By continuing, you agree to the terms of use policy of this site and its services.

Data Monkey TERMS OF USE Data Monkey provides this internet web site and the services offered on it (collectively, the “Services”) under the following terms and conditions of service and use (the “Terms”). Please read them carefully. You understand, agree and acknowledge that your use and the Services provided to you are exclusively governed by these Terms which cannot be modified by you. By accessing and using the Services, you agree that you have read and understand the Terms and that you agree to be bound by them, without limitation or qualification and that no signatures are required to implement the Terms. As used on this Web site, the terms “we”, “us”, or “our” refer to Data Monkey. “You” refers to all users of the web site. “Sellers” refers to users who list their properties for sale on the web site. I. TERMINATION You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. You agree that we may terminate your account if it remains inactive for an extended period of time. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You may discontinue your participation in and access to the Services at any time. II. DISCLAIMER OF WARRANTIES YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (C) THE ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (D) DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (E) THE Data Monkey WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. III. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Data Monkey OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES). Terms of Use and Privacy Policy PLEASE READ THE TERMS OF USE PRIOR TO REGISTERING FOR THE USE OF THE SERVICE. BY DOING SO YOU AGREE TO BE BOUND BY THE TERMS OF AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE YOU SHOULD NOT SUBSCRIBE TO OUR SERVICES AT DATA MONKEY.COM AND DATA MONKEY, LTD. THIS IS NOT A SOLICITATION FOR A LISTING BROKER IF YOUR PROPERTY IS ALREADY LISTED WITH A BROKER. DATA MONKEY.com and its suppliers and 3rd party vendors, offer services to you, now known as the “user” and will be further referred to as the “user”, conditioned on your agreement to adhere to the following terms of use, without modification of any kind. The user (you), by registration with DATA MONKEY.com and acceptance of these terms and conditions, constitute your agreement to the terms of use. These terms of use and Conditions are subject to change at anytime, without any prior notice given. The notice is received when the change is made and posted to the site. As used in these terms of use: “DATA MONKEY” the brokerage firm Data Monkey, Ltd., DATA MONKEY.com is also registered as a domain as DATA MONKEY.com “Documents” mean documents or records “MLS” means multiple listing services “We”, “our”, “us” refer to DATA MONKEY.com or DATA MONKEY.net, DATA MONKEY, LTD. “Site” means this website “User” means you the seller or buyer 1. We are a licenced brokerage firm, we are an advertising site. DATA MONKEY.com or DATA MONKEY, LTD may refer real estate professionals to users, DATA MONKEY.com does engage in real estate broker services. Real estate broker activities may be performed by referred local real estate professionals that are referred to you by DATA MONKEY.com or DATA MONKEY, LTD. The terms of any agreement between the user and the real estate professional are not known to or endorsed, or recommended by DATA MONKEY.com or DATA MONKEY, LTD. DATA MONKEY may receive a fee for a real estate professional to be a member or affiliate of our site. DATA MONKEY.com or DATA MONKEY, LTD payment is due based on an agreement between DATA MONKEY.com or DATA MONKEY, LTD and the real estate professional through the affiliate member agreement. Your registration with DATA MONKEY.com services constitutes your acknowledgement of and agreement to the compensation arrangement. DATA MONKEY.com or DATA MONKEY, LTD does not represent the seller or the buyer and has no obligation to that effect to either party. 2. DATA MONKEY, LTD or DATA MONKEY.com may post coupons, certificates or special promotions through the site, mail or other advertisement avenues, these offers may have limitations and are used for incentive to use DATA MONKEY.com services within a particular time frame. These promotions or certificates or gift certificates or gift cards are available to only the users who use the service and are a registered user. User eligibility will be defined within the terms of each promotion. Not all users may be eligible to receive all promotional opportunities. We do not discriminate against any of the public based on information given. Most promotions with exclusion to use of the sight are usually provided by DATA MONKEY.com or DATA MONKEY, LTD. DATA MONKEY.com or DATA MONKEY, LTD does not endorse nor guarantee any promotions offered by its member affiliates. All Affiliate members have agreed to abide by all governing laws. 3. All calculators are provided for use as an estimate but are not deemed accurate or reliable. They only provide an estimate. The user agrees to input accurate information to get the answer. 4. Searches for homes listed on other sites through DATA MONKEY.com: the user agrees and acknowledges that DATA MONKEY.com and DATA MONKEY, LTD have no control over accurate or inaccurate information, and the user acknowledges that the third party websites may have their own terms of use that the user may have to agree to, including but not limited to MLS feeds, 3rd party supplier feeds, etc. DATA MONKEY.com or DATA MONKEY, LTD cannot be liable or responsible once the user leaves the DATA MONKEY.com site. 5. DATA MONKEY.com or DATA MONKEY, LTD or any of its 3rd party vendors or suppliers, do not guarantee a sale of any property listed on its sight 6. Fair Housing and State and Federal Regulations IMPORTANT - BEFORE POSTING ADS ON OUR SITE PLEASE INFORM YOURSELF ABOUT THE RULES AND REGULATIONS ON EQUAL HOUSING OPPORTUNITIES AND THE FAIR HOUSING ACT. DATA MONKEY.com supports Equal Housing Opportunity and we encourage users of our site to follow appropriate guidelines to comply with both the Federal Housing Act, as well as any applicable state and local regulations. Federal Laws prohibit discrimination based on: • Race • Color • Religion • National Origin • Handicap/Disability • Familial Status • Sex The Civil Rights Act of 1866 prohibits all racial discrimination in the sale or rental of property. Americans with Disabilities Act Title III of the Americans with Disabilities Act prohibits discrimination against persons with disabilities in places of public accommodations and commercial facilities. State and local laws often provide broader coverage and prohibit discrimination based on additional classes such as age, marital status or sexual orientation not covered by federal law. Please inform yourself about the Fair Housing Laws applicable in your state. For more information on Equal Housing Opportunities and Fair Housing Please go to http://www.hud.gov/offices/fheo/index.cfm Your Responsibility as a Seller As a home seller or landlord, you are obligated not to discriminate in the sale, rental or financing of your property on the basis of race, color, religion, sex, disability, familial status or national origin. Also, you cannot do so through your licensed broker or salesperson, who is also bound by anti-discrimination laws. You may not set any discriminatory terms or conditions in a purchase contract or a lease. Additionally, you may not deny that housing is available or advertise a property's availability only to persons of a certain race, color, religion, sex, disability, familial status or national origin. Real Estate Agents have to follow the same rules Real Estate agents, mortgage brokers and loan officers in a real estate transaction may not discriminate on the basis of race, color, religion, sex, disability, familial status or national origin. Equally as important, they may not follow such instructions from a home seller or landlord. Home Buyers Rights As a home buyer, you have the right to expect that housing will be available to you without discrimination or other limitations based on race, color, religion, sex, handicap, familial status, or national origin. 7. Seller as user agreement. We do not guarantee the information about the home that the seller input is accurate. All buyers should verify all measurements and information given by the seller. It is the seller’s obligation to input true and accurate information. The seller as user agrees to provide true and accurate information. To assure value of DATA MONKEY.com and DATA MONKEY, LTD services and the 3rd party vendors or supplier’s value, you agree that the information you have provided and input into the site, whether online or otherwise, is accurate and complete. You also authorize DATA MONKEY.com or DATA MONKEY, LTD to share, forward or transfer information provided by you (user) to its 3rd party vendors, suppliers, affiliates or other listing internet sites. Sellers and Buyers or Users of our site agree not to : • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download Content or any other form of data from the Service • Attempt to gain unauthorized access to DATA MONKEY.com’s computer systems or networks to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service. • Use the Service to "stalk", abuse, or otherwise harass others • Contact anyone who has asked not to be contacted • Delete or revise any material posted by any other user • Impersonate a person or entity or misrepresent your affiliation with another person or entity • Leave inaccurate, false, or misleading feedback about a person or entity • Post an ad if you are not located in the US • Post an Ad that serves no other purpose than to send traffic to another web site • Post an Ad that defames anyone or contains "hate speech" • Post a multi-level marketing scheme • Post pornography, nudity or other material that is obscene or adult in nature or harmful to minors • Solicitation of other users, except by placing an ad, including through use of DATA MONKEY.com’s email • Infringing the rights of third parties. This includes, but is not limited to, infringing on intellectual property rights such as copyright and trademark • Discriminatory or offensive behavior and the usage of profanity or patently vulgar language • Encourage others to break the law Sellers and Buyers or Users of our site agree to: As a condition to using certain Services you may be required to register with DATA MONKEY.com and provide your true and correct information. You may be required to select a password and provide other identifiable information, this is considered to be a part of registration. During registration and subsequent updates to your registration information, you agree to: • Provide DATA MONKEY.com with accurate, complete and updated information • Be responsible for maintaining your password and user registration confidentiality • Not select information for use of another persons identification or to impersonate • Not try to brake codes of users and their passwords or use anothers name without prior authorization 8. Buyers and Sellers as users: DATA MONKEY.com allows users to search for property, post properties for sale, buy products to enhance the listing and offers separate 3rd party vendor services that add value to the user. Users (whether a home seller or a home buyer) agree to supply DATA MONKEY.com accurate information about themselves and the property they want to sell or buy. DATA MONKEY.com does not guarantee qualified buyers, or approve buyers for purchasing property. Also, DATA MONKEY.com will use the information provided by a buyer or seller for purposes of providing certain details on a non-anonymous basis to the 3rd party vendors or suppliers or affiliate members. DATA MONKEY.com and DATA MONKEY, LTD, uses email on an exclusive basis, all users of DATA MONKEY.com must consent to receive email from DATA MONKEY.com and its 3rd party vendors or suppliers and/or affiliate members, to register for DATA MONKEY.com services. DATA MONKEY.com or DATA MONKEY, LTD does not sell or give or transfer information provided by the user to any company or person that is not a 3rd party vendor or supplier or affiliate member (such as Home Warranty Company, title companies, real estate agent, appraiser, etc.) of DATA MONKEY.com 9. We are not in control of the 3rd party vendor services; we offer them as services but are not liable for any acts of the 3rd party vendors. 10. MLS services are provided by DATA MONKEY.com. DATA MONKEY.com or DATA MONKEY LLC is a Real Estate brokerage firm. BY LAW COMMISSIONS ARE NEGOTIABLE AND ARE NOT FIXED BY ANY STATE OR FEDERAL LAW. 11. A Refferal may be made if your property is not in the state of Colordo. Data Monkey is a licensed brokerage firm only in the state of Colorado and will refer any out of state properties to a licensed professional in the state the property is located. All MLS services are handled by a licensed Real Estate Broker in your state and county that is an independent contractor. All Real Estate brokers must follow the rules and office policies of their brokerage firm. All MLS listings require a buyer’s agency commission if a real estate broker assists you in finding and bringing the buyer and that buyer buys your property. It is the responsibility for the seller to complete all necessary paperwork with their assigned real estate broker. Please consult your broker about the paperwork necessary to be entered into the MLS. There is no refund of MLS once a listing is taken and you have signed the listing agreement and the property is placed in the MLS. Again, this fee in non-refundable. MLS may not be available in every state or in every county in which the user lives. DATA MONKEY gives its best efforts to make services available and to keep its site up to date with services that are available. It is the user’s responsibility to be aware of their own state laws regarding MLS entry only and signage. 12. Signage: Not all states or home owner associations allow a for sale by owner sign in the sellers yard once they have listed in the MLS and listed with a professional real estate agent or broker. It is the user’s responsibility to check with their state laws governing signs and also their homeowner association. We have a strict DATA MONKEY Sign or NO SIGN policy. DUE TO FINES THAT COULD BE PLACED UPON THE SELLER OR DATA MONKEY BY THE MLS. If a “for sale by owner” sign is placed in the yard of the seller and it is not a DATA MONKEY sign, the MLS could restrict the sellers property from being listed in the MLS for up to one year. 13. Onsite appraisals is a service that is paid to a licensed Appraiser, the appraiser service is considered an 3rd party vendor . The terms of any agreement between the user and the professional appraisal services are not known to or endorsed, by DATA MONKEY.com or DATA MONKEY, LTD. DATA MONKEY may receive a fee for a professional to be a member or affiliate of our site for advertising purposes only. Payment is due based on an agreement between the 3rd party vendor and the user. Your registration with DATA MONKEY.com services constitutes your acknowledgement of and agreement to the compensation arrangement. DATA MONKEY, LTD or DATA MONKEY.com does not guarantee nor can be liable for any work provided by or comparables, value or suggestions provided by the licensed professional to the user. Comparables given to the user does not constitute a full appraisal; the comparables given are not intended to be nor should be relied upon as an appraisal. DATA MONKEY, LTD and DATA MONKEY.com highly recommend that the seller consult with a licensed appraisal professional before contemplating the sale of their home. 14. DATA MONKEY.COM and DATA MONKEY, LTD always recommends that either user, whether buyer or seller, consult an attorney for advice. DATA MONKEY’s information provided in the site does not guarantee results, nor does it represent any type of advice. The site is only provides suggestions to the end user, whether buyer or seller. It is not to replace the advice of an attorney. 15. Electronic Documents: We may deliver documents for our services or any 3rd party service through electronic delivery. The following consent authorizes us to provide to you in electronic form or to any of our third party vendors, forms that are filled out on our site and sent electronically to you or our 3rd party vendors. This authorizes us and our third party vendors or affiliate’s to send documents related to the sale, purchase, disclosures, financing, appraisal, valuation, marketing and advertising your real estate property, documents related to warranties, MLS listings, and any documents related to this site, electronically. We do not send any paper documents. We will not send you information by mail unless we so determine in our own sole discretion it are desirable to do so. 16. Special Offers and Announcements: We may send our members a welcome email or a notification to verify password and username, or to send an email for a forgotten username or password. Active members and former members may occasionally receive information on new products, services, special deals, updates and reminder emails. 17. Contacting us: you may contact us via email at management@DATA MONKEY.com if you have questions regarding the terms of use or you feel we have not adhered to this policy. We will do our best to determine any problem regarding the site and respond in a timely manner. 18. Updating your information: You may update your information by logging onto our site. This will allow you to update your contact information, passwords, any information to contact you via email, and change your banking or any information in your profile. 19. User whether buyer or seller acknowledges featured vendors and suppliers of services such as but not limited to Title companies, Home Warranties, Stagers, Appraisers, Real Estate agents, are not employees of DATA MONKEY.com or DATA MONKEY, LTD. The user agrees that DATA MONKEY.com and DATA MONKEY, LTD is not responsible or liable for any acts or omissions created or performed by these third parties. DATA MONKEY.com or DATA MONKEY, LTD’s web site may contain links to web sites maintained by the suppliers or 3rd party vendors, such links are provided for your convenience and reference only. DATA MONKEY.com or DATA MONKEY, LTD does not control or operate in any respect any information, software, products, or services available on such web sites. Providing the link does not imply any endorsement of services, its contents, the site itself, or its sponsoring organizations. 20. Sales tax will be charged accordingly and calculated by State, Local and Governing law. 21. Privacy Policy- DATA MONKEY.com has Established a Privacy Policy to explain to users how their information is collected.DATA MONKEY.com or DATA MONKEY,LLC does not sell your information, however we do have to share your information with 3rd party vendors. DATA MONKEY.com takes every precaution to protect our users and members sensitive information; both online and offline. Your sensitive information is password protected for your privacy and security. DATA MONKEY.com uses the best encryption software in the industry: SSL. Our employees are kept up to date on our security practices and changes in any of those practices. We store information on a secure server that is kept off site and in a secure environment. DATA MONKEY.com and DATA MONKEY, LTD, in its sole discretion, preserve or disclose your content as well as your information, such as email address contact, IP address, timestamps, and other user information if required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with: legal processes, enforce these terms, respond to any claims, respond to any claims against a 3rd party, respond to any claims that the information provided by a user is incorrect or has been posted without consent of the actual owner, has been transmitted as a form of harassment, to protect the personal safety of DATA MONKEY.com’s users or general public. For more information or questions about security, email us at webmaster@DATA MONKEY.com 22. We sometimes link to 3rd party products and services. We can not control the quality of service, we do not endorse those services, and we do not take responsibility for the services or products provided. We are not responsible for other sites privacy policies or security. When you use a link on our site that takes you to another site, please read that sites security and privacy policies. 23. Satisfaction not guaranteed. Due to low cost and monthly charges for most of our products, the services are sold as tools to sell your home. We do not guarantee the sale of your home. We do not prorate our services. If you have entered using any promotion the promotion will end at midnight the last day of the promotion. At 12:01 A.M. you will be charged for 1 month of service if you have not cancelled the service promotion. Your credit card, bank check card will be charged for 1 full month of services from that date to the next months date. For example: you enter your promotion of 14 day free trial on January 1st, 2007, your 14 day subscription shall end on the 14th day of January at midnight 12:00, at 12:01 on the 15th if you have not cancelled your subscription you will be charged for one month, month being until the next month on February 15, 2007. No pro-rations. So then your subscription will run from the 15th to the 15th of the month every month. It is your responsibility to update your subscription and either change you’re listing to sold or withdrawn. Sold properties may remain on our site with no charge to you at DATA MONKEY .com’s discretion. 24. Refunds: Do to the low cost of the services provided to user, the refund policy is as follows: 1. MLS unless you the user notify us 24 hours prior to any meeting with an affiliate Real estate agent/broker the MLS services are not refundable. The only option for you is to cancel your service through the withdraw or sold button located in your property profile and in your profile under “make changes to my listing.” There are no pro-rations all fees are monthly fees. 2. Signs and Sign Kits: Unless damaged in shipping there are no refunds on signs. In the event that a sign kit or a sign comes damaged you can send a photo via email of the box and the sign damage within 7 days from receipt, we will ship a replacement sign or directional, whichever was purchased and damaged, to you within 14 days. All content of our boxes are wrapped and secured and any damage shall be determined upon our discretion. 3. Any 3rd party vendor purchases shall be refunded by the vendors own refund policy. DATA MONKEY does not control or negotiate the refund of any 3rd party services or products purchased such as home warranties, any printed products such as brochures and post cards, mailings, appraisals, staging, MLS, any advertisers or any other services that are provided by but not limited to our 3rd party vendors. 4. Any website services that do not function for more than a 24 hour period and due to our fault, that are not an act of nature or war, or a outside source not to our fault, the service shall be refundable. The refund request may be sent to our refund department at Refunds@DATA MONKEY.com. The request shall be reviewed and DATA MONKEY.com shall process the refund in a timely manner once approved. The approval is at our own discretion and shall be reviewed by the manager of our refund department. 5. If using a promotion or14 day free trial is non refundable. It is FREE. It is the user’s responsibility to cancel their subscription during the 14 day trial so that they are not charged for any usage after the 14 day period. If there is a dispute on cancellation please contact us at Refunds@DATA MONKEY.com. Your dispute will be reviewed and at DATA MONKEY.com sole discretion shall determine the refund status. In the event that the refund department manager approves the refund, the refund will be posted in a timely manner. 6. Approved refunds: refunds that are approved shall be charged back to the same credit card that the service was purchased. It is the user’s responsibility to keep up to date information in the user’s profile. In the event the services were purchased with an electronic check, a check from DATA MONKEY LLC shall be sent via mail within 14 days of approval to the address posted in the user’s profile. 25. No Warranty. ALL PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE UNTIL ORDERS ARE PLACED. There is no warranty of services provided. DATA MONKEY.com or DATA MONKEY, LTD provides the service “as is” with all faults and “as available” and the entire risk as to the satisfactory quality, performance, accuracy and effort is with the user (you). We do not guarantee that the site is up 100% of the time, DATA MONKEY.com or DATA MONKEY, LTD gives no warranties, representations, conditions either express or implied to the full extent permitted by applicable law. DATA MONKEY.com or DATA MONKEY, LTD and its suppliers expressly disclaim any and all warranties or conditions, express, statutory and implied including without limitation: 1. Warranties or conditions of merchantability, fitness for a particular purpose, workman like effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non- infringement. 2. Warranties or conditions arising through course of dealing or usage of trade, and 3. Warranties or conditions of uninterrupted or error-free access or use. 26. LIMITATIONS, LIABILITY: EXCLUSIVE REMEDY: IN NO EVENT WILL DATA MONKEY.COM OR DATA MONKEY, LTD OR ANY OF ITS 3RD PARTY VENDORS, SUPPLIERS ARE LIABLE FOR ANY DAMAGES. INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR BASED UPON OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THESE SERVICES, EVEN IF THE USER (YOU) HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY POTENTIAL DAMAGES. THE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM: 1. BREACH OF CONTRACT 2. BREACH OF WARRANTY 3. NEGLIGENCE OR ANY OTHER CAUSE OF ACTION TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE TO THE TERMS OF USE OR ANY PART OF THE TERMS OF USE OR YOU HAVE A DISPUTE WITH DATA MONKEY.COM OR DATA MONKEY, LTD OR HAVE A CLAIM AGAINST DATA MONKEY.COM OR DATA MONKEY, LTD OR ITS 3RD PARTY VENDORS OR SUPPLIERS WITH RESPECT TO THESE TERMS OF USE, YOUR SOLE AND ONLY REMEDY IS TO DISCONTINUE THE USE OF THE SERVICES. YOU AGREE THAT DATA MONKEY.COM, DATA MONKEY,LLC SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS, AS THE RESULT OF THE PRESENCE OF SUCH PARTNERS, ADVERTISERS OR SPONSORS ON OR THROUGH THE USEAGE OF THIS WEBSITE SERVICE. IN THE EVENT OF A DISPUTE, YOU RELEASE DATA MONKEY.COM, ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM CLAIMS, DAMAGES AND DEMANDS OF EVERY KIND, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND OUR SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." 27. Indemnity: You agree to defend, indemnify and hold DATA MONKEY.com or DATA MONKEY, LTD and the suppliers and 3rd party vendors of DATA MONKEY.com or DATA MONKEY, LTD. harmless from any and all liabilities, cost and expenses including reasonable attorneys fees related to violation of this agreement by you or users of your account or in connection with the use of the services or site at DATA MONKEY.com or the internet or the placement or transmission of any message, information, software, calculators, or any other material on DATA MONKEY.com or on the internet by you or users of your account. 28. Trademarks: DATA MONKEY.com or DATA MONKEY, LTD and other names or logos and icons identifying DATA MONKEY.com or DATA MONKEY LLC, or its suppliers or 3rd party vendors are trademarks or registered trademarks and service marks of DATA MONKEY.com or DATA MONKEY, LTD or its suppliers or 3rd party vendors and are not to be duplicated or copied or used for any other purpose without the direct permissions given by the respective owners. You may not post, distributed, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use. 29. Rules: You the user may not post , transmit, or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability or otherwise use DATA MONKEY.com in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying DATA MONKEY.com or the internet post or transmit any information or software which contains a virus, time bomb, cancel bot, Trojan horse, worm or other harmful or disruptive component upload, post , publish transmit, reproduce, or distribute in any way information , software, or any other material obtained through DATA MONKEY.com which is protected by copyright or other intellectual property rights or derivative works with respect hereto, without obtaining permissions of the copyright by the rightful owner or right holder. You (the user) agree not to use the services to upload and submit content that is harmful, threatening, defamatory, abusive, hateful, racist, sexist, ethnically, obscene, libelous, invasive of another’s privacy or otherwise objectionable or any content that you do not have the right to transmit under any state or federal law or that infringes upon the rights of a third party and you agree not to create any surveys, games, interactional material or any other material unless you strict permissions from the principles of the company DATA MONKEY.com and DATA MONKEY, LTD. By completing your registration with DATA MONKEY.com as a potential home seller or home buyer, you agree and have acknowledged that: a. You are of legal age and are otherwise capable of forming a legal contract that is legally binding. b. You are interested in selling/buying a property located in the USA c. You do not have or are bound by an exclusive contract by any real estate professional and that you have no obligations or any other arrangement with any Real Estate Professional. d. You agree to be contacted by email by DATA MONKEY.com and/ or its 3rd party vendors e. DATA MONKEY.com and DATA MONKEY, LTD recommends that you use all appropriate government, public, or consumer agencies to verify professional licenses where applicable, and verify the background of the professional. DATA MONKEY.com and DATA MONKEY, LTD does not make any representations and or warranties about any professional that is a member or 3rd party vendor or supplier. 30. NO SPAM: We do not condone or allow SPAM. We prohibit you from using our site to promote your own website, product, business or property through sending unauthorized and unsolicited email. We reserve all rights to investigate any violation or suspected violation of these terms of use and may terminate you’re your rights to subscription or usage of our site without refund if found in violation of these terms of use. 31. Termination: DATA MONKEY.com or DATA MONKEY, LTD, reserves the right to terminate or cancel the membership services of any user at any time for any reason, including a user’s breach of theses Terms of Use, or the terms and conditions of any service for which the user may have registered for and purchased. A User may cancel membership or cancel the listing at any time for any reason by simply clicking the withdraw my property button, sold button or by delivering a written notice to DATA MONKEY LLC, P.O Box 635, Littleton, Co 80160. The user is solely responsible for notification of cancellation and insuring notice to DATA MONKEY.com or DATA MONKEY, LTD. 32. All Rights Reserved. 33. DATA MONKEY, LTD or DATA MONKEY.com is not responsible for errors or delays due to incorrect information provided or incorrect email addresses or other technical problems beyond our control. 34. Dispute resolution: Any claim or controversy arising out of or relating to the use of the DATA MONKEY.com web site or DATA MONKEY, LTD or DATA MONKEY .com’s services or service providers, or any acts or omissions for which you contend DATA MONKEY, LTD or DATA MONKEY.com is liable, not limited to any claim or dispute or controversy shall be finally and exclusively settled by arbitration in Littleton, Colorado. The arbitration shall be held by one arbitrator under the rules of the AAA (American Arbitration Association). All rules including selection of arbitration shall be followed by the parties under the AAA rules and guidelines. The parties shall each pay their due share of the cost of the arbitrator and the remaining cost if any shall be paid by the non-prevailing party. To begin arbitration the party must make a written demand and shall send the written demand by return receipted / certified mail to the other party, or by verifiable email to management. The arbitrator shall not have the power to award damages and shall not multiply actual damages or award consequential, punitive, or exemplary damages and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinders or consolidation of arbitration under this agreement with arbitration of deputes or claims of any non-party, regardless of the nature of the issues or disputes involved. 35. This agreement provides that all disputes between you and DATA MONKEY, LTD or DATA MONKEY.com will be resolved by binding arbitration. You thus give up your right to go to court to assert or defend your rights. You also give up your right to participate in or bring a class action. Your rights will be determined by neutral arbitrators and NOT a judge or a jury. 36. Payment methods: To purchase products on our site will be through various methods. DATA MONKEY.com or DATA MONKEY, LTD will accept Visa, Master Card, Discover, American Express and PayPal. Complete information including but not limited to; billing address, telephone numbers and actual address must be provided to process payments. Services are not rendered until payment is processed and posted and the bank certifies receipt of funds. DATA MONKEY.com or DATA MONKEY, LTD may charge $35.00 or maximum allowable fees by law, whichever is less, for returned checks unpaid for insufficient funds or any other reason the check is not sufficient. The user is expected to pay on time for services rendered or products purchased. DATA MONKEY.com or DATA MONKEY, LTD may terminate the listing or service provided for non payment, the user shall pay any outstanding balance upon request. A 1.5% fee may be applied for any account balance that is not paid over 30 days. All fees and services are quoted in US dollars. In the event the user does not pay any unpaid balance the user shall pay the cost of collection, including legal fees charged to DATA MONKEY.com or DATA MONKEY, LTD. 37. Modification of services: DATA MONKEY.com or DATA MONKEY, LTD reserves the right to modify or discontinue any service or a portion or attribute thereof or the offering of any information, goods, content, and product or service with or without notice to any user. The user, whether home seller or home buyer, with continued use of the service provided agree to any amended terms of use and agree to be bound by any such changes. DATA MONKEY.com or DATA MONKEY, LTD reserves the right to change any pricing for any services offered. Any users that have signed up for a monthly service shall be grandfathered in by the price they signed up for. No changes will be made unless there is a lapse in the service requiring the user to reenter the information and start over. In the event that a seller withdraws a property and then reenters it later, the user/seller will be obligated under the new terms and pricing. 38. Services Terms: Services vary due to 3rd party and supplier and affiliate members and the availability of the services in your state. All services may not be at the same cost in every state. Prices may vary according to the state the user lives or by county in the state that the user lives. All homes listed on the DATA MONKEY.com site shall remain until the user/seller discontinues the service either by withdrawing the property or posting the home as sold on the DATA MONKEY.com user’s site, or by sending written notification via mail to DATA MONKEY, LTD P.O Box 635, Littleton, Co 80160. 39. Republishing Listings from the Service Any person or entity may not extract content from DATA MONKEY.com for the purpose to build their own data base of listings unless DATA MONKEY.com is in agreement with the person or entity for soley advertising DATA MONKEY.com’s listing. The distributor may not modify or alter text, links, titles, price etc of the content delivered by DATA MONKEY.com PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF COLORADO OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF COLORADO FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS. |
View in New Window

Enter your full name to agree to and continue:     *