Terms of Use

Last modified: June, 2023

THESE TERMS INCLUDE LIMITATIONS ON NOTARIES 24-7’ LIABILITY AND YOUR AVAILABLE REMEDIES IF WE EVER HAVE A LEGAL DISPUTE. THIS INCLUDES A CLASS ACTION WAIVER AND AN ARBITRATION CLAUSE, WHICH MEANS WE AGREE TO HAVE DISPUTES RESOLVED ON AN INDIVIDUAL BASIS BY A NEUTRAL ARBITRATOR RATHER THAN BY A JUDGE OR JURY IN COURT (THOUGH THE AGREEMENT STILL ALLOWS SMALL COURT CLAIMS). PLEASE SEE SECTION 16 BELOW FOR MORE INFORMATION.

 

Notaries 24-7 User Terms of Use

Welcome to Notaries 24-7, Inc. (“Notaries 24-7,” “we,” “us,” or “our”). Please read on to learn the terms, rules, and restrictions (“Terms of Use” or “Terms”) that govern your (“You” or “Your” or “User”) use of our website (www.Notaries247.com) or any other websites of Notaries 24-7 (collectively, the “Website”) and Your use of our online platform (“Platform” or “Platforms”) or resources available or enabled via, or that interact with, the Website. The Platform and Website collectively make up the services offered by Notaries 24-7 (the “Services”). 

You are a user of Notaries 24-7’ service and are either an individual that has been invited or authorized by Customer (as defined below) to utilize the Services through an account controlled by the Customer. You represent that You have read, understand, and agree to be bound by the Terms and that You have the authority to enter into the Terms personally or on behalf of the entity You named as the user, and to bind that entity to the Terms. You also represent that You have read, understand, and You also agree to be bound by Notaries 24-7’ Acceptable Use Policy and Privacy Policy.

The Terms (including the Supplemental Notary Terms) constitute a legally binding agreement between You and Notaries 24-7 governing Your use of Notaries 24-7’ Services. If You do not agree to these Terms, You must cease using the Services immediately.

These Terms of Use do not create and are not intended to create any rights in third-parties, and Notaries 24-7 disclaims any intent to create third-party beneficiary rights by these Terms of Use, the Supplemental Notary Terms, or Notaries 24-7’ Acceptable Use Policy and Privacy Policy.

We may, from time to time, modify these Terms. If so, we will post the updates on the Website. If You do not agree to, or cannot comply with, the updated Terms, You must stop using the Services. The updated Terms will take effect after their posting and will apply on a going-forward basis, unless otherwise provided in a notice to You, and except as provided in the Mandatory Arbitration and Class Action Waiver Section of these Terms. Your use of the Services after an update constitutes Your acceptance of the updated Terms.

 

Notaries 24-7 User Terms of Use

  1. ELIGIBILITY 
  2. CUSTOMERS AND SERVICES
  3. USER GENERATED CONTENT
  4. UNDERSTANDING NOTARIES 24-7’ RELATIONSHIP WITH NOTARIES WHO USE ITS SERVICES
  5. PLATFORM ACCESS
  6. VERIFICATION AND COMMUNICATIONS
  7. E-SIGNING DOCUMENTS
  8. PRIVACY
  9. NO WARRANTIES
  10. GENERAL RELEASE FROM THIRD-PARTY CONDUCT, INCLUDING NOTARIES
  11. LIMITATION OF LIABILITY
  12. INDEMNIFICATION.
  13. THIRD PARTY SOFTWARE AND LICENSES.
  14. OWNERSHIP
  15. TERM & TERMINATION
  16. ARBITRATION AND WAIVER OF REPRESENTATIVE-CAPACITY CLAIMS LIKE CLASS ACTIONS
  17. MISCELLANEOUS.

 

 

Notaries 24-7 Acceptable Use Policy

  1. ELIGIBILITY

    You agree that by using the Services You are at least 18 years of age, You are resident of the United States, and You are legally able to enter into a contract. If You do not meet these Eligibility requirements, You do not have permission to access the Services. If Notaries 24-7 has previously prohibited You from accessing the Services, You do not have permission to access the Services unless expressly reauthorized by Notaries 24-7.
  2. CUSTOMERS AND SERVICES

Notaries 24-7 User.  Notaries 24-7 provides mobile and RON (Remote Online Notarization) services.

  1. Customers. This term refers to (a) title, escrow and any other customers that use Notaries 24-7’ notary scheduling services to help their Signers sign documents for loan, real estate closings, and (b) lenders using the Services to enable loan closings or other transactions, including secondary market transactions. (c) Debt Consolidation services needing face to face documents signed. (d) employers needing employment documents signed (except in the state of TX). Customers access to the Services through separately negotiated agreements (“Master Service Agreement”) that govern their relationship with Notaries 24-7—not these Terms.
  2. Signers. Individuals and entities who need documents notarized or otherwise signed with id verification and working with Customers to complete their transactions (“Signers”).
  3. Participants. Other parties related to a particular closing or transaction (like real-estate agents and others not employed by a Customer) seeking to monitor the signing of documents by the Signers with the Customer’s permission (“Participants”).
  4. Notaries.  Individual notary signing agents seeking to schedule or accept requests signing appointments (“Signing Appointments”).

Our Services.

Our Services include, but are not limited to:

  1. Notaries 24-7’ is a Mobile Notary Signing service that enables Customers to invite Signers and Participants to schedule and participate in loan closings; and
  2. Notaries 24-7’ Scheduling Platform and related products and services enabling Customers to schedule transactions that may require notary services;
  1. USER GENERATED CONTENT

    “User Generated Content” means any and all information and content that You submit to or use in connection with the Services, including uploaded documents, statements, invoices, messages, calls, and signing requests.

You are responsible for Your User Generated Content. You assume all risks associated with the use of Your User Generated Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of Your User Generated Content that makes You or any third party personally identifiable.

Notaries 24-7 reserves the right in its sole discretion to pre-screen, refuse, or remove any User Generated Content without prior notice to You. You acknowledge that we have no obligation to pre-screen, monitor, review or edit Your – or anyone else’s – User Generated Content, and that we have no responsibility or liability related to the accuracy of User Generated Content.

By accessing and using the Services, You:

  1. Acknowledge and agree that when You submit certain User Generated Content it may be accessed by or shared with others, including a Signer, Customer, Notary or Participant;
  2. Represent and warrant that Your User Generated Content does not violate the Acceptable Use Policy, and agree that we have a right (but not a duty) to review, edit, and monitor User Generated Content for the purpose of operating and improving the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes, analytics, and advertising), ensuring Your compliance with these Terms. You further agree that we have a right (but not a duty) to review, monitor, and share User Generated Content to comply with applicable law, court orders, consent decrees, administrative agency or other governmental body or law enforcement requests;
  3. Represent and warrant that the User Generated Content You provide contains information that You are allowed to provide without violating any obligations You might have to a third party, including any confidentiality obligations; and
  4. Agree that You are responsible for creating backup copies of Your User Generated Content if You desire. You agree that Notaries 24-7 has no responsibility or liability for the deletion of any User Generated Content, the failure to store, transmit, or receive transmission of User Generated Content, or the security, privacy, storage, or transmission of other communications, including scheduling alerts originating with or involving use of the Platform.
  1. UNDERSTANDING NOTARIES 24-7’ RELATIONSHIP WITH NOTARIES WHO USE ITS SERVICES

    Notaries 24-7’s Services

Notaries 24-7’s Notary services provide a method for Customers to create orders to request notary services. 

Notaries 24-7 does not:

  • control the quality, safety, or legality of any aspect of the Notary services;
  • control the ability of Notaries to provide the notary signing services;
  • supervise, direct or control a Notary’s work or services performed in any manner;
  • set Notary work hours and location of work;

For the avoidance of doubt, Notaries 24-7 clarifies that Notaries are not Notaries 24-7’ employees. Notaries do not have authority to enter into written or oral—whether implied or express—contracts on behalf of us. 

We disclaim all liability arising from or related to any such agreements between Customers and Notaries outside of the parameters of the order as it is requested in the Platform or Website.

  1. PLATFORM ACCESS 

To access a document to sign, or access the Platform or Website, You may be asked to provide certain information about Yourself as prompted by the access process. You are responsible for maintaining the confidentiality of Your login information and any information You access using the Platform or the Services. You agree to immediately notify Notaries 24-7 of any unauthorized use or suspected unauthorized use.

Reservation of Rights. Notaries 24-7 reserves the right, in its sole discretion, to suspend or terminate Your access and refuse any and all current or future use of the Services if You violate these Terms of Use, the Acceptable Use Policy or the Privacy Policy. You agree that Notaries 24-7 will not be liable for any claim, injury, or damage arising in connection with any suspension or termination of Your access or any such refusal of any use of the Services (or any portion thereof).

Audit Trails.  You acknowledge and agree that Notaries 24-7 may create an audit trail on Your transactions and activity on our Platform and/or Website. You acknowledge and agree that any audit trails created by Notaries 24-7 may not be admissible in a court of law. We do not warrant or guarantee that any audit trails are legally binding.

Necessary Equipment. You must provide all equipment and software necessary to connect to the Services, including but not limited to, a computer that is suitable to connect with and use the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that You incur when accessing the Services.

 

  1. VERIFICATION AND COMMUNICATIONS

Identity Verification. You authorize us, directly or through third parties, to make any inquiries we consider necessary to help verify Your identity or prevent fraud while using the Services. This may include asking You to provide a form of government identification (e.g., driver’s license or passport), photograph (including biometric data), Your date of birth, and other information requiring You to take steps to confirm ownership of Your email address or other accounts.

Verification of Your Signature. You authorize us, directly or through third parties to verify that a signature belongs to You by using Your personal information, for example information related to Your access, login credentials, email verification, and IP address.

You acknowledge that Notaries 24-7 is not required to confirm or attempt to confirm any particular User, Customer or Notary’s purported identity, and we make no warranties or guarantees as to the identity of such person using the Services—aside from the limited credential check service we provide Notaries who apply to be Verified, see Section 4.  We do not endorse any persons or entities who use or register for the Services.

SMS Text Terms. If You opt-in to receive SMS Text updates regarding Your access or Your transaction, the following terms apply.

  1. When You opt-in to receive SMS Text updates, You will receive a message to confirm Your signup. Message and data rates may apply.  Text “HELP” for help. Text “STOP” to cancel.
  2. You can cancel the SMS Text services at any time. Just text “STOP.” After You send the message “STOP,” You will receive a reply message to confirm that You have been unsubscribed. After this, You will no longer receive messages. If You want to join again, just sign up as You did the first time.
  3. Participating carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, Wireless (lowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Carriers are not liable for delayed or undelivered messages.

 

  1. E-SIGNING DOCUMENTS

Notaries 24-7 provides Users with access to a third-party electronic signature solution (“E-Sign Solution”) for signing documents as part of the Services, including notarized documents. Notaries 24-7 complies with the requirements of the U.S. Electronic Signature in Global and National Commerce Act of 2000 (“ESIGN”) and Uniform Electronic Transactions Act (“UETA”). By using the E-Sign Solution, You agree to transact business using electronic communications, electronic records, and electronic signatures rather than using paper documents to communicate, keep records, and sign. You acknowledge and agree that legislation such as ESIGN and UETA have provided electronic signatures the legal equivalence of handwritten signatures on paper. You agree not to electronically sign a document without first reading and understanding it, thus demonstrating that You are able to access the electronic information contained within the document before signing. You acknowledge and agree that You are not required to use our E-Sign Solution or electronically sign documents. Notaries 24-7 does not make any warranties or guarantees as to the enforceability of ESIGN and UETA for transactions and documents.

 

  1. PRIVACY

Please review our Privacy Policy, loacted at www.Notaries247.com/privacy-policy which describes our practices regarding personal information.

You acknowledge and agree that we may access, preserve, or share any of Your information when we believe in good faith that it is reasonably necessary to investigate, prevent, or take action regarding possible illegal activities or to comply with legal or regulatory obligations. We may also access, preserve, or share Your information in situations involving potential threats to the physical safety of any person, or violations of the Privacy Policy, Acceptable Use Policy, or these Terms of Use (including the Supplemental Notary Terms); or to respond to claims of violation of the rights of third parties and/or to protect the rights, property and safety of Notaries 24-7, our employees, Customers, Users (including Notaries), or the public. This may involve the sharing of Your information with law enforcement, government agencies, courts, and/or other organizations.

 

  1. NO WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT NOTARIES 24-7 PROVIDES ITS SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS “WITH ALL FAULTS,” AND NOTARIES 24-7 EXPRESSLY DISCLAIMS WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW, NOTARIES 24-7 DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS ARISING BY LAW, STATUTE, REGULATION, OR ORDINANCE, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NOTARIES 24-7 DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL CODE. YOU BEAR THE ENTIRE RISK OF USING NOTARIES 24-7’ SERVICES.

SPECIAL DISCLAIMER REGARDING NOTARIES.  ASIDE FROM THE REVIEW NOTARIES 24-7 CONDUCTS TO QUALIFY A NOTARY AS VERIFIED, SEE SECTION 4, NOTARIES 24-7 MAKES NO REPRESENTATION TO YOU REGARDING NOTARIES WHATSOEVER, INCLUDING THAT ANY NOTARY WILL ADEQUATELY DISCHARGE HIS/HER DUTIES. YOU ACKNOWLEDGE THAT NOTARIES 24-7 DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY SERVICES PROVIDED BY A NOTARY, ANY FAILURE TO PROVIDE SUCH SERVICES, OR THE CONDUCT OF ANY NOTARY WITH WHOM YOU INTERACT. YOU BEAR THE ENTIRE RISK OF SELECTING AND USING A NOTARY.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NOTARIES 24-7 OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY OR CONDITION.

 

  1. GENERAL RELEASE FROM THIRD-PARTY CONDUCT, INCLUDING NOTARIES

When interacting with other Users, Customers or other third parties, You should exercise caution and common sense to protect Your personal safety and property, just as You would when interacting with other persons whom You don’t know. Your own conduct must also comport with Notaries 24-7 Acceptable Use Policy.

NOTARIES 24-7 RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO (1) MONITOR INTERACTIONS BETWEEN USERS (INCLUDING NOTARIES), CUSTOMERS, AND OTHER PARTIES USING THE SERVICES, OR (2) INTERVENE IN OR RESOLVE ANY DISPUTES BETWEEN USERS, CUSTOMERS, AND OTHER PARTIES, REGARDLESS OF WHETHER YOU REQUEST IT. YOU AGREE THAT YOUR CONDUCT ON OUR SERVICES IS GOVERNED BY THE NOTARIES 24-7 ACCEPTABLE USE POLICY.

WAIVER OF CALIFORNIA CIVIL CODE SECTION 1542: IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

THE RELEASES IN THIS SECTION DO NOT APPLY TO CLAIMS, DEMANDS, LOSSES, DAMAGES, RIGHTS, OR ACTIONS, INCLUDING PERSONAL INJURIES, DEATH OR PROPERTY DAMAGE, AS A RESULT OF AN UNCONSCIONABLE COMMERCIAL PRACTICE BY NOTARIES 24-7 OR FOR NOTARIES 24-7’ KNOWING AND INTENTIONAL FRAUD, DECEPTION, FALSE PROMISE, MISREPRESENTATION OR CONCEALMENT, SUPPRESSION, OR OMISSION OF ANY MATERIAL FACT IN CONNECTION WITH THE SERVICES.

 

  1. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF THE USE OF OUR SERVICES REMAINS WITH YOU. YOU AGREE THAT NEITHER NOTARIES 24-7 NOR ANY OTHER PERSON OR ENTITY THAT USES OR BENEFITS FROM THE SERVICES WILL BE LIABLE FOR INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR HARMS ASSOCIATED WITH THE LOSS OF DATA OR LOSS OF GOODWILL, AND LOSSES ASSOCIATED WITH SERVICE INTERRUPTION OR SYSTEM FAILURE. THIS ALSO INCLUDES ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES.

THESE LIMITATIONS APPLY TO ANY AND ALL CLAIMS YOU MAY HAVE RELATED TO NOTARIES 24-7’ SERVICES, THESE TERMS (INCLUDING THE SUPPLEMENTAL NOTARY TERMS), NOTARIES 24-7’ PRIVACY POLICY, OR NOTARIES 24-7’ ACCEPTABLE USE POLICY. THEY APPLY REGARDLESS OF THE LEGAL THEORY UPON WHICH YOUR CLAIM IS BASED—LIKE WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THEY APPLY WHETHER OR NOT NOTARIES 24-7 KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGE. AND THEY APPLY EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IF, DESPITE THE DISCLAIMERS, LIMITATIONS, AND RELEASES IN THESE TERMS, YOU HAVE A LEGITIMATE CLAIM FOR DAMAGES AGAINST US (INCLUDING FOR A BREACH OF THESE TERMS), YOUR EXCLUSIVE REMEDY IS TO RECOVER—WHETHER FROM NOTARIES 24-7 OR FROM ITS AFFILIATES AND LICENSORS—UP TO THE AMOUNTS YOU PAID FOR NOTARIES 24-7’ SERVICES DURING THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY (OR UP TO ONE HUNDRED U.S. DOLLARS ($100) IF NO SUCH PAYMENTS HAVE BEEN MADE).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THOSE LIMITATIONS MAY NOT APPLY TO YOU.

 

  1. INDEMNIFICATION.

You agree to defend, indemnify and hold harmless Notaries 24-7, and its respective suppliers, licensors, officers, directors, employees and agents from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) from third-party claims arising from or relating to (i) Your use of the Services; (ii) Your breach of these Terms (including the Supplemental Notary Terms), (iii) Your breach of applicable law or regulations, and (iv) Your submission, posting, use or transmission of any personal information (including User Generated Content) to or from the Platform.

Notaries 24-7 reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Notaries 24-7, and You agree to cooperate with the defense of these claims. You agree not to settle any matter without the prior written consent of Notaries 24-7. Notaries 24-7 will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it unless doing so would violate the law or court order. You must do the same if you become aware of anything. This provision does not require You to indemnify Notaries 24-7 and its respective suppliers, licensors, officers, directors, employees or agents for an unconscionable commercial practice by such party or for such party’s knowing and intentional fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Platform.

 

  1. THIRD PARTY SOFTWARE AND LICENSES.

Portions of the Platform may include software that we license from third parties (“Third Party Software“), which may be subject to various “open source” or commercial licenses. Notaries 24-7 has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, practices of, or opinions expressed in, any third-party websites or by any third party that You interact with through or on the Platform. You agree that Notaries 24-7 is not liable to You or others for the information or services provided by any such Third Party Software.

Third Party Software is subject to the terms and conditions imposed by the licensors of that Third Party Software (“Third Party Terms”). You should review them. You agree that Your use of Third Party Software is subject to and governed by the related Third Party Terms, but those Third Party Terms do not alter these Terms of Use, the Supplemental Notary Terms, the Privacy Policy, or the Acceptable Use Policy.  We do not make any warranty with respect to Third Party Software.

 

  1. OWNERSHIP

Your Ownership. You own Your User Generated Content. Subject to these Terms, You grant us and any Notaries 24-7 employee, contractor, vendor or servicer, a worldwide, non-exclusive, irrevocable, perpetual, royalty-free license to access, process, copy, distribute, perform, export, display or otherwise use Your User Generated Content (in whole or in part), for the purposes of improving, operating and providing the Platform and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Generated Content.

Notaries 24-7 Ownership. We own and will continue to own our Services, including all related intellectual property rights. We grant You a non-sublicensable, non-transferable, non-exclusive, limited license to use the Services. All of our rights not expressly granted by this license are hereby retained by Notaries 24-7.

 

  1. TERM & TERMINATION

Term. These Terms (including the Supplemental Notary Terms) shall become effective on the date that You first register, access, or use the Services. These Terms shall continue in full effect until terminated or updated, as set forth above.

Termination. Termination is set forth in the MSA. If you do not have an MSA in place you may terminate Your relationship with us at any time by unregistering Your Account or discontinuing Your use of the Platform. We may suspend or terminate Your rights to use the Platform (including Your Account) or Services at any time for any reason at our sole discretion, including for any use of the Platform or Services in violation of these Terms (including the Supplemental Notary Terms). Grounds for such termination shall include, but not be limited to, (a) breaches or violations of these Terms (including the Supplemental Notary Terms) or other agreements, (b) requests by law enforcement or government agencies, (c) discontinuance or material modification of the Website (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) activities related to protecting the rights, property, or safety of Notaries 24-7, our agents and affiliates, or our users and the public, (g) providing any information that is false, inaccurate, out-of-date, or incomplete or (h) the request of a Customer.

Effect of Termination. Upon termination of these Terms (including the Supplemental Notary Terms): (i) the license granted to You hereunder will immediately and automatically expire; (ii) Your right to access and use the Platform or Services will terminate immediately; and (iii) You will cease any and all use of the Platform and Services. Certain provisions of these Terms will still apply post-termination, including without limitation, the arbitration clause and class action waiver provision, warranty disclaimers, and limitations of liability and remedies.

You understand that any termination or cancelation of Your access may involve the deletion of data associated with Your access or use of the Services from our databases. You understand that Notaries 24-7 may deactivate Your access upon termination, but may retain all data associated with You and use it in accordance with these Terms and Privacy Policy.

 

  1. ARBITRATION AND WAIVER OF REPRESENTATIVE-CAPACITY CLAIMS LIKE CLASS ACTIONS

Please read this Section carefully. It requires You and us to resolve disputes through mandatory individual binding arbitration before JAMS under the Federal Arbitration Act. By agreeing to arbitration, You waive Your right to sue in court before a jury or judge. Instead, You and we agree to have our disputes decided by an arbitrator. The arbitrator’s decision will be final, though the Federal Arbitration Act permits parties a limited right of review. In addition, this Section also confirms that You will never file class action lawsuits, engage in class-wide arbitrations, seek public injunctions, seek to join claims or proceedings without the consent of all parties, or pursue any other proceeding or request any relief against us where You act as a representative for others. We confirm the same if we have a dispute with you.

  1. This Section Covers Almost Everything—IP Disputes are The Sole Exception. You and we agree that this Section applies to any dispute or claim relating in any way to these Terms (including the Supplemental Notary Terms), Your use of the Services, or our relationship—except it does not apply to disputes concerning infringement or other misuse of our or Your (or either parties’ licensors’) intellectual property rights. You or we may sue in court to enjoin infringement or other misuse of intellectual property.
  2. You or We Can Still Sue In Small Claims Court, But Only For Individualized Relief. Both You and we have the option to sue the other party in small claims court in lieu of arbitration if the action meets the small claims court’s prerequisites. The small claims court must be in the County of San Francisco, California, or in the county where You reside or (for businesses) where Your principal place of business is. If You sue in small claims court, You must still only pursue an individual claim and seek individualized relief. The waiver of class actions and other representative actions and relief still applies.
  3. Arbitration Procedure. At least 60 days before beginning an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to Notaries 24-7 at info@Notaries247.com. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. To initiate an arbitration, please follow the instructions at https://www.jamsadr.com/submit/. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. If JAMS is not available to arbitrate, You and we will select an alternative arbitral forum. If you and we cannot agree, the American Arbitration Association will arbitrate under its Consumer or Commercial Arbitration Rules.
     If the arbitrator finds that You cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and You cannot obtain a waiver from JAMS, Notaries 24-7 will pay them for You. In addition, Notaries 24-7 will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $1,000 unless the arbitrator determines the claims are frivolous. Likewise, Notaries 24-7 will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines the claims are frivolous.
     At the end of the arbitration, the arbitrator will issue an award resolving the dispute. Any judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. If You prevail on Your claims, the arbitrator is authorized to provide for the same amount of damages to You individually as a court could award. The arbitrator can also award declaratory or injunctive relief, so long as that relief is tailored to resolve Your individual claim. You and we agree that the arbitrator cannot provide any relief that would impact non-parties.
     You can contact JAMS by filling out and e-submitting the form available here: https://www.jamsadr.com/contact. 
  4. Severability. If any part of this Section is found unenforceable as to any legal claim or request for remedy, then You and we agree to arbitrate the remaining claims and remedies before litigating the unenforceable claims and remedies in court. If any other part of this Section is found unenforceable, the remainder will remain in effect, but only individual arbitrations seeking individual relief that does not affect others may take place. You and we agree that any arbitration award must be issued before any court proceeding begins.
  5. Thirty-Day Right to Reject Changes to This Section. You have the right to reject any changes to this Arbitration Agreement by sending written notice of Your decision to info@notaries247.com within thirty (30) days after the change. Your notice must include Your name and address, and the email address You used to set up Your Account. If You do so, the prior version of the arbitration agreement will apply to You.
  6. Survival. This Section will survive the termination of Your relationship with Notaries 24-7.
  7. Emergency Equitable Relief Available. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Section.

  1.  MISCELLANEOUS.
     

Disclosures. If You are a California resident, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Notice. The communications between You and Notaries 24-7 use electronic means, whether You use the Services or send us emails, or whether Notaries 24-7 posts notices on the Website or Platform or communicates with You via email. For contractual purposes, You (i) consent to receive communications, including notifications, from Notaries 24-7 in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Notaries 24-7 provides to You electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect Your non-waivable rights.

Choice of Governing Law & Forum for Disputes Not Covered by the Arbitration Section. Any dispute or claim relating in any way to Your use of the Services will be governed and interpreted by and under the laws of the state in which You reside or (for businesses) Your principal place of business regardless of conflict of law principles, except that the Federal Arbitration Act governs everything related to arbitration. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or Supplemental Notary Terms.

You agree to submit to the personal jurisdiction and exclusive venue of the state courts in San Francisco County, California, and federal courts located in the Northern District of California for all disputes that are not resolved in arbitration or small claims court.

Waiver. No waiver by Notaries 24-7 of any term or condition set out in these Terms or Supplemental Notary Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Notaries 24-7 to assert a right or provision under these Terms or Supplemental Notary Terms shall not constitute a waiver of such right or provision.

Severability. If any provision of these Terms or Supplemental Notary Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms or Supplemental Notary Terms will continue in full force and effect. Subsection 16.D applies to arbitration and prevails over this Severability paragraph if inconsistent with it.

Entire Agreement. These Terms of Use, the Supplemental Notary Terms, the Acceptable Use Policy and our Privacy Policy constitute the sole and entire agreement between You and Notaries 24-7, Inc. regarding the Services. They supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

Survival. Even after Your rights under these Terms or Supplemental Notary Terms are terminated, all provisions of these Terms or Supplemental Notary Terms which by their nature should survive, will survive—including, without limitation, ownership provisions, warranty disclaimers, arbitration and limitations of liability.

YOUR COMMENTS AND CONCERNS. If You have any questions or concerns regarding these Terms, please contact us at: Info@Notaries247.com.


 Notaries 24-7 Acceptable Use Policy

 

This Acceptable Use Policy sets out a list of unacceptable conduct and content on our Platform. “You”, “Your” as provided herein refers to any person, user, customer, entity, agent, notary or other person or entity accessing our Services or other Notaries 24-7-owned property.

As a condition of the use of our Platform and Services, You agree not to use the Services for any purpose that is prohibited by this policy or by applicable law.  If we believe a violation of the policy exists or presents a credible risk of harm to other users, our customers, the Platform or any third parties, we may suspend or terminate Your access. This policy may change so please check back for updates.

PROHIBITED USES

You will not (and will not permit any third party to) either (i) take any action that or (ii) make available any User Generated Content on or through the Platform that:

  1. violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  2. is unlawful, threatening, abusive, harassing, harmful, defamatory, trade libelous, deceptive, fraudulent, false, intentionally misleading, pornographic, invasive of another’s privacy, tortious, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual), vulgar, profane or otherwise objectionable material of any kind or nature or which is harmful to minors in any way or which may create risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You or to any other person or may constitute a crime or tort;
  3. violates Notaries 24-7’ agreements with its customers (including the Terms of Use, Supplemental Notary Terms, and Privacy Policy);
  4. contains any information or content that is not correct and current;
  5. is in violation of any laws, or obligations or restrictions imposed by any third party;
  6. constitutes unauthorized or unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
  7. involves commercial activities and/or sales without Notaries 24-7’ prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  8. impersonates any person or entity, including any employee or representative of Notaries 24-7, or falsifies or misrepresents Yourself, Your credentials, or Your affiliation with any person or entity;
  9. interferes with or attempts to interfere with the proper functioning of the Platform or uses the Platform in any way not expressly permitted by the Terms of Use, Supplemental Notary Terms, or Privacy Policy;
  10. bypasses the measures we may use to prevent or restrict access to the Platform, including, but not limited to, registering for the Platform with a fraudulent email address;
  11. uses the Platform for benchmarking purposes or to develop any software, product or service that is the same as, substantially similar to, or competitive with the Platform;
  12. harasses or interferes with another individual’s use and enjoyment of the Platform;
  13. modifies, creates a derivative work of, reverse engineers, decompiles or disassembles the Services except to the extent permitted by applicable law and, in such an event, provided You first give us written notice thereof;
  14. harvests, collects, gathers, assembles, or shares outside of the Services information or data regarding other users (including their User Generated Content), including e-mail addresses, without their consent;
  15. removes, defaces, obscures, or alters the Services, or any third parties, copyright notices, trademarks, or other proprietary rights notices affixed to or provided as part of the Services; or
  16. attempts to engage in or engages in, any potentially harmful acts that are directed against the Platform, including but not limited to violating or attempting to violate any security features of the Platform, using manual or automated software or other means to access, monitor, “scrape,” “crawl” or “spider” any pages contained in the Platform, uploading invalid data, introducing viruses, worms, or any software intended to damage or alter a computer system or data, interfering with, disrupting, or creating an undue burden on servers or networks connected to the Platform or violate the regulations, policies or procedures of such networks, attempting to gain unauthorized access to the Platform, other computer systems or networks connected to or used together with the Platform, through password mining or other means.

COPYRIGHT INFRINGEMENT CLAIM

It is Notaries 24-7’ policy to respect the legitimate rights of copyright and other intellectual property owners, and we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. Should You believe that content available via the Services unlawfully infringes one or more of Your copyrights and You wish to have the infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  2. identification of the copyrighted work claimed to have been infringed;
  3. a description of the nature and exact location of the content that You claim to infringe Your copyright, in sufficient detail so to allow Notaries 24-7 to locate and identify such content;
  4. Your name, address, telephone number and email address;
  5. a statement that You have a good faith belief that the use of the material in the manner described in Your Complaint is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the Complaint is accurate and that You are either the copyright owner or a person authorized to act on their behalf.

Notaries 24-7 designated Copyright Agent is: info@Notaries247.com

You acknowledge that for us to be authorized to take down any content, Your DMCA takedown notice must comply with all the requirements of this policy. Please note that a copy of Your complaint, including any contact information You provide (address, telephone number, and email address), will be forwarded to the person or entity whose content You claim infringes Your right.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.