General Terms

Welcome to eNotary On Call (“Company”, “we”, “our”, “us”)!

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at enotaryoncall.com (together or individually “Service”) operated by eNotary On Call.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at support@enotaryoncall.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

2. Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at support@enotaryoncall.com.

3. Access Rights and Restrictions.

3.1 Access. User may access and use the Platform and Services that eNotary On Call makes available to User on a non-exclusive, non-transferable, limited basis to the extent expressly permitted in an agreement, these General Terms, or a Supplement, and solely for the purposes described in the or Supplement.

3.2 Restrictions. User access to the Platform is limited to a cloud-based instance of the most recent generally available version hosted in object code form on servers controlled by eNotary On Call. eNotary On Call may provide some or all of the Services through third parties. User may access Services only through the Platform. User will not attempt to:

(a) sublicense, resell, or transfer any of User’s rights under the Agreement, or otherwise redistribute or provide access to the Platform or Services to any third party, except as permitted in an agreement or as otherwise agreed with eNotary On Call in writing;

(b) use or access the Platform or Services to develop a competitive product or service, or to operate in time-sharing, outsourcing, or service bureau environment, except as permitted in an agreement;

(c) copy, modify, translate, create derivative works from, decompile, disassemble, reverse engineer, or otherwise attempt to derive or reveal the trade secrets, source code, or know-how underlying the Platform or any of its components;

(d) bypass or breach any Platform security device or protection, or access the Platform other than through User’s Account ID;

(e) use or access the Platform or Services (i) in a way that is unlawful or infringes any Intellectual Property Rights or other legal rights of others, (ii) to gain unauthorized access to or disrupt any third-party service, device, data, account, or network, or (iii) to distribute spam or malware;

(f) allow anyone without the capacity to enter into legally binding contracts to access the Platform without direct supervision and participation of a parent or legal guardian, or allow anyone under the age of 13 to access the Platform for any purpose;

(g) interfere in any manner with eNotary On Call provision of the Services; nor

(h) conceal or remove any proprietary rights notice contained in the Platform or Services.

3.3 Unpaid Access. eNotary On Call may make the Platform available to User on an unpaid basis for technical evaluation in a test environment (“Technical Access”) or an unpaid trial evaluation of certain Services (“Trial Access”), subject to the terms below. Technical Access and Trial Access are each “Unpaid Access”.

(a) Technical Access. If eNotary On Call provides Technical Access to User, eNotary On Call grants User and Permitted Employees a non-exclusive, revocable, non-transferable and limited right to access and use the Platform testing environment as described on the Site, solely for evaluation purposes. User will not, and will not allow Permitted Employees to, (i) demonstrate or market the Platform to any third party, (ii) disclose information relating to performance or quality of the Platform, (iii) use the Platform for any commercial or production purpose (including performance of notarial services), (iv) use live customer or transactional data, or (v) upload Personal Information to the Platform.

(b) Trial Access. If eNotary On Call provides Trial Access to User, eNotary On Call grants User and Permitted Employees a non-exclusive, revocable, non-transferable and limited right to access and use the Platform as described on the Site and in this Agreement, solely for evaluation purposes.

(c) Generally. eNotary On Call may terminate Unpaid Access at any time for any reason and without liability to User. Unpaid Access automatically terminates on the start date of User’s paid Subscription Plan. “Permitted Employees” means specific named employees permitted to use Unpaid Access, subject to eNotary On Call's prior approval. Unless User purchases a Subscription Plan before the Unpaid Access terminates, all User Data may be permanently deleted at termination. User loses access to any User Data stored on the Platform when Unpaid Access terminates. Additional terms and conditions on the trial registration section of the Site may apply.

ALL UNPAID ACCESS IS PROVIDED ON AN “AS IS” BASIS. NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, TO THE MAXIMUM EXTENT PERMITTED BY LAW eNotary On Call DISCLAIMS ALL LIABILITY ARISING FROM UNPAID ACCESS.

4. Purchases

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

5. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

6. Refunds

We issue refunds for Contracts within 30 days of the original purchase of the Contract.

7. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

eNotary On Call has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of eNotary On Call or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

8. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

8.1. In any way that violates any applicable national or international law or regulation.

8.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

8.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

8.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

8.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

8.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

8.7. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

8.8. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

8.9. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

8.10. Use any device, software, or routine that interferes with the proper working of Service.

8.11. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

8.12. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

8.13. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

8.14. Take any action that may damage or falsify Company rating.

8.15. Otherwise attempt to interfere with the proper working of Service.

9. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

10. No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

11. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

12. Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of eNotary On Call and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of eNotary On Call.

12.1 eNotary On Call IP. The name “eNotaryOnCall”, eNotary On Call’s design, the eNotary On Call logos, and other marks used by eNotary On Call from time to time are trademarks and service marks of eNotary On Call, and the appearance, layout, color scheme, and design of the eNotary On Call Platform is protected trade dress (collectively “ eNotary On Call Marks”). eNotary On Call and its licensors retain all Intellectual Property Rights in (a) all eNotary On Call Confidential Information, (b) the Platform and its components, (c) the eNotary On Call Marks, and (d) all other intellectual property owned or created by or on behalf of eNotary On Call (items (a)-(d), collectively, “eNotaryOnCall IP”). All rights to eNotary On Call IP not expressly granted to User are reserved to eNotary On Call and its licensors.

12.2 User IP. User retains all Intellectual Property Rights in (a) User Confidential Information, (b) the User System, and (c) all intellectual property owned, created or conceived and reduced to practice by User, excluding eNotary On Call IP (items (a)-(c), collectively, “User IP”). User grants no licenses to eNotary On Call to use the User IP other than those provided in the Agreement.

12.3 Volunteered Feedback. “Feedback” means suggestions, ideas, feature requests, and recommendations by Users relating to the Platform or other elements of eNotary On Call's business. “Volunteered Feedback” means Feedback that embodies Intellectual Property Rights owned or controlled by a User. eNotary On Call neither seeks nor requests Volunteered Feedback, and User is not obligated to provide eNotary On Call with Volunteered Feedback. If User delivers Volunteered Feedback to eNotary On Call, User hereby grants eNotary On Call the right and license to freely use the Volunteered Feedback (including Intellectual Property Rights). eNotary On Call may use and incorporate any Feedback or Volunteered Feedback User provides into the Platform or Services without payment or condition. eNotary On Call respects the Intellectual Property Rights of others and requires Users do the same. If User believes that content on the Platform or other activity taking place on the Platform constitutes an infringement of a work protected by copyright, User should notify eNotary On Call at legal@enotaryoncall.com

13. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@enotaryoncall.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

14. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

14.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

14.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

14.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;

14.4. your address, telephone number, and email address;

14.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

14.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at support@enotaryoncall.com.

15. Error Reporting and Feedback

You may provide us either directly at support@enotaryoncall.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

16. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by eNotary On Call.

eNotary On Call has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

17. Disclaimer Of Warranty

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

19. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

20. Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States of America, which governing law applies to agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

21. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

22. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

23. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

24. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

When accessing the Platform, User may obtain information from eNotary On Call or NOD Notaries concerning laws governing electronic signatures, electronic notarization, and other subject matter. This information is for general informational purposes only and is not legal advice – it also may be incorrect or not apply to User’s Document or Transaction. eNotary On Call is not a law firm and is not providing legal advice to User. NOD Notaries do not provide legal advice to User on behalf of eNotary On Call. If a NOD Notary is a lawyer, eNotary On Call does not verify their authority to practice law and bears no responsibility for any legal advice that a NOD Notary may provide to User. User is responsible for obtaining counsel to provide legal advice concerning the Services, Documents, External Documents, User Data, and Transactions.

25. Contact Us

Please send your feedback, comments, requests for technical support by email: support@enotaryoncall.com.

Universal Acceptable Use Policy

If you are using any eNotary On Call Services, this eNotary On Call Acceptable Use Policy ("AUP") applies to you. Every User of ours agrees to abide by this AUP and is responsible for any violations. You are not allowed to assist or engage others in a way that would violate this AUP. We will enforce and ensure compliance with this AUP by using methods we consider to be appropriate, such as complaint and email failure monitoring. We may also suspend or terminate your use of eNotary On Call Services pursuant to our Universal Terms of Use for violations of this AUP.

We periodically update these terms and we will let you know when we do by posting a revised copy on our website. You agree to review the AUP on a regular basis and always remain in compliance.

We periodically update these terms and we will let you know when we do by posting a revised copy on our website. You agree to review the AUP on a regular basis and always remain in compliance.

1. You agree not to:

a. use the eNotary On Call Services in a way that impacts the normal operation, privacy, integrity, or security of another's property. Another’s property includes another’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations;

b. use or launch any automated system, including, "robots," "spiders," or "offline readers," that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser;

c. use the eNotary On Call Services in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party's use of the eNotary On Call Service;

d. attempt to gain unauthorized access to the eNotary On Call Service;

e. access the eNotary On Call Services other than through our interface;

f. use the eNotary On Call Services to gain unauthorized access to, use, monitor, make an unauthorized reference to, another’s property unless you have the appropriate express prior consent to do so; or

g. use the eNotary On Call Services in a way that causes or may cause any eNotary On Call IP addresses, eNotary On Call domains, or eNotary On Call customer domains to be blacklisted. Examples of prohibited actions include (without limitation) include hacking, spoofing, denial of service, mailbombing and/or sending any email that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware or other such file or program. These restrictions apply regardless of your intent and whether or not you act intentionally or unintentionally.

2. Proper Usage of the Service.

a. In addition, and without limiting the other requirements in this AUP, you may not (directly or indirectly) use the eNotary On Call Services with content, or in a manner that:

i. is threatening, abusive, harassing, stalking, or defamatory;

ii. is deceptive, false, misleading or fraudulent;

iii. is invasive of another's privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);

iv. contains vulgar, obscene, indecent or unlawful material;

v. infringes a third party's intellectual property right(s);

vi. publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;

vii. uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer;

viii. downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;

ix. falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;

x. restricts or inhibits any other user of the eNotary On Call Services from using and enjoying our website and/or the eNotary On Call Services;

xi. harvests or otherwise collects information about others, including e-mail addresses, without their consent;

xii. violates the usage standards or rules of an entity affected by your use, including without limitation any ISP, ESP, or news or user group (and including by way of example and not limitation circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);

xiii. is legally actionable between private parties;

xiv. is in violation of any applicable local, state, national or international law or regulation, including all export laws and regulations and without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN- SPAM Act) (15 U.S.C. § 7701 et seq.), the U.S Telephone Consumer Protection Act of 1991 (47 U.S.C. § 227), the Do-Not-Call Implementation Act of 2003 (15 U.S.C. § 6152 et seq.; originally codified at § 6101 note), and the General Data Protection Regulation (2016/679).

xv. encourages, promotes, facilitates or instructs others to engage in illegal activity;

xvi. promotes, encourages, or facilitates: hate speech, violence, discrimination based on race, color, sexual orientation, marital status, gender or identity expression, parental status, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, citizenship and/or any other characteristic protected by law.

b. If you use any of our developer tools including Application Programming Interfaces (“APIs”), developer tools, or associated software, you will comply with our API Supplement.

c. You will use the eNotary On Call Services for your internal business purposes and will not: (i) willfully tamper with the security of the eNotary On Call Services or tamper with our customer accounts; (ii) access data on the eNotary On Call Services not intended for you; (iii) log into a server or account on the eNotary On Call Services that you are not authorized to access; (iv) attempt to probe, scan or test the vulnerability of any eNotary On Call Services or to breach the security or authentication measures without proper authorization; (v) willfully render any part of the eNotary On Call Services unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit the eNotary On Call Services or make the eNotary On Call Services available to a third party other than as contemplated in your subscription to the eNotary On Call Services; (vii) use the eNotary On Call Services for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (viii) provide to third parties any evaluation version of the eNotary On Call Services without our prior written consent.

3. eNotary On Call Trademark Use.

Unless you have our express prior written permission, you may not use any name, logo, tagline or another mark of ours or the eNotary On Call Services, or any identifier or tag generated by the eNotary On Call Services, including without limitation: (a) as a hypertext link to any website or other location (except as provided for or enabled expressly by us); or (b) to imply identification with us as an employee, contractor, agent or another similar representative capacity. You also agree not to remove or alter any of these items as we may have provided or enabled.

4. General Terms.

eNotary On Call has no responsibility for any information created, uploaded, stored, maintained, transmitted, or accessible on or through the Services or infrastructure used for the Services, and is not obligated to monitor or exercise any editorial control over such information. We may immediately suspend your access to the eNotary On Call Services if you breach this AUP or don’t respond to us in a reasonable period after we’ve contacted you about a potential breach of this AUP. We may also suspend your access as we explain in our Universal TOU and Services Terms of Use and, if you breach this AUP, we may terminate your subscription agreement for cause. eNotary On Call also reserves the right to implement technical mechanisms to prevent AUP violations. You acknowledge we may disclose information regarding your use of any eNotary On Call Services to satisfy any law, regulation, government request, court order, subpoena, or another legal process. If we make this type of required disclosure we will notify you, unless we are required to keep the disclosure confidential.

We are not obligated to but may choose to, remove any prohibited materials and deny access to any person who violates this AUP. We further reserve all other rights.

User Terms of Service

The eNotary On Call website located at enotaryoncall.com is a copyrighted work belonging to eNotary On Call. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.

All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.

Access to the Site

Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.

Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.

Company reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

No Support or Maintenance. You agree that Company will have no obligation to provide you with any support in connection with the Site.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.

Third-Party Links & Ads; Other Users

Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third- Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Other Users. Each Site user is solely responsible for any and all of its own User Content.

Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Cookies and Web Beacons. Like any other website, eNotary On Call uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.

Disclaimers

The site is provided on an "as-is" and "as available" basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation on Liability

To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages.

Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.

Copyright Policy.

Company respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

your physical or electronic signature;

identification of the copyrighted work(s) that you claim to have been infringed;

identification of the material on our services that you claim is infringing and that you request us to remove;

sufficient information to permit us to locate such material; your address, telephone number, and e-mail address;

a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been

infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

General

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: 9700 Stirling Road, Suite 110, Hollywood, FL 33024.

After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.

Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms.

The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.

Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.

Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Netherlands County, California, for such purposes.

The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.

Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.

These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Your Privacy. Please read our Privacy Policy.

Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information

Please send your feedback, comments, requests for technical support by email: support@enotaryoncall.com.

Notaries on Demand

This Notary User Supplement is attached to and incorporated into the eNotary On Call General Terms (“General Terms”). Capitalized terms not otherwise defined have the meanings given in the General Terms or the relevant Supplement or Order Form.

1. Applicability. This Notary User Supplement applies to Notary Users who access or use the Platform to provide Notarizations or other services in any capacity, including as a ‘Choose Your Own’ Notary, NOD Notary, or Notary Business User.

2. General Terms for Notary Users.

2.1 Relationship to eNotary On Call. Notary User acknowledges that Notary User is providing Notarizations on behalf of the Users who request Notarizations. Neither the Agreement nor this Notary User Supplement constitutes an employment agreement or otherwise creates an employment relationship between Notary User and eNotary On Call. This Section 2.1 does not affect any express written employment agreement or independent contractor agreement between Notary User and eNotary On Call that is signed by an authorized eNotary On Call representative.

2.2 Access Authorization. NOTARY USER IS AUTHORIZED TO PERFORM NOTARIZATIONS THROUGH THE PLATFORM ONLY WHILE NOTARY USER: (A) IS DULY AUTHORIZED BY NOTARY USER’S COMMISSIONING JURISDICTION TO PERFORM REMOTE ONLINE NOTARIZATIONS, (B) NOTARY USER HAS A VALID DIGITAL CERTIFICATE WHICH COMPLIES WITH APPLICABLE NOTARY LAW, AND (C) IS PHYSICALLY LOCATED WITHIN THE TERRITORIAL LIMITS OF NOTARY USER’S COMMISSIONING JURISDICTION. TRANSACTION SIGNATORIES AND PARTICIPANTS MAY CONNECT WITH NOTARY USER THROUGH THE PLATFORM FROM LOCATIONS OUTSIDE NOTARY USER’S COMMISSIONING JURISDICTION.

2.3 Compliance. Notary User will observe and act in accordance with eNotary On Call’s rules and policies to ensure legal and regulatory compliance of the Platform and the integrity of notarial and other acts facilitated by the Platform, will maintain accurate profile information on the Platform, and will provide current and updated copies of any Compliance Documentation as eNotary On Call reasonably requires. “Compliance Documentation” means Notary User’s (a) proof of completion of training required by eNotary On Call or Applicable Notary Law, (b) proof of Notary User’s authorization to perform Remote Online Notarizations, (c) proof of sufficient E&O insurance, and (d) any other documentation that eNotary On Call reasonably requires to ensure compliance with applicable law. eNotary On Call may update Compliance Documentation requirements with reasonable advance notice to Notary User. NOTARY USER WILL PERFORM ALL NOTARIZATIONS IN ACCORDANCE WITH APPLICABLE NOTARY LAW AND IS RESPONSIBLE FOR ENSURING THAT TRANSACTIONS IN WHICH NOTARY USER PROVIDES SERVICES COMPLY WITH APPLICABLE NOTARY LAW, INCLUDING THE VALIDITY OF ACTS PERFORMED USING AUDIO-VIDEO COMMUNICATION TECHNOLOGY. eNotary On Call WILL PROVIDE NOTARY USER REASONABLE TRAINING ON PLATFORM USE TO THE EXTENT REQUIRED BY APPLICABLE NOTARY LAW.

2.4 Transaction Obligations. Notary User is responsible for ensuring that (a) the Electronic Notarial Records are completed accurately by using the Platform as it was designed, (b) any incomplete or inaccurate information in the Electronic Notarial Records is corrected by making a notation in the “Notes” section of the notarial journal, including properly listing and itemizing fees earned while using the Platform, (c) each notarial certificate Notary User completes is accurate and properly completed with all relevant information, and (d) each notarial seal/stamp Notary User applies to a Document is accurate and follows the requirements of Applicable Notary Law.

2.5 Notary User Account. If Notary User’s Platform account is associated with a third-party Business’s Platform account, that third party may have access to Notary User’s account solely for maintenance purposes (e.g. to update profiles, deactivate accounts and access Documents). Additionally, eNotary On Call may access Notary User’s account for maintenance purposes and to ensure compliance with the Agreement and Applicable Notary Law.

2.6 Record Retention. eNotary On Call will store copies of Electronic Notarial Records as permitted by Applicable Notary Law. eNotary On Call will maintain Notary User’s Electronic Notarial Records on Notary User’s behalf until Notary User notifies eNotary On Call that it should no longer act as repository of Notary User’s Electronic Notarial Records. Subject to the Privacy Policy, Notary User expressly permits eNotary On Call to disclose Notary User’s email address and other contact information to Signatories, Participants, or other legally authorized third parties to allow them to contact Notary User directly about a Transaction, including requests for Electronic Notarial Records. Notary User is responsible for maintaining their records in accordance with Applicable Notary Law, and for providing information in Notary User’s Electronic Notarial Records in accordance with Applicable Notary Law when requested by another User or a third party.

2.7 Termination. In addition to the termination rights of the General Terms, (a) eNotary On Call may terminate the Agreement immediately and without notice for any reason or no reason at all, and (b) Notary User may terminate the Agreement at any time by providing eNotary On Call written notice. The following Sections of this Notary User Supplement survive termination or expiration of the Agreement: 2.6 (Record Retention), 2.7 (Termination), 4.3 (Subscription Plan Fees), and 4.4 through 4.7.

3. Additional Terms for NOD Notaries. When Notary User accesses the Platform as a NOD Notary, Notary User enters an agreement with eNotary On Call and agrees to undergo background checks and complete additional training as required by eNotary On Call. Additional insurance and other requirements described in an Order Form (if any) are hereby incorporated by reference.

4. Additional Terms for Notary Business Users. When Notary User accesses the Platform as a Notary Business User, the terms of this Section 4 apply.

4.1 Restrictions and Responsibilities.

(a) The Platform does not provide Notary Business User access to electronic promissory note creation or vaulting services or underwriter and county eligibility services.

(b) eNotary On Call may discontinue providing Notary Business User access to the Notary Business Account Services at any time, for any reason, at its sole discretion.

(c) Information eNotary On Call provides through the Platform is not legal advice, and eNotary On Call is not responsible for ensuring that Transactions Notary Business User completes using the Notary Business Account Services comply with Applicable Notary Law.

(d) Each Notary Customer is required to agree to the General Terms as a “User”. Notary Business User is responsible for ensuring Notary Customers comply with the Agreement as they use the Platform at Notary Business User’s request and as part of Notary Business User’s business.

4.2 Subscription Plan Fees. In consideration of eNotary On Call's provision of Notary Business Account Services, Notary Business User will pay eNotary On Call Fees per Transaction based on the number of Notary seals applied in each Transaction Session with a Notary Customer, as specified in the Order Form. eNotary On Call reserves the right to change or add Fees at any time. Notary Business User’s continued use of the Notary Business Account Services is Notary Business User’s acceptance of Fee changes. Notary Business User may cease use of Notary Business Account Services at any time.

4.3 Notary Customer Charges. Notary Business User is responsible for setting, advertising, and billing the fees Notary Business User charges Notary Customers for Notary Business User’s services in a manner consistent with Applicable Notary Law. The Platform provides Notary Business User a means to facilitate these charges to Notary Customers through Stripe Connect, as described in Section 4.5 (Payment Terms and Processing). Notary Business User is responsible for facilitating refund payments for services Notary Business User provides to Notary Customers.

4.4 Payment Terms and Processing. Unless otherwise agreed in an Order Form, Transaction Fees are due immediately upon completion of a Transaction.

4.5 eNotary On Call Marks; References to Our Relationship. eNotary On Call may make eNotary On Call Marks available for Notary Business User’s use solely for the purpose of identifying eNotary On Call as a service provider. eNotary On Call may limit or revoke Notary Business User’s ability to use eNotary On Call Marks at any time. Notary Business User may never use any eNotary On Call Marks or eNotary On Call IP without eNotary On Call’s express permission, or in a manner that may lead people to confuse the origin of Notary Business User’s products or services with those of eNotary On Call. During the Subscription Period, Notary Business User may publicly identify eNotary On Call as a service provider to Notary Business User (with eNotary On Call’s prior written approval) and eNotary On Call may publicly identify Notary Business User as a customer. If Notary Business User does not want eNotary On Call to identify Notary Business User as a customer, Notary Business User should contact legal@enotaryoncall.com. Neither party will imply any untrue sponsorship, endorsement, or affiliation between Notary Business User and eNotary On Call. Upon termination of this Agreement, Notary Business User will remove any public references to the parties’ relationship on its website and in any marketing materials.

4.6 Indemnification. Notary Business User will indemnify, defend, and hold eNotary On Call, its affiliates and their officers, directors, employees, agents and representatives harmless from and against any and all costs, damages, liabilities or expenses (including reasonable attorneys’ fees) arising from any third-party claims resulting from (a) the use or possession by any person of User Data or the User System in accordance with the Agreement, (b) breach of the Agreement by Notary Business User, Notary Customers, or any third party acting on Notary Business User’s behalf, or (c) access to or use of the Platform or Services by Notary Business User or Notary Customers.

Choose Your Own Notary Supplement

The 'Choose Your Own Notary' Supplement is incorporated in the eNotary On Call's General Terms or the relevant Supplement.

1. Applicability. This Supplement applies to customers who use the Platform to procure Notarizations, eSign Services, and related services from the preferred notaries of choice through the Platform in connection with a Transaction.

2. Notary Access. During the Subscription Period Subscriber may allow any preferred notary public to access and use the Platform in connection with services included in the Subscriber’s Subscription Plan on a non-exclusive, non-transferable, limited basis, solely in connection with a Transaction, for the Subscriber’s own internal business purposes. Subscriber is responsible for ensuring that BYON Notaries comply with the Agreement.

3. Compliance. Prior to allowing a preferred notary public of choice to access the Platform, the customer will ensure that the notary public has (a) agreed to the General Terms and Notary User Supplement by registering an Account ID and (b) provided updated copies of any Compliance Documentation Notarize reasonably requires. “Compliance Documentation” the notary public's (i) proof of completion of training required by Notarize or Applicable Notary Law, (ii) proof of sufficient bond if required by Applicable Notary Law, (iii) proof of e-Notary approval (or online/remote online notary approval), (iv) proof of sufficient E&O insurance if required by eNotary On Call or Applicable Notary Law, and (v) any other documentation that Notarize reasonably requires to ensure the Notary or Platform complies with legal and compliance requirements. eNotary On Call may update Compliance Documentation requirements with reasonable advance notice to the customer. In addition, customer will ensure that chosen notary public observe and act in accordance with eNotary On Call's rules and policies to ensure legal and regulatory compliance of the Platform and the integrity of notarial and other acts facilitated by the Platform.

4. Representations and Warranties. Customer represents and warrants that preferred notary public introduced to the platform who are Customer's employees (a) are duly commissioned Notaries and (b) have passed (and will continue to pass) background checks to confirm compliance with the current version of the National Notary Associations National Signing Agent background criteria, or other criteria permitted by Notarize.

5. Fees Not Billable To Customer. Customer acknowledges that 'Choose Your Own Notary' Services Fees are technology fees, not fees for Notarization services. If Customer passes the cost of 'Choose Your Own Notary' Services on to a customer, then (a) 'Choose Your Own Notary' Services Fees will not be billed to the customer as a standalone line item and (b) any related documentation Subscriber provides to the customer must not show Notarize as a payee. It is Subscriber’s duty to understand Applicable Notary Law, including fees that may be charged for Notarizations.

6. Survival. The following Sections of this 'Choose Your Own Notary' Supplement survive termination of the Agreement: 5 (Fees Not Billable to Customers)

7. Indemnification. Customer will indemnify, defend, and hold eNotary On Call, its affiliates and their officers, directors, employees, agents and representatives harmless from and against any and all costs, damages, liabilities or expenses (including reasonable attorneys’ fees) arising from any third-party claims resulting from (a) the use or possession by any person of User Data or the User System in accordance with the Agreement, (b) breach of the Agreement by Subscriber, BYON Notaries, or any third party acting on Subscriber’s behalf, or (c) access to or use of the Platform or Services by Subscriber or ‘Choose Your Own Notary’ Notaries.