EsignMyDocs.com Terms of Service

Use of the EsignMyDocs.com website and services constitutes your agreement to be bound by the Terms stated below. If you do not agree with the Terms, then you must terminate your use of this Web Site.

1. Purpose of Web Site. EsignMyDocs.com is Florida based E-Notary and E-Signing Agent service specifically designed to help escrow and title companies, lawyers and banks (“Client(s)”) complete transactions and closings with signers anywhere in the world.

2.

Limited Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license (1) to access and use the EsignMyDocs.com strictly in accordance with these Terms of Use; (2) to use the EsignMyDocs.com solely for the purpose intended.

3. Advertisers. EsignMyDocs.com may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on EsignMyDocs.com is accurate and complies with applicable laws. EsignMyDocs.com will not be responsible for the illegality of or any error or inaccuracy in any advertiser's or sponsor's materials.

4. Modifications to Terms of Use. EsignMyDocs.com reserves the right to change these Terms and Conditions of Use at any time. Updated versions of the Terms and Conditions of Use will appear on EsignMyDocs.com and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions of Use. Continued use of the EsignMyDocs.com after any such changes constitutes your consent to such changes.

5. Third-Party Content. Third-party content may appear on EsignMyDocs.com or may be accessible via links from EsignMyDocs.com. EsignMyDocs.com shall not be responsible for and assumes no liability for any mistakes, misstatements, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the EsignMyDocs.com. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of EsignMyDocs.com.

6. Payment. Payment for all services is due within thirty days of completed performance.  Invoices will be issued via PayPal.  Payments may be made through PayPal or direct wire transfer.  All past due accounts will accrue interest at the highest legal rate allowed in Florida.  Client is responsible for all costs of collection of past due accounts including, but not limited to, reasonable attorney’s fees and court costs.

7. Indemnification. You are solely liable for any content, messages or other information you transmit, provide or upload to EsignMyDocs.com.  You agree to indemnify and hold harmless EsignMyDocs.com, its owners, agents, successor, or assigns, from any third party claim, action, demand, loss, or damages (including attorney's fees and costs) arising out of or relating to your violation of these Terms of Use, your use of the EsignMyDocs.com, or your violation of any rights of a third party.

8. Governing Law, Jurisdiction and Non-Waiver. These Terms of Use are governed by and construed in accordance with the laws of the State of Florida and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Palm Beach County and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms of Use. 

9. You represent that You have read, understand, and agree to be bound by the Terms and that You have the authority to enter into the Terms personally or on behalf of the entity You named as the Client, and to bind that entity to the Terms.

10. These Terms of Use do not create and are not intended to create any rights in third parties, and EsignMyDocs.com disclaims any intent to create third-party beneficiary rights by these Terms of Use or acts of E-Notary or E-Signing Agent.

11. You agree that by using the EsignMyDocs.com and related services you are at least 18 years of age and you are legally able to enter into a contract. If you do not meet these eligibility requirements, you do not have permission to access the services of EsignMyDocs.com. If EsignMyDocs.com has previously prohibited you from accessing the services, you do not have permission to access the services unless expressly reauthorized by EsignMyDocs.com.

12. “User Generated Content” means any and all information and content that You submit to or use in connection with the Services, including uploaded documents, statements, invoices, messages, calls, signing requests, and Notary Signing Assignments. You are responsible for Your User Generated Content. You assume all risks associated with the use of Your User Generated Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of Your User Generated Content that makes you or any third party personally identifiable. EsignMyDocs.com reserves the right in its sole discretion to pre-screen, refuse, or remove any User Generated Content without prior notice to you. you acknowledge that we have no obligation to pre-screen, monitor, review or edit your – or anyone else’s – User Generated Content, and that we have no responsibility or liability related to the accuracy of User Generated Content. By accessing and using the Services, you acknowledge and agree that when you submit certain User Generated Content it may be accessed by or shared with others, including a Client, signer, or notary.

13. Client agrees to obtain any rights, permissions or consents from signers or parties that are necessary for the lawful use of User Generated Content while operating through EsignMyDocs.com and to respond to and resolve any dispute a Client, signer or party has relating to or based on User Generated Content, including access to User Generated Content by third parties.

14. To access a document to sign, or access a Platform or Website used or affiliated with EsignMyDocs.com, you may be asked to provide certain information about yourself as prompted by the access process. You are responsible for maintaining the confidentiality of your login information and any information you access using the Platform or the Services. You agree to immediately notify EsignMyDocs.com of any unauthorized use or suspected unauthorized use.

15. Reservation of Rights. Snapdocs reserves the right, in its sole discretion, to suspend or terminate your access and refuse any and all current or future use of the Services if you violate these Terms of Use. You agree that EsignMyDocs.com, it owners, agents or affiliates, will not be liable for any claim, injury, or damage arising in connection with any suspension or termination of your access or any such refusal of any use of the services (or any portion thereof).

16. Audit Trails. You acknowledge and agree that Snapdocs may create an audit trail on your transactions and activity on our Platform and/or Website. You acknowledge and agree that any audit trails created by EsignMyDocs.com, its owners, agents or affiliates may not be admissible in a court of law. We do not warrant or guarantee that any audit trails are legally binding.

17. Necessary Equipment. You must provide all equipment and software necessary to connect to the services provided by or through EsignMyDocs.com, including but not limited to, a computer that is suitable to connect with and use the services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.

18. Identity Verification. You authorize us, directly or through third parties, to make any inquiries we consider necessary to help verify your identity or prevent fraud while using the services. This may include asking you to provide a form of government identification (e.g., driver’s license or passport), photograph (including biometric data), Your date of birth, and other information requiring you to take steps to confirm ownership of your email address or other accounts.

19. Verification of your Signature. You authorize us, directly or through third parties to verify that a signature belongs to you by using your personal information, for example information related to your access, login credentials, email verification, and IP address.

20. E-SIGNING DOCUMENTS.  EsignMyDocs.com provides access to a third-party electronic signature solutions (“E-Sign Solution”) for signing documents as part of ours services, including notarized documents. EsignMyDocs.com complies with the requirements of the U.S. Electronic Signature in Global and National Commerce Act of 2000 (“ESIGN”) and Uniform Electronic Transactions Act (“UETA”). By using the E-Sign Solution, you agree to transact business using electronic communications, electronic records, and electronic signatures rather than using paper documents to communicate, keep records, and sign. You acknowledge and agree that legislation such as ESIGN and UETA have provided electronic signatures the legal equivalence of handwritten signatures on paper. You agree not to electronically sign a document without first reading and understanding it, thus demonstrating that you are able to access the electronic information contained within the document before signing. You acknowledge and agree that you are not required to use our E-Sign Solution or electronically sign documents. EsignMyDocs.com does not make any warranties or guarantees as to the enforceability of ESIGN and UETA for transactions and documents.

21. You acknowledge and agree that we may access, preserve, or share any of your information when we believe in good faith that it is reasonably necessary to investigate, prevent, or take action regarding possible illegal activities or to comply with legal or regulatory obligations. We may also access, preserve, or share your information in situations involving potential threats to the physical safety of any person, or violations of these Terms of Use or to respond to claims of violation of the rights of third parties and/or to protect the rights, property and safety of EsignMyDocs.com, our employees, clients, signers or the public. This may involve the sharing of your information with law enforcement, government agencies, courts, and/or other organizations.

22. GENERAL RELEASE FROM THIRD-PARTY CONDUCT When interacting with other signers, users, Clients or other third parties, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. YOU AGREE THAT YOUR INTERACTIONS WITH OTHER SIGNERS CLIENTS AND OTHER PARTIES USING ESIGNMYDOCS.COM’S SERVICES, WHETHER ONLINE OR OFFLINE, ARE SOLELY BETWEEN YOU AND SUCH PERSONS OR ENTITIES. YOU FURTHER AGREE THAT ESIGNMYDOCS.COM, OUR EMPLOYEES, OUR OFFICERS, OUR DIRECTORS, OUR MANAGERS, OUR REPRESENTATIVES, OUR AGENTS, AS WELL AS OUR AND THEIR AFFILIATES AND LICENSORS HAVE NO DUTY OR OBLIGATION TO CONTROL OR SUPERVISE SUCH INTERACTIONS, AND THAT YOU ARE SOLELY RESPONSIBLE FOR THEM. YOU AGREE THAT ESIGNMYDOCS.COM, OUR EMPLOYEES, OUR OFFICERS, OUR DIRECTORS, OUR MANAGERS, OUR REPRESENTATIVES, OUR AGENTS, AS WELL AS OUR AND THEIR AFFILIATES AND LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING FROM OR RELATING TO YOUR ONLINE OR OFFLINE INTERACTIONS WITH OTHER SIGNERS, CLIENTS, OR OTHER PARTIES USING SERVICES THROUGH ESIGNMYDOCS.COM OR ITS AFFILIATES OR PLATFORMS.

23. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF THE USE OF OUR SERVICES REMAINS WITH YOU. YOU AGREE THAT NEITHER ESIGNMYDOCS.COM NOR ANY OTHER PERSON OR ENTITY THAT USES OR BENEFITS FROM THE SERVICES WILL BE LIABLE FOR INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR HARMS ASSOCIATED WITH THE LOSS OF DATA OR LOSS OF GOODWILL, AND LOSSES ASSOCIATED WITH SERVICE INTERRUPTION OR SYSTEM FAILURE. THIS ALSO INCLUDES ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES.

24. IF, DESPITE THE DISCLAIMERS, LIMITATIONS, AND RELEASES IN THESE TERMS, YOU HAVE A LEGITIMATE CLAIM FOR DAMAGES AGAINST US (INCLUDING FOR A BREACH OF THESE TERMS), YOUR EXCLUSIVE REMEDY IS TO RECOVER—WHETHER FROM ESIGNMYDOCS.COM OR FROM ITS AFFILIATES AND LICENSORS—UP TO THE AMOUNTS YOU PAID FOR ESIGNMYDOCS.COM SERVICES DURING THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY (OR UP TO ONE HUNDRED U.S. DOLLARS ($100) IF NO SUCH PAYMENTS HAVE BEEN MADE). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THOSE LIMITATIONS MAY NOT APPLY TO YOU.

25. INDEMNIFICATION. You agree to defend, indemnify and hold harmless ESIGNMYDOCS.COM, and its respective suppliers, licensors, officers, directors, employees and agents from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) from third-party claims arising from or relating to (i) Your use of the Services; (ii) Your breach of these Terms (including the Supplemental Notary Terms), (iii) Your breach of applicable law or regulations, and (iv) Your submission, posting, use or transmission of any personal information (including User Generated Content) to or from the Platform. ESIGNMYDOCS.COM reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify ESIGNMYDOCS.COM, and you agree to cooperate with the defense of these claims. You agree not to settle any matter without the prior written consent of ESIGNMYDOCS.COM. Snapdocs will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it unless doing so would violate the law or court order. You must do the same if you become aware of anything. This provision does not require You to indemnify Snapdocs and its respective suppliers, licensors, officers, directors, employees or agents for an unconscionable commercial practice by such party or for such party’s knowing and intentional fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Platform.

26. THIRD PARTY SOFTWARE AND LICENSES. Portions of the Platforms used by ESIGNMYDOCS.COM may include software that we license from third parties (“Third Party Software“), which may be subject to various “open source” or commercial licenses. ESIGNMYDOCS.COM has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, practices of, or opinions expressed in, any third-party websites or by any third party that you interact with through or on the Platform. You agree that ESIGNMYDOCS.COM is not liable to you or others for the information or services provided by any such Third Party Software. Third Party Software is subject to the terms and conditions imposed by the licensors of that Third Party Software (“Third Party Terms”). You should review them. You agree that your use of Third Party Software is subject to and governed by the related Third Party Terms, but those Third Party Terms do not alter these Terms of Use. We do not make any warranty with respect to Third Party Software.

27. YOUR OWNERSHIP. You own your User Generated Content. Subject to these Terms, you grant us and any ESIGNMYDOCS.COM’S employee, contractor, vendor or servicer, a worldwide, non-exclusive, irrevocable, perpetual, royalty-free license to access, process, copy, distribute, perform, export, display or otherwise use your User Generated Content (in whole or in part), for the purposes of improving, operating and providing our services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Generated Content. 

28. ESIGNMYDOCS.COM’S Ownership. We own and will continue to own our services and website, including all related intellectual property rights. We grant you a non-sublicensable, non-transferable, non-exclusive, limited license to use the services. All of our rights not expressly granted by this license are hereby retained by ESIGNMYDOCS.COM.

29. Notice. The communications between You and EsignMyDocs.com use electronic means, whether you use the services or send us emails, or whether EsignMyDocs.com posts notices on the Website or Platform or communicates with you via email. For contractual purposes, you (i) consent to receive communications, including notifications, from EsignMyDocs.com in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that EsignMyDocs.com provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. 

30. Waiver. No waiver by EsignMyDocs.com of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of EsignMyDocs.com to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

31. Severability. If any provision of these Terms or Supplemental Notary Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. 

32. “EsignMyDocs.com,” “EsignmyDocs,” “E Sign My Docs,” and all related names, logos, product and service names, designs and slogans are trademarks of Thrunbun Corporation or its affiliates or licensors in the United States and in other countries. You may not use such marks without the prior written permission of Thrunbun Corporation. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

33. Entire Agreement. These Terms of Use, constitute the sole and entire agreement between you and EsignMyDocs.com regarding the services. They supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

34. YOUR COMMENTS AND CONCERNS. If You have any questions or concerns regarding these Terms, please contact us at: raquel@EsignMyDocs.com.