Enduser Terms of Service

USANotaries.com. ("USANotaries.com") agrees to provide you ("User") with those services ("Service") and/or merchandise ("Merchandise") set forth on the Application subject to User's compliance with the terms and conditions below.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE OR PURCHASING MERCHANDISE. BY ACCESSING THE SERVICE OR PURCHASING MERCHANDISE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE OR PURCHASE MERCHANDISE.

Warranty Disclaimer

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.

USANotaries.com exercises no control whatsoever over the content of the information passing through USANotaries.com’s system. Use of any information obtained via USANotaries.com is at User's risk. USANotaries.com makes every effort to properly transcribe the information submitted by users. Neither USANotaries.com nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does USANotaries.com make any warranty as to the results from use of the Service OR Merchandise. Neither USANotaries.com nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the information displayed will be error free, nor does USANotaries.com  make any warranty as to the accuracy of information submitted by its users. The listing of a user does not guarantee that the user is in fact a duly commissioned notary in his/her state, nor that any credentials, experience, or other information is accurate. It is the responsibility of the user to determine the accuracy of these items, if so required.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY USANOTARIES.COM, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER USANOTARIES.COM NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

USANotaries.com makes every effort to keep servers running on an around the clock basis. As with any computer device, failures can and do occur. In the case that such a failure does occur, every reasonable effort is made to keep the time that the server is unavailable to a minimum. USANotaries.com is not responsible for any loss of business or any other liability or loss that may arise out of such failures for any reason.

UNDER NO CIRCUMSTANCES SHALL USANOTARIES.COM, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE SERVER OR INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT USANOTARIES.COM IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, USANOTARIES.COM’s LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.

If User is dissatisfied with the Service or Merchandise or with any terms, conditions, rules, policies, guidelines or practices of USANotaries.com in operating the Service, User's sole and exclusive remedy is to discontinue using the Service or, in the case of Merchandise, to return the Merchandise in new condition and in a timely manner, per our Return Policy.

Indemnification

Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold USANotaries.com, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by USANotaries.com, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify USANotaries.com in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and USANotaries.com shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

Age Limit

User represents to USANotaries.com that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable or legal for individuals under the age of 18.

Sexually Explicit Materials

User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive, and that unsolicited (SPAM) email cannot be controlled by USANotaries.com. User accesses such materials at his or her own risk. USANotaries.com has no control over and accepts no responsibility whatsoever for such materials.

Prohibited Uses

User may not:

send unsolicited email, (known as 'spam') to anyone residing on our servers or through our servers, and may not use our servers, email address, or any reference to USANotaries.com to send unsolicited email. The following types of email sent constitute spam:

    Forged email To/From address other than from the actual sender or to the actual recipient.  
    Message subject not related to the email body.  
    Email not requested by the recipient.  
    emails sent in bulk by sender.
    mail bombs.

restrict or inhibit any other user from using and enjoying the Internet;

post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;

post in the listing any reference to sexually explicit materials or materials that may be offensive.

post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component;

post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);

upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder;

upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;

send unsolicited advertising or promotional materials to other users (See section titled "MESSAGING");

allow users to run Maillist, Listserv or any form of auto-responds from User's account.

USANotaries.com has no obligation to monitor the Service. However, User agrees that USANotaries.com has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. USANotaries.com will not intentionally monitor or disclose any private E-mail message unless required by law. USANotaries.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. USANotaries.com reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of USANotaries.com following payment of a reinstatement charge, to be determined by USANotaries.com in its sole and absolute discretion.

Messaging

User agrees to limit their use of the USANotaries.com service, specifically regarding the use of USANotaries.com’s electronic (email) services, to the following restrictions:

Unauthorized Use of Relay Servers

User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

Fraudulent Addressing

User agrees that the purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the USANotaries.com service.

Fraudulent Content

User agrees to be held responsible for the distribution of fraudulent materials.

VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF USANOTARIES.COM SERVICES FOR VIOLATION OF ANY OF THESE TERMS.

Restricted Content

You agree not to post any of the following restricted contents: Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials.

Bandwidth Restrictions

We reserve the right to inform you that you must restrict the amount of bandwidth being used to  transfer information to/from your email account if an excessive amount of bandwidth is being used. If the request is not met within 5 days, we do reserve the right to remove your email account from our system without refund of the remaining time of your account.

Terms of Payment

A credit card User agrees to allow "2Checkout.com", also known as "2Co.com",  to bill his or her card on each successive billing date without obtaining User's permission after the initial charge if the user has selected the recurring option, unless there has been a price increase from the prior term, in which case USANotaries will give notice of the price increase 30 days in advance of the renewal, during which period of time User has the option of canceling renewal of Service and stopping the renewal charge, otherwise, User grants permission for USANotaries.com to automatically bill the recurring charge at the new increased price without any other notification or additional permission from User. A credit card User shall notify USANotaries.com of any changes in credit card number or expiration date. If the card is not honored for any reason, USANotaries.com will attempt to notify the card holder by using the telephone information given at sign-up or by E-mail. USANotaries.com will call the card holder, and if alternative billing has not been established, the account will be terminated. Restoring the account will be subject to a setup fee of $10.00.

If payment is by check, payment due dates are indicated on User's invoice. Dishonored checks are subject to a collection fee to be determined by USANotaries.com in its sole and absolute discretion and User's account may be suspended until the account is current. If payment is not received, service will be terminated and a setup fee of $10.00 will be added to charges for additional Service.

USANotaries.com maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 2.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event USANotaries.com utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of USANotaries.com’s attorneys' fees and costs in the collection of these sums.

USANotaries.com reserves the right to change prices at any time without prior notice to it's customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.

Free or Exchange Listings

USANotaries.com may, form time to time, offer free listings or listings in exchange for other services such as, but not limited to, the posting of a link or banner which connects another site to USANotaries.com. Free listings, while normally offered for a specified period of time, may be revoked at any time, and such period of time as is specified in the offer is not binding. No monies are due to the subject of the listing based on the revocation of a free listing. In addition, listings which are offered in exchange for a link or positing of a banner are done so and maintained at the sole discretion of USANotaries.com, no period of time is warranted or guaranteed, and USANotaries.com may elect to remove such listing at any time for any reason. Upon removal, USANotaries.com will make a reasonable effort to contact the party involved in the exchange in order to make them aware of the removal of the listing. Free or exchange listings are not guaranteed to have the same status as paid listings in terms of placement or any other criteria used in the display of a listing.

If a link or banner is to be used in exchange for a listing, the banner or link must meet all specifications as dictated by USANotaries.com. USANotaries.com reserves the right to change such specifications at any time and for any reason which, at its sole discretion, is in the best business interests of USANotaries.com. USANotaries.com reserves the right to decide who may post such links or banners, and may, at its sole discretion and for any reason, deem a site inappropriate for displaying of its banner or link. At the request of USANotaries.com management, the person or entity displaying such link or banner agrees to remove such link or banner immediately upon the request of USANotaries.com management.

Right to Cancel

USANotaries.com reserves the right to cancel Service for any reason without prior notice. Pre-paid service is non-refundable. USANotaries.com will not refund any shipping or handling fees. Cancellations after the renewal period has begun are not refundable.

User must notify USANotaries.com via telephone or in writing, or by a form on our website if one is provided for that purpose, to cancel Service if the recurring option was selected. Cancellations shall not be honored by electronic mail. Fees for any setup, shipping and handling, and monthly service charges placed by USANotaries.com are non-refundable.

No Confidentiality

Information transmitted through USANotaries.com and through the Internet in general is not confidential. USANotaries.com can not and shall not guarantee privacy or protection of any User. USANotaries.com reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of USANotaries.com.

Customer Information

Unless required by court order, subpoena or other legal request, or upon the advice of counsel, "USANotaries.com" may publish User's name and other consumer information in one or more directories which may be accessed by other Internet users. In addition, unless User notifies "USANotaries.com" to the contrary as provided above, "USANotaries.com" may make such information available to third parties from time to time. User understands further that merchants on the Internet may have access to such information and may make it available to third parties in accordance with their normal practices unless User notifies those merchants directly that User does not wish such information to be made available. User acknowledges that the displaying of information in a directory allows actions beyond our control such as the harvesting of information by other entities on the internet who may use such information for purposes that may not be desirable to User, such as unsolicited email (Spam), direct marketing, or other such methods of contact with User, and User therefore holds harmless USANotaries.com and any of its affiliates, its licensers, its contractors or their respective employees with regard to the result of any such solicitations or sharing and passing of information.

Internet Addresses

While USANotaries provides static addresses for web page and email as advertised, USANotaries.com does not warrant that user's email address or sub-domain address will be available on a permanent basis and, without notice, may end the availability of any given address at its sole discretion or for any reason, and user agrees not to hold USANotaries nor any of its affiliates, its licensers, its contractors or their respective employees, responsible for loss of business or other implications or results of removing the availability of said addresses. Other addresses which are not advertised to be static may change at any time, and user acknowledges this and agrees that the advertisement of such addresses is done at the user's own risk, and agrees not to hold responsible USANotaries nor any of its affiliates, its licensers, its contractors or their respective employees for any loss of business or other results arising from the changing of said address.

Non-transferable

The right to use the Service, sub-domain names, and email accounts is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others is explicitly prohibited. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

No System Backup

USANotaries.com does not and will not perform system backups on any User's E-mail account(s). USANotaries.com shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, USANotaries.com will not provide historical data, to any party for any reason, regarding any system or Internet activity.

USANotaries.com shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, USANotaries.com will not provide historical data, to any party for any reason, regarding updates or related activity.  

Directory Placement Policy

Failure to Comply With Terms and Conditions

USANotaries.com may deny User access to all or part of the Service without notice if User engages in any conduct or activities that USANotaries.com in its sole discretion believes violates any of the terms and conditions in this Agreement. If USANotaries.com denies User access to the Service because of such a violation, User shall not have the right (1) to access through USANotaries.com any materials stored on our server(s), (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, and USANotaries.com shall have no responsibility to notify any clients, vendors, third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Miscellaneous

User agrees to notify USANotaries.com if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to USANotaries.com.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

USANotaries.com’s failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

USANotaries.com may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

USANotaries.com shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of USANotaries.com.

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming USANotaries.com as the defendant, shall be proper only in a venue determined by USANotaries.com.

In any action between USANotaries.com and User to enforce any of the terms of this Agreement, USANotaries.com shall be entitled to recover expenses, including reasonable attorney's fees.