TERMS OF SERVICE

- Agreement to these Terms

THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND FREDTHEMONKEY.COM (REFERRED TO HEREIN AS "FREDTHEMONKEY”, “FREDTHEMONKEY.COM”, "WE," "US," “ADMINISTRATOR,” OR "OUR") RELATING TO YOUR ACCESS AND/OR USE OF THIS WEBSITE AND OUR FAMILY OF SITES. READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE.

YOU MUST FOLLOW THE TERMS OF THIS AGREEMENT, WHICH INCLUDES ANY RESTRICTIONS OR GUIDELINES POSTED ON THE WEBSITE. Your access or use of this website constitutes your agreement to be bound to the terms of this Agreement, including any changes that may exist when you re-access our website. If you do not agree with the terms of this Agreement and our posted restrictions or guidelines, do not use this site. Discontinuing use of this site shall not modify any terms that apply to prior uses on the site.

- Agreement to Changes or Updates

We reserve the right to make changes and update any information or Content contained on this website and/or the terms of this Agreement without prior notice. Any changes in our terms of usage will be incorporated into a revised Agreement that we will post on this website. All visitors have the obligation to review changes to this Agreement. Unless otherwise specified, such changes shall be effective when they are posted, as well as take effect as if they were posted from the original date of creation of this agreement.

- Website Ownership

This website, the logos, images, text, tools, graphics, marks, names, photographs, sound, illustrations, design elements, materials, code and software (collectively "Content") displayed or posted on this website, are all copyright FredtheMonkey.com 2006. Any content not copyright FredtheMonkey.com is copyright of the original owners. Copyrights, trademarks, trade names, service marks or names, or other proprietary rights and laws protect this Content.

- Agreement Violations and Termination

Any conduct that in any way violates this Agreement or any posted restrictions or guidelines may result, in our sole discretion, in the termination of visitor site participation and/or our pursuit of any legal damages or remedies. If necessary, or as authorized under applicable law, we may cooperate with local, state and/or federal authorities to protect our website, the Content, FredtheMonkey.com, its parents, Affiliates, Licensors and/or visitors; to comply with applicable laws; or to prevent unauthorized access or use of this website or Content.

We retain the right to deny access to our website, in our sole discretion, to any visitor for any reason, including for any violation of the Terms of Use.

- Website Participation

Site offerings may request that you provide us with certain personal information such as your name and email address. Visitors are responsible for providing us with accurate and current information.

Any communication which you post to any path, directory, extension subdirectory, subdomain and/or any other portion of the Site or transmit to the Administrator or to the Site by e-mail or other medium can be used by the Administrator on a royalty-free, perpetual, irrevocable, nonexclusive license with the right to reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.

As a user of the Site, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive hateful, or embarrassing to another user of the Site or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.

We do not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of the Site or endorse any opinions expressed by users of the Site. You acknowledge that any reliance on material posted by other users of the Site will be at your own risk.

We do not screen communications in advance and are not responsible for screening or monitoring material posted by users of the Site. If notified by a user of communications which allegedly do not conform to this agreement, the Administrator may investigate the allegation and determine in good faith at his sole discretion whether to remove or request the removal of the communication. The Administrator has no liability or responsibility to users of the Site for performance or nonperformance of such activities. The Administrator reserves the right to expel users of the Site and prevent their further access to the Site for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.

- Restrictions on Use of Content

Use of Content for any purpose not expressly permitted in this Agreement is prohibited. Visitors may not copy, download, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, store, re-use, adapt, incorporate or create a derivative work of, in any manner, any Content obtained from this site other than as provided herein. Visitors may print or download the Content from this site only for personal and non-commercial use, provided that the visitor does not republish or redistribute the Content and keeps intact all Content, including any copyright, trademarks, service marks or other proprietary notices and credit lines that appear with or on the site Content when copying or downloading. Any use, copying, downloading, reproduction or redistribution for commercial purposes is strictly prohibited.

Visitors expressly agree not to engage in any activity that:

• may alter or damage Content;

• interrupts, destroys or limits the functionality or integrity of any computer software, hardware or Content on this website;

• infringes on any trademark, trade name, service mark or name, copyright, trade secret, or other proprietary right of any Content;

• advertises Content as your own or solicits other visitors with Content;

• is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortuous,defamatory, vulgar, obscene,

• libelous, invasive of another's privacy, hateful, or otherwise objectionable; or

• that otherwise violates FredtheMonkey.com policies or the terms of this Agreement.

FredtheMonkey.com, its parents and Affiliates reserve any rights to pursue any causes of action, including, but not limited to, infringement actions or damages resulting from failure to comply with these Content restrictions and/or this Agreement.

- Prohibitions on Framing and/or Posting

Visitors are prohibited from (i) framing any portion of the FredtheMonkey family of Sites; (ii) posting banners, advertising or other links on our FredtheMonkey

Site pages; or (iii) using any Content or site logos for purposes beyond personal use, without the express written permission of FredtheMonkey.com. Written requests for framing, site postings or Content usage should be sent to

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- Electronic Communications

When communicating to us electronically through our website or via email, visitors shall not mask their identity by using a false name, information, email or another person's name or email. Any personal information electronically transmitted to us will be protected in accordance with the policies decided upon at time of recieving.

We assume no obligation to limit the use of or to protect any non-personal information from disclosure. The submission of non-personal information to us shall in no way prevent the disclosure, use, purchase or manufacture of similar ideas, plans, services, products or the like by JKR Sites, FredtheMonkey.com, its parents or Affiliates for any purpose; and we shall be free to reproduce, use, disclose and distribute such information to others without liability or restriction.

- DISCLAIMER OF WARRANTIES

FredtheMonkey.com uses reasonable efforts to ensure the accuracy and correctness of

Content appearing on this website and the operation of the site; however, we make no representations or warranties regarding the Content's or website's accuracy, validity, correctness, timeliness, reliability or that usage of the website or Content will be error-free. THIS WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS." WE DO NOT WARRANT, EXPRESSLY OR BY IMPLICATION, THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED OR POSTED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTORY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT FOUND ON THIS WEBSITE IS FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL ATTRIBUTES

- LIMITATION OF LIABILITY

NEITHER THE FREDTHEMONKEY FAMILY OF SITES, NOR FREDTHEMONKEY.COM, ITS PARENTS, AFFILIATES, MEMBERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR OR THIRD PARTY, FOR ANY LOSS, HARM OR DAMAGE THAT RESULTS OR OCCURS FROM: (I) USE OF OR ACCESS TO THIS WEBSITE OR

CONTENT POSTED ON THIS SITE; (II) ANY FAILURE OR INTERRUPTION OF THIS SITE; (III) ANY ACT OR OMISSION OF ANY SERVICE PROVIDER OR AGENT INVOLVED IN MAKING THIS SITE OR THE CONTENT AVAILABLE TO VISITORS; (IV) ANY OTHER CAUSE RELATING TO A VISITOR'S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR CONTENT; (V) ANY CONTENT, MATERIALS, ADVICE OR OPINIONS POSTED OR UPLOADED ON THIS SITE, INCLUDING ANY VISITOR RELIANCE ON SUCH INFORMATION; (VI) ANY SECURITY BREACH, OR ANY VIRUS, BUG, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, ERROR, INACCURACY, DEFECT OR TECHNICAL MALFUNCTIONS; OR (VII) ANY VISITOR'S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF FREDTHEMONKEY.COM, AFFILIATES OR AGENTS PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL FREDTHEMONKEY.COM, ITS PARENTS, AFFILIATES, MEMBERS, EMPLOYEES, VOLUNTEERS OR AGENTS BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF FREDTHEMONKEY.COM, ITS PARENTS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.

- Leaving Our Website

Please be advised that once you leave our website, your use of the

Internet will be governed by the terms of usage and privacy policies, if any, of the particular website that you are accessing. FREDTHEMONKEY.COM, ITS PARENTS, AFFILIATES, MEMBERS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OFFERINGS, PRIVACY PRACTICES OR TERMS OF USAGE OF OTHER WEBSITES.

- INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FREDTHEMONKEY.COM, ITS PARENTS, AFFILIATES, MEMBERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL CLAIMS,

LOSSES, EXPENSES, DAMAGES, COSTS AND FEES, INCLUDING REASONABLE ATTORNEYS

FEES, RESULTING FROM YOUR VIOLATION OR BREACH OF THE TERMS OF THIS AGREEMENT, YOUR UNAUTHORIZED ACCESS OR USE OF CONTENT AND/OR ANY UNINTENDED CONSEQUENCES ARISING OUT OF YOUR ACCESS OR USE OF THIS WEBSITE OR SITE CONTENT.

- Affiliates and Partners

Certain website features, promotions, activities or information may be made available, sponsored or promoted by Affiliates, partners or sponsors.

Site information may not be updated on a daily basis and may not be the most current information available.

- Third Party Links

Our website may contain links to other sites or resources on the Internet that are controlled by third parties. These links are provided solely as a convenience to our visitors and do not constitute an endorsement, recommendation or certification by FredtheMonkey.com, its parents or Affiliates of any third party site, resources, content, products or services. Any concerns regarding external links or websites should be directed to the respective website operator. You acknowledge and agree that:

• Any information posted by our website regarding third party offers are for information purposes only;

• All third party postings on our website have been provided by a third party operator/provider and we do not warrant its accuracy or completeness;

• All visitor transactions with third parties are solely between the visitor and the third party;

• All third party posted discounts, promotions or special offers are subject to the restrictions and limitations of the respective third party;

• FredtheMonkey.com does not make any representations or warranties

regarding, and is not liable for, the quality, availability or timeliness of goods, services or offers provided by a third party provider, and you undertake all transactions with these providers at your own risk.

FredtheMonkey.com reserves the right, in its sole discretion, to terminate links with any third parties or other websites.

- Advice and Opinions

Our website may contain facts, views, opinions and statements of FredtheMonkey.com, Affiliates or independent third parties. We do not represent or endorse the accuracy or reliability of any advice, opinions, statements or other information displayed or distributed through our website. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk.

- Copyright Information and Infringement

The Copyright for this site and the FredtheMonkey family of Sites are held by JKR. All rights reserved.

If you believe in good faith that Content or other information appearing on this website infringes on your copyright, you (or your agent) may send us a notice in accordance with the current requirements provided in the Digital Millennium Copyright Act (DMCA). Notices should be sent to:

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- Choice of Law and Forum

This website is originated and located in the United States , and this

Agreement shall be governed by and construed in accordance with the laws applicable to contracts made and wholly performed therein, excluding its conflicts of law provisions. Visitors who choose to access this website from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable laws and regulations. Any dispute arising out of or relating to this Agreement or your access or use of this website will be subject to the exclusive jurisdiction of the courts located within the state of the choosing of FredtheMonkey.com, and you hereby submit to the personal jurisdiction of such courts.

- Agreement Validity

If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect.

- Full Understanding