Terms of Use Agreement

Read This Terms of Use Agreement Before registering and accessing Monitus.net.

Effective Date:  This Terms of Use Agreement was last updated on May 1, 2006.

This Terms of Use Agreement sets forth the standards of use of the Monitus.net Online Service for Registered Members. By using the Monitus.net website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.  Modifications shall become effective immediately upon being posted at the Monitus.net website.  Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1.      Description of Service

Monitus LLC is providing Member with subscription-based tools for the Yahoo! Store platform via the Monitus.net website. Member must provide (1)  all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection. Use of this Service requires the installation of the Monitus.net proprietary code on all pages of Member’s own website.

2.      Fees and Services

Subject to section 14 therein, the Service is provided to you without charge for one month after you register for the Service. After this month, continued Service will be provided according to our fee schedule at Monitus.net. Monitus LLC reserves the right to change this fee schedule from time to time. Unless otherwise stated, all fees are quoted in U.S. Dollars. Any outstanding balance becomes immediately due and payable upon termination of this Agreement for any reason and any collection expenses (including attorneys' fees) incurred by Monitus LLC will be included in the amount owed.

3.      Disclaimer of Warranties.

The site is provided by Monitus LLC on an “as is” and on an “as available” basis.  To the fullest extent permitted by applicable law, Monitus LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise.  Monitus LLC shall have no liability for any interruptions in the use of this Website.  Monitus LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.

4.      Limitation of Liability

MONITUS LLC SHALL NOT be liable for any damages whatsoever, and in particular MONITUS LLC shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if MONITUS LLC has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

5.      Indemnification

Member agrees to indemnify and hold Monitus LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

6.      Members Account

To register for the service, all Members of the Service must complete the registration process by providing Monitus LLC with current, complete and accurate information as prompted by the registration form.  Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Monitus LLC of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Monitus LLC.

7.      Modifications and Interruption to Service

Monitus LLC reserves the right to modify or discontinue the Service with or without notice to the Member. Monitus LLC shall not be liable to Member or any third party should Monitus LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Monitus LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

8.      Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

9.      Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources.  While Monitus LLC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Monitus LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

10.  Governing Jurisdiction of the Courts California

Our website is operated and provided in the State of California.  As such, we are subject to the laws of the State of California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that our website or other services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California. 

11.  Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws.  Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

12.  Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 Monitus LLC, with all rights reserved, or is the property of Monitus LLC and/or third parties protected by intellectual property rights. You will not nor will you allow any third party to copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation; reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which you are located. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Monitus LLC is strictly prohibited.  Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Monitus LLC.

Monitus™, .monitus.net™, monitus.com™ and are proprietary marks of Monitus LLC.  Monitus LLC’s trademarks may not be used in connection with any product or service that is not provided by Monitus LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Monitus LLC.

All other trademarks displayed on Monitus LLC’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors.  In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Monitus LLC.

13.  Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Monitus LLC designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail

P.O. Box 1714, Mill Valley, CA 94942

By Telephone: 415-868-4630

By Email: info (at) monitus.com

14.  Term and termination

Upon any termination or expiration of this Agreement, Monitus LLC will cease providing the Service, and You will delete all copies of Monitus LLC’s tracking code from all Pages and certify thereto in writing to Monitus LLC within three (3) business days of such termination. In the event of any termination (a) You will not be entitled to any refunds of any usage fees or any other fees, and (b) any (i) outstanding balance for Service rendered through the date of termination, and (ii) other unpaid payment obligations during the remainder of the Initial Term will be immediately due and payable in full and (c) all of Your historical report data will no longer be available to You.

15.  Information rights and publicity

Information associated with Member or Member's Site and will not be shared, sold, rented or used by company without Member's consent unless Monitus LLC (i) has Member’s consent; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Monitus LLC, its users or the public; or (iii) provides such information in certain limited circumstances to third parties to carry out tasks on Monitus LLC’s behalf (e.g., billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by Monitus LLC. When this is done, it is subject to agreements that oblige those parties to process such information only on Monitus LLC’s instructions and in compliance with this Agreement and appropriate confidentiality and security measures. Unless Member notifies Monitus LLC otherwise in writing, Member hereby grants to Monitus LLC and its wholly owned subsidiaries a limited license to use Member’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features ("Brand Features") in presentations, marketing materials, customer lists, and financial reports. Further, Unless Member notifies Monitus LLC otherwise in writing, Monitus LLC and its wholly owned subsidiaries retain the right to identify Member as a valued customer and optionally issue a press release that, at a minimum, discloses Member has licensed the Product.

16.  Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Monitus LLC, in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.  Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.