Terms and Conditions of Use of Notary Connect, LLC
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company's terms and conditions. "Notary Connect", "Notary Connect, LLC", "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. "Basic", refers to a free Client subscription. "Advanced", and "Premium", refers to a paid Client subscription. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client‟s needs in respect of provision of the Company‟s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
1 Acceptance The Use Of Notary Connect Terms and Conditions
Your access to and use of Notary Connect is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
Notary Connect reserves the right to terminate or modify the service at any time, without prior notification. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. Notary Connect makes no claims that the service will be uninterrupted or error-free and customers use the application at their own risk. However, if the application will be unavailable due to planned maintenance we will endeavor to notify all users at least 7 days in advance. You agree, as a customer, not to license, resell, lease, transfer or distribute the service to any third party vendors. You agree, as a customer, not to use Notary Connect for unlawful purposes, such as infringing privacy, data ownership or intellectual property rights. You agree to act within anti-spam policy guidelines for your country and shall not use Notary Connect to transmit unsolicited mail. As a customer of Notary Connect you acknowledge that Notary Connect is the proprietor of the software and you do not have the right to adapt, hack, or reverse engineer the source code of the software. You are responsible for the data stored in your Notary Connect account, and for all data, be it email, chat, social media messages or learning management system sent or published from your Notary Connect account. Notary Connect does not take responsibility for any racist, libel or defamatory messages of any kind sent or published from the Notary Connect application, and you indemnify Notary Connect from any damages relating to such an occurrence. You agree to keep your login information confidential, and to restrict each login to one person. A single user account shall not be shared by multiple people. Notary Connect reserves the right to cancel the account of a customer immediately, and without warning, if the customer infringes the above terms. If, at Notary Connect’s sole discretion, we determine the customer has abused their access rights to the Notary Connect application termination without warning will take effect immediately.
3 Trial, Billings and Payments
Each individual, as identified by a unique email address, is allowed one free trial of Notary Connect for a 30-day period, unless agreed otherwise. At the end of the 30-day trial period the ‘Advanced or Premium’ account will revert to 'Basic', unless the customer expressly chooses to maintain the ‘Advanced or Premium’ service by entering their billing information. Notary Connect does not take any responsibility for any loss of data when the Notary Connect application reverts from ‘Advanced or Premium’ to ‘Basic’. The Notary Connect packages – ‘Advanced’ and ‘Premium’ are billed yearly (this constituents the billing year to be every 365 days from the initial billing date) and in advance. The customer receives one year’s (365 days) access to the determined subscription once payment has been made. The customer will automatically be charged on the same date each year for continuous access to paid subscription (the "Auto-Renewal Process").
The Notary Connect application allows Paypal for the customer to update billing information. If payment is not received by Notary Connect in the initial Auto-Renewal Process the customer will revert to 'Basic' and all paid privileges will be lost. Customers may upgrade their subscription to another plan at any time. There are no refunds for downgrades or cancellations of accounts before the pre-paid year has expired. If the customer upgrades during their pre-paid year, the difference for the remaining days of their billing year will not be charged pro-rata at time of upgrade. Upon upgrading, the customer will be charged the price of the newest subscription starting a new subsequent billing year.
4 Termination / cancellation of service
Cancellation may be done through PayPal or by emailing a written request to firstname.lastname@example.org. As soon as the cancellation notification is fulfilled the customer account shall revert to 'Basic' and the customer shall no longer have access to the 'Advanced' or 'Premium' content. Notary Connect reserves the right to delete the contents of all cancelled accounts at its sole discretion.
5 Modifications to service or prices
Notary Connect reserves the right to modify or discontinue the Service (or any part thereof) with or without notice at any time. Notary Connect shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. Notary Connect reserves the right to implement price changes and agrees to provide 30 days notice to the customer. Customers on yearly subscriptions shall be charged the new price the next billing year provided that the next billing year begins after such 30 days will have passed after Notary Connect notifies the customer. Customers on annual accounts will be charged the agreed amount for the full 12 months of their contract; thereafter the new price will take effect.
The contents of the Notary Connect website do not constitute advice and should not be relied upon in making or refraining from making, any decision. By using the Notary Connect website You agree that You are not relying upon any information contained therein in making or refraining from making any decision.
7 Disclaimer of warranties.
The service, including the site and content, and all server and network components are provided on an “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by law. Notary Connect expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that Notary Connect does not warrant that the service will be uninterrupted, timely, secure, error-free or virus-free, and no information or advice obtained by you from Notary Connect or through the service shall create any warranty not expressly stated in these terms.
8 Change of Use
Notary Connect reserves the right to:
Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Notary Connect shall not be liable to you for any such change or removal and.
Change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
9 Third party services
To deliver our service to you, Notary Connect may utilize third party services. Your acceptance of these services confirms your compliance with the terms and conditions of these third party services. Notary Connect is not responsible for, nor does it endorse, the governance of your rights by third party companies. Notary Connect is not liable for any damage or loss attributed to, or connected to, your access of a third party’s services. Notary Connect Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Notary Connect or otherwise used by Notary Connect as permitted by law. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
11 Disclaimers and Limitation of Liability
The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, Notary Connect will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
Notary Connect makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Notary Connect is not responsible for injury or damage of any kind, including but not limited to, injury, death, damage, property damage/loss or any other type of loss which may arise in whole or in part from the use of information on this website or in any other media form.
No consequential damages. Under no circumstances and under no legal theory (whether in contract, tort, negligence or otherwise) will either party to these terms, or such party’s affiliates or their respective officers, directors, employees, agents, suppliers or licensors be liable to the other party or any third party for any indirect, incidental, special, exemplary, consequential, punitive or other similar damages, including lost profits, lost sales or business, lost data, business interruption or any other loss incurred by such party in connection with these terms or the service, regardless of whether such party has been advised of the possibility of or could have foreseen such damages. Limits on monetary damages. Notwithstanding anything to the contrary in these terms, Notary Connect’s (including any of its affiliates) aggregate liability, for damages (monetary or otherwise) under these terms claimed by you or any third party arising from our service, shall be limited to the lesser of (i) actual damages incurred, or (ii) payments made by you for the service during the twelve (12) months preceding the claim. the parties acknowledge and agree that the essential purpose of this section is to allocate the risks under these terms between the parties and limit their potential liability given the fees charged under this agreement, which would have been substantially higher if Notary Connect were to assume any further liability other than as set forth herein. The parties have relied on these limitations in determining whether to enter into these terms.
You agree to indemnify and hold Notary Connect and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Notary Connect arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
Should any of these Terms and Conditions be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
14 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of the United States of America and you hereby submit to the exclusive jurisdiction of the state and federal courts of the United States of America.
15 No Other Rights.
No other rights or licenses are granted under this Agreement by implication, estoppel, statute or otherwise, except as expressly provided herein.
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