PLEASE READ THIS DOCUMENT CAREFULLY.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS NOTARYLIVE.COM, REGISTER OR PARTICIPATE IN OUR PLATFORM.
IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT US AT: [email protected]
In using Notarylive.com’s platform/services:
1) You agree that we may use information and documentation for all purposes necessary and appropriate to provide and perform the requested service. These services include, but are not limited to, identity verification, documentation of online notarization sessions, record generation and customer support. You also consent to our methods of identification, transmission and storage of information.
2) You consent to the recording and storage of audio, video and written communication on our platform.
3) You agree to the participation of notaries, signatories, witnesses or NotaryLive.com staff in online sessions with you during use of this platform and agree to cooperate with requests by the Provider Notary to effectuate proper notarization of your document
4) You acknowledge that the notaries of this platform are commissioned by and operate in a Home State pursuant to such Home State’s Applicable Notary Law; (ii) that they perform the Services solely by virtue of such laws of the Home State; (iii) that you are specifically invoking the Provider Notaries’ authority under the Applicable Notary Laws of the Home State, irrespective of your geographic location (or the Signatory’s, Designator’s, or Subscriber’s geographic location (as applicable)); and (iv) that the Provider Notaries are performing the requested Notarial Acts in the Home State, regardless of whether you (or the Signatory, Designator, or Subscriber (as applicable)) are accessing the Services from locations outside of the Home State (collectively, the “Home State Acknowledgment”).
5) You agree that Notarylive.com is in no way liable for any misuse or misdirect of any and all information provided on any notarized document transmitted to or received by any designated recipient at the email address provided.
6) You agree to not use this service in a manner which (i) is prohibited by applicable law; (ii) violates the legal rights of others; (iii) attempts to gain unauthorized access to sensitive information or services; (iv) distributes spam or malware; or (v) in a way that could materially harm the functionality or performance of the platform.
7) Our platform/services are not designed for use by minors. No person under the age of legal majority (18 in most states) is permitted to use or appear upon the platform or in any audio-video session.. You are responsible for any and all activity conducted by a minor on your account. Notaries on our platform do not perform Notarial Acts for persons under the age of 18. It is the responsibility of each user to ensure that no person participates on the platform or in an audio-video session who is not authorized and required to participate.
8) You confirm that you will provide truthful, accurate, and complete information in registering your account, in participating on the platform, and in responding to questions or other requests by notary providers and designated agents acting through our platform. You will also truthfully identify yourself for all purposes in connection with the services. You also confirm and warrant to us that you are participating in the services knowingly and intentionally for their intended purpose, and that you are acting willingly without duress or coercion. Should a transaction require a witness, you agree that such witness will be located with you during the signing and will fully comply with these terms of service.
9) If at the time you access the Website or platform or request the services you are physically located outside the United States, you confirm to us: (i) that it is not illegal or prohibited in the jurisdiction in which you are physically located to obtain notarizations or other services from us; (ii) that the document or transaction pertains to a matter before a court, governmental entity, public official, or other entity located in the territorial jurisdiction of the United States, or involves property located in the territorial jurisdiction of the United States, or a transaction substantially connected with the United States.
10) NotaryLive.com shall be entitled to collect, compile, analyze and otherwise benefit from statistical data related to the use of and participation in this platform.
11) You agree that Notarylive.com is not a party to any notary session, we do not confirm the validity or legality of any electronic signatures, and any such issues or disputes that arise are between you and the Provider Notary.
Cancelling Your Subscription: YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a transaction, we reserve the right to cancel your transaction for any reason; if we cancel your transaction we will refund any payment you have already remitted to us for such transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to [email protected] You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges.
Free Trials: (Completed Notary Sessions are not included in any Free Trial.) We may offer to certain qualifying users paid Subscriptions on a free trial basis (“Free Trial”) for a specified period of time. If we offer you a Free Trial, the specific terms of your Free Trial will be provided at signup. Your use of the Free Trial is subject to your compliance with such specific terms. Certain limitations may exist with respect to combining Free Trials with any other offers. Except as may otherwise be provided in the specific terms for the Free Trial offer, Free Trials are only available to users who have not previously held a paid Subscription. A Free Trial only pertains to the Subscription Fees associated with the account, and does not include Completed Notary Sessions. Completed Notary Sessions shall be charged separately. When you agree to a Free Trial, you are also agreeing to sign up for a paid Subscription as described above and, consequently, unless you cancel your Subscription prior to the end of your Free Trial, we (or our third party payment processor) will begin charging your payment method on a recurring monthly or annual basis for the applicable monthly or annual fee (plus any applicable taxes and other charges) at the end of the Free Trial until you cancel your Subscription. You are billed monthly or annually dependent on your account settings. If an annual payment fails, your account will automatically be changed to monthly. There may or may not be discounts given for accounts that are billed annually. If you wish to avoid Subscription charges to your Payment Information, you must cancel your Subscription 3 days prior to the last day of your Free Trial period. Any outstanding balance for Completed Notary Sessions must be rectified separately. Instructions for cancelling your Subscription are stated in the section above titled “Canceling Your Subscription”.
Accessablity: NotaryLive is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone, and applying the relevant accessibility standards. The Web Content Accessibility Guidelines (WCAG) defines requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. NotaryLive is partially conformant with WCAG 2.1 level AA. Partially conformant means that some parts of the content do not fully conform to the accessibility standard. We encourage your feedback on the accessibility of NotaryLive. Please let us know if you encounter accessibility barriers at [email protected]
Third Party Services: This Policy does not apply to the practices of third parties (including Notary Publics who advertise and provide services, API users, or any other third-party site that may be linked to or accessible from or on our platform/services) who may also collect or receive data in connection with your use of our platform/services. We will never share information with these third parties without your consent. Please be aware that Notarylive.com has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party sites or services. Notarylive.com does not have a direct partner relationship with these third parties and their processing of information is subject to their own privacy policies. You should understand the privacy and security practices of any third party before you share information with them.
We may use third-party vendors, contractors, and other service providers to perform certain services on behalf of us or in connection with the services, such as: (i) to assist us in operation of the services (ii) to manage a database of customer information; (iii) hosting the services; (iv) designing and/or operating the services’ features; (v) tracking the services’ activities and analytics; (vi) enabling us to send you special offers or perform other administrative services; and (vii) other services designed to assist us in providing our services. For example, the Notary Publics who may review your personal information. Additionally, we may provide your personal information to a third-party payment processor to assist us in processing your payments. Unless we tell you differently, our service providers do not have any right to use the information we share with them beyond what is necessary to assist us. We may provide these vendors with access to user information only as necessary to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own tracking technologies and may otherwise collect or have access to information about you. We are not responsible for those third-party technologies or activities arising out of them. However, some may offer you certain choices regarding their practices, and if we receive information from such parties regarding how you can opt-out or customize their use of information about you, we will make that information available on our website. We are not responsible for the effectiveness of or compliance with any third parties opt-out options.
Complaint with the California Privacy Rights: As noted above, we may elect to share information about you with third parties for those third parties’ direct marketing purposes. California Civil Code § 1798.83 permits California residents who have supplied personal information (as defined in the law) to us to, under certain circumstances, request and obtain certain information regarding our disclosure if any, of personal information to third parties for their direct marketing purposes. If this law applies to you, you may obtain relevant information for the immediately prior calendar year (e.g., requests made in 2020 will receive information about 2019 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. To make such a request (limit one request per year), please send an email to: [email protected], with “California Privacy Rights” as the subject line or send us an email requesting our mailing address. You must include your full name, email address, and postal address in your request.
Independent Contractor Status: At all times, Notarylive.com’s Provider Notaries are independent contractors, and neither party is the agent or representative of the other. Any agreement with provider notaries is not intended to create a joint venture, partnership, or franchise relationship between the parties. Our Provider Notaries are not authorized to bind or commit Notarylive.com in any way without Notarylive.com’s prior explicit authorization. Notarylive.com explicitly disclaims any liability with respect to the actions or inactions of our Provider Notaries. Notarylive.com further explicitly disclaims any and all representations and warranties, whether express of implied, oral or written, with respect to our Provider Notaries.
Limitation of Liability: Notarylive.com is not responsible or liable for any issues arising out of your use of our platform or services. You acknowledge and agree that you are assuming the entire risk of any and all features and applications of our platform and services. Your further acknowledge an degree that, to the fullest extent permissible by law, Norarylive.com and its officers, directors, employees, representatives, provider notaries, service providers, and licensors shall not be liable for any loss of damages, direct or indirect, arising from your use of our platform and services, including, without limitation, compensatory, consequential, incidental, special, or punitive damages.
Governing Law: This Agreement shall be governed by the laws of the State in which the Provider Notary is commissioned.
THIS PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NOTARYLIVE.COM DOES NOT WARRANT: (i) THAT THE PLATFORM’S OPERATION OR THE DELIVERY OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (ii) THAT A THIRD PARTY WILL ACCEPT A NOTARIZED DOCUMENT OR E-SIGNED DOCUMENT HEREUNDER FOR ITS INTENDED PURPOSE; OR (iii) THAT A COURT OR OTHER AUTHORITY THAT DECLINES TO FOLLOW APPLICABLE NOTARY LAW AND/OR APPLICABLE ELECTRONIC SIGNATURES LAW WILL RECOGNIZE A NOTARIZATION HEREUNDER AS VALID OR ENFORCEABLE. TO THE FULLEST EXTENT PERMITTED BY LAW, NOTARYLIVE HEREBY DISCLAIMS (FOR ITSELF, ITS PROVIDER NOTARIES, ITS SERVICE PROVIDERS AND ITS LICENSORS) ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PLATFORM AND OTHER PERFORMANCE OBLIGATIONS UNDER THE TERMS, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Please note that individuals in the European Union (“EU”) or the European Economic Area (“EEA”) need to review the following EU policy statement:
Data Controller: The data controller for this website is Notarylive.
Purposes of the Processing: Other than information obtained from Cookies, the only information collected through our website is personal information provided voluntarily by customers for the purpose of receiving additional information or partaking in use of our service.
Lawful basis for the processing: Generally, we process personal information provided by visitors through our website on the basis of consent. We may also process personal information on other bases permitted by the GDPR and applicable laws, such as when the processing is necessary for us to comply with our legal obligations.
Categories of personal information: We process the following information when provided voluntarily by our website visitors: name, email address, postal address and/or country, and telephone number. We also process automatically-gathered information as described in our Cookies Notice.
Recipients of your personal information: We use service providers to manage our website and provide services such as identity verification. If you would like specific information about our service providers who have received your information, please contact us at [email protected] and we will provide that information to you.
Information regarding the transfers of personal data outside of the European Economic Area (EEA): Notarylive is based in the USA and that’s where we process personal information collected through our website. When you provide personal information to us, we obtain your consent to transfer that personal information to the USA. We safeguard your personal information by treating it in accordance with this GDPR Privacy Notice. We take appropriate steps to protect your privacy and implement reasonable security measures to protect your personal information in storage. We use secure transmission methods to collect personal data through our website.
Retention period for personal information: We delete personal information within a reasonable period after we no longer need to use it for the purpose for which it was collected. This does not affect your right to request that we delete your personal data.
Your rights: You have the right to request access to your personal data, to have your personal data corrected, restricted or deleted, and to object to our processing of your personal data. You also have the right of data portability, which means that you can request that we provide you (or a third party you designate) with a transferable copy of personal information that you have provided to us. Your rights may be subject to various limitations under the GDPR. If you wish to exercise any of these rights, or if you have any concerns about our processing of your personal data, please contact us at [email protected]
The right to lodge a complaint with a supervisory authority: You have the right to file a complaint concerning our processing of your personal data with your national or regional data protection authority.
Absence of statutory or contractual requirement or other obligation to provide any personal data: Users of our website are under no statutory or contractual requirement or other obligation to provide personal information to us via our website.