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ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Data Monkey WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.
The Services are intended to provide a secure way to store and process electronic files, information and/or other content by creating a workflow (“Workflow”) through which these items are converted from one file format to another (i.e. from an Excel file to a CSV). Data that is uploaded and processed, in addition to any relevant system logs and analytics, may be downloaded from the Data Monkey website. Workflows may be executed on the Data Monkey website or, if you are granted an appropriate license, directly on your servers.
Eligibility. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers get parental consent before they knowingly collect personally identifiable information online from children under the age of thirteen (13). Data Monkey does not knowingly collect or solicit information from children under the age of thirteen (13). You represent and warrant that you are at least eighteen (18) years of age. If you are under eighteen (18), you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person and/or entity and change its eligibility criteria at any time. If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information, so please contact us at firstname.lastname@example.org if you think a child has provided us personal information.
Use of Services and Availability. Use of the Services is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate, or objectionable. Data Monkey retains the right, in our sole and absolute discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason without liability. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Services and/or access to your User Account (defined below) due to circumstances both within our control (e.g., routine maintenance) and outside of Data Monkey’s control, for which Data Monkey will bear no responsibility. The Services may be modified, updated, suspended and/or discontinued at any time without notice and/or liability.
Communications from Data Monkey. By using the Services, you agree to receive certain communications in connection with the Services. When you access and/or use the Services, you are communicating with us electronically, and you consent to receive communications from us electronically including but not limited to notices related to the Services provided to you via email. You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting us. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.
Payment Account. You authorize Data Monkey to keep your information on file through our payment facilitator and to charge your account for outstanding charges. To the extent Data Monkey has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. If you do not cancel your account, we may automatically renew your Service(s) and charge you for any renewal term. If your information on file with us is closed or the account is changed, or if, for any reason, a charge is rejected by your card and/or bank issuer, you must update your information or supply a new account number, as appropriate, in your User Account and/or with Stripe. If you are unable to update your User Account with appropriate information, then Data Monkey may suspend and/or terminate your User Account, and/or any Services provided, without liability and may seek all available remedies at law and in equity.
Refunds. All fees are nonrefundable unless otherwise agreed to by Data Monkey in its sole and absolute discretion. For any questions regarding payments and/or our refund policy, please contact us at email@example.com.
Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to services, contact information, address, and events. We reserve the right to: (i) correct any errors, inaccuracies, and/or omissions; and/or (ii) make changes to content, descriptions, Services and/or other information without obligation to issue any notice of such changes, except as prohibited by law. We also reserve the right to revise, suspend and/or terminate an event, content and/or promotion at any time without notice and without liability.
Reservation of Rights. The materials, headers, videos, illustrations, photographs, graphics and/or any other content on the Services, as well as the organization and layout of the Services, are copyrighted and are protected by United States and international copyright laws and treaty provisions. Subject to the limited rights expressly granted hereunder, Data Monkey and/or its third-party providers reserve all right, title and interest in and to the Services and content, including all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
Although Data Monkey is secure and controls have been implemented to prevent unauthorized access, whether a specific User Account is compliant with the Health Insurance Portability and Accountability Act (HIPAA) or the Health Information Technology for Economic and Clinical Health Act (HITECH) depends on its users, authorization and related agreements. Therefore, any protected health information or personally identifiable information is uploaded at your own risk or discretion.
Feedback. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancement requests, corrections, ratings and reviews, recommendations, feature requests and/or other feedback provided by you or others relating to the Services (“Feedback”), then you will own this material; however, you grant to Data Monkey a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback and material. Data Monkey has no obligation to review any Feedback and may use and/or redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
Gathering email addresses from Data Monkey through harvesting or automated means is prohibited. Posting and/or transmitting unauthorized and/or unsolicited advertising, promotional materials, and/or any other forms of solicitation to other users is prohibited. We also prohibit crawling, scraping, caching, and/or otherwise accessing any content on the Services via automated means (except as may be the result of standard search engine protocols and/or technologies used with Data Monkey’s express written consent).
No Unlawful Use. As a condition of your use of the Services, you warrant to Data Monkey that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, and/or impair the Services and/or interfere with any other party's use and/or enjoyment of the Services. You may not obtain and/or attempt to obtain any materials and/or information through any means not intentionally made available and/or provided for through the Services.
Your Responsibilities. Data Monkey grants you the rights set forth herein, subject to the following conditions:
Data Monkey shall not be subject to any obligations of confidentiality regarding any information or materials provided by you unless required by law. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Services without the prior written consent of Data Monkey is strictly prohibited.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “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.”
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL DATA MONKEY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, ATTORNEY’S FEES, THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF DATA MONKEY HAS BEEN ADVISED OF THE POSSIBIITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY DATA MONKEY, ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, DATA MONKEY’s LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN THE EVENT YOU ARE DISSATISFIED WITH THE SERVICES, RELATED SERVICES OR ANY OTHER GRIEVANCE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE RIGHT TO DISCONTINUE ACCESS TO, AND/OR USE OF THE SERVICES. DATA MONKEY’S MAXIMUM AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS, TO YOU IN ANY CIRCUMSTANCE ARISING OUT OF AND/OR RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF THE (I) FEES PAID BY YOU IN A THREE (3) MONTH PERIOD PRECEDING THE CLAIM OR (II) ONE HUNDRED DOLLARS (US$100.00).
The Services may be made available and/or accessed in connection with third party services and content that Data Monkey does not control. Data Monkey may post advertisements of third parties through the Services, including without limitation promotions of advertisers, location based-ads, and/or sponsors showing their goods and services. Your correspondence, participation in, and/or any other dealings with third parties found through the Services are solely between you and such third party. Data Monkey does not endorse such third-party services and content and in no event shall Data Monkey be liable for any products and/or services of such third-party providers. You agree that Data Monkey shall not be responsible for any loss and/or damage of any sort incurred as a result of any such dealings and/or as the result of the presence of such third parties through the Services. Moreover, Data Monkey shall not be responsible and/or liable for the accuracy, quality, suitability, currency and/or content of the statements and/or conduct of any third party on the Services. You are solely responsible for the costs, expenses and infrastructure required to support your use of the Services. You acknowledge and agree that Data Monkey utilizes third party providers to provide the Services, and any terms and conditions related to such third party providers products and/or services shall govern the use of such third party providers’ products and/or services. You acknowledge and agree that Data Monkey is not liable for the performance of any third party providers’ products and/or services.
Data Monkey respects the intellectual property rights of others and expects you to do the same. We reserve the right to: (a) terminate your User Account or any other user who infringes third-party copyrights, (b) block access to and/or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you and/or other third parties, and/or (c) remove and discontinue service to repeat offenders. We will respond to clear notices of copyright infringement when you provide the following:
Contact information for Data Monkey’s DMCA Agent for notice of claims of copyright infringement is: Data Monkey, LLC. Attn: Copyright Agent, PO Box 40080, Portland, OR 97240-5000, United States.
The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by fax or ordinary mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Services linked to and/or from the Services. All other inquiries directed to the Copyright Agent will not be responded to.
Exceptions to Agreement to Arbitrate. Notwithstanding anything herein to the contrary, either you and/or Data Monkey may assert claims, if it qualifies, in small claims court in Denver, Colorado, and Data Monkey may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Services, and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the information dispute-resolution process described herein.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and Data Monkey agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Denver, Colorado. Both you and Data Monkey consent to the foregoing venue and jurisdiction.