This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web sites owned and operated by Protodea LLC, an Illinois Limited Liability Company ("Protodea") including, but not limited to, the Web site located at URL www.costmonkey.com. By visiting, using and/or submitting information to www.costmonkey.com, you agree to be bound by the terms and conditions of this Agreement, including any changes or revisions to this Agreement, which Protodea, in its sole discretion, may make in the future without notice.
Your Compliance with this Agreement
You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with this Agreement, Protodea may monitor your access and use of www.costmonkey.com.
Your Access and Use of www.costmonkey.com
Your right to access and use www.costmonkey.com is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use www.costmonkey.com for lawful purposes and pursuant to the terms and conditions of this Agreement. You are responsible for securing your password.
Your access and use of www.costmonkey.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of www.costmonkey.com or other actions that Protodea, in its sole discretion, may elect to take. Protodea reserves the right to sell or terminate www.costmonkey.com and its contents at any time without notice, relieving Protodea of all responsibilities and liabilities related to www.costmonkey.com.
Any action by you that, in Protodea's sole discretion: (i) violates the terms and conditions of this Agreement; (ii) restricts, inhibits or prevents any access, use or enjoyment of www.costmonkey.com; or (iii) through the use of www.costmonkey.com, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use www.costmonkey.com. You shall not META tag, provide links to, or frame www.costmonkey.com without the prior express written permission of Protodea.
Third Party Links & Commissions
There may be provided on www.costmonkey.com links to other Web sites belonging to Protodea's advertisers, business partners, affiliates and other third parties. Such links do not constitute an endorsement by Protodea of those Web sites, nor the products or services listed on those Web sites. Protodea is not responsible for the activities or policies of those Web sites. Protodea does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party. Protodea is not responsible for and does not guarantee the purchase of a good or service offered on a third party site.
Transmissions, Submissions and Postings to www.costmonkey.com
You shall not transmit, submit or post the following to www.costmonkey.com:
- information that infringes Protodea's or any third party's copyright, patent, trademark, trade secret or other proprietary rights;
- information that violates any law, statute, ordinance or regulation;
- information that is trade-libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to Protodea or third parties or that infringes on Protodea's or any third party's rights of publicity or privacy;
- information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancel bots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- information containing or constituting chain letters, mass mailings, political campaigning, or any form of "spam";
- information that is false, inaccurate or misleading;
- commercial advertisements or solicitations without written permission from Protodea; or
- federally trademarked and/or copyrighted information
Protodea's Intellectual Property Rights
The names "Protodea" and "Protodea.com" and Protodea's graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Protodea or its subsidiaries, in the United States and/or other countries (collectively, the "Proprietary Marks"). You may not use the Proprietary Marks without the prior express written permission of Protodea, which permission may be withheld in Protodea's sole discretion. Protodea makes no proprietary claim to any third-party names, trademarks or service marks appearing on www.costmonkey.com. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from, www.costmonkey.com (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, are copyrighted by, or otherwise licensed to, Protodea or its Content suppliers. Protodea also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the "Collective Work"). All software used on www.costmonkey.com (the "Software") is the property of Protodea or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.
You shall be solely responsible for any damage resulting from your infringement of Protodea's or any third party's intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by Protodea or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Your Use of the Content
Protodea grants you a limited license to access, print, e-mail, download or otherwise make personal use the Content and the Collective Work; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display. You agree not to copy, sell, or rent, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the noncommercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without the express prior written permission of Protodea, which permission may be withheld in Protodea's sole discretion.
You may not use any META tags or any other "hidden text" utilizing Protodea's name or trademarks without the express written permission of Protodea, which permission may be withheld in Protodea's sole discretion.
Access and Interference
You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor www.costmonkey.com or any portion of www.costmonkey.com or for any other purpose, without Protodea's express written permission which may be withheld in Protodea's sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in Protodea's sole discretion an unreasonable or disproportionately large load on Protodea's infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from www.costmonkey.com without the prior written permission of Protodea and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of www.costmonkey.com or any activities conducted on www.costmonkey.com; or (iv) bypass Protodea's robot exclusion headers or other measures Protodea may use to prevent or restrict access to www.costmonkey.com.
When you visit www.costmonkey.com or send e-mail to Protodea, you are communicating with Protodea electronically. You consent to receive communications from Protodea electronically. Although Protodea may choose to communicate with you by regular mail, Protodea may also choose to communicate with you by e-mail or by posting notices on www.costmonkey.com. You agree that all agreements, notices, disclosures and other communications that Protodea provides to you electronically satisfy any legal requirement that such communications be in writing.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use www.costmonkey.com, and all costs and fees associated with Internet access or long-distance charges incurred with regard to your access and use of www.costmonkey.com.
While Protodea uses security and encryption for certain data, under no circumstance is Protodea liable for the loss or hijacking of information. Information submitted on www.costmonkey.com cannot be guaranteed secure or private. Additionally, Protodea is not responsible for the potential loss of any data on its website or in its databases.
Protodea Makes No Representations or Warranties Regarding the Content
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH WWW.COSTMONKEY.COM ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. PROTODEA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF WWW.COSTMONKEY.COM OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH WWW.COSTMONKEY.COM. YOU EXPRESSLY AGREE THAT YOUR USE OF WWW.COSTMONKEY.COM AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH WWW.COSTMONKEY.COM IS AT YOUR SOLE RISK.
PROTODEA DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH WWW.COSTMONKEY.COM, NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH WWW.COSTMONKEY.COM. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH WWW.COSTMONKEY.COM. PROTODEA MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM WWW.COSTMONKEY.COM IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
IN NO WAY SHOULD THE INFORMATION ON WWW.COSTMONKEY.COM BE CONSIDERED FINANCIAL, TAX, OR ANY OTHER FORM OF ADVICE. YOU SHOULD ALWAYS SEEK PROFESSIONAL ADVICE WHEN WARRANTED.
Limitations on Protodea's Liability
PROTODEA SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF WWW.COSTMONKEY.COM; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE WWW.COSTMONKEY.COM FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH WWW.COSTMONKEY.COM, OR OTHERWISE ARISING OUT OF THE USE OF WWW.COSTMONKEY.COM, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PROTODEA AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Your Indemnification of Protodea
You shall defend, indemnify and hold harmless Protodea and its members, officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by Protodea; (iii) your access or use of www.costmonkey.com; (iv) any purchase of a good or service made on a third party site; and/or (v) access or use of www.costmonkey.com under any password that may be issued to you.
Amendments of this Agreement
Protodea reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Your continued access and use of www.costmonkey.com following the posting of any such changes shall automatically be deemed your acceptance of all changes.
You acknowledge that Protodea may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Protodea shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING WWW.COSTMONKEY.COM YOU CONSENT TO THESE RESTRICTIONS.
If Protodea chooses not to enforce any right or provision of this agreement, this shall not constitute a waiver of such right or provision.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. This Agreement shall be governed by the laws of the State of Illinois.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Protodea from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.