Updated March 9, 2023
These Terms of Service (“Terms”) govern access to and use of any products or services (collectively, the “Service”) available or accessible through https://bluenotary.us/ (the “Website”).
These Terms apply to: (a) “Visitors”, which means visitors to and users of the Service who are yet to request for the Service; and (b) “Customers”, which means who have ordered for the Service.
For purposes of these Terms, Visitors and Customers may each be referred to as “you” and “your”. Blue Notary may be referred to as “Blue Notary”, “we”, “our”, and “us”.
1. ELIGIBILITY AND ACCESS
1.1 Age. If you are a minor (you are under 18 years of age or the age of legal majority where you live), you may not use our Service without the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a minor, you agree to be fully responsible for the minor’s acts or omissions in relation to our Service.
1.2 Authorization. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You hereby certify you are legally permitted to use the Service, and take full responsibility for the selection, access, and use of the Service.
2. YOUR RESPONSIBILITIES
2.1 You are Responsible for Protecting Your Account from Unauthorized Access. To access the Service, you must register for an account and provide information which may include, at a minimum, your name, email address and a password. Certain portions of the Service may require additional information to identify and authenticate your identity, including your mobile number, address, and Social Security Number. You acknowledge and agree that all information you provide is correct, current, and complete. Upon completing registration, you will receive a username and password (your “Credentials”). These Credentials and your account are personal to you. You are responsible for: (a) keeping your Credentials confidential; (b) preventing unauthorized access to the Service using your Credentials or other security information; (c) notifying us immediately of any unauthorized access to or use of your Credentials or any other breach of security; and (d) exiting from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your credentials or other personal information. We have the right to disable any username, password, or other identifier if we have a reasonable basis to believe you have violated any provision of these Term.
2.2 You are Responsible for Retaining Your Documents and Data. Unless otherwise specified in a service agreement to which you and Blue Notary are parties, Blue Notary has no contractual obligation to you to retain or store any document or data related to any transaction for any period of time. It is your responsibility to download and retain any and all available documents and data related to a transaction, including but not limited to identity and account information, audio recordings, video recordings, photos or images, results of identity verification or credential analysis, transaction documents, and any other information collected during or required to complete the transaction. Blue Notary will not be responsible or liable to you for the unavailability of any documents or data. You further understand and agree that Blue Notary may transmit, process, store, or disclose your data: (a) as necessary to provide our services; and (b) to comply with law or a request of a regulatory or governmental authority.
2.3 You are Responsible for Determining Whether the Service is Appropriate for Your Intended Purpose. You understand and acknowledge that certain types of transactions may require physical signature or in-person notarization. By using the Service, you consent to using an eSignature to digitally sign documents. Blue Notary does not review the contents of documents, monitor transactions, or give legal advice of any kind, so it is your sole responsibility to determine whether the Service (a) is appropriate for your needs, (b) does or will meet any applicable legal requirements, or (c) will otherwise serve your intended purpose. Blue Notary is not responsible for any rejection or unenforceability of a digital signature or electronic notarization.
3.2 Updates to these Terms. We reserve the right, in our sole discretion, to revise and update these Terms in whole or in part at any time. The “Last Updated” section at the top of this page serves as notice to you of the last date of modification of these Terms. You are expected to check this page frequently to be aware of any changes.
4. OUR INTELLECTUAL PROPERTY RIGHTS
4.1 Ownership of the Service. The entire contents, features, and functionality of the Service, (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Blue Notary, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title or interest in or to the Service or any content therein is transferred to you, and all rights not expressly granted are reserved by Blue Notary.
4.2 Feedback. To the extent you provide any feedback, comment, suggestion, recommendation, proposal, change, or idea Blue Notary regarding the operation of the Service (collectively, “Feedback”), you agree to grant and hereby grant Blue Notary a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use, incorporate, make, have made, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit such Feedback without restriction.
4.3 Prohibitions. Except for user contributions made by you or on your behalf, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material on our website or Service. If you provide any other person with access to any part of the Service in breach of these Terms, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the Service not expressly permitted by these Terms is a breach of contract and may violate copyright, trademark, and other laws.
5. OUR DISCLAIMERS
5.1 “As is” and “As available” service. Your use of the website, its content, and any service or items obtained through the service is at your own risk. The service, its content and any service or items obtained through the service are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Blue Notary nor any person associated with Blue Notary makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the service. Without limiting the foregoing, neither Blue Notary nor anyone associated with Blue Notary represents or warrants that: (a) the service, its content or any service or items obtained through the service will be accurate, reliable, error-free or uninterrupted; (b) defects will be corrected: (c) that our site or the server that makes it available are free of viruses or other harmful components: (d) the service or items obtained through the service will otherwise meet your needs or expectations; (e) a digital signature or electronic notarization will be accepted for your intended purpose by any third party, including a court, governmental agency, private individual or entity, or any other authority.
5.2 Refund Policy. Due to the irrecoverable nature of digital software products, all products are sold ‘as-is’ by Blue Notary and are non-refundable, including digital certificates and eSeals. Blue Notary makes no guarantee that digital certificate or eSeal products will be accepted by third parties. It is recommended that you check with the 3rd party before purchasing eSeal or Digital Certificate from Blue Notary.
All subscriptions as sold as-is and non-refundable except in some instances which will be determined on case-by-case basis.
All sales are final except in some instances which will be determined on a case-by-case basis.
5.3 Viruses or Destructive Code. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the service or any service or items obtained through the service or to your downloading of any material posted on it, or on any website linked to it.
5.4 No Legal Advice. Any information provided to you regarding laws or regulations pertaining to the Service is provided for general informational purposes only and is not intended to be a substitute for legal advice. We are neither lawyers nor a law firm, are not licensed to practice law in any state, and do not provide legal advice of any kind.
5.5 Third-Party Services. Blue Notary shall not be responsible or liable to you for the information or services provided by third parties, whether the third party is found through Blue Notary or otherwise.
(a) Generally. Some components of the Service may be provided by third parties, including without limitation, services for audio-visual recording, notarial acts, and identity authentication and related services. In some cases, these third-party services are co-branded with Blue Notary. You understand and agree that any information you provide to or through a third party is subject to the terms, policies, and practices of that third party. Blue Notary makes no express or implied warranties as to the information, material, products or services that are provided by a third party or contained on or accessible through third-party websites. You agree that we have no responsibility to you for the operation or content of third-party websites or services.
(b) Third-Party Notary Services. You understand and agree that, in addition to the terms set forth under Subsection (a), above, any individual representing themselves as notary whom you communicate or transact with while using the Service is a third party and is not employed, supervised, or subject to control by Blue Notary in any way. To the extent we provide information regarding a party representing themselves as a notary such information is provided as a convenience and is not to be considered an express or implied warranty, endorsement, recommendation, or guarantee of any kind regarding the accuracy or completeness of such information or the individual’s: (a) certification or licensure; (b) compliance with applicable law or regulation; (c) availability; (d) quality of services; or (e) competence.
5.5 Open Call Removal/Blacklist. Improper or erroneously performed open call notarization sessions can result in the removal of the Notary from open call opportunities. This is subject to sole discretion of BlueNotary. No refund for service or subscription will be issued in such cases.
6. OUR LIMITATION OF LIABILITY
6.1 Limitation and exclusions. In no event will Blue Notary, its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use the service, any websites linked to it, any content on the service, or such other websites or any service or items obtained through the service or such other websites, reliance on any third party content, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Blue Notary’s total liability to you or any third party for any cause of action which arises out of or is related to these terms or your use of the website and whether based on contract, tort (including negligence), or any other legal or equitable theory, will not exceed the greater of: (a) $100; or (b) the total amount actually paid by you to Blue Notary for the service giving rise to the claim during the twelve (12) month period immediately preceding the date of the first event giving rise to the liability. the existence of more than one claim shall not enlarge this limit.
You understand and agree that you are assuming the entire risk for the use of the service and the accuracy, completeness, usefulness, and timeliness of the service or any of its information, products, or processes.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law, provided that this section 6 shall be interpreted to limit Blue Notary’s liability to the maximum extent permitted under applicable law.
6.2 Allocation of risk. The parties agree that the limitation of liability, disclaimer of warranties, and exclusion of damages set forth in these Terms is a reasonable allocation of risk and an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of other provisions of these Terms. Each of these provisions shall apply to any remedy ordered by a court, regardless of whether such court determines that any remedy provided for hereunder fails in its essential purpose.
You agree to defend, indemnify and hold Blue Notary, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) to third parties arising out of or relating to your use of the Website or Service, including without limitation your use of third-party services, your violation of these Terms, and your use of the Service in a manner that is not expressly authorized in these Terms.
8. GOVERNING LAW; JURISDICTION; VENUE
All matters arising from or relating to our Service or these Terms (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States without giving effect to any choice or conflict of law provision or rule (whether of such state or any other jurisdiction). You hereby consent to personal jurisdiction and subject matter jurisdiction of such courts, and you hereby waive any defenses of lack of personal or subject matter jurisdiction and improper venue related to the validity, enforceability, damages, and injunctions that may result from breach of these Terms.
9. ARBITRATION; WAIVER OF JURY TRIAL AND CLASS ACTION
9.1 Class Action Waiver. You and Blue Notary agree that any dispute arising out of or related to these Terms or our Service is personal to you and Blue Notary, and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.
9.2 Arbitration of Disputes; Waiver of Jury Trial. Except for small claims disputes in which you or Blue Notary seek to bring an individual action in small claims court or disputes in which you or Blue Notary seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Blue Notary waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Service resolved in court.
10. WAIVER AND SEVERABILITY
10.1 No Waiver. No waiver by Blue Notary of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Blue Notary to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
10.2 Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
11. ENTIRE AGREEMENT