Effective Date: March 1, 2022

Welcome to www.moniquenolly.com. These Terms & Conditions (“Terms”) are a legal agreement between you and MN LLC (“MN,” “we,” “us,” or “our”) that governs your access to and use of www.moniquenolly.com and all subdomains thereof (the “Site”), including the product ordering process and all related webpages, downloadable materials, information, photos, and other materials, documentation, blog posts, or content that appears on the Site (“Content”). References to “you” or “your” mean anyone who visits the Site, makes a purchase on the Site, accesses or downloads Content, or registers for an Account. Your access to and use of the Site, Content, or your Account is conditioned upon your acceptance of these Terms and our https://www.moniquenolly.com/privacy-policy, which is incorporated into these Terms by this reference. Please read these Terms and our Privacy Policy carefully before accessing or using the Site. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE OR CONTENT, MAKE A PURCHASE, REGISTER FOR AN ACCOUNT, OR CLICK TO INDICATE THAT YOU AGREE TO THESE TERMS. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER; PLEASE REVIEW SECTION 23.

1.    Changes to these Terms. We reserve the right to prospectively change these Terms at any time, in our sole discretion. You should periodically review these Terms for changes and you can review the most current Terms at any time at: https://www.moniquenolly.com/terms-and-conditions. The updated Terms are binding on you as of the Effective Date indicated at the top of these Terms. If you do not agree to updated Terms, you should stop using the Site before the Effective Date. Your continued use of the Site after the Effective Date will constitute your acceptance of the updated Terms.

2.    Permitted Use; No Distribution. Except for the limited right to use the Site and view the Content, you may not download, copy, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense, reverse-engineer, or otherwise use the Site or Content without express written permission from MN. You may only use the Site for personal, non-commercial purposes. All products and content produced by MN is for personal, non-commercial use and may not be reproduced in any form unless otherwise expressly permitted by MN. No right, title or interest in or to any trademark, service mark, logo or trade name of MN or its licensors is granted under these Terms. You may not remove any proprietary notices on the Site or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Site or Content. You further agree not to interfere with the proper functioning of the Site and not to use the Content in a way that suggests you are a representative of MN. Any scraping, automated access, or other unauthorized access to and storage of Content is prohibited. You may not use the Site or Content for any illegal purpose. Use of the Content for any purpose other than what is described in this Section is prohibited.

3.    Privacy. MN respects and is committed to protecting your privacy. When you visit the Site, you authorize MN to automatically collect information about you and your use of the Site and to use, transmit, process, and store this information in accordance with our Privacy Policy. Please review our Privacy Policy prior to using the Site.

4.    Third Party Websites and Links. The Site may contain links or references to third party websites (“Linked Sites”) that we think may be of interest to you. MN does not endorse or sponsor any Linked Sites or the information, products, or services contained on any Linked Sites, and we have no control over Linked Sites or their content. Linked Sites are governed by their own terms of use and privacy policies.

5.    Account Registration. You may register for an account on the Site (“Account”) in order to access certain features. Creating an Account may enable you to move through the checkout process more quickly, store multiple shipping addresses, view and track your orders, create and maintain a “wishlist” of products that you can share with others, and save products to a list of “favorites.” If you register for an Account, you must provide MN with your current, complete, and accurate information, including your first and last name, email address, and a password selected by you. Your login and password may only be used by you and you are responsible for keeping your user password confidential. We may also ask for your date of birth in order to verify your age. Children under the age of 13 are prohibited from using the Site or registering for an Account. You are responsible for all activity that occurs under your Account and you agree that MN may attribute all use of your Account to you. Please notify us immediately if you suspect any unauthorized use of your Account or any other breach of security.

6.    Product Prices and Availability; Cancellation. Current prices for products and services are described on the Site. MN may change pricing at any time and in its sole discretion. The amount of any sales, use, or other taxes however designated, levied or based on such prices shall be added to the prices shown. Promotions and/or discounts may be offered from time to time on the Site and may be subject to additional terms, limitations, and restrictions. In order to take advantage of such promotions and/or discounts, you agree to comply with any terms, conditions, limitations, or rules presented to you as a condition of participation in any such promotional offer. MN reserves the right to change or discontinue any product or service at any time and without notice. MN further reserves the right, in its sole discretion, to cancel any order, limit any purchase, or refuse to fulfill an order for any or no reason. If your order will be cancelled, limited, or delayed, MN will contact you.

7.    Personalized Products; User Submissions. The Site may include functionality that allows you to upload text, images, photographs, or other graphics selected by you (“User Content”) in order to customize personalized products. When you place an order for a personalized product, MN may, for example, alter your User Content in order to prepare a proof for your review or transmit your User Content in relation to production of the product you ordered. MN does not control or endorse and is not responsible for any User Content and MN does not claim ownership of any User Content. By uploading User Content to the Site, you grant MN a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable, and transferable license to use, distribute, publicly display, reproduce, modify, adapt, and store the User Content you provide to us in connection with the production of personalized products you purchase from us. You represent and warrant that you have all the rights necessary to grant the rights in this Section and that the use and reproduction of your User Content will not violate any laws. You must not provide any User Content that infringes others’ intellectual property or privacy rights and you are solely responsible for all User Content you provide to MN. By producing your personalized product, MN in no way approves of your User Content. All templates, colors, arrangements, and other design features that may appear with your User Content are property of MN. MN reserves the right to refuse to use your User Content for any reason in its sole discretion. By commenting on or submitting content in connection with MN or MN products on any social media site (e.g., Facebook, Twitter, Instagram, Pinterest), including but not limited to MN social media sites, or “tagging” MN in a social media post, you grant MN a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable, and transferable license to use, distribute, publicly display, and reproduce your submissions.

8. DMCA POLICY

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

·Your physical or electronic signature.

·Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list     of such works.

·Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

·Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

·A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.

·A statement that the information in the written notice is accurate.

·A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.