ACCEPTANCE OF TERMS AND CONDITIONS
This Agreement sets forth the terms and conditions that apply to your advertising on the Site. By advertising on this Site, you agree to comply with all of the terms and conditions hereof.
If you have any questions about these terms, contact NotaryForce.com at info at NotaryForce.com.
TERMS AND CONDITIONS OF ADVERTISING
- Eligibility. Notary Force, LLC ("NotaryForce.com") is a Colorado Limited Liability Company that operates www.NotaryForce.com (the "Site"). The Site provides listings of notaries who advertise on the Site to users of the Site. As part of the Site, NotaryForce.com offers advertising opportunities for notaries to be listed in the NotaryForce.com Directory located on the Site (the “Directory”) to be viewed by users of the Site ("User"). By advertising with NotaryForce.com, you agree to the following terms and conditions below (the "Agreement").
- Website Listing. You agree and acknowledge that you are contracting with NotaryForce.com to advertise and publish information about yourself, your business, and the services that you provide to NotaryForce.com users through the Site ("NotaryForce Listing"). This NotaryForce Listing may include, but will not be limited to, the business name, the business's contact information, a description of the business, the business hours, a link to the business website, information about the services that you offer, your availability to provide services to new customers, and your qualifications to perform the services that you are advertising. NotaryForce.com reserves the right to modify any information you submit provided that such modifications do not materially change the information listed (although such modifications may include deletion of information at the sole discretion of NotaryForce.com).
- Advertising Fee. You agree and acknowledge that there is a fee to advertise on the Site. The fees are listed at www.NotaryForce.com/LINKHERE (“Advertising Fees”). You agree and acknowledge that you will pay all amounts due according the plan chosen by you. You agree and acknowledge that the Advertising Fees may be changed at any time by updating the information provided at www.NotaryForce.com/LINKHERE. If the Advertising Fees are changed, you will receive email notification of such changes, and such change will be effective when your advertisement renews if you continue to advertise though the Site.
- Automatic Renewal. By advertising through NotaryForce.com, you agree to pay NotaryForce.com the Advertising Fees for your plan. Payments will begin immediately after you sign up for a NotaryForce Listing based on the plan that you select and will be billed monthly or annually. By entering your credit card information, you agree and acknowledge that there will be recurring charges on the credit card until you cancel your account. You acknowledge that the amount of the recurring charge may increase if the Advertiser Fees change. NotaryForce.com must receive written notice of your cancellation at least thirty (30) days in advance of the date on which you wish to make your NotaryForce Listing cancellation effective. Cancellations of NotaryForce Listings may be made through your user account settings online or may be received in writing by certified, return receipt requested U.S. mail (11867 Bradburn Blvd., Westminster, CO 80031 ATTN: Cancellations). Advertising Fees are not prorated or refundable unless specifically stated in this Agreement.
- Failure to Pay. If your payment method fails or your account is past due, NotaryForce.com reserves the right to either suspend or terminate your NotaryForce Listing. You agree to submit any disputes regarding any charge to your account in writing to NotaryForce.com within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
- Creative Aspects. You have had the opportunity to view samples of other NotaryForce Listings on the Site. Creative aspects for the NotaryForce Listing are at the discretion of NotaryForce.com. You grant NotaryForce.com full production control regarding the production of the NotaryForce Listing and the contents contained therein.
- Use of Notary's Intellectual Property. You grant NotaryForce.com license to use your copyrights, trademarks, trade names, or service marks (collectively, "Intellectual Property") in the NotaryForce Listing and on the Site.
- Legal Rights. You warrant that you have the legal rights to commercially use all materials it submits to NotaryForce.com for inclusion in the NotaryForce Listing, including photos, text, and other materials. You agree that you will provide, upon request, NotaryForce.com with proof of ownership of the copyright of any photos, text, or other materials.
- Ownership of NotaryForce Listing. NotaryForce.com will own the copyright on the NotaryForce Listing if the NotaryForce Listing contains more than a mere listing of your contact information. You agree and acknowledge that it must receive written permission from NotaryForce.com prior to using the NotaryForce Listing on another website or for any other purpose with the exception that NotaryForce grants you the permission to use the static link that is provided to you on your advertising materials.
- Intellectual Property. No license, right, or interest in NotaryForce.com's copyrights, patents, trademarks, trade names, or service marks is granted hereunder to you.
- Notary Conduct. You agree and acknowledge that your will not use this site to:
- Harvest or collect email addresses or other contact information of users from this Site by electronic or other means for the purposes of sending unsolicited emails, or other unsolicited communications;
- Use this Site in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Site;
- Use automated scripts to collect information from or otherwise interact with the Site;
- Upload, post, or otherwise make available any content that NotaryForce.com deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, racially or ethnically intimidating or hateful towards someone's religion, gender, sexual orientation, age, nationality, or otherwise objectionable;
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
- Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," ponzi schemes, or any other form of solicitation;
- Upload, post, or otherwise make available content that would constitute, encourage, or provide instructions for the commission of a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Upload, post, transmit, share, or otherwise make available any content that constitutes or contains any form of advertising or solicitation;
- Upload, post, transmit, share, or otherwise make available any content that is pornographic or depicts a human being engaged in actual sexual conduct;
- Use or attempt to use another's account without authorization from NotaryForce.com or the owner of the account;
- Upload, post, transmit, share, or otherwise make available any content that is false, deceptive, misleading, deceitful, or misinformative;
- Upload, post, or otherwise make available content that, in the sole judgment of NotaryForce.com, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose NotaryForce.com or its users to any harm or liability of any type.
- Liability. NotaryForce.com will not be liable for any financial or reputational damages due to errors on the NotaryForce Listing or any other causes resulting from the relationship between NotaryForce.com and you. You agree to release NotaryForce.com from any liability resulting in any harm.
- Technical Support. You acknowledge that the use of NotaryForce.com's Site is provided without any technical support or maintenance. You agree and acknowledge to hold harmless and release NotaryForce.com should any technical errors occur resulting in the NotaryForce Listing not being delivered or being misrepresented to NotaryForce.com's Users.
- No Warranties, Obligations, or Payment Guarantees. NOTARYFORCE.COM MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO USE OF NOTARYFORCE.COM'S SERVICES BY YOU. Notwithstanding anything in this Agreement to the contrary, nothing in this Agreement shall be construed as a warranty or representation that the use of NotaryForce.com services will result in any set number of new clients on the part of NotaryForce.com Users or the obligation of NotaryForce.com to bring or prosecute actions or suits against third parties for copyright infringement or to provide any services other than those specified in this Agreement.
- Indemnification. You shall, to the extent permitted by law, indemnify, defend, and hold NotaryForce.com, its owners, members, employees, officers, agents, affiliates, and representatives harmless from and against all liability, demands, damages, losses, and expenses (including attorney fees), for death, personal injury, illness, property damage, noncompliance with applicable laws and any other claim, proceeding, demand, expense, and liability of any kind whatsoever in connection with or arising out of the use of the discount or benefit by any individuals and any right or obligation of you under this Agreement.
- Termination by Notary. You may terminate this Agreement at any time by providing notice to NotaryForce.com through the NotaryForce.com website; provided, however, NotaryForce.com may not be able to remove the NotaryForce Listing from the Site right away. You agree and acknowledge that your information may not removed completely from the Site if you have been written about in blogs or other marketing materials. In addition, your NotaryForce Listing may be hidden from the public if you do not have a marketing budget until you increase your marketing budget.
- Termination by NotaryForce.com. NotaryForce.com may terminate this Agreement at any time with or without cause.
- Copyright Claims. If NotaryForce.com is notified or becomes aware of an apparently bona fide third-party claim that the NotaryForce Listing infringes rights owned by others, NotaryForce.com may immediately cease providing the NotaryForce Listing.
- User Disputes. You are solely responsible for your interactions with Users on or off the Site. NotaryForce.com reserves the right, but has no obligation, to monitor disputes between you and Users.
- Legal Compliance. You agree to adhere to any laws, regulations, or local ordinances governing the use of advertising, advertising any discounts, or advertising any benefits. You agree and acknowledge that NotaryForce.com does not offer any warranty or representation that the use of NotaryForce.com's services is allowed under your state or local laws. You agree to acquire legal representation at its own expense if Notary requires a legal opinion on whether the use of NotaryForce.com's services is legal.
- Data Collected. NotaryForce.com collects information from Users, Website Users, and Notary who visit the site for marketing, commercial, and other purposes as it sees fit. This information may be obtained for NotaryForce.com from a third party provider. You agree and acknowledge that NotaryForce.com may, in its sole discretion, aggregate and share non-identifying data collected with potential Notary and others entities and individuals. NotaryForce.com reserves the right to release any information, including personally identifying information, if required by court order.
- Merger. The merger or consolidation of NotaryForce.com into or with any other entity shall not terminate this Agreement.
- Severability. In the event any portion of this Agreement is held to be unenforceable, the unenforceable portion of this Agreement will be deleted and the remaining provisions of the Agreement shall continue in full force and effect unless such deletion materially alters this Agreement.
- No Assignment. No modification or amendment of this Agreement shall be valid unless in writing and signed by all parties to this Agreement. Oral changes have no effect. All parties hereto represent that they are the actual party in interest to this Agreement and that they have not assigned their rights in this matter or arising under this Agreement to any third party.
- Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Colorado. All parties consent to the jurisdiction and venue of the Denver County District Court for disputes concerning this Agreement unless the disputes involve any issues that must be determined by a federal court, in which case all parties consent to the jurisdiction and venue of the United States Court for the District of Colorado located in Denver, Colorado.
- Notices to NotaryForce.com. All notices, requests, demands and other communications that are required or may be given under this Agreement to NotaryForce.com shall be in writing and shall be deemed to have been duly given if delivered or mailed, first class mail, postage prepaid, if mailed to Notary Force, LLC, 11867 Bradburn Blvd., Westminster, CO 80031 or to such other address as specified in later versions of this Agreement.
- Notices to Notary. All notices, requests, demands, and other communications that are required or may be given under this Agreement shall be done through email and shall be deemed to have been duly given if emailed to the Notary at the email address provided by you in your account.
- Party Relationships. This Agreement does not establish a joint venture, agency, or partnership between the parties, nor creates an employer-employee relationship between NotaryForce.com and you.
- Waiver. 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.
- Attorney Fees. In the event that you breach any term of this Agreement, NotaryForce.com shall have the right to bring an action to enforce any of the terms or provisions of this Agreement and NotaryForce.com shall be awarded its reasonable attorney fees and costs incurred in bringing such action.
By submitting information about the business and credit card information, you will be deemed to have agreed and acknowledged that you are authorized to enter in to this Agreement and that you have had an opportunity to have this Agreement reviewed by your attorneys and that you have obtained or waived legal advice with regard to the meaning and interpretation of this document and that you are authorized to execute this Agreement and understand this Agreement and agree to be bound by its terms.