IMPORTANT – READ CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and All IP Operating LLC d/b/a NOTARTACT for the NOTARYACT Software that accompanies this EULA and which may include associated software components, media, printed materials, and “online” or electronic documentation (“SOFTWARE”). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree, do not install, COPY or use the SOFTWARE.
The SOFTWARE is licensed as follows:
Provided that you comply with all terms and conditions of this EULA, NOTARYACT grants you the right to install and use copies of the SOFTWARE on your computers or mobile devices running a validly licensed copy of operating systems for which the SOFTWARE was designed.
In order to use the SOFTWARE you will first have to create a NOTARYACT account. You create an account by providing us with an acceptable username and password, your name, mailing address, phone number, email address, the State where you are a commissioned notary and your commission number and the expiration date of your commission. 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.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE .
You may not distribute registered copies of the SOFTWARE to third parties.
You may not reverse engineer, decompile, or disassemble the SOFTWARE , except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the SOFTWARE.
NOTARTYACT may provide you with support services related to the SOFTWARE (“Support Services”). Any supplemental Software code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA.
You agree that NOTARYACT and its affiliates may collect and use technical information gathered as part of the Support Services provided to you, if any, related to the SOFTWARE. NOTARYACT may use this information solely to improve our products or to provide customized services or technologies to you.
You must comply with all applicable laws regarding use of the SOFTWARE.
NOTARYACT reserves all rights not expressly granted to you in this EULA.
All title, including but not limited to copyrights, in and to the SOFTWARE and any copies thereof are owned by NOTARTYACT or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content.
You shall set a password and a user identification to access the SOFTWARE. Your NOTARYACT password is protected by encryption, and only you have access to it. You shall use all reasonable efforts to keep such password and user identification confidential.
NOTARYACT is committed to protecting the security of your information and takes reasonable precautions to protect it. However, Internet data transmissions, whether wired or wireless, cannot be guaranteed to be 100% secure, and as a result, we cannot ensure the security of information you transmit to us; accordingly, you acknowledge that you do so at your own risk. Once we receive your data transmission, we make all commercially reasonable efforts to ensure its security on our systems.
Your personal information and Records stored in our systems is protected by various physical, electronic and procedural safeguards. We regularly evaluate our technologies, facilities, procedures and potential risks to maintain the security and privacy of our users’ Records.
When you enter sensitive information and Records on our Service, we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. NOTARYACT utilizes secure hypertext protocol (HTTPS) designed to transfer encrypted information between mobile devices and computers over the internet.
If NOTARYACT learns of a security system breach, we may attempt to notify you and provide information on protective steps, if available, through the email address that you have provided to us or by posting a notice on our web site. Depending on where you live, you may have a legal right to receive such notices in writing.
The SOFTWARE is designed to assist notaries and their employers maintain notary commission and notarial act records (referred to herein as “Records”). You agree to evaluate, and bear all risks associated with, the use of any Records, including any reliance on the accuracy, completeness, or usefulness of such Records. All Records, entered on or transmitted by the SOFTWARE, by you or others using your account are your responsibility. NOTARYACT does not control the Records made available via the SOFTWARE and, as such, does not guarantee the accuracy, integrity, quality or appropriateness of such Records for any particular user.
You represent and warrant that if you intend to use the SOFTWARE for compliance with state specific notarial act record requirements you are properly commissioned or licensed in the State or States where you are a commissioned notary and you are in compliance with all necessary laws, rules and regulations to perform notarial acts in the states in which you shall use the SOFTWARE to create Records. You acknowledges that you are responsible for compliance with all federal, state and local notary laws, rules and regulations and that NOTARYACT is not assuming any rights, responsibilities or liabilities arising out of or relating to your failure to comply therewith.
You agree to not use (or permit others to use) the SOFTWARE to:
You agree NOTARYACT (or its suppliers) may preserve and disclose Records if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the terms of this EULA; (iii) respond to claims that any Records violates the rights of third- parties; or (iv) protect the rights, property, or personal safety of NOTARYACT, its users and the public. You understand that the technical processing and transmission of the SOFTWARE, including your Records, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
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 at the postal address provided below.
Without prejudice to any other rights, NOTARTYACT may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must delete all copies of the SOFTWARE in your possession.
NOTARYACT and its suppliers provide the SOFTWARE and Support Services (if any) AS IS and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the SOFTWARE, and the provision of or failure to provide Support Services, information, Software, and related content through the Software or otherwise arising out of the use of the SOFTWARE.
To the maximum extent permitted by applicable law, in no event shall NotaryAct or its suppliers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Software, the provision of or failure to provide Support Services, informatIon, Software, and related content through the Software or otherwise arising out of the use of the Software, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of NotaryAct or any supplier, and even if NotaryAct or any supplier has been advised of the possibility of such damages.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF NOTARYACT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY NOTARYACT WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF (a) THE AMOUNT ACTUALLY PAID BY YOU FOR THE Site, the application or the service OR (b) US$50.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
You agree to indemnify and hold NOTARYACT, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim or demand, including penalties, fines, damages, losses, costs and expenses, reasonable attorney’s fees, court or arbitration costs, incurred by NOTARYACT due to or arising out of your use of the SOFTWARE in violation of this EULA, any breach of your representations or warranties herein or as a result of or based upon your violation of any federal, state or local notary laws, rules or regulations.
You may not use or otherwise export or re-export the SOFTWARE except as authorized by United States law and the laws of the jurisdiction in which the SOFTWARE was obtained. In particular, but without limitation, the SOFTWARE 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 SOFTWARE , 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 the SOFTWARE for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or ion of nuclear, missiles, or chemical or biological weapons.
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.
If you initiate a claim against NOTARYACT relating to this EULA you agree that your claim must be resolved exclusively by the processes set forth below. If you initiate any claim against NOTARYACT in any other manner, you shall be in violation of this EULA 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 a notice to our attorneys at legal@notaryact.com or by certified mail at the address provided below 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 the following terms.
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 arbitrators shall not have the power to make an award that is inconsistent with the provisions of this EULA or New York substantive 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.
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. The remainder of the User Agreement and its Legal Disputes Section 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 SOFTWARE or EULA 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.
NOTARYACT has the right to seek injunctive relief to enforce this EULA or to stop or prevent an infringement of intellectual property rights, other proprietary rights or other third-party rights.
You agree that any equitable actions for injunctive relief shall exclusively be resolved under the substantive law of the state of New York (exclusive of its choice of law provisions) by the state and federal courts located in Nassau County, New York .
You acknowledge and agree that each affiliate of NOTARYACT shall be a third party beneficiary to this EULA and that such other companies shall be entitled to directly enforce, and rely upon, any provision or terms of this EULA 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 this EULA.
The section titles in this EULA are for convenience only and have no legal or contractual effect.
NOTARYACT’s failure to exercise or enforce any right or provision of this EULA shall not operate as a waiver of such right or provision.
The parties agree that each provision of this EULA is intended to be construed to be enforceable to the fullest extent possible. If any provision or part of a provision of this EULA is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from this EULA and not affect the validity and enforceability of any remaining provisions.
You may not assign your rights under this EULA to any third party; NOTARYACT may assign your rights under this EULA without condition.
This EULA (including any addendum or amendment) are the entire agreement between you and NOTARYACT relating to the SOFTWARE and the Support Services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE or any other subject matter covered by this EULA. To the extent the terms of the NotaryAct Terms of Use and Privacy Policy as defined on NOTARYACT’s website www.notaryact.com conflict with the terms of this EULA, the terms of this EULA shall control.
If you have questions, comments or concerns about this EULA, please contact us by email at
support@NotaryAct.com or postal mail at:
NOTARYACT
1887 Main Street
Washougal, WA 98671 USA
Attention: Customer Support
1-(800) 566-9769
By clicking Accept below, I acknowledge that I have read this EULA and that I agree to be bound to all of the terms and conditions of this EULA.
