Terms of Service
Product Delivery Insurance Services
Acceptable Use Policy
The Acceptable Use Policy covers all shipments made from BedaBox LLC D/B/A ShipMonk and its affiliates (collectively “ShipMonk”) warehouse(s) or on ShipMonk shipping accounts whether through a user’s own web site, the ShipMonk’s MonkProtect application, any online marketplace, or any other forum.
MonkProtect reserves the right to take preventative or corrective actions to protect itself and its users at any time. Any user violating this policy voids any implied or express warranties and violates the MonkProtect Terms. Violating this policy may also result in temporary or permanent limitation of a user’s Account, a held Account, termination of an account with 30 days’ notice, or immediate termination. This includes the inability to ship merchandise, to remove financial information from an account, and for users to close their Accounts as a way of evading the policy. Additionally, users whose Accounts are permanently limited for violating this policy are barred from future use of MonkProtect and its services, and such users are not permitted to directly or indirectly open new or additional MonkProtect Accounts on behalf of themselves or others. Please note, additional information on held Accounts and termination is provided in the Support section of this site. If you encounter violations of this policy, please report them to MonkProtect immediately.
MonkProtect Intellectual Property Rights
MonkProtect Property. For purposes of this Agreement, “MonkProtect Property” shall mean (a) MonkProtect’s methodology for the provision of the Services; and (b) MonkProtect’s Confidential Information. MonkProtect hereby retains all worldwide right, title and interest in and to the MonkProtect Property. Any rights not expressly granted herein to the MonkProtect Property shall be retained by MonkProtect. User acknowledges that all right, title and interest to the MonkProtect Property is owned by MonkProtect.
Additional Restrictions. Other than as permitted herein, User shall not (and shall not permit others), directly or indirectly, to modify, to translate, to decompile, to disassemble, or to reverse engineer any part of the MonkProtect Property, or otherwise to attempt to discern the functioning or operation of the website or the Services; or to copy, to rent, to lease, to distribute, or to otherwise transfer any of the rights User receives hereunder. For clarity, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of MonkProtect and User shall not copy, imitate, or use them without MonkProtect’s express prior written consent. User may use HTML logos provided by MonkProtect through Services, auction tools features or affiliate programs without prior written consent solely for the purpose of directing web traffic to MonkProtect.com. User shall not alter, modify or change such HTML logos in any way, use them in a manner that is disparaging or otherwise adverse to MonkProtect or the Services, or display them in any manner that implies MonkProtect’s sponsorship or endorsement. User shall not (and shall not permit others to): (i) use any robot, spider, scraper or other automated means to access MonkProtect’s website or Services for any purpose without MonkProtect’s express written permission, (ii) interfere or attempt to interfere with the proper working of MonkProtect’s website or any activities conducted on the website, or (iii) bypass any measures MonkProtect may use to prevent or restrict access to MonkProtect’s website or the Services.
User Property. No Confidential Information obtained by MonkProtect from User shall become MonkProtect Property. All materials provided by User shall be deemed “Client Property” for purposes of this Agreement. User grants MonkProtect a non-exclusive license to the Client Property solely as needed to provide the Services.
Data Security. The Services are currently provided from the United States. Registration Information, Account data, information and other data (“Data”) is currently stored and processed in the United States. MonkProtect has implemented and will maintain appropriate physical, electronic, and managerial procedures intended to protect against the loss, misuse, unauthorized access, alteration or disclosure. These measures include encryption of Data during transmission of the Service and encryption of backups of Data and authentication credentials at rest. MonkProtect will use commercially reasonable efforts to promptly notify User of any unauthorized Account access to, or use of, Data that comes to MonkProtect’s attention. User agrees to immediately notify MonkProtect of any suspected security breach at info@MonkProtect.com, followed by contacting MonkProtect customer support.
Third Party Software. Any third party software application User uses on the MonkProtect website, to connect to the Services, or related to the Services (“Third Party Software”) is solely subject to any third party software provider software licenses. MonkProtect does not own, control or have any responsibility or liability for any Third Party Software.
As Is. MonkProtect’s obligations under this agreement and the attached Exhibits (including the use of MonkProtect’s technology) are provided on an “as is” and “as available” basis. MonkProtect expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement for the services, MonkProtect’s website and any third-party services. the use of services, MonkProtect website, or third party services is at User’s risk.
No Continuous Access. MonkProtect does not guarantee continuous, uninterrupted or secure access to the Service. Operation of the Services may be interfered with by numerous factors outside of MonkProtect’s control. However, MonkProtect will make reasonable efforts to process requests for Delivery Protection services or Automated Claims Portal services in a timely manner but MonkProtect makes no representations or warranties regarding the amount of time needed to complete processing because the Service is dependent upon many factors outside of its control.
Limitation on MonkProtect Liability
NO LIABILITY FOR CONSEQUENTIAL OR INDIRECT DAMAGES THIRD PARTY LIABILITY. EXCEPT FOR LIABILITY FOR INDEMNIFICATION AND LIABILITY FOR BREACH OF CONFIDENTIALITY, NEITHER MONKPROTECT NOR ITS REPRESENTATIVES IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, OR DAMAGES FOR LOSS, LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY USER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY MonkProtect/ OR COULD HAVE BEEN REASONABLY FORESEEN BY MonkProtect, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. OTHER THAN AS SET FORTH BELOW, IN NO EVENT SHALL MONKPROTECT’S LIABILITY UNDER THIS AGREEMENT EXCEED THE MONIES PAID OR PAYABLE BY USER TO MONKPROTECT EXCLUDING CARRIER FEES OR OTHER THIRD PARTY FEES (“DAMAGES CAP”). MonkProtect MUST BE NOTIFIED WITHIN FIVE (5) DAYS AFTER ANY UNAUTHORIZED TRANSACTION OR USER WAIVE ALL DAMAGES FROM MONKPROTECT.
EXCLUSIVE REMEDY. THE PROVISIONS OF THIS AGREEMENT PROVIDE USER’S EXCLUSIVE REMEDY AGAINST MONKPROTECT FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER RELATING TO LOSS, DAMAGE AND/OR DESTRUCTION OF INVENTORY AND SHALL APPLY TO ALL CLAIMS INCLUDING INVENTORY SHORTAGE AND MYSTERIOUS DISAPPEARANCE CLAIMS UNLESS PROVEN BY AFFIRMATIVE EVIDENCE THAT MONKPROTECT CONVERTED THE INVENTORY TO ITS OWN USE. USER HEREBY WAIVES ANY RIGHTS TO RELY UPON ANY PRESUMPTION OF CONVERSION IMPOSED BY LAW.