Terms and Conditions 

 

These terms and conditions are designed to protect our users from those that would use the service in an inappropriate or illegal manner that may cause harm and/or distress to our customers, partners, and event participants.     

 

1.      Acceptance of Terms
This is a legal agreement ("Agreement") between you, the user, together with any organization or other business entity you are representing, if any (collectively, the "Licensee") and Empowerment Solutions, LLC dba FundMonkey ("FundMonkey"). This Agreement governs the access and use of all products and services, including but not limited to FundMonkey Web Sites and Campaign Management Services, for which Licensee registers and which are provided by or through any web site or co-branded web site owned or controlled by FundMonkey, or any successor web sites (collectively, the "Service"). IF LICENSEE DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE, USE OR ACCESS THE SERVICE.

The Fundraising Service is offered to Licensee conditioned upon Licensee's acceptance without modification of this Agreement. Licensee acknowledges that, from time to time, it may be necessary for FundMonkey to update or revise certain provisions of the Agreement. By signing up for any FundMonkey Service and accepting this Agreement, Licensee agrees that FundMonkey may change the terms of the Agreement in its sole discretion without specific notice to Licensee. If Licensee does not agree to the changes proposed by FundMonkey, or to any terms in this Agreement, Licensee's sole and exclusive remedy is to cancel Licensee's FundMonkey Service ("Licensee's Account"). Notwithstanding the foregoing, FundMonkey reserves the right to cancel, suspend or refuse access to the Service to anyone in its sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.  

2.      Licensee Tax Status
Licensee must be a registered in the United States as a tax-exempt nonprofit or not-for-for profit corporation as evidenced by their EIN Number provided to FundMonkey.  Licensee will provide EIN to FundMonkey for verification and corporation must be current, active, and in good standing. 

3.      General Use of the Service
Licensee shall not use the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. Licensee agrees that Licensee will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site or product, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service other than for use as contemplated in any Service, including but not limited to the creation or operation of Licensee created Web sites, (collectively, "Licensee Site") in accordance with this Agreement. This means, among other activities, that Licensee agrees not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. Licensee agrees that Licensee will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. Licensee may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with the written permission of FundMonkey, Licensee agrees that Licensee will not access or attempt to access password protected, secure or non-public areas of the Service. If Licensee attempts to access prohibited areas of the Service, Licensee may be subject to prosecution.  

4.      Charges Billing and Advertisements
FundMonkey will charge licensing fees for a single use of the fundraising service.   Each subsequent use of the service will require a new license.   FundMonkey will also charge users a technology fee for processing online donations, online registrations, creating and using participant pledge codes and the campaign management email services.   Transaction fees, consisting of a technology fee of 5.5% and credit card processing fees of 2.9% plus $0.30 cents per transaction will be accrued each transaction processed by the FundMonkey secure transaction server for the licensed event.  Transaction fees will be subtracted from the online fees processed on behalf of the Licensee.  Online donations and registration fees will be paid to the Licensee, less all transaction fees, after the Licensee has closed their fundraising event through the Event Management interface.    

In the event of high or increased incidents of charge card reversals or billing disputes from donors using the FundMonkey secure transaction server, FundMonkey reserves the right to hold a portion of online donation amounts, up to 10% of all proceeds, for up to 180 days to satisfy charge backs from donors disputing charges through major credit card companies.  

If Licensee is required to pay a fee for all or any part of the Service for which Licensee has chosen to register. Licensee hereby authorizes FundMonkey to charge Licensee's valid and current credit or debit card for all applicable fees incurred by Licensee in connection with Licensee's chosen Service and Licensee's Account.  All fees shall be paid in U.S. dollars. FundMonkey shall consider ownership of an account and its constituent site(s) to be the identity of the person providing payment.

FundMonkey reserves the right to change any fees (which includes but is not limited to, increasing prices, and charging a fee for upgrades and/or a Service for which FundMonkey does not currently charge a fee) at any time, provided, however, that FundMonkey will provide Licensee with reasonable notice prior to making any fee changes. In addition, FundMonkey will also give Licensee reasonable notice before any modification to the Service that could adversely impact Licensee's Site(s). If Licensee finds any change to the Service to be unacceptable, Licensee is free to cancel any part of the Service or Licensee's Account at any time, but FundMonkey will not refund any remaining portion of Licensee's pre-paid fees when Licensee cancels any part of the Service or Licensee's Account.

Licensee agrees to pay Licensee's Account balance on time. Licensee also agrees to pay any taxes, including sales or use taxes, resulting from Licensee's use of the Service. Licensee is responsible and liable for any fees, including attorney and collection fees, that FundMonkey may incur in its efforts to collect any remaining balances due from Licensee. This Section 3 shall in no way limit any other remedies available to FundMonkey. Licensee also acknowledges and agrees that Licensee will be billed for and will pay any outstanding balances if Licensee cancels Licensee's Account or Licensee's Account is terminated due to Licensee's breach of this Agreement. Licensee must notify FundMonkey of any billing problems or discrepancies within sixty (60) days after they first appear on Licensee's credit card account statement. If Licensee does not notify FundMonkey within sixty (60) days, Licensee waives any right to dispute such problems or discrepancies.

FundMonkey may show advertisements on any portion of the Service which it provides to Licensees without permission from Licensee at FundMonkey's discretion.  

5.      Licensee Registration/Privacy Policy
In order for Licensee to participate in the Service, FundMonkey will require Licensee to provide specific information about Licensee and/or and Licensee's organization. If Licensee chooses to become a customer, Licensee agrees to provide true, accurate and complete information and to refrain from impersonating or falsely representing Licensee's affiliation with any person or entity. Licensee shall maintain a valid email address at all times. Licensee shall be responsible for maintaining the confidentiality of Licensee's Account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. Licensee shall be responsible for all actions by such users, including without limitation former employees, volunteers and former partners, and shall indemnify FundMonkey for such actions as set forth in Section 14.

Any information supplied by Licensee upon registering for the Service and any other information about Licensee and/or Licensee's organization (collectively, "Licensee Data") is subject to FundMonkey's Privacy Policy. FundMonkey will send Licensee newsletters and email messages to inform Licensee of new products, promotions, features and helpful tips for effectively utilizing the Service.  FundMonkey will also use email to inform Licensee of important policy changes or subscription renewal notices. For more information, Licensees may review the FundMonkey Privacy Policy on our website.  

6.      Licensee Account Limitations
Licensee hereby acknowledges that FundMonkey may, from time to time, establish general practices and limits concerning the use of the Service, including without limitation, (a) the maximum number of days that content posted on the Licensee Web Site will be retained by FundMonkey, (b) maximum limits on bandwidth usage that will be allotted to Licensee, (c) maximum limits on storage space, (d) the maximum number of Web pages per Licensee Account, (e) maximum number of photographs or other data according to the type of Licensee Account, (f) maximum limits on the number of pages within each Licensee Web Site, and (g) maximum time limitations for the retention of Licensee Content following an account cancellation.  

Any of the foregoing limits will be consistent with the Service (including any upgrades) for which Licensee has registered. Licensee agrees that FundMonkey has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. Licensee further acknowledges and agrees that FundMonkey reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.  FundMonkey reserves the right to charge Licensee for any fees associated with the creation of Licensee's FundMonkey website.  

7.      Content Submitted to FundMonkey
The Service may include several venues such as Licensee sites, blogs, social networking and/or other message or communication facilities designed to enable Licensees to disseminate and exchange thoughts and opinions to and with other users or the general public. Although FundMonkey firmly believes in the value of free and open dissemination and exchanges; however, it is under no obligation, but does reserve the right, to monitor, pre-screen, or otherwise remove any content stored in its servers it deems inappropriate. Therefore, FundMonkey cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Licensee acknowledges that Licensee should always use caution when posting any personally identifying information about Licensee or Licensee's members on the Service, the Licensee Site, or any other user sites.  

8.      Licensee Conduct
Licensee's right to use the Service is personal to Licensee and Licensee's fundraising organization and its volunteer members (if applicable). Licensee, and NOT FundMonkey, is entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Licensee Content") posted via the Service. Licensee, and NOT FundMonkey, is also responsible for compliance with all laws, regulations and ordinances connected with all aspects of Licensee's use of the Service. Licensee shall not use the Service for any illegal purpose in violation of any local, state, federal or international law. Licensee must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (collectively, "Information and Actions") in connection with Licensee's use of the Service. If the Service does not provide adequate facility or features for Licensee to provide such Information and Actions, then Licensee shall not use the Service.

FundMonkey does not control or monitor the Licensee Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. FundMonkey reserves the right, but is not obligated to review the Licensee Content posted via the Service and to refuse or remove any such materials in its sole discretion, without notice at any time. FundMonkey also reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, from the Licensee Content in FundMonkey's sole discretion.  

With respect to the content on the Licensee Web Site, Licensee agrees not to:  

a.      post, upload or otherwise transmit any content which is misleading to others or impersonate any person or entity or falsely state or otherwise misrepresent Licensee's affiliation with a person or entity to others, including, but not limited to, consumers.  

b.      post, upload or otherwise transmit any content that is threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially and ethnically objectionable.  

c.       post, upload or otherwise transmit any content that Licensee does not have a right to post and transmit under any law or under contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements).  

d.      post, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party.  

e.      post, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment and/or attempt to access the accounts of others, or attempt to penetrate security measures of FundMonkey, its vendors or suppliers or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data. 

f.        post, upload or otherwise transmit any materials that impose an unreasonable or disproportionately large load on FundMonkey's infrastructure that exceed the limits provided by the Service for which Licensee registered.  

g.      post, upload or transmit any unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters," "pyramid schemes," or any other form of solicitation. 

h.      interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.  

i.        intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law. 

j.        forge any headers or other manipulation of identifiers to disguise the origin of any content transmitted through the Service.  

k.       promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; or  

l.        sell, distribute, disseminate or link to any sites for marketing, sales, distribution of: firearms, explosives, ammunition, tobacco products and any other products or services that (i) Licensee cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via the Licensee Web Site could cause FundMonkey to violate any law, statute or regulation.  

m.    post or disclose any personal or private information or images about children or any third party without their consent (or a parent's consent in the case of a minor).  

FundMonkey may terminate Licensee's account for failure to comply with the above listed rules of Licensee Conduct.  

9.      Third Party Content
For Licensee's convenience, the Service may contain products, services, content and information from third party providers (which includes advertisers and affiliates) and/or links to their Web sites ("Third Party Content") as may be provided  and authorized by Licensees. Such Third-Party Content is not under the control of FundMonkey and FundMonkey is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. FundMonkey is under no obligation but does reserve the right to pre-screen Third Party Content available on the Service and does not assume any responsibility or liability for the content provided by others. FundMonkey is providing such Third-Party Content to Licensee only as a convenience, and the inclusion of such content does not imply endorsement by FundMonkey of such content or the affiliate or advertiser. Licensee may be subject to additional and/or different terms, conditions, and privacy policies when using third party products, services, content, software, or sites. FundMonkey does reserve the right to remove content that, in FundMonkey's judgment, does not meet its standards, but FundMonkey is not responsible for any failure or delay in removing such material.

FundMonkey is not and will not be responsible for (i) the terms and conditions of any transaction between Licensee and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third-party or any other legal liability arising out of or related to the performance of such services. If Licensee has a dispute with any such third party, Licensee releases FundMonkey (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.  

10.  DISCLAIMER OF WARRANTIES.
LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) LICENSEE'S USE OF THE SERVICE IS AT LICENSEE'S SOLE RISK. FUNDMONKEY AND ITS SUPPLIERS PROVIDE THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, AND THE LICENSEE SITE(S) "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
(B) FUNDMONKEY AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET LICENSEE'S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY LICENSEE THROUGH THE SERVICE WILL MEET LICENSEE'S EXPECTATIONS.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, OR LICENSEE SITES IS DONE AT LICENSEE'S OWN DISCRETION AND RISK, AND LICENSEE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO LICENSEE'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  

11.  LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR OTHERWISE, IN NO EVENT SHALL FUNDMONKEY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF FUNDMONKEY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO LICENSEE. IN NO EVENT SHALL FUNDMONKEY'S AGGREGATE LIABILITY TO LICENSEE AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT LICENSEE ACTUALLY PAYS TO FUNDMONKEY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS. Without limiting the foregoing, neither FundMonkey nor its suppliers is responsible for any of Licensee's data residing on the Service or FundMonkey's suppliers' hardware. Licensee is responsible for backing-up Licensee's data and information that may reside on the Service or FundMonkey's suppliers' hardware, whether or not such information is produced through the use of the Service. It is Licensee's responsibility to take the necessary steps to ensure that Licensee's primary means of business is maintained (if applicable).  

12.  Additional Representations and Warranties.
You represent, warrant, and covenant that (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years of age; and (c) you will only use the FundMonkey Web Sites and Services in accordance with these Terms of Service.
You further represent that you are and will at all times be, in full compliance with all applicable laws, regulations, rules and ordinances (collectively, "Laws") regarding your business, the sale and use of the Products, and as otherwise related to this Agreement and Customer's performance hereunder.  

13.  Proprietary Rights to Licensee Content
FundMonkey does not claim ownership of the Licensee Content that Licensee provides to FundMonkey and/or places on the Licensee Site. However, Licensee grants FundMonkey a worldwide, royalty-free, non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display the Licensee Content on and through the Service and in FundMonkey's promotional or advertising materials (only for the limited purpose of promoting the Service), and (ii) sublicense to third parties such Licensee Content to the extent necessary for the creation and maintenance of, in part or in whole, such Web sites. No compensation will be paid or due Licensee with respect to FundMonkey's or its sublicensee's use of the materials as licensed above. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any Licensee Site, Licensee warrants and represents that Licensee owns or otherwise controls the rights necessary to do so and to grant FundMonkey the license set forth above, and, pursuant to the terms set forth in Section 14, Licensee will defend and indemnify FundMonkey and its suppliers from any third party claim related to a breach of any of the foregoing representations and warranties.  

14.  FundMonkey Proprietary Rights/Software Licenses
Licensee acknowledges and hereby agrees that the Service and any software used in connection with the Service (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Licensee further acknowledges and agrees that content contained in sponsor advertisements or information presented to Licensee through the Service, advertisers and/or Discussion Boards is protected by applicable copyrights, trademarks, service marks, patents and other proprietary rights and laws.

FundMonkey provides Licensee with a non-exclusive, non-transferable, limited license to use the Software, which Licensee agrees to use in accordance with this Agreement. Licensee may not sub-license or charge others to use or access the Software without first obtaining written permission or a written agreement from FundMonkey. The Software is owned by FundMonkey and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification, creation of derivative works from or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. The Software, its structure, sequence and organization and source code are considered trade secrets of FundMonkey and its suppliers and are protected by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. LICENSEE MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.  

15.  Indemnification
Licensee agrees to indemnify and hold FundMonkey and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) Licensee's breach of this Agreement; (ii) any information (including but not limited to Licensee Content and Licensee's publicly posted information) submitted, posted, or otherwise provided by Licensee at the Licensee Site and/or to FundMonkey and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by Licensee's actions; and (iv) Licensee's negligence or violation or alleged violations of any rights of another; (v) any third party claim against the Indemnified Party for: (1) personal injury or property damage to the extent such Liabilities arise out of or result from the negligence or other tortuous conduct of Customer; or (2) the breach of any representation or warranty made by Customer; or (3) any claim by a customer of Customer against any Indemnified Party to the extent such Liabilities arise out of or result from Customer's business dealings with such Customer, including, without limitation the provision of any products or services to such Customer. These obligations will survive any termination of Licensee's relationship with FundMonkey or Licensee's use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of FundMonkey and/or its suppliers, affiliates, partners, subsidiaries, and employees.  

16.  Copyright and Trademark Notices
All materials of the Service and the Software (as well as the organization and layout of the Service are owned and copyrighted or licensed by FundMonkey, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the FundMonkey (and any successor Web sites or additional Web sites or any co-branded Web sites), and/or the Software, is permitted without the written permission of FundMonkey. Any rights not expressly granted herein are reserved.

FundMonkey logos and trademarked events are trademarks of FundMonkey.  Licensees with a registered license have permission to use FundMonkey.  From time-to-time FundMonkey may offer a limited license to Licensees to display FundMonkey award logos or other symbols of merit on Licensee Web Sites after FundMonkey, in its sole discretion, confers such distinctions to the applicable Licensees. However, FundMonkey reserves the right to withdraw such logos or symbols and delete them in its sole discretion for any reason.  

17.  Modification of the Service
FundMonkey reserves the right, at its sole discretion, to, at any time, modify, or discontinue the Service, temporarily or permanently, (or any part thereof), including the imposition of limits on certain features and services or restriction of access to parts or all the Service, with or without notice. Licensee agrees that FundMonkey shall not be liable to Licensee or to any third party for any modification, suspension, or discontinuance of the Service. Licensee further agrees that FundMonkey shall have the right to remove any feature from the Licensee Site, with or without notice to Licensee, at any time at FundMonkey's sole discretion, if FundMonkey discontinues offering the feature for any reason. If Licensee does not agree to any such modifications, Licensee's sole and exclusive remedy is to cancel Licensee's Account.  

18.  Termination/Cancellation of Licensee Account
Either Licensee or FundMonkey may terminate or cancel Licensee's Account (or any part of the Service) at any time, but FundMonkey will not be obligated to refund any pre-paid fees upon such termination or cancellation.  

a.      Termination by Licensee. Licensee may cancel your Licensee Account or any part of the Service at any time. To cancel your Service, Licensee must call 1-515-333-4171; or, at FundMonkey's sole discretion, on a case-by-case basis, by submitting a cancellation form. Licensee will receive a cancellation confirmation via email after FundMonkey processes Licensee's cancellation request. FundMonkey reserves the right to collect fees, surcharges or costs incurred before Licensee cancels Licensee's Account in addition to the applicable cancellation fee(s).

Licensee must provide us with the following information for us to process the cancellation:  

·         The exact name of the Service that Licensee would like to cancel  

·         Licensee's username and password  

·         Licensee's email address  

·         Licensee's billing information, including the credit card number that the Licensee used when purchasing the Service  

·         Licensee's billing address 

·         Licensee's reason for canceling the Service  

  

b.      Termination by FundMonkey. FundMonkey may terminate Licensee's Service or Licensee's Account if FundMonkey determines, in FundMonkey's sole discretion, to discontinue offering the Service. Additionally, FundMonkey, in its sole discretion, may terminate Licensee's Site, Licensee's Account or Licensee's use of the Service for any reason, including, without limitation, (i) if Licensee breaches this Agreement, (ii) if FundMonkey is unable to verify or authenticate any information that Licensee provides to FundMonkey, or (iii) if FundMonkey believes that Licensee has violated or acted inconsistently with the spirit of this Agreement. If FundMonkey terminates Licensee's Account pursuant to (i), (ii) or (iii) above, Licensee will forfeit all credits, pre-paid fees, and any other amounts accruing to Licensee, if any, and FundMonkey shall not be required to refund, redeem, or pay amounts to Licensee upon such termination.  

c.       Effect of Termination. Upon termination of Licensee's Account for any reason, FundMonkey reserves the right to (a) collect all charges, fees, commitments, and obligations incurred or accrued by Licensee; (b) delete any Licensee Content, listings, messages or other information in connection with Licensee's Account; (c) prohibit Licensee's access to Licensee's Account, including without limitation by deactivating Licensee's password; and (d) refuse Licensee future access to the Service. In no event shall FundMonkey be required to refund, redeem, or pay amounts to Licensee upon termination of Service or return any Licensee Content.  

Licensee understands and agrees that the cancellation of Licensee's Account is Licensee's sole right and remedy with respect to any dispute with FundMonkey. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or FundMonkey's enforcement or application of any such term; (2) any policy or practice of FundMonkey, including FundMonkey's Privacy Policy and Copyright Policy, or FundMonkey's enforcement or application of these policies; (3) the content available through the Service or any change in content provided through the Service; (4) Licensees' ability to access or use the Service or Licensee's Web Site; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods or change to the fees, applicable taxes, surcharges or billing methods, if any.  

19.  Notice
Statements, notices and other communications to Licensee may be made by mail, email, postings within Licensee's account or other reasonable means. Licensee shall be solely responsible for updating the account's registered email and postal address. FundMonkey shall not be responsible for any undelivered notices caused by Licensee's failure to update the account information. FundMonkey may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices generally on the FundMonkey Web Site. Licensee should refer to the Licensee Support page of the Service for information on how to contact and/or provide notice to FundMonkey.  

20.  Arbitration/ Jurisdiction
Licensee agrees that any dispute or claim arising out of or related to the Service or this Agreement, or the interpretation, making, performance, breach, or termination thereof, shall be finally settled by binding arbitration in Dallas County, Iowa under the American Arbitration Association Rules by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted, and all evidence shall be offered in the English language. Licensee agrees that any claim against FundMonkey must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be barred forever.

Notwithstanding the above, FundMonkey may apply to any court of competent jurisdiction (i) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary, including without limitation for breach of Section 13 (FundMonkey Proprietary Rights/Software License) or (ii) to collect fees due and owing from Licensee pursuant to this Agreement, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.

A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  

21.  General
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. FundMonkey's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Licensee shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without prior written approval of FundMonkey, and any such attempted assignment shall be void. FundMonkey shall have the right to freely assign this Agreement, and its rights and obligations hereunder, to any third party without requiring the consent or notice of Licensee. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. This Agreement sets forth the entire understanding and agreement between FundMonkey and Licensee with respect to the subject matter hereof. The section and subsection titles in the Agreement are for convenience only and have no legal or contractual effect. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.

The Services hereunder are offered by FundMonkey, located at PO Box 410, Woodard, IA 50276. 

22.  Independent Review
LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT LICENSEE AGREES TO ALL ITS TERMS AND CONDITIONS. LICENSEE HAS INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.