Welcome to HighJinks. These Terms of Use ("Terms") govern your use of HighJinks internet services, websites, mobile applications, software and other products or services (individually, or collectively the "Services"). For and In Consideration of a Limited License (see below) to use the Services, you enter a legally binding contract and agreement (individually, or collectively "Agreement") with HighJinks (interchangeably referred to as "we," "us," and "our"). Under the Agreement, we require you acknowledge, accept and comply with these Terms before using the Services. If you do not agree to these Terms, you are not licensed, and forbidden, to use the Services. By using, accessing, downloading, visiting or browsing the Services, as provided by HighJinks or any place else, you (interchangeably referred to as "your" or" user(s)") acknowledge that you have read, understood, and agreed to be bound by these Terms, modifications and revisions. The Agreement and Terms apply to all users of the Services. If you use the Services as a representative of a company, group, team or organization (individually, or collectively "entity"), you and entity are bound, as users, to the Agreement and Terms. You warrant and guaranty that you have the authority to bind the entity to the Agreement and Terms. By definition, all content contained herein are Terms, regardless of labeling. PLEASE READ CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

DESCRIPTION AND GENERAL USE

HighJinks is a real estate closing management system designed to aid Settlement Agents in the closing process. We provide internet and mobile based software platforms that join parties, tasks, and documentation for each real estate transaction, ("transaction"). Settlement Agents and transaction parties can manage elements of the pre-closing process to avoid unnecessary cost and delay in closing. Our Services give all transaction parties the ability to upload, download, view, create, amend, and sign documentation as needed for closing. Settlement agents and parties to a transaction are users of the Services and must comply with these Terms. You can obtain more detailed information and description about the Services throughout our Websites.

HighJinks retains all rights, title, interest and licenses to the Services and related content, including but not limited to: intellectual property, software, products, logos, graphics, images, trademarks, service marks, trade names, service promotions, documents, information, content derivatives or enhancements, (collectively "Property"). The Property is protected by applicable intellectual property laws, including United States copyright, patent, trademark law and international treaties. Except as explicitly provided in these Terms, you will not, and will not permit or authorize third parties, to copy, reproduce, modify, sell, translate, enhance, decompile, disassemble, reverse engineer, create derivative works, rent, lease, sublicense, circumvent, or disable security and features of the Property. You will not use the Property in any manner that could damage, disable, overburden, impair, or interfere with other user enjoyment; and attempt to obtain user lists or other information. Our Services join users, documents, and information (collectively "Transaction Content") for each real estate transaction. HighJinks grants you a limited, nonexclusive, nontransferable license to ONLY access and use the Property for each real estate transaction, to which, you are: a party, settlement agent, representative, or vendor. Upon Licensing, the Products grant you privileges to view, share, sign, set tasks, communicate, retrieve, generate, create, copy, display, download, upload, and set templates to the Transaction Content as permitted in the Services. Other users may only access the Website for browsing and informational purposes to learn more about HighJinks. All Users maintain the sole responsibility to obtain a limited license. Your limited license terminates automatically and without notice if these Terms are breached. Unauthorized use of Property may violate copyright, trademark and privacy laws.

BETA SOFTWARE

At times, HighJinks may post, publish, distribute, present for download or otherwise make available Beta versions or portions of the Services ("Beta Software") for public use. Beta Software may be identified as Beta, Beta 2 or Public Beta in the Services. Beta Software is available to the public for testing and evaluating purposes as part of the software development process. As a user of Beta Software you are encouraged, but not required, to identify potential errors and improvements ("Feedback"). You hereby grant us the unrestricted right to use your Feedback, including the right to use your Feedback to improve the Services to create other products and services. There are risks associated with using Beta Software. Beta Software has not yet been tested like other commercially released software that you may use. Therefore, it is possible, the Software could contain errors, including but not limited to, errors that cause the Software or your computer to malfunction, resulting in loss of data or content. If you install or use the Beta Software, you accept these risks and consequences. We have no obligation or responsibility for the following: correcting errors, correcting the effects of said errors (i.e., fix your computer or recover lost data), or providing any technical support related to use of Beta Software.

TERMS MODIFICATIONS

We reserve the right to modify these Terms at any time and any manner at our sole discretion. Notice of any Terms modifications will be posted to the Services, and the modifications will become effective upon said posting. The most current version of these Terms will be posted to the Services. Prior to continued use of Services, you bear the burden and responsibility of reviewing the most current version of these Terms or modification notices. If you do not agree to these Terms modifications, you must immediately terminate and discontinue your use of the Services. Your continued use of the Services constitutes your binding acceptance of the Terms modifications. We accept no liability for any Terms modifications that cause damages and consequences to you, other users, or third-parties.

SERVICES USE

Prior to Services use, you must register or maintain an account. You must be 18 years old to register. You agree to provide true, accurate, current, and complete information upon registration. You agree to maintain current registration information and immediately modify any changes. If you provide any information that is untrue, inaccurate, not current, incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse future use of the Services. You are responsible for maintaining the confidentiality of your account, login ID, and password by restricting access to your account. You are solely responsible for any and all activity related to your account. If you suspect any unauthorized use of your account, notify us immediately. You acknowledge and agree that we may preserve user information and disclose user information if: required by law; we believe, in good faith, it is reasonably necessary to comply with a legal process; enforce these Terms; respond to claims you violated third-party rights; or protect the rights, property, and safety of HighJinks, its users, or the public. The Services may be unavailable at times due to maintenance, technical difficulties, and other reasons. Availability of the Services is subject to change at any time and at our sole discretion.

A. USER CONTENT

While using the Services, you may submit and generate the following: data, documents, comments, and other materials or information ("User Content"). We may, or may not, give you the ability to set viewing permissions on your User Content so that it will be accessible only to you and other users specifically designated by you. You are solely responsible for your User Content and accept the consequences of submitting, creating, retrieving, signing, and sharing your User Content. You warrant and represent that your User Content does not: infringe the intellectual property rights, privacy, or any other legal or moral rights of any third-party or user; impersonate another or is fraudulent, unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise reasonably objectionable; or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

You grant HighJinks a royalty-free, transferable license to access, use, process, display and reuse your User Content (or any portions or derivative works thereof) to: edit and generate documents, back-up data, email, promote transaction related services, technical services, Services functions, and business related activities. We may aggregate your data and content in any way we see fit provided that the aggregated data does not use personal information, unless said transaction has closed and we may use any data that would be readily available through public records. any content provided through the Services may be used to market additional products and/or services to any user of the Services. We are not responsible for maintaining, protecting, and restoring your User Content to avoid expenses associated with loss and corruption of your User Content. HighJinks will use commercially reasonable measures to avoid and prevent disclosure of your User Content to third parties without your express written permission.

You acknowledge and accept that we have no obligation or duty to: pre-screen, monitor, display and review information and User Content in the services; verify the accuracy, completeness, effectiveness, and legality of information and User Content in the Services; and monitor communications or User Content sharing between users in the Services. You should review all documentation related to your transaction and not rely solely upon information and User Content in the Services. You understand and agree that neither HighJinks, nor its Partners, is responsible or liable to you or any third party for the User Content posted in the Services. You agree to use our Services at your own risk. We are not liable to any user for losses sustained from inaccurate information and User Content in the Services. HighJinks reserves the right to discontinue any aspect of the Services at any time, including discontinuing any linked or embedded User Content, either generally or in specific cases.

B. THIRD-PARTY USE

We may provide links to third-party Websites and offerings ("Resources"), either voluntarily or involuntarily. These Resources may be provided for your convenience only. We make no representations as to the quality, suitability, functionality, or legality of third-party Resources, and you hereby waive any claim you might have against us, with respect to those Resources. HighJinks is not responsible for the content of third-party resources. Your correspondence, business dealings or participation in promotions by other users, advertisers, or partners found within the Services, and any terms, conditions, warranties, or representations are solely between you and said user, advertiser, or partner. You agree that we are not responsible or liable for any loss or damage incurred as the result of any such dealings, or their presence in the Services.

C. MOBILE USE

The Services include mobile features that allow you to access information in your account from your mobile phone. HighJinks may, or may not, charge extra for use of these features at our discretion. You understand and acknowledge that your mobile service provider may also charge.

D. USE RESTRICTIONS

1. While using and accessing the Services, you agree not to submit or transmit, by any means, the following content:

2. unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

3. harmful to minors in any way;

4. impersonating of any person or entity, or otherwise misrepresenting your identity or your affiliation with a person or entity;

5. not your right to transmit under any law or under contractual or fiduciary relationships (such as proprietary, confidential, or trade secret information learned or disclosed as part of employment relationships or subject to confidentiality or nondisclosure agreements);

6. infringing any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;

7. unsolicited or unauthorized advertising, promotional materials, links, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation;

8. viral software, computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

9. likely or intent to disrupt the Services and servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;

10. intent or unintentionally violate any applicable local, state, national, or international law," stalk" or otherwise harass another;

11. an automated means to access the Site or the Services or collect any information from the Site or the Services (including, without limitation, robots, spiders, or scripts); or

12. intent on Framing the Site or the Services, utilizing framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you must not engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.

E. FEES

The Services are currently free with explicit fees for certain services or application use. We reserve the right to modify our fees at any time and implement other pricing models in the future. You must utilize a credit card to pay any fees. Your credit card will be automatically charged for all fees incurred under your account when prompted. You agree to pay all applicable fees in connection with your account, including any applicable taxes. Nonpayment will result in no access to the Services. Current fees will be posted on our website. We may have other offerings for additional fees, which would only be charged at your consent.

F. TERMINATION

These Terms apply to during your use the Services, and after any termination. You may terminate your membership at any time. You agree that HighJinks, at its sole discretion, may terminate your user ID/password, account (any part thereof), and Services use. We may remove and discard any Content within the Services, for any reason, including but without limitation to: lack of use, security, Terms violations, or inconsistent conduct with these Terms. HighJinks may, at its sole discretion and timing, modify or discontinue providing you Services without notice. Upon termination, HighJinks may immediately deactivate, delete, or deny access to your account, including: all related information and User Content. You agree that HighJinks is not liable to you, or any third party, for any modification or termination of your account, including: Services, information, and User Content.

G. ELECTRONIC SIGNATURES

The Services allow certain users to perform electronic document signing as part of their functionality. When you engage the Services for signing and submitting documents electronically, you acknowledge and agree to the terms as follows: a) we may rely on your electronic signature as an authentic manual signature on any and all agreements or documents you sign electronically; b) the security and verification procedures adopted by us and stipulated in the Privacy Policy are reasonable and secure; c) all electronic signatures will be stored and recorded as part of the Services functionality and purpose; d) you may access, view and print your electronic signatures on related documentation; e) you are responsible for any electronic signatures provided through your account; f) you will protect your account from any unauthorized electronic signatures and are responsible and liable for any unauthorized use; g) you will notify us immediately of any unauthorized electronic signatures, change in email or electronic address related to your account for electronic signatures; h) your electronic signature may not be recognizable in certain states or jurisdictions as legal or binding, and you will supplement these electronic signatures with manual signatures for any and all agreements or documentation; i) by using the Services you agree to be bound by your electronic signature and you agree that the electronic signatures are binding to you, as well, unless otherwise disallowed by law in your jurisdiction; j) you have read and understand these Terms.

H. PRIVACY

Any information, including User Content, submitted on the Services is subject to our Privacy Policy, which is incorporated into these Terms. Please review our Privacy Policy carefully.

DISCLAIMERS AND LEGAL NOTICES

A) Copyright Act " Statement of Compliance

If you believe that any User Content or any other Content infringes upon your copyrights, or consequently, your User Content was removed in error for infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): a) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works at that site; b) Identification of the material that is claimed to be infringing or to the subject of infringing activity; c) Contact information, such as, address, telephone number, and electronic mail; d) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The HighJinks Designated Agent for notice of alleged copyright infringement within the Services may be contacted by electronic mail at legal@highjinks.com. You understand that failure to comply with all requirements of this paragraph, including subparagraphs, may cause your DMCA notice to be invalid and fail.

B) Warranties: Limitations on Liability

The Services are provided "AS IS" and "AS AVAILABLE" for use at your OWN RISK without express or implied warranty, or condition of any kind. Without limiting the foregoing and to the fullest extent permitted by law, HighJinks makes no representations or warranties of any kind with respect to the Services or any contents therein. HighJinks assumes no liability or responsibility for the Services and Content as follows: any errors or omissions, any losses or damages, conduct of other users. HighJinks expressly disclaims all representations and warranties relating to the Services, including but not limited to: warranties of merchantability, fitness for a particular purpose, accuracy, authenticity, availability, security, title, timeliness, usefulness, and non-infringement. In addition, HighJinks does not represent or warrant that the information and Content within, or accessible through, the Services is complete, accurate, current, or will achieve certain results.

C) Limitations on Liability

TO THE FULLEST EXTENT OF THE LAW, AND HAVING POSSIBLE ADVANCE NOTICE OF DAMAGES RESULTING FROM THESE TERMS OR ACCESS AND USE OF THE SERVICES, HighJinks AND AFFILIATED ENTITIES WILL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, AND SPECIAL DAMAGES), INCLUDING BUT NOT LIMITED TO: LOST USE, DATA, BUSINESS INTERRUPTIONS, AND PROFITS. IF THE DENIAL OF LIABILITY FAILS, THEN OUR LIABILITY WILL NOT EXCEED THE LESSOR OF $300 OR THE TOTAL PAYMENTS WE RECEIVED FROM YOU OVER THE LAST SIX MONTHS. FURTHER, ANY CLAIM, CONTRACT OR TORT, WILL EXPIRE AND BE PERMANENTLY BARRED FOREVER IF NOT COMMENCED WITHIN 1 YEAR FROM THE TIME A CLAIM ARISES. YOUR SOLE CLAIM WILL ONLY BE TO STOP USING AND TERMINATE YOUR ACCOUNT IF DISSATISFIED WITH THE SERVICES OR THESE TERMS. THEREFORE, EACH PROVISION OF THESE TERMS PROVIDES AN ALLOCATION OF RICK UNDER THESE TERMS AS FOLLOWS: A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES. EACH PROVISION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN USERS AND HighJinks. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION, AND OTHERS, WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS.

D) Indemnity

You agree to indemnify and hold HighJinks (and our subsidiaries, affiliates, members, managers, officers, agents, partners, and employees) harmless from any loss (including liability, claim, demand, and reasonable attorney’s fees) resulting from, arising from or connected to, your use, modification, misinterpretation, misuse, or reuse of the Services, Content, information, and these Terms. Indemnification extends to any legal action brought by another party to the real estate transaction that is based on user content, whether said content by accurate or inaccurate.

E) Governing Law and Arbitration

These Terms are governed in all respects by the laws of the State of Georgia, without regard to its conflict of laws rules, as such laws are applied to agreements entered into and to be performed entirely within Georgia, between Georgia residents. Any controversy or claim arising out of or relating to these Terms and the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Gwinnett County, Georgia, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Georgia law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. By using the Services, you consent and submit to the exclusive jurisdiction and venue of the Georgia state courts located in Gwinnett County, and federal courts of the Northern District of Georgia. Further, you waive the use and application of any Long-Arm Statutes as an attempt to force HighJinks into the courts of another State or Country.

F) Release

In the event, you have a dispute with one or more users of the Services, you release HighJinks (and our members, managers, officers, directors, agents, subsidiaries, parent corporation, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

G) Miscellaneous

HighJinks’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Services, you consent to receiving electronic communications from HighJinks. These communications will include notices about your account and information concerning or related to the Services. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. HighJinks is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms compose the entire agreement between you and HighJinks and supersede all prior agreements between the parties regarding the subject matter contained herein. All users agree that any email communication does not violate any ICANN regulations. These Terms create no third party beneficiary rights.

You may not assign your limited license and any attempt to do so is void. Our failure to enforce a provision of these Terms is not a waiver of our right to do so later. If a provision of these Terms is found unenforceable the remaining provisions will remain in full force and effect, and an enforceable term will be substituted reflecting our intent as closely as possible.

Questions

Please direct any questions regarding these Terms to info@highjinks.com