Agreement

This Agreement ("Agreement") is by and between DeedMonkey, Inc. ("DeedMonkey ") a Colorado Corporation and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of DeedMonkey forms and services (“Services”) and explains DeedMonkey’s obligations to You and Your obligations to DeedMonkey in relation to the Services You purchase.

This Agreement as well as any additional DeedMonkey policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and DeedMonkey concerning Your use of DeedMonkey’s Services, and supersede and govern all prior proposals, agreements, or other communications. All DeedMonkey policies and agreements specific to particular Service are incorporated herein and made part of this Agreement by reference. By purchasing DeedMonkey’s Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which DeedMonkey may establish from time to time. You may view the latest version of this Agreement online.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with DeedMonkey, whether or not the transactions were in Your behalf.

1. TERM OF AGREEMENT; MODIFICATIONS.
You agree that DeedMonkey may modify this Agreement and the Services from time to time. You agree to be bound by any changes DeedMonkey may reasonably make to this Agreement when such changes are made. If You have purchased Services from DeedMonkey, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. In the event You terminate Your usage, DeedMonkey will not refund any amounts You have paid. You agree that DeedMonkey shall not be bound by any representations made by third parties, and that any statement of a general nature, which may be posted on DeedMonkey’s Web site, contained in DeedMonkey ’s promotional materials or any statement on any other web site will not bind DeedMonkey. DeedMonkey may, at times, offer certain promotions with different charges and features.

2. PRIVACY.
You can view DeedMonkey ’s Privacy Policy here, which is incorporated herein by reference, as it is applicable to all DeedMonkey Services. The Privacy Policy provides Your rights and Company’s responsibilities with regard to Your personal information. Company will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

3. ACCOUNT SECURITY.
You agree You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify DeedMonkey immediately of any unauthorized use of Your account or any other breach of security. You agree DeedMonkey will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. You further agree You could be held liable for losses incurred by DeedMonkey or another party due to someone else using Your account or password. For security purposes, You should keep account access information in a secure location and take precautions to prevent others from gaining access to Your user name and password. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. DeedMonkey specifically disclaims liability for any activity in Your account, whether authorized by You or not.

4. NO UNLAWFUL CONDUCT OR IMPROPER USE.

As a condition of Your use of DeedMonkey ’s Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to DeedMonkey if, for any reason, DeedMonkey takes corrective action with respect to Your improper or illegal use of its Services.

DeedMonkey reserves the right at all times to disclose any information as DeedMonkey deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DeedMonkey's sole discretion.

If You have purchased Services, DeedMonkey has no obligation to monitor Your use of the Services. DeedMonkey reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. DeedMonkey reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever.

5. NO LEGAL ADVICE PROVIDED.

The purpose of this Site is to give the visitor a general understanding of the law, not to provide specific advice. While a great deal of care has been taken to provide accurate and current information, the ideas, general principles and conclusions presented at this site may differ depending on local, state and federal laws and regulations and court cases. Because the law constantly changes and varies from jurisdiction to jurisdiction, and is subject to varying interpretations, the reader is urged to consult professional legal counsel in his or her state regarding the applicability any points of law discussed at this Site to any specific problem. This web site should not be used as a substitute for competent legal advice from an attorney.

DeedMonkey offers no legal advice, recommendations or counseling under any circumstance. DeedMonkey is not a law firm, and the employees of DeedMonkey are not acting as your attorney. DeedMonkey.com is merely a forms website with links to various public sources regarding the procedure for recording deeds in various locals. DeedMonkey makes no representations or warranties regarding the accuracy of any information. It is Your responsibility to make sure Your documents are properly recorded in the proper records and that the proper fees are paid to the proper parties.

DeedMonkey’s forms will, at times, use the answers you provide to automatically populate that same information into another section of the form. Our automatic population of DeedMonkey forms is limited solely to completeness, spelling, grammar, convenience as well as internal consistency of names, addresses and the like. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide advice or apply the law to the facts of your particular situation. It is your responsibility to type the proper name into the proper blank in the forms. At any time you can type in different information other than the information that is automatically populated into the form. This Site is not intended to create an attorney-client relationship, and by using DeedMonkey, no attorney-client relationship will be created with DeedMonkey. You are totally and solely responsible for your own selections and actions. You are totally responsible for entering the correct information in the DeedMonkey forms. If You have any questions about what information goes where in any form, you should consult an attorney. Real estate deeds are technical documents and can be very difficult to properly draft. There is nothing simple about a real estate deed. A mistake in deed drafting can create a cloud on title resulting in substantial, financial damage.

6. INTELLECTUAL PROPERTY AND LIMITATIONS ON USE OF FORMS.

You agree that DeedMonkey or its licensor holds all rights, title and interest in all Services and all intellectual property, including other rights related to tangible and intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services.

You agree that you have purchased the right to use the DeedMonkey form(s) for one use, by one person for one property, only. Use of the form for multiple properties or multiple people is prohibited. Each such use requires a separate purchase. While DeedMonkey forms can be copied to your computer, this is for convenience, only, in order to allow You to save the form and make minor alterations after editing. Further use of the forms after the expiration of Your subscription is prohibited. Sharing of the forms with other people is prohibited.

You understand and agree that all content and materials contained in this Agreement, other policies, the DeedMonkey web site, and any affiliated web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that DeedMonkey or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of DeedMonkey or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.

7. DISCLAIMERS

THIS SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND DEEDMONKEY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. DEEDMONKEY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.

8. LIMITATION OF LIABILITY

A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SITE, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. "COVERED PARTY" MEANS DEEDMONKEY, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SHAREHOLDER, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGN OF DEEDMONKEY, AND ITS AFFILIATES.

9. PAY BY PAYPAL

By using DeedMonkey ’s pay by PayPal, Inc. (“PayPal”) option (“Pay by PayPal”), You can purchase DeedMonkey Services using PayPal. In consideration for the Services purchased by You and provided to You by DeedMonkey , You agree to allow PayPal to debit the full amount of this transaction from Your PayPal account balance or the Preferred Funding Source You established with PayPal, which is non-refundable.

It is Your responsibility to keep Your PayPal Account current, and to have available funds in it. You agree that PayPal and DeedMonkey will not be responsible for payments that fail to go through as a result of Your Funding Source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, You agree that PayPal and DeedMonkey may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, You will pay a service charge of $20.00 or the maximum amount allowed by law, which may be debited from Your account by PayPal or charged to Your Preferred Funding Source.

By clicking the box labeled “I agree” to the terms of the Pay by PayPal terms, You authorize the information provided to be used for the creation of an electronic funds transfer (EFT), and You authorize a debit of THE FULL AMOUNT of Your order from Your PayPal Account or Preferred Funding Source.

10. REPRESENTATIONS AND WARRANTIES.

You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.

11. LIMITATION OF LIABILITY.

IN NO EVENT SHALL DeedMonkey BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF DeedMonkey HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, DeedMonkey ’s liability is limited to the full extent permitted by law. You agree that in no event shall DeedMonkey ’s maximum aggregate liability exceed the total amount paid by You for the particular Service in dispute purchased from DeedMonkey .

12. INDEMNIFICATION.

You agree to defend, indemnify and hold harmless DeedMonkey and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with DeedMonkey whether or not on Your behalf, and whether or not with Your permission) use of the Services You purchased from DeedMonkey or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold DeedMonkey harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You. This indemnification is in addition to any indemnification required of You elsewhere. Should DeedMonkey be notified of a pending law suit, or receive notice of the filing of a law suit, DeedMonkey may seek a written confirmation from You concerning Your obligation to indemnify DeedMonkey . Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that DeedMonkey shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify DeedMonkey of any such claim promptly in writing and to allow DeedMonkey to control the proceedings. You agree to cooperate fully with DeedMonkey during such proceedings.

13. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.

This agreement shall be deemed entered into in the State of Colorado. You agree that the laws and judicial decisions of Jefferson County, Colorado, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Jefferson County, Colorado.

You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.

14. HEADINGS.

The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.

15. ENTIRE AGREEMENT.

You agree that this Agreement including any policies and agreements it refers to constitute the complete and only Agreement between You and DeedMonkey regarding the Services contemplated herein.

16. SEVERABILITY.

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

17. WAIVER.

The failure of DeedMonkey to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of DeedMonkey thereafter to enforce such provisions.

18. FORCE MAJEURE.

DeedMonkey will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold DeedMonkey liable for any of the consequences of such interruptions.

19. SURVIVAL.

The terms of this Agreement shall survive any termination or cancellation of this Agreement.

20. NO THIRD PARTY BENEFICIARIES.

Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.