Last Updated on 02/16/2022
Welcome to eNotary On Call, Inc. (“Company”, “we”, “our”, “us”, “eNotary On Call”).
By accessing, using, or downloading any content associated with the goods and services offered via Our Service for purchase, you acknowledge that you have read and understood the terms. You agree to follow and be bound by these terms. If you do not agree with (or cannot comply with) the terms, you are not authorized and must cease using Our Service immediately. But, please let us know by emailing us at email@example.com. We will make best attempts to find a solution.
PLEASE BE ADVISED THAT THE TERMS REQUIRE ALTERNATE DISPUTE RESOLUTION ON AN INDIVIDUAL BASIS RATHER THAN CLASS ACTION OR JURY TRIAL.
2. Communications and Updates
By using Our Service, you agree to subscribe and receive all communications, agreements, notices, including, but not limited to our newsletters, marketing, promotional materials, and other information (“communications”). You agree that all Communications we provide to you electronically satisfy all the legal requirements. The legal requirements include that the communications be in writing, delivered via a particular communication means and your information to receive such communications remain current.
You may opt out of receiving any or all of the communications from us by locating and clicking on the “unsubscribe” link found or by emailing at firstname.lastname@example.org.
We may periodically revise and update the terms to Our Service at our sole discretion. We will post the updated terms on Our Service with a “last updated” date as a time stamped notice. Please review the terms of Our Service on a regular basis to accommodate for any updates, regardless of the frequency of your access, use, or download of Our Service. If you continue to access, use, or download any portion of Our Service, you agree to be bound by the updated terms. You agree that we shall not be liable to you or to any third party for any modifications of the terms.
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.
If you wish to purchase a product or service made available through Our Service (“Purchase”), you may be asked to provide certain information relevant to your Purchase, including, but not limited to, your personal information and financial information such as your credit/debit card number, the expiration date of your credit/debit card, your credit/debit card’s billing address, phone number, etc.
5. Contests, Sweepstakes and Promotions
We issue refunds for services provided under Our Service within thirty (30) days of the original purchase made via Our Service if there is any negligence found on our part in performing the services purchased via Our Service and if the services provided by us are not accepted because they are deemed defective, invalid, or ineffective in any way. A refund is your only remedy arising out of or relating to non acceptance of our services due to the reasons stated above.
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 you and other users like you.
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 Our Service only for lawful purposes and in accordance with Terms. You agree not to use Our Service:
8.1. In any way that violates any applicable laws or regulations of any state or country.
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 us, our employee, another user of Our Service, or any other person or entity.
8.5. In any way that infringes upon the legal 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 Our Service, or which, as determined by us, may harm or offend us or the users of Our Service, or expose them to any liability.
8.7. Use Our Service in any manner that could disable, overburden, damage, or impair Our Service or interfere with any other party’s use of Our Service, including their ability to engage in real time activities through Our Service.
8.8. Use any robot, spider, or other automatic device, process, or means to access Our Service for any purpose, including monitoring or copying any of the material on Our Service.
8.9. Use any manual process to monitor or copy any of the material on Our Service or for any unauthorized purpose without our prior written consent.
8.10. Use any device, software, or routine that interferes with the proper working of Our Service.
8.11. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful to Our Service.
8.12. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Our Service, the server on which Our Service is stored, or any server, computer, or database connected to Our Service.
8.13. Take any action that may damage or falsify our business rating.
8.14. Otherwise attempt to interfere with the proper working of Our Service.
We may use third-party Service Providers to monitor and analyze the use of our Service.
10. No Use By Minors
12. Intellectual Property
We respect the Intellectual Property Rights of others. We require you do the same. The name “eNotary On Call” and other marks and logos associated with Our Service are intellectual property of eNotary On Call. The appearance, layout, color scheme, and design of Our Service is protected trade dress. eNotary On Call and its licensors retain all the Intellectual Property Rights. All intellectual property rights to eNotary On Call not expressly granted to you are reserved to eNotary On Call and its licensors. 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. Our Service is protected by copyright, trademark, patent, trade secret, and other intellectual property protection that is either owned by us or licensed to us (“Our Intellectual Property”) under the applicable laws. Our intellectual property may not be used in connection with any product or service without the prior written consent of eNotary On Call. We grant no licenses to you to use Our Intellectual Property other than those provided in the Terms.
You retain your intellectual property rights in (a) your confidential information, and intellectual property owned by you, excluding any of Our Intellectual Property.
If you believe that any content on Our Service or other activity taking place on Our Service constitutes an infringement protected by intellectual property rights of another, you should notify eNotary On Call of such alleged infringement at email@example.com immediately.
12.3 Volunteered Feedback.
“Feedback” means suggestions, ideas, feature requests, errors, improvements, ideas, complaints, and recommendations by users of Our Service like you, relating to Our Service or other elements of eNotary On Call’s business.
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) we 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) we are 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 us and our 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.
“Volunteered Feedback” means Feedback that embodies certain intellectual property rights owned or controlled by you.
We neither seek nor request Volunteered Feedback. You are not obligated to provide us with the Volunteered Feedback. If you deliver the Volunteered Feedback to eNotary On Call, you hereby grant us the right and license to freely use the Volunteered Feedback, including any intellectual property rights therein without any legal liabilities.
You agree that we may use and incorporate any Feedback or Volunteered Feedback you provide to us without any purchase or condition.
13. Terms to Digital Content
It is our policy to respond to any valid claim associated with any content posted on Our Service digitally infringes on the copyright or other intellectual property rights (“Infringement”) of others. If you are a copyright owner, or authorized on behalf of one, and you believe that the any content on Our Service has been copied in a way that constitutes infringement of your copyrights, please submit your claim via email to firstname.lastname@example.org, 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” with the following information in writing (see 17 U.S.C 512(c)(3) for further detail) -
13.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
13.2. 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;
13.3. identification of the URL or other specific location on Our Service where the material that you claim is infringing is located;
13.4. your address, telephone number, and email address;
13.5. 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; and
13.6. 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.
Please be advised that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation, frivolous, or bad-faith infringement claims related to any content found on and/or through Our Service.
14. Third Party Links and Services
Our Service may contain links to third-party websites or services that are not owned, controlled, or affiliated to eNotary On Call. We have no control over and assume no responsibility for any third-party content, privacy policies, or practices. We do not make any express or implied warranties of any of the products or services of such linked entities/individuals or their linked websites. Additionally, all statements and opinions expressed in the content provided by such linked third parties are solely the responsibility of the person or entity providing such content. We are not responsible, or liable to you or any third party, for the content or accuracy of the content provided by the linked third party websites.
YOU ACKNOWLEDGE AND AGREE THAT eNOTARY ON CALL 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 THIRD PARTY 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.
15. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY eNOTARY ON CALL ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE 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 eNOTARY ON CALL NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER eNOTARY ON CALL NOR ANYONE ASSOCIATED WITH eNOTARY ON CALL 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. eNOTARYONCALL 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.
16. Indemnification and Limitation Of Liability
WE ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION, DESCRUCTION, CORRECTION, DAMAGE, LOSS OR FAILURE TO STORE OR MAINTAIN YOUR DATA OR YOUR ACCOUNT FOR OUR SERVICES. EXCEPT AS PROHIBITED BY LAW, YOU WILL INDEMNIFY, DEFEND AND HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS 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 OUR SERVICE, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM OUR SERVICE 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. ANY CAUSE OF ACTION ARISING OR RELATED TO OUR SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR ANY SUCH ACTION SHALL BE PERMANENTLY BARRED.
17. Termination and Suspension
Subject to the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any content on or through the use of Our Service.
18. Jurisdiction and Governing Law
The Terms shall be governed and construed in accordance with the laws of the State of Florida, without regard to any choice or conflict of law provisions. Any legal action or proceeding arising relating to the Terms or any Agreement related to Our Service will be brought in the State of Florida or the Federal Courts of Southern District of Florida. You hereby submit to the juridiction of and agree that venue is proper in those courts in any such legal action or proceeding.
19. Alternate Dispute Resolution and Arbitration
20. Independent Contractor
Your relationship with us is that of an independent contractor and client. The access, use or download of Our Service does not establish an employer-employee relationship. Neither party is an agent, affiliate, sponsor, employee, or partner of the other.
21. Electronic Communications
The communications between you and Company use electronic means, whether you use Our Service or send us emails, or whether we post notices on Our Service or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
22. Changes To Service
We reserve the right to withdraw or amend Our Service, and any service or material we provide via Our Service without any notice to you. We will not be liable if for any reason all or any part of Our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Our Service, or the entire portion of Our Service to you, including but not limited to our registered users.
23. Amendments To Terms
We may amend the Terms at any time by posting the amended terms on Our Service. It is your sole responsibility to review the Terms periodically. Your continued use of Our Service 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.
These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be legally null and void. However, we may freely assign the Terms set forth hereinunder and the Terms we assign as the assignor shall be binding upon, and inure to the benefit of, the successors, representatives and assignees.
25. Waiver And Severability
No waiver by eNotary On Call 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 the 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.
26. Class Action Waiver
With respect to Our Services, regardless of whether they you have accessed or purchased any goods or services offered under Our Services, all claims must be brought in your individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action, or other representative proceeding. YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR TO CERTIFY A CLASS FOR ANY CLAIM OR DISPUTE RELATED TO OUR SERVICE AGAINST THE OTHER PARTY. This waiver also applies to the class arbitration and the arbitrator may not consolidate more than one person or entity’s claims.
27. Jury Trial Waiver
28. Force Majeure
If the performance of, or any obligation hereunder, except for your payment obligations associated with Our Service is prevented, restricted, or interfered with by reason of the following: terrorism, pandemic, fire, flood, earthquake, explosion, or other casualty or accident, strikes or labor disputes, war or other violence, or any other act or condition whatsoever beyond the reasonable control of the affected Party, the Party so affected will be excused from performing its obligations to the extent of such prevention, restriction, or interference was beyond the affected party’s reasonable control.
29. No Third Party Beneficiary
This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other Person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Terms.
30. Entire Agreement
The Terms constitute the entire agreement between you and us regarding Our Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
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 Our Service, You 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 You’s Document or Transaction. eNotary On Call is not a law firm and is not providing legal advice to You. NOD Notaries do not provide legal advice to You 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 You. You is responsible for obtaining counsel to provide legal advice concerning the Services, Documents, External Documents, You Data, and Transactions.
32. Contact Us
Please send your feedback, comments, requests for technical support by email: email@example.com