Terms of Use

Agreement between "Client" (user) and Sour Lemon Digital LLC (DBA Monicur)

The Terms of Service (TOS) herein, along with Sour Lemon Digital LLC (DBA Monicur) Privacy Policy, explain the Terms and Conditions for use of Monicur's web applications and offerings, including, but not limited to; Monicur - Journey, Monicur - Event, Monicur - Lead, and Monicur - Link.

To use some of the applications provided by Monicur, you will need to supply Third parties with Monicur ID numbers and, or, emails (see Privacy Policy).

1. Registration to Monicur and Profile Security. To register for a Monicur Profile, you must be at least 16 years of age, have not been previously removed from the service for non-compliance issues, and comply with all laws and regulations - both state and federal - that apply to the services provided.

A) When registering for a profile, you will be asked to provide some personal information that may include email, phone number, username and password. You agree that the information you use to obtain an account and maintain a Monicur Profile will be truthful and accurate to the best of your knowledge at the time of account creation and at the time of Profile updates; whether self-initiated or promoted by Monicur through periodic surveys.

B) You are responsible for your profile and maintaining the secrecy of your password and registration information. If you feel that your profile has been compromised, contact us immediately at [email protected].

2. Service-specific Requirements. Agreement of these TOS includes the specific requirements outlined for specific services.

A) Monicur Journey. TOS will be agreed to by administrators of Institutions. Payment of invoices by Institutions will represent approval of the TOS. Members with a Monicur profile authorize Monicur to periodically generate reports that may include my information to provide clients with: 1) validated professional contact information; 2) historical and current professional career information, and 3) professional directory information for clients and approved Third Parties with whom information has been shared directly by the user through use of Monicur applications.

B) Monicur Event. TOS will be agreed to by Event organizer and be considered an "individual" entity. Payment of invoices by Event organizer represents approval of the TOS. Sharing of user information is allowed to third party members with whom information has been shared directly by the user through use of Monicur applications.

C) Monicur Lead. By use of the Lead application, the user hereby authorizes Monicur to provide my directory information to parties and related subsidiaries with whom I've directly shared my Monicur Profile and/or Monicur ID number.

D) Monicur Link. By use of the Link application, the user hereby authorizes Monicur to provide my directory information to parties and related subsidiaries with whom I've directly shared my Monicur Profile and/or Monicur ID number.

3.Third Party Partners. The use of Monicur will require the sharing of profile information with Clients and other Third Parties with whom you've shared your information.

A) Sharing Information With Third Parties. To use some of the Services, professional directory information may be shared with Third Parties with whom you have directly shared information by your use of Monicur services and applications. You agree that Monicur may collect, store, and transfer such information on your behalf when conducting business. You agree that your decision to make available any sensitive or confidential information is your sole responsibility and at your sole risk. Monicur has no control and makes no representations as to the use or disclosure of professional directory information provided by you to third parties. You agree that these third parties are not under Monicur's control, and that Monicur is not responsible for any third party's use of your information.

B) Monicur Does Not Endorse Third Parties. Third Parties that you have given access to your Directory information through use of Monicur services and applications are not endorsed by Monicur. You acknowledge and agree that Monicur is not responsible for use of information provided by you to Third Parties through use of Monicur's services and applications.

4. Prohibited Conduct. By accepting these TOS, you agree not to:

A) Use the Services and applciations in violation of any state, federal, national, or international laws.

B) Provide fraudulent information in profiles or surveys.

C) Sell or transfer access to your account or profile to a third person or entity.

5. User Content and Property. Services and platforms provided by Monicur are protected by applicable copyright and other property laws.

A) Clients approve of the limited use of names, trademarks and logos (provided to Monicur upon request) for use in Monicur's Marketing material, solely for the purpose of identifying the Client as a user of the Monicur's Product(s).

B) If you believe that your content has been used in a way that constitutes copyright infringement, you may contact:

Monicur
2208 Arizona Ave,
Iowa City, IA 52240
Phone: 319-432-4276
Email: [email protected]

6. Indemnification. You hereby agree to indemnify, defend and hold harmless Monicur from and against any and all liability and costs (including legal and related fees) incurred by Monicur in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. Monicur reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle my matter without the written consent of Monicur.

7. Termination. Violation these Terms, will result in the access to these Services being terminated. You may terminate your account at any time by contacting Customer Service at [email protected]. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but Monicur may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through use of the Services.

9. Disclaimers and Warranties. EXCEPT AS EXPRESSLY SET FORTH HEREIN, MONICUR SERVICES (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NONINFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MONICUR MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY MONICUR. MONICUR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE, BUT WILL BE CORRECTED AS CAPABLE, MONICUR WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN THE SITE FREE OF VIRUSES, WORMS, TROJAN HORSES, AND ACTIVE X MALICIOUS CODE.

10. Limited Liability. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL MONICUR, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR MONICUR, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT .ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR FEE-BASED SERVICES, EVEN IF MONICUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF MONICUR IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SITE. YOU HEREBY RELEASE MONICUR AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

11. Governing. These TOS are governed by the laws of the State of Iowa. Subject to Section 12, which provides that disputes are to be resolved through binding arbitration to the extent that any lawsuit or court proceeding is permitted hereunder, you and Monicur agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Johnson County, Iowa, for the purpose of litigating all such disputes.

12. Dispute Resolution. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of [Iowa] or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. An award of arbitration may be confirmed in a court of competent jurisdiction

13. Change in Services. Monicur has the right to modify these Terms of Service and any policies affecting the Website.

A) Individuals (non-paying): Any modification is effective as of 60 days following the posting to the Website for individual users. Your continued use of the Website following notice of any modification to these Terms of Service shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Monicur in providing the Website, including without limitation

B) Clients: Any modification of TOS will be negotiated and agreed to prior to implementation. Monicur reserves the right to initiate change of TOS negotiations at any time during the paid service term with 60 day notice.

14. General. These Terms of Service constitute the entire agreement between you and Monicur with respect to the Services and supersede all prior agreements between you and Monicur with respect to the Services. Failure by Monicur to enforce any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Please do not suggest or encourage illegal activity. Monicur will cooperate with legal and law enforcement officials as appropriate. Interpretation and enforcement of these Terms of Service shall be governed by the laws of the state of Iowa. You consent irrevocably to personal jurisdiction in the federal and state courts of Iowa for any action arising out of or relating to your use of Monicur Services. The federal and state courts of Iowa shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and nontaxable, and reasonable attorney's fees. In the event that any portion of these Terms of Service is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.