• monk

Terms And Conditions

Welcome to Monk!  Monk is platform that helps you build financial security by enabling you and your social circles to save, borrow and lend together.  Please read these Terms and Conditions (“Agreement” or “Terms”) carefully before using the Services provided. Monk is currently in private beta, so some features may not be functional and/or may not work exactly as planned. Please contact us at Monk@GetMonkApp.com with any questions regarding this Agreement.

Monk (“the App”) is owned by Monk App Corp. ("Monk App", “Monk,” “We,” “Our,” or, “the Company”).  This User Agreement ("Agreement") is a contract between you and Monk App Corp ("Company") and applies to your use of Company's services, including Monk Website and Monk App (the App and the Services are collectively referred to as “App/Services”).  If you do not agree with these terms and do not want to be bound by this Agreement, you will not be granted any rights under this Agreement and you may not use or access the Service. Signing up for Monk means you accept these terms:


Eligibility

You must be 18 years of age or older to be eligible to use Monk Website, Monk App or any of the Services. Any use of the Monk by anyone under 18 years of age is unauthorized and violates the Terms of Service. By using the App and/or the Services, you represent you are 18 years of age or older. You further agree to and to abide by the Terms of Service. In the event you violate any of the terms or conditions set forth in the Terms of Service, we may terminate your access to and use of the App and/or the Services, including, without limitation, deleting your information, content, any postings or listings you caused to be posted on the App.


Privacy

Our privacy policy explains your privacy rights regarding our collection, use, storage, sharing and protection of your personal information. It applies to the App/Services as well as and all related sites, applications, services and tools regardless of how you access or use them.


Electronic Communications

Using Monk App or sending emails to Monk constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email or the App, satisfy any legal requirement that such communications be in writing.


Your Account Ownership And License

If you use this App, 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. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Monk is not responsible for third party access to your account that results from theft or misappropriation of your account. Monk and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Monk does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Monk only with permission of a parent or guardian.

When using your account, you may post, list, and/or share the contents of your account, profile, and/or information (“Information”) using the app. We will not be responsible for any errors or omission in any information or content posted by a user. By submitting, posting, and/or sharing your Information on the App or by use of the App, you expressly agree to each of the terms below.

  1. When you post, list, and/or share any Information using the App and/or Services, Monk shall be granted a non-exclusive, transferable, sub-licensable, royalty-free, world license to use any Information you submit, post, or list on the App and/or Services from you. You agree that this license will not expire.
  2. Monk, at its sole discretion, may remove any Information that you share on the App for any reason. You may remove your Information you have posted on the App and/or Services. Your grant of license to the removed Information does not expire upon removal or deletion of your Information. Additionally, the deleted Information may be archived and/or otherwise preserved on our servers or in backup copies.
  3. Your Information may be accessed and reviewed by Monk at its sole discretion. Monk may, at its discretion, translate, reformat, edit, delete, or modify any of your Information. You are solely responsible for your Information you post on the App and/or Services. You agree that Monk may at its sole discretion review, delete, or remove without notice to you any of your Information that Monk determines to violate the Terms of Service.
  4. Your Information will be available to other users of our App and/or Services. Other users of our App and/or Services may access, use, store and transfer your Information.
  5. Each user who posts, lists, or shares any information on the App or by use of the App or Services is solely responsible of their respective Information.

Prohibited Uses

In addition to the each of the terms above, you agree that you will not:

  1. Access any aspect of the App, Content, or Information for any use other than the Permitted Use subject to the Terms of Service;
  2. register for more than one account, or register for an account on behalf of an individual other than yourself or on behalf of any group or entity;
  3. post, privately transmit, or otherwise make available content, or take any action on the App, that may constitute libel or slander or that infringes or violates someone else's rights or is protected by any copyright or trademark, or otherwise violates the law;
  4. Use or distribute any information from the App, Content, Information, or Services to directly or indirectly create or contribute to the development of any database or product;
  5. Modify, merge, decompile, disassemble, translate, decode or reverse engineer any aspect of the App, Content, or Information, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any aspect of the App, Content, Information, or Services;
  6. Use, reproduce, publish or compile any aspect of the App, Content, Information or Services for the purpose of selling or licensing or making publicly available any aspect of thereof;
  7. Upload, post or otherwise publish any aspect of the App, Content, Information or Services on, or provide access to any aspect of the same through, the Internet, any bulletin board system, any other electronic network, any data library, or any other data sharing arrangement;
  8. Upload, post, E-mail or otherwise transmit any aspect of the App, Content, Information or Services, or use any aspect of the same in a manner, that:
  • is unlawful, threatening, abusive, harmful, libelous, tortious, defamatory, false, misleading, obscene, vulgar, racially or ethnically offensive or otherwise objectionable;
  • infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party;
  • constitutes unlawful advertising or fraudulent, unfair or deceptive practices, "spam," or any other form of unlawful solicitation;
  • contains software viruses or any other computer code, files or programs that are designed to or have the capability to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of the App/Services or servers or networks connected thereto or the activities of other users of the App/Services or of any computer software or hardware or telecommunications equipment; or
  • you do not have a right to transmit under any law, contractual obligation (i.e., nondisclosure agreement) or fiduciary duty;
  1. Impersonate any person or entity, or falsely state or otherwise misrepresent any registration information, or otherwise disguise the origin of any information, data, text, software, photographs, images, graphics, or other content posted on or transmitted through the App or Services; and/or
  2. Use any aspect of the App, Content, Information, or Services to encourage or engage in illegal activity, stalk or harass another person, or violate these Terms of Service or any applicable local, state, national or international law, rule, regulation or ordinance, including, but not limited to, state and local real estate practice, spam or privacy laws.


Third Party Accounts

You will be able to connect your Monk account to third party accounts. By connecting your Monk account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.


International Users

The Service is controlled, operated and administered by Monk from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Monk Content accessed through Monk App in any country or in any manner prohibited by any applicable laws, restrictions or regulations.


Fees

You are responsible for the timely payment of any fees incurred by your use of the App, Services and all taxes applicable to your use of the App and/or Services.

WE RESERVE THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO PROSPECTIVELY CHANGE THE NATURE AND AMOUNT OF FEES CHARGED FOR ACCESS TO THE PRODUCT OR ANY OF THE COMPONENTS OR SERVICES AVAILABLE ON OR THROUGH THE PRODUCT, AND THE MANNER IN WHICH SUCH FEES ARE ASSESSED AND/OR COLLECTED.


Indemnification

You agree to indemnify, defend and hold harmless Monk, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the App or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Monk reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Monk in asserting any available defenses.


Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.


Assumption of Risk with Monk

Monk is a platform that helps you save and borrow money with people you trust. However, the group agreements, account statements, and other Monk reminders are informal and not legally binding contracts of any kind. We encourage you to take precautions when considering whether to use Monk, join groups, and particularly when trusting people, especially individuals you do not know. Using Monk involves the risk of loss of all of your principal contribution.

By participating in Monk, you hereby acknowledge and agree that:

  • Monk App Corp(Monk) makes no representation, warranty, covenant or guarantee that any funds withdrawn from a group will be repaid nor that any funds contributed will be removed or refunded;
  • Transactions made via the App are unsecured and bear a risk of non-repayment;
  • The amount of risk your account is exposed to at one time may change at a future time based on the borrowing and contributions of other group members;
  • Given your financial situation and objectives, you will add only those amounts on the App that you can afford to lose;
  • Transactions made through the App are private — between you and the other members of your group and are not available to the public, therefore, they cannot be considered as investments or financial instruments or securities;
  • Monk App Corp is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes, or any relations whatsoever between you and any other participant, person, or organization that uses Monk;
  • Monk App Corp does not investigate or verify the reputation, conduct, morality, or criminal background of any Monk participant. Further, you acknowledge and agree that you are solely responsible for your access and use of Monk; and,

Monk App Corp ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE WITHIN MONK. YOU ASSUME ALL RISKS ASSOCIATED WITH USING MONK.


Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.


Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MONK AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE APP AT ANY TIME.

MONK AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MONK AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MONK AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APP, WITH THE DELAY OR INABILITY TO USE THE APP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MONK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.


Termination/Access Restriction

Monk reserves the right, in its sole discretion, to terminate your access to the App and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the App. Use of the App is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Monk as a result of this agreement or use of the App. Monk's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Monk's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the App or information provided to or gathered by Monk with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Monk with respect to the App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Monk with respect to the App. A printed version of this agreement and of any notice given in electronic form 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. It is the express wish to the parties that this agreement and all related documents be written in English.


Changes to Terms

Monk reserves the right, in its sole discretion, to change the Terms under which Monk App is offered. The most current version of the Terms will supersede all previous versions. Monk encourages you to periodically review the Terms to stay informed of our updates.


Last Updated: May 4th, 2015