Terms of Service
Welcome to the NotaryCam, Inc., website (the “Site”).
If you do not agree with any of these terms and conditions, do not use the Site.
By utilizing this Site, you understand and agree that information about you and your transaction will be shared with other companies for the purpose of processing your transaction, including credit card processing and identity verification vendors. Further, by using our services, you understand and agree that we and/or our service providers may communicate with you regarding the services. You may also receive periodic e-mail messages from us. All such e-mails will allow you the opportunity to opt-out from receiving subsequent e-mail messages.
THESE TERMS AND CONDITIONS MAY CHANGE
NotaryCam, Inc. reserves the right to update or modify these TOU at any time without prior notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the TOU as changed. For this reason, we encourage you to review these TOU whenever you use this Site.
COPYRIGHT & TRADEMARK RIGHTS
NotaryCam, the NotaryCam logo, and the Site are all property of NotaryCam, Inc. Other trademarks, product names and NotaryCam names or logos used on this site are the property of their respective owners. All images, graphics, text and other content used in connection with the Site are protected by trademark, copyright and other proprietary laws and treaty provisions. You may not download (except where invited), reproduce, modify, publish, distribute, transmit, transfer, sell or modify any portion of this Site without our express written authorization.
The NotaryCam service is an Internet-based, remote electronic notarization service (the “Service”). It allows visitors from anywhere in the world to notarize a document in compliance with applicable United States laws, including legislation from the Commonwealth of Virginia which allows Virginia notaries to legally notarize any signature via audio-video technology, and United States federal and state legislation that provides that electronic records and signatures carry the same weight and legal effect as traditional paper documents and handwritten signatures
The Site includes instructions for accessing the Service and completing a transaction, which may include one or more of the following steps: (i) you provide requested biographical information; (ii) you create a unique password; (iii) you respond to a series of questions that allows us to confirm your identity; (iv) you upload a scanned copy of the document that you wish to notarize; (v) you follow the instructions on the site to interact with a live notary; (vi) you engage in an on-line, recorded video chat with the notary, during which time he or she will ask questions, review your identification, witness your signature, then provide a notarial seal; (vii) you pay the required fee; and (viii) you download the notarized document.
In the event that your identity cannot be confirmed, or you are unable or unwilling to complete the process to properly notarize your document; or the live notary determines, in his or her sole discretion, not to proceed with the notarial process, then you will not be required to pay any fee and your session will be terminated.
If you commence but do not complete a transaction on the Site, NotaryCam, Inc. may contact you in an effort to assist you with the completion of the transaction.
If you are not satisfied with the Service, NotaryCam, Inc. provides a 60-day, money back guarantee.
If at any time you have questions about the Site or the Service, you can reach us via e-mail to firstname.lastname@example.org or by telephone at (800) 931-7423.
NOTARYCAM, INC. AND THE NOTARIES ON OUR PLATFORM DO NOT PROVIDE LEGAL SERVICES OR ADVICE, AND DO NOT AND WILL NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.
Although NotaryCam, Inc. attempts to provide accurate information on the Site, it assumes no responsibility for the accuracy of the information. NotaryCam, Inc. may change the Services or prices mentioned at any time without notice. NotaryCam, Inc. may periodically make changes to the Site.
In order to access and use certain content, features, or functionality of the Site and Service, we require that you register by providing your name, creating a password, and providing certain additional information, which may include, without limitation, your email address, legal name, date of birth, country of residence, zip code, your physical address, telephone number(s), applicable payment data and information. You represent and warrant that all registration and account information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. Further, you are responsible for maintaining the confidentiality of your password, and you shall be responsible and liable for any access to or use of the Service by you or any person or entity using your password, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent, including, without limitation, any fee-based transactions. We reserve the right to deny access, use and registration privileges to any user of the Service if we believe there is a question about the identity of the person trying to access the Service. NotaryCam, Inc. shall not be responsible or liable for any loss or damage arising from your failure to comply with this section.
By using the Site and the Service, you warrant that you are over 18 years of age, that you are providing NotaryCam, Inc. accurate, truthful information, and that you have the authority to use the Service. NotaryCam, Inc. reserves the right to refuse service for any reason or no reason.
In addition, you agree that, while using the Site and the Service, you shall not:
(a) engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;
(b) submit, post, email, display, transmit or otherwise make available through the Service any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(c) submit, post, email, display, transmit or otherwise make available through the Service any material that you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity;
(d) submit, post, email, display, transmit or otherwise make available through the Service any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(e) modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Service or the rights or use or enjoyment of the Service by any other user;
(f) impersonate any person or entity or falsely state or otherwise represent your affiliation with a person, or entity;
(g) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Service;
(h) solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of other users or other information; or
(i) modify, reverse engineer, decompile or disassemble any part of the Service, whether in whole or in part, or create any derivative works from any part of the Service, or encourage, assist or authorize any other person to do so.
In addition, by using the Service, you:
(a) consent to our methods of identification, authentication, signing, verifying, recording, transmitting, sharing and storing information;
(b) consent to use of an electronic signature, which has the same legal impact and incurs the same legal rights and obligations as with physical ink-to-paper signature, and acknowledge that you have the option to use traditional physical ink-to-paper signature, and are foregoing that option by using the Service;
(c) agree to use digital certificates as a form of signature;
(d) agree to cooperate with requests made by the Service or the notary to effect the proper notarization of your document;
(e) agree to comply with the Uniform Electronic Transactions Act (UETA), the federal Electronic Signatures in Global and National Commerce Act (ESIGN) and the Virginia Notary Act or other state notary laws and regulations governing the notary you are served by; and
Users in the European Union and other countries outside the United States understand and consent to the processing of their personal information in the United States.
You expressly acknowledge that we cannot control who might accept your notarized documents using the Service and that we are not liable for any document that is not accepted..
NOTARIZATION RIGHTS AND GRANTS
A notary session (“the Session”) using the Service creates a file that is stored by us and other authorized persons under contract or by law electronically. The file may contain data that is used or collected during your Session comprising account information, identity-related information, photos, images, documents, session information, notary journal information, audio and video recording of the Session, credential information and other information collected in the Session (“collectively Information”).
You understand and agree that by using the Service that we are not a party to any part of the Session, we are not responsible for retaining any Information for any specified period of time for your use, we do not confirm the legality of electronic signatures, documents and their preparation and legal effect, and that any issues are between you and the commissioned notary in this section.
By using the Service or participating in a Session, you expressly grant us the right to store, record, distribute, alter, copy, or otherwise use in any manner, format and on any device or medium the Information from the Session for any valid legal or business purpose and no charge to us.
By using the Service or participating in a Session, you expressly grant us the right to verify your identity using the Information, databases, credit reports, or other third party or other information with our Service or by third parties using any identify proofing methods, such as forensics, knowledge-based questions, biometrics, in any combination of hardware and software. You expressly grant us the right to store, record, distribute, alter, copy, or otherwise use in any manner on any device or medium the Information from the verification for any valid legal or business purpose.
By using the Service or participating in the Session, you or businesses or partners that offer the services to their customers of clients (“Business”) are granted a limited, non-exclusive, non-transferable, non-sublicensable worldwide license to use the Service for your or the Business use and warrant, represent and covenant will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data directly related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by NotaryCam or authorized within the Services). The grants and rights shall survive for you and the Business so long as you are subscribed to the Service
You have no rights except set forth in the TOU to any Intellectual Property rights and ownership directly or indirectly related to the Service or Site are held by us. “Intellectual Property” means: (i) patents, patent applications and patent rights; (ii) rights associated with works of authorship, including copyrights, copyright applications, copyright registrations, mask work rights, mask work applications and mask work registrations; (iii) any right relating to the existence or protection of trade secrets and confidential information; (iv) design, implementation, schema structure and know-how related to system architecture and conceptual engineering; (v) any right analogous to those set forth above and any other proprietary rights relating to intangible property and (vi) divisions, continuations, renewals, reissues and extensions of the foregoing now existing, hereafter filed, issued, created or acquired.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, NOTARYCAM AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND NOTARYCAM’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO NOTARYCAM FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT NOTARYCAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You will indemnify, defend and hold harmless NotaryCam and all of its direct and indirect officers, directors, employees, agents, successors and assigns (each, an “Indemnified Person”) from any and all third party claims, demands, actions or threat of action (whether in law, equity or in an alternative proceeding), losses, liabilities, damages (including taxes), and all related costs and expenses, including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties (collectively, “Losses”), and threatened Losses due to, arising from or relating to any use of the Services by You or your vendors, agents, suppliers, employees, consultants, referred parties, and the like (“Indemnified Claim”). No settlement or compromise that imposes any liability or obligation on any Indemnified Person will be made without the Indemnified Person’s prior written consent (not to be unreasonably withheld). If You fail to defend an Indemnified Person as provided in this Section after reasonable notice of an Indemnified Claim, You will be bound (i) to indemnify and reimburse the Indemnified Person for any Losses incurred by any Indemnified Person, in its sole discretion, to defend, settle or compromise the Indemnified Claim; and (ii) by the determination of facts common to an action and subsequent action to enforce the Indemnified Person’s reimbursement rights.
You (the “Indemnifying Party”) shall, to the extent permitted by law, indemnify, defend and hold harmless the other NotaryCam and its respective employees, officers, directors, agents and representatives (the “Indemnified Party”) from and against any and all third party liabilities, actual or alleged claims, actions, losses and damages (collectively, a “Claim”) to the extent caused by or arising out of the gross negligence, willful misconduct, or violation of law of the Indemnifying Party or any agent of the Indemnifying Party in the course of its performance under this Agreement, including but not limited to personal injury, death, damage to property (tangible or intangible), infringement of intellectual property rights, and/or injury, sickness, or disease to persons (including death), infringement of civil rights or other tortious acts settlements, judgments, court costs, reasonable attorneys’ fees, fines, penalties and other litigation expenses. This indemnity shall apply to all Claims against the Indemnified Party made or threatened by, or in the name of or on behalf of the Indemnifying Party’s employees which arise in the course of their employment. The Indemnifying Party hereby waives any defense it may otherwise have under applicable workers compensation laws.
DISCLAIMER AND LIMITATION OF LIABILITY
Without limiting the foregoing, NotaryCam, Inc. is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site or Service. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Service.
IN NO EVENT SHALL NOTARYCAM INC.’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED FIFTY ($50) DOLLARS, OR THE AMOUNT ACTUALLY PAID BY YOU IN THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, WHICHEVER IS GREATER. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NOTARYCAM, INC. AND ITS SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR THE SERVICE, OR FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
NotaryCam shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by NotaryCam or by third-party providers, or because of other causes beyond NotaryCam’s reasonable control, but NotaryCam shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, NOTARYCAM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND NOTARYCAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The failure of NotaryCam to perform its respective obligations under this Agreement shall not be deemed a breach of this agreement to the extent that such performance is delayed or prevented in whole or in part by acts of God, fire, floods, storms, explosions, accidents, pandemics, epidemics, war, civil disorder, national emergency or other labor difficulties (including a strike, lockout or other work stoppage), or any law, rule, regulation, order or other action adopted or taken by any federal, state or local government authority or any other cause not reasonably within such party’s control, whether or not specifically mentioned herein, such an event being known as an event of “Force Majeure”. Pandemic means an epidemic disease that is occurring throughout a very wide area, usually several countries or continents, and usually affecting a large proportion of the population.
Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in these TOU may not apply to you.
Governing Law. The Agreement and the relationship between Customer and Company shall be governed by the laws of the State of in which the notary is commissioned without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award, Customer and Company agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California and waive any objection as to venue or inconvenient forum. The failure of Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. No amendment to this Agreement shall be binding unless posted at www.notarycam.com/terms-of-service.
Any dispute or claim between Customer and Company arising out of or relating to this Agreement shall be resolved by binding arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Orange County, California and shall be conducted in English. Questions of arbitrability shall be decided by the arbitrator. The prevailing party shall be entitled to an award of reasonable attorney’s fees and costs of suit. The arbitrator’s decision shall follow the plain meaning of the relevant documents and the decision shall be in writing including the legal reasoning and factual basis for the decision. Judgment upon the arbitrator’s decision may be entered in any court of competent jurisdiction following judicial review, if any, as provided for by law. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. All claims shall be arbitrated individually, and Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND OTHER PROCEDURES INHERENT IN ORDINARY CIVIL LITIGATION. MANDATORY BINDING ARBITRATION FOR NON-CALIFORNIA RESIDENTS.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. No right or interest in this Agreement will be assigned by either Party without the prior written permission of the other Party, which shall not be unreasonably withheld. Notwithstanding the foregoing or anything to the contrary in this Agreement, either Party may, without the other Party’s written consent, assign this Agreement in its entirety to any entity that acquires all or substantially all of such Party’s assets (other than in a bankruptcy proceeding) or a majority of such Party’s outstanding equity securities, or is the surviving entity in any merger; provided that the assignee agrees to be bound by all of the terms and conditions of this Agreement. Any attempted assignment in contravention of this provision will be void and ineffective. The assigning Party shall remain obligated for the performance of this Agreement by any Affiliate. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Company in any respect whatsoever. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.