Terms of Service
Welcome to the Safedocs' online video notary service. The Safedocs' service is designed to simplify the process for you to have your document electronically notarized by a registered Virginia electronic notary. We provide an enabling compliant service (the Electronic Service) for Notaries use to notarize documents and authenticate signers for almost any document. YOU MUST ACCEPT THE TERMS AND CONDITIONS SET FORTH BELOW BEFORE ACCESSING THE SERVICE AND NOTARIZING ANY DOCMENTS.
1. Your Acceptance
A. Using any portion of our service constitutes acceptance of these Terms of Service as well, by clicking on the "I Agree" below you signify your agreement to these terms and conditions (the "Terms of Service"). Safedocs' privacy notice, found at www.safedocs.com/legal and incorporated herein by reference. If you do not agree to any of these terms or the Safedocs privacy notice, please do not use the Service.
B. Safedocs may, in its sole discretion, modify or amend these Terms of Service at any time, and you agree to be bound by such modifications or revisions each time you use this service.
A. The Terms of Service apply to all users of the Service. The Service includes all aspects of Safedocs, including but not limited to all products, software and services offered via the Safedocs Service.
B. The Service may include links to third-party websites that are not owned or controlled by Safedocs. Safedocs has no control over, and therefore assumes no responsibility for, the content or practices of any third-party service. Safedocs cannot censor or edit the content of any third-party service. By using the Service you expressly relieve Safedocs from any and all liability arising from your use of any third-party website.
C. ACCEPTANCE INCLUDES SIGNERS ACKNOWLEDGEMENT THAT ALL TRANSACTIONS THAT USE THE SAFEDOCS SERVICE ARE ACCEPTED, MODIFIED, AND COMPLETED AT THE SOLE DISCRESSION OF THE RESPECTIVE NOTARY AND CONFORM TO THE LAWS OF THE COMMONWEALTH OF VIRGINIA REGARDING ONLINE NOTARIZATIONS AND THAT THE NOTARIES USING THE SERVICE ARE NOT EMPLOYEES, REPRESENTATIVES, OR AGENTS OF SAFEDOCS.
3. Safedocs Accounts
A. In order to be accepted as a Safedocs Signer and to access some features of the Service, You must provide or someone for you must provide complete and accurate information to Safedocs for its brief use of setting up the transaction and establishing your identity. You are solely responsible for the activity that occurs during your transaction therefore; YOU must keep your account password secure.
B. In addition to your other obligations under these Terms of Service and in consideration of your use of the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Safedocs registration information and or the Notary and (ii) maintain and promptly update such personal and professional information to keep it true, accurate, current and complete during the transaction(s). If you provide any personal or professional information that is untrue, inaccurate, not current or incomplete, or in the event that Safedocs, or a Notary, has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Safedocs and or the Notary has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any portion thereof.
C. As directed by the Notary you may be requested to upload your electronic document for notarization. You will be able to track its activity for the notarization. We will connect you to an electronic notary with a Safedocs account who is an approved Virginia notary to notarize your document.
D. You agree to provide the required and compatible audio and video equipment for access to the Service. Satisfactory evidence of identity may be based on audio-video conference technology that allows the notary to communicate with and identify you at the time of the Notarial act. You agree to be identified as requested by the Safedocs Service and or Notary including but not limited to third party credit bureaus.
E. It is your obligation to inform the Notary during your use of the Service if you are unable to download or save an acceptable copy of your notarized document. YOU MAY NOT BE ABLE TO RETRIEVE A COPY AFTER YOUR SESSION HAS ENDED.
F. Jurisdictional and personal acceptance of an electronically signed/notarized document is not guaranteed. It is the responsibility of the signer to confirm acceptance of the electronically signed/notarized document prior to engagement with the service. As such please confirm acceptance of "The Service" with the document requestor /receiver prior to engaging.
4. General Use of the Service, Permissions and Restrictions
Safedocs hereby grants you the limited right to view and use the Service as set forth in these Terms of Service, provided that:
A. You agree not to distribute any part of the Service in any medium without Safedocs' prior written consent;
B. You agree not to alter or modify any part of the Service;
C. You are of legal age to enter into contracts (you are not a minor).
D. You have full right and power to enter into and perform this agreement, and have secured all third party permissions necessary to enter into this agreement;
E. You agree to access the Service only through the video playback pages of the Service itself or other explicitly authorized means Safedocs may designate;
F. You agree to pay the published fee for the notarization services rendered to you;
G. You agree not to use the Service for any commercial purposes except for electronic notary services unless you obtain Safedocs' prior written approval;
H. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Safedocs servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Safedocs grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Safedocs reserves the right to revoke these exceptions either generally or in specific cases;
I. All factual assertions that you have made and will make while using the Service are true and complete and all consents and other documents provided during the use of the Service are true and valid copies of the originals;
J. Safedocs reserves the right to discontinue any aspect of the Service at any time;
K. You agree to not reverse engineer the Service or build a service to compete with the Service within one year of ending this agreement and at any time during the term of this agreement; and
L. You agree to present Safedocs in the most favorable light. You agree not to publish in any manner negative information or information that could be construed as being negative to Safedocs and/or its business.
5. Use of Service
In addition to the stated restrictions above, the following restrictions apply specifically to your use of the Service.
A. The Service is subject to copyright and other intellectual property rights under the law, and trademarks, service marks and logos within the Service are owned by or licensed to Safedocs.
B. The Service is provided to you AS IS. You acknowledge that the Service includes new technology and software for the authentication and notarization of documents, and as such, you accept that glitches and interruption of service may occur. You may access the Service only for your personal or business use as permitted under these Terms of Service. You agree not to copy, reproduce, distribute, sell, license, or otherwise exploit the Service for any other purposes without the prior written consent of Safedocs. Safedocs reserves all rights not expressly granted in the Service.
C. You agree not to circumvent, disable or in any way interfere with security features of the Service and/or our business.
D. You understand that you are under no obligation to use a referred notary or their company as a result of using the Service and will not hold Safedocs responsible for any interaction that occurs with a Notary while using the Safedocs service.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SAFEDOCS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. SAFEDOCS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. SAFEDOCS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SAFEDOCS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL SAFEDOCS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SAFEDOCS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SAFEDOCS SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU SPECIFICALLY AGREE BY YOUR USE YOU WILL NOT CAUSE TO SUE SAFEDOCS FOR ANY ACTIONS RELATED TO THIS TRANSACTION. YOU AGREE THAT YOU CAN NOT PURSUE A CLASS ACTION SUIT AGAINST SAFEDOCS; THAT YOUR ONLY REMEDY IS TO SUBMIT YOUR CLAIM TO BINDING ARBITRATION IN CONTRA COSTA COUNTY CALIFORNIA; AND YOUR CLAIM/DAMAGES CAN NOT BE MORE THAN THE AMOUNT YOU HAD PAID SAFEDOCS FOR THE SERVICES RENDERED.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Safedocs, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your actions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service. You are familiar with Section 1542 of the Civil Code of the State of California, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. You waive and relinquish any right and benefit which you may have under Section 1542 and under any similar laws of any state or territory of the United States or other jurisdictions to the extent that you may lawfully do so in connection with the subject matter of this agreement.
These Terms of Service, and any rights and licenses granted hereunder, may not be assigned by you without Safedocs prior written consent, but may be assigned by Safedocs without restriction.
10. Safedocs Credit Card Privacy, Refund and Pricing Policies.
Contact, Authentication and Credit Card Policies: Safedocs, Inc., requires Enterprise clients to provide their Signer's contact and general information. This information is used to contact the Signer(s) and provide our national antecedent providers information to compile government compliant questions to establish the Signer(s) identity as required by law and or to establish their identity for other authentication purposes. Information provided by our Enterprise clients may include but is not limited to: Signer's name, date of birth, address, city, state, zip code, phone number, and email address. Safedocs Policies regarding this as well as the credit card information are: Antecedent questions presented to the Signer(s) directly by the Antecedent providers are only visible on the Signer(s) screens; the Credit Card information (account number - security code) is also only displayed on the Signer(s) screen, and is provided to the credit agency directly; neither is stored by Safedocs. Information displayed on the Signer's screen is the responsibility of the Signer(s) to keep confidential.
Refund Policy: There is no refund. Safedocs will diligently work will all parties to attempt to cure any defect in signing and or Notarizing a document based on: notifying Safedocs within one business day of use of service; the document was properly executed within the Safedocs Service; the defect was a direct result of the technology/individuals associated with the Safedocs Service. Examples of non curable defects are: content, text mistakes (spelling, missing, miss placement); wrong documents used or added to document(s); mistakes by any third party; compliance; non acceptance for any reason of a Safedocs Service signed, notarized document by any third party. Signer uses this new and emerging technology at their own risk; cure and damages are limited to the amount charged by Safedocs to use the service. Acceptance of a digitally signed - notarized document by a subsequent third party is the responsibility of the Signer.
Pricing Policy: Safedocs Inc., provides a software service to established enterprises in an array of business verticals via qualified and registered Virginia electronic notaries. As such, pricing will vary based on the nature and complexity of the transaction, number of individuals involved and total number of notarial seals applied during the transaction. Your service provider - our enterprise partner or client sets your fee, please confirm your cost before proceeding. To insure your understanding, Safedocs will attempt to present your fee within a confirmation window during your signing of the documents. You agree that you are responsible for the amount quoted to you by your provider irrespective of the amount displayed during the signing process.
These Terms of Service shall be governed by the substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Safedocs that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Contra Costa County, California. These Terms of Service shall constitute the entire agreement between you and Safedocs. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Safedocs' failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND SAFEDOCS AGREE THAT ANY CAUSE OF ACTION/CLAIM ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Dated: February 2, 2016. Copyright © Property of Safedocs Inc.