VariousMonks Terms and Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Customer”, “You” and “Your” refers to you, the person accessing this website and accepting VariousMonks’ terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to VariousMonks. “Party”, “Parties”, or “Us”, refers to both the Customer and ourselves, or either the Customer or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Customer in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Customer’s needs in respect of provision of VariousMonks’ stated services, in accordance with and subject to, prevailing United States (U.S.) Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. Information we gather from you will be used and shared only for the purposes of VariousMonks website, and will only by shared with third parties with your explicit consent. (See opt-in project sharing section). Only authorized employees within the company on a need-to-know basis will have access to information that you wish to remain private. We constantly review our systems and data to ensure the best possible service to our Customers. U.S. government has defined specific offences for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Customer records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Customers have the right to request sight of, and copies of, any and all Customer Records we keep, on the proviso that we are given reasonable notice of such a request. Customers are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Customers with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
Log Files We use IP addresses to analyze trends, administer the site, track users’ movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within VariousMonks on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Opt-in Project Sharing
The option to have your project available to local vendors is entirely voluntary and updatable.
If this option is chosen, vendors within a defined distance will be able see your project and contact information. We offer this information in order to facilitate connection between projects and local vendors that may otherwise go unnoticed. This is an elective service and may be cancelled at any time.
We will not sell, share, or rent your personal information to any third party without your explicit consent. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
All major Credit/Debit Cards, or checks are acceptable methods of payment. Subscription to VariousMonks’ paid services via credit cards is on a monthly basis, and the fee will be charged each month unless a cancellation notice is received. Check payments are based on a defined monthly duration of service.
Subscriptions may be changed in the middle of a billing cycle and your bill will be pro-rated to reflect these changes.
Currently, payments can only be processed for US Dollars.
The Customer has the right to cancel subscription to services at any point.
Termination of Agreements and Refunds Policy
Both the Customer and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway.
If the Customer provides cancellation notice within the first week of the new subscription month (which may or may not coincide with a calendar month), the Customer will receive a full refund of that month’s fee. Cancellation during the second week will result in a 50% refund, while cancellation during the third or fourth weeks will be subject to no refund for that month.
Customers who pay with checks will be refunded according to the time remaining in the agreed upon duration of service rounded to a complete month. (which may or may not coincide with a calendar month).
Upon cancellation of a premium subscription, the Customer will have the option to assume a free account or removed themselves from our website.
General Posting Requirement
All postings on VariousMonks.com are limited to products and services relevant to the construction and building industries. No other postings will be accepted. In order to maintain the integrity of our mission of fostering local commercial exchange, we will not list distributors only. For manufacturers who are also distributors of their own products, we will list only the manufacturing location.
All postings will be screened to ensure that they are listed within the appropriate category. If VariousMonks feels the posting is not in the correct category, we will contact the Customer to negotiate the appropriate location. If an agreement cannot be reached, the posting will not be accepted and, if applicable, a refund will be issued according to our policy.
In general, products that are very similar should be posted together. If VariousMonks feels a product is too finely parsed we will contact customer to negotiate a more appropriate posting. If an agreement cannot be met, the posting will not be accepted and, if applicable, a refund will be issued according to policy.
VariousMonks may decline to accept advertising and posts that:
• Contain fraudulent, deceptive or misleading statements or illustrations; attacks of a personal nature; or advertisements that are overly competitive, or refer abusively to the goods or services of others.
• Are offensive to good taste, e.g. indecent, vulgar, suggestive or, in the opinion of VariousMonks, may be offensive to good taste.
• Contain discriminatory content that fails to comply with the express requirements of federal and state laws.
• Political advertisements that do not identify the paying sponsor in every frame of the ad will not be accepted.
• Advertisements that, in our opinion, simulate VariousMonks and that may be confused with our web pages will not be accepted.
If an advertisement or post contains statements or illustrations that are not deemed acceptable, and that VariousMonks thinks should be changed or eliminated, the advertiser will be notified. VariousMonks will attempt to negotiate changes with the advertiser; however, if changes cannot be negotiated, the advertisement will be declined by VariousMonks.
Unless otherwise stated, the services featured on this website are only available within the United States, Canada and Mexico, or in relation to postings from these countries. All advertising is intended solely for these markets. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. We do not guarantee that the service from this site will be uninterrupted, timely or error-free, although it is provided to the best ability. By using this service you thereby indemnify VariousMonks, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices or content of these sites. We encourage our users to be aware when they leave our site, and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site, before disclosing any personal information to them. VariousMonks will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Exclusions and Limitations
The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
• Excludes liability for all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
• excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
• Excludes liability for services delivered or not delivered by third party businesses listed on Our website.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Copyright and other relevant intellectual property rights exist on all text relating to VariousMonk’s services, except for customer and product information.
VariousMonks logo is a trademark of this Company in the United States and other countries. The brand name and specific services of VariousMonks featured on this website are trademarked.
Complaints regarding content posted on the VariousMonks Website
VariousMonks desires to offer a website where our Users share truthful and accurate information. We respect the intellectual property rights of others and desire to offer a website which contains no content that violates those rights. Our User Agreement requires that information posted by Users be accurate, lawful and not in violation of the intellectual property rights of third parties. To promote these objectives, VariousMonks provides a process for submission of complaints concerning content posted by our Users. Our policy and procedures are described in the sections that follow.
In accordance with our User Agreement and these procedures, and regardless of whether VariousMonks may be liable for any alleged violation of rights or inaccurate or unlawful content, VariousMonks may remove or disable access to specified content appearing on the VariousMonks website upon receipt of a verified notice asserting that the content infringes intellectual property rights, is inaccurate, or is otherwise unlawful. Whether or not we disable access to or remove content, VariousMonks may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the User who posted the content and/or take other reasonable steps to notify the User that VariousMOnks has received notice of an alleged violation of intellectual property rights or other content violation. The User may refute a claim by submitting a counter-notice as permitted in these procedures. Any counter-notice submitted may be provided to the complainant with the User’s contact information. Our policies and procedures for removing or disabling access to content alleged to be infringing, inaccurate or otherwise unlawful are and remain at our sole discretion. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Users, or groups as the case may be, who may infringe or repeatedly infringe the intellectual property rights of others, or who otherwise post inaccurate or unlawful content.
Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.
CLAIMS REGARDING COPYRIGHT INFRINGEMENT
Notice of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), VariousMonks has implemented procedures for receiving written notification of claimed infringements. VariousMonks has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed provide a written communication which contains:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description specifying the location on our website of the material that you claim is infringing;
Your telephone number and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please submit your notice to the VariousMonks Agent as follows:
Or contact us by mail at:
ATTN: Copyright Agent
34 Hancock St. 1c
Boston, MA 02114
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may complete the Counter-Notice Regarding Claim of Copyright Infringement form, or otherwise provide a written communication which contains:
Your physical or electronic signature;
Identification of the material removed or to which access has been disabled;
A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
Your name and telephone number;
Please submit your Counter-Notice to VariousMonks Copyright Agent via mail or email to the addresses specified above.
We have several different e-mail addresses for different queries. These, and other contact information, can be found under Contact Us link on our website.
This company is registered in the Commonwealth of Massachusetts, Number 45-4418916, registered office 34 Hancock St 1C, Boston, MA 02114.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party, including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, or which could not have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of the United States govern these terms and conditions. By accessing this website and using our services, you consent to these terms and conditions and to the exclusive jurisdiction of the U.S. courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of VariousMonks to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of VariousMonks.
Notification of Changes
These terms and conditions form part of the Agreement between the Customer and ourselves. Accessing this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
© VariousMonks 2012 All Rights Reserved