MONIKHER, LLC TERMS AND CONDITIONS (ASHLEYMANSOUR.COM)
LEGAL NOTICE: PLEASE READ CAREFULLY. These Terms and Conditions (“Terms”) govern your access to and use of AshleyMansour.com and any related pages, features, content, communications, and services offered through the website (collectively, the “Site”). By accessing or using the Site, subscribing to any newsletter, registering for an event, creating an account (if available), downloading materials, or purchasing any product through the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.
These Terms form a binding agreement between you and Monikher, LLC, a California limited liability company (“Company,” “we,” “us,” or “our”), which operates the Site for Ashley Mansour.
(1) COMPANY INFORMATION; SITE PURPOSE
The Site is operated by Monikher, LLC for the author brand Ashley Mansour. The Site may include, without limitation, author news, blog content, newsletters, event information, social media links, and links to purchase books through third-party retailers. The Site may also offer Company products for sale directly, including (as available) books, signed items, merchandise, event tickets, and/or digital items (“Products”).
(2) ELIGIBILITY; AGE REQUIREMENTS
You must be at least 18 years old (or the age of majority in your jurisdiction) to purchase Products or submit any legally binding request through the Site. If you are under 18, you may browse the Site and subscribe to free content only with the permission of a parent or legal guardian.
(3) CHANGES TO THE SITE AND TERMS
We may modify, suspend, or discontinue any part of the Site at any time, including content, features, and availability. We may update these Terms from time to time. Changes are effective when posted on the Site. Your continued use of the Site after changes are posted constitutes acceptance of the updated Terms.
Your use of the Site is also subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to our collection and use of information as described in the Privacy Policy.
(5) NEWSLETTERS, EMAIL COMMUNICATIONS, AND OPT-OUT
By subscribing to our newsletter, downloading a free resource, registering for an event, creating an account (if available), or making a purchase, you agree that we may send you communications related to the Site, including updates, announcements, and promotional messages.
You may unsubscribe from marketing emails at any time by using the “unsubscribe” link included in our emails. Transactional communications (e.g., purchase confirmations, event updates) may still be sent when necessary.
(6) SMS/MOBILE MESSAGING (IF OFFERED)
If we offer SMS/text messaging and you choose to opt in, you consent to receive informational and promotional text messages at the number you provided. Message and data rates may apply. You can opt out at any time by replying STOP. You agree to provide a valid number and keep it current.
(7) ACCOUNTS; PASSWORDS; SECURITY (IF OFFERED)
Some features may allow or require you to create an account. You agree to provide accurate information and keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to notify us promptly of any unauthorized use or security breach. We may suspend or terminate accounts for suspected misuse or violations of these Terms.
(8) INTELLECTUAL PROPERTY; LIMITED LICENSE
All Site content, including text, graphics, images, audio, video, logos, designs, downloads, and other materials (collectively, “Content”), is owned by or licensed to the Company and is protected by intellectual property laws.
We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Site and Content for your personal, non-commercial use. You may not reproduce, distribute, modify, publish, create derivative works from, publicly display, or exploit any Content without our prior written consent, except where permitted by law.
(9) PROHIBITED USES
You agree not to:
Use the Site for any unlawful purpose or in violation of any applicable law;
Interfere with Site security, functionality, or access;
Upload or transmit malware, viruses, or harmful code;
Attempt to gain unauthorized access to the Site, servers, or accounts;
Scrape, harvest, or collect data (including emails) without permission;
Impersonate any person or misrepresent affiliation;
Post or transmit abusive, defamatory, obscene, harassing, or infringing content;
Use the Site or Content for commercial resale or exploitation.
(10) THIRD-PARTY LINKS AND RETAILERS
The Site may link to third-party websites and services, including book retailers (e.g., Amazon, Barnes & Noble), ticketing platforms, and social networks (“Third-Party Sites”). We do not control Third-Party Sites and are not responsible for their content, policies, availability, pricing, fulfillment, shipping, returns, or customer service.
Purchases made on Third-Party Sites are governed by the third party’s terms and policies. The inclusion of links does not imply endorsement.
(11) DIRECT SALES THROUGH THE SITE (IF/WHEN AVAILABLE)
If Products are sold directly through the Site, the following terms apply:
(11.1) ORDERS; ACCEPTANCE
All orders are subject to our acceptance. We may refuse, cancel, or limit orders at our sole discretion, including due to suspected fraud, errors, or inventory limitations. If we cancel an order after payment is processed, we will issue a refund to the original payment method for the purchase price paid.
(11.2) PRICING; ERRORS
Prices and availability may change without notice. We may correct errors in pricing, descriptions, or availability. If a pricing error occurs, we may cancel the order and refund amounts paid.
(11.3) PAYMENT AUTHORIZATION
By providing payment information, you represent that you are authorized to use the payment method and authorize us (and/or our payment processor) to charge the total amount of your order, including applicable taxes and shipping.
(11.4) TAXES
You are responsible for applicable taxes associated with your purchase, unless otherwise stated.
(11.5) SHIPPING; DELIVERY (PHYSICAL GOODS)
If physical Products are sold, shipping timelines are estimates and not guarantees. Risk of loss passes to you upon delivery to the carrier unless otherwise required by law. You are responsible for providing accurate shipping information.
(11.6) RETURNS AND REFUNDS (PHYSICAL GOODS)
Unless a separate written policy is posted at checkout, physical goods are generally final sale, except where a Product arrives damaged or defective. If your item arrives damaged or defective, you must contact us within 7 days of delivery with supporting documentation (e.g., photos). If approved, we may offer replacement, store credit, or refund at our discretion, subject to applicable law.
(11.7) DIGITAL GOODS
Digital items (including downloadable files) are delivered electronically and are final sale once delivered, except where required by law.
(12) CHARGEBACKS; PAYMENT DISPUTES
If you believe a charge is incorrect, you agree to contact us first at support@ashleymansour.com to attempt resolution. We reserve the right to contest chargebacks where appropriate. Fraudulent or abusive chargebacks may result in account restrictions, cancellation of access (if applicable), and collection efforts as permitted by law.
(13) EVENTS; TICKETS; CHANGES
Event details, schedules, venues, and appearances are subject to change. If we sell or distribute tickets (directly or through a ticketing partner), ticket purchases may be governed by additional policies disclosed at checkout or by the ticketing platform.
We are not responsible for third-party venue policies, travel costs, or expenses you incur. If an event is postponed, rescheduled, or canceled, remedies (if any) will be handled according to the applicable event policy and/or ticketing platform terms.
(14) PHOTOGRAPHY AND VIDEO AT EVENTS
If you attend a Company event, you acknowledge that photographs, audio, and video recordings may be taken. Unless prohibited by law, you grant the Company permission to use your likeness, image, and voice captured at the event for legitimate purposes such as marketing, documentation, and promotion, without compensation. If you have a concern, notify event staff where feasible.
(15) USER CONTENT; COMMENTS; COMMUNITY FEATURES (IF OFFERED)
If the Site allows you to post comments, submit content, or interact (“User Content”), you are solely responsible for your User Content. You represent and warrant that you own or have rights to post it and that it does not violate law or third-party rights.
You grant the Company a non-exclusive, worldwide, royalty-free license to use, display, reproduce, distribute, and create derivative works of your User Content as needed to operate, promote, and improve the Site.
We may remove or moderate User Content at our discretion.
(16) UNSOLICITED SUBMISSIONS POLICY
We do not accept or review unsolicited creative ideas, manuscripts, story concepts, proposals, or similar materials. Do not send them. If you nevertheless submit unsolicited materials, you agree that:
The submission is non-confidential;
We have no obligation to you regarding the submission; and
We may develop or use similar ideas without compensation or attribution.
(17) TESTIMONIALS AND ENDORSEMENTS
Any testimonials or endorsements presented on the Site reflect individual experiences and are not guarantees of results. Experiences may vary. We do not represent that any user will achieve the same outcomes.
(18) DISCLAIMERS; INFORMATIONAL PURPOSES
The Site and Content are provided for informational and entertainment purposes only and do not constitute legal, medical, financial, tax, or professional advice. You are responsible for your decisions and actions. If you need professional advice, consult a qualified professional.
(19) TECHNOLOGY DISCLAIMER
We attempt to maintain Site availability but do not guarantee uninterrupted or error-free operation. Temporary interruptions may occur due to maintenance, updates, outages, or circumstances beyond our control.
(20) LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE, CONTENT, OR PRODUCTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR ANY PRODUCT SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE COMPANY FOR THE PRODUCT OR SERVICE THAT GAVE RISE TO THE CLAIM IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
(21) INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company and its officers, directors, contractors, affiliates, successors, and assigns from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) your violation of these Terms; or (c) your infringement of any third-party rights.
(22) TERMINATION
We may suspend or terminate access to the Site (including any account, if offered) at any time if we believe you have violated these Terms or engaged in misuse. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) shall survive.
(23) GOVERNING LAW
These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
(24) DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER
Please read this section carefully. It affects your rights.
(24.1) Informal Resolution
Before filing a claim, you agree to attempt to resolve the dispute by contacting us at support@ashleymansour.com with a brief description of the issue and your requested resolution.
(24.2) Binding Arbitration
If a dispute cannot be resolved informally, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, Content, or Products (a “Dispute”) will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules, unless you and the Company mutually agree otherwise.
(24.3) Exceptions
Either party may bring an individual claim in small claims court if it qualifies. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or prevent unauthorized use of the Site or Content.
(24.4) No Class Actions
YOU AND THE COMPANY AGREE THAT DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
(25) DMCA COPYRIGHT NOTICE
If you believe content on the Site infringes your copyright, please send a notice to our designated agent:
Your notice should include: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location on the Site; (c) your contact information; (d) a statement that you have a good-faith belief the use is unauthorized; (e) a statement under penalty of perjury that the information is accurate and that you are the copyright owner or authorized agent; and (f) your electronic or physical signature.
(26) FORCE MAJEURE
We are not liable for any delay or failure to perform due to events beyond our reasonable control, including acts of God, natural disasters, pandemics, power or internet outages, labor disputes, war, governmental actions, or third-party service interruptions.
(27) SEVERABILITY
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
(28) ENTIRE AGREEMENT
These Terms, together with the Privacy Policy and any additional policies posted at checkout or in connection with specific Products or events, constitute the entire agreement between you and the Company regarding the Site and supersede prior or contemporaneous communications.
(29) CONTACT INFORMATION
Questions about these Terms should be sent to: support@ashleymansour.com or
ashley mansour c/o craig robinson, Monikher, LLC Re: TERMS & CONDITIONS 4695 MacArthur Court, Suite 1100, Newport Beach, CA 92660