Terms
of Use
MonsterSurveys.com
- Terms of Use
Important.
These conditions of use govern your use of this site, which is provided
by MonsterSurveys.com. By accessing this site, you are indicating
your acknowledgement and acceptance of these conditions of use.
These conditions of use are subject to change at any time by our
discretion. Your use of this site after such changes are implemented
constitutes your acknowledgement and acceptance of the changes.
Please refer to these terms of use regularly.
This
Web site (the "Site") is offered by MonsterSurveys.com,
to User/Member. Use of this Site in any manner and to any extent
constitutes User/Member agreement to abide by the following terms
and conditions (the "Terms"). MonsterSurveys.com may modify
the Terms at any time/or reason and you will be notified of such
changes if you are a member and if the changes effect your membership.
Your use of the Site constitutes your acceptance of such changes
and agreements contained herein. MonsterSurveys.com reserves the right
to deny access to this Site to anyone at any time.
Use
of Site. You may view and download the materials at this Site only
for your personal use. You must retain all copyright, trademark,
and other proprietary notices contained in the original materials
on any copy of the materials. You may not modify the materials at
this Site in any way. You may not copy, reproduce, publish, publicly
display, transfer, sell or offer for sale, distribute, enter in
a database, or create derivative works from the materials or use
them in any way for any public or commercial purpose. You may not
copy this material, by any means (including electronic copies),
for distribution to others unless you have purchased the appropriate
number of copies. Any party receiving a copy of the material is
bound by these use restrictions and may not copy or further distribute
the material. Any use of these materials on any other Web site or
networked computer environment (including any personal network or
email distribution) for any use is prohibited. Any unauthorized
use of copyrighted materials may violate copyright, trademark, and
other laws. You may not use materials from the Site in a manner
that violates the Copyright Act (17 U.S.C.A. 21) and/or the fair
use exception of that Act. You may not transfer, sell, assign, or
otherwise transfer your rights or obligations under this Agreement.
By using this Site, you promise MonsterSurveys.com that you will not
use this Site for any unlawful or prohibited purposes.
Use
at Your Own Risk. This Site contains information, advice, opinions,
links to third-party Web sites, and material from third-party information
and content providers. Neither MonsterSurveys.com nor these third-party
providers represent or endorse the accuracy, completeness, or reliability
of any advice, opinion, statement, or other information presented
on this Site by MonsterSurveys.com, third-party providers, third-party
Web sites, or by any other person or entity to you. Neither MonsterSurveys.com
nor its third-party information or content providers, nor any of
their respective affiliates, agents, or employees, shall be liable
to any User or anyone else for any inaccuracy, error, omission,
interruption, timeliness, completeness, usefulness, validity, deletion,
defect, failure of performance, computer virus, communication line
failure, or alteration of or use of any content or link herein,
regardless of cause, or for any damages resulting there from. You
rely upon and use this Site, including links, opinion, advice, statements,
or any other information presented here, at your own risk and your
sole remedy, if dissatisfied, is to discontinue use of this Site.
Right
to Make Changes. MonsterSurveys.com (and in certain instances, its
third-party providers) has the exclusive right to change, discontinue,
or supplement any aspect of MonsterSurveys.com service and information
at any time without notice to User. For example, MonsterSurveys.com
may change the offering, the format, the content, the hours of availability,
the pricing, the equipment needed for access, and the usage rights
without notice. MonsterSurveys.com may choose to notify you of some
changes by means including, but not limited to, posting on the Web
site, notification by email, or other means. Your use after such
notice shall be conclusively deemed to be acceptance of those changes.
You agree to review the Terms and conditions of this Agreement periodically
to be aware of changes. You also agree that changes to your email
address or failure to provide a current email address may result
in your inability to receive such notice, and so you waive your
right to be notified should MonsterSurveys.com not be provided your
current email address.
Members
acknowledge that you have read the terms and conditions of use and
that you accept the terms thereof. If you do not agree to these
terms and conditions of use, you may not access or otherwise use
this Web Site.
We
may monitor your use of this Web Site, and may freely use and disclose
any information and materials received from you or collected through
your use of the Web Site for any lawful reason or purpose, in accordance
with the guidelines set forth in its Privacy Policy.
We
reserve the right, at its sole discretion, to change, modify, add
or remove any portion of this Agreement, in whole or in part, at
any time. Website at any time, including the availability of any
Web Site feature, database, or Content. The following policy governs
the use of the Web Site by you. You represent, warrant and covenant
that: (a) you shall not upload, post or transmit to or distribute
or otherwise publish through the Web Site any materials which (i)
restrict or inhibit any other user from using and enjoying the Web
Site, (ii) are unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, offensive, pornographic, profane, sexually explicit
or indecent, (iii) constitute or encourage conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate
the law, (iv) violate, plagiarize or infringe the rights of third
parties including, without limitation, copyright, trademark, patent,
rights of privacy or publicity or any other proprietary right, (v)
contain a virus or other harmful component, (vi) contain any information,
software or other material of a commercial nature, (vii) contain
advertising of any kind, or (viii) constitute or contain false or
misleading indications of origin or statements of facts; and (b)
that you are at least eighteen (18) years old.
You
hereby agree to indemnify, defend and hold , and all its officers,
directors, owners, agents, employees, information providers, affiliates,
licensors and licensees (collectively, the "Indemnified Parties")
harmless from and against any and all liability and costs incurred
by the indemnified Parties in connection with any claim arising
out of any breach by you of the Agreement or the foregoing representations,
warranties and covenants, including, without limitation, attorneys
fees and costs. You shall cooperate as fully as reasonably required
in the defense of any claim. We reserve the right, at its own expense,
to assume the exclusive defense and some are offered as, control
of any matter otherwise subject to indemnification by you and you
shall not in any event settle any matter without the written consent.
The
Web Site contains links and pointers to the other related World
Wide Web Internet sites, resources, and sponsors of the Web Site.
Links to and from the Web Site to other third party sites, maintained
by third parties, do not constitute an endorsement by or any of
its subsidiaries, and some are offer available for members. or affiliates
of any third party resources, or their contents.
We
do not represent or endorse the accuracy or reliability of any advice,
opinion, statement, or other information displayed or distributed
through the Web Site. You acknowledge that any reliance upon any
such opinion, advice, statement, memorandum, or information shall
be at your sole risk. We reserve the right, in its sole discretion,
to correct any errors or omissions in any portion of the MonsterSurveys.com
Web Site.
Your
Liability. You shall indemnify and hold harmless MonsterSurveys.com
and all those related to its immediate operations ,including affiliates,
from and against any and all losses, expenses, damages, and costs,
including reasonable attorneys' fees which result from your misuse
of this Site in any fashion, any violation of these Terms, or the
failure to fulfill your obligations here. MonsterSurveys.com may take
over the exclusive defense of any claim for which we are entitled
to indemnification under this Paragraph. In such event, you will
cooperate fully with us. MonsterSurveys.com may also terminate this
Agreement and your future use of this Site, with or without notice.
In the event of termination, the restrictions imposed upon you with
respect to material downloaded from the Site, the disclaimers, and
limitations of liabilities set forth in this agreement survive.
You must return or destroy any previously accessed or archived material
within 24 hours of termination.
Disclaimer
and Liability Limitation. ALL MATERIALS AND SERVICES IN THIS SITE
AND THIRD-PARTY SITES ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. MonsterSurveys.com AND ITS CONTENT PROVIDERS, TO THE
FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTS OF TITLE, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE. MonsterSurveys.com DOES NOT
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN
BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. USER ASSUMES THE ENTIRE COST OF ANY
NECESSARY MAINTENANCE, REPAIR, OR CORRECTION. ADDITIONALLY, NO AFFIRMATIVE
REPRESENTATIONS ARE MADE REGARDING THE SUITABILITY OF THE INFORMATION
OR THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE
CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS TO THIRD-PARTY
WEB SITES, OR OTHER ITEMS CONTAINED WITHIN THIS SITE OR THE RESULTS
OBTAINED FROM ACCESSING AND USING THIS SITE AND ITS OFFERINGS. IN
NO EVENT WILL MonsterSurveys.com, ITS SUPPLIERS, OR OTHER THIRD PARTIES
MENTIONED OR FEATURED ON THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF USE, INABILITY TO USE, OR THE RESULTS OF
USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS
OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR OTHER LEGAL THEORY, AND WHETHER
OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ONLY REMEDY
IS TO DISCONTINUE YOUR USE OF THE SITE. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OF LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LAW MAY NOT APPLY TO YOU. YOU EXPRESSLY ACKNOWLEDGE
THAT THIS PARAGRAPH SHALL ALSO APPLY TO THIRD-PARTY CONTENT.
U.S.
Government Restricted Rights. Government users will receive no greater
than Restricted Rights as defined in FAR 52.227-14, FAR 52.227-19(c)
(Jun 1987), or DFAR 252.227-7013(c)(1)(ii)(Oct 1988), DFAR 252.221-7015(c)
(May 1991), DFAR 252.227-7014, or DFAR 252.227-7018 as applicable
in any Software at this Site. Government users will secure no greater
than limited rights as defined in FAR 52.227-14, DFAR 252.227-7015,
DFAR 252.227-7018, or DFAR 252.227-7013 as applicable in any technical
data in this Site.
Applicable Laws. MonsterSurveys.com and its content providers make
no representation to you that materials at this Site are appropriate
or available for use outside the United States, and access to them
from territories where their contents are illegal is prohibited.
You may not purchase, use, export, or re-export the materials at
this Site or any copy or adaptation in violation of any applicable
laws or regulations, including without limitation U.S. export laws
and regulations. If you choose to access this Site from outside
the United States, you do so on your own initiative and are responsible
for compliance with applicable local laws. These Terms will be governed
and construed in accordance with the laws without giving effect
to any principles of conflicts of laws. Any action to enforce this
Agreement shall be brought in the federal or state courts. Inclusion
of all Terms. All other notices, policies, disclaimers, and other
terms contained in this Site are incorporated here by reference.
In the event of a conflict between such other terms and these Terms,
these Terms shall control Severability. If any provision is deemed
to be unlawful or unenforceable, that shall not affect the validity
and enforceability of the remaining provisions.
All Rights Reserved. Any rights not expressly granted herein are
reserved.
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