CUSTOMER TERMS OF SERVICE
Last Updated: 9/5/2015
Welcome to the TheBestNotary.net ( “TheBestNotary.net” ) website located at www.TheBestNotary.net (the “Site” ) offered by Ubernotary, Inc. dba “TheBestNotary.net” ). Please read these Terms of Service (the “Terms” ) carefully because they govern your use of our Site and our platform accessible via our Site which connects individuals and/or businesses ( “Customers” ) who request mobile notarization and related services which will be performed by individuals and/or businesses ( “Notaries” ). To make these Terms easier to read, the Site, platform and service offerings are collectively called the “Services.”
AGREEMENT TO TERMS
By accessing the Site or using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, then do not access the Site or use our Services. If you are accessing the Site and or using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will apply to both the person accessing the Site or using the Services as well as any other legal entity you represent.
USE OF THE SERVICES
You may use the Services only if you are 18 years or older and capable of forming a binding contract with TheBestNotary.net and are not barred from using the Services under applicable law.
Through the Services, we provide a platform enabling Customers to request certain Services to be performed and TheBestNotary.net will assign an applicable Notary for such Services. You will be asked a series of questions about the Service you are requesting so that a Notary with appropriate expertise will be assigned to perform that Service and you will be charged appropriately for the performance of the Service . You agree to respond to such questions as accurately as possible. TheBestNotary.net’s role in this process is to provide the technology and platform that enables this connection. The actual performance of Services involves a direct relationship between a Customer and a Notary. TheBestNotary.net is not a party to any agreements between Customers and Notaries for the performance of Services, and does not have control over and disclaims all liability for the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Services performed by Notaries. Notwithstanding the foregoing, TheBestNotary.net serves as the limited authorized agent of the Notaries for the purpose of accepting payments from Customers on behalf of the Notaries and is responsible for transmitting such payments to the Notaries. TheBestNotary.net’s responsibilities are limited to: (i) facilitating the availability of the Services and (ii) serving as the limited agent of each Notary as described above.
CHANGES AND UPDATES TO TERMS OR SERVICES
We may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the modified Terms because if you continue to use the Services after we have notified you that the Terms have been modified, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms then you may no longer use the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
TheBestNotary.net is very careful in selecting the Notaries and each Notary is vetted in advance by TheBestNotary.net and is background checked. That said, when interacting with the Notaries, you should exercise caution and common sense to protect your personal safety and property and those of others present in your home, just as you would when interacting with other persons whom you don’t know. We make no warranty that the performance of the Services or the Notaries will be to your satisfaction, nor do we provide any warranties or guarantees regarding any Notary’s professional accreditation, registration, or license.
YOU HEREBY RELEASE THEBESTNOTARY.NET. FROM ANY LIABILITY RELATED TO THE ACTIONS OR INACTIONS OF THE NOTARIES. THEBESTNOTARY.NET WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE TO YOUR PERSON OR PROPERTY ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES, YOUR INTERACTIONS WITH NOTARIES OR THE PERFORMANCE OF SERVICES AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
CLASSIFICATION OF NOTARIES
Notaries are not employees of TheBestNotary.net. You acknowledge that TheBestNotary.net does not, in any way, supervise, direct, or control a Notary’s performance of Services. TheBestNotary.net does not set a Notary’s work hours or location of work. TheBestNotary.net will not provide a Notary with training or any equipment, labor or materials needed for a particular Service . The Services are not an employment service and TheBestNotary.net does not serve as an employer of any Notary. As such, TheBestNotary.net will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of a Notary’s services.
TERMS FOR PAYMENT OF SERVICES
You, as a Customer, will be charged a specified amount ( “Service Fee” ) for each Service you select to have performed through the Services and the amount of the Service Fee will be communicated to you before you confirm the Service . As noted above, the amount of the Service Fee will depend on the Service in question and the responses you provide to questions we ask you about the Service , and consequently you are responsible for payment of all Service Fees, including those that are calculated based on your responses. You agree to pay the applicable Service Fee and any other fees and taxes that may accrue in relation to your use of the Services, if any. All fees and payments are non-refundable and non-transferable except as expressly provided in these Terms. All payments from you will be processed via check, credit card or third party payment processing account on file in your Account (your”Payment Method” ). You authorize TheBestNotary.net or its third party payment processor to authorize your Payment Method for Service Fees prior to the commencement of each Service and your Payment Method will be charged after the Service you requested has been performed. All amounts referred to in these Terms, including those set forth through the Services, are stated in U.S. dollars and do not include any taxes. You will be responsible for the payment of any taxes applicable to any payments made hereunder, except taxes based on TheBestNotary.net’s income or the income of the Notaries. TheBestNotary.net has no obligation to provide refunds or credits relating to any Services, but may do so in TheBestNotary.net’s sole discretion. You acknowledge and agree that, notwithstanding the fact that TheBestNotary.net is not a party to the agreement between you and the Notary, TheBestNotary.net acts as the Notary’s payment agent for the limited purpose of accepting payments from you on behalf of the Notary.
DISPUTES AND RELEASE
In the event that you have a dispute with one or more Notaries, you agree to address such dispute directly with the Notary in question and you release TheBestNotary.net (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages, arising out of or in any way connected with such dispute. That said, we want you to be happy and satisfied with the Services and performance of the Services and if you do have a complaint relating to a Notary or the performance of Services, please let us know by contacting us at [email protected] and we’ll deal with your complaint in a manner that we deem appropriate under the circumstances, including, providing you with a refund of applicable payments in some cases.
CUSTOMER COMMENTS AND FEEDBACK
Upon the completion of each Service , you have the opportunity to leave feedback and make comments about your experience with the applicable Notaries with whom you have interacted ( “Customer Comments” ), by filling out the “Rate Service” or “Review Service” form provided to you upon the completion of a Service. We advise you to exercise caution and good judgment when leaving such comments. Once you complete and submit your comments to the Site you will not be able to go back and edit them.
We welcome feedback, comments and suggestions for improvements to the Services ( “Feedback”). You can submit Feedback by emailing us at [email protected] You grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license, with the right to grant sublicenses, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
CONTENT AND CONTENT RIGHTS
For purposes of these Terms “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.
TheBestNotary.net and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. Subject to your compliance with these Terms, TheBestNotary.net grants you a limited, non-exclusive, non-transferable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
You agree not to do any of the following:
LINKS TO THIRD PARTY WEBSITES OR RESOURCES
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. If you have an account with us, you may cancel your Account at any time by sending an email to us [email protected] Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: ownership provisions, disclaimers, indemnity, limitations of liability, and dispute resolution provisions.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NOTWITHSTANDING THEBESTNOTARY.NET’S APPOINTMENT AS THE LIMITED AGENT OF THE NOTARY FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM CUSTOMERS ON BEHALF OF THE NOTARY, THEBESTNOTARY.NET EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY WIZARDS OR OTHER THIRD PARTY. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
You will indemnify, defend and hold harmless TheBestNotary.net and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services; or (ii) your violation of these Terms.
LIMITATION OF LIABILITY
AS BETWEEN CUSTOMER AND THEBESTNOTARY.NET, NEITHER THEBESTNOTARY.NET NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES FOR THEBESTNOTARY.NET WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THEBESTNOTARY.NET. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THEBESTNOTARY.NET’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF THE AMOUNTS YOU HAVE PAID TO THEBESTNOTARY.NET FOR USE OF THE SERVICES (IF ANY) AND FOR SERVICES PERFORMED OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THEBESTNOTARY.NET AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and TheBestNotary.net agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes” ) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action” ), and (iii) you retain the right to litigate any Dispute other than an IP Protection Action by providing TheBestNotary.net with written notice of your desire to do so by email or regular mail at P.O. Box 406, San Mateo, CA 94401 within thirty (30) days following the date you first accept these Terms (such notice, an “Arbitration Opt-out Notice” ). If you don’t provide TheBestNotary.net with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provides TheBestNotary.net with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide TheBestNotary.net with an Arbitration Opt-out Notice, you acknowledge and agree that you and TheBestNotary.net are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and TheBestNotary.net otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
These Terms constitute the entire and exclusive understanding and agreement between TheBestNotary.net and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between TheBestNotary.net and you regarding the Services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without TheBestNotary.net’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. TheBestNotary.net may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by TheBestNotary.net under these Terms, including those regarding modifications to these Terms, will be given by TheBestNotary.net: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
TheBestNotary.net’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TheBestNotary.net. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services please contact TheBestNotary.net at P.O. Box 406 San Mateo, CA 94401.