By using our product, you agree to the following terms
Welcome to the Terms of Service for NotaryAct.com (“NotaryAct”). NotaryAct is a system designed to assist notaries and their employers maintain notary commission and notarial act records (referred to herein as “Records”). By using the NotaryAct site (the “Site”) or the NotaryAct application on your iPhone, iPad, Droid, or other smart device or wired or wireless computer device (the “Application”), you (“you” or “User”) agree to the terms and conditions in this Agreement (“Agreement”) between All IP Operating LLC d/b/a NotaryAct, the owner and operator of the Site and the Application and you (“you” or “your” or “user(s)”), a user of the Site and the Application. Throughout this Agreement, the words “NotaryAct,” “us,” “we,” and “our,” refer to our company NotaryAct, our Site, the Application and the support services we provide to our users.
Throughout this Agreement, Site, Application and the support services we provide to our users are collectively referred to as the “Service”, as is appropriate in the context of the use of the words.
Users of our Service must be at least 18 years of age. NotaryAct does not offer the Service to persons under the age of 18 years of age.
In order to use the Service you will first have to create a NotaryAct account. You create an account by providing us with an acceptable username and password, your name (as you are commissioned), mailing address, phone number, email address, and the state where you are a commissioned notary. We refer to this as your “Account Information”. You are responsible for maintaining the accuracy, completeness and confidentiality of your Account Information and you will be responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure. If you discover any unauthorized use of your Account Information or suspect that anyone may be able to access your private Records, you should immediately change your password and notify our customer support team at support@NotaryAct.com. Although you may use NotaryAct with only a web browser, use of the Service on a variety of mobile computing devices requires installation of the Application on your mobile computer devices. Obtaining those devices and paying for their connectivity and data plans is your responsibility. NotaryAct also has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Service. You are responsible for obtaining and maintaining all internet connections, computer hardware, phones, printers, and other equipment needed for access to and use of the Service, to download and print all Records, including purchasing any software necessary to open and retrieve your Records.
You acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of NotaryAct. While NotaryAct makes reasonable precautions against loss or theft of data, NotaryAct shall not be responsible for any Records lost or stolen while transmitting information on the Internet. While it is NotaryAct’s objective to make the Site and Application accessible 24 hours per day, 7 days per week, 365 days per year, the Site and/or Application may be unavailable at any time for any reason including, without limitation, routine maintenance. Therefore, it is your responsibility to keep copies of any data you upload to the Site and to regularly download copies of the Records you upload to the Service.
We may modify these terms or any additional terms that apply to our Services at any time to reflect changes to the law or changes to our Services, provided that existing users are given notice of the changes and are allowed to approve or decline acceptance of the new terms. Declining acceptance of the new terms could cause you to lose access to the Site, the Application and the Service. Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement bearing a written signature by you and us. For clarity, email or other communications will not constitute an effective written agreement for this purpose.
We retain the right, in our sole discretion, to implement changes to the Service, including changes that may affect the previous mode of operation of the Service. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the nature or size of search or reporting capabilities of the Service, the nature of, or your continued ability to access or distribute your Records and other data, and impose other limitations at any time, with or without notice. In connection with changes to the Service, NotaryAct may automatically download updates on your computers and devices from time to time with the intention of improving, enhancing, repairing or further developing the Service. NotaryAct will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), NotaryAct may require you to install the update to continue accessing the Service. In all cases, you agree to permit NotaryAct to deliver these updates to you (and you to receive them) as part of your use of the Service.
NotaryAct may from time to time include as part of the Service computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. NotaryAct expressly disclaims any warranty or other assurance to you regarding such third party software.
Once your account is created and you accept these Terms, we grant you a limited, non-exclusive, non-assignable license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms. Your right to use the Service is a personal, worldwide and royalty-free license. You do not obtain any other rights or interests in NotaryAct or the Service. The instructions for downloading the Application will be accompanied by an end user license agreement (“EULA”). Your use of the Application is governed by the terms of the EULA and by this Agreement where applicable. You may not install or use the Application that is accompanied by or includes the EULA unless you first agree to the terms of the EULA.
You retain any and all rights in the Records you submit or upload through the Service. You may download, print, or save copies of the Records that you upload. You hereby grant NotaryAct a limited license, as described below, so we can make your Records accessible and usable on the Service. Other than this limited license and other rights you grant in these Terms, NotaryAct acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms in any of your Records. In order to enable NotaryAct to operate the Service, we must obtain from you certain license and other rights to the Records you submit so that our processing, maintenance, storage, technical reproduction, back-up and distribution and related handling of your Records doesn’t infringe applicable laws. This means that by using the Service and uploading Records, you grant NotaryAct a license to display, perform and distribute your Records for technical purposes, (e.g., making sure Records are viewable on smart phones as well as computers) and reproduce such Records to enable NotaryAct to operate the Service. You also agree that NotaryAct has the right to elect not to accept, store or transmit any Records in our sole discretion. You agree that these rights and licenses are royalty free, irrevocable and worldwide (for so long as your Records are stored with us), and include a right for NotaryAct to make such Records available to, and pass these rights along to, others with whom NotaryAct has contractual relationships related to the provision of the NotaryAct Service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your Records to third parties if NotaryAct determines such access is necessary to comply with its legal obligations. Inasmuch as we rely upon your rights to upload and distribute your Records, you represent and warrant to NotaryAct that you have the unfettered legal rights and authority to submit your Records to NotaryAct, and to make any publication or other distribution of your Records in your use of the Service. You also represent to us that, by submitting Records to NotaryAct and granting NotaryAct the rights described in these Terms, you are not infringing the rights of any person or third party.
The NotaryAct Service is available worldwide, but our data processing operations take place in the United States. If you use the Service, you acknowledge that you may be sending electronic communications (including your Account Information and Records), through computer networks owned by NotaryAct and third parties located in locations in the United States. As a result, your use of the Service will likely result in interstate and possibly international data transmissions, and your use of the Service shall constitute your consent to permit such transmissions.
You may close your account with our Service at any time, for any reason (or no reason). If you wish to terminate this Agreement or your account please contact us at support@Notaryact.com or by mail at the address provided at the end of this Agreement. NotaryAct may suspend access to your account, or close your account, with or without notice according to these Terms. Reasons for NotaryAct suspending or closing your account may include, without limitation: (i) breach or violation of these Terms or any Separate Agreement, (ii) your nonpayment of any fees or other sums due NotaryAct or any other party related to your use of the Service, (iii) the discontinuance or material modification of the Service (or any part thereof) or (iv) unexpected technical or security issues or problems. In most cases, in the event we elect to close your account, we will provide at least 30 days advance notice to you at the email address you have provided to us, so you have a chance to retrieve any Records stored on NotaryAct’s servers. The Records you have saved on our Service will remain available to you for a period of one (1) year. During that time you will have the ability to copy, print, or download reports of your Records. Thereafter it may no longer be accessible to you or others who may access the Service, but residual copies of your Records may continue to exist on NotaryAct’s back-up and archiving systems. After the expiration of this notice period, you may no longer be able to retrieve Records contained in that account or otherwise use the Service through that account. NotaryAct’s pledge to protect the privacy of your Records will continue, even after your death or incapacity. If you wish to enable someone to have access to your Records or Account Information after you are no longer able to provide them access, you need to implement a process for providing your Account Information to them. We will not provide your Account Information, or your Records, to anyone unless we determine that we are legally obligated to do so.
When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to NotaryAct you acknowledge and agree that: (i) your contributions do not contain confidential or proprietary information; (ii) NotaryAct is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) NotaryAct shall be entitled to use or disclose (or choose not to use or disclose) such contributions for any purpose, in any way; (iv) NotaryAct may have something similar to the contributions already under consideration or in development; (v) your contributions automatically become the property of NotaryAct without any obligation of NotaryAct to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from NotaryAct under any circumstances.
You are solely responsible for any applicable state, federal or local taxes. Although you may not be charged taxes by us you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases or use of the Service. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases or use of the Service.
You agree to indemnify and hold NotaryAct harmless from and against any breach by you of these Terms and any claim or demand brought against NotaryAct by any third party arising out of your use of the Service, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by NotaryAct in consequence of your breach of these terms.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, NotaryAct shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
You may not use or otherwise export or re-export the Site, the Application or the Service except as authorized by United States law and the laws of the jurisdiction in which the Site, the Application or the Service was obtained. In particular, but without limitation, the Site, the Application or the Service may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Site, the Application or the Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
OUR SITE AND SERVICE IS OFFERED “AS-IS”. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. WE SPECIFICALLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES NOT STATED WITHIN THIS AGREEMENT.NOTARYACT MAKES NO GUARANTEE THAT THE USE OF THE SITE, THE APPLICATION AND/OR THE SERVICE COMPLIES WITH YOUR STATE LAW OR THAT THE RECORDS THAT YOU ENTER AND UPLOAD TO THE SERVICE ARE ALL THAT ARE REQUIRED BY YOUR STATE. YOU ARE REQUIRED TO ENSURE THAT THE USE OF THE SERVICE COMPLIES WITH YOUR STATE LAWS AND THAT YOU ARE IN COMPLIANCE WITH ALL LAWS AND REGULATIONS FOR NOTARIES IN YOUR STATE. IF YOU HAVE ANY QUESTIONS ABOUT THE LAWS FOR NOTARIES IN YOUR STATE CONTACT YOUR STATE NOTARY ADMINISTRATOR.
IN NO EVENT SHALL NOTARYACT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF RECORDS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES AND PRODUCTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY RECORDS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NOTARYACT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. NOTARYACT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO THE GREATER OF (i) THE AMOUNT ACTUALLY PAID BY YOU FOR THE SITE, THE APPLICATION OR THE SERVICE OR (ii) US$50.00. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO NOTARYACT, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM NOTARYACT, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
This Agreement shall be governed by the laws in force in the State of New York. The offer and acceptance of this contract is deemed to have occurred in State of New York.
If you initiate a claim against NotaryAct relating to this Agreement you agree that your claim must be resolved exclusively by the processes set forth in these Terms. NotaryAct provides the Service to you on the condition that you accept the dispute resolution provisions described below, so if you initiate any claim against NotaryAct in any other manner, you shall be in violation of these Terms and you agree that NotaryAct shall be entitled to have such action dismissed or otherwise terminated and you agree to reimburse NotaryAct for its reasonable costs incurred in defending against such improperly initiated claim. You agree that, prior to initiating any formal proceedings against NotaryAct, you will send us a notice to our attorneys at legal@NotaryAct.com or by US Postal certified mail and state that you are providing a “Notice of Dispute.” Upon receipt of a Notice of Dispute, you and we shall attempt to resolve the dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. If the dispute remains unresolved, either you or we may initiate formal proceedings according to these Terms. Except where our dispute is being resolved pursuant to an arbitration (as provided below), you agree that any claim or dispute you may have against NotaryAct must be resolved exclusively by a state or federal court located in Nassau County, New York. You agree to submit to the personal jurisdiction of the courts located within Nassau County, New York for the purpose of litigating all such claims or disputes.
Except for any dispute relating to the enforcement or validity of your, our or either of our licensors’ intellectual property rights, if a claim arises between you and NotaryAct the claim shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Our arbitration proceedings will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures applicable at that time, including the AAA’s Supplementary Procedures for Commercial Dispute Resolution Service Rules of Procedure (to the extent applicable), as modified by our Arbitration Agreement. You may review those rules and procedures, and obtain a form for initiating arbitration proceedings at the AAA’s website. The arbitration shall be held in Nassau County, New York or at another mutually agreed location. Either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator’s discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different NotaryAct users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.The AAA rules will govern the payment of all filing, administration and arbitrator fees, unless our Arbitration Agreement expressly provides otherwise. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse NotaryAct for all fees associated with the arbitration paid by NotaryAct on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
YOU AND NOTARYACT AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS.” UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER NOTARYACT USERS.
Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then the entire Arbitration Agreement shall be null and void, however, the remainder of this Agreement and will continue to apply.
You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these Terms must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.
These Terms constitute the entire agreement between you and NotaryAct and govern your use of the Service, except, and then only to the extent that you have entered into a Separate Agreement. The section headings in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms supersede any prior agreements or earlier versions of these Terms between you and NotaryAct for the use of the Service. You acknowledge and agree that each affiliate of NotaryAct shall be a third party beneficiary to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms.
1887 Main Street
Washougal, WA 98671
Attention: Customer Support