Last Updated: September 16, 2020

These Notary Terms and Conditions (the “Notary Terms”) are made between Epic River Healthcare, Inc., a Delaware corporation (“Epic River”) and you acting as a Notary Public (“You” or “Your”) pursuant to the Epic River Terms of Use located at: https://www.epicriver.com/terms-of-use/ (the “Terms”), which such Terms are incorporated by reference herein. Capitalized terms not defined herein will have the meanings ascribed to them in the Terms.

 

THESE NOTARY TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE NOTARY SERVICE (DEFINED BELOW). BY CLICKING ON THE “I ACCEPT” BUTTON, OR USING THE REMOTE ONLINE NOTARIZATION SERVICE FEATURE IN THE SERVICE (THE “NOTARY SERVICE”), YOU ARE ACCEPTING THESE NOTARY TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE NOTARY TERMS. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE NOTARY TERMS, DO NOT USE THE NOTARY SERVICE.

PLEASE NOTE THAT THESE NOTARY TERMS ARE SUBJECT TO CHANGE BY EPIC RIVER IN ITS SOLE
DISCRETION AT ANY TIME. When changes are made, Epic River will make a new copy of the Notary Terms available at https://www.epicriver.com/notary-terms/ (the “URL”). We will also update the “Last Updated” date at the top of these Notary Terms. If we make any material changes, and You have provided Your e-mail address to us, we will also send an e-mail to You pursuant to the Terms. Any changes to the Notary Terms will be effective immediately for new users of the Notary Service and will be effective thirty (30) days after posting notice of such changes for existing users, provided that any material changes shall be effective for users for whom we have an e-mail address upon the earlier of thirty (30) days after posting notice of such changes orthirty (30) days after dispatch of an e-mail notice of such changes to existing users. Epic River may require You to provide consent to the updated Notary Terms in a specified manner before further use of the Notary Service is permitted. If You do not agree to any change(s) after receiving a notice of such change(s), You shall stop using the Notary Service. Otherwise, Your continued use of the Notary Services constitutes Your acceptance of such change(s).  PLEASE REGULARLY CHECK THE URL TO VIEW THE THEN-CURRENT NOTARY TERMS.

1. NOTARY SERVICE

The Notary Service enables commissioned Notary Publics to perform remote online notarizations of documents within the Service. The “Service” as defined in the Terms will include the Notary Service with respect to your use thereof. YOU ACKNOWLEDGE THAT, ALTHOUGH REMOTE ONLINE NOTARIZATIONS MAY BE ACCEPTED IN CERTAIN STATES GENERALLY, CERTAIN COUNTIES, CITIES, AGENCIES, ENTITIES, BUSINESSES, ETC., MAY NOT ACCEPT DOCUMENTS NOTARIZED VIA REMOTE ONLINE NOTARIZATION AND YOU AGREE TO NOT USE THE NOTARY SERVICE WHERE NOT ACCEPTED. 

 

Epic River is not responsible for determining whether any document: (a) is subject to an exception in applicable remote online notarization laws; (b) is subject to any particular agency rules or regulations pertaining to remote online notarization; or (c) can be notarized via remote online notarization under applicable laws. 

 

Though Epic River may supply a digital certificate from a trusted certificate authority, You are solely responsible for confirming that any such digital certificate meets applicable requirements. 

You acknowledge that, by using the Notary Service, You consent to electronic notary journal entries and electronic-contracts being made available to the Secretary of State or other reviewing government agency in charge of commissioning You as a Notary Public. EPIC RIVER MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE EPIC RIVER ELECTRONIC NOTARY JOURNAL FEATURE IS SUFFICIENT TO MEET YOUR LEGAL REPORTING REQUIREMENTS.

Epic River may communicate to a third party, advertise, or publicly announce Your participation in the Notary Service, which may include the use of Your trade name, trademark, service mark, or other information that identifies You in Epic River’s marketing and publicity activities; provided that Epic River will not make any false, misleading or disparaging statements regarding You in the course of any sales, marketing, publicity, and other activities. In addition, upon Epic River’s reasonable request, You agree to participate in marketing validation feedback and customer advocacy support which may include, but not limited to feedback surveys, case studies, user conferences, testimonials, and reference calls.

2. NOTARY’S RESPONSIBILITIES

As between You and Epic River, You are solely responsible for the nature and content of all materials, works, data, statements, documents, and other communications submitted by You or otherwise processed through Your Notary Service account (“Account”) or the Service and for all activities that occur under Your Account. In registering for an Account, You agree to provide true, accurate, current and complete registration information and to maintain and promptly update such information to keep it true, accurate, current and complete. You represent and warrant that your Notary Public commission is in good standing and not expired and that You have obtained and will maintain all necessary permits, authorizations, etc. to perform notary services hereunder.

You will not use or permit the use of the Notary Service: (a) to communicate any message or material that is defamatory, harassing, libelous, threatening, or obscene; (b) in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity; (c) in any manner that is likely to damage, disable, overburden, or impair the Service or the Notary Service; or (d) in violation of any applicable federal, state, or local laws or regulations.

You are responsible for (a) recognizing and identifying the parties of interest in all transactions (b) using the Notary Service and conducting all notary business in accordance with all applicable federal, state, and local laws and regulations at all times, including but not limited to: (i) maintaining an active commission with the jurisdiction where the transactions take place, (ii) recording the required information for each notarial act, and (iii) refraining from any act or omission that would be grounds for suspension or revocation of a commission; and (c) maintaining the confidentiality of Your Account names and password(s) such that Your Account remains within Your sole control.

3. RELATIONSHIP

At all times, Epic River and You are independent contractors, and neither party is the agent or representative of the other. These Notary Terms is not intended to create a joint venture, partnership, or franchise relationship between the parties. Third parties do not benefit from and cannot enforce these Notary Terms. There are no third-party beneficiaries to these Notary Terms. You must not represent to anyone that You are an agent of Epic River or are otherwise authorized to bind or commit Epic River in any way without Epic River’s prior authorization.

4. TERM AND TERMINATION

These Notary Terms will begin on the date of Your acceptance as described above and will end upon the earlier of the (a) the termination of Your use of the Notary Service or (b) expiration date of Your notary commission.

 

You may terminate Your use of the Notary Service at any time by cancelling your Account via email to support@epicriver.com.

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Notwithstanding any of the terms of these Notary Terms, Epic River reserves the right, without notice and in its sole discretion, to terminate Your right to use the Notary Service, to cancel your Account, and to block or prevent Your access to and use of the Notary Service. In the event of termination of access to the Notary Service for any reason, You have no right to obtain a copy of any data or communications stored or effected via the Notary Service.

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If these Notary Terms expire or are terminated for any reason: (i) You will pay to Epic River any amounts that have accrued before, and remain unpaid as of, the date of the termination or expiration; (ii) any and all liabilities of You to Epic River that have accrued before the effective date of the termination will survive; (iii) all licenses and use rights granted to You with respect to the Notary Service will immediately terminate; (iv) Epic River’s obligation to provide any further services to You under these Notary Terms will immediately terminate; and (v) any provision of these Notary Terms or the Terms which, by its expressly stated terms, is intended to survive the expiration or termination will survive.

5. DISCLAIMER

 
EPIC RIVER DOES NOT MONITOR THE CONTENT PROCESSED THROUGH THE NOTARY SERVICE. IN ADDITION TO THE GENERAL DISCLAIMERS IN THE TERMS, EPIC RIVER DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE DOCUMENTS OR TRANSACTIONS THAT PASS THROUGH THE NOTARY SERVICE. JURISDICTIONAL AND PERSONAL ACCEPTANCE OF A DOCUMENT NOTARIZED VIA REMOTE ONLINE NOTARIZATION IS NOT GUARANTEED.

THE LIMITATIONS ON LIABILITY UNDER THE TERMS WILL APPLY TO THESE NOTARY TERMS AND THE NOTARY SERVICE TO THE SAME EXTENT AS THE TERMS AND THE SERVICE.

6. INDEMNIFICATION

In addition to the indemnification obligations in the Terms, You agree to indemnify and hold Epic River (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of: (a) Your violation of these Notary Terms; (b) errors or omissions made by You in connection with Your use of the Notary Terms; (c) any use by You of the Notary Service or the conduct by You of notary business in violation of any applicable federal, state, or local laws or regulations; and (d) any misrepresentations made by You with respect to Your use of the Notary Service.