Solexus Health Systems Web Site Usage AgreementOUR
COMMITMENT TO YOUR LEGAL PROTECTION
MyMonkBuddy.com Web Site Agreement
The
MyMonkBuddy.com Web Site (the "Site") is an online information service provided
by MyMonkBuddy.com ("MyMonkBuddy.com "), subject to your compliance with the terms
and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. MyMonkBuddy.com MAY
MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE
OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright,
Licenses and Idea Submissions. The
entire contents of the Site are protected by international copyright and trademark
laws. The owner of the copyrights and trademarks are MyMonkBuddy.com, its affiliates
or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions
of material from the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright or proprietary
notices from the materials. You agree to grant to MyMonkBuddy.com a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to sub-license, to
reproduce, distribute, transmit, create derivative works of, publicly display
and publicly perform any materials and other information (including, without limitation,
ideas contained therein for new or improved products and services) you submit
to any public areas of the Site (such as bulletin boards, forums and newsgroups)
or by e-mail to MyMonkBuddy.com by all means and in any media now known or hereafter
developed. You also grant to MyMonkBuddy.com the right to use your name in connection
with the submitted materials and other information as well as in connection with
all advertising, marketing and promotional material related thereto. You agree
that you shall have no recourse against MyMonkBuddy.com for any alleged or actual
infringement or misappropriation of any proprietary right in your communications
to MyMonkBuddy.com.
TRADEMARKS.
Publications,
products, content or services referenced herein or on the Site are the exclusive
trademarks or servicemarks of MyMonkBuddy.com including but not limited to the
trademark names and titles; "Solexus Health Systems", "MyMonkBuddy.com",
"Parallax Guided Meditation Audio Technology", "Parallax Brain-Entrainment
Audio Technology", "Shinka Guided Meditation System", "Shinka
Guided Meditations", "Shinka Zen Meditation System", "ShinkaZen
Meditation", "ShinkaZen", "Paraflux Audio Technology",
"Autonomix Quiet Affirmations Audio Technology", "Parachrons Audio
Technology", "ParallaxMind Audio Technology", "ParallaxMind
Dual Layer Binaural Beat Processing", "ParallaxMind", and "MetaPhase
Audio Technology". Other product and company names mentioned in the Site
may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for
information, products or services clearly identified as being supplied by MyMonkBuddy.com,
MyMonkBuddy.com does not operate, control or endorse any information, products
or services on the Internet in any way. Except for MyMonkBuddy.com- identified
information, products or services, all information, products and services offered
through the Site or on the Internet generally are offered by third parties, that
are not affiliated with MyMonkBuddy.com. You also understand that MyMonkBuddy.com
cannot and does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan horses or
other code that manifest contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
MyMonkBuddy.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT
MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD
TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY, AND MyMonkBuddy.com SHALL NOT BE LIABLE FOR ANY
COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS
OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. MyMonkBuddy.com DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED. YOU
UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS
SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO
SUCH MATERIALS IS AT YOUR RISK. MyMonkBuddy.com HAS NO CONTROL OVER AND ACCEPTS
NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. LIMITATION
OF LIABILITY
IN NO EVENT WILL MyMonkBuddy.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF MyMonkBuddy.com OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MyMonkBuddy.com LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. MyMonkBuddy.com
makes no representations whatsoever about any other web site which you may access
through this one or which may link to this Site. When you access a non-MyMonkBuddy.com
web site, please understand that it is independent from MyMonkBuddy.com, and that
MyMonkBuddy.com has no control over the content on that web site. In addition,
a link to a MyMonkBuddy.com web site does not mean that MyMonkBuddy.com endorses
or accepts any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and
hold harmless MyMonkBuddy.com, its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the Service from and against
all losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use
of the Service), and 3 (Indemnification) are for the benefit of MyMonkBuddy.com
and its officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these individuals or
entities shall have the right to assert and enforce those provisions directly
against you on its own behalf. 5.Term;
Termination. This
Agreement may be terminated by either party without notice at any time for any
reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions),
2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous)
shall survive any termination of this Agreement. 6.Miscellaneous.
This
Agreement shall all be governed and construed in accordance with the laws of The
United States of America applicable to agreements made and to be performed in
The United States of America. You agree that any legal action or proceeding between
MyMonkBuddy.com and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal or state court
of competent jurisdiction sitting in The United States of America . Any cause
of action or claim you may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action arises or such claim or
cause of action is barred. MyMonkBuddy.com's failure to insist upon or enforce
strict performance of any provision of this Agreement shall not be construed as
a waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of this Agreement.
MyMonkBuddy.com may assign its rights and duties under this Agreement to any party
at any time without notice to you. Any
rights not expressly granted herein are reserved.
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