Terms of Service
Important Information
You should carefully read the following Terms and Conditions. Your purchase or use of our products implies that you have read and accepted these Terms and Conditions.
Introduction
The following terms and conditions govern all use of the Thesearchmonkey.com website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Thesearchmonkey.com privacy policy).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Thesearchmonkey.com, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Ownership
You do not claim intellectual property right or exclusive ownership to any of our products, modified or unmodified. All products are property of Thesearchmonkey.com. Our products are provided as is without warranty of any kind, either expressed or implied. In no event shall our company be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products.
Responsibility of Contributors
We may keep a record of any correspondence if you should contact us. Details of the resources you access and of your visits to our site. Details of transactions you may carry out through our site and of the completion of your orders.
IP ADDRESSES AND COOKIES
If you operate a website, comment on a website, post material to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, Content), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing)
- The Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party
- Your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site's URL or name is not the name of a person other than yourself or company other than your own
- You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Thesearchmonkey.com or otherwise.
By submitting Content to Thesearchmonkey.com for inclusion on your Website, you grant Thesearchmonkey.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site. If you delete Content, Thesearchmonkey.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Thesearchmonkey.com has the right (though not the obligation) to, in Thesearchmonkey.com's sole discretion (i) refuse or remove any content that, in Thesearchmonkey.com's reasonable opinion, violates any Healthy Diet Care policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Thesearchmonkey.com's sole discretion. Thesearchmonkey.com will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors
Thesearchmonkey.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Thesearchmonkey.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Thesearchmonkey.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and WebPages to which Thesearchmonkey.com links, and that link to Thesearchmonkey.com. Thesearchmonkey.com does not have any control over those non-Thesearchmonkey.com websites and WebPages, and is not responsible for their contents or their use. By linking to a non- Thesearchmonkey.com website or webpage, Thesearchmonkey.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Thesearchmonkey.com disclaims any responsibility for any harm resulting from your use of non- Thesearchmonkey.com websites and WebPages.
Copyright Infringement and DMCA Policy
As Thesearchmonkey.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Thesearchmonkey.com violates your copyright, you are encouraged to notify Thesearchmonkey.com. Thesearchmonkey.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Thesearchmonkey.com or others, Thesearchmonkey.com may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Thesearchmonkey.com will have no obligation to provide a refund of any amounts previously paid to Thesearchmonkey.com.
Intellectual Property
This Agreement does not transfer from Thesearchmonkey.com to you any Thesearchmonkey.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Thesearchmonkey.com. Thesearchmonkey.com, www.Thesearchmonkey.com.com, the Thesearchmonkey.com logo, and all other trademarks, service marks, graphics and logos used in connection with Thesearchmonkey.com, or the Website are trademarks or registered trademarks of Thesearchmonkey.com or Thesearchmonkey.com's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Thesearchmonkey.com or third-party trademarks.
Changes
Thesearchmonkey.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Thesearchmonkey.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
Thesearchmonkey.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Thesearchmonkey.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP Services account, such account can only be terminated by Healthy Diet Care if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Thesearchmonkey.com's notice to you thereof; provided that, Thesearchmonkey.com can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The materials on Thesearchmonkey.com's web site are provided as is Thesearchmonkey.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Thesearchmonkey.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Limitation of Liability
In no event will Thesearchmonkey.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Thesearchmonkey.com under this agreement during the twelve (12) month period prior to the cause of action. Thesearchmonkey.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Thesearchmonkey.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.