MONSTER ENERGY MEDIA MANAGEMENT SITE

TERMS AND CONDITIONS

Last Updated: 7/19/2016

Welcome to the Monster Energy Media Management website, located at https://mm.monsterenergy.com (the “Site”) and operated by Monster Energy Company (“Monster Energy”). This Site is intended for usage only by authorized representatives of media outlets, publishers, broadcasters and other distributors of content (each, a “Publisher”). To use the Site, you must be at least 18 years old, and a current principal or employee of an authorized Publisher.

THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU ON BEHALF OF YOURSELF AND/OR YOUR COMPANY OR ORGANIZATION THAT IS A PUBLISHER, AND MONSTER ENERGY. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE SITE AND CREATING YOUR ACCOUNT. BY CLICKING TO CONFIRM “I AGREE TO THE TERMS & CONDITIONS”: (A) YOU REPRESENT AND WARRANT TO MONSTER ENERGY THAT YOU HAVE FULL POWER AND AUTHORITY TO BIND YOURSELF AND PUBLISHER; AND (B) YOU AND PUBLISHER AGREE TO BE BOUND BY, AND ARE EACH BECOMING A PARTY TO, THIS AGREEMENT. IF YOU OR PUBLISHER DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK WHERE IT SAYS “I AGREE TO THE TERMS & CONDITIONS” AND DISCONTINUE YOUR REGISTRATION. YOUR USE OF THE SITE MEANS THAT YOU AND PUBLISHER AGREE TO THE TERMS OF THIS AGREEMENT. ALL REFERENCES TO “YOU” IN THIS AGREEMENT REFERS TO BOTH YOU AND PUBLISHER.

References in this Agreement to “Monster Energy,” “we,” “us” or “our” means Monster Energy Company. We may at our sole and absolute discretion change, add, modify or delete portions of this Agreement at any time subject to the provisions of section 13 below. It is your sole responsibility to review this Agreement for changes prior to use of the Site, and in any event, your continued use of the Site following the posting of changes to this Agreement and the Privacy Policy set forth elsewhere on the Site, the terms of which are incorporated by this reference, constitutes your acceptance of any changes. You shall be exclusively responsible for the supervision, management, and control of your user account information and password for the Site, and you shall ensure that you properly exit the Site at the end of each session.

PLEASE NOTE THAT THIS AGREEMENT REQUIRES THAT DISPUTES BE RESOLVED ONLY BY ARBITRATION (AND NOT BY COURT LITIGATION) IN ORANGE COUNTY, CALIFORNIA, AND WAIVES ANY RIGHT TO JURY TRIAL.

In addition, you consent to the collection and use of your data in accordance with our Privacy Policy.

Any information we collect from, about or on behalf of a Publisher entity shall be treated as “Personal Information” under our Privacy Policy.

In some instances, both this Agreement and a separate terms of service or guidelines document setting forth additional conditions may apply to a specific item of content, material, product or service offered via the Site (“Additional Terms”). The Additional Terms are incorporated by reference into these Terms. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

1. Account Registration and Access . Access to this Site and the ability to access, download and/or use content, material products or services available on the Site is only granted to current principals, employees or representatives of authorized Publishers. Monster Energy reserves sole discretion to determine which Publishers are authorized to access and use the Site. To use the Site, each principal, employee or representative of an authorized Publisher must register and create a separate user account on the Site. Accessing a user’s account acknowledges authorization to contractually bind the user and the user’s associated Publisher, and acknowledges the user’s review and acceptance (on behalf of the user and associated Publisher) of this Agreement and our Privacy Policy. You are responsible for maintaining the security and confidentiality of your account information and password, if any, and your account, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access your account or any password protected portion of the Site using your name in whole or in part. You agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your account or any account rights. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you cease being a principal, employee or representative of an authorized Publisher, you agree that you will no longer attempt to use the Site or access your account.

2. Material on the Site and Intellectual Property Rights . The Site provides content, material, graphics, images, audio, videos, designs, advertising copy, trademarks; logos and other material (the “Licensed Material”) about or related to Monster Energy. All Licensed Material is protected under applicable U.S. and international copyright, trademark and intellectual property laws. “Monster Energy” and our logos and other marks are either trademarks or registered trademarks of Monster Energy (“Trademarks”). We or our content suppliers own all worldwide right, title and interest in and to all the Licensed Material, Trademarks and other materials included within the Site and related to the Site, and all modifications and derivative works thereof, and all intellectual property rights related thereto (the “Intellectual Property”). The posting of Licensed Material on the Site and our grant (in section 3 below) of a license to use the Licensed Material by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. No ownership or copyright in any Licensed Material shall pass to you by the issuance of the license contained in this agreement. You shall not challenge, contest or otherwise impair Monster Energy’s ownership of the Site and the content therein or the validity or enforceability of Monster Energy’s rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any Licensed Material appearing on the Site at any time without notice. Nothing contained in this Agreement shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property right of Monster Energy or any third party. Third-party content providers own the copyright in content that is original to them. The compilation of all content on the Site is the exclusive property of Monster Energy.

3. License Granted For Use of Media Content

(a) License. Subject to your strict compliance with these Terms, Monster Energy grants you a limited, non-exclusive, revocable, non-assignable and non-transferable license to download, distribute, display, view, publicly perform and/or use (collectively, “Reproduce”) any Licensed Material for the sole purpose of publishing or distributing editorial commentary or reporting information about Monster Energy, its products, or services. The license for you to Reproduce specific items of Licensed Material may be limited with respect to time period, geographic areas, type of media and other limitations for your permitted usage; any such license limitations shall be indicated with the specific item of Licensed Material. You are responsible for carefully reviewing any license limitations for Licensed Material.

(b) Restrictions.

(1) You may only Reproduce the Licensed Material as part of editorial commentary or reporting information about Monster Energy, its athletes, entertainers, products or services. You may not Reproduce the Licensed Material by itself, and you may not make the Licensed Material available in a manner intended to allow or invite a third party to download, extract, redistribute or access the Licensed Material as a standalone file.

(2) If you do not publish any authorized content (editorial commentary or reporting information) which Reproduces the Licensed Material within three (3) months after you initially download that Licensed Material from the Site, the license granted to you in paragraph 3(a) for that specific item of Licensed Material will terminate. You may be permitted to re-download an asset from the Site if your use and access of the Site has not be terminated or revoked by Monster Energy.

(3) You may not make Reproduce any Licensed Material for any commercial, promotional, endorsement, advertising or merchandising purpose.

(4) You may crop or otherwise edit Licensed Material for size or technical quality, but you may not otherwise modify, alter, distort or adapt any Licensed Material. Except for incorporating the Licensed Material in any editorial commentary or reporting, you may not otherwise make any derivative works using or based upon the Licensed Material.

(5) You must keep intact all trademark, copyright and other proprietary notices contained in the Licensed Material.

(6) You may not falsely represent, expressly or impliedly, that you are the author, creator or owner of any Licensed Material.

(7) Without prior written permission from us, you may not Reproduce the Licensed Material in any manner that suggests association with Monster Energy, our products, services or brands.

(8) You may not Reproduce Licensed Material for any improper purpose, or in any manner that is obscene, pornographic, adult-themed, defamatory, offensive or in connection with illegal products, content, services or materials.

You acknowledge that any unauthorized use of any Intellectual Property could cause irreparable harm to Monster Energy and agree that in the event of any such unauthorized use, we shall be entitled to an injunction in addition to any other remedies available at law or in equity.

4. Prohibited Activities on Site. In connection with your use of the Site: (a) you must not allow nor aid or abet any third party (whether or not for your benefit) to: (i) copy or adapt the source or object code of the Site’s software, HTML, JavaScript or other programming code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its web pages or any software or other products or processes accessible through the Site; and (b) you must not insert any code or product to manipulate the Intellectual Property in any way that affects any user’s experience of the Site; (c) you will not use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Intellectual Property (except as may be a result of standard Internet browser or search engine); (d) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Intellectual Property in any way for any public or commercial purpose except as specifically permitted by this Agreement or Monster Energy without the prior written consent of Monster Energy.

5. Copyright Policy . If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with the following information: a description of the copyrighted work that you claim has been infringed and where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a signed statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Monster Energy’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Monster Energy, Attn: Legal Department, 1 Monster Way, Corona, California 92879.

6. Privacy . Any and all information that we obtain from you, or from transactions processed through the Site, including names, addresses, telephone numbers, e-mail addresses and any other information concerning use, transactions, and traffic through the Site may be collected and used by us as provided in our Privacy Policy. You confirm that you have read and agree to the terms of our Privacy Policy, the terms of which are incorporated herein. Among other things, we may use data collected (including through use of cookies and other methods to automatically or passively collect information when you visit and interact with the Site) about you and your use of the Site for various purposes – including for analytics purposes to evaluate and provide us with information about use of the Site and Licensed Material, and to enhance or otherwise improve the Site. We make no and disclaim all representations or warranties with regard to the sufficiency of the security measures used for data handling and storage. We will not be responsible for any actual, consequential special or incidental damages that result from a lapse in compliance with our Privacy Policy because of a security breach or technical malfunction.

7. International Users; L ocation of Site and Territorial Restrictions

(a) If you use the Site from outside of the United States, your connection will be through and to servers located in the United States, and all information you provide will be processed and maintained in our web servers and internal systems located within the United States. By using the Site, you authorize the export of personal information to the United States and its storage and use as specified above when you provide such information to us.

(b) The Licensed Material, content, services and information provided on the Site are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Monster Energy to any registration requirement within such jurisdiction or country. Monster Energy controls and operates the Site from offices located in the United States and makes no representations or warranties that the Licensed Material, content, services or information contained on the Site are appropriate for use or access in other locations. Anyone using or accessing the Site from other locations does so on his or her own initiative and is responsible for compliance with United States and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any Licensed Material, content, service, or other information described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion.

8. Your Warranties

By accessing or using the Site, you represent and warrant that: (a) you have the legal right and capacity to enter into this Agreement (on behalf of yourself and Publisher) in your jurisdiction where you reside and to comply with this Agreement; (b) your activities in connection with the Site and any Licensed Materials offered on the Site are lawful in every jurisdiction where you access or use the Site or the Licensed Materials offered on the Site; (c) all information you provide to Monster Energy is true, accurate, complete and current; and (d) you hold and will continue to hold all rights necessary to enter into and perform your obligations under this Agreement.

9. Disclaimer .

(a) THE SITE AND ALL LICENSED MATERIAL, CONTENT, SERVICES, AND INFORMATOIN CONTAINED IN THE SITE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM, USAGE, TITLE OR QUIET ENJOYMENT. IN ADDITION, MONSTER ENERGY DISCLAIMS (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, FOR INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE SITE OR LICENSED MATERIALS, CONTENT, SERVICES AND INFORMATION PROVIDED THEREIN; (C) WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, FOR OR RELATED TO SYSTEM INTEGRATION OR FREEDOM FROM COMPUTER VIRUS OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE SITE OR CIRCUMSTANCES OVER WHICH MONSTER ENERGY HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MONSTER ENERGY SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR USE OF ANY LICENSED MATERIAL, CONTENT, SERVICES OR INFORMATION ACCESSED THROUGH THE SITE OR MATERIAL OBTAINED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MONSTER ENERGY THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND.

(b) MONSTER ENERGY DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. MONSTER ENERGY DOES NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND MONSTER ENERGY SPECIFICALLY DISCLAIMS SUCH WARRANTIES.

(c) SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.

(d) YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY LICENSED MATERIALS, CONTENT, SERVICES OR INFORMATION OFFERED ON THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE OR SUCH MATERIALS, CONTENT, SERVICES OR INFORMATION.

10. Limitation of Liability .

MONSTER ENERGY, AND ITS PARENT, SUBSIDIARIES OR AFFILIATES AND EACH OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, SHAREHOLDERS, AGENTS, VENDORS, AND CONTRACTORS (COLLECTIVELY, THE “MONSTER ENERGY PARTIES”) SHALL NOT BE LIABLE OR RESPONSIBLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (i) THE SITE; (ii) THE LICENSED MATERIAL, CONTENT, SERVICES OR INFORMATION OFFERED THROUGH THE SITE; (iii) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (iv) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE MONSTER ENERGY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (v) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (vi) ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION; OR (vii) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION -- INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE MONSTER ENERGY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE MONSTER ENERGY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. IN NO EVENT WILL THE MONSTER ENERGY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION (OF ANY KIND AND REGARDLESS OF THE FORM) RELATED TO YOUR USE OF THE SITE OR ANY LICENSED MATERIALS EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100).

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

WAIVER OF UNKNOWN CLAIMS. BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

11. Indemnity . You agree to defend (if requested by Monster Energy), indemnify and hold harmless the Monster Energy Parties from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your use of the Site or activities in connection with the Site, and/or the use of the Site by any other person using your user account(s); (b) your use of any Licensed Materials, content, services or information offered on the Site; (c) your breach or anticipatory breach of this Agreement or any of your representations and warranties set forth in this Agreement; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer or other device used to access the Site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the use of your information by Monster Energy or its service providers. You will cooperate as fully required by the Monster Energy Parties in the defense of any claim. Notwithstanding the foregoing, the Monster Energy Parties retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this Section. The Monster Energy Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Monster Energy Parties.

12. Termination and Modifications

(a) Termination. Monster Energy reserves the right to terminate your account and/or your access to and use of all or any part of the Site at any time, in its sole discretion, without notice and liability, including, without limitation, if Monster Energy believes your conduct fails to conform with this Agreement. We may also terminate your account or block your access to the Site in the event that you (a) breach this Agreement, (b) we are unable to verify or authenticate any information you provide to us, or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us. Termination shall be without prejudice to any other right or remedy to which we or our affiliates may be entitled under this Agreement or at law. Monster Energy also reserves the right to investigate suspected violations of this Agreement, including, without limitation, any violation arising from any e-mails you send to the Site or Monster Energy. Any violation, or potential violation, of this Agreement may be referred to law enforcement authorities.

(b) Modifications to Site. Monster Energy reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any material, products or services available on the Site, without limitation, in whole or in part, including the cessation of all activities associated with the Site, with or without notice. You agree that Monster Energy will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof.

(c) What happens upon Termination? Upon termination of your account or access to the Site, or upon demand from Monster Energy, all rights granted to you under this Agreement will cease immediately, and you agree that you will immediately discontinue use of the Site, including links to the Site and/or use of materials downloaded from the Site. The following sections shall survive termination of these Terms: 2, 4, 5, 6, 8-14.

13. Updates to Agreement

Monster Energy reserves the right to modify or add to this Agreement or any Additional Terms from time to time (“Updated Agreement”). You agree that we may notify you of the Updated Agreement by posting it on the Site so that they are accessible via a link on the home page of the Site, and that your use of the Site after we have posted the Updated Agreement (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Agreement. Therefore, you should review this Agreement and any Additional Terms from time to time, and before using the Site. The Updated Agreement will be effective upon reasonable notice after posting, or such later date as may be specified in the Updated Agreement.

14. Miscellaneous .

(a) This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

(b) Subject to the arbitration provision below, any legal actions related to this Agreement and/or the Site, or your use thereof, shall be brought and conducted in Orange County, California, and each user hereby consents to such jurisdiction and authorizes and accepts service of process sufficient for personal jurisdiction in any action against him as contemplated by this section. Any dispute, controversy or claim arising out of or relating to this Agreement or the breach or termination hereof shall be settled by binding arbitration conducted by JAMS/Endispute (“JAMS”) in accordance with JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”). The arbitration shall be heard by one arbitrator to be selected in accordance with the Rules, in Orange County, California. Judgment upon any award rendered may be entered in any court having jurisdiction thereof. Within seven (7) calendar days after appointment, the arbitrator shall set the hearing date, which shall be within ninety (90) calendar days after the filing date of the demand for arbitration unless a later date is required for good cause shown and shall order a mutual exchange of what he/she determines to be relevant documents and the dates thereafter for the taking of up to a maximum of five (5) depositions by each party to last no more than two (2) business days in aggregate for each party. All parties waive the right, if any, to obtain any award for exemplary or punitive damages or any other amount for the purpose or imposing a penalty from the other in any arbitration or judicial proceeding or other adjudication arising out of or with respect to this Agreement, or any breach hereof, including any claim that said Agreement, or any part hereof, is invalid, illegal or otherwise voidable or void. In addition to all other relief, the arbitrator shall have the power to award reasonable attorneys’ fees to the prevailing party. The arbitrator shall make his or her award no later than seven (7) calendar days after the close of evidence or the submission of final briefs, whichever occurs later. YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.

(c) If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor the right to enforce such provision.

If you have any questions regarding this Agreement, please contact us:

Monster Energy Company
Attn: Legal Department
1 Monster Way
Corona, CA 92879
Tel: 866-322-4466
Fax: 951-739-6210

Copyright 2016 Monster Energy Company. All rights reserved.