Please review the following terms of use (“TOU” or “Agreement”) 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 this Site.
US Virtual Notary LLC (“USVN”) is a lead generation company that facilitates the connection between users and notaries via our web-based technology platform (the “Service”). Our site is comprised of the website and underlying source code. The terms “we,” “us,” and “our” refer to US Virtual Notary LLC.
Disclaimer: USVN is not a law firm. We are a lead generation company that uses software to facilitate meetings between internet leads and notaries. We cannot and will not provide legal advice of any kind. Therefore, we cannot provide any advice or recommendation about your legal situation, including, but not limited to, whether your document may be electronically signed and/or notarized or whether your document will be accepted by your intended recipient. In every situation, we strongly recommend that you first check with your intended recipient whether or not they accept remote online notarization (RON) and/or electronic notarization. When in doubt, always check with your attorney.
OUR SERVICE
USVN is a lead generation company that facilitates the connection between users and notaries via our web-based technology platform. We allow visitors from anywhere in the world to find and schedule an appointment with a commissioned US Notary Public.
States may have requirements that could restrict the use of remote or electronic notarizations in some circumstances or may require a Notary Public commissioned in their state. Please consult your legal counsel and/or your intended recipient to determine if our Service is suitable for your transaction.
You may create a username and password to utilize the Service (“Account”). You are responsible for maintaining the privacy of your Account and for restricting access to your Account. You hereby accept all responsibility for any and all activities that occur under your Account. You may not assign, or transfer in any manner, your Account to any other person or entity. You agree that USVN is not responsible for third party access to Account that results from theft or misappropriation of your Account.
INTELLECTUAL PROPERTY
USVN hereby asserts and retains all right, title, and interest in and to its Services, including but not limited to the platform, underlying software, all associated trademarks, trade names, service marks, proprietary logos, domain names, any related technology, and all intellectual property rights therein. These elements are owned by US Virtual Notary LLC, its licensors, or both. USVN grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and platform strictly in accordance with our Terms of Use. This license is conditional upon your agreement to, and continued compliance with, the Terms of Use. You agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the Services or any content of the platform without the express written permission of US Virtual Notary LLC. You must not decompile, reverse engineer, or disassemble any aspect of the platform or Services, or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services (except as otherwise expressly permitted by law).
NO WARRANTIES OR REPRESENTATIONS
USVN provides it’s Services as a facilitation tool only and makes no warranties or representations of any kind concerning the Services offered through the Site, including, but not limited to, the accuracy, reliability, completeness, or timeliness of the Services provided by notaries, or any other information provided. USVN 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 Services in a professional and workmanlike manner. However, Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by USVN or by third-party providers, or because of other causes beyond US Virtual Notary LLC’s reasonable control. Notwithstanding the foregoing, USVN 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 site are provided “as is,” and USVN disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
FORCE MAJEURE
Notwithstanding any other provision of this Agreement, USVN shall not be deemed to be in breach of its obligations hereunder to the extent that fulfillment of such obligations is delayed, hindered, or prevented by events beyond its reasonable control, commonly known as force majeure events. Such events may include, but are not limited to, natural disasters (such as earthquakes, hurricanes, floods, and wildfires), acts of terrorism, civil unrest, acts of war, strikes or other significant labor disputes, public health emergencies (such as pandemics and epidemics as defined by the World Health Organization or any government authority), governmental acts or orders, and disruptions of telecommunications or digital infrastructure.
Limitation of liability: Notwithstanding anything to the contrary, except for bodily injury of a person, fraud, or intentional misconduct, USVN 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 US Virtual Notary LLC’s reasonable control; or (d) for any amounts that, together with amounts associated with all other claims, exceed the fees paid by Customer to USVN 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 USVN has been advised of the possibility of such 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.
INDEMNIFICATION
You will indemnify, defend and hold harmless USVN 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”). Your indemnification obligation will not apply in instances of US Virtual Notary LLC’s sole fault, gross negligence, or willful misconduct and will be limited by your proportion of fault. 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.
DISPUTE RESOLUTION
This Agreement shall be interpreted, construed, and governed according to the laws of the New York State, without reference to its choice of law provisions. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the county of Suffolk, New York before one arbiter. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration or to enforce an arbitral award from a court of appropriate jurisdiction. Except as otherwise set forth above the parties hereby irrevocably submit to the exclusive jurisdiction of any New York State or Federal court sitting in the county of Suffolk in any action or proceeding arising out of or relating to this Agreement, and the parties hereby irrevocably agree that all claims in respect of such action or proceeding may be heard and determined in such New York State or Federal court. The parties hereby irrevocably waive, to the fullest extent that they may legally do so, the defense of an inconvenient forum to the maintenance of such action or proceeding.
You hereby waive any right to commence or participate in any class action lawsuit against USVN related to any claim, dispute, or controversy, and, where applicable, you hereby agree to opt out of any class proceeding against USVN otherwise commenced.
SEVERABILITY
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. Such invalid, illegal, or unenforceable provision shall be replaced with a valid provision that most closely approximates the intent and economic effect of the invalid provision.
ENTIRE AGREEMENT/MODIFICATION
This Agreement constitutes the entire agreement between you and USVN relating to the subject matter hereof. However, USVN reserves the explicit right, in its sole discretion, to change this TOU. USVN will use reasonable efforts to communicate such changes and by updating the TOU. The most current version of the TOU will supersede all previous versions. USVN encourages you to periodically review the TOU to stay informed of any updates.
