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Conditions of Use |

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Welcome to our online store!
PatchMonkeys and its associates provide their services to you subject
to the following conditions. If you visit or shop within this website, you
accept these conditions. Please read them carefully.
PRIVACY
Please review our Privacy Policy,
which also governs your visit to our website.
ELECTRONIC COMMUNICATIONS
When you visit PatchMonkeys or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and software,
is the property of PatchMonkeys or its content suppliers and protected
by United States and international copyright laws. The compilation of all
content on this site is the exclusive property of PatchMonkeys, with
copyright authorship for this collection by PatchMonkeys, and protected by U.S.
and international copyright laws. The software application provider and author
for "osCommerce", is used under the GNU GENERAL PUBLIC LICENSE and
all original authorship and credit for osCommerce remains the intellectual
rights of www.oscommerce.com.
TRADEMARKS
PatchMonkeys's trademarks and trade dress may not be used in connection
with any product or service that is not PatchMonkeys's, in any manner that
is likely to cause confusion among customers, or in any manner that disparages
or discredits PatchMonkeys. All other trademarks not owned by PatchMonkeys or its subsidiaries that appear on this site are the property of their
respective owners, who may or may not be affiliated with, connected to, or
sponsored by PatchMonkeys or its subsidiaries.
LICENSE AND SITE ACCESS
PatchMonkeys grants you a limited license to access and make personal
use of this site and not to download (other than page caching) or modify it, or
any portion of it, except with express written consent of PatchMonkeys.
This license does not include any resale or commercial use of this site or its
contents: any collection and use of any product listings, descriptions, or
prices: any derivative use of this site or its contents: any downloading or
copying of account information for the benefit of another merchant: or any use
of data mining, robots, or similar data gathering and extraction tools. This
site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose without
express written consent of PatchMonkeys. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of PatchMonkeys and our associates without express written consent. You may not use any meta
tags or any other ":hidden text": utilizing PatchMonkeys's name
or trademarks without the express written consent of PatchMonkeys. Any
unauthorized use terminates the permission or license granted by PatchMonkeys. You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of PatchMonkeys so long as the link does not
portray PatchMonkeys, its associates, or their products or services in a
false, misleading, derogatory, or otherwise offensive matter. You may not use
any PatchMonkeys logo or other proprietary graphic or trademark as part
of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur
under your account or password. If you are under the age of 18, you may use our
website only with involvement of a parent or guardian. PatchMonkeys and
its associates reserve the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit
suggestions, ideas, comments, questions, or other information, so long as the
content is not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to third
parties or objectionable and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings,
or any form of ":spam.": You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of a
card or other content. PatchMonkeys reserves the right (but not the
obligation) to remove or edit such content, but does not regularly review posted
content.
If you do post content or submit material, and unless we indicate otherwise,
you grant PatchMonkeys and its associates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, and display
such content throughout the world in any media. You grant PatchMonkeys and
its associates and sublicensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that you
own or otherwise control all of the rights to the content that you post: that the
content is accurate: that use of the content you supply does not violate this
policy and will not cause injury to any person or entity: and that you will
indemnify PatchMonkeys or its associates for all claims resulting from content
you supply. PatchMonkeys has the right but not the obligation to monitor and
edit or remove any activity or content. PatchMonkeys takes no responsibility
and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from PatchMonkeys are made pursuant to a shipment
contract. This basically means that the risk of loss and title for such items
pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
PatchMonkeys and its associates attempt to be as accurate as possible.
However, PatchMonkeys does not warrant that product descriptions or other
content of this site is accurate, complete, reliable, current, or error-free. If
a product offered by PatchMonkeys itself is not as described, your sole
remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by PatchMonkeys on an "as is" and
"as available" basis. PatchMonkeys makes no representations or
warranties of any kind, express or implied, as to the operation of this site or
the information, content, materials, or products included on this site. You
expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, PatchMonkeys
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose. PatchMonkeys does not warrant that this site, its servers, or e-mail sent
from PatchMonkeys are free of viruses or other harmful components. PatchMonkeys will not be liable for any damages of any kind arising from the
use of this site, including, but not limited to direct, indirect, incidental,
punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the
exclusion or limitation of certain damages. if these laws apply to you, some or
all of the above disclaimers, exclusions, or limitations may not apply to you,
and you might have additional rights. All other limitations remain in full force
and effect.
APPLICABLE LAW
By visiting PatchMonkeys, you agree that the laws of the state of California, without regard to principles of conflict of laws, will
govern these Conditions of Use and any dispute of any sort that might arise
between you and PatchMonkeys or its associates.
DISPUTES
Any dispute relating in any way to your visit to PatchMonkeys or to
products you purchase through PatchMonkeys shall be submitted to
confidential arbitration in California, except that, to the extent
you have in any manner violated or threatened to violate PatchMonkeys's
intellectual property rights, PatchMonkeys may seek injunctive or other
appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such
courts. Arbitration under this agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrators award shall
be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving any other party
subject to this Agreement, whether through class arbitration proceedings or
otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on
this site. These policies also govern your visit to PatchMonkeys. We
reserve the right to make changes to our site, policies, and these Conditions of
Use at any time. If any of these conditions shall be deemed invalid, void, or
for any reason unenforceable, that condition shall be deemed severable and shall
not affect the validity and enforceability of any remaining condition.
QUESTIONS
Questions regarding our Conditions of Usage, Privacy Policy, or other policy
related material can be directed to our support staff by clicking on the "Contact Us" link. |
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