Terms & Conditions

Welcome to the Verifly Notary website www.VeriflyNotary.com (the “Site”). These Terms of Use are entered into by and between you (“you” or “Customer”) and Verifly Notary (“we,” “us,” or “Verifly Notaryl”).

Please review the following terms and conditions (“Terms”) concerning your use of this Site. By accessing, using or downloading any materials from the Site, you agree to follow and be bound by the Terms. The Terms govern your access to and use of the Site.

If you do not agree with any of these terms and conditions, do not use the Site. By utilizing this Site, you understand and agree that information about you and your transaction will be shared with other companies for the purpose of processing your transaction, including credit card processing and identity verification vendors. Further, by using our services, you understand and agree that we and/or our service providers may communicate with you regarding the services. You may also receive periodic e-mail messages from us. All such e-mails will allow you the opportunity to opt-out from receiving subsequent e-mail messages. Please see our Privacy Policy for more information.

THESE TERMS AND CONDITIONS MAY CHANGE

Verifly Notary reserves the right to update or modify these Terms at any time without prior notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. For this reason, we encourage you to review these Terms whenever you use this Site.

DISCLAIMER

All notarial acts include an admin fee in the total price, notarial act fees are not to exceed state mandated maximum fees per the Office of the Secretary of State.

Note: A notary public is not an attorney and cannot give legal advice.

OUR SERVICE

If you commence but do not complete a transaction on the Site, Verifly Notary may contact you in an effort to assist you with the completion of the transaction.

If at any time you have questions about the Site or the Service, you can reach us via e-mail to dustin@veriflynotary.com or by telephone at 559-382-0002.

VERIFLY NOTARY AND THE NOTARIES ON OUR PLATFORM DO NOT PROVIDE LEGAL SERVICES OR ADVICE, AND DO NOT AND WILL NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.

AlthoughVerifly Notary attempts to provide accurate information on the Site, it assumes no responsibility for the accuracy of the information. Verifly Notary may change the Services or prices mentioned at any time without notice. Verifly Notary may periodically make changes to the Site.

ACCESSING THE SITE AND ACCOUNT SECURITY

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

You are responsible for both:

• Making all arrangements necessary for you to have access to the Site.

• Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

TERMS OF SALE

We use Stripe and other electronic forms of payment to process your payments. For more information on information we disclose to service providers and other third parties, please see our Privacy Policy.

USER CONDUCT

By using the Site and the Service, you warrant that you are over 18 years of age, that you are providing Verifly Notary accurate, truthful information, and that you have the authority to use the Service. Verifly Notary reserves the right to refuse service for any reason or no reason.

In addition, you agree that, while using the Site and the Service, you shall not:

• engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;

• submit, post, email, display, transmit or otherwise make available through the Service any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

• submit, post, email, display, transmit or otherwise make available through the Service any material that you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity;

• submit, post, email, display, transmit or otherwise make available through the Service any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

• modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Service or the rights or use or enjoyment of the Service by any other user;

• impersonate any person or entity or falsely state or otherwise represent your affiliation with a person, or entity;

• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Service;

• solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of other users or other information; or

• modify, reverse engineer, decompile or disassemble any part of the Service, whether in whole or in part, or create any derivative works from any part of the Service, or encourage, assist or authorize any other person to do so.

In addition, by using the Service, you:

• consent to our methods of identification, authentication, signing, verifying, recording, transmitting, sharing and storing information;

• consent to use of an electronic signature, which has the same legal impact and incurs the same legal rights and obligations as with physical ink-to-paper signature, and acknowledge that you have the option to use traditional physical ink-to-paper signature, and are foregoing that option by using the Service;

• agree to use digital certificates as a form of signature;

• agree to cooperate with requests made by the Service or the notary to effect the proper notarization of your document;

• agree to comply with the Uniform Electronic Transactions Act (UETA), the federal Electronic Signatures in Global and National Commerce Act (ESIGN) and other state notary laws and regulations governing the notary you are served by; and

You expressly acknowledge that we cannot control who might accept your notarized documents using the Service and that we are not liable for any document that is not accepted.

INTELLECTUAL PROPERTY RIGHTS

Verifly Notary logo, and the Site are all property of Verifly Notary. Other trademarks, product names and Verifly Notary names or logos used on this site are the property of their respective owners. All images, graphics, text and other content used in connection with the Site are protected by trademark, copyright and other proprietary laws and treaty provisions. These Terms of Use permit you to use the Site for your personal, non-commercial use only. You may not download (except where invited), reproduce, modify, publish, distribute, transmit, transfer, sell or modify any portion of this Site without our express written authorization, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

• Modify copies of any materials from this site.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

• Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Verifly Notary. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Verifly Notary, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Verifly Notary. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

CHANGES TO THE WEBSITE

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Site may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Site.

• Send emails or other communications with certain content, or links to certain content, on this Site.

• Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.

• Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

• Link to any part of the Site other than the homepage.

• Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

LINKS FROM THE WEBSITE

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

INDEMNIFICATION

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, VERIFLY NOTARY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND VERIFLY NOTARY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO VERIFLY NOTARY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT VERIFLY NOTARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You will indemnify, defend and hold harmless Verifly Notary and all of its direct and indirect officers, directors, employees, agents, successors and assigns (each, an “Indemnified Person”) from any and all third party claims, demands, actions or threat of action (whether in law, equity or in an alternative proceeding), losses, liabilities, damages (including taxes), and all related costs and expenses, including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties (collectively, “Losses”), and threatened Losses due to, arising from or relating to any use of the Services by You or your vendors, agents, suppliers, employees, consultants, referred parties, and the like (“Indemnified Claim”). No settlement or compromise that imposes any liability or obligation on any Indemnified Person will be made without the Indemnified Person’s prior written consent (not to be unreasonably withheld). If You fail to defend an Indemnified Person as provided in this Section after reasonable notice of an Indemnified Claim, You will be bound (i) to indemnify and reimburse the Indemnified Person for any Losses incurred by any Indemnified Person, in its sole discretion, to defend, settle or compromise the Indemnified Claim; and (ii) by the determination of facts common to an action and subsequent action to enforce the Indemnified Person’s reimbursement rights.

You (the “Indemnifying Party”) shall, to the extent permitted by law, indemnify, defend and hold harmless the other Verifly Notary and its respective employees, officers, directors, agents and representatives (the “Indemnified Party”) from and against any and all third party liabilities, actual or alleged claims, actions, losses and damages (collectively, a “Claim”) to the extent caused by or arising out of the gross negligence, willful misconduct, or violation of law of the Indemnifying Party or any agent of the Indemnifying Party in the course of its performance under this Agreement, including but not limited to personal injury, death, damage to property (tangible or intangible), infringement of intellectual property rights, and/or injury, sickness, or disease to persons (including death), infringement of civil rights or other tortious acts settlements, judgments, court costs, reasonable attorneys’ fees, fines, penalties and other litigation expenses. This indemnity shall apply to all Claims against the Indemnified Party made or threatened by, or in the name of or on behalf of the Indemnifying Party’s employees which arise in the course of their employment. The Indemnifying Party hereby waives any defense it may otherwise have under applicable workers compensation laws.

DISCLAIMER AND LIMITATION OF LIABILITY

Without limiting the foregoing, Verifly Notary is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site or Service. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Service.

IN NO EVENT SHALL VERIFLY NOTARY AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED FIFTY ($50) DOLLARS, OR THE AMOUNT ACTUALLY PAID BY YOU IN THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, WHICHEVER IS GREATER. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, VERIFLY NOTARY AND ITS SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR THE SERVICE, OR FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

Verifly Notary shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Verifly Notary or by third-party providers, or because of other causes beyond Verifly Notary reasonable control, but Verifly Notary shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, VERIFLY NOTARY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND VERIFLY NOTARY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

The failure of Verifly Notary to perform its respective obligations under this Agreement shall not be deemed a breach of this agreement to the extent that such performance is delayed or prevented in whole or in part by acts of God, fire, floods, storms, explosions, accidents, pandemics, epidemics, war, civil disorder, national emergency or other labor difficulties (including a strike, lockout or other work stoppage), or any law, rule, regulation, order or other action adopted or taken by any federal, state or local government authority or any other cause not reasonably within such party’s control, whether or not specifically mentioned herein, such an event being known as an event of “Force Majeure”. Pandemic means an epidemic disease that is occurring throughout a very wide area, usually several countries or continents, and usually affecting a large proportion of the population.

Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in these Terms may not apply to you.

ARBITRATION

The Agreement and the relationship between Customer and Verifly Notary shall be governed by the laws of the State in which the notary is commissioned without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award, Customer and Verifly Notary agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Washington and waive any objection as to venue or inconvenient forum. The failure of Verifly Notary to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. No amendment to this Agreement shall be binding unless posted.

Any dispute or claim between Customer and Verifly Notary arising out of or relating to this Agreement shall be resolved by binding arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in KIngs County, California and shall be conducted in English. Questions of arbitrability shall be decided by the arbitrator. The prevailing party shall be entitled to an award of reasonable attorney’s fees and costs of suit. The arbitrator’s decision shall follow the plain meaning of the relevant documents and the decision shall be in writing including the legal reasoning and factual basis for the decision. Judgment upon the arbitrator’s decision may be entered in any court of competent jurisdiction following judicial review, if any, as provided for by law. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. All claims shall be arbitrated individually, and Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND OTHER PROCEDURES INHERENT IN ORDINARY CIVIL LITIGATION. MANDATORY BINDING ARBITRATION FOR NON-CALIFORNIA RESIDENTS.

MISCELLANEOUS

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. No right or interest in this Agreement will be assigned by either Party without the prior written permission of the other Party, which shall not be unreasonably withheld. Notwithstanding the foregoing or anything to the contrary in this Agreement, either Party may, without the other Party’s written consent, assign this Agreement in its entirety to any entity that acquires all or substantially all of such Party’s assets (other than in a bankruptcy proceeding) or a majority of such Party’s outstanding equity securities, or is the surviving entity in any merger; provided that the assignee agrees to be bound by all of the terms and conditions of this Agreement. Any attempted assignment in contravention of this provision will be void and ineffective. The assigning Party shall remain obligated for the performance of this Agreement by any Affiliate. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Verifly Notary in any respect whatsoever. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

YOUR COMMENTS AND CONCERNS

This website is operated by Verifly Notary

All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: dustin@VeriflyNotary.