Terms of Service of Notarize Genie
Term of services
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) 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.
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.
The Service
Notary 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.
Signatories and businesses 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.
User 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 are solely responsible for verifying that (i) e-signed Documents and Notarizations are legally valid and binding for User’s intended purposes and (ii) User’s intended recipient will recognize as valid and accept an e-signed or remotely notarized Document
4. You have the legal capacity, and you agree to comply with these terms;
5. You are not under the age of 18;
6. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
7. You will not use the Site for any illegal or unauthorized purpose; and8. 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.
No Legal Advice
When using Notarize Genies Services, User may obtain information from Notarize Genie or Notarize Genie Notareis concerning laws governing electronic signatures, electronic notarization, and other subject matter. THis information is for informational purposes and is not legal advice. Notarize Genie is not a law firm and is not providing legal advice to User. Notarize Genie Notaries do not provide legal advice to User on behalf of Notarize Genie. User is responsible for obtaining counsel to provide legal advice concerning the Services, documents, external documents, User data, and Transactions.
User 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.
Disclaimer
Except as otherwise provided in an order form or supplement, the Site and Sercvices are provided “As Is” without warranty of any kind. Notarize Genie does not warrant (A) That the platform or services will meet User’s requirements, (B) That the platform’s operation or the delivery of services will be secure, uninterrupted, or error-free, (C) That documents and files downloaded through the Site will be free of viruses or other harmful code, (D) that a third party will accept a notarized or e-signed document for user’s intended purpose, or (E) that a court or other authority that declines to follow applicable notary law or applicable electronic signature law will recognize a notarization of e-signed document as valid or enforceable. Except as expressly stated in this agreement, Notarize Genie Disclaims (for itself, its notaries, its service providers and its licensors) all other representations and warranties, whether express or implied, oral or written, regarding the Site, Services, and other performance obligations under the Agreement, and all warranties arising from course of dealing, course of performance or usage of trade. Notarize Genie makes no representation or warranty of any kind regarding user data, statement or information provided by a notary, any third-party software, or in the interoperability of the platform or services with any third-party software or system.
Refund Policy
Should you run into issues with our Services, you may be eligible for a refund. See our refund policy here.
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 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 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.
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.
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. 202 Circle Park Drive Suite 3 Sebring, FL 33870
P: (800) 381-8240
F: (239) 217-4370
