Effective March 24, 2023
All users, visitors, and others accessing or using the Site or Notary Pin Services (defined below) must read these “Terms of Service” (the “Terms”) carefully before using the Site or Notary Pin Services operated by Notary Pin, Inc. (“Notary Pin,” “us,” “we”). Both Notary Pin and User are each a “Party” and collectively “the Parties.”
As a user, visitor, or other individual or entity accessing or using the Site or the Notary Pin Services (“User(s)” or “you”), your access to and use of the Site or the Notary Pin Services is conditioned upon your acceptance of and compliance with these Terms. By accessing or using the Site or the Notary Pin Services, you agree to be bound by these Terms. If you do not agree to any part of these Terms, then you may not access or use the Site or the Notary Pin Services, may not maintain a User account with Notary Pin, and must terminate any existing User account with Notary Pin.
The Terms include and incorporate by reference the Notary Pin Cancellation Policy (/cancellation-policy).
If you use the Site or the Notary Pin Services on behalf of an entity or another individual (including Signers as defined below), then the “User” and “you” include you and that entity or individual, and you represent and warrant that: (A) you are an authorized representative of the entity or individual with the authority to bind the entity or individual to these Terms; and (B) the entity or individual agrees to these Terms.
Welcome to Notary Pin. As explained above, the User must agree to these Terms before accessing or using the Site or the Notary Pin Services (defined below), including receiving a quote for Notary Pin Services or a connection with a notary facilitated by Notary Pin. The “Site” includes notarypin.com as well as any incorporated or otherwise related websites or software developed by Notary Pin or third parties to facilitate the Notary Pin Services.
- Contractual Relationship, Termination & Modification.
- Notary Pin, in its sole discretion, may immediately terminate the Terms, access to the Site, or the Notary Pin Services with respect to you or generally cease offering or deny access to the Site or the Notary Pin Services or any portion thereof, at any time for any reason.
- Notary Pin reserves the right to modify the Terms or its policies relating to the Site or the Notary Pin Services at any time, effective upon posting of an updated version of the Terms on the Site or through the Notary Pin Services. Users should regularly review the Terms, as Users’ continued use of the Site or the Notary Pin Services after any such changes constitutes the Users’ agreement to such changes.
- The Services.
- Notary Pin, Inc., is a nationwide networking service. Notary Pin has notaries who provide fast, professional, and courteous service to homeowners in the process of financing properties and others in need of services from a notary.
- The “Notary Pin Services” enable User and others to request services from third-party services providers or connect with third-party service providers, including without limitation, public notaries (individually a “Notary” and collectively “Notaries”).
- In some instances of the Notary Pin Services, once a User makes a request, Notary Pin notifies a Notary that an opportunity is available so that the Notary may complete the User’s request. It is up to the Notary to decide whether or not to offer services to Users or at all, and it is up to Users to decide whether or not to accept such services from the Notary.
- After User has accepted services from a Notary via the Notary Pin Services, the Notary may perform services for the User (the “Notary Services”) including but not limited to:
- Traveling to a location of the User’s choice.
- Authenticating the identity of the individual(s) signing, attesting to, or executing a document (individually a “Signer” and collectively the “Signers”).
iii. Acknowledging deeds.
- Administering affidavits, sworn statements, or oaths.
- Printing documents that may be signed, attested to, or executed by Signers, or that are otherwise necessary to provide the Notary Services.
- Marking documents with a seal or other symbol to demonstrate the accuracy of the statement(s) in the documents.
vii. Recording the Notary’s activities resulting from the Notary Pin Services.
viii. Reporting the Notary’s activities arising from the Notary Services to a state, county, or other governing body.
- Guiding Users through the process of completing and signing documents.
- Assisting real estate professionals in the management of properties.
- Users’ ability to request, and if applicable, obtain Notary Services or other third-party services from Notaries or other third-party service providers in connection with the use of the Notary Pin Services does not establish Notary Pin as a provider of anything other than the Notary Pin Services.
- Independent third-party service providers and Notaries are not actual agents, apparent agents, ostensible agents, or employees of Notary Pin in any way. Any effort, feature, process, policy, standard, or other effort undertaken by Notary Pin to facilitate your receipt of third-party services or Notary Services or in the interest of safety or security (whether required by applicable regulations or not) is not an indicia of an employment, actual agency, apparent agency, or ostensible agency relationship with a third-party provider.
- Fees, Cancellation & Right of Refusal.
- In consideration of the Notary Pin Services, User agrees to pay Notary Pin the agreed upon amount specified and arranged at the time of providing the Notary Pin Services.
- The User may be charged fees for untimely cancellation of Notary Services. The Terms include and incorporate by reference the Notary Pin Cancellation Policy (https://www.californianotarypin.com/cancellation-policy).
- If the User does not appear for Notary Services appointments at the designated date, time, and place after receipt of the Notary Pin Services, then User agrees to pay Notary Pin for the full agreed upon amount for the Notary Services.
- Payment inquiries should be directed to firstname.lastname@example.org.
- The Notary may refuse to notarize a document as part of the Notary Services if the Notary cannot be certain of a Signer’s identity, willingness to sign, or understanding of the contents of the document being signed, attested to, or executed. A cancellation fee is applied to cover the cost of the Notary’s time and travel. The cancellation fee must remain in effect to allow the Notary to perform his or her duties without monetary influence (see Responsibilities of a Notary Public below).
- Expenses. Notary Pin shall not be responsible for any expenses the User accrues in facilitating the Notary Services.
- Term and Termination.
- The Terms shall persist and continue until termination by either Party.
- User Responsibilities. User agrees to:
- Report to appointments for Notary Services at the date, time, and place designated at the time of receipt of the Notary Pin Services. Failure to do so can result in fees (see above).
- Except for items requiring a notarial act to verify, completing all documents that may be signed, attested to, or executed by Signers, or that are otherwise necessary to provide the Notary Services.
- Act in a manner consistent with any and all applicable laws and regulations. The Notary also agrees not to use the Site or the Notary Pin Services to violate any rule or regulation, including those at any educational institution.
- Not engage in any illegal or fraudulent activity in connection with use of the Site, the Notary Pin Services, or the Notary Services.
- Not under any circumstances upload any viruses, ActiveX installers, Java installers, or Internet Explorer Exploits onto the Site.
- Responsibilities of a Notary Public.
- Notaries are officials of integrity appointed by the states or jurisdictions to serve the public as impartial witnesses. Notaries are not attorneys and cannot explain the contents of any documents being signed by Signers.
- A Notary’s duties include verifying a Signer’s true identity, willingness to sign without duress or intimidation, and awareness of the contents of any documents or transactions.
- Confidential Information.
- Notary Pin acknowledges that Notary Pin may, in connection with the Notary Pin Services, receive or become exposed to private, proprietary, or otherwise confidential information (“Confidential Information”), which may include but is not limited to: personal financial information; loan, lending, or mortgage information; the content of sworn statements, oaths, and affidavits; and the identity of Users and Signers.
- Notary Pin agrees: not to disclose Confidential Information to the public, to require Notaries to agree to keep Confidential Information in confidence, and to safeguard Confidential Information using reasonable care.
- Confidential Information shall not include:
- Information that was in the public domain at the time it was disclosed, or thereafter passes into the public domain through no fault of Notary Pin;
- Information in the Notary Pin’s possession or already known at the time of disclosure;
iii. Information that was rightfully received by Notary Pin from a third party unrelated to Notary Pin Services; or
- Information independently developed by Notary Pin without use of Confidential Information.
- Notary will not use Confidential Information other than for fulfillment of its responsibilities under the Terms or the Notary Pin Services.
- After fulfillment of the Notary Pin Services, Notary Pin may keep Confidential Information for the purpose of enforcement of or defense under the Terms.
- If Notary Pin is legally required by court order, law, or other governmental regulation to disclose Confidential Information, then such disclosure will not constitute a breach of the Terms.
- Warranties & Representations. User warrants and represents the following:
- User is eighteen (18) years of age.
- User knows, understands, and will follow all federal, state, and local laws, statues, codes, rules, regulations, requirements, and procedures in accessing or using the Site or the Notary Pin Services.
- User knowingly, voluntarily, and freely consents to these Terms.
- The User has had the opportunity to review and decline to enter the Terms, and understands and agrees to the Terms.
- All information shared with Notary is, to the best of User’s knowledge, true and accurate.
- That the identity of Signer is that attested to.
- That the User and Signer are of sound mind and capable of contracting.
- Subject to the Terms and to the extent permitted by law, User shall indemnify, hold harmless, and defend Notary Pin and its officers, directors, shareholders, managers, employees, agents, licensors, subcontractors, affiliates, assignees, appointees, successors, and volunteers (individually an “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including those related to bodily injury or property damage, and including professional fees reasonable attorneys’ fees, arising out of, resulting from, or in connection with the Notary Pin Services, the Notary Services, or any connection facilitated between any User or Signer and the Notary (collectively, “Losses”), including those Losses arising from direct claims and the negligence of Notary Pin.
- Notary Pin provides the Notary Pin Services, and any and all information incidental to facilitating a connection between a User and the Notary without any warranty to or representation of its accuracy or veracity. Such information is subject to the preceding obligation of User to hold harmless Notary Pin for all Losses.
- USER UNDERSTANDS AND ACKNOWLEDGES THAT NOTARY PIN IS NOT LIABLE FOR THE ACTIONS OF NOTARIES. USER UNDERSTANDS THAT NOTARY PIN SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE SERVICES RENDERED TO USERS OR SIGNERS IN THE PERFORMANCE OF THE NOTARY SERVICES.
- User acknowledges that the Notary Services may involve certain inherent risks and hazards, and that Notary Pin is not responsible for User’s own safety and well-being while interacting with Notaries. User agrees to assume all risks associated with the Notary Pin Services and the Notary Services.
- Choice of Law & Forum.
- The Terms, the Notary Pin Services, the Notary Services, and all matters arising out of or relating to either, are governed by, and construed in accordance with, the laws of the State of California (including its statutes of limitations and Cal. Civ. Code § 1646.5), without regard to such laws governing choice of law.
- Any legal suit, action, or proceeding arising out of or relating to the Terms, the Notary Pin Services, the Notary Services, or the transactions contemplated hereby shall be instituted in any United States federal court or state court located in the state of California in the City of San Diego and County of San Diego, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. The Parties irrevocably and unconditionally waive any objection to the laying of venue of any suit, action, or proceeding in such courts, and irrevocably waive and agree not to plead or claim in any such court that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum.
- Causes of Action.
- Any cause of action by the User with respect to the Site, the Notary Pin Services, the Notary Services, or the Terms (and/or any information, products, or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in the Terms.
- Intellectual Property & Licenses.
- All intellectual property in the Site or Notary Pin protectable in any jurisdiction worldwide is and will remain the exclusive property of Notary Pin and any licensors to Notary Pin or third-party developers, if applicable. Notary Pin hereby grants User a limited, nonexclusive, non-sublicensable, nontransferable, and personal license to access and use the Site or the Notary Pin Services provided that such license is subject to the User’s continued compliance with the Terms.
- Notary Pin reserves all rights not expressly granted to User in the Terms. Except for the limited rights and licenses expressly granted under the Terms, nothing grants, by implication, waiver, estoppel, or otherwise, to User or any third party, any intellectual property rights or other right, title, or interest in or to the intellectual property of Notary Pin, its licensors, or third parties.
- User shall not, intentionally or unintentionally, knowingly or knowingly, access or use the Site in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person or entity, or that violates any applicable law.
- To the extent allowable by law, User shall not access or use the Site or the Notary Pin Services to copy, modify, or create derivative works of the Site or the Notary Pin Services or any related software or code; or reverse engineer, disassemble, decompile, decode, adapt, mine, scrape or extract data; or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to the Site or the Notary Pin Services, or otherwise attempt to derive or gain access to any software component of the Site or the Notary Pin Services, including those of third parties.
- The Terms grants User no license to use any trade or service mark (including any common law rights) of Notary Pin.
- THE SITE AND THE NOTARY PIN SERVICES AND INFORMATION FROM OR THROUGH THE SITE AND THE NOTARY PIN SERVICES IS PROVIDED “AS IS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
- THE INFORMATION AND SERVICES PROVIDED THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. NOTARY PIN AND THE NOTARY PIN’S AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR THE USER’S USE OF ANY INFORMATION OR SERVICE, OR LIABILITY ARISING OUT OF THE RELATIONSHIP BETWEEN THE NOTARY AND USERS OR SIGNERS IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, NOTARY PIN AND THE NOTARY PIN’S AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN NOTARY PIN AND THE USER. THE SITE, THE NOTARY PIN SERVICES, AND ANY INFORMATION DISCLOSED UNDER THE TERMS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM NOTARY PIN THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THE TERMS.
- NOTARY PIN SPECIFICALLY DISCLAIMS ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NOTARY PIN MAKES NO WARRANTY OF ANY KIND THAT THE SITE, THE NOTARY PIN SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET USER’S OR ANY OTHER PERSON’S REQUIREMENTS (INCLUDING SIGNERS) OR EXPECTATIONS, OPERATE WITHOUT INTERRUPTION, BE AVAILABLE AT ANY TIME OR IN ANY GEOGRAPHIC LOCATION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE. NOTARY PIN MAKES NO WARRANTY OR REPRESENTATION THAT THE SERVICE DOES NOT INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, THAT THE SERVICE WILL NOT INCIDENTALLY INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS BY NATURE OF ITS OPERATION. NOTARY PIN CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT USERS DISCLOSE VIA THE SITE OR THE NOTARY PIN SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. USER ACCEPTS THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD NOTARY PIN RESPONSIBLE FOR ANY BREACH OF SECURITY.
- ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE NOTARY PIN SITE, FORMS, OR DOCUMENTS ARE DISCLAIMED. THE NOTARY PIN WILL NOT BE LIABLE TO USER FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE SITE OR THE NOTARY PIN SERVICES. THE NOTARY PIN’S MAXIMUM LIABILITY TO USER UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE FEES THAT USER HAS PAID NOTARY PIN FOR THE NOTARY PIN SERVICES.
- Third Parties.
- The Site may incorporate or contain links to third-party websites, products, or services that are not owned or controlled by Notary Pin, and User’s use of or access to the Site may entail using, accessing, or interacting with third-party websites, products, or services.
- Notary Pin has no control over and assumes no responsibility for the content, privacy policies, terms of service or use, or practices of any third-party websites, software, or services. Notary Pin provides no warranties regarding the offerings of any third-party entities or individuals, their software, or their websites.
- User acknowledges and agree that Notary Pin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites, software, or services.
- Notary Pin has no control over and can provide no refunds for payments, subscriptions, or fees incurred through third-party offerings. Notary Pin does not operate, maintain, or have custody or control over other applications, marketplaces, or platforms, and Notary Pin has no ability to undo, reverse, or restore any transactions occurring through other applications, marketplaces, or platforms. Notary Pin is not a party to any agreements between User and third parties.
- Notary Pin strongly advises that User reads the terms of service or use and privacy policies of any third-party websites, software, or services that User visits, uses, accesses, or interacts with related to User’s use of the Site.
- Relationship of the Parties. Nothing herein shall be construed to create a joint venture or partnership between the Parties hereto or an employee/employer or agency relationship. Other than as provided in the Terms, neither Party hereto shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other Party, or to bind the other Party to any contract, agreement, or undertaking with any third party (including Notaries).
- Severability. If any provision of the Terms is held to be invalid, unconscionable, or unenforceable under any applicable statute, under any rule of law, or by a court of competent jurisdiction, then the Parties deem it to that extent to be revised to effectuate, to the fullest extent permitted by law, the intent of the Parties as set forth herein. The balance of the Terms shall remain in full force and effect.
- No Waiver. The failure by either Party to enforce at any time or for any period one or more of the rights, provisions, or conditions of the Terms shall not be a waiver of the rights, provisions, or conditions, or of the right at any time subsequent to enforce all rights, provisions, and conditions of the Terms.
- No Assignment & Subcontracting. Notary Pin may assign or subcontract operation of the Site or provision of the Notary Pin Services or any right or duty under the Terms.
- Interpretation. The language in the Terms shall be interpreted as in accordance with its fair meaning and not strictly for or against either Party. To the extent that anything in or associated with the Site is in conflict or inconsistent with the Terms, the Terms shall take precedence.
- Successors & Assigns. The Terms shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and assigns.
- No Third-Party Beneficiaries. The Terms, the Site, and the Notary Pin Services shall not create nor shall they be deemed or construed to create any rights in any third party, including any Signers, or representatives of Users or Signers, to enforce the Terms.
Notary Pin, Inc., is a California corporation whose address is 12760 Rancho Penasquitos Blvd Apt 68, San Diego, CA 92129.
The individual assenting to the Terms represents that he or she has the authority to agree to the Terms and to bind the User (and applicable, the Signer) to the Terms.