This website is operated by SimpleBlue LLC /dba Copper Monkey (Copper Monkey). Throughout the site, the terms "we", "us" and "our" refer to Copper Monkey.
Please read these Terms carefully before accessing or using CopperMonkey.com (the "Site"). By accessing or using any part of the Site, you agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (the "Terms").
These Terms apply to all visitors, users and others who access or use the Site, including any content, functionality, communication channels, software, platforms, services, or products offered on or through it (the "Platform"), including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
If you do not agree to all the terms and conditions of this agreement, then you may not access the Site, interact with the Platform in any way, nor use or purchase any products or services offered therein ("Services").
Any new features or tools which are added to the Site will be incorporated in the Platform and shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
We reserve the right to refuse service to anyone for any reason or no reason, at our sole discretion, at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Platform, use of the Platform, or access to the Platform or any contact on the Site through which the Platform is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
All personal information Copper Monkey collects on the Platform is subject to the Privacy Policy posted on the Site, which is incorporated as part of these Terms by reference. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
The Site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, graphics, product design, product images, and product descriptions. No portion of the materials on the Site pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Copper Monkey. You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, or create derivative works with respect to the Site or any Products available therein.
Certain content may be licensed from third parties and all such third-party content and all intellectual property rights related to the content belong to the respective third parties. The names, logos and taglines that identify any Copper Monkey Products or Services are proprietary marks of Copper Monkey. All other trademarks and service marks reproduced in the Site, which are not the property of, or licensed to the operator, are the property of their respective owners and are acknowledged on the website.
If you believe your intellectual property rights have been infringed upon, please notify us through the procedure found on our DMCA page.
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Platform or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Platform or any related website for violating any of the prohibited uses.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Site.
You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Platform, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services and access to the Platform.
To access portions of the Platform or to register for or use the Services, you may be required to provide registration details, personal information, or other information ("Information"). You may also be asked to provide Information when completing a survey, submitting an information or support request, or otherwise interacting with features on the Platform.
You agree to provide Copper Monkey with true, accurate, current, and complete information about yourself and your company when such information is requested by Copper Monkey. Your use of the Platform and Services and participation in these features is conditioned on the provision of such information.
All Information you provide for account registration, to complete a transaction through the Platform, or otherwise is governed by our Privacy Policy. You consent to all actions Copper Monkey takes with respect to your Information, consistent with our Privacy Policy.
You are responsible for maintaining the confidentiality and security of your account username and password ("Credentials"). You are responsible for all uses of your account and Credentials, regardless of whether authorized by you.
User accounts are non-transferable, and all users are obliged to take appropriate measures to prohibit unauthorized users from accessing the Platform using their Credentials. You agree to notify Copper Monkey of any unauthorized access to or use of your account or breach of your Credentials. Copper Monkey reserves the right to disable or suspend your Credentials at any time for any or no reason and at its sole discretion, including if Copper Monkey determines, in its opinion, you have violated any provision of the Terms.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on or through the Platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Prices for the Platform and any Services offered thereon are subject to change without notice.
We reserve the right at any time to modify or discontinue the Platform, (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
Our Platform may contain links to third-party web sites or services that are not owned or controlled by Copper Monkey. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s).
Copper Monkey has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Copper Monkey shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Platform or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
Occasionally there may be information on our Site or in the Platform that contains typographical errors, inaccuracies or omissions that may relate to Services descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Platform or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Platform or on any related website, should be taken to indicate that all information in the Platform or on any related website has been modified or updated.
We are not responsible if information made available on the Site is not accurate, complete, or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Site is at your own risk.
The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
We do not guarantee, represent, or warrant that your use of our Platform will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Platform will be accurate or reliable.
You agree that from time to time we may remove the Platform for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Platform is at your sole risk. The service and all Products and Services delivered to you through the Platform are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall SimpleBlue LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless SimpleBlue LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Platform (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on the Site or in respect to the Platform constitutes the entire agreement and understanding between you and us and govern your use of the Platform, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
These Terms shall be governed and construed in accordance with the laws of Wyoming, United States, without regard to its conflict of law provisions.
You agree and affirm that you will be bound for jurisdiction and venue purposes to the laws of the State of Wyoming and that any claim against SimpleBlue LLC shall be filed in the Circuit Court of Sheridan County, Wyoming without giving effect to any principles of conflicts of laws. All disputes arising under or related to these Terms and/or your use of any Service shall be resolved exclusively through mandatory arbitration rather than by court proceedings. Such arbitration shall be held in Sheridan, Wyoming. No party to this Agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained in this section shall prevent us from obtaining an injunction against any act, omission or anticipated act or omission on your part.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Site or the Platform following the posting of any changes to these Terms constitutes acceptance of those changes.
Questions about the Terms should be sent to us at info@coppermonkey.com.