Terms and Conditions

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The following are the terms and conditions (the "Terms") for the use of the Monem Inc® web site (the "Site"), Monem Inc® Services, and related material.

1. General
   With each visit to the Site you signify your agreement to these Terms.

These Terms were last modified on June 01, 2023.

Monem Inc. and its suppliers own the Monem Inc® trade name, brand and trademark and websites. Hereafter, Monem Inc® means Monem Inc.

Monem Inc® Material is defined as any intellectual property, legal materials, documents, web pages, software, products, web links, email, information, or any other materials provided by or previously provided by Monem Inc® or the Site, including any portion thereof. Monem Inc® Services is defined as any Monem Inc® service.

If you do not wish to be bound by these Terms, you are not granted authority to use or access the Site or Monem Inc® Material.

1. Use of Monem Inc® Material and Monem Inc® Services
    

A. Generally
You agree not to use any Monem Inc® Material and Monem Inc® Services for any purpose which is against any law in your jurisdiction or for any purpose which would not give full effect to the Terms even if that purpose is otherwise allowed under the Terms.

Final Document is defined as the finished legal document for legal document products or other document created through the use of a Monem Inc® product. You are granted a License when you enter into a free trial, have a subscription or pay for access to a product.

Any paid or Free Trial License granted is subject to the Terms and entitles you to: 
 

1. use Final Documents of the products as specified by the Terms only.

2. make five electronic copies of each Final Document for your personal use.

3. make necessary mechanical copies (e.g. printed or photocopied) of the Final Documents for your personal records and as required for completion of the specific transactions for which the Final Documents are intended.

You may end a License in the manner specified on the order page, your account area or the help documentation. Monem Inc® retains the right to cancel any sale or Site access at any time, in which case you will only be charged for the time the sale or Site access was in effect.

Your License is valid for the country of the document that you select when you purchase your License. You will be charged in the currency of that country.

If you are not a party in transactions in which a Final Document is used or if you obtained the Final Document under a free trial, you are not allowed to enter into new transactions using the Final Document starting one month after the expiry of the corresponding product access time period.

To access products, you must provide credit card details to Monem Inc® as required by the Site. Monem Inc® will charge credit cards in accordance with displayed pricing in return for access to products and lawful services and if free trials are not canceled before the specified time period. Payments made to Monem Inc® are processed through either Monem Inc. or Monem Inc LLC.

Subject to these Terms, if you are evaluating the Site strictly as a potential customer or to participate in our affiliate program, you are granted a license to evaluate the Site for that purpose only.

1. Legal Advice, Information and Decision Making Responsibility
   Monem Inc® is not a law firm and does not provide Legal Advice (as defined below). Your use of Monem Inc® Material or any Monem Inc® Services does not create a solicitor-client relationship between you and Monem Inc® .
    

You agree that all decisions you make on legal matters are your full responsibility and you agree to retain legal counsel licensed to practice in your jurisdiction regarding any legal issue of enough importance to reasonably require it.

You agree that Monem Inc® does not provide Legal Advice. If you receive any communication from Monem Inc® , its agents, its employees or any other associated entity, which is Legal Advice, you agree that it is NOT a communication authorized by Monem Inc® and you agree to immediately delete and disregard it.

Except as expressly provided in these Terms, you agree to accept full responsibility for determining the value of and for any use you make of Monem Inc® Material or Monem Inc® Services, and for obtaining any needed assistance from a properly licensed attorney to assess the value of and appropriate uses for any Monem Inc® Material or Monem Inc® Services.

For the purposes of these Terms, Legal Advice is defined to include the following:

• any legal related communication, work or service which, under the governing law of your jurisdiction, is only allowed to be performed by or under the supervision of a properly licensed attorney;

• advice on which legal document or documents you need or are best for your situation;

• determining the legal consequences that will or could result from how you have created your legal document;

• whether you have included inappropriate, conflicting, or ambiguous information in your legal documents;

• whether you have omitted any necessary provisions or details from your legal documents; and

• whether you require any additional legal documents or legal procedures.

• Programs
  Monem Inc® retains the right to make changes to its Affiliate Program or other programs as it sees fit.

Detailed Affiliate Program Terms and Conditions can be found at Affiliate Program Terms and Conditions.

1. Audio and Visual Recording
   By using our online notary service, you consent to our Site creating an audio and visual recording of your notary session. By inviting others to participate in your notary session you confirm, on their behalf, that they are lawfully able to participate, they agree to participate, and they consent to being recorded as part of the notary session.

2. Restrictions
   To the maximum extent allowable under applicable law, except as explicitly identified in these terms, you agree not to publish, re-publish, lend, license, give away, look at the software source code, modify the software source code, post to an Internet web site, or use in an automated system any Monem Inc® Material nor will you utilize Monem Inc® Material in any way for the creation of an automated system or website, nor will you allow or assist a third party to do so.

You agree to only use Monem Inc® Material and the Site as a customer.

Licenses granted are subject to these Terms, and are non-exclusive, non-transferable, and revocable.

The EULA document may be distributed on the internet without time limit by licensed Monem Inc® customers as part of a materially non-legal package adding significant value.

The rights granted under these Terms are granted to you only.

If you are an organization, a purchase allows one individual within your organization to exercise the rights granted by these Terms. If multiple individuals within your organization require access, there must be a purchase for each individual. The appointed individual may not be changed.

Monem Inc® retains the right to prohibit organizations, groups, or individuals, or yourself from using its websites or Monem Inc® Material or Monem Inc® Services at its discretion.

1. Assignment
   This agreement cannot be assigned.

2. Intellectual Property
   All copyright, trade marks (including its distinguishing guise and/or trade dress), and other intellectual property rights (registered and unregistered) of Monem Inc® Material belong to Monem Inc® and its suppliers. Monem Inc® reserves all of its rights in the Monem Inc® Material. Nothing in the Terms grants you a right or licence to use any intellectual property rights owned or controlled by Monem Inc® or any other third party except as expressly provided in these Terms.
   
   In addition, Monem Inc® Material, contains information and intellectual property that is selected and organized by Monem Inc® and represents significant work made by Monem Inc® . Nothing in the Terms should be construed as granting any license or right to use any Monem Inc® Material or intellectual property displayed or used in any Monem Inc® Material except as expressly provided in the Terms.

You agree to the following:

1.                          the Monem Inc® Material is the property of Monem Inc® and its suppliers;

2.                          you will not use the Monem Inc® Material for any purpose other than is expressly permitted in these Terms;

3.                          you will not distribute in any medium any Monem Inc® Material without Monem Inc® prior written authorization or as expressly provided these Terms.

4.                          any distribution or past distribution of any Monem Inc® Material that violates these Terms is subject to liquidated damages in an amount equal to that which would be payable by a copyright infringer for knowingly copying a work, and based on each page of any website which uses Monem Inc® Material being a separate work under the Copyright Act and each access of a page of a website by a customer being a separate publication of a work.

5.                          Monem Inc® shall have the right to represent its suppliers in any dispute.

1. LIMITED WARRANTIES
   Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, Monem Inc® Material and Monem Inc® Services are provided "as is" without any kind of warranty.
    

You accept full responsibility for determining whether Monem Inc® Material and Monem Inc® Services are suitable for any particular purpose and for protecting yourself against any possible consequential damages.

Monem Inc® does not authenticate users' signatures. Monem Inc® does not authenticate users’ identities when users use our electronic signature functionality. Monem Inc® electronic signature functionality does not track IP addresses, include digital certificates, use a certification authority nor any other third party verification. You accept full responsibility for determining whether an electronic signature is suitable for any particular purpose.

Monem Inc® authenticates the identity of users of our online notary service. You accept full responsibility for determining whether an online notarization is suitable for any purpose. Monem Inc® is not responsible or liable for any notarial acts performed on the Site.

Except as expressly provided in these Terms or where prohibited by law, we are not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of Monem Inc® Material and Monem Inc® Services, or for inaccessibility of Monem Inc® Material and Monem Inc® Services whether from errors or omissions in the content of Monem Inc® Material and Monem Inc® Services or any other linked sites or for any other reason. Use of Monem Inc® Material and Monem Inc® Services is at your own risk.

Monem Inc® does not represent or warrant that Monem Inc® Material, the Site or any linked sites are free of any harmful materials.

1. Maximum Liability
   Except as expressly provided in these Terms or where prohibited by law, the maximum liability of Monem Inc® is the amount paid to Monem Inc® by the customer; however, where Monem Inc® has provided a service, the maximum liability of Monem Inc® for any Monem Inc® Services is the portion of the amount paid to Monem Inc® by the customer specifically for the Monem Inc® Services as calculated by Monem Inc® .

2. Guarantees and Refunds
   All guarantees are subject to any limitations specified in any Monem Inc® Material. Guarantees are only available to customers who paid on the product before the guarantee is claimed and are not available on free promotions. For a guarantee to apply to a product, it must be explicitly promoted in Monem Inc® Material for that product at the time of payment. A customer is only entitled to one Guarantee claim relating to one Guarantee category of one product. Should a customer accept a Guarantee related payment from Monem Inc® , they waive their right to any additional claims against Monem Inc® regarding any Guarantee unless otherwise agreed to in writing. Monem Inc® has no obligation to refund one time purchases.
   
   The following additional restrictions apply to the Guarantees payments for mistakes:
   
    

a.                          The mistake must be in the wording of the legal document and not in other text;

b.                          The customer was the first person to mention that mistake for that Guarantee category;

c.                          Guarantees only apply to Monem Inc® mistakes, not to customer mistakes; and

d.                          We are only required to pay a customer once for a mistake no matter how many mistakes they may bring to our attention.

A. Free Trial Refund Policy
The terms and conditions of the offer will govern any free trials. Monem Inc® has no obligation to refund for free trials properly converted to paid product access.

B. Annual Subscriptions and Renewals
Monem Inc® has no obligation to refund renewals unless you notify us before your renewal date that you want to cancel. Annual subscriptions are subject to a refund within 30 days of initial purchase.

C. Legal Guarantee
Subject to any limitations or maximums specified in any Monem Inc® Material including the specific guarantee amount, we will cover any damage a customer suffers in a legal judgment, as a result of a clear Monem Inc® mistake, to a maximum of $12,000 USD.

D. Other Guarantees and Refunds
Our maximum liability for any Quality Guarantees specified on the Site is $120 USD. Other guarantees and refund commitments specified in Monem Inc® Material are subject to a maximum of the amount paid by the customer and are subject to a claim being submitted within 30 days of purchase.

1. Client Privacy
   You consent to Monem Inc® using your personal information according to its Privacy Policy that can be found at Privacy Policy.

2. ESIGN Electronic Records and Communication Disclosure
   By agreeing to the Terms and using our Site you affirmatively consent to receive all information and disclosures from Monem Inc® electronically. Additionally, by using Monem Inc’s electronic signature or online notary functionality you agree to sign documents electronically.
   
   In many cases you have a right to receive information and disclosures on paper instead of electronically. This Site provides all information and disclosures in electronic form. If you want to receive paper records, you can print your completed template, electronically signed document, or online notarized document. You can also print the Site Terms of Use and Privacy Policy. If you want to receive other paper records you should not use the Site. You may withdraw your consent to receive information and disclosures electronically at any time. To do so, please delete your account through your “My Account” page on the Site. By withdrawing your consent, you will no longer be able to use the Site, Monem Inc® Materials, or Monem Inc® Services.
   
   You can update your contact and billing information through your “My Account” page on the Site.
   
   To access the Site and the Monem Inc® Materials and Monem Inc® Services you must have the following: (1) a computer or smartphone with enough memory to access, view, and store documents; (2) an internet connection; (3) an internet browser. If you want to view your documents in PDF or use the electronic signing or online notary services, you must also have a program with which to view PDFs. To use the online notary service a working webcam and microphone are also required.

3. Terms and Headings
   All of the Terms are valid regardless of the heading. To the maximum extent possible under law, the Terms take precedence over any conflicting Monem Inc® Material should it be judicially found that the conflicting Monem Inc® Material is legally relevant to this Agreement under law.

4. Indemnification
   Except where prohibited by law, you agree to indemnify and hold Monem Inc® , its directors, officers and employees, harmless from any actions, claims, losses, damages, liabilities and expenses including legal fees, asserted by any third party due to or arising out of your use of the Site or Monem Inc® Material or Monem Inc® Services.

5. Governing Law
   Except where prohibited by law, the Terms are governed by the laws of the Province of Alberta, Canada. Except where prohibited by law, you irrevocably attorn to the exclusive jurisdiction of the courts of Edmonton Alberta, Canada.
    

6. Binding Arbitration
   Subject to exceptions specified herein, if you and Monem Inc® are unable to resolve any dispute by informal negotiations, then any resolution of this dispute will be conducted exclusively by binding arbitration.
   
   A request for appointment of an arbitrator must be made in writing. Upon receipt of the written request, Monem Inc® will have 90 days to choose and appoint an independent and impartial arbitrator. The arbitration will be held in the City of Edmonton, Alberta, Canada.
   
   The cost of the binding arbitration proceedings and any proceeding in court to confirm or to vacate any arbitration award, including, without limitation, reasonable attorneys' fees and costs, will be borne by the unsuccessful party and will be determined and awarded by the arbitrator.
   
   Exceptions to the use of binding arbitration are as follows: Monem Inc® may bring forth a lawsuit, without using binding arbitration, should the lawsuit involve intellectual property infringement or injunctive relief. Also, either party may use small claims court.

7. Class Action Waiver
   You will not seek to have the dispute heard as a class action, private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Arbitration or any other proceeding to resolve any dispute, in any forum, will be conducted solely on an individual basis and not combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

8. Modification of the Terms
   Except that you must be informed in a reasonable manner regarding any pricing increase, Monem Inc® may, in its sole discretion, change these Terms at any time. Other terms and conditions are only valid when signed in writing by an authorized Monem Inc® officer.

9. Severability
   If any term, covenant, condition or provision of these Terms is held by a court of competent jurisdiction to be invalid, void or unenforceable, such provision is to be excluded to the extent of such invalidity or unenforceability and all other provisions will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable provision will be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.

10. Waivers
    No failure or delay, on the part of Monem Inc® , in exercising any right or power under these Terms will operate as a waiver of such right or power.

11. Whole Agreement
    Except as explicitly set forth in this agreement, these Terms, the pricing displayed on the Site, the Site's Disclaimer, and, if you are an affiliate, the Affiliate Program Terms and Conditions, constitute the whole agreement between you and Monem Inc. notwithstanding any:
    
     

a.                          Monem Inc® Material other than this Agreement,

b.                          communication between you and Monem Inc® , including telephone, email and online chat assistance, or

c.                          announcements, newsletters or promotional materials from Monem Inc® .