If you do not agree with any of these terms and conditions, do not use the Site.
BesteNotary, LLC facilitates the connection between users and notaries via our web-based technology platform. The Platform is comprised of the website and underlying source code. The terms “we,” “us,” and “our” refer to BesteNotary.
BesteNotary is not a law firm. We are a software company that facilitates the meetings between clients and notaries. We cannot and will not provide legal advice of any kind. Therefore, we cannot provide any advice or recommendation about your legal situation, including, but not limited to, whether your document may be electronically signed and/or notarized or whether your document will be accepted by your intended recipient. In every situation, we strongly recommend that you first check with your intended recipient whether or not they accept remote online notarization (RON) and/or electronic notarization. When in doubt, always check with your attorney.
BesteNotary is an Internet-based, scheduling service (the “Service”). It allows visitors from anywhere in the world to find and schedule an appointment with a Notary Public commissioned in the Commonwealth of Virginia.
Although BesteNotary attempts to provide accurate information on the Site, it assumes no responsibility for the accuracy of the information. BesteNotary may change the Services or prices mentioned at any time without notice. BesteNotary may periodically make changes to the Site.
States may have requirements that could restrict the use of remote or electronic notarizations in some circumstances or may require a Notary Public commissioned in their state.. Please consult your legal counsel and/or your intended recipient to determine if our service is suitable for your transaction.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, BesteNotary AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND BesteNotary’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO BesteNotary FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT BesteNotary HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You will indemnify, defend and hold harmless BesteNotary 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”). 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). 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.
You (the “Indemnifying Party”) shall, to the extent permitted by law, indemnify, defend and hold harmless the other BesteNotary 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. 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. The Indemnifying Party hereby waives any defense it may otherwise have under applicable workers compensation laws.
DISCLAIMER AND LIMITATION OF LIABILITY
Without limiting the foregoing, BesteNotary is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site or Service. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Service.
IN NO EVENT SHALL BesteNotary LLC’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED TWENTY ($20) DOLLARS, OR THE AMOUNT ACTUALLY PAID BY YOU IN THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, WHICHEVER IS GREATER. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BesteNotary LLC AND ITS SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR THE SERVICE, OR FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
BesteNotary shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by BesteNotary or by third-party providers, or because of other causes beyond BesteNotary’s reasonable control. HOWEVER, BesteNotary DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND BesteNotary DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The failure of BesteNotary to perform its respective obligations under this Agreement shall not be deemed a breach of this agreement to the extent that such performance is delayed or prevented in whole or in part by acts of God, fire, floods, storms, explosions, accidents, pandemics, epidemics, war, civil disorder, national emergency or other labor difficulties (including a strike, lockout or other work stoppage), or any law, rule, regulation, order or other action adopted or taken by any federal, state or local government authority or any other cause not reasonably within such party’s control, whether or not specifically mentioned herein, such an event being known as an event of “Force Majeure”. Pandemic means an epidemic disease that is occurring throughout a very wide area, usually several countries or continents, and usually affecting a large proportion of the population.
Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in these TOU may not apply to you.