This Agreement constitutes the entire and only agreement between Notary Dash and User, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Services and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us in accordance with terms set out in this Agreement and the latest Agreement will be updated and posted on the website, and User should review any newly posted amended Agreement prior to continued use of the Services in accordance with the below terms. This is a legally binding agreement. If User do es not agree with these terms, User may not use the Site, User may not receive mobile notary dispatch orders from Notary Dash, User may not perform any work for Notary Dash, and any account User may have with Notary Dash shall be terminated.
NotaryDash grants Users permission to use the Services on the following specific terms and conditions :
1. Registration. After User has registered and created an account with NotaryDash, User will have access to the services and functionality that NotaryDash may establish, maintain and update from time to time. Each User is responsible for any person utilizing Services on the account, including third parties that may access the Site and use Services through a User’s account, including without limitation, individuals and entities working with Customers and who are granted access by a Customer or Notary by registering such third party on the Site (“Customer Clients”). Customer Clients will have limited access to the Services as set forth on the Site functionality. User is solely responsible for the activity of Customer Client’s. User must notify NotaryDash immediately of any breach of security or unauthorized use of your account.
2. Access. Subject to the terms of this Agreement, NotaryDash hereby grants User a limited, non - transferable, non-sub-licensable, non - exclusive license to use the Services on any applicable devices that are under User’s control, and to use the Services solely as all owed in this Agreement. The Services may not be used for any other purposes without the prior written consent of NotaryDash. User may not use the Services if User is not the owner or approved administrator of the device on which User activated or accessed the Services.
3. Use of Services.
A. As a condition of use, User agrees not to use the Services for any purpose that is prohibited by this Agreement or by applicable law. User will not, and will not permit any Customer Client, to use the
Services in a manner that: (i) 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; (ii) is unlawful, deemed harmful or offensive, invasive of another’s privacy, or otherwise objectionable as reasonably determined by NotaryDash ; (iii) involves unauthorized commercial, advertising, promotional or other activities and/or sales without NotaryDash’s prior written consent ; ( i v) without the consent of NotaryDash, uses or launch es any automated system that accesses the Service, or harvests, collects, gathers or assembles information or data regarding other users; (v ) circumvent, disable or otherwise interfere with security - related features of the Services; (vi) modify, create a derivative work of, reverse engineer, decompile or disassemble the Services except to the extent permitted by applicable law and, in such an event, provided User first gives us written notice thereof; or ( v i i ) alter the Services, or any third parties, copyright notices, trademarks, or other proprietary rights notices affixed to or provided as part of the Services .
B. As a Customer, User represents, warrants and covenants that: (i) any information User submits in a request that a Notary listed on the Services perform the notary signing services described in the request ( the “Signing Order”) are true and accurate, and (ii) User will pay the agreed upon price for the Signing Order as specified. User is solely responsible for accuracy and completeness of the Signing Order User submits and for all content, including, the documents User uploads and Signing Order, contained in a Signing Order. Submission of a Signing Order does not obligate Not aryDash to ensure the Notary is available to fulfill you r Signing Order and NotaryDash may remove the Signing Order with or without notice to User at any time for any reason. User agrees that NotaryDash will not be liable to User for any removal of a Signing Order or any part thereof.
C. As a Notary, User represents, warrants, and covenants that: (i) the information User submits to NotaryDash or posts on the Services, whether in your profile, invoice, or otherwise, is true and accurate; (ii) User wi ll perform the Signing Order in accordance with the applicable laws of your jurisdiction and in accordance with the information provided to User by the Customer that submitted the Signing Order ; (iii) that User has obtained and will maintain all certifications, licenses and legal requirements to perform the applicable Notary Assignments and that User complies with all applicable laws and industry standards (including business licenses and, to the extent applicable, the collection and remittance of sales tax es); (iv) that User maintain valid workers compensation and professional liability insurance policies in amounts sufficient to meet your statutory obligations and to cover any damages that might occur during or as a result of performing each Signing Order ; (v) that User will provide the services in a Signing Order without imposing restrictions or policies not fully described to Customers in writing prior to such Customer's engaging User to perform a Signing Order ; and (vi) that User will not solicit Customer’ s to pay for your services outside of the Services (payment provisions are set out below) or otherwise circumvent any fees that are paid or would be payable to NotaryDash, to the extent applicable. User agrees that unless User obtains the consent o f any Customer, User will use the personal information of Customer Clients and Customer provided to User by NotaryDash or a Customer only to communicate with and provide the services in a Signing Order to that Customer and that Customer Client, and for no other purpose. User is solely responsible for the accuracy and completeness of the notary signing services User posts, or invoice User submit and for all content contained in such submissions. Your submission of a post does not obligate NotaryDash to make your posting or any of its contents available on the Services. NotaryDash may remove your posting with or without notice to User at any time for any reason. User agrees that NotaryDash will not be liable to User for any removal of a notary signing services posting or any part thereof. User acknowledges and agrees that NotaryDash may screen potential Notaries and that NotaryDash may publish feedback and recommendations of Notaries by Customer's and Customer Clients (" Notary Feedback "), which may include reviews of User. User
authorizes NotaryDash to verify you r insurance coverage, notary certification, proof that User has conducted a background check, and proof that User has a surety bond (if laws applicable to you require such a bo nd). User acknowledges that NotaryDash uses commercially reasonable efforts governed by our then existing internal policies to verify Notaries.
D. Users acknowledge and agree that NotaryDash makes no representation as to information contained on the Services or otherwise with respect to Notaries, including without limitation, as to whether such Notaries are qualified to perform the applicable Signing Order or that Notary Feedback is accurate, and that Users are relying solely on information provided by Notaries to select a Notary to perform a Signing Order. A Signing Order is an agreement directly between the Notary and the Customer. Other than with respect to payment procedures described in this Agreement, Customer and Notaries are solely responsible for any interaction between them. NotaryDash does not control the quality, safety, or legality of any aspect of the Signing Order, the ability of Notaries, or the ability of the Customer to pay Notaries.
4. User Content. "User Content " means any and all information and content that a user submits to, or uses with, the Services, such as Signing Orders, information regarding your services if User is a Notary, documents uploaded if User is a Customer or Customer Client, statements, invoices, messages, calls, etc. User is solely responsible for your User Generated Content. User assumes all risks associated with use of your User Generated Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Gene rated Content that makes User or any third party personally identifiable. User agrees that any User Content that your post does not and will not violate third - party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. NotaryDash takes no responsibility and assumes no liability for any User Content that User or any other Users or third parties post or send over the Service. User understands and agrees that any loss or damage of any kind that occurs as a result of the use of any User Content that User sends, uploads, downloads, posts, transmits, displays, or otherwise makes available or access through your use of the Service, is solely your responsibility.
5. Intellectual Property. For the purposes of this Agreement, “Intellectual Property” refers to all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction used in the Services and owned or licensed by NotaryDash. Subject to the terms of this Agreement, NotaryDash hereby grants User a limited, non - transferable, non-sub-licensable, non - exclusive license to use the Intellectual Property and Services on any applicable devices that are under User’s control, and to use the Intellectual Property and Services solely as allowed in this Agreement. The Services' Intellectual Property are protected under United States and foreign copyright and intellectual property laws and treaties. The Intellectual Proper ty are provided to User "AS IS" for your use only and are subject to the terms and conditions of th is Agreement. User agrees not to use, copy, or distribute the Services or any part thereof other than as
expressly permitted herein, or to interfere with security - related features of the Services. User agrees not to copy, distribute, or disclose any part of the Service in any medium and not to alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose with NotaryDash’s prior consent. User agrees not to modify, enhance or create derivative works of the Intellectual Property, including any software. User further agrees not to reverse engineer, decompile or disassemble the Intellectual Property, including any software, nor otherwise attempt to access or discover any source code, underlying ideas or algorithms of the Intellectual Property, including any software. Nothing herein constitutes a waiver of NotaryDash’s Intellectual Property rights under any law. NotaryDash’s name, logo, and the product names associated with the Services belong to us or our licensors, and no right or license is granted to use them by implication, estoppel or otherwise.
6. Term and Termination. This Agreement becomes effective upon User’s registration and use of the Services. This Agreement, and User’s use of the Site and the Services, may be terminated by either Notary Dash or User at any time and for any reason, subject to completion of any existing Signing Orders. NotaryDash may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in NotaryDash’s sole determination, User violates any of the terms of this Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) uploading invalid data, viruses, worms, or other software agents through the Service; (iii) impersonating another person o r otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (iv) interfering with the proper working of the Service; or, (v) bypassing the measures NotaryDash may use to prevent or restrict access to the Service, including, but not limited to, registering for the Service with a non - Network email address. Upon termination User shall no longer have use of the Services and shall cease all further activities and use of the Site, however, the terms of this Agreement shall survive the termination.
7. Indemnity. User agrees to indemnify, defend and hold harmless NotaryDash and its employees, officers, directors, agents, contractors, subsidiaries and any affiliated companies, from and against any and all claims, damages, losses, liabilities, costs and expenses, including without limitation attorneys ’ fees, arising or resulting from , (i) User’s violation of any of the terms of this Agreement, including without limitation any breach of a representation by User, (ii) User’s use of and access to the Services, including without limitation, any claim s or damages arising from any User Generated Content or other information submitted by User or any Customer Client, (iii) User’s violation of any law, rule or regulation of the United States, or any jurisdiction in which User accesses the Services, and (iv) any violation or breach of NotaryDash’s Intellectual Property rights by User or any Customer Client.
8. Disclaimer of Warranties. With respect to the Services, NotaryDash warrants that it will provide Services in a professional manner in accordance with industry standards and using reasonable skill and care. Except as set forth above, NotaryDash disclaims all warranties relating to the Services, including all implied warranties of merchantability and fitness for particular purpose. NotaryDash assumes no liability for (i) any errors, mistakes, bugs, viruses or the like with respect to the Services or any software, (ii) inaccuracies of content, (iii) User Generated Content or use of the Services, (iv) any interruption or cessation of the Services, or (v) hacking, tampering or other unauthorized access or use of the Services.
9. Limitation of Liability. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, NOTARYDASH’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND/OR SOFTWARE ORDERED PURSUANT TO EACH SIGNING ORDER AND ACCESS BY USER (WHETHER ARISING IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR THROUGH ANY OTHER LEGAL OR EQUITABLE THEORY)
SHALL BE LIMITED TO THE AGGREGATE OF THE FEES PAID OR PAYABLE TO NOTARYDASH PURSUANT TO SUCH SIGNING ORDER AT ANY TIME. IN NO EVENT SHALL NOTARYDASH BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL LOSS, OR FOR LOST PROFIT OR LOST REVENUES OR FOR LOSS OF OR CORRUPTION OF DATA.
10. Governing Law. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Washington, USA. In the event of any dispute regarding this Agreement or the interpretation or enforcement hereof, the parties agree that exclusive jurisdiction a nd venue over such dispute shall be the state or federal courts sitting in King County, Washington. In any action, arbitration or other proceeding, including any appeals there from, brought to enforce or interpret this Agreement; the prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs and expenses. User agrees that NotaryDash may seek emergency equitable relief before a state or federal court in order to enforce NotaryDash’s Intellectual Property rights or other rights set forth in this Agreement, including without limitation, obtaining an injunction without necessity of posting a bond.
11. Miscellaneous. This Agreement, along with any other notices and agreements published by NotaryDash with respect to the Services, constitutes the complete agreement between the parties and supersedes all prior or contemporaneous discussions, representations, and proposals, written or oral, with respect to the Services and subject matters discussed herein. If any provision of this Agreement is deemed unenforceable or invalid by any court of competent jurisdiction, the invalidity of such provision shall not invalidate any other provision or the remaining provisions of this Agreement, which provisions shall remain in full force and eff ect. The failure of a party to prosecute its rights with respect to a default or breach hereunder shall not constitute a waiver of the right to enforce its rights with respect to the same or any other breach.