Notary Rotary - Notary Supplies and Services for the Professional Notary Public

Notary Rotary Terms of Use and Notices

AGREEMENT BETWEEN YOU AND NOTARY ROTARY, INC.

Notary Rotary is a Web service operated by Notary Rotary, Inc. ("NRI") that makes it easy for (1) mobile notaries public to advertise their services, collaborate with their peers, and manage their business, (2) for consumers to locate mobile notaries public to serve as their agents and to track related services, and (3) for notaries public to purchase notary-related supplies.  You can find out more about Notary Rotary by going to the Notary Rotary Web site.

For convenience, we will refer to the content on the Notary Rotary Web site and content on other Notary Rotary-related Web sites together as the "Notary Rotary Web Site." We will refer to the content available on the Notary Rotary Web Site and the services available as part of Notary Rotary together as the "Notary Rotary Services."  We will refer to notary-related supplies, available in The Notary Shop at the Notary Rotary Web Site, as the 'Notary Rotary Products.'

These Terms of Use constitute a legal agreement between you and NRI. You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and use the Notary Rotary Services. If you do not accept these Terms of Use in their entirety, you may not access or use the Notary Rotary Services.

Portions of the Notary Rotary Services may be governed by posted guidelines, rules, or other terms and conditions. All such guidelines, rules, and terms and conditions are hereby incorporated by reference into these Terms of Use. In the event of a conflict between such other guidelines, rules, and terms and conditions and these Terms of Use, the Terms of Use shall control. However, the Notary Rotary Privacy Statement, discussed in the Privacy and Personal Information section below, supersedes any conflicting language in these Terms of Use and/or any other guidelines, rules, and terms and conditions published on the Notary Rotary Web Site with respect to the subject matter covered by the Notary Rotary Privacy Statement.

MODIFICATION OF THESE TERMS OF USE

NRI may wish to update or change the terms, conditions, and notices for the Notary Rotary Services from time to time to reflect changes in the Services, changes in the laws affecting the Services, or for other good reasons. You understand that NRI reserves the right to make these changes and that you are responsible for regularly reviewing these terms, conditions, and notices. Continued access to or use of the Notary Rotary Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Notary Rotary Services shall be subject to the Terms of Use, as modified from time to time.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

You may only use the Notary Rotary Services for your own personal and non-commercial purposes. You must enter into a different legal agreement with NRI if you wish to offer the Notary Rotary Services to users of your own application, Web site, or Web service. You may not use any software or hardware that reduces the number of users directly accessing or using the Notary Rotary Services (sometimes called "multiplexing" or "pooling" software or hardware).

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Notary Rotary Services or Notary Rotary Products except as expressly provided in these Terms of Use or by special permission from NRI.

PRIVACY AND PERSONAL INFORMATION

You are required to have a Notary Rotary account to use the Notary Rotary Services. To set up an account, you must provide information about yourself and update this information as necessary in order to keep it current. NRI agrees that it will only use your personal information in accordance with the terms of the Notary Rotary Privacy Statement.

You are responsible for maintaining the confidentiality of your password and account information. Furthermore, you are responsible for all activities that occur in your account and you agree to notify NRI immediately of any unauthorized use of your account. NRI is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

LINKS TO THIRD-PARTY SITES

The Web pages that are part of the Notary Rotary Services may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of NRI and NRI is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NRI is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is NRI responsible if the Linked Site is not working appropriately. NRI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NRI of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

You are solely responsible for any dealings with third parties (including advertisers) who support the Notary Rotary Services or are identified in the Web pages that are part of the Notary Rotary Services, including the delivery of and payment for goods and services.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Notary Rotary Services, you agree that you will not use the Notary Rotary Services for any purpose that is unlawful or contrary to these Terms of Use.

You also may not use the Notary Rotary Services in any manner that could damage, disable, overburden, or impair the Notary Rotary Services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any Notary Rotary account, computer systems or networks associated with the Notary Rotary Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Notary Rotary Services.

These Terms of Use apply to you whenever you access or use any Notary Rotary Services. When you use the Notary Rotary Services to gain access to any Notary Rotary participating site or service, the terms and conditions associated with that site or service may also apply to you. Please refer to the applicable terms of use associated with each participating site or service that you visit.

NRI'S RIGHT TO USE FEEDBACK OR SUGGESTIONS YOU SUBMIT

NRI wants your voluntary feedback and suggestions on the Notary Rotary Services so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that NRI needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you should understand that by submitting any feedback or suggestions to NRI concerning the Notary Rotary Services, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting NRI and its affiliated companies permission to:

(a) Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and

(b) Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.

These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to NRI's use of the materials contained within such feedback or suggestions. NRI is under no obligation to post or use any materials you may provide and may remove such materials at any time at NRI 's sole discretion.

This section is not applicable to any personally identifiable information that you provide in connection with your registration for the Notary Rotary Services. For terms and conditions governing the use of such information and for more information on how the Notary Rotary Services work, please refer to the Notary Rotary Privacy Statement.

This section also is not applicable to any documents, information, or other data that you upload, transmit or otherwise submit to or through any Notary Rotary participating sites and services. Please refer to the terms and conditions for such Notary Rotary participating sites and services to determine the rights of the Web site or service provider to such documents, information and/or data.

SOFTWARE AND CONTENT AVAILABLE ON THE NOTARY ROTARY SERVICES

All content and software (if any) that is made available to view and/or download from the Web pages that are part of the Notary Rotary Services ("Software") is owned by and is the copyrighted work of NRI and/or its suppliers. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, NRI hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Notary Rotary Services in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by NRI and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States of America export restrictions.

LIABILITY DISCLAIMER

NRI AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE NOTARY ROTARY SERVICES AND NOTARY ROTARY PRODUCTS FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NRI AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL NRI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NOTARY ROTARY SERVICES OR NOTARY ROTARY PRODUCTS, WITH THE DELAY OR INABILITY TO USE THE NOTARY ROTARY SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE NOTARY ROTARY SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE NOTARY ROTARY SERVICES OR NOTARY ROTARY PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF NRI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NOTARY ROTARY SERVICES OR NOTARY ROTARY PRODUCTS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NOTARY ROTARY SERVICES OR NOTARY ROTARY PRODUCTS.

CUSTOMER SUPPORT

NRI provides information about how to use the Notary Rotary Services on the Web pages that are part of the Services. If you have any questions about the Notary Rotary Services or any problems that you would like to report, please contact us using the Contact Us page at http://www.notaryrotary.com/contactus.asp.

TERMINATION AND RESTRICTION OF ACCESS

NRI reserves the right, in its sole discretion, to terminate your access to the Notary Rotary Services or any portion thereof at any time, without notice.

NRI may also terminate or suspend your access to the Notary Rotary Services for inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by NRI. Upon termination of your Notary Rotary account, your right to use the Notary Rotary Services immediately ceases.

GENERAL

These Terms of Use are governed by the laws of the State of Iowa, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Polk County, Iowa, U.S.A. in all disputes arising out of or relating to the use of the Notary Rotary Services or Notary Rotary Products. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NRI as a result of these Terms of Use or use of the Notary Rotary Services.

NRI may assign these Terms of Use, in whole or in part, at any time. NRI's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of NRI's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Notary Rotary Services or information provided to or gathered by NRI with respect to such use. You agree to indemnify and hold NRI, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Notary Rotary Services.

If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, including the documents expressly incorporated by reference above, constitute the entire agreement between you and NRI with respect to the Notary Rotary Services and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and NRI with respect to the Notary Rotary Services. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

INTELLECTUAL PROPERTY NOTICES

All contents of the Notary Rotary Web Site are: Copyright � 2002-2006 by Notary Rotary, Inc. and/or its suppliers, c/o Notary Rotary, Inc., PO Box 41400, Des Moines, Iowa 50311 U.S.A. All rights reserved.

Notary Rotary is a trademark of Notary Rotary, Inc.  The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people, and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

NRI may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Notary Rotary Services, including the Web pages that are part of the Notary Rotary Services. Except as expressly provided in these Terms of Use, the provision of the Notary Rotary Services and the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

Version 1.21
Last Update: June 2006

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