Notary Terms of Service of Notarize Genie
Notary Terms of services
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “your,” “yours” or “Notary”) and Notarize Genie (“we,” “us,” or “our”) concerning your access to and use of the Notarizegenie.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all these Terms of Use, you are prohibited from using the Site and must discontinue use immediately.
Notarize Genie has the right to, at our sole discretion, make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each change.
You are responsible for periodically reviewing these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Use by your continued use of the Site after such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1. Notarize Genie’s Services and Legal Rights
The Service
Notarize Genie provides a platform where persons or businesses can find Online Notary Publics for the notarization of documents (collectively, the “Service”). Notarize Genie utilizes audio-video communication technology to connect the signatories to Notary Publics. The signatory uploads a copy of the document they need Notarized, and the Notary is able to provide their signature and stamp to the document electronically.
Notaries must register for user accounts here before being eligible to use our Service.
Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “As Is” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Third-Party Services and Content
The Services may be made available or accessed in connection with third-party services and content, including advertising, that Notarize Genie does not control. Once you click on a link to third-party services or content, you will be subject to the terms and conditions and privacy policy of that website, destination, or third-party service provider. Notarize Genie will not warn you that you have left the Services or that you are subject to the terms and conditions of another website, destination, or third-party service provider. You access all links in third-party websites and advertisements at your own risk, as these are not part of the Services and are not controlled by Notarize Genie.
License
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
Notary Representations
By using the Site, you represent and warrant that:
1. All registration information you submit will be true, accurate, current, and complete;
2. You will maintain the accuracy of such information and promptly update such registration information as necessary;
3. You have the legal capacity, and you agree to comply with these terms;
4. You are not under the age of 18;
5. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
6. You will not use the Site for any illegal or unauthorized purpose; and
7. Your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site or any portion thereof.
Notary Registration
You may be required to register with the Site. You agree to keep your password and will be responsible for all use of your account and password. Account registration requires you to submit to Notarize Genie certain personal information, including your name, address, and phone number. For more information regarding Notarize Genie’s use of your personal information, please see our privacy policy currently available here.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. Failure to comply with these Terms may result in your inability to access or use the Services.
2. Code of Conduct and Expectations
Guiding Principals
At Notarize Genie, we aim to set the industry standard for notary services provided to our users. We expect our Notaries to conduct themselves in a manner that upholds our goal. As such, our Notaries must follow the following principles (which have been adopted from the National Notary Association, Notary Signing Agent Code of Conduct)
Qualifications
The Notary will satisfactorily meet and maintain all qualifications necessary to perform signing services.
Notarization
The Notary will follow all laws, rules, and best practices that apply to the notarizing of documents.
Impartiality
The Notary will remain impartial to the transaction at all times.
Unauthorized Advice or Services
The Notary will not provide legal, personal, financial or other advice or services to the signer in connection with a signing assignment nor explain the terms of any closing document presented to the signer.
Illegal and Suspicious Activity
The Notary will not perform an illegal, deceptive or harmful act in connection with a signing assignment and will report any suspicious activity to the NSA’s contracting company.
Privacy and Confidentiality
The Notary will respect the privacy of each signer and protect documents from unauthorized disclosure.
Fees
The Notary will follow all contractual obligations in charging and collecting fees for services rendered.
Advertising
The Notary will not advertise signing services in a manner that is unprofessional, false, misleading or deceptive.
Professionalism
The Notary will always act in a responsible manner toward contracting companies and parties to the transaction.
Standards
The Notary will endeavor to maintain and raise standards of practice amongst practitioners in the signing services industry.
Notary Conduct on Notarize Genie Platform
While performing each and every notarial act on the Notarize Genie platform, all Notaries must adhere to the following code of conduct:
- • Profanity and/or unprofessional and profane gestures of any kind are never acceptable and will result in the immediate revocation of platform access.
- • Notaries must work in a professional and quiet area designated specifically for notarial acts without distractions or interruptions during the Notarization session.
- • Notaries must present themselves on the camera to the signatory in business casual or professional attire
- • Notaries must carry themselves in a professional manner
- • Notary Genie profile images must be:
- • A photograph or headshot in a well-lit area with a neutral background
- • Clean, pressed business casual or professional attire
- • No hats or sunglasses as your photo is used as identification and is presented to the signer when they are ready to begin their session
- • In addition to the above Notary conduct, every Notary Public that serves on the Notarize Genie platform is expected to follow the Notary Public Code of Responsible Responsibility set forth by the National Notary Association (NNA).
Uniformity & Consistency
Business partners and signatories alike have grown accustomed to our platform and notaries. They demand the highest level of quality and have expectations we must maintain and exceed.
When interacting with the signer(s), you are to act professionally and be polite. When performing notarizations, you must follow the Notarize Genie script.
Notarizations Qualifications
As an independent contractor and commissioned Notary Public in and by your state, it is your responsibility to maintain a level of education and understand the laws associated with your commission. You are solely responsible for the knowledge of legal notarial acts and of your state’s notary rules, regulations, and laws.
Transaction Obligations
Notary is responsible for ensuring that (A) the electronic notarial records are completed accurately using the Site and Services as they were designed, (B) any incomplete or inaccurate information in the Electronic Notarial Records is corrected by making a notation in the “Notes” section of the notarial journal, including properly listing and itemizing fees earned while usig the Site, (C) each notarial certificate Notary completes is accurate and properly completed with all relevant information, and (D) each notarial seal/stamp Notary applies to a document is accurate and follows the requirements of Applicable Notary Law.
Performance Measurements
All notaries will be measured on the following:
● Accuracy and efficiency of notarial acts and notary sessions;
● The Notary’s appearance and work environment;
● Following commissioned state laws;
● Professional Conduct;
● Number of terminated sessions;
● Number of missed sessions;
● Overall ratings and reviews provided by the customer, signer, client, or business partner; and
● Refunds due to Notary error will automatically issue a Written Warning.
Relationship to Notarize Genie
Notary acknowledges that Notary is providing Notarizations on behalf of the Users who request Notarizations. This Agreement does not constitute an employment agreement or otherwise create an employment relationship between Notary and Notarize Genie. This Section does not affect any express written employment agreement or independent contractor agreement between Notary and Notarize Genie that is signed by an authorized Notarize Genie representative.
Compliance
Notary will observe and act in accordance with Notarize Genie’s Rules and policies to ensure legal and regulatory complaince of the Site and the integrity of notarial and other acts facilitated by the Site, will maintain accurate profile information on the Site, and will provide current and updated on the copies of any Compliance Documentation as Notarize Genie requires. Compliance Documentation means Notary’s (A) proof of completion of training required by Notarize Genie or Applicable Notary Law, (B) proof of Notary’s authorization to perform Remote Online Notarizations, (C) proof of sufficient E&O insurance, and (D) any other documentation that Notarize Genie reasonably requires to ensure compliance with applicable law. Notarize Genie may update Compliance documentation requirements with reasonable advance notice to Notary. Notary will perform all notarizations in accordance with applicable notary law and is responsible for ensuring that transactions in which notary user provides services comply with application notary law, including the validity of acts performed using audio-video communication technology.
Written Warnings
A Notary found in breach of the above Code of Conduct can be issued a Written Warning. The Notary is required to sign the written warning and return it to Notarize Genie. After, the third (3rd) Written Warning the Notary will be barred from the Notarize Genie platform indefinitely. Notarize Genie reserves the right to advance the process and bypass the issuance of a Written Warning and bar the Notary from the platform at our discretion.
Troubleshooting
During a notary session, if you notice the signer(s) having technical difficulties, Notarize Genie expects all notaries to attempt a fundamental level of troubleshooting before terminating the session. If you must terminate the session, you must re-attempt the session at least three (3) times while attempting to connect with the signer via email or phone. Should you fail to troubleshoot the problem, you must refer the signer to our live support team.
Payment Terms and Processing
Unless otherwise agreed, the Signatory is charged prior to the transaction. The Transaction Fees are transferred immediately to Notary, unless the Notary is a W-2 employee of Notarize Genie. Payment processing services are provided by Strip and subject to the Stripe Connected Account Agreement (currently available at https://stripe.com/legal/connect-account), which includes the Stripe Services Agreement (currently available at https://stripe.com/legal/ssa) (collectively, the “Stripe Terms”). By using the Site to receive and make payments, Notary agrees to the Stripe Terms, which may be modified from time to time. As a condition of Notarize Genie enabling Stripe payment processing services, You authorize Notarize Genie to (a) share user data with Stripe and (b) initiate debit and/or credit entries to the Notary’s Stripe Connnect account. Notarize Genie may change payment processing vendors or use alternate or backup vendors in its discretion and will provide the Notary notice if a change occurs.
Notarize Genie Marks
Notarize Genie may make Notarize Genie Marks available for Notary or Notary’s business to use solely for the purpose of identifying as a service provider. Notarize Genie may limit or revoke Notary or Notary’s Business ability to use Notarize Genie Marks at any time. Notary and Notary’s Business may never use Notarize GEnie Marks or Our IP without Our Express permission, or in a manner that may lead people to confuse the origin of the Notary or Notary’s Business products or service with those of Notarize Genie. During the subscription period, Notary or Notary’s business may publicly identify Notarize Genie as a service provider that Notary or Notary’s business uses and Notarize Genie may publicly identify Notary or Notary’s business as a customer. If Notary or Notary’s Business does not want Notarize Genie to publicly identify Notary or Notary’s business as a customer, Notary or Notary’s Business should contact legal@notarizegenie.com Upon termination of this Afgreement, Notary or Notary’s Business will remove any public reference to the parties’ relationship on its website and in any marketing materials.
3. Disputes and Liability
Arbitration Agreement and Choice of Law
Any claim or controversy arising out of or relating to this Agreement, or the breach thereof, shall be settled by Arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The Arbitration shall take place in Orange County, Florida, and shall be conducted in English. The number of arbitrators shall be three. Florida law shall apply. Judgment on the award rendered by the arbitrators may be entered into any court having jurisdiction thereof.
The Arbitration shall be conducted by three (3) arbitrators. Each party may select one (1) arbitrator of their choosing within ten (10) days of the commencement of the arbitration proceeding. The two (2) selected arbitrators will then choose a third, neutral arbitrator with twenty (20) days from the date of their appointment. If the Parties are not able to agree upon the selection of an arbitrator, within twenty (20) days of commencement of an arbitration proceeding by Service of a demand for Arbitration, the arbitrator shall be selected by the American Arbitration Association or a State or Federal judge in Florida. If the two arbitrators cannot agree on the selection of a third arbitrator within twenty days of their appointment, the arbitrator shall be selected by the American Arbitration Association, or a State or Federal judge in Florida.
It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within one hundred (100) days from the date the arbitrators are appointed. The arbitrator may extend this time limit in the interests of justice. Failure to adhere to this time limit shall not constitute a basis for challenging the award.
Except as may be required by law, neither party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties.
The Parties shall be entitled to discovery in the Arbitration. Any Party shall be entitled to depose any expert who will testify in the arbitration proceeding but shall pay the regular hourly rate of such expert during such deposition.
The Parties shall exchange a copy of all exhibits for the arbitration hearing and shall identify each witness who will testify at the Arbitration with a summary of the anticipated testimony of such witness ten days before the arbitration hearing.
The arbitrators shall have no authority to award punitive, consequential, or indirect damages. The arbitrators shall not be entitled to issue injunctive and other equitable relief. The arbitrators shall award interest percent from the time of the breach to the time of the award at the rate of 4.75 percent.
The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitations, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrators’ award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this Section by bringing suit in any court of competent jurisdiction. The Parties agree that the arbitrator shall have the authority to grant injunctive or other forms of equitable relief to any party. This Section shall survive the termination or cancellation of this Agreement.
If, for any reason, a Dispute proceeds in court rather than Arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Orange County, Florida, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Limitation of Liability
In no event will Notarize Genie, including each of our respective officers, directors, employees, or agents, be liable to you for any incidental, special, exemplary, punitive, consequential, or indirect damages arising out of or in connection with the Notarize Genie platform, or this Agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages. You may use the Notarize Genie platform to have your documents Notarized by a third party, but you agree that Notarize Genie has no responsibility or liability to you related to other services provided to you by a third party other than as expressly set forth in this Agreement. Certain jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Indemnification
You will defend, indemnify, and hold Notarize Genie, and each of our respective officers, directors, employees, or agents harmless from any claims, actions, suits, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Notarize Genie Site and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party; (3) any documents you provide that are fraudulent or improper under law; and/or (4) any other activities in connection with the Notarize Genie Services.
Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:
Notarize Genie, Inc.
227 US HWY 27 North Suite 208 Sebring, FL, 33870
P: (800) 381-8240
F: (239) 217-4370
