User Terms of Use

This website and directory are provided by [The Monkey Mashup, LLC (“The Monkey Mashup”)] subject to the following terms of use: 

Information in this directory may not be duplicated, republished, resold, or used except as expressly permitted (contacting Listing Owners). This directory cannot be used to collect contact information, compile mailing lists, contact individuals for surveys or other research, or reproduce or otherwise redistribute the content published herein. The Monkey Mashup shall have the right to block access to this directory for any prohibited or suspicious use. If you wish to list your services on The Monkey Mashup, see our Listing Owner information. Additional information can be found in The Monkey Mashup’s Privacy Policy, Code of Conduct, Data Use Policy and website Terms of Use.

Directory information is managed by the participating Listing Owner. The Monkey Mashup cannot guarantee the accuracy of the information and assumes no responsibility for errors or omissions. The Monkey Mashup does not validate or endorse the skills, experience, and services that may be described in the Listing Owner Listings.

 

The Monkey Mashup Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE ACCESSING OUR WEBSITE

 

For Listing Owner Terms, please click here

 

The following terms and conditions (the “Terms of Use” or the “Agreement”) constitute an agreement between you and The Monkey Mashup (“The Monkey Mashup,” “we,” or “us”), the operator of themonkeymashup.com (the “Site”) and related websites, applications, services and mobile access, and all associated services (collectively, the “Services”) provided by The Monkey Mashup and on/in which these Terms of Use are posted or referenced. The Services include, without limitation, a directory website to connect parents to wellness, self-improvement and other types of content, including but not limited to: family support professionals, events, self-help articles, job opportunities, vacation packages, educational courses, self-improvement products, and other content provided by us, Listing Owners and/or other third parties. These Terms of Use govern your use of the Services, whether or not you have created an Account with The Monkey Mashup. By accessing and/or using our Services, You agree to all the terms and conditions of this Agreement and all associated policies which are incorporated into these Terms of Use by reference. If You do not agree, then You may not use the Services and You should not proceed to the Site. As used in these Terms of Use, “You” means any visitor, user, or other person who accesses our Services, whether or not such person signed up for a The Monkey Mashup Account. If You create a The Monkey Mashup Account or use the Services on behalf of an individual or entity other than yourself, You represent that You are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” in these Terms of Use, except for in this sentence, refer to that individual or entity). 

Subject to these Terms of Use, The Monkey Mashup grants You a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to use the Services. Portions of the Services can be viewed without a Monkey Mashup Account. To benefit from all of the Services we offer, you must create an account (a “Monkey Mashup Account”) and provide certain basic information about yourself. If you do provide us with any information, you authorize The Monkey Mashup to use and disclose it as described in our Data Use Policy and Privacy Policy.

1. ABOUT THE SERVICES

The Monkey Mashup is a directory website to connect people to health, wellness, improvement, and other types of services. We provide You with options for choosing a therapist, counselor, doctor or healthcare specialist, professional, provider, coach, consultant, organization, or agents or affiliates thereof (collectively, “Listing Owner”). Resources provided by us and other third parties include “Content” which means content, text, data, graphics, images, photographs, video, audio, information, suggestions, events, articles, scheduling availability, guidance, and other materials provided, made available or otherwise found through the Services, including, without limitation, Content provided in direct response to Your questions or postings. The Monkey Mashup may from time-to-time monitor, review and, in its sole discretion, modify or delete any postings and/or Content uploaded on this Site; however, The Monkey Mashup is not obligated to do so.  The Monkey Mashup does not monitor or regularly review Content on the Site.

 

2. LISTING OWNER RELATIONSHIPS AND LISTING OWNER LISTINGS

In connection with using the Services to find Listing Owners, You understand that:

YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN LISTING OWNER, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE LISTING OWNER IS SUITABLE FOR YOUR NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE. We do not provide any medical, diagnostic, treatment or clinical service or engage in any conduct that requires a professional license. We do not control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of services delivered by Listing Owners, nor do we require Listing Owners to accept or work any jobs or deliver any services at all.

No Guarantees or Endorsements. The information provided on our Site is provided exclusively by participating Listing Owners. We make no guarantees, warranties or representations regarding the skills or undertakings of such Listing Owner or the quality of the job that he or she may perform for You if You elect to retain their services. The Monkey Mashup does not endorse or recommend the services of any particular Listing Owner.  We do not independently verify their representations or credentials about their services, nor validate any reviews. It is entirely up to you to evaluate the Listing Owner and the Listing Owner’s qualifications, and to enter into a direct contract or otherwise reach agreement with a Listing Owner. We do not guarantee or warrant any Listing Owner’s performance on the job or the outcome or quality of the services performed. The Listing Owners are not employees or agents of The Monkey Mashup, nor is The Monkey Mashup an agent of the Listing Owners. While The Monkey Mashup does list Listing Owners, it is not a referral service and does not refer, recommend or endorse any particular Listing Owner, test, procedure, opinion, or other information that may appear through the Services. If You rely on any Content, You do so solely at Your own risk. We encourage You to independently confirm any Content relevant to You with other sources, including the specific Listing Owners directly, medical associations relevant to the applicable specialty, Your state medical boards, and the appropriate licensing or certification authorities to verify listed credentials and education.

Upon entering Your information and the request for which You would like a Listing Owner, we do not guarantee that You will be able to find a Listing Owner that can provide services for Your needs or that there are Listing Owner in Your area that are either capable or willing to complete Your service needs. You can view a directory of Listing Owners who provide offerings in the specific categories that You select. These listings may include ratings and reviews of those Listing Owners when available. Please be aware that Monkey Mashup does not guarantee that the Listing Owner will be on time for, or show up for, any booked appointments, as the Listing Owners are not the employees, contractors or agents of The Monkey Mashup. The Monkey Mashup is solely providing the platform to facilitate information between You and the Listing Owners. Please note that there may be other Listing Owners in Your area who are not available through The Monkey Mashup. While all qualified providers are eligible to use our Services, The Monkey Mashup’s lists of Listing Owners are not exhaustive. The Monkey Mashup may also exclude Listing Owners from our Services who, in The Monkey Mashup’s sole and exclusive discretion, have engaged in inappropriate or unprofessional conduct (including, but not limited to, conduct in violation of our Code of Conduct.)

No Contracting via the Site. Any quotes provided by Listing Owners via the Site are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via the Site. No contractual arrangement is created based upon the quotes provided to You from Listing Owners (or Your scheduling of an appointment with a Listing Owner) via The Monkey Mashup. To contract with a Listing Owner, You must work directly with the Listing Owner. The Monkey Mashup does not perform, and is not responsible for, any of the Services requested by You in Your service request. Your rights under contracts You enter into with Listing Owners are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. The Monkey Mashup is not a party to such agreements. All payments and applicable taxes must be made to the Listing Owner in accordance with those agreements. Any offers or discounts provided on a Listing Owner’s Profile are made solely by the Listing Owner, and The Monkey Mashup does not guarantee or warrant the pricing or discounts that a Listing Owner may offer You. 

The Monkey Mashup encourages Listing Owners to use the Services responsibly, but we have no control over, and cannot guarantee the availability of, any Listing Owner at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Services whatsoever.

3. THE MONKEY MASHUP DOES NOT PROVIDE MEDICAL ADVICE

The Monkey Mashup is not a healthcare provider, and the Site is not intended to be a substitute for professional advice.  The Content that You obtain or receive from the Site, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, scheduling and payment purposes only. All medically related information, including, without limitation, information shared via the Site, The Monkey Mashup’s social channels, Monkey Mashup emails and text messages, and advertising is for informational and communicative purposes only. 

WHILE WE HOPE THE CONTENT IS USEFUL IN YOUR HEALTH AND WELLNESS JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE OR TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND/OR 911. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, PHARMACY, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.

4. THE MONKEY MASHUP CREATES NO DOCTOR PATIENT RELATIONSHIP

LISTING OWNERS USE THE SERVICES TO SHARE CONTENT WITH YOU, BUT YOUR USE OF THIS CONTENT IS NOT A SUBSTITUTE FOR HEALTHCARE. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WITH THE MONKEY MASHUP OR LISTING OWNER WHEN YOU USE THE SERVICES OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM THE MONKEY MASHUP OR A LISTING OWNER LISTED ON THE SITE, INCLUDING, WITHOUT LIMITATION, THE “FIND A LISTING OWNER” FEATURE, THE MONKEY MASHUP CONTENT, SOCIAL CHANNELS, EMAILS OR TEXT MESSAGE LINKS TO OTHER SITES, OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE LISTING OWNER IN ANY FIELD.

You acknowledge that although some Content on the Site may be provided by healthcare professionals, including the Listing Owners, the provision of such Content does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist You in choosing a Listing Owners or otherwise be generally informative. 

WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY CONTENT (INCLUDING BUT NOT LIMITED TO DESCRIPTIONS OF PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION). IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT OR LISTING. 

5. THE SERVICES AND CONTENT ARE INFORMATIONAL AND EDUCATIONAL RESOURCES

The Services and Content on the Site are an informational and educational resource for You and Listing Owners. No party (including The Monkey Mashup) involved in the preparation or publication of such works guarantees that the Content is timely, accurate or complete, and they will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such Content. Content and/or Listing Owner Listings are primarily user generated. We do not control or vet user-generated content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any information provided by Listing Owners or users on or off the Site. 

Listing Owner Content: Content related to Listing Owners and their practices (“Listing Owner Content”) is intended for general reference purposes only. Listing Owner Content is provided by the Listing Owner and/or office staff. The Monkey Mashup does not provide any advice or certification regarding the qualifications of any particular Listing Owner or the Content they are providing. We do not make any representations about the suitability, reliability, timeliness, or accuracy of the Listing Owner Content. Any Listing Owner Content or listing is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as a Listing Owner. We do not regularly control, monitor, supervise, or oversee the quality, timing, legality, or any other aspect of Listing Owner Content. 

Products/Services: Products, services and other materials discussed and/or marketed through the Site are not appropriate for all individuals of the Site. Any procedures, products, treatments, or services presented through the Services by Listing Owners, advertisers, sponsors, or other participants of the Site, either paid or unpaid, are informational only and presented for Your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success. 

You agree that all of the Content and information posted on the Site, including but not limited to Photographs or Images, Comments, Questions and/or Answers, and any other Content is the sole and exclusive property of The Monkey Mashup, and that You have no right to reproduce, post, publish, or otherwise use such information other than for Your personal use relating to Your service request on the Site.

Our Right to Use Your Content. You, including Listing Owners, acknowledge and agree that all Content and information posted or provided by You may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to You or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, You waive and release and covenant not to assert any moral rights that You may have in any Content posted or provided by You.

Grant of License. You hereby grant The Monkey Mashup and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to Your Content in any format or media (whether now know or hereafter created) on the Site in any manner that we deem appropriate or necessary, including, if submitted, Your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.

Representation of Ownership and Right to Use Content. By posting or providing any Content to The Monkey Mashup, You represent and warrant to Monkey Mashup that You own or have all necessary rights to use the Content, and grant to The Monkey Mashup the rights granted. The forgoing representation includes but is not limited to a representation and warranty that You own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that You provide. In addition, if You post or otherwise provide any Content that is protected by copyright, You represent that You have obtained any necessary permissions or releases from the applicable copyright owner.

6. COPYRIGHT AND TRADEMARK

THE MONKEY MASHUP, The Monkey Mashup Logo and other Monkey Mashup and Site content, graphics, logos, page headers, images, button icons, audio and video clips, scripts, digital downloads and service names included in or made available through the Site are trademarks, trade dress, copyright, and intellectual property of The Monkey Mashup and are protected by United States and international intellectual property laws. The copying or misuse of any of the foregoing or other content is strictly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright or trademark of The Monkey Mashup or any third party that appear on the Site. 

 

7. USER RESPONSIBILITIES

When You create a Monkey Mashup Account, You will provide an email address, username and create a password (collectively, “User Credentials”). You should keep Your User Credentials private and not share Your User Credentials with anyone else. You promise to provide us with accurate, complete, and updated registration information about yourself and to adhere to and comply with these Terms of Use and the Sites Code of Conduct. You may also be able to connect to the Services maintained by a third-party company, such as Facebook, Inc., Google LLC (“Google”) or Apple Inc. (“Apple”). If You connect to the Services through a third-party service, You give us permission to access and use Your information from such third-party service as permitted by such third-party service, and to store Your log-in information for such third-party service. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting Your privacy settings on such third-party service. The Monkey Mashup has no control over, and assumes no responsibility for, the services, content, accuracy, privacy policies, or practices of or opinions expressed by any such third party.

You are responsible for all use of the Services and for all use of Your User Credentials, including use by others to whom You have given Your User Credentials. You may only use the Services for lawful, non-commercial purposes. If Your use of the Services is prohibited by applicable laws, then You are prohibited and not authorized to use the Services. You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Services for any purpose whatsoever.

You shall not, and shall take no action to allow, the Site or Services to be infected or introduced with viruses and/or other code that may have contaminating or destructive elements; or allow threats such as time or logic bombs, trojan horses, worms, ransomware, timers or clocks, trap doors or other malicious computer instructions, devices or techniques that can or were designed to allow for: (i) unauthorized, surreptitious access to data, network or operating system services and/or functionality; (ii) erase data or programming; (iii) infect; (iv) disrupt; (v) damage; (vi) disable; (vii) shut down a computer system or any component of such computer system, including, but not limited to, its security or user data; or (viii) otherwise cause any computers on which such Services are installed and/or executed to become inoperable or incapable of being used (“Malicious Code”).

We are the sole interpreter of the Site’s Code of Conduct described in these Terms of Use. Users who violate these rules may have their access and use of the Site and Services suspended or terminated at our sole and exclusive discretion. We may at any time take any action with regard to user materials that we deem in our sole and exclusive discretion to be necessary or appropriate. You are responsible for reviewing and complying with the terms set forth in our Code of Conduct.

In addition to our rights in these Terms of Use, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce these Terms of Use and our Code of Conduct.

 

8. RESPONSIBILITIES OF LISTING OWNERS AND OTHERS IN THE HEALTHCARE INDUSTRIES

If You are a Listing Owner (review these Listing Owner Terms of Use) or other person or entity in the health or medical field, regardless of whether You maintain a The Monkey Mashup Account or whether You add Content or intend to use the Site or Services, You acknowledge and agree that:

  1. You will not use the Services to view, access or otherwise use, directly or indirectly, information, price, availability, or other Content for any purpose other than Your own personal use; and
  2.  You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices (including but not limited to scheduling fraudulent appointments), or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.

9. PRIVACY POLICY AND OTHER STATED POLICIES

For information about The Monkey Mashup’s data protection and protection of Your privacy, please read the Privacy Policy and Data Use Policy, which is incorporated herein by reference and made a part of these Terms of Use. All other stated rules, including the Disclaimer and Code of Conduct, are incorporated herein by reference and made a part of these Terms of Use. All capitalized terms have the meaning set forth in the Terms of Use, or as otherwise defined in The Monkey Mashup’s other agreements, including but not limited to: Code of Conduct, Listing Owner Terms of Use, Privacy Policy, and Data Use Policy. In the event of a conflict, the Terms of Use shall control.

10. LINKS TO THIRD PARTY SITES

Some links in the Site may let You leave The Monkey Mashup’s Site. The linked sites are not under the control of The Monkey Mashup and The Monkey Mashup is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. The Monkey Mashup is not responsible for webcasting or any other form of transmission received from any linked site. The Monkey Mashup is providing these links to You only as a convenience, and the inclusion of any link does not imply sponsorship, endorsement or affiliation by or with The Monkey Mashup of the site.

11. AMENDMENTS

We may change these Terms of Use, including the Privacy Policy, Data Use Policy, Code of Conduct, and Listing Owner Terms of Use, at any time without prior notice. If we make a change to these Terms of Use, it will be effective as soon as we post it, and the most current version of these Terms of Use will always be posted under the “Terms of Use” link available on our Site (“Updated Terms”). If we make a material change to these Terms of Use, we will make reasonable efforts to notify You. You agree that You will review these Terms of Use periodically. By continuing to access and/or use the Services after we post Updated Terms, You agree to be bound by the Updated Terms, and if You do not agree to the Updated Terms, You must stop using and/or accessing the Site and the Services. Any disputes under these Terms of Use will be governed by the version of Agreement in effect at the time of the first event which gave rise to the dispute. Except for changes by us as described here, no other amendment or modification of these Terms of Use will be effective unless in writing and signed by both You and us.

We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one or any part of the existing Services. Under no circumstances will The Monkey Mashup be liable for any suspension or discontinuation of any of the Services or portion thereof, and any use of new services will be governed by these Terms of Use.

12. DISCLAIMER

We created The Monkey Mashup to improve Your health and wellness journey, and we want Your experience with The Monkey Mashup to be great. While we work hard to make that happen, You acknowledge that we have no control over, and no duty to take any action regarding: (a) which users gain access to the Services, (b) what Content You access, (c) what effect the Content may have on You, (d) how You may interpret or use the Content, (e) what actions You may take as a result of having been exposed to the Content, (f) which Listing Owner You choose, (g) what effect the Listing Owner may have on You, (h) how You may interpret or use the Listing Owner, and (i) what actions You or the Listing Owner may take. You release us from all liability for Your use or inability to use any Content or Listing Owner. We and our licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns (“The Monkey Mashup Parties”) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site, and The Monkey Mashup Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We have no special relationship with or fiduciary duty to You. We provide the services “as is” and “as available.” We do not guarantee that You will be able to use the Services (either directly or through third-party networks) at times or locations of your choosing. The Monkey Mashup makes no warranties about the information systems, software and functions made accessible through the site or any other security associated with the transmission of sensitive information. The Monkey Mashup does not warrant that the services will operate uninterrupted, error-free, bug-free or free from defects, that loss of data will not occur, or that the services or software are free of computer viruses, contaminants or other harmful items.

13. DISPUTES/DISCLAIMER

If there is a dispute between participants on this Site or Services, or between You and any third party (including but not limited to Listing Owners), You agree that The Monkey Mashup is under no obligation to become involved. Should You have a dispute with respect to any services provided by a Listing Owner or the fees charged by any Listing Owner, You must address such dispute with the Listing Owner directly (although You may copy The Monkey Mashup on the disputes). YOU HEREBY AGREE TO RELEASE THE MONKEY MASHUP (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH LISTING OWNERS.  EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE MONKEY MASHUP EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT THE MONKEY MASHUP SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF THE MONKEY MASHUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

14. INDEMNIFICATION

YOU AGREE TO INDEMNIFY THE MONKEY MASHUP, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE SITE AND SERVICES IN CONNECTION WITH THE MONKEY MASHUP, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A LISTING OWNER OR OTHER SITE USER, OR YOUR VIOLATION OF THESE TERMS OF USE, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY. This includes claims that arise from or are related to (a) Your use of the Site or Services; or (b) the violation of this Agreement (including without limitation these Terms of Use, Privacy Policy, Data Use Policy, Code of Conduct); or (c) the violation of any intellectual property or other rights of any person or entity; or (d) by any person using Your User Credentials without authorization. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

 

15. TERMINATION

If You or someone using Your Credentials, with or without authorization, violates these Terms of Use, the Code of Conduct, or other policies and terms posted through the Site and Services, we reserve the right, in our sole and exclusive discretion, to terminate, suspend and/or deactivate Your Monkey Mashup Account immediately and without notice. We may also terminate, suspend or deactivate Your Monkey Mashup Account for any other reason, including inactivity. The Monkey Mashup shall not be liable to You or any third party for any termination, suspension or deactivation of Your access to the Services. Further, You agree not to attempt to use the Services after any such termination, suspension or deactivation (except where deactivation is due solely to inactivity, and You are permitted to create another Monkey Mashup Account). Account termination may result in destruction of any content associated with Your Monkey Mashup Account. The Monkey Mashup reserves the right to investigate and, at our sole and exclusive discretion, take appropriate legal action against anyone who violates these Terms of Use, the Code of Conduct, or other policies and terms posted through the Site and Services.

If Your use of the Services is terminated for any reason, then: (a) these Terms of Use will continue to apply and be binding upon You with regard to Your prior use of the Services (as well as any subsequent and unauthorized use of the Services), including Your indemnification obligations as described herein; and (b) any rights or licenses granted to us under these Terms of Use will survive such termination.

16. THIRD PARTY COPYRIGHTS AND OTHER RIGHTS AND LIMITATIONS

The Monkey Mashup respects the intellectual property rights of others. If You believe that Your copyright has been infringed, please send us a notice as set forth in our Code of Conduct, which is incorporated into these Terms of Use. 

17. AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW

The exclusive means of resolving any dispute between You and The Monkey Mashup or any claim or controversy arising out of or relating to use of this Site and/or The Monkey Mashup’s Services (including any alleged breach of these Terms of Use) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against The Monkey Mashup any class action, class arbitration, or other representative action or proceeding.

*NOTICE OF RIGHTS*. By using the Site and/or Services in any manner, You agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between You and The Monkey Mashup. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but You should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against The Monkey Mashup may be commenced only in the federal or state courts located in New Jersey. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

These Terms of Use, and any dispute between You and The Monkey Mashup, shall be governed by the laws of the state of New Jersey without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

 

18. ELIGIBILITY

You must be 18 years of age or over, or the legal age to form a binding contract in Your jurisdiction if that age is greater than 18 years of age, to create a The Monkey Mashup Account or use the Services on Your own. Those under the age of 13 may not use the Services. If You are between the ages of 13 and 18 or the applicable legal age in Your jurisdiction, You can use the Services only under the supervision of Your parent or guardian who has agreed to these Terms of Use. By using the Services on behalf of a minor child, You represent and warrant that You are the parent or legal guardian of such child, and that all references in these Terms of Use to “You” shall refer to such child or such other individual on whose behalf You have authorization to enter into these Terms of Use and You in Your capacity as the parent or legal guardian of such child or as the authorized party of such individual.

If You do not qualify under these Terms of Use, You may not use the Services. Use of the Services is void where prohibited by applicable law, and the right to access the Services is revoked in such jurisdictions. By using the Services, You represent and warrant that You have the right, authority, and capacity to enter into these Terms of Use. The Services are administered in the U.S. and intended for U.S. users only; any use outside of the U.S. or use related to activities outside of the U.S. is prohibited and at the user’s own risk. You are responsible for compliance with any local, state or federal laws applicable to their use of the Services.

19. GENERAL PROVISIONS

You acknowledge and agree that The Monkey Mashup Site and Services are provided to You on an “AS IS” basis without any warranty whatsoever, and Your sole and exclusive remedy, and The Monkey Mashup’s sole obligation to You or any third party for any claim arising out of Your use of The Monkey Mashup Site Services, is that You are free to discontinue Your use of the Monkey Mashup Site or Services at any time. These Terms of Use will inure to the benefit of The Monkey Mashup’s successors, assigns and licensees. If any provision of these Terms of Use shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of The Monkey Mashup to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Services, or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use are governed by the laws of the State of New Jersey as such laws are applied to agreements entered into and to be performed entirely in the State of New Jersey. You agree to submit to jurisdiction in New Jersey and that any claim arising out of or related to these Terms of Use will be brought solely in a court in New Jersey. These Terms of Use constitute the entire Agreement between You and The Monkey Mashup and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof.

Your affirmative act of using the Services and/or creating a Monkey Mashup Account, which You are eligible and duly authorized to accept, constitutes Your electronic signature to these Terms of Use, which includes our Privacy Policy, Data Use Policy, and Code of Conduct.