Terms of Use Effective Date: July 1, 2015

Welcome to the NotaryCam, Inc., web site (the “Site”). Please review the following terms of use (“TOU”) concerning your use of this Site. By accessing, using or downloading any materials from the Site, you agree to follow and be bound by the TOU. 

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.

  1. 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.

  1. PRIVACY POLICY

NotaryCam, Inc. takes the privacy of our customers very seriously. We promise responsible handling of all sensitive and personal customer information. We encourage you to review our complete Privacy Policy here to be informed of how we collect, use and protect your information.

  1. COPYRIGHT & TRADEMARK RIGHTS

NotaryCam, the NotaryCam logo, and the Site are all property of NotaryCam, Inc.   Other trademarks, product names and company 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.

  1. OUR SERVICE

The NotaryCam service (the “Service”) is an Internet-based, remote electronic notarization 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 info@notarycam.com 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.

  1. USER INFORMATION

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.

  1. USER CONDUCT

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; 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.

Users who submit testimonials may be granted one non-transferable free notarization.  No user may provide multiple testimonials to receive multiple free notarizations.

  1. INDEMNIFICATION

You agree to indemnify, defend and hold NotaryCam, Inc. and its successors and assigns, directors, officers, employees, representatives, agents, licensors and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of the Services or (b) your breach or violation this Agreement. NotaryCam, Inc. reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.

  1. DISCLAIMER AND LIMITATION OF LIABILITY

ALL INFORMATION ON THIS SITE IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NOTARYCAM, INC. DOES NOT MAKE ANY GUARANTY OR ASSURANCE THE SERVICE WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.  NOTARYCAM, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

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.

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.

  1. GOVERNING LAW; MISCELLANEOUS

These TOU contain the entire understanding and agreement between you and NotaryCam, Inc. concerning the Service and supersedes any and all prior or inconsistent understandings relating to the Service and your use thereof.  If any provision of these TOU is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these TOU shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision that must survive in order to allow us to enforce its meaning shall survive the termination of these TOU; however, no action arising out of these TOU or your use of the Service, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose). The failure of NotaryCam, Inc. to exercise or enforce any right or provision of these TOU will not operate as a waiver of such right or provision.

These TOU and your use of the Service is governed by, construed and enforced in accordance with the internal substantive laws of the State of Virginia (notwithstanding the state’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in Virginia, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in Alexandria, Virginia and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.