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Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE.

Welcome to the Monitor website at www.MonitorPromos.com (the “Site”), which is owned and operated by Monitor Premiums, LLC, a Vermont corporation (“Monitor”).  This Site is being provided to you under the following terms and conditions and any rules, policies and procedures that may be published from time to time on this Site (collectively, the “Terms of Use.”)


Acceptance of Terms

You agree that your use of the Site as either a guest (when you browse the Site) or a Member (when you have registered on the Site) are subject to the Terms of Use.  Your are only authorized to use this Site if you agree to abide by all applicable laws and the Terms of Use.  Please read this agreement carefully.  If you do not agree with the Terms of Use, you should leave the Site.

Monitor may modify the Terms of Use from time to time, with or without notice to you, and such modifications shall be effective upon posting by Monitor on the Site.  You agree to be bound by any changes to the Terms of Use when you use the Site after any such modification is posted.  It is therefore important that you review the Terms of Use in this Agreement regularly to ensure that you are updated as to any changes.

These Terms of Use shall remain in full force and effect while you use the Site.  You may terminate your membership at any time, for any reason.  After your Membership terminates, either by you or by Monitor, these Terms of Use will terminate.

Privacy and Protection of Personally Identifiable Information

Please review Monitor’s Privacy Policy relating to the collection and use of your personally identifiable information.

Links to Third Party Sites

If you use links to third party websites on the Site, you will leave the Site.  Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Monitor of the third party, the third party website, or the information contained therein.  Monitor is neither responsible for the availability of any such websites, nor responsible for or liable for any such website or the content thereon.  If you use the links to third party websites, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those websites.

Intellectual Property

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software (collectively, “Content”), is the sole and exclusive property of Monitor or its content suppliers and is protected against unauthorized use by United States and international copyright laws.  Monitor service names, graphics, logos, images, content, page headers, button icons, and scripts are trade names, trademarks, services marks, or trade dress of Monitor in the United States and/or other countries.  Monitor’s trade names, trademarks, service marks and trade dress may not be used in connection with any product or service that is not Monitor’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Monitor.  All other marks not owned by Monitor that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by, Monitor.

Restrictions on Use of Content

Visitors may access this Site and the Content available on this Site solely for personal use for the purpose of browsing for and purchasing products, in accordance with the applicable Terms of Use.  Except as permitted above and as may be specifically agreed in writing by Monitor, no Content from this site may be used, reproduced, transmitted, distributed, downloaded, displayed, modified or otherwise exploited in any way.  All users agree to refrain from copying, modifying, reverse engineering, decompiling or disassembling any software code included in the Content.

License and Site Access

Monitor grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Monitor.  This license does not include any resale or commercial use of this Site or its contents; any collection and use of any listings, descriptions, ratings or rankings; any derivative use of this Site or its contents; or any use of data mining, robots, or similar data gathering or extraction tools.  This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Monitor.

CONTACT INFORMATION:

Attn: Monitor – Website Terms of Use
email: info@monitorpremiums.com

Third Party Services

Special routing icons may be included within the Site, the activation of which will allow you to access and learn more about Monitor and other services provided by Monitor or its affiliates. When you access any of these services, your rights and obligations will be governed by the agreements and policies relating to the use of these services.

Disclaimer of Warranties & Limitations on Liability

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MONITOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MONITOR MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MONITOR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE. MONITOR WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MONITOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  MONITOR DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR EMAIL SENT FROM MONITOR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  MONITOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDE ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.  SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.  YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Promotional Messages

Monitor may, from time to time, send email messages to you containing advertisements, promotions, etc. from Monitor, Monitor affiliates, or third parties.  Monitor makes no representation or warranty with respect to the content of any such email messages or services that may be obtained from Monitor, and you agree that Monitor shall not have any liability with respect thereto.

Copyright Complaints

Monitor respects the intellectual property rights of others.  It is our policy not to permit materials known by Monitor to infringe another party’s copyright to remain on the Site.  If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Monitor by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512) to our copyright agent set forth below: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Monitor to locate the material; (iv) Information reasonably sufficient to permit Monitor to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright Agent:

Managing Director
c/o Monitor Premiums, LLC
11045 Donner Pass Road, Suite 2B
Truckee, CA 96161
info@monitorpromos.com

Indemnification

You agree to indemnify and hold Monitor and its parents, subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any fines, loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site and/or from any breach of this Agreement.

Applicable Law

These Terms of Use are governed by the laws of the State of Vermont, USA, without regard to principles of conflict of laws.  Any dispute relating to your use of products or services provided by Monitor, or to these Terms of Use, shall be adjudicated in any state or federal court in Vermont, and you consent to exclusive jurisdiction and venue in such courts.

Remedies for Breach of these Terms by You

In the event that Monitor determines, at its sole discretion, that you have breached any portion of these Terms of Use, Monitor reserves the right to (i) warn you via email that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to the Site; (iii) discontinue your registration with the Site and/or any other Monitor website; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which Monitor deems to be appropriate.

Miscellaneous

These Terms of Use, and the Monitor Privacy Policy, constitute the entire agreement of the parties with respect to your use of the Site.  The Terms of Use may be modified by Monitor at any time, and by you only with the prior written consent of Monitor in each instance.  Any claim with respect to your use of this Site must be brought within one (1) year of the date that the claim arises.  If any provision of the Terms of Use is held unenforceable, the remaining provisions will be enforced to the maximum extent possible.  No waiver by Monitor of any rights under these Terms of Use constitutes a waiver of any other right, or right to enforce any subsequent breach of the Terms of Use.  In the event Monitor is forced to enforce its rights against you, in addition to any other remedies, you agree to pay Monitor’s reasonable costs, including attorneys’ fees and costs of suit.