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TERMS OF USE


1.  INTRODUCTION


Welcome and thank you for downloading and accessing our application (“App”).


Access and use of our App is governed by and subject to these terms of use (“Terms of Use”), the Privacy Policy, and the Acceptable Use Policy (together, the “Terms”). 


Our “Privacy Policy” describes the ways that your User Content is collected, processed, shared, stored, and protected on the App.

Our “Acceptable Use Policy” describes your prohibited behaviors and practices when accessing and using our App.


These Terms constitute a binding legal agreement by and between JustNotarized, Inc. (“Company”, “we”, “us”, “our”) and you, an individual (“User”, “you,” “your”) (Company and User are referred to individually as a “Party”, and collectively as the “Parties”). 


Defined terms are as specified throughout these Terms and are identified in quotes. The singular meaning of a defined term will have the same meaning as the plural meaning and vice versa. When section is used, it is referring to a section of this Terms of Use.


If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such company or other legal entity to these Terms, and “User”, “you”, “your” as used herein will mean such company or legal entity.


**** The provisions of these Terms which are surrounded by asterisks are to let you know that these terms are important. ****


By accessing and using the App, you agree to be bound by these Terms. 

**** If you do not wish to be bound by these Terms, please do not use the App. ****


The App will be provided solely from within the continental United States, and on computing and storage devices residing within the United States.


**** These Terms require that any disputes between you and us will be resolved by binding, individual arbitration, and that you waive your right to a trial by jury or class action lawsuit. Please see section 19 (Class Action Waiver) and section 20 (Dispute Resolution) for further details. ****


Any information, materials, graphics, links, images, photos, pictures, information or data, in whatever arrangement or form, that we make available to you through our App is referred to as “Content”. 


Any information, texts, photos, pictures, materials, video, links, images, and/or Data, and which may include your name, username, password, in any form or arrangement which you may upload, or otherwise provide to the App and/or your Account, is collectively referred to as “User Content”, and is governed by the terms under section 5 (Rights You Grant Us) and section 9 (User Content and Other Users Content).


Through your use of our App, you give us, including, but not limited to, our third party providers, the right to receive, collect, use, host, and store, the following information pertaining to you: (a) personal data (as an example: name, geo-location, contact information, login and payment information) (“Personal Data”) and (b) location, log-file, analytics data, and other information volunteered by you or collected automatically through your use of our App and/or your Account (“Analytical Data”) (collectively Personal Data and Analytical Data, the “Data”). 


Any information, texts, photos, pictures, materials, video, links, images, and/or data, in any form or arrangement, which are posted, uploaded, stored on, or otherwise provided to the App by other users of the App (“Other Users”), is collectively referred to as “Other Users Content”, and is governed under the terms of section 9 (User Content and Other Users Content).


2.  ELIGIBILITY

You are only eligible to access and use our Platform, if you are of legal age of majority (i.e. you can enter into and sign a contract on your own behalf, without the consent of a guardian, parent, or court) in the country, state, region, or province where you reside. 

By accessing and using the App, you also agree that:

  1. you can form a binding contract with us, and other parties;

  2. that you have the right, authority, and capacity to agree to and abide by these Terms; and

  3. you will comply with these Terms and all applicable local, state, national, and international laws, rules and regulations associated with these Terms.


If you don’t agree to the above, then don’t use our App. If it comes to our attention that you are violating our eligibility requirements, we will take appropriate measures to enforce our requirements, including, but not limited to, terminating your access and use of our App and your Account.


3.  YOUR ACCOUNT AND YOUR OBLIGATIONS

In order to access and use the App, you may need to create an account (“Account”) and provide certain information about yourself as prompted by the account registration form which includes providing a unique sign-in name (“Username”) and password (“Password”). 


You are solely responsible for maintaining the confidentiality of your Account information, including your Username and Password. Further, you are responsible for all activity occurring on your Account.


Do not allow anyone else to use your Account unless otherwise authorized by us in the App. Do not register for more than one Account, register an Account on behalf of someone else, or transfer your Account to another person or entity.  


You will need to provide accurate and current registration information, including but not limited to, personal information about yourself. We will collect, use, and store your registration information as specified in our Privacy Policy. By creating an Account or providing us with information, you acknowledge and agree that: (a) all required information you submit is truthful, accurate, current, and complete; and (b) you will maintain the accuracy, truthfulness, and completeness of such information. You agree to promptly notify us by email, at the email address specified in section 25 (Contact Us), of any unauthorized use, suspected unauthorized use of your Account, any other breach of security, or if we need to deactivate your Username or Password. You may terminate your Account with us at any time, for any reason, by accessing the settings in your Account. 


**** To the maximum extent allowed by applicable law, we are not and will not be responsible for any loss or activity that results from the unauthorized use of your Account. ****


4.  OUR OBLIGATIONS


We will maintain commercially reasonable administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of your Personal Data, including using multi-factor authentication.


5.  RIGHTS WE GRANT YOU

During the Term, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable, non-assignable right to access and use our App (the “Your Right to Use”), but only for your business purposes. Your Right to Use is for the sole purpose of letting you use and enjoy our App as permitted by these Terms. Your Right to Use will remain in effect until and unless our App is terminated by you or us. Your Right to Use will apply to our App as modified, supplemented, updated, and otherwise altered. 


All rights not expressly granted to you are expressly reserved by us.


6.  RIGHTS YOU GRANT US

By using our App, you grant us, directly and indirectly, a non-exclusive, transferable, royalty-free, worldwide license to use, collect, host, store, copy, reproduce, aggregate, distribute, display, and perform your User Content for us to provide you with access to and use of the App (the “License”). 


You agree that this License includes the right for us, directly or indirectly: (a) to make User Content submitted to or through the App available to other companies, organizations, or individuals, in compliance with these Terms; (b) to comply with requests that are legal in nature (e.g., subpoenas, court orders, legal process, law enforcement requests, legal claims, or government inquiries, and to protect and defend the rights, interests, safety, and security of our App, our affiliates, users, or the public); (c) to respond to requests from third party service and business providers (e.g., payment applications and other services); and (d) in connection with a sale, merger, acquisition, or other business transfer.


Further, you also agree that this License includes the right for us, directly or indirectly: (a) to allow the App to use the processor, bandwidth, and storage hardware on your device in order to facilitate the operation of the App; and (b) to provide information about our App to you.


You also agree that we, directly or indirectly, may monitor your use of the App and collect and compile anonymized data, information statistics, performance information, and other content (“Aggregated Statistics”). We, directly or indirectly, will use the Aggregated Statistics to make improvements, changes, enhancements, and updates to the App; provided, that, such Aggregated Statistics does not identify your User Content, without your prior written consent.


As part of our commitment to providing you with the best service, we welcome comments, reviews, suggestions, and ideas for and about the following: App, features, modifications, enhancements, Content, refinements, technologies, offerings, promotions, strategies, or feature names, or any related documentation, artwork, computer code, diagrams, or other materials you wish to provide your opinion and suggestions, or opine on, regardless of the method of communication (collectively, “Feedback”). By using the App, you grant us, directly and indirectly, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, host, store, copy, aggregate, produce, license, sublicense, distribute, disclose, transmit, publish, publicly display, publicly perform, modify, create derivative works of, translate, reformat, and incorporate your Feedback into our products and services. We, directly or indirectly, will (a) have no obligation to (i) report on any uses of your Feedback; (ii) keep the your Feedback secret or be required to restrict publishing or disclosure of your Feedback; or (iii) compensate or credit you in any way regarding your Feedback. Further, we will be entitled to profit from, disclose, publish, or otherwise exploit your Feedback in any way that we deem appropriate.

7.  PROHIBITED USES OF OUR APP

You may use the App only for lawful purposes and in compliance with these Terms. We reserve the right, in our sole discretion, to determine whether you have violated this section. 


You agree not to, nor permit, authorize, or allow any third party to use the App in any one or more of the following ways: 

  1. copy, duplicate, or publish the features, functions, or user interfaces of the App, in whole or in part; 

  2. rent, lease, lend, sell, resell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, in whole or in part;

  3. modify, reverse engineer, disassemble, decompile, decode, adapt, hack, attempt to hack, or otherwise attempt to derive or gain access to any software component, underlying idea or algorithm of the App, in whole or in part; 

  4. decipher any transmissions to or from the server running the App;

  5. interfere with or disrupt the integrity or performance of the App;

  6. attempt to bypass or break any security mechanism of the App, or using the App in any other manner that possesses a material security or service risk to us or any of our users;

  7. attempt to gain unauthorized access to the App or its related systems and networks;

  8. permit access to or use of the App in a way that circumvents any contractual usage limits;

  9. alter, deface, remove, disable, or suppress the display of any copyright, trademark, trade name, logo, or trade dress included as part of the App or our Content;

  10. use the App in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property rights or other rights of any person or entity, or that violates any applicable law and/or regulation.


You will not, nor permit, authorize or allow any third party, to use the App to do any one or more of the activities as set forth in the Acceptable Use Policy, incorporated herein by reference. Further, you agree to comply with the terms of the Acceptable Use Policy.


We reserve the right, at any time, without notice, to terminate or suspend your access to and use of the App, at our sole discretion, for your violation of above terms, as specified in the section 16 (Term and Termination; Suspension).


8.  FEES

The fees for access and use of our App does not include any taxes or processing fees, which you are responsible for paying.


We reserve the right to change the fees for the access and use of our App, at any time. Changes to the fees for the access and use of our App will not affect any payments made prior to the effective date of the changes to the fees for the access and use of our App. Your continued use of your access and use of our App after the date any changes to the fees for the access and use of our App becomes effective will constitute your acceptance of such fee changes, unless you cancel your access and use of our App prior to the automatic renewal. 


If we make any material changes to the fees for the access and use of our App, we will provide you with notice by displaying a prominent notice on our website, or sending you an email. Please make sure that you read any such notice carefully. Having received notice of any changes to the fees for the access and use of our App, if you continue to access and use the App, then you agree with the changes to the fees for the access and use of our App. If you do not wish to continue accessing and using the App because of the change in the fees for the access and use of our App, you can terminate your access and use of our App, see section 16 (Term and Termination; Suspension) for details. 


We may offer special promotions, and we reserve the right to modify, terminate, or otherwise amend our any promotional offerings at any time in accordance with these Terms.


9.  PAYMENT

When signing up for an Account or through accessing the app you will be required to provide a valid method of payment (a "Payment Method"). You may update your Payment Method at any time by accessing your Account or providing different payment information when processing a transaction on the App.


Payment of fees that are due and payable by you to us will be made in United States currency.  


By creating an Account or accessing the APP and use of the App (“Order”), you also agree and authorize: (a) the Payment Method you provide to be immediately charged for all fees, taxes, and processing fees that are applicable for your access and use of the App; (b) to share your payment information and fulfill the instructions required by our third-party payment processors or service providers to complete the payment transactions; and (c) no additional notice or consent is required for the foregoing authorizations. If the Payment Method is declined or no longer available and there is no alternative payment method, then we may suspend your access and use of the App (see section 16 (Term and Termination; Suspension) for details), and we will notify you accordingly via email or in the App. If you do not provide an alternative payment method for payment of the access and use of the App, we may terminate your access and use of the App.


You are responsible for all activities and charges that occur under your Account or based on your usage. Your liability for such charges will continue after termination of these Terms. 


All amounts paid to us are non-refundable. This no-refund policy will apply at all times regardless of your decision to terminate usage of the App, any disruption to the App, or any other reason whatsoever. 


10.  USER CONTENT AND OTHER USERS CONTENT


We do not control, take responsibility for, or assume liability for any losses or damages associated with any User Content posted, uploaded, or stored to the App and/or your Account by you or by another person that uses your Account with or without your permission (“Third Party User”). 


We do not control, take responsibility for, or assume liability for any losses or damages associated with any Other Users Content posted, uploaded, or stored to the App by Other Users of the App.


We do not endorse or approve of User Content and/or Other Users Content. We may review your User Content and/or Other Users Content, before or after it is posted or uploaded, and we reserve the right to not post or later remove any of your User Content and/or Other Users Content which we determine, in our sole discretion, is not in compliance with these Terms or applicable laws, or in response to complaints from Other Users or third parties. While we reserve this right to monitor your User Content posted, uploaded, and/or stored to the App and/or your Account or Other Users Content posted, uploaded, and/or stored to the App, we are also under no obligation to do so. 


When you post, upload, and/or store User Content to the App, you acknowledge and agree that (a) you own that User Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of your User Content. You are responsible and liable if any of your User Content violates or infringes or misappropriates the intellectual property or privacy rights of any third party, and (b) you will not incorporate in your User Content any malicious content (including but not limited to, any code, content, programming instructions constructed with the ability or intent to damage, harm, interfere with, restrict, impede, deny service to, interrupt, disrupt, or otherwise affect information processing, operations, programs, data, systems or communications devices or files, in any manner, including, but not limited to, computer viruses, worms, disabling code, trojan horses, malware, ransomware, adware, spyware, logic bombs, time bombs, monitoring code, back doors, drop dead devices, trap doors or other access means)(“Viruses”). 


We are not obligated to remove any User Content, except as required by law. If you believe that your rights are being violated with respect to your User Content, please contact us at email address specified in section 25 (Contact Use).


Further, we are not and will not be liable or responsible for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter while accessing or using the App. We disclaim and take no responsibility for your conduct, that of Other Users, on or off our App. 


From time to time, we may pull User Content you share on social media using our brand name, brand hashtags, other social media indicators, or tagging us using any one of our social media handles (collectively, the “Hashtags”). You acknowledge and agree that by using our brand name, tagging us, or using a Hashtag, that it may be used by us for advertising purposes related to our App, and you hereby grant us permission and authorize us to use your name or social media handle in association with your User Content for identification, publicity and advertising related to our App, including after your termination of your Account or your access and use of our App. You acknowledge and agree that the posting and use of your User Content, including to the extent that your User Content includes your name, username, likeness, voice, or photograph, does not violate, misappropriate, or infringe on the rights of any third party, including without limitation, privacy rights, publicity rights, copyrights, trademark, and other intellectual property rights.


11.  APP STORES


You acknowledge and agree that the availability of the App is dependent on a third party (e.g. the Apple App Store or Google Play) (“App Store”) from whom you received the App (“Sourced App”). You acknowledge that these Terms are between you and us, and not with the App Store. 


We, not the App Store, are responsible for the Sourced App, the Content therein, maintenance, support services, warranties, and addressing any related claims (e.g. product liability, legal compliance, or intellectual property infringement).


In order to use the Sourced App, you must have a mobile device that is compatible with the App and access to a wireless network, and you agree to pay all fees associated with such access to the wireless network.


Your license to use the Sourced App is conditioned upon your compliance with all applicable App Store terms and conditions. You acknowledge and understand that the App Store is an intended third-party beneficiary of these Terms, and will have the right to enforce these Terms, but only with respect to your right to use the Sourced App.


12.  OWNERSHIP

The App, along with all Content, Updates, and other materials therein, including, without limitation, our logos, trademarks, service marks and all designs, text, graphics, pictures, information, data, software, manuals, guides, documentation, sound files, other files, and the selection and arrangement, including any copies, are the property of Company and/or our suppliers (as applicable), and are protected by U.S. and international patent law, copyright law, trade secret law, trademark law, and all other proprietary rights.


You retain all rights which may exist in your User Content.

13.  REPRESENTATIONS AND WARRANTIES; DISCLAIMERS

**** Each Party represents and warrants that:

  1. they have and will have the power and authority to enter into and perform their obligations under the terms and conditions of these Terms;

  2. the execution, delivery, and performance of their obligations under the terms and conditions of these Terms by such Party will not (i) result in a violation of any law, judgment, or order applicable to such Party, or (ii) conflict with or breach any contract or other obligation to which such Party is bound;

  3. they hold and will hold all licenses, approvals, registrations, permits, and certifications required under applicable law to conduct their business, including without limitation, all necessary business licenses, tax registrations, and import and export licenses; and

  4. they comply and will comply with all applicable federal, state, and local laws, including privacy laws.


You represent and warrant that you are of legal age of majority in your country, state, region or province of origin.


You represent and warrant that (a) you own or have received the rights to post, upload, and/or store your User Content on the App; (b) your User Content does not and will not violate any laws or regulations; (c) your User Content does not and will not infringe or misappropriate the intellectual property rights of another party; and (d) you have not and will not post, upload, and/or store any User Content to the App which incorporates Viruses.


We (a) make no representations or warranties of any kind, whether express, implied, statutory, or otherwise regarding the App; (b) disclaim all warranties of any kind, whether express or implied warranties, including without limitation, (i) implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, compatibility, or non-infringement or misappropriation of third party rights; (ii) arising out of, resulting from, caused by, and/or related to any course of dealing or usage of trade; (iii) that the App will be delivered free of any interruptions, delays, omissions, or errors, or in any secure manner; or (iv) that any User Content will be secure or not otherwise lost or altered. 

The App, including any materials, information, software, facilities, services, Content, Updates, features, manuals, guides, documentation, and other materials and elements of the App, is provided on an AS-IS basis and AS-AVAILABLE basis. Your use of the App is at your own risk.


While the App has been compiled in good faith, we make no warranty or representation and disclaim all responsibility and liability for:

  1. the completeness, accuracy, availability, timeliness, security, or reliability of the App;

  2. any harm to your devices, loss of data or materials, or other harm that results from your access to or use of the App;

  3. the deletion of, or the failure to store or transmit, any content and other communications maintained by the App;

  4. any files or other data you download will be free of viruses, or contaminated, or have destructive features;

  5. whether the App will meet your requirements, provide specific results, or be available on an uninterrupted, secure, or error-free basis;

  6. any defects or errors in the App will be corrected; and

  7. your inability to access or use the App.


This section applies to the fullest extent permitted by applicable law. This section does not affect your statutory rights as a consumer. ****


14.  INDEMNIFICATION


**** You agree to indemnify us and hold us harmless from or against any and all third party claims, actions, and demands, in each case including any related liabilities, losses, damages, judgements, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing referred to as “Third Party Claims”) that are awarded against us, or agreed in settlement by you insofar as such Third Party Claims were related to or arise from one or more of the following:

  1. your use of the App in violation of these Terms or in a manner not authorized by these Terms;

  2. your use of the App in combination with any data, software, hardware, equipment, or technology not provided by us;

  3. your violation of applicable laws or regulations;

  4. User Content infringes or misappropriates the intellectual property rights of a third party; 

  5. breach of your representations and warranties as specified in these Terms;

  6. you engage in any unfair or deceptive acts or practices;

  7. your gross negligent or willful acts or omissions; (h) your violation of applicable laws and regulations, including privacy laws. 


We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. ****


15.  LIMITATION OF LIABILITY


**** To the extent permitted by law, in no event will we be liable for (a) any damages, including, but not limited to, indirect, incidental, special, consequential, exemplary, or punitive damages, arising out of or in connection with your use of the App or any information or Content contained as part of the App, (b) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to access and/or use the App, whether an action alleging such damages is brought in contract, negligence, tort, or otherwise, and even if we have been advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable. 

In no event will our total liability under any and all causes of action on a cumulative basis exceed the payments made by you to us during the immediately preceding twelve (12) month period.


The exclusions and limitations above are fundamental elements of the basis for the bargain between us and you. ****


16.  TERM AND TERMINATION; SUSPENSION


These Terms of Use commence and are binding on the first date you access or use the App, and will continue until your right to access and use the App is terminated as described in these Terms (“Term”). At any time, for any reason, you may terminate your Account by accessing the settings in your Account, and verifying that you want to terminate your Account. Prior to the termination of your Account, you should make a copy of all of your User Content. After you have terminated your Account, we will have no obligation to maintain a copy of your User Content, unless required by law. 


If you opt-out of using cookies (as described in the Privacy Policy) which are used in the App, then these Terms will terminate, as well as, your right to access and use the App, and your Account.


We may suspend or terminate your Account, or cease providing you with access and use of the App, at any time, for any or no reason, including, but not limited to, if we reasonably believe: (a) you have violated these Terms in any manner, including but not limited to, using the App in a manner not authorized by these Terms; (b) due to your unlawful conduct; (c) you create risk or possible legal exposure to us; or (d) our provision of the App to you is no longer commercially viable. Further, if you do not make payment of the fees for access and use of the App, we may terminate your access to and use of the App. These Terms will continue to apply to you until terminated by either you or us. 


After terminating or suspending your access to and use of the App and your Account, we will send you a notice stating the reason(s) why we took action against you. From time to time, we may conduct a case-by-case review of our decision to terminate or suspend your use and access to the App, provided you email us the reasons you believe we should reverse our decision. You can email us at the following email address,  admin@justnotarized.com, within a reasonable time of our decision to terminate or suspend your access to the App and your Account. Upon receipt of your email, we may, but are in no way required or obligated to, review your reasons and respond within a reasonable time.


If we suspend or terminate your access and use of the App and your Account due to your violation of any portion of the prior paragraph, then you agree that you will not attempt to re-register with or access the App through use of a different Username or otherwise. In the event that you violate the immediately preceding sentence, we reserve the right, in our sole discretion, to immediately take any or all of the actions specified in these Terms, without any notice or warning to you.

You acknowledge that we will not have an obligation to refund any amounts that you have already paid to us, regardless of when the termination or suspension occurred. 


To the fullest extent permitted under applicable law, if we or you terminate your access and use of the App and your Account, you agree that we will have no liability or responsibility to you or any third party. After your access and use of the App and your Account are terminated, these Terms of Use will terminate, except that the following provisions will continue to apply to us and you: section 6, last paragraph (Rights You Grant Us); section 9 (Payment); section 12 (Ownership); section 13 (Representations and Warranties; Disclaimers); section 14 (Indemnification); section 15 (Limitation of Liability); section 16, last paragraph (Term and Termination; Suspension); section 18 (Governing Law); section 19 (Class Action Waiver); section 20 (Dispute Resolution); section 21 (Integration); section 22 (Severability); and any other provisions that by their nature will survive termination of these Terms of Use.


17.  CHANGES TO THIS TERMS OF USE


Occasionally, we may make changes to these Terms of Use. If we make material changes to these Terms of Use, we will provide you with notice by displaying a prominent notice on our website or our App or by sending you an email. Please make sure you read any such notice carefully. Having received notice of any changes to the Terms of Use, if you continue to use the App, then you agree to the updated Terms of Use. Neither the course of conduct between the Parties nor trade usage will act to modify or alter the provisions of these Terms of Use.


If you do not wish to continue using the App under the updated Terms of Use, you can terminate your access and use of the App, pursuant to section 16 (Term and Termination; Suspension).


18.  GOVERNING LAW


Any dispute or claim (including non-contractual disputes or claims) arising out of, resulting from, caused by and/or related to these Terms, their subject matter, or their formation  will be governed by and construed in accordance with (a) the laws of the state which has venue and jurisdiction, without reference to its conflicts of laws and choice of law rules or principles, and (b) any controlling United States federal laws. The Parties irrevocably agree that the federal and state courts located in Los Angeles County, California will have exclusive venue and jurisdiction to adjudicate and settle any dispute or claim (including non-contractual disputes or claims) arising out of, resulting from, caused by, and/or related to this Agreement, its subject matter, or its formation. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from application to these Terms.


19.  CLASS ACTION WAIVER

**** You agree that you may bring claims against us only in your individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, representative, multiple plaintiff, or similar proceeding. ****


**** You agree that any arbitration will be limited to the dispute between you individually and us. To the fullest extent permitted by law: (a) no arbitration will be joined with any other party; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons or party. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. ****

20.  DISPUTE RESOLUTION


We are confident our customer service department can resolve most concerns quickly and to your satisfaction. Please contact our support team by email at  admin@justnotarized.com.


**** After an informal dispute resolution process, if the Parties agree that any remaining dispute, claim, or controversy between the Parties arising out of, resulting from, in connection with, or relating in any way to the terms and conditions of these Terms or to your relationship with us as a user of the App (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the terms and conditions of these Terms) will be determined by mandatory, binding, individual arbitration administered by American Arbitration Association (“AAA”), conducted in the English language, without appeal or review except as permitted by law (for purposes of clarification, no class action arbitration is permitted under the terms and conditions of these Terms). ****


The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the Party’s individual claim.


A Party who intends to seek arbitration must first send a written notice of the dispute to the other Party, by electronic mail (“Dispute Notice(s)”). Our email address for Dispute Notices is:  admin@justnotarized.com. The Dispute Notice must (a) describe the nature and basis of the claim or dispute; and (b) specify the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the dispute directly, but if we do not reach an agreement to do so within thirty days (30) after the Dispute Notice is received, either Party may start an arbitration proceeding. Any arbitration between the Parties will take place under the (a) Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force, if User is a consumer; or (b) Commercial Arbitration Rules and Mediation Procedures, if User is a company or other legal entity (the “AAA Rules”). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. We can also help put you in touch with the AAA. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.


During the arbitration, the amount of any settlement offer made by either Party may not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event the dispute between the Parties is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of our last written settlement offer, then we will instead pay you either (a) the amount of the award or one thousand dollars ($1,000.00 USD), whichever is greater, if User is a consumer; or (b) the amount of the aware or one thousand dollars ($1,000.00 USD), whichever is greater, if User is a company or other legal entity. All documents and information disclosed in the course of the arbitration will be kept strictly confidential by the recipient. All documents and information disclosed will also not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award, and will not be disclosed except in confidence to persons who have a need to know for such purposes, or as required by applicable law.


Regardless of the terms in the above paragraphs, the Parties both agree that nothing in this section 20 (Dispute Resolution) will waive, preclude, or otherwise limit either of our rights, at any time, to bring an individual: (a) action in a U.S. small claims court; (b) claims for (i) defamation; (ii) violation of the Computer Fraud and Abuse Act, (iii) infringement or misappropriation of your or our intellectual property, or (iv) access to the App that is unauthorized or exceeds authorizations granted in these Terms; or (c) action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this section 20 (Dispute Resolution) will not stop either Party from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).


21.  INTEGRATION


These Terms contain the full understanding of the Parties with respect to the specific subject matter and supersedes and cancels all other previous agreements, negotiations, commitments, discussions, and warranties, whether oral or in writing, with respect to such subject matter. The Parties have not relied on any statement, representation, warranty, or agreement of the other Party or of any other person on such Party’s behalf, including any representations, warranties, or agreements arising from statute or otherwise in law, except for the representations, warranties, or agreements expressly contained in these Terms. Nothing in this section purports to limit or exclude any liability for fraud. 


22.  SEVERABILITY


If any provision of these Terms of Use is declared void or unenforceable by a court of competent jurisdiction, such provision will be deemed severed from the Terms of Use, and the remainder of the Terms of Use will otherwise remain in full force and effect as permitted by applicable law.


23.  FORCE MAJEURE


We will not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by any act, event, non-happening, omission, or accident beyond our reasonable control and includes, but is not limited to, any one or more of the following (collectively, “Force Majeure Event”): 

  1. acts of God;

  2. flood, fire, earthquake, tornado, hurricane, tsunami, other potential disasters, catastrophes, or explosions; 

  3. war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, insurrection, or other civil unrest;

  4. government order, law, or actions; 

  5. embargoes or blockades in effect on or after the effective date of this Agreement; 

  6. national or regional emergency;

  7. strikes, labor stoppages or slowdowns, lockouts, labor disturbances or other industrial disturbances;

  8. telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials;

  9. pandemics, epidemics and any associated quarantine or shelter-in-place orders or similar orders. 


You agree that your sole and exclusive remedy where our delay or failure to perform is due to a Force Majeure Event(s) is to terminate your access and use of the App and your Account, specified in section 16 (Term and Termination; Suspension).


24.  UPDATES AND CUSTOMER SUPPORT


At various times, we may choose to make available updates or other changes or enhancements to the App (collectively, “Updates”). Please note that the App may be unavailable during an Update.


For general customer support, or assistance with your Account or payment related questions (“Customer Support Queries”), please email us at admin@justnotarized.com. We will use reasonable efforts to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame, and/or that we will be able to answer any such queries.


25.  CONTACT US


We welcome comments, questions, concerns, or suggestions. Please send us feedback via email at  admin@justnotarized.com.


These Terms of Use were last updated: November 25, 2024.



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