Terms of Service
Agreement between user and http://www.helpermonkeys.com
Welcome to http://www.helpermonkeys.com. The http://www.helpermonkeys.com website (the "Site") is
comprised of various web pages operated by HelperMonkeys, LLC ("HelperMonkeys").
http://www.helpermonkeys.com is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein (the "Terms"). Your
use of http://www.helpermonkeys.com constitutes your agreement to all such Terms. Please
read these terms carefully, and keep a copy of them for your reference.
Description of Service
http://www.helpermonkeys.com is an affilate management site.
Privacy
Your use of http://www.helpermonkeys.com is subject to HelperMonkeys's Privacy Policy.
Please review our Privacy Policy, which also governs the Site and informs users of our
data collection practices.
Electronic Communications
Visiting http://www.helpermonkeys.com or sending emails to
HelperMonkeys constitutes electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures and other
communications that we provide to you electronically, via email and on the Site, satisfy
any legal requirement that such communications be in writing.
Your account
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your account or password. You
may not assign or otherwise transfer your account to any other person or entity. You
acknowledge that HelperMonkeys is not responsible for third party access to your account that
results from theft or misappropriation of your account. HelperMonkeys and its associates
reserve the right to refuse or cancel service, terminate accounts, or remove or edit
content in our sole discretion.
HelperMonkeys does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may not use
http://www.helpermonkeys.com.
Links to third party sites/Third party services http://www.helpermonkeys.com may contain
links to other websites ("Linked Sites"). The Linked Sites are not under the control of
HelperMonkeys and HelperMonkeys is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. HelperMonkeys is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by HelperMonkeys of the site or any
association with its operators.
Certain services made available via http://www.helpermonkeys.com are delivered by third
party sites and organizations. By using any product, service or functionality originating
from the http://www.helpermonkeys.com domain, you hereby acknowledge and consent that
HelperMonkeys may share such information and data with any third party with whom HelperMonkeys has
a contractual relationship to provide the requested product, service or functionality on
behalf of http://www.helpermonkeys.com users and customers.
Use and Conduct
No unlawful or prohibited use/Intellectual Property You are granted a non-exclusive,
non-transferable, revocable license to access and use http://www.helpermonkeys.com strictly
in accordance with these terms of use. As a condition of your use of the Site, you warrant
to HelperMonkeys that you will not use the Site for any purpose that is unlawful or prohibited
by these Terms. You may not use the Site in any manner which could damage, disable,
overburden, or impair the Site or interfere with any other party's use and enjoyment of
the Site. You may not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as
well as the compilation thereof, and any software used on the Site, is the property of
HelperMonkeys or its suppliers and protected by copyright and other laws that protect
intellectual property and proprietary rights. You agree to observe and abide by all
copyright and other proprietary notices, legends or other restrictions contained in any
such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or
sale, create derivative works, or in any way exploit any of the content, in whole or in
part, found on the Site. HelperMonkeys content is not for resale. Your use of the Site does
not entitle you to make any unauthorized use of any protected content, and in particular
you will not delete or alter any proprietary rights or attribution notices in any content.
You will use protected content solely for your personal use, and will make no other use of
the content without the express written permission of HelperMonkeys and the copyright owner.
You agree that you do not acquire any ownership rights in any protected content. We do not
grant you any licenses, express or implied, to the intellectual property of HelperMonkeys or
our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, and/or other message or
communication facilities designed to enable you to communicate with the public at large or
with a group (collectively, "Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are proper and related
to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of others; publish, post, upload,
distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information; upload files that contain
software or other material protected by intellectual property laws (or by rights of
privacy of publicity) unless you own or control the rights thereto or have received all
necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's computer;
advertise or offer to sell or buy any goods or services for any business purpose, unless
such Communication Service specifically allows such messages; conduct or forward surveys,
contests, pyramid schemes or chain letters; download any file posted by another user of a
Communication Service that you know, or reasonably should know, cannot be legally
distributed in such manner; falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the origin or source of software
or other material contained in a file that is uploaded, restrict or inhibit any other user
from using and enjoying the Communication Services; violate any code of conduct or other
guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their
consent; violate any applicable laws or regulations.
HelperMonkeys has no obligation to monitor the Communication Services. However, HelperMonkeys
reserves the right to review materials posted to a Communication Service and to remove any
materials in its sole discretion. HelperMonkeys reserves the right to terminate your access to
any or all of the Communication Services at any time without notice for any reason
whatsoever.
HelperMonkeys reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in part, in
HelperMonkeys's sole discretion.
Always use caution when giving out any personally identifying information about yourself
or your children in any Communication Service. HelperMonkeys does not control or endorse the
content, messages or information found in any Communication Service and, therefore,
HelperMonkeys specifically disclaims any liability with regard to the Communication Services
and any actions resulting from your participation in any Communication Service. Managers
and hosts are not authorized HelperMonkeys spokespersons, and their views do not necessarily
reflect those of HelperMonkeys.
Materials uploaded to a Communication Service may be subject to posted limitations on
usage, reproduction and/or dissemination. You are responsible for adhering to such
limitations if you upload the materials.
Materials provided to http://www.helpermonkeys.com or posted on any HelperMonkeys web page
HelperMonkeys does not claim ownership of the materials you provide to
http://www.helpermonkeys.com (including feedback and suggestions) or post, upload, input or
submit to any HelperMonkeys Site or our associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your Submission you are
granting HelperMonkeys, our affiliated companies and necessary sublicensees permission to use
your Submission in connection with the operation of their Internet businesses including,
without limitation, the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; and to publish your name
in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. HelperMonkeys is under no obligation to post or use any Submission you may provide and
may remove any Submission at any time in HelperMonkeys's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as
described in this section including, without limitation, all the rights necessary for you
to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your HelperMonkeys account to third party
accounts. By connecting your HelperMonkeys account to your third party account, you
acknowledge and agree that you are consenting to the continuous release of information
about you to others (in accordance with your privacy settings on those third party sites).
If you do not want information about you to be shared in this manner, do not use this
feature.
Referral Fees
HelperMonkeys commissions promoters who refer businesses to join our network. The business can
be referred via the online "Refer a Business" form. This form generates a special link
that businesses can use to join the site. If a business types the URL (http://www.helpermonkeys.com)
directly and does not use the link you will not get credit for that referral. We cannot add you
as a referrer under any circumstances after the business has joined the site. We also
offer print sales material that has a space to add your Promoter Code. Again, if the business
registers without using that code or mistypes the code you will not receive credit for that referral.
We reserve the right to modify or cancel any or all of the referral program at any time.
International Users
The Service is controlled, operated and administered by HelperMonkeys from
our offices within the USA. If you access the Service from a location outside the USA, you
are responsible for compliance with all local laws. You agree that you will not use the
HelperMonkeys Content accessed through http://www.helpermonkeys.com in any country or in any
manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless HelperMonkeys, its officers,
directors, employees, agents and third parties, for any losses, costs, liabilities and
expenses (including reasonable attorneys' fees) relating to or arising out of your use of
or inability to use the Site or services, any user postings made by you, your violation of
any terms of this Agreement or your violation of any rights of a third party, or your
violation of any applicable laws, rules or regulations. HelperMonkeys reserves the right, at
its own cost, to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, in which event you will fully cooperate with HelperMonkeys in
asserting any available defenses.
Limitation of Liability
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. HELPERMONKEYS, LLC AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HELPERMONKEYS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY
KIND. HELPERMONKEYS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HELPERMONKEYS, LLC AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF HELPERMONKEYS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
HelperMonkeys reserves the right, in its sole discretion, to
terminate your access to the Site and the related services or any portion thereof at any
time, without notice. To the maximum extent permitted by law, this agreement is governed
by the laws of the State of California and you hereby consent to the exclusive
jurisdiction and venue of courts in California in all disputes arising out of or relating
to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists
between you and HelperMonkeys as a result of this agreement or use of the Site. HelperMonkeys's
performance of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of HelperMonkeys's right to comply with
governmental, court and law enforcement requests or requirements relating to your use of
the Site or information provided to or gathered by HelperMonkeys with respect to such use. If
any part of this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between
the user and HelperMonkeys with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between
the user and HelperMonkeys with respect to the Site. A printed version of this agreement and
of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent an d subject to
the same conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this agreement and
all related documents be written in English.
Changes to Terms
HelperMonkeys reserves the right, in its sole discretion, to change the Terms
under which http://www.helpermonkeys.com is offered. The most current version of the Terms
will supersede all previous versions. HelperMonkeys encourages you to periodically review the
Terms to stay informed of our updates.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are
entitled to the following specific consumer rights notice: The Complaint Assistance Unit
of the Division of Consumer Services of the California Department of Consumer Affairs may
be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or
by telephone at (916) 445-1254 or (800) 952-5210.
Contact Us
HelperMonkeys welcomes your questions or comments regarding the Terms:
HelperMonkeys, LLC
P.O. Box 777115
Henderson, NV 89077
Email Address: support@helpermonkeys.com
Telephone number: (855) 435-7376
Effective as of October 1, 2012