ChiroMonkey.com Terms of Use

By accessing or using this website in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. In addition, when you visit Chiromonkey.com and any of our participating vendor's ("Vendors") websites, you are subject to both these Terms of Use and any other terms of use and guidelines set forth at our Vendors' websites. All these rules and policies are incorporated into these Terms of Use by this reference. So please read these Terms of Use and any Vendor's terms and conditions carefully. If you do not agree to our Terms of Use, do not enter or use this Website. We reserve the right to update or otherwise modify these Term of Use from time to time. You are responsible for checking these Terms of Use periodically for changes and updates. Your use of this Website following posted change(s) and update(s) will be deemed an acceptance of such change(s).

Privacy Policy

We may collect certain types of personally identifiable information from you. Please review our Privacy Policy, which also governs your visit to this Website and sets forth the information we may collect from you and how we will protect it and use it.

Electronic Communication

When you send e-mails to us or visit this Website, you are communicating with us electronically. By communicating with us via e-mail or by submitting any request on this Website, you agree that we may send e-mail to you and you consent to receive e-mail or other electronic communications from us. Generally, we will communicate with you by e-mail or by posting notices on this Website.

Ownership

Some content on this Website, including (but not limited to), text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the compilation of any of the foregoing, is the property of ChiroMonkey and Chiromonkey.com or our Vendors and is protected by United States and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying, reproduction, modification, use, distribution, or display of the material herein or thereon (regardless of the form or media and whether by download or otherwise) is permitted without the express written permission of ChiroMonkey and any other applicable copyright owner. You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from this Website or the Services. All rights not expressly granted hereunder are expressly reserved to ChiroMonkey and Chiromonkey.com and to the respective owners of such rights. If you believe your rights under applicable copyright laws are being infringed by ChiroMonkey and Chiromonkey.com, or by another person or entity using the Website or the Services, contact us immediately using the contact information furnished in these Terms of Use.

Single Copy License

You agree that you are only authorized to visit, view and to retain a single copy of pages of the Chiromonkey.com website solely for your own individual use, and that you shall not duplicate, download, publish, modify or otherwise distribute any material on this website for any purpose other than for your own individual use unless otherwise specifically authorized by ChiroMonkey. We post legal notices and various credits on pages of the Chiromonkey.com, which may not be removed even in your permitted copy. You shall not remove these notices or credits, or any additional information contained along with the notices and credits.

Trademarks

The name "Chiromonkey", and any and all logos and designs connected thereto or associated therewith, and the names and logos of our Vendors ("Trademarks") are the exclusive property of ChiroMonkey LLC and and/or the Vendors and are protected by federal and state law. You may not use the Trademarks in any way, including, but not limited to, use as meta tags or any other "hidden text", without the express written consent of ChiroMonkey or the applicable Vendor.

We May Revise Or Terminate Any Part of the Services At Any Time

Chiromonkey.com reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Services, with or without notice and in its sole discretion. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that ChiroMonkey and Chiromonkey.com shall not be liable to you for any modification, general suspension or discontinuance of any Services. Chiromonkey.com may, in its sole discretion, refuse or restrict anyone from access to any or all of the Services at any time. Chiromonkey.com may and will terminate your service immediately, if, in our sole discretion, we believe that your conduct fails to conform with the terms and conditions of this Agreement. If you use, or attempt to use the Services for any purposes other than its intended purposes (including without limitation by tampering, hacking, modifying or otherwise corrupting the security or functionality of the Services), you may also be subject to civil and criminal liability.

Limited License & Prohibited Activities

You have a limited right and license to access the Website for your own specific business or personal use. You may not modify any page on the Website. This limited license strictly prohibits any resale or commercial use of any page on the Website, including any collection or use of any product listings, descriptions, or prices; any derivative use of the Website or any page thereon or associated therewith; any downloading or copying of account information; and any use of data mining, robots, or similar data gathering and extraction tools. You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit any page on the Website for any commercial purpose without the express written consent of ChiroMonkey. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of this Website or our Vendors without our express written consent. Any unauthorized use terminates the permission or license granted by Chirmonkey.com and may result in termination of your access to and use of this Website.

You Are Responsible For All Content That You Post

In addition, you represent and warrant that any and all information you post or otherwise provide to Chiromonkey.com by means of the Website, including, without limitation, as part of any registration or application or to gain access to any Services, is true, accurate, not misleading, and offered in good faith. Any information disclosed to you via the Services may be used only for its intended purpose. Chiromonkey.com expects that you will exercise caution, good sense and proper judgment in using the Services. You can be held liable for any illegal or prohibited content that you provide to Chiromonkey.com or to other users, including, for example, infringing, defamatory, or offensive materials. You may not, and hereby represent and warrant that you will not, post, transmit, e-mail, or otherwise make accessible on or through the Website content that:

Is unlawful, harmful, threatening, tortious, defamatory, libelous, abusive, disparaging, pedophilic, pornographic, obscene, invasive of another's privacy, hateful, or malicious;
Contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability, or sexual orientation;
Is or could be harmful to minors;
Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing (or "spamming");
Promotes information that you know (or, through the exercise of ordinary care, should have known) is false, misleading, or promotes illegal activities or conduct;
Infringes any patent, copyright, trademark, service mark, trade secret, or other proprietary right of any other party;
Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
Provides instructional information about illegal activities;
Contains a software virus or any other code, files, or programs that are designed to or have the ability to interrupt, destroy, disable, compromise, or otherwise limit the functionality of any computer programs or hardware or telecommunications equipment whether owned by Chiromonkey.com or any other person or party;
Solicits passwords, or personally identifying information for commercial or unlawful purposes from other users; or
Otherwise violates any local, state, national, or other applicable law or regulation.

Your Reviews, Comments, Communications & Other Content

Where the capability is offered, you may post reviews, comments, other content and other communications; so long as none of such User-Furnished Content breach these Terms of Use. Chiromonkey.com reserves the right (but not the obligation) to remove or edit such User-Furnished Content, but does not regularly review such User-Furnished Content and assumes no obligation to do so. If you do post any content on this Website or submit material, (i) with respect to all User-Furnished Content other than product reviews, you grant Chiromonkey.com and its Vendors a nonexclusive, royalty-free right to use, modify, distribute, reproduce, display, perform, and publish such content and (ii) with respect to product reviews, you assign, and are hereby deemed to have assigned to Chiromonkey.com all your right, title, and interest in and to such reviews, including all intellectual property rights therein and thereto. You grant Chiromonkey.com and its Vendors the right to use the name that you submit in connection with such User-Furnished Content, if and as we or they choose. By submitting any content to Chiromonkey.com, you represent and warrant that you own or otherwise control all of the rights to the content that you post; that such content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify ChiroMonkey or Chiromonkey.com and its Vendors for all claims resulting from content you provide. Chirmonkey.com has the right, but not the obligation, to monitor and edit or remove any activity or User-Furnished Content. ChiroMonkey or Chiromonkey.com takes no responsibility and assumes no liability for any User-Furnished Content posted by you or any third party.

Copyright Complaints

Chiromonkey.com respects the intellectual property rights of others. If you believe that your work has been copied or used in a way that constitutes copyright infringement, you may notify our designated agent by clicking here and following the posted instructions. [See Notice and Procedure for Making Claims of Copyright Infringement Addendum, here].

Risk Of Loss

Any products or service that you license, purchase, or otherwise acquire from or through Chiromonkey.com are made pursuant to your contract with the particular Vendor from whom you license, purchase, lease, or otherwise acquire the products or service. ChiroMonkey or Chiromonkey.com takes no responsibility and assumes no liability for any product or service that you license, purchase, or otherwise acquire from a Vendor at or through Chiromonkey.com. Any remedy you may have is exclusively against the Vendor from whom you licensed, purchased, or otherwise acquired any product or service.

Indemnity of Chiromonkey.com

You agree to indemnify and hold ChiroMonkey, Chiromonkey.com and it’s officers, editors and content contributors harmless, and, at ChiroMonkey’s request, to defend ChiroMonkey and Chiromonkey.com from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to your use (or inability to use) the Services or any other activities of yours accomplished using the Services.

Product And Service Descriptions

Chiromonkey.com and its Vendors attempt to be as accurate as possible when describing any Services and/or Vendor products. Chiromonkey.com, however, makes no representations or warranties that the Service and/or product descriptions or any other content on this Website is accurate, complete, reliable, current, or error-free.

Vendor Websites

ChiroMonkey’s Vendors advertise products and services on or through the Chiromonkey.com website. Chirmonkey.com may provide links to Vendors' websites. ChiroMonkey and Chiromonkey.com are not responsible for examining or evaluating, and does not warrant the products or services of, any Vendor or the page of their websites. ChiroMonkey does not assume any responsibility or liability for the actions, products, or services of such Vendors or the page of their Websites. You should carefully review all Vendors' privacy statements and other conditions of use on their websites before you license, lease, purchase, or otherwise acquire any product or service.

Compliance with Laws

You may use the Services only for lawful purposes. The Services are subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the Services. This obligation includes your agreement to comply with all applicable laws, including without limitation, insurance industry-specific regulations and rules relating to the export of technical and other data from the United States (and from your country if you are not located in the United States) and your agreement not to export or re-export any such data or any other content or materials in violation of such laws, rules or regulations without first obtaining all necessary licenses, consents and approvals therefore, as well as authorization therefore from ChiroMonkey.

Disclaimer of Warranties and Limitation of Liability

Chiromonkey and the services are provided on an "as is" and "as available" basis. ChiroMonkey and the Services ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Chiromonkey makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, services or products included on or described in this website. You expressly agree that your use of this website is at your sole risk. To the full extent permissible by applicable law, chiromonkey disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Chiromonkey does not warrant that this website, its servers, the services provided or e-mail sent by or from chiromonkey.com are error free or free of viruses or other harmful components. You expressly understand and agree that chiromonkey shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages arising out of or in any way related to these terms of use, the use of this website or the services, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if software advice has been advised of the possibility of such damages). To the extent the foregoing limitation of liability is, in whole or in part, held to be inapplicable or unenforceable for any reason, then the aggregate liability of chiromonkey for any reason and upon any cause of action (including, without limitation, negligence, strict liability and other actions in contract or tort) arising out of or in any way related to the services, this website or these terms of use shall be limited to direct damages actually incurred up to one hundred united states dollars ($100). This limitation of liability applies to all liabilities in the aggregate, including, without limitation, those resulting from your use or your inability to use this website or derive benefit from the services, or any other matter arising from or relating to this website or the services. because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. You agree to indemnify and hold chiromonkey, chiromonkey.com and its affiliates harmless, and, at chiromonkey’s request, to defend chiromonkey and its affiliates from and against any allegation, claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to your use (or inability to use) of this website or any of the services or any other activities of yours through using this website or the services.

Compliance With Laws

Disputes

If a dispute arises out of or relates to the Services or this Agreement or its breach (with the exception of rights to injunctive relief with respect to Intellectual Property Rights and obligations with respect to confidentiality), and the parties have not been successful in resolving the dispute through direct negotiation, then the dispute will be resolved in binding arbitration as follows: (i) the arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules; (ii) any judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction; (iii) the location of the arbitration will be the state of Delaware or such other location as the parties may mutually agree; and (iv) the parties will have the right to take discovery of the other party by any method allowed by the Federal Rules of Civil Procedure. The arbitrator(s) will each be a natural person who has never been employed (either as an employee or as an independent consultant) by either of the parties, or any parent, subsidiary or affiliate thereof, and will be familiar with the software industry. The arbitrator(s) may upon request exclude from use in the arbitration proceeding any evidence not made available to the other party pursuant to a proper discovery request. The arbitrator(s) will issue a reasoned award. The cost of the arbitration will be borne equally by the parties pending the award. Upon the decision of the arbitrator(s), the prevailing party will be entitled to receive from the other party its reasonable attorneys’ fees and costs. The parties, their representatives, other participants, the arbitrator(s) and the administrator(s) of the arbitration will hold in confidence the existence, content and outcome of the arbitration.

Additional Information

The product and service descriptions on the site are included for the sole purpose of providing a general reference tool concerning the nature and type of products and services available from Chirmonkey.com. The descriptions are not intended to be relied upon by customers or by potential customers. For complete descriptions of the terms and conditions of products or services, please contact the Vendor directly.

Use Of This Site By Minors

The Chiromonkey.com website is not intended for use by persons under the age of thirteen. Individuals who are under thirteen are expressly prohibited from posting any personally identifiable information.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

Contact Info

ChiroMonkey LLC
3159 Woods Edge Drive
Garnet Valley, PA 19060

BY USING OR ACCESSING THIS SITE, YOU AGREE TO BE BOUND LEGALLY BY ALL OF THE FOREGOING TERMS AND CONDITIONS.
Updated: October 18, 2013.