DIGINOTARY, INC. 

Terms of Service – 2024.06.08 

1.0 TERMS OF USE: 

1.1. Site.  Welcome to the DigiNotary, Inc.’s website, www.DigiNotary.com (the “Site”). 

1.2. Terms Of Use.  Please review the following “Terms of Use” (“TOU”) concerning your use of this Site. By accessing, using or downloading any materials from the Site, you agree to follow and be bound by the TOU. 

1.3. Use of Site.  If you do not agree with any of these terms and conditions, do not use the Site.  By utilizing this Site, you understand and agree that information about you and your transaction will be shared with other companies for the purpose of processing your transaction, including credit card processing and identity verification vendors.  Further, by using our services, you understand and agree that we and/or our service providers may communicate with you regarding the services. You may also receive periodic e-mail messages from us. All such e-mails will allow you the opportunity to opt-out from receiving subsequent e-mail messages. 

2.0.THESE TERMS AND CONDITIONS MAY CHANGE: 

DigiNotary, Inc. (“DigiNotary”) reserves the right to update or modify these TOU at any time without prior notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the TOU as changed. For this reason, we encourage you to review these TOU whenever you use this Site. 

3.0.PRIVACY POLICY: 

DigiNotary takes the privacy of our customers very seriously. We promise responsible handling of all sensitive and personal customer information. We encourage you to review our complete Privacy Policy here to be informed of how we collect, use and protect your information. 

4.0.COPYRIGHT & TRADEMARK RIGHTS: 

The Site contains materials that are proprietary and are protected by copyright, trademarks, service marks, patents, and other intellectual property laws and treaties. 

You agree to abide by all applicable copyright and other intellectual property laws, as well as any additional proprietary rights notices or restrictions contained on the Site. You acknowledge that the Site contains valuable intellectual property of DigiNotary and its licensors. 

DigiNotary, the DigiNotary logo, and the Site are all property of DigiNotary.   Other trademarks, product names and DigiNotary names or logos used on this site are the property of their respective owners.  All images, graphics, text and other content used in connection with the Site are protected by trademark, copyright and other proprietary laws and treaty provisions. You may not download (except where invited), reproduce, modify, publish, distribute, transmit, transfer, sell or modify any portion of this Site without our express written authorization. 

5.0.OUR SERVICE: 

5.1.The Service.  The DigiNotary service is an Internet-based, remote electronic notarization service (the “Service”). It allows visitors from anywhere in the world to notarize a document in compliance with applicable United States laws, including legislation from various states and jurisdictions which allow notaries to legally notarize any signature via audio-video technology, and United States federal and state legislation that provides that electronic records and signatures carry the same weight and legal effect as traditional paper documents and handwritten signatures. 

5.2.Accessing the Service.  The Site includes instructions for accessing the Service and completing a transaction, which may include one or more of the following steps: (i) you provide requested biographical information; (ii) you create a unique password; (iii) you respond to a series of questions that allows us to confirm your identity; (iv) you upload a scanned copy of the document that you wish to notarize; (v) you follow the instructions on the site to interact with a live notary; (vi) you engage in an on-line, recorded video chat with the notary, during which time he or she will ask questions, review your identification, witness your signature, then provide a notarial seal; (vii) you pay the required fee; and (viii) you download the notarized document. 

5.3.Identity Confirmation.  In the event that your identity cannot be confirmed, or you are unable or unwilling to complete the process to properly notarize your document; or the live notary determines, in his or her sole discretion, not to proceed with the notarial process, then you will not be required to pay any fee and your session will be terminated. 

5.4.Transaction Completion.  If you commence but do not complete a transaction on the Site, DigiNotary, may contact you in an effort to assist you with the completion of the transaction. 

5.5.Contact. If at any time you have questions about the Site or the Service, you can reach us via e-mail to info@DigiNotary.com or by telephone at ____________. 

5.6.No Legal Advice.  DIGINOTARY, INC. AND THE NOTARIES ON OUR PLATFORM DO NOT PROVIDE LEGAL SERVICES OR ADVICE, AND DO NOT AND WILL NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE. 

5.7.Site Information & Changes.  Although DigiNotary attempts to provide accurate information on the Site, it assumes no responsibility for the accuracy of the information. DigiNotary may change the Services or prices mentioned at any time without notice. DigiNotary may periodically make changes to the Site. 

5.8.Content on the Site.  If you post content, unless we indicate otherwise, you grant us a nonexclusive, royalty-free, and fully sublicensable right to access, view, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such content throughout the world in any form, media, or technology now known or hereafter developed. You acknowledge and agree that we may or may not, at our discretion, pre-screen such content before its appearance on the Site, but that we have no obligation to do so. You further acknowledge and agree that we reserve the right (but do not assume any obligation) in our sole discretion to reject, move, edit, or remove any such content that is posted to the Site. 

6.0.USER INFORMATION: 

In order to access and use certain content, features, or functionality of the Site and Service, we require that you register by providing your name, creating a password, and providing certain additional information, which may include, without limitation, your email address, legal name, date of birth, country of residence, zip code, your physical address, telephone number(s), applicable payment data and information.  You represent and warrant that all registration and account information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. Further, you are responsible for maintaining the confidentiality of your password, and you shall be responsible and liable for any access to or use of the Service by you or any person or entity using your password, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent, including, without limitation, any fee-based transactions. We reserve the right to deny access, use and registration privileges to any user of the Service if we believe there is a question about the identity of the person trying to access the Service. DigiNotary, Inc. shall not be responsible or liable for any loss or damage arising from your failure to comply with this section. 

7.0.USER CONDUCT: 

7.1.Information Provided.  By using the Site and the Service, you warrant that you are over 18 years of age, that you are providing DigiNotary accurate, truthful information, and that you have the authority to use the Service. DigiNotary reserves the right to refuse service for any reason or no reason. 

7.2.User Obligations.  In addition, you agree that, while using the Site and the Service, you shall not: 

7.2.1.  engage in or encourage conduct that would violate any applicable law, rule, regulation, judicial or government order or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity; 

7.2.2.  submit, post, email, display, transmit or otherwise make available through the Service any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 

7.2.3.  submit, post, email, display, transmit or otherwise make available through the Service any material that you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity; 

7.2.4.  submit, post, email, display, transmit or otherwise make available through the Service any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 

7.2.5.  modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Service or the rights or use or enjoyment of the Service by any other user; 

7.2.6.  impersonate any person or entity or falsely state or otherwise represent your affiliation with a person, or entity; 

7.2.7.  Advocates illegal activity or discusses illegal activities with the intent to commit them; 

7.2.8.  Interferes with any other party’s use and enjoyment of the Site; 

7.2.9.  forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Service; 

7.2.10.  solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of other users or other information; or 

7.2.11.  modify, reverse engineer, decompile or disassemble any part of the Service, whether in whole or in part, or create any derivative works from any part of the Service, or encourage, assist or authorize any other person to do so. 

7.2.12.  Removes, circumvents, disables, damages, or otherwise interferes with security-related features, or features that enforce limitations on use of the Site; 

7.2.13.  Uses automated or manual means to violate the restrictions in any robot exclusion headers on the Site, if any, or bypasses or circumvents other measures employed to prevent or limit access, for example by engaging in practices such as “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information; 

7.2.14.  Attempts to do any of the foregoing.  

7.3.Additional Obligations.  In addition, by using the Service, you: 

7.3.1.  consent to our methods of identification, authentication, signing, verifying, recording, transmitting, sharing and storing information; 

7.3.2.  consent to use of an electronic signature, which has the same legal impact and incurs the same legal rights and obligations as with physical ink-to-paper signature, and acknowledge that you have the option to use traditional physical ink-to-paper signature, and are foregoing that option by using the Service; 

7.3.3.  agree to use digital certificates as a form of signature; 

7.3.4.  agree to cooperate with requests made by the Service or the notary to effect the proper notarization of your document; 

7.3.5.  agree to comply with the Uniform Electronic Transactions Act (UETA), the federal Electronic Signatures in Global and National Commerce Act (ESIGN) and the Virginia Notary Act or other state notary laws and regulations governing the notary you are served by; 

7.3.6. Users in the European Union and other countries outside the United States understand and consent to the processing of their personal information in the United States; and 

7.3.7.  Acknowledge that we cannot control who might accept your notarized documents using the Service and that we are not liable for any document that is not accepted. 

7.4.Monitoring.  You acknowledge that we have no obligation to monitor your – or anyone else’s – access to or use of the Site for violations of these Terms, or to review or edit any content. However, except as otherwise expressly provided herein, we have the right to do so for the purpose of operating and improving the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes, analytics, and advertising), to ensure your compliance with these Terms and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency or other governmental body. 

8.0.NOTARIZATION RIGHTS AND GRANTS: 

8.1.Session.  A notary session (“the Session”) using the Service creates a file that is stored by us and other authorized persons under contract or by law electronically.  The file may contain data that is used or collected during your Session comprising account information, identity-related information, photos, images, documents, session information, notary journal information, audio and video recording of the Session, credential information and other information collected in the Session (“collectively Information”). 

8.2.Not a Party to the Session.  You understand and agree that by using the Service that we are not a party to any part of the Session, we are not responsible for retaining any Information for any specified period of time for your use, we do not confirm the legality of electronic signatures, documents and their preparation and legal effect, and that any issues are between you and the commissioned notary in this section. 

8.3.Storage of Information.  By using the Service or participating in a Session, you expressly grant us the right to store, record, distribute, alter, copy, or otherwise use in any manner, format and on any device or medium the Information from the Session for any valid legal or business purpose and no charge to us. 

8.4.Right to Verify, etc.  By using the Service or participating in a Session, you expressly grant us the right to verify your identity using the Information, databases, credit reports, or other third party or other information with our Service or by third parties using any identify proofing methods, such as forensics, knowledge-based questions, biometrics, in any combination of hardware and software.  You expressly grant us the right to store, record, distribute, alter, copy, or otherwise use in any manner on any device or medium the Information from the verification for any valid legal or business purpose. 

8.5.Complying with the Law.  You warrant that collection and use of any personal information or data you provide while using the Site complies with all applicable data protection laws, rules, and regulations. 

8.6.Use of Service.  By using the Service or participating in the Session, you or businesses or partners that offer the services to their customers of clients (“Business”) are granted a limited, non-exclusive, non-transferable, non-sublicensable worldwide license to use the Service for your or the Business use and warrant, represent and covenant will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data directly related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by DigiNotary or authorized within the Services).  The grants and rights shall survive for you and the Business so long as you are subscribed to the Service 

8.7. Intellectual Property Rights.  You have no rights except set forth in the TOU to any Intellectual Property rights and ownership directly or indirectly related to the Service or Site are held by us.  “Intellectual Property” means: (i) patents, patent applications and patent rights; (ii) rights associated with works of authorship, including copyrights, copyright applications, copyright registrations, mask work rights, mask work applications and mask work registrations; (iii) any right relating to the existence or protection of trade secrets and confidential information; (iv) design, implementation, schema structure and know-how related to system architecture and conceptual engineering; (v) any right analogous to those set forth above and any other proprietary rights relating to intangible property and (vi) divisions, continuations, renewals, reissues and extensions of the foregoing now existing, hereafter filed, issued, created or acquired. 

9.0.eSIGN CONSENT: 

9.1Consumer Disclosure - Conducting Business Electronically.  By proceeding forward and signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You understand electronic signatures are equivalent to traditional signatures, and equally binding. This electronic signature service is provided on behalf of clients, “requesting party,” who are sending electronic documents, notices, disclosures or requesting electronic signatures to you. If there is no third-party “requesting party,” you are deemed the “requesting party”. You are not required to sign documents electronically. If you prefer not to do so you may request to receive paper copies and withdraw your consent at any time as described below. 

9.2.Paper Copies.  You are not required to receive notices or disclosures or sign documents electronically and may request paper copies of documents or disclosures if you prefer to do so. You also have the ability to download and print any open or signed documents sent to you through the electronic signature system. If you wish to receive paper copies in lieu of electronic documents, you may close this web browser and request paper copies from the “requesting party” by following the procedures outlined below. The “requesting party” may apply a charge for requesting paper copies. 

9.3.Withdrawal of Consent.  You may withdraw your consent to receive electronic documents, notices or disclosures at any time. In order to withdraw consent, you must notify the “requesting party” that you wish to withdraw consent and to provide your future documents, notices, and disclosures in paper format. After withdrawing consent if at any point in the future you proceed forward and utilize the electronic signature system you are once again consenting to receive notices, disclosure, or documents electronically. You may withdraw consent to receive electronic notices and disclosures and optionally electronically signatures by following the procedures described below. 

9.4.Scope of Consent.  You agree to receive electronic notices, disclosures, and electronic signature documents with all related and identified documents and disclosures provided over the course of your relationship with the “requesting party.” You may at any point withdraw your consent by following the procedures described below. 

10.0.INDEMNIFICATION: 

10.1.Indemnity Provisions.   

10.1.1.  You will indemnify, defend and hold harmless DigiNotary and all of its direct and indirect officers, directors, employees, agents, successors and assigns (each, an “Indemnified Person”) from any and all third party claims, demands, actions or threat of action (whether in law, equity or in an alternative proceeding), losses, liabilities, damages (including taxes), and all related costs and expenses, including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties (collectively, “Losses”), and threatened Losses due to, arising from or relating to any use of the Services by You or your vendors, agents, suppliers, employees, consultants, referred parties, and the like (“Indemnified Claim”).   

10.1.2.  No settlement or compromise that imposes any liability or obligation on any Indemnified Person will be made without the Indemnified Person’s prior written consent (not to be unreasonably withheld).  

10.1.3.  If You fail to defend an Indemnified Person as provided in this Section  after reasonable notice of an Indemnified Claim, You will be bound (i) to indemnify and reimburse the Indemnified Person for any Losses incurred by any Indemnified Person, in its sole discretion, to defend, settle or compromise the Indemnified Claim; and (ii) by the determination of facts common to an action and subsequent action to enforce the Indemnified Person’s reimbursement rights. 

10.1.4.  You (the “Indemnifying Party”) shall, to the extent permitted by law, indemnify, defend and hold harmless the other DigiNotary and its respective employees, officers, directors, agents and representatives (the “Indemnified Party”) from and against any and all third party liabilities, actual or alleged claims, actions, losses and damages (collectively, a “Claim”) to the extent caused by or arising out of the gross negligence, willful misconduct, or violation of law of the Indemnifying Party or any agent of the Indemnifying Party in the course of its performance under this Agreement, including but not limited to personal injury, death, damage to property (tangible or intangible), infringement of intellectual property rights, and/or injury, sickness, or disease to persons (including death), infringement of civil rights or other tortious acts settlements, judgments, court costs, reasonable attorneys’ fees, fines, penalties and other litigation expenses.   

10.1.5.  This indemnity shall apply to all Claims against the Indemnified Party made or threatened by, or in the name of or on behalf of the Indemnifying Party’s employees which arise in the course of their employment.   

10.1.6.  The Indemnifying Party hereby waives any defense it may otherwise have under applicable workers compensation laws. 

11.0LIMITATIONS OF LIABILITY: 

11.1.Disclaimer of Consequential Damages.   NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, DIGINOTARY WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COVER, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR INFORMATION WE SUPPLY YOU, INCLUDING, BUT NOT LIMITED TO, GOODWILL, WORK STOPPAGE, LOST PROFITS, OR LOSS OF BUSINESS, EVEN IF APPRISED OF THE LIKELIHOOD OF SUCH LOSSES, AND WHETHER SUCH CLAIMS ARE MADE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. 

11.2.Disclaimer of Liability.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DIGINOTARY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:  

11.2.1.  USE OF THE SITE OR INFORMATION WE SUPPLY YOU; 

11.2.2.  ERRORS, MISTAKES, OR INACCURACIES OF THE SITE OR INFORMATION; 

11.2.3.  PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR INFORMATION;  

11.2.4.  ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR INFORMATION, AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THE SITE;  

11.2.5.  ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS; 

11.2.6.  ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY;  

11.2.7.  ANY LOSS OF YOUR DATA OR USER CONTENT FROM THE SITE;  

11.2.8.  ANY ERRORS OR OMISSIONS IN ANY OF YOUR DATA OR USER CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIGINOTARY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR  

11.2.9.  THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS, OUR PRIVACY NOTICE, OR ANY OTHER COMMUNICATION WE MAKE OR NOTICE WE PROVIDE. 

11.3.Cap on Damages.  OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR TO YOUR USE OF THE SITE OR INFORMATION WE SUPPLY YOU (INCLUDING WITHOUT LIMITATION WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, WILL NOT EXCEED USD$100 OR THE TOTAL AMOUNT PAID BY YOU TO DIGINOTARY FOR THE DIGINOTARY SERVICE(S) GIVING RISE TO THE CLAIM UNDER THESE TERMS DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO LIABILITY, WHICHEVER IS GREATER. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT. ADDITIONAL OR DIFFERENT LIABILITY AMOUNTS MAY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE SERVICE SCHEDULE BELOW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE FOREGOING, THIS SECTION SHALL  

11.3.1.  APPLY ONLY TO THE EXTENT PERMITTED BY PRODUCT LIABILITY LAW; AND  

11.3.2.  SHALL NOT APPLY IN THE EVENT THAT PERSONAL INJURY OR DEATH HAVE BEEN CAUSED INTENTIONALLY BY DIGINOTARY OR BY DIGINOTARY’S GROSS NEGLIGENCE.  

11.4. Independent Allocations of Risk.  Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages represents an agreed allocation of the risks of these Terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms, and each of these provisions will apply even if the warranties in these Terms have failed of their essential purpose. 

11.5.Jurisdictional Limitations. Because some states and jurisdictions do not allow limitation of liability or caps on damages in certain instances, portions of the above limitation may not apply to you. In that event, such exclusions and limitations shall apply to the maximum extent permitted by applicable mandatory law (and our liability shall be limited or excluded as permitted under mandatory applicable law). 

12.0.ARBITRATION: 

12.1.Governing Law.  The Agreement and the relationship between Customer and Company shall be governed by the laws of the State of in which the notary is commissioned without regard to its conflict of law provisions. To the extent court action is initiated to enforce an arbitration award, Customer and Company agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Florida and waive any objection as to venue or inconvenient forum.  

12.2. Time Limitations.  Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. No amendment to this Agreement shall be binding unless posted at www.diginotary.com/terms-of-service.  

12.3.Arbitration.  Any dispute or claim between Customer and Company arising out of or relating to this Agreement shall be resolved by binding arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Orange County, Florida and shall be conducted in English. Questions of arbitrability shall be decided by the arbitrator. The prevailing party shall be entitled to an award of reasonable attorney’s fees and costs of suit. The arbitrator’s decision shall follow the plain meaning of the relevant documents and the decision shall be in writing including the legal reasoning and factual basis for the decision. Judgment upon the arbitrator’s decision may be entered in any court of competent jurisdiction following judicial review, if any, as provided for by law. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. All claims shall be arbitrated individually, and Customer will not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. CUSTOMER ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND OTHER PROCEDURES INHERENT IN ORDINARY CIVIL LITIGATION. MANDATORY BINDING ARBITRATION FOR NON-CALIFORNIA RESIDENTS. 

12.4. Exception: Litigation of Intellectual Property. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in any state, or federal court or other governing body or authority with lawful jurisdiction for such disputes, or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). 

12.5.Survival.  This Arbitration section shall survive any termination of your use of the Site or information we supply. 

13.0.MISCELLANEOUS: 

13.1.Notices.  All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. 

13.2.Relationship.  At all times, you and we are independent contractors, and are not the agents or representatives of the other. These Terms are not intended to create a joint venture, partnership, or franchise relationship between the parties. Non-parties do not benefit from and cannot enforce these Terms. There are no third-party beneficiaries to these Terms. You must not represent to anyone that you are an agent of ours or are otherwise authorized to bind or commit us in any way without our prior written authorization. 

13.3Assignability.  Unless such restriction is prohibited under applicable law, you may not assign your rights or obligations under these Terms without our prior written consent. If consent is given, these Terms will bind your successors and assigns. Any attempt by you to transfer your rights, duties, or obligations under these Terms except as expressly provided in these Terms is void. We may freely assign our rights, duties, and obligations under these Terms at any time, with or without notice to you. 

Entire Terms:  This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. 

13.4.Force Majeure.  Except for any payment obligations, neither you nor we will be liable for failure to perform any obligation under these Terms to the extent such failure is caused by a force majeure event (including acts of God, natural disasters, war, civil disturbance, action by governmental entity, strike, and other causes beyond the party’s reasonable control). The party affected by the force majeure event will provide notice to the other party within a commercially reasonable time and will use commercially reasonable efforts to resume performance as soon as practicable. Obligations not performed due to a force majeure event will be performed as soon as reasonably possible when the force majeure event concludes. 

13.5. Waiver.  The waiver by either you or DigiNotary of any breach of any provision of these Terms does not waive any other breach. The failure of any party to these Terms to insist on strict performance of any covenant or obligation in accordance with these Terms will not be a waiver of such party’s right to demand strict compliance in the future, nor will the same be construed as a novation of these Terms. 

13.6.Severability.  If any part of these Terms is found to be illegal, unenforceable, or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. 

14.0.SUPPLEMENTAL TERM IN CERTAIN STATES. If you reside in one of the following countries or regions, the below provisions also apply to you. To the extent there is a conflict between the provisions below and the provisions in the main portion of the Terms above, the below provisions control to the extent of that conflict. 

14.1.California. If you are a California resident, you hereby waive California Civil Code §1542, which says: “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.” This release includes the criminal acts of others. 

14.2.New Jersey.  If you are a New Jersey resident, the limitations in the Section headed “Limitations of Liability” specifically do apply to you. 

14.3.Illinois.  DigiNotary’s collection of personal information may include biometric identifiers and/or biometric information (collectively “biometric data”). DigiNotary may collect, process and store your biometric data for the purpose of verification services and long-term proof of inspection of your provided form of identification. DigiNotary will store your biometric data for the duration of your use of its services or 30 days, whichever is shorter.