Terms of Service
Acceptance of Terms and Conditions
MyiNotary.com is a free or fee-based website and application. All MyiNotary.com users are entitled to use the Site. However, only users who have purchased a subscription will have unlimited entries per month and access to all the features stated under “pricing plans”.
MyiNotary.com welcomes users who are 18 years of age and older. Through the Site, users can learn about the services that MyiNotary.com provides and the benefits that they are entitled to if they purchase a subscription from MyiNotary.com.
This Agreement sets forth the terms and conditions that apply to use of the Application and/or the Site. By using the Application and/or the Site (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof.
4. Security and Uptime
You acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of MyiNotary.com. While MyiNotary.com makes reasonable precautions against loss or theft of data, MyiNotary.com shall not be responsible for any data lost or stolen while transmitting information on the Internet. While it is MyiNotary.com’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at any time for any reason including, without limitation, routine maintenance. Therefore, it is your responsibility to keep copies of any data you upload to the Site and to regularly download PDF copies of the Notary Records you upload to the Site. Downloading entries can be performed under the “My Account” feature on the website.
MyiNotary.com shall have the right at any time to change or discontinue any aspect or feature of MyiNotary.com, including, but not limited to: the information fields available for customization on a Notary Record, the file types available for downloading Notary Records, the length of time Notary Records are available, the amount of storage space available, the services available, and the equipment or software needed for access or use of the Application and/or the Site.
MyiNotary.com may discontinue or eliminate features on the Application and/or the Site, discontinue the use of any file type available for download, change or eliminate any transmission method, and/or change transmission speeds of the Application and/or the Site. Further, MyiNotary.com may request additional information at any time by Users to update or enhance benefits and/or use of the Application and/or the Site.
6. Registration Data; Account Security
In consideration of your use of the Application and/or the Site, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Application and/or the Site (“Registration Data”); (b) maintain the security of your password and identification or, if you release your account information to a third party, be responsible for all actions on your account done by that third party; (c) maintain and promptly update the Registration Data, and any other information you provide to MyiNotary.com, to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Should you believe that the security of your account has been compromised in any manner, it is your responsibility to contact MyiNotary.com immediately.
7. Terms of Sale
Use of the Site is free. You may purchase a subscription that can be used towards creating, uploading, and storing Notary Records on the Site. Users can create, upload, and store Notary Records based on the number of entries states on the “Pricing Plans” page of the website.
8. Notarization Acts
Users can upload Notary Records in the same manner that they would be kept in a written notary journal. The Notary Records will be available for download in a CSV/Excel format. Individual entries may be printed or emailed.
Users are responsible for paying for a subscription to create, upload, and store Notary Records through a valid payment method. If your payment method fails, MyiNotary.com may disable access to the Application or Site, including to any Notary Records that have been uploaded. All payments must be made through the MyiNotary.com website.
10. Modified Terms
You are responsible for obtaining and maintaining all internet connections, computer hardware, phones, printers, and other equipment needed for access to and use of the Application and/or the Site, to download and print all Notary Records, including purchasing any software necessary to open the PDFs that you download. You are responsible for all charges related to obtaining and maintaining that equipment, including any charges for software or charges to access the Internet. MyiNotary.com shall not be liable for any damages to User’s equipment resulting from the use of the Application and/or the Site.
12. User Conduct
All content on the Site, including, but not limited to, designs, text, graphics, pictures, video, information, music, sound, and other files, and their selection and arrangement (the “Site Content”), is the proprietary property of MyiNotary.com with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without MyiNotary.com’s prior written permission. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
This Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of MyiNotary.com protected by copyright as a collective work under the United States copyright laws. MyiNotary.com owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. MyiNotary.com does not permit use of any data mining, robots, scraping, or similar data-gathering or extraction methods.
The foregoing provisions of Section 13 apply equally to and are for the benefit of MyiNotary.com, its subsidiaries, affiliates, third party content providers, and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
All content on the Application, including, but not limited to, designs, text, graphics, pictures, video, information, music, sound, and other files, and their selection and arrangement (the “Application Content”), is the proprietary property of MyiNotary.com with all rights reserved. No Application Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without MyiNotary.com,s prior written permission. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
14. Rights Conferred to Users
You may download, print, and/or save copies of the Notary Records that you create. You are granted a limited, non-exclusive, non-transferable, non-sub-licensable, royalty-free, worldwide license to use the downloaded Notary Records as part of the fee you paid for personal use only. You agree and acknowledge that this license is NON-TRANSFERABLE.
iNotary, LLC, MyiNotary.com, MyiNotary, and iNotary are trademarks of iNotary, LLC. All rights in respect of these trademarks are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on MyiNotary.com are the property of their respective owners. Trademarks that are located on the Site and/or in the Application shall not be deemed to be in the public domain but rather the exclusive property of iNotary, LLC, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of MyiNotary.com, unless otherwise stated.
16. Copyright, Trademark, and Intellectual Property Complaints
MyiNotary.com respects the intellectual property rights of others. MyiNotary.com prohibits Users from uploading, posting, or otherwise transmitting on the Site any materials that violate another party’s intellectual property rights. When MyiNotary.com receives notification of an alleged copyright infringement at info at MyiNotary.com, MyiNotary.com promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another’s rights as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, please email information about such claim to info at MyiNotary.com for more information on how to report infringement of your copyright. MyiNotary.com may, at its sole discretion, terminate Users who are deemed by MyiNotary.com to be have committed copyright infringement, whether or not there is any repeat infringement.
17. Third Party Websites and Content
The Site may contain links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by MyiNotary.com. MyiNotary.com is not responsible for any Third Party Sites accessed through the Site or any content posted by any Users on this Site or any Third Party Sites regarding MyiNotary.com. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that MyiNotary.com’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Site.
18. Third Party Content
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) and not of MyiNotary.com. Neither MyiNotary.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
19. Disclaimer of Warranty; Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE APPLICATION AND/OR THE SITE IS AT YOUR SOLE RISK. IN NO EVENT WILL INOTARY, LLC OR ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE AND/OR THE APPLICATION OR RESULTING FROM THE USE OF ANY DOWNLOADS FROM THIS SITE.
NEITHER INOTARY, LLC, ITS AFFILIATES NOR ANY OF THEIR DIRECTORS, MEMBERS, RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE AND/OR THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APPLICATION AND/OR THE SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED ON THE APPLICATION AND/OR THE SITE.
THE USE OF THIS SITE AND THE USE OF THE APPLICATION IS MADE AVAILABLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, EITHER BODILY OR FINANCIALLY, CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION RESULTING FROM THE USE OF THIS SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT MYINOTARY.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THAT USER AND/OR THIRD PARTY.
IN NO EVENT SHALL INOTARY, LLC OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF AND/OR THE APPLICATION, INCLUDING ANY NOTARY RECORDS THAT YOU DOWNLOAD FROM THE SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION AND/OR THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE APPLICATION AND/OR THE SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER MYINOTARY.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE APPLICATION AND/OR THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST OPPORTUNITIES, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
MYINOTARY.COM IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY MYINOTARY.COM. MOREOVER, INOTARY, LLC RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, AND PROHIBIT ANY AND ALL CONTENT THAT INOTARY, LLC DEEMS UNSUITABLE. BY USE OF THE APPLICATION AND/OR THE SITE, YOU AGREE THAT YOUR CONTENT MAY BE REMOVED ANYTIME BY INOTARY, LLC.
INOTARY, LLC’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE SUBSCRIPTION PURCHASED TO SUCH LIABILITY BEING INCURRED, BUT IN NO CASE WILL INOTARY, LLC’S LIABILITY TO YOU EXCEED $50.00. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO INOTARY, LLC, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM INOTARY, LLC, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR 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.
MyiNotary.com shall have the right to monitor the content of the Site at all times, including viewing of any personal information in your account on the Site, to determine compliance with this Agreement and any operating rules established by MyiNotary.com, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, MyiNotary.com shall have the right to remove any material that MyiNotary.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site, the Application, and/or MyiNotary.com (“Submissions”) provided by you to MyiNotary.com, are non-confidential and shall become the sole property of MyiNotary.com. MyiNotary.com shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By posting communications to, on, or through this Site, User shall be deemed to have granted to MyiNotary.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, advertise with, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
MyiNotary.com may terminate this Agreement at any time. Without limiting the foregoing, MyiNotary.com shall have the right to immediately terminate accounts of any User in the event of any conduct by that person that MyiNotary.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. MyiNotary.com may terminate your account, delete any content or information that you have uploaded to the Site, and/or prohibit you from using or accessing the Application and/or the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you have accessed the Application and/or the Site and are under 18 year of age or violate these Terms of Service.
Notary Records will initially be stored until such time as a user abandons the service. MyiNotary will make reasonable attempts to contact user through the information provided at registration that their information including but not limited to login credentials and uploaded information shall be deleted from the site. MyiNotary will retain uploaded information at least one year from the date of the last entry created by the user.
No action taken pursuant to this Agreement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant, or agreement contained herein or therein and in any documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
The headings and captions of this Agreement are for convenience and reference only and in no way define, describe, extend, or limit the scope or intent of this contract, or the intent of any provisions hereof.
If a court of competent jurisdiction holds any provision of this Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
28. Governing Law; Venue and Jurisdiction
You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Denver, Colorado.
29. Attorney Fees and Collection Costs
In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree that the prevailing party’s reasonable attorney’s fees, court costs, and all other expenses, whether or not taxable by the court as costs, shall be reimbursed by the non-prevailing party, in addition to any other relief to which the prevailing party may be entitled, including, but not limited to, any costs of collection.
You agree to indemnify and hold iNotary, LLC, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Application and/or the Site, your conduct in connection with the Application and/or the Site, or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.
31. No Assignment
No modification or amendment of this Agreement shall be valid unless in writing. Oral changes have no effect.
32. Successors and Assigns
Rights and obligations created by this contract shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.
33. Numbers and Gender
Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders.
34. Definitions and Constructions
Unless otherwise specified, the terms “includes”, “including”, “e.g.,”, “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
35. Compliance with State Law
Some states still require a paper copy of all notarized acts. If you are in a state that requires this, MyiNotary.com recommends that you not use or discontinue use of the MyiNotary apps. In addition, the template notarization fields may be less information than needed in your state. MyiNotary.com recommends reviewing the initial fields and adding any additional fields needed. Further, some states require fingerprints for certain transactions which cannot be stored in the MyiNotary.com system and require a separate fingerprint journal. MYINOTARY.COM MAKES NO GUARANTEE THAT THE USE OF THE MYINOTARY.COM SERVICE COMPLIES WITH YOUR STATE LAW OR THAT THE FIELDS IN THE NOTARY TEMPLATES ARE ALL THAT ARE REQUIRED BY YOUR STATE. YOU ARE REQUIRED TO ENSURE THAT THE USE OF THIS PRODUCT COMPLIES WITH YOUR STATE LAWS AND THAT YOU ARE IN COMPLIANCE WITH ALL LAWS AND REGULATIONS FOR NOTARIES IN YOUR STATE. IF YOU HAVE ANY QUESTIONS ABOUT THE LAWS FOR NOTARIES IN YOUR STATE, MYINOTARY.COM RECOMMENDS CONTACTING YOUR STATE NOTARY REGULATORS.