Terms Of Use

THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, THE END USER (ON BEHALF OF YOURSELF, OR YOUR COMPANY OR ORGANIZATION), AND MONSTER. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THIS WEBSITE, THE SOFTWARE APPLICATIONS, AND RELATED SERVICES (COLLECTIVELY, “SITE”) AND IF APPLICABLE, CREATING YOUR ACCOUNT. BY CONTINUING TO USE THE SITE, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS WEBSITE. YOUR USE OF THE SITE MEANS THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT.

References in this Agreement to “we,” “us” or “our” mean Monster, and its current and future parent corporations, subsidiaries, sister corporations, and other affiliates, whether directly or indirectly, wholly or partially, owned or controlled by Monster or its parent corporations (the foregoing, collectively the “Monster Affiliates”)”. We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice, to the extent permitted by the laws applicable in your jurisdiction. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified you of such changes. It is your sole responsibility to review this Agreement for changes prior to use of the Site, and in any event and to the maximum extent permitted by applicable law, your continued use of the Site following the posting of changes to this Agreement and the Privacy Policy and Cookie Policy set forth elsewhere on the Site, the terms of which are incorporated by this reference, constitutes your acceptance of any changes. You must be at least 16 years old to use the Site. By using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.

The Site is controlled or operated (or both) by us from the United States and, to the fullest extent permitted by applicable law is not intended to subject us to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

1. Your Account. To use certain features of the Site, you may be required to create an account. If you choose to create an account, you agree to provide and maintain current, accurate, complete, and true information about yourself as requested at the time of registration or any other time information is requested. Your account is unique to you as an individual and you cannot be associated with more than one account. Your username and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Monster, Monster reserves the right, in its sole discretion, to terminate your account and/or refuse services to you. Our Privacy Policy governs the data you provide in connection with your account and certain other information about you.

2. Intellectual Property. The content, organization, graphics, design, compilation, and other matters related to the Site are protected under applicable U.S. and international copyright, trademark and intellectual property laws. “Monster”, our logos, trademarks, service marks, tradenames and other distinctive marks designating Monster or the Site are either trademarks or registered trademarks of Monster or the Monster Affiliates (“Trademarks”). We exclusively own all worldwide right, title and interest in and to all the Trademarks, documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions 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 information or materials on the Site by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. You shall not challenge, contest or otherwise impair Monster’s ownership of the Site and the content therein or the validity or enforceability of our rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or other content 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 Site, Intellectual Property or any copyright, trademark, patent or other intellectual property right of Monster, the Monster Affiliates or any third party. Subject to the terms and conditions of this Agreement, Monster grants you a limited, non-exclusive, revocable license to access and make personal use of the Site and the Intellectual Property contained therein solely for your own personal, noncommercial use and only to the extent such use does not violate this Agreement. None of the material on our Site may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of Monster, which permission may be withheld in our sole and absolute discretion.

3. No Solicitation. While we love to hear from our fans, it is Monster’s policy not to accept unsolicited submissions of ideas or other creative material. This is to avoid any misunderstandings if Monster’s products or marketing that we develop independently seem similar to ideas submitted to us. We must therefore request that you do not send us any original creative materials such as ideas for new or improved products, advertising campaigns, or product names, etc. Any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Monster or the Monster Affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Monster and the Monster Affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site (the “Feedback”) for any purpose whatsoever, including, but not limited to, developing, and marketing products using such information. You hereby assign and undertake to assign to Monster, on your behalf, all right, title and interest in and to the Feedback, and this assignment shall be effective as of the date of creation of such right, title and interest. You agree and undertake to waive any moral rights you have or may have in and to the Feedback. You also agree to complete and sign any documents that Monster may reasonably require to give full effect to this provision.

4. Copyright Policy. All original works reproduced or published on the Site are protected by copyright. The owner of the copyright in each work reserves all rights to it. You acknowledge and agree that it is an infringement of copyright for any person to do, without the consent of the copyright owner, anything that only the copyright owner has the right to do under applicable copyright laws. Without limiting the foregoing, 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’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Monster Energy Company DMCA Agent, Attn: Knobbe Martens, 2040 Main Street 14th Floor, Irvine, CA 92614 USA.

5. Accuracy of Information. While we use reasonable efforts to include accurate and up to date information in the Site, we make no and disclaim all warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the information contained on the Site.

6. Our Rights To Your Content. Any Content (as defined in the next sentence) you submit, upload, publish, display or post (hereinafter, “post”) to the Site (including through the use of social media aggregators) will be treated as non-confidential and non-proprietary by Monster. You are solely responsible for any content, communications, discussions, chats, postings, transmissions, news, messages, photos, videos, comments, blogs, profiles or other information or materials (collectively, “Content”) that you post to the Site and on your social media accounts, which the Site may aggregate, which could be viewable by other visitors or users of the Site. By posting Content on the Site or your social media accounts and using a hashtag in the post identifying Monster, Monster Affiliates, or any of their associated brands, you grant to Monster and the Monster Affiliates, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, distribute, publish, and/or broadcast, in whole or in part, in any medium and in any manner on this Site or otherwise, such information and Content and that Monster and the Monster Affiliates have the right to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sublicenses of the foregoing. You understand and agree that Monster may review and delete any Content that in the sole judgment of Monster violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of Monster or any user of the Site.

7. Posting On The Site. You represent and warrant that: (i) you own any Content posted by you on the Site or otherwise submitted to us in connection with the Site, have obtained all required consents, where applicable, and have the right to grant the applicable license set forth herein, and (ii) posting and publishing any such Content does not infringe, misappropriate or otherwise violate any third-party intellectual property, publicity, privacy, statutory, legal, contractual, personal or other rights. You shall not post any Content that is libelous, defamatory, obscene, pornographic, threatening, hateful, racist, xenophobic, homophobic, sexist, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law or obligation of confidentiality. We may screen or monitor posted Content for legal or other purposes, though we have no obligation to do so. We may disclose Content and the circumstances surrounding their transmission to anyone for any reason or purpose. We assume no and disclaim all responsibility or liability arising from the Content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information provided in the Content. Do not post personally identifiable information of yourself in areas other than within your profile and of those of others. We reserve the right, in our sole discretion, to reject, refuse to post or remove any Content, profile or posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. Your participation in any offline Monster event is at your sole risk.

8. Third Party Content. You may use and/or access content provided or generated by third parties through the Site. Monster cannot guarantee that such content will be free of any material or information that you may find objectionable. Monster disclaims all liability related to your access to such content and makes no warranties, express or implied, regarding such third party content. Third party content may require consents or licenses to such rights, including for commercial exploitation of such content. Monster does not represent or warrant that such consents or licenses have been obtained and expressly disclaims any liability in connection therewith. Further, Monster disclaims any warranty of non-infringement or title with respect to such third party content. Accordingly, by using, downloading, or otherwise obtaining third party content available on the Site, you agree to do so at your own risk and to assume all risk of damages resulting from your use of any third party content. Your use, downloading or otherwise obtaining of third party content is at your sole and absolute discretion and risk.

9. External Sites. The Site may contain hyperlinks to external websites that take you off the Site (the “External Sites”). You acknowledge and agree that Monster is not responsible for the availability of such External Sites or the accuracy of the content, products or services available on such External Sites. Hyperlinks to External Sites do not imply that Monster endorses or approves of such External Sites. You acknowledge and agree that you assume all risks arising from your use of External Sites. By using the Site, you expressly release Monster from any and all liability arising from your use of any External Site, and you are bound by the terms of use and privacy policy applicable to such External Sites.

10. Rules of Conduct. In connection with the Site, you must not:

(a) Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

(b) Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful.

(d) Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.

(e) Restrict or inhibit any other person from using the Site.

(f) Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without our express prior written consent.

(g) Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.

(h) Remove any copyright, trademark or other proprietary rights notice from the Site.

(i) Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without our express prior written consent.

(j) Systematically download and store Site Content.

(k) Use any robot, spider, crawler, scraper, site search/retrieval application, artificial intelligence system, or other manual or automated device to retrieve, index, copy, train on, “scrape,” “data mine,” or otherwise gather Site Content, or to reproduce or circumvent the navigational structure or presentation of the Site, except as expressly permitted below or as permitted by instructions in the Site’s robots.txt file, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory and any other applicable technical measures, we grant permission to operators of public search engines and permitted artificial intelligence or generative engine crawlers to access, retrieve, and copy publicly available Site Content solely for the purposes of indexing, ranking, retrieval, summarization, response generation, or citation in publicly available search, discovery, or answer services, and only to the extent reasonably necessary for such purposes. Such permission does not permit the creation of permanent archives, redistributable datasets, or standalone content repositories, nor does it permit use of Site Content in a manner that is misleading, competitive, defamatory, or otherwise harmful to the brand. We reserve the right to revoke or modify any such permission at any time, either generally or in specific cases, without notice. Changes to the Site's robots.txt file shall constitute notice of revocation or modification as to crawlers that access the Site.

You will not use our Site for any purposes that is unlawful or prohibited by the terms of this Agreement. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Site.

11. Publicity and Privacy. You hereby acknowledge and agree that any Content you post on to, or is aggregated through, the Site could be viewable by visitors, other users of the Site and the public and that you have no expectation of confidentiality or non-disclosure with regard to your Content. We cannot guarantee security of information on the Site; all use thereof is at your own risk. We are not responsible for the accuracy of any Content contained on our Site. Please choose carefully the information and Content you post on the Site, your social media channels where the post hashtags Monster, Monster Affiliates, and/or any of their associated brands, and that you provide to others. Your MONSTER and social media account profile may include personally identifiable items, including last names, email addresses, telephone numbers, and street addresses.

Any and all information that we obtain from you, or from transactions processed through the Site, including names, addresses, telephone numbers, e-mail addresses, payment information, 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 acknowledge the terms of our Privacy Policy, the terms of which are incorporated herein.

12. Mobile Messaging: Some of the Site and related services offer prerecorded/artificial voice calls, text, SMS, or MMS messaging services (collectively, “Mobile Messages”). By enrolling or otherwise agreeing to receive Mobile Messages from or on behalf of Monster, you consent to receive recurring Mobile Messages via an automated telephone dialing system to the number you provided, including but not limited to for certain offers, updates, sweepstakes, and other telemarketing and promotional communications, without regard to time-of-day restrictions. You may also choose to sign up for other Mobile Message programs, for example regarding a special promotion. The frequency of Mobile Messages may vary. You can text STOP at any time. For help text HELP at any time or call the applicable number below. Text, message and data rates may apply. Monster and carriers are not liable for delayed or undelivered messages. You are not required to give consent as a condition of purchasing any property, goods, or services. Carrier specific charges for text messages and data may apply for each message sent or received, depending on your individual carrier’s cellular pricing plan, in accordance with your cellular customer agreement. Not all mobile devices are supported. SMS/MMS may not be available for all service providers or for all handsets. Cellular phone carrier’s instructions for text messaging may be different. Wireless service providers may charge you for each Mobile Message, including any error message that is sent and received in connection with the communication, based on the applicable wireless service plan.

· Monster Energy: (855) 488-1212

· Reign: (833) 836-5857

· Bang: (800) 503-6177

· Storm: (844) 538-7742

· NOS: (866) 204-9679

· Full Throttle: (844) 538-7741

13. International Users. If you use the Site from outside of the United States, your connection will be through and to servers located in the United States, your orders placed through the Site will be fully processed in and shipped from 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 understand and acknowledge the export of personal information to the United States and its storage and use as specified above when you provide such information to us.

14. Remedies. We may restrict, suspend, or terminate your access to all or any part of the Site, including suspending or terminating your account (or any part thereof), with or without notice for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. 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.

15. Disclaimer. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS AND PRODUCTS CONTAINED IN THE SITE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. IN ADDITION, MONSTER DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS, OR TIMELINESS OF THE SITE; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE SITE, INCLUDING THE UNAVAILABILITY OF THE SITE, OR CIRCUMSTANCES OVER WHICH THE ORGANIZATION HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO, AND DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SUFFICIENCY OF THE SECURITY MEASURES USED FOR DATA HANDLING AND STORAGE, AND 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. MONSTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR USE OF ANY INFORMATION ACCESSED THROUGH THE SITE OR PRODUCTS PURCHASED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MONSTER THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND. MONSTER IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY INFORMATION POSTED BY ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO INFORMATION APPEARING ON ANY COMMUNITY AND/OR AGGREGATION PAGES, ANY LINKED SITES OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.

16. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MONSTER AND THE MONSTER AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, ANY INTERRUPTION OR SUSPENSION, ANY VIRUSES, OUTAGES OR NETWORK PROBLEMS AFFECTING THIS SITE, THE USE OR INABILITY TO USE OR ACCESS THIS SITE, THE RESULTS GENERATED FROM THE USE OF THIS SITE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. MONSTER MAY, AT ANY TIME AND WITHOUT PRIOR NOTICE, TEMPORARILY INTERRUPT ACCESS TO THE SITE FOR MAINTENANCE PURPOSES AIMED AT ITS PROPER FUNCTIONING, WITHOUT HAVING TO GRANT ANY COMPENSATION. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MONSTER’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO MONSTER IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM. THE LIMITATIONS OF LIABILITY CONTAINED HEREIN ARE ESSENTIAL TERMS OF THIS AGREEMENT, WITHOUT WHICH MONSTER WOULD NOT MAKE THE SITE OR PRODUCTS AVAILABLE TO YOU, AND SUCH LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING FAILURE OF THE PURPOSE OF ANY LIMITED REMEDY.

Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages. Solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

17. Indemnity. Except to the extent prohibited under applicable law, you will indemnify and hold us, our subsidiaries, parents, affiliates, officers, directors, shareholders, legal representatives, agents, and other partners and employees, harmless from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney’s fees, and other expenses of every nature and character by reason of (i) your use of the Site; (ii) your breach or alleged breach of this Agreement and/or any breach or alleged breach of your representations and warranties set forth in this Agreement; (iii) your participation in any offline Monster event; and (iv) any acts or omissions by you or on your behalf with respect to any Content or Feedback posted on or aggregated to the Site by you and/or any third party.

18. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information regarding parental controls is available from https://www.consumer.ftc.gov/articles/0029-parental-controls. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed on such site(s).

19. Governing law. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, USA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAW. ANY LEGAL ACTIONS RELATED TO THIS AGREEMENT AND/OR THE SITE, OR YOUR USE THEREOF, SHALL BE BROUGHT AND CONDUCTED IN THE FEDERAL OR STATE COURTS, AS APPLICABLE, IN ORANGE COUNTY, CALIFORNIA, AND YOU HEREBY CONSENT TO SUCH EXCLUSIVE JURISDICTION AND AUTHORIZE AND ACCEPT SERVICE OF PROCESS SUFFICIENT FOR PERSONAL JURISDICTION. 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 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.

20. Miscellaneous. Provisions that by their nature should survive termination of this Agreement will survive termination, including provisions relating to ownership and disclaimers and limitations of liability. 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. This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

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

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

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

EFFECTIVE DATE: April 2026