1-888-4-Notary Terms of Use Agreement
Use of the 1-888-4-Notary Service, through both the 1-888-4-Notary website (www.18884notary.com) (the "Website") and through telephone access (together, the "Service") is governed by these Terms of Use. Use of the Service constitutes your agreement to follow these rules and to be bound by them. The Service is provided by
Sharper Ideas. ("Sharper Ideas" or the "Company") at 3053 Fillmore Suite 242, California. This is a legal agreement ("Agreement") between you ("you") and the Company, so please read this Agreement and all related information referenced by this Agreement carefully before registering for the Service. By completing your registration and checking on the "I agree to the 1-888-4-Notary Terms of Use" on the Website, you will become a registered user of the Service (a "Registered User") and you agree to be bound by the Terms of Use (the "Terms") and by this Agreement for as long as you continue to be a Registered User. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR THE SERVICE. The Terms are subject to change by the Company at any time, effective upon posting updated Terms of Use on the Website; any use or access of the Service after such notice will constitute acceptance by you of such changes. Pricing changes cannot occur except on your anniversary date, with 30 day advance notice.
1. PROMOTION
1-888-4-Notary maintains an internet presence and a telephone routing platform that directs prospective customers ("Leads") to you based on the customer's internet or telephone search parameters. As the number of participants grows, 1-888-4-Notary expects to increase its presence on Google, however the Company makes no guarantee as to the number of Leads you will actually receive.
2. SUBSCRIBE TO 1-888-4-NOTARY (OPT-IN)
To subscribe (opt-in) to our Service, you can register from our Website and we will guide you through the process.
3. MONTHLY PRICING AND "PER-LEAD" FEE
1-888-4-Notary charges a monthly fee for the right to receive Leads from prospective customers. Fees are charged on a per-store basis, and vary from state to state and province to province in Canada. Prices are listed on our signup page. Once you sign up, your monthly price will not change for at least one year. You will be notified of any pricing changes at least 30 days prior to the end of your anniversary date.
In addition to the Monthly Fee, You will be charged a "Per-Lead" Fee, as set forth in our Signup Page. Any person that calls you using our Toll Free Number (1-888-4-Notary) or our "Click-to-Call" button shall be considered a "Lead". In some cases we may set up a local number that tracks calls to your store, in which case calls dialed through our local number shall be considered "Leads" as well. Once you sign up, your "Per-Lead" Fee will not change for at least one year. You will be notified of any pricing changes at least 30 days prior to the end of your anniversary date.
4. HELP AND SUPPORT
If you need help, you should click on "Contact Us" on our website http://18884Notary.com.
5. COPYRIGHT
All content included on the Website, including all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of 1-888-4-Notary or its content licensors and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of 1-888-4-Notary and protected by U.S. and international copyright laws. All software used on this site is the property of 1-888-4-Notary or its software licensors and protected by United States and international copyright laws. 1-888-4-Notary is a trademark of Sharper Ideas. The UPS Store® locations are independently owned and operated by franchisees of Mail Boxes Etc., Inc. in the USA and by its master licensee and its franchisees in Canada.
6. PROPRIETARY RIGHTS
The Company owns and retains proprietary rights in the Service. The Service contains copyrighted material, trademarks, and other proprietary information of the Company, its licensors and licensees.
7. LICENSE
You shall be solely responsible for providing notary services to customers that contact you via 1-888-4-Notary. You affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to provide notary services.
8. WARRANTIES
A. THE COMPANY PROVIDES THE SERVICE TO INDIVIDUAL END USERS ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE. WITHOUT LIMITING THE FOREGOING, THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT.
B. The Company does not warrant that your use of the Service will be uninterrupted, always available, or error-free, that the Service will meet your requirements, or that any defects in the Service will be corrected. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
9. LIMITATION OF LIABILITY
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY'S AND ITS AFFILIATES AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU TO THE COMPANY IN CASH IN CONNECTION WITH YOUR ACCOUNT. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD- PARTY ADVERTISERS OR RESULTING FROM THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
10. INDEMNITY BY REGISTERED USER
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, contractors, agents, attorneys and accountants from and against any and all claims, losses, judgments, damages, and liabilities (including reasonable attorneys' fees), whether or not involving a third party ("Claims"), relating to or arising out of (a) your use of the Service, including any breach by you of the Terms of this Agreement, (b) personal injury, death or tangible physical property damage in connection with Affiliate's act or omission, and (c) without limiting the foregoing, Affiliate's acts or omissions in connection with this Agreement or Affiliate's breach hereof, in each case to the extent such Claim or Claims do not result solely from the gross negligence, recklessness or intentional act of 1-888-4-Notary or such other indemnified persons. To the extent the indemnity available to 1-888-4-Notary or the other indemnified persons named above is lesser than that available to any such person or entity under the Affiliate Program Agreement, the indemnification under the Affiliate Program Agreement shall govern with respect to such circumstance and such person or entity.
11. TERM AND CANCELLATION
Participation as a subscriber in the 1-888-4-Notary Network requires a one (1) year commitment. When you sign up, you are obligated to pay your monthly fee for 12 months. Unless you provide 30 days written notice to cancel at least 30 before any anniversary date, you will be automatically subscribed for an additional one (1) year term.
12. COMPLAINTS
To resolve a complaint regarding the Service, you should first contact the Company by clicking on the "Contact Us" link on our website (http:// 18884notary.com).
13. BILLING AND COLLECTIONS
Your subscription or transcription charges are billed to your credit card monthly. Payments are due when invoiced. Late accounts may be assessed a $10 per-store late fee, plus interest charges of 2% per month, or the maximum allowed by law, whichever is greater. In the event collection action is required, you shall be responsible for all legal and collection costs as allowed by the court.
14. FORCE MAJEURE
1-888-4-Notary shall not be responsible for any failure to perform any obligation or provide Service hereunder because of any (a) act of God, (b) war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, in any such case which are being experienced by providers of telecommunications Services generally and not targeted or directed at 1-888-4-Notary specifically, or (d) other similar force beyond 1-888-4-Notary.s reasonable control.
15. INTERPRETATION; AMENDMENT; WAIVER; SEVERABILITY
No provision of this Agreement or any exhibit or annex hereto shall be construed strictly against any party hereto, including, without limitation, the drafter hereof or thereof. Neither this Agreement nor any provision hereof may be amended, waived or modified in any way other than by a writing executed by the party against whom such amendment, waiver or modification would be enforced. No failure to exercise, and no delay in exercising and no course of dealing with respect to any right hereunder shall operate as a waiver thereof. Nor shall a waiver by any party hereto of a breach of any provision herein be deemed a waiver of any subsequent breach. The rights and remedies provided by this Agreement are cumulative, and the exercise of any right or remedy by either party hereto (or by its successor), whether pursuant to this Agreement, to any other agreement, or to law, shall not preclude or waive its right to exercise any or all other rights and remedies. The headings or titles of the several paragraphs of this Agreement are inserted solely for convenience and are not a part of, nor shall they be used or referred to in the construction of, any provision of this Agreement. Words in the singular number shall include the plural, and vice versa. Whenever examples are used in this Agreement with the words "including," "for example," "any," "e.g.," "such as," "etc." or any derivation thereof, such examples are intended to be illustrative and not in limitation thereof. All references to the masculine, feminine or neuter genders shall mean and include all genders. In case any one or more of the provisions contained in this Agreement for any reason shall be held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, any such provision(s) shall be severed, and such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement or any action in any other jurisdiction. Moreover, if one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad or unreasonable as to the period, scope or geographical area so as to be unenforceable at law, such provision or provisions shall be modified or substituted by the appropriate judicial body so as to cover the maximum period, scope or geographical area permitted by applicable law.
16. ASSIGNMENT; CHOICE OF LAW; VENUE
The provisions of this Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of 1-888-4-Notary. This Agreement is personal to you, and may not be assigned or transferred to any other person or party. This Agreement is to be construed in accordance with and governed by the internal laws of the State of California without giving effect to choice of law. Any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement shall be brought or otherwise commenced or maintained exclusively in a state or federal court located in the City of San Francisco. Each of the parties specifically consents to the exercise of personal jurisdiction over it for this purpose and waive any objection based on improper venue or inconvenient forum.