or that monetary damages will not afford an adequate remedy).
23. CONTROLLING LAW AND VENUE.
It is understood and agreed that all the construction and interpretation of these Terms of Use and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Florida, without giving effect to the conflict of laws provisions thereof. Venue of any action brought to enforce or relating to these Terms of Use or arising out of the relationship between the parties shall be brought exclusively in the courts located in the Sarasota, Florida area.** You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
24. PREVAILING PARTY ATTORNEYS’ FEES.
In the event that Monorail brings any legal suit, action, or proceeding to enforce these Terms of Use due to your alleged breach and prevails, Monorail will be entitled to recover from you, in addition to all other damages to which it may be entitled, the costs incurred by Monorail in conducting the suit, action, or proceeding, including actual expenses, court costs, and attorneys' fees, including Monorail’s attorneys’ fees.
25. FORCE MAJUERE.
Neither party will be liable for, or be considered to be in breach of or default under these Terms on account of any delay or failure to perform as required by these Terms as a result of any cause or condition beyond such party’s reasonable control, so long as such party uses all commercially reasonable efforts to avoid or remove such causes of non-performance or delay.
26. ENTIRE AGREEMENT.
These Terms, along with Monorail’s Privacy Policy, contain the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous representations, promises, agreements and understandings, whether oral or written, between the parties concerning the subject matter hereof. You may from time to time enter into binding legal agreements relating to certain products or services available through the App, which may have terms that are different from those of these Terms. In the event of any inconsistency, the terms of such other agreement shall control with respect to such services. If any provision of these Terms is deemed to be invalid or unenforceable, the remaining provisions of these Terms shall be valid and binding and of like effect as though such provision were not included.
27. SEVERABILITY.
If any term or provision in these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms of Use in its entirety and the remainder of these Terms of Use shall survive with the said offending provision eliminated.
28. WAIVER.
No waiver by Monorail of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Monorail to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
29. CHANGES TO THESE TERMS, THE APP OR THE SERVICES.
Monorail reserves the right to change these Terms of Use, withdraw or amend the App, and withdraw or amend products or Services Monorail offers through the App, in Monorail’s sole discretion without notice. Monorail will not be liable if for any reason all or any part of the App or any good or service offered thereon is unavailable at any time or for any period. From time to time, Monorail may restrict access to the App or certain parts thereof to certain users, including certain registered users.
30. SUBSCRIPTION FEES & TERMS
IMPORTANT DISCLAIMER: By signing up for and agreeing to the Subscription Fees and Terms, you agree to be bound by Terms of Use and Privacy Policy, and other policies and procedures posted on the App.
Use of App. In order to have full access to the App and Services, certain users will be required to enroll in a subscription account (“Subscription”). Whether a user is required to enroll in a Subscription in order to access the App and Services will depend upon when the user created an account: (i) new users and existing users created on or after December 17, 2022, will be required to enroll in a Subscription to receive full access to the Services; and (ii) existing users created before December 17, 2022, will have full access to the App and Services without a Subscription. Regardless of Subscription status, all users will be permitted withdraw funds in the App at any time.
Free Trial. Monorail may make the App and Services available to new users for evaluation purposes free of charge until the earlier of: (a) the end of a ninety (90) day free trial period; or (b) the start of any purchased access to the Services (the “Trial Period”). The Trial Period duration may be changed or terminated by Monorail at any time in Monorail’s sole discretion. During the Trial Period, the Services are offered “as is,” AND MONORAIL MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, AND MONORAIL HEREBY DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE FOREGOING.
Fees. In addition to any applicable AUM or other fees, to use the Services, to use the Services, you agree to pay Monorail a monthly subscription of three dollars ($3) (the “Subscription Fee”). You are required to connect a bank account at the time you enroll in your Subscription and maintain a connected bank account throughout the term of your Subscription. The Subscription Fee is charged directly to Monorail via ACH transfer through your connected bank account and is automatically debited monthly on the day of the month the user enrolled in the Subscription by a third-party service provider. Monorail may change the Subscription Fee at any time at its sole discretion; provided, however, that Monorail will provide thirty (30) days’ notice via email prior to any change in the Subscription Fee. If payment of the Subscription Fee fails (for any reason), Monorail will automatically suspend or terminate the Subscription. During the month the Subscription is terminated, the user will retain full access to the App and Services until the end of the current billing period. Once the current billing period expires, the user will still have access to the App, but will only be permitted to access the funds in their account for the purpose of withdrawing funds and selling stocks. Access to any other Services after the Subscription expires requires initiating a new Subscription.
Term and Termination. The Subscription term will commence on the date the user signs up for a Subscription agreement and continue until terminated by either party. Either party may terminate the Subscription term at any time; users may terminate by navigating in the App from the menu page to the subscriptions page. During the month the subscription is terminated, the user will retain access to the App and Services until the current billing period expires. After the expiration of the current billing period, the user will still have access to the App, but will only be permitted to access funds in their account for the purpose of withdrawing funds and selling stocks.
31. QUESTIONS.
If you have any questions about us, the App, our Services, our Privacy Policy, or these Terms and Conditions, you may contact us at:
Monorail
3322 Bee Ridge Road
Sarasota, FL 34239
privacy@monorail.com
Contact webform
America’s Investment App
