Last Updated: January 27, 2025
1. Definitions For the purposes of this agreement:
- "You" or "Your" refers to any individual or business entity accessing, using, or registering on the Monitor Marketplace directory.
- "We," "Us," or "Our" refers to Monitor Publishing, Inc., the owner and operator of the Monitor Marketplace directory.
- "Directory" refers to the online platform known as Monitor Marketplace, which hosts business listings and related services.
- "Content" refers to any information, text, graphics, images, videos, logos, trademarks, or other materials that are submitted, posted, or displayed by users or Monitor Publishing, Inc. on the Monitor Marketplace directory.
- "Sites and Account" refers to the business profile or listing page created by You on the Monitor Marketplace directory, including any associated content, settings, and functionality provided for managing and updating the business listing.
2. Introduction Welcome to Monitor Marketplace, the online business directory owned and operated by Monitor Publishing, Inc. By signing up and creating a business listing, you agree to the terms and conditions outlined below. Please read these terms carefully before proceeding.
3. Intellectual Property Rights
3.1. By submitting Content to the Monitor Marketplace directory, You grant Monitor Publishing, Inc. a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such Content.
3.2. You represent and warrant that:
- You own or have obtained all necessary licenses, rights, consents, and permissions for any Content you submit
- Your Content does not infringe upon any third party's intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights
- You have the right and authority to grant the license described above
3.3. Monitor Publishing, Inc. retains all rights, title, and interest in and to the Monitor Marketplace directory, including all associated intellectual property rights.
4. Copyright Infringement and DMCA Compliance
4.1. Monitor Publishing, Inc. respects intellectual property rights and expects users to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA").
4.2. If you believe your work has been copied in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the following information:
- A physical or electronic signature of the copyright owner or authorized agent
- Identification of the copyrighted work claimed to have been infringed
- Identification of the infringing material and its location on our services
- Your contact information (address, telephone number, and email)
- A statement of your good faith belief that the disputed use is not authorized
- A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf
4.3. Counter-Notice Procedures: If you believe your Content was wrongly removed due to a mistake or misidentification, you may send our Copyright Agent a counter-notice containing:
- Your physical or electronic signature
- Identification of the removed Content and its original location
- A statement under penalty of perjury that you have a good faith belief the Content was removed by mistake or misidentification
- Your consent to jurisdiction of the federal court in your area
- Your contact information
5. Available Packages
- Free Package: Provides basic features at no cost.
- Paid Packages: Four premium packages offering additional features and enhanced visibility. Details and pricing are available on our website.
6. Subscription and Automatic Renewal
- By purchasing a paid package, you agree to a recurring subscription.
- Your paid subscription will automatically renew at the end of the selected period.
- The payment for the renewal will be charged to the credit card provided unless canceled before the renewal date.
7. Cancellation Policy
- You can cancel your subscription at any time via your account dashboard.
- Cancellation must be completed before the renewal date to avoid charges.
- Upon cancellation, your listing will revert to the Free Package.
8. Refund Policy
- Payments for completed subscription periods are non-refundable.
- Cancelled subscriptions retain access until the end of the paid term.
9. Content Moderation and Removal Rights
9.1. Monitor Publishing, Inc. reserves the right to:
- Remove or refuse to display any Content for any reason without notice
- Monitor, screen, edit, or remove Content at our sole discretion
- Take any action regarding user Content that we deem necessary or appropriate
- Disable accounts containing prohibited Content
- Cooperate with law enforcement authorities or court orders directing us to disclose user information
9.2. We maintain sole discretion in determining whether Content violates these Terms of Service.
10. User Engagement Features Monitor Marketplace offers various engagement features including:
- User reviews and experiences
- Star ratings and medals
- "Favorite" or "Top Pick" designations
- Special badges such as "Verified Choice"
11. Prohibited Activities
You agree not to:
- Create fake or misleading business profiles
- Post false, inaccurate, or misleading Content
- Harass, abuse, or harm other users
- Infringe upon any third party's intellectual property rights
- Use the directory for any unlawful purpose
- Attempt to gain unauthorized access to other user accounts
- Interfere with the proper operation of the directory
12. Indemnification
You agree to defend, indemnify, and hold harmless Monitor Publishing, Inc., its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising from:
- Your access to or use of the Monitor Marketplace directory
- Your violation of these Terms of Service
- Your violation of any third-party right
- Any Content you submit to the directory
13. Limitation of Liability
13.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MONITOR PUBLISHING, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to or use of or inability to access or use the directory
- Any conduct or Content of any third party
- Any Content obtained from the directory
- Unauthorized access, use, or alteration of your transmissions or Content
13.2. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID US IN THE PAST TWELVE MONTHS.
14. Dispute Resolution
14.1. Any dispute arising from these Terms shall be resolved through binding arbitration, conducted by a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
14.2. The arbitration shall:
- Take place in jurisdiction
- Be conducted in English
- Result in a final and binding decision
- Be subject to enforcement in any court with jurisdiction
14.3. CLASS ACTION WAIVER: You agree that any proceedings to resolve disputes will be conducted solely on an individual basis. You waive any right to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
15. Force Majeure
Monitor Publishing, Inc. shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to:
- Acts of God
- War or terrorism
- Pandemic or public health emergency
- Changes in law or regulations
- Failures of third-party service providers
- Natural disasters
- Labor disputes
16. Changes to Terms
16.1. Monitor Publishing, Inc. reserves the right to modify these Terms at any time. 16.2. Users will be notified of material changes via email or through the directory. 16.3. Continued use of the directory after changes constitutes acceptance of modified Terms.
17. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
18. Contact Information For questions about these Terms, please contact us at Ten adres pocztowy jest chroniony przed spamowaniem. Aby go zobaczyć, konieczne jest włączenie w przeglądarce obsługi JavaScript. or (773) 205-0303.
19. Governing Law These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions.
By using Monitor Marketplace, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Monitor Marketplace A service of Monitor Publishing, Inc.
1701 Woodfield Rd Suite 920
Schaumburg, IL 60173
e-mail: Ten adres pocztowy jest chroniony przed spamowaniem. Aby go zobaczyć, konieczne jest włączenie w przeglądarce obsługi JavaScript.
tel.: (773) 205-0303
fax (708) 667-0384