Website Terms and Conditions of Use

Loan Signing System is a comprehensive step-by-step course created to help notary publics become expert loan signing agents and/or build a signing service. Loan signing agents can make $75-$200 per appointment and an appointment for a well-trained loan signing agent can take less than an hour.

Loan Signing System seeks to provide relevant training to help loan signing agents learn how to complete a loan signing. This training is not intended as legal or notary public training or advice. Check with your state to be sure that loan signing agents are utilized in the closing process. Always follow your state's notary public laws and best practices. No guarantees, promises or warranties of any kind are being made or should be understood to be made. Results may vary. Our courses come with a 100% money-back guarantee.

The content found on this website is for educational purposes only. What you do with the content is up to you. This content does not intend to describe the only way to become an expert loan signing agent or build a signing service business. We feel that Loan Signing System is the best program out there given our many years of experience in the field, but this is not a “one size fits all” concept. We hope that Loan Signing System works as well for you as it has for our many other students over the years.

1. Terms
These terms are between you and Loan Signing System, LLC, a California limited liability company. By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to view the educational materials (information or software) on Company's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
1. modify or copy the materials;
2. use the materials for any commercial purpose such as reselling it for your benefit, or for any public display (commercial or non-commercial);
3. remove any copyright or other proprietary notations from the materials; or
4. transfer the materials to another person or 'mirror' the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time for any reason. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer
The materials on Company's website are provided 'as is'. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations
In no event shall Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Company's Internet site, even if Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

5. Revisions and Errata
The materials appearing on Company's website could include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its website are accurate, complete, or current. Company may make changes to the materials contained on its website at any time without notice. Company does not, however, make any commitment to update the materials.

6. Links
Company has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Company of the site. Use of any such linked website is at the user's own risk.

7. 30-Day Money Back Guarantee
If you are not satisfied with the training you've received you can let us know within 30 days for a full refund. However, if you pass and receive the Loan Signing System certification within the 30-day period, the money back guarantee is no longer valid, since the certification is electronic and cannot be revoked.

8. Site Terms of Use Modifications
Company may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

9. Governing Law
Any claim relating to Company's website shall be governed by the laws of the State of California without regard to its conflict of law provisions.

10. Earnings Disclaimer
Every effort has been made to accurately represent our programs and the educational value they provide. However, there is no guarantee that you will earn any money using the techniques and ideas in these materials. When we present revenue and sales figures on our website and our other channels, we are often showcasing exceptional results, which may not reflect the average experience. You should not rely on any revenue, sales, or earnings information we present as any kind of promise, guarantee, or expectation of any level of success or earnings. Your results will be determined by a number of factors over which we have no control, such as your level of effort, skills, education, location, and changes within the market.

As with any business, your results may vary, and are no guarantees concerning the level of success you may experience. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire and motivation.

We cannot guarantee your future results and/or success. However, we do have a satisfaction guarantee.

The use of our information, products and services should be based on your own due diligence, including applicability to your state and local market, and you agree that loansigningsystem.com and the advertisers / sponsors of this website are not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products and services on or advertised on this website.

11. Affiliate Disclaimer
The goal of Loan Signing System training course is to help educate you on the possibilities that exist for a loan signing agent, but please understand that this is a for-profit business. Given this, you should assume that any links leading you to products or services are affiliate links that Loan Signing System may receive compensation from just to be safe. Having said that, there are hundreds of products and services on the web that relate to becoming a loan signing agent. Loan Signing System, LLC will only promote those products or services that we truly feel deliver value to you. Examples would include the printer, notary bag, and supplies that are personally used.

12. Indemnification
You will indemnify and hold harmless Loan Signing System, LLC and its members, officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of any Loan Signing System, LLC website, app, or other means of delivering content or (ii) your violation of these terms of use.

13. Dispute Resolution
You and Loan Signing System, LLC agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the services or content found on any Loan Signing System, LLC website, app, or means of delivering content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). You acknowledge and agree that you and Loan Signing System, LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Loan Signing System, LLC otherwise mutually agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Loan Signing System, LLC mutually agree otherwise, the arbitration will be conducted in San Diego, California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Loan Signing System, LLC submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. Neither party will be entitled to an award of attorney’s fees and expenses and each party hereby waives all rights it may have under applicable law to recover attorneys’ fees and expenses.
Fees
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $50,000, Loan Signing System, LLC will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

14. Trademarks and Endorsements
Loan Signing System interacts with a number of companies in the real estate industry such as Forbes, National Notary Association, First American Title, Lawyers Title, Chicago Title, US Bank, and Guild Mortgage. Loan Signing System may use registered trademarks of these companies such as names and logos. Unless explicitly stated, Loan Signing System training is not sponsored, endorsed by, or affiliated with those companies.

15. Program Copyrighted
All sessions of the Loan Signing System® course, related events, or related materials are copyrighted by the Loan Signing System. Recording, photocopying or reprinting information is not permitted without express permission from the Loan Signing System. By attending any live Loan Signing System recorded webinar or event, you agree that your image may be used at any time, without further notification, for printed materials, websites, social media, courses, and other marketing purposes.

16. Mentorship Subscription
Loan Signing System provides monthly mentorship as a service where you can ask questions live. Some courses include one month or several months of mentorship. For these services, we'll require you to provide your payment details up front. At the end of the included mentorship, we may automatically charge you for the applicable paid subscription on the first day following the included mentorship period on a recurring monthly basis. By providing your payment details and purchasing the course, you agree to this charge using such payment details. If you do not want this charge, you must cancel the applicable paid subscription through your Loan Signing System account before the end of the included mentorship. Cancelling monthly mentorship can be done through your account billing section at https://courses.loansigningsystem.com/account/bill... or you can email [email protected] to cancel.

17. Ambassadors / Interviews / Community Posts
Loan Signing System frequently interviews or allows members of the community to provide their opinions on how to build a notary loan signing business. Loan Signing System makes no representations as to the accuracy, completeness, suitability, or validity of any information provided by people in the LSS community, including but not limited to conference speakers, guests, interviewees, ambassadors, or social media followers. Loan Signing System is not liable for any errors, omissions, losses, or damages arising from its display or use. All information is provided on an as-is basis. It is the viewer’s or reader’s responsibility to verify their own facts. The views and opinions expressed by LSS community members are those of the authors and do not necessarily reflect the official policy or position of any other agency, organization, employer, or company, including Loan Signing System LLC.

18. In Person Events
Loan Signing System Ambassadors are not paid employees and at times will host their own in-person events. Loan Signing System LLC is not responsible for these events and cannot guarantee participants will not become infected when gathering at events or on hotel grounds or participating in event activities. By attending any events hosted by Loan Signing System or otherwise, you are acknowledging that an inherent risk of exposure to COVID-19 exists in any public place where people are present. By attending any event, you and any guests voluntarily assume all risks related to exposure to COVID-19 and agree not to hold Loan Signing System LLC, or any of their affiliates, directors, officers, employees, agents, contractors, or volunteers liable for any illness or injury.

If you have any questions regarding the Terms of Service above, please do not hesitate to contact [email protected].

This site and all content found herein is © 2016-2024 Loan Signing System, LLC Loan Signing System is a registered trademark of Loan Signing System, LLC, United States Patent and Trademark Office Registration Number 5,450,436

LSS Notary Success Marketing Software

These Terms and Conditions contain an arbitration provision. Please review the Arbitration section for details.
THESE TERMS AND CONDITIONS GOVERN YOUR ACQUISITION AND USE OF LSS NOTARY SUCCESS MARKETING SOFTWARE SERVICES.
IF YOU REGISTER FOR A FREE TRIAL OF LSS NOTARY SUCCESS MARKETING SOFTWARE SERVICES, THE APPLICABLE PROVISIONS OF THESE TERMS AND CONDITIONS WILL ALSO GOVERN THAT FREE TRIAL OR THOSE FREE LSS NOTARY SUCCESS MARKETING SOFTWARE SERVICES.
BY ACCEPTING THESE TERMS AND CONDITIONS, BY (1) CLICKING A BOX INDICATING ACCEPTANCE, (2) BY CREATING AND REGISTERING FOR A LSS NOTARY SUCCESS MARKETING SOFTWARE SERVICES ACCOUNT (AN "ACCOUNT"), OR (3) USING THE LSS NOTARY SUCCESS MARKETING SOFTWARE SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS. IF THE INDIVIDUAL ACCEPTING THESE TERMS AND CONDITIONS IS ACCEPTING ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERM "YOU" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF THE INDIVIDUAL ACCEPTING THESE TERMS AND CONDITIONS DOES NOT HAVE SUCH AUTHORITY, OR DOES NOT AGREE WITH THESE TERMS AND CONDITIONS, SUCH INDIVIDUAL MUST NOT ACCEPT THESE TERMS AND CONDITIONS AND MAY NOT USE THE LSS NOTARY SUCCESS MARKETING SOFTWARE SERVICES.
The LSS Notary Success Marketing Software Services may not be accessed for purposes of monitoring their ability, performance, or functionality, or for any other benchmarking or competitive purposes.
Our competitors are prohibited from accessing the LSS Notary Success Marketing Software Services, except with our prior written consent.
If we make a material change to these Terms and Conditions, including Subscription Service terms, we will notify you by posting the revised Terms and Conditions online, or by any other reasonable means in our sole discretion. Any changes to the Terms and Conditions are effective upon their posting. LSS Notary Success Marketing Software Services are only intended for use by companies located in the United States of America with US-based customers, except for specific non-US countries and territories approved by us in our sole discretion. If you intend to use LSS Notary Success Marketing Software Services within the US, you represent that you have the authority to enter into the Agreement, are the age of majority in the state in which you reside, are a legal resident of the United States who is an authorized representative of a business entity authorized to conduct business by the US state(s) in which it operates, that you will not use LSS Notary Success Marketing Software Services with/for any non-US based customers, and that your business is not engaged in marketing or providing services of an "adult" nature, pharmaceuticals, marijuana-related products or services, or guns/firearms-related services, for which you wish to utilize LSS Notary Success Marketing Software Services.

Definitions. Defined terms are:
1. "Agreement" means these Terms and Conditions, all applicable Subscription Service Terms, and our Privacy Policy.
2. "Authorized User" means your employees, consultants, contractors, or agents that have (i) been assigned Credentials to access and use your LSS Notary Success Marketing Software Services Account, (ii) registered to access and use your LSS Notary Success Marketing Software Services Account, and (iii) agreed to comply with the terms and conditions of the Agreement.
3. “CCPA” means the California Consumer Privacy Act of 2018, as may be amended and superseded, including by the California Privacy Rights Act of 2020, and any regulations promulgated thereunder.
4. "Contracting Party" means:
  1. Loan Signing System LLC
5. "Credentials" means the user identification and password to the Account delivered to you by us or set by you via your Account.
6. "Free Services" means those LSS Notary Success Marketing Software Services that we provide to you free of charge.
7. "Order" means your initial purchase of LSS Notary Success Marketing Software Services and any subsequent purchases or upgrades of LSS Notary Success Marketing Software Services and any applicable Subscription Services which may be purchased through your Account.
8. “Personal Information” means information provided to us by or at your direction, or to which access was provided to us by or at your direction, in the course of our performance under the Agreement that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
9. "Privacy Policy" means the policy located at https://www.loansigningsystem.com/privacy-policy.html.
10. "Subscription Period" is the amount of time LSS Notary Success Marketing Software Services are provided to you.
11. "Subscription Service(s)" means the individual functionalities and modules purchased in conjunction with your LSS Notary Success Marketing Software Services package.
12. "Subscription Service Terms" means additional terms applicable to a Subscription Service
13. "Third-Party Services" are those web-based, mobile, offline or other software functionality that interoperates with the LSS Notary Success Marketing Software Services, that is provided by a third-party and/or listed in the Loan Signing System Software Marketplace or under a similar designation. Third-Party Services will be identifiable as such.
14. "LSS Notary Success Marketing Software Services" are the product and services included in your Order, whether paid or provided to you free of charge or under a free trial, including any offline or mobile components, but excludes any Third-Party Services.
15. “US Data Protection Laws” means all applicable United States (US) state and federal laws, orders, regulations, and regulatory guidance now or in the future relating to information security, privacy and data protection including without limitation: (a) the CCPA; (b) Virginia’s Consumer Data Protection Act; (c) the Colorado Privacy Act (d) Connecticut’s Act Concerning Data Privacy and Online Monitoring; (e) the Utah Consumer Privacy Act; and (e) all implementing regulations of the foregoing.
16. "We," "us" or "our" means the Contracting Party and the third-party vendors who support the LSS Notary Success Marketing Software Services.
17. "You" or "your" means the individual or business entered as the Account owner during Account registration.
Services. The applicable Subscription Services Terms apply to your access and use of such Subscription Services, whether originally included in your LSS Notary Success Marketing Software Services package, added later as an upgrade, or subsequently provided to you as part of our enhancement of the LSS Notary Success Marketing Software Services. We will endeavor to provide you prior notice of the removal of any material feature of the LSS Notary Success Marketing Software Services. In case of such removal of a material feature, you may opt to terminate your LSS Notary Success Marketing Software Services subscription, in which case we will refund any associated prepaid fees for the remainder of the Subscription Period. We also reserve the right to offer or provide trials or tests of new features in development ("beta" features or solutions) from time to time. You understand and agree that use of any "beta" features is "at your own risk," as we may discontinue any such "beta" features at any time without notice or obligation to you, and/or to thereafter offer any formerly free "beta" feature as a paid Subscription Service or part of a higher LSS Notary Success Marketing Software Services package level.
Third-Party Services; Software Marketplace. Within your Account you may have access Third-Party Services via your Subscription Services and/or through the Software Marketplace, which is an aggregated offering of applications and services that may be of interest or use to you. Applications not branded Loan Signing System are Third-Party Services and are provided by third-party developers, licensors, or distributors (each a "Third-Party Provider"). Your purchase, download, or use of Third-Party Provider applications is governed by such Third-Party Provider's terms and conditions and privacy policy, as applicable. Additionally, your Subscription Services may include the capability for you, at your sole discretion, to integrate a Third-Party Provider application with your Account. If you exercise this integration option, you hereby authorize us to integrate such Third-Party Provider application with your Account to facilitate the sharing of certain Client Content (defined below) from your Account to your Third-Party Provider account, and the ingestion of Client Content from your Third-Party Provider account to your Account. You acknowledge and agree that (i) Third-Party Providers will have access designated by you to your Client Content and that it is your sole responsibility to evaluate any risks related to your sharing of Client Content with Third-Party Providers; (ii) we have no control over, and—to the maximum extent permitted by applicable Law—will have no liability for, any acts or omissions of any Third-Party Provider with respect to your sharing of Client Content, (iii) we may use our third-party vendors to facilitate the transmission of Client Content as contemplated herein, and (iv) your use of the Third-Party Provider applications is governed by such Third-Party Provider's terms and conditions and privacy policy, as applicable. To the maximum extent permitted by applicable Law, we disclaim all liability for the functionality of any Third-Party Provider applications and, unless otherwise expressly provided, for their interoperability with the LSS Notary Success Marketing Software Services. Without limiting anything in this Section, we reserve the right, but do not have the obligation, to monitor Client Content being shared from the LSS Notary Success Marketing Software Services to Third Party Services, and we may, in our sole discretion, refuse to share Client Content with a Third Party Service if we reasonably believe such Client Content may violate any applicable law or our business standards or policies, as determined by us in our sole discretion.
Term/Auto-Renewal.Your initial Subscription Period for LSS Notary Success Marketing Software Services will be specified at the time of your Order, and if not terminated by you at least 30 days before the end of such period, will thereafter automatically renew month-to-month until terminated as set forth in Section 5 below. Subscription fees will not be changed during your initial Subscription Period. Following your initial Subscription Period, we will provide at least 30 days notice to you of any increases in subscription fees that will take effect upon such renewal. If noted in the applicable Subscription Service Terms, certain Subscription Services may have different term lengths or may be prorated in their initial term to align with your existing LSS Notary Success Marketing Software Services Subscription Period.
Cancellation/Termination/Suspension. You may cancel your LSS Notary Success Marketing Software Services or any Subscription Service ("Cancellation") at any time within three (3) days of purchase ("Cancellation Period") for a full refund. If outside the Cancellation Period, you may provide notice to terminate ("Termination") at least 30 days prior to the beginning of your next Subscription Period. Cancellation or Termination requests must be submitted as described in Section 19 below. Terminations will be effective upon the expiration of your next Subscription Period after your notice is received. Except as expressly provided herein, no refunds will be provided. We reserve the right to terminate or suspend your Account for non-payment at any time. If your credit card is declined, we provide you seven calendar days to remedy this issue and provide proper payment. Thereafter, we may suspend your Account and your access to any and all LSS Notary Success Marketing Software Services until payment is received, and you remain responsible for all accrued charges. We may cancel all or any Loan Signing System Service in your Order at any time and for any reason (even if previously approved) and we have the right to terminate your Account if you violate the Agreement, or for any or no reason in our reasonable discretion, at any time. We may suspend, limit, or terminate Free Services for any reason at any time without notice. We may terminate your subscription to the Free Services due to your inactivity. If your Account is terminated, you agree: (a) to continue to be bound by the terms of the Agreement that survive termination, as applicable, (b) to immediately stop accessing or using LSS Notary Success Marketing Software Services, and (c) that your right to access and use LSS Notary Success Marketing Software Services immediately ends. Further, if your Account is terminated, you agree that we may keep all of your information and Account data stored on our servers for up to thirteen (13) months from the date of termination in order to provide our transition services; provided that we reserve the right to immediately delete such information at our sole discretion. You acknowledge and agree that, to the maximum extent permitted by applicable Law, we are not liable to you or any third party for termination or suspension of access to your Account or for deletion of your information or Account data.
Charges/Billing. You agree to pay the monthly or semi-annual subscription fee and any one-time or other recurring charges listed on your Order or any subsequent invoice. You will be responsible for any taxes due associated with such fees. The rates specified for LSS Notary Success Marketing Software Services do not include any extra charges that may apply for any usage or additional services that you elect, including separate charges that may apply for optional third-party applications, services or features, such as online payment processing or third-party applications that integrate with LSS Notary Success Marketing Software Services, except as otherwise provided in your LSS Notary Success Marketing Software Services package description or invoice. You agree to pay for any such services that you use or request at our standard rates or the third-party provider's specified rates.
PAYMENT TERMS AND RECURRING AUTO PAY. IF YOU PROVIDE US A CREDIT CARD, DEBIT CARD, BANK ACCOUNT NUMBER OR PAYPAL ACCOUNT, YOU AUTHORIZE US TO CHARGE THE CARD OR ACCOUNT AUTOMATICALLY AT THE START OF EACH BILLING PERIOD FOR THE AMOUNT OF YOUR MONTH OR SEMI-ANNUAL RECURRING CHARGES FOR LSS NOTARY SUCCESS MARKETING SOFTWARE SERVICES, PLUS APPLICABLE TAXES, AND LESS ANY ACCOUNT CREDITS, UNTIL YOU NOTIFY US TO CANCEL AUTOMATICALLY RECURRING PAYMENTS. It is your responsibility to keep your payment method information current, and you agree that your authorization for recurring payments will continue for any replacement payment information provided by you or the financial institution that provides your payment card, to the extent you have consented to have your financial institution auto-update your payment card information for recurring payees. Fees are due monthly or semi-annually (depending on which payment plan you elected at purchase), in advance, unless otherwise indicated on your Order. You agree to pay all charges in full by the billing due date. You may not withhold any payment for any reason. We may apply or offset payments from you, or monies owed to you, toward amounts owed under the Agreement or any other amounts you owe us.
Late Charges. We will assess, and you agree to pay, late charges on balances not paid by the due date. Late charges will begin to accrue after the due date at a rate equal to the lesser of 3% per annum or the highest lawful rate.
Usage and Right of Access. We grant you and your Authorized Users a non-exclusive, non-transferrable, limited, and revocable right to access and use LSS Notary Success Marketing Software Services solely through your valid Account(s) in accordance with all terms and limitations of the Agreement and any documentation we provide about LSS Notary Success Marketing Software Services features and functionality. You receive no right to LSS Notary Success Marketing Software Services other than those specifically granted in this Section 9 . Without limiting the generality of the foregoing, you agree that you will not use or attempt to use the LSS Notary Success Marketing Software Services for any purpose other than managing and promoting your NOTARY business. Among other things, you specifically agree that you will not: (i) modify, improve, reverse engineer, decompile, disassemble, copy, merge, reroute or create derivative works of or in the LSS Notary Success Marketing Software Services; (ii) sell, resell, lend, loan, lease, license, sublicense or transfer any of your rights to access or use LSS Notary Success Marketing Software Services, including, without limitation, providing outsourcing, service bureau, hosting, application service provider or on-line services to third parties, or otherwise make LSS Notary Success Marketing Software Services, or access thereto, available to any third party; (iii) use, display, mirror, frame or utilize framing techniques to enclose LSS Notary Success Marketing Software Services, or any individual element or materials within LSS Notary Success Marketing Software Services, the Loan Signing System name, any Loan Signing System trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without our express written consent; (iv) use LSS Notary Success Marketing Software Services to build a competitive product or offering, or other service that substantially replicates any features of the LSS Notary Success Marketing Software Services; (v) make LSS Notary Success Marketing Software Services, or any materials or content provided hereunder, available in any manner to any third party for use in the third party's business operations; (vi) perform or disclose to any third party any benchmarks, evaluations, performance tests, or competitive analysis of the LSS Notary Success Marketing Software Services (including uptime, response time, or other indicators), without our prior written consent; or (vii) encourage or enable any third party to do any of the foregoing. You further agree that you will not allow non-Authorized Users to use your Account or Credentials to access or use the LSS Notary Success Marketing Software Services under any circumstances (note: you should not need to provide your Credentials to any of our personnel in order to obtain customer service or support). A specific number of Authorized User Credentials is included in your LSS Notary Success Marketing Software Services package, and you may purchase additional Authorized User Credentials as an add-on to your LSS Notary Success Marketing Software Services package. You grant us and our third-party service providers specific permission to provide, administer, monitor, track and access your Account for any administrative purposes we deem appropriate. You acknowledge and agree that certain features within the LSS Notary Success Marketing Software Services may allow you to monitor your Authorized Users Account activity, including, but not limited to, correspondence with each other and with your customers. You shall bear full responsibility for informing and obtaining the consent and permission, as necessary per applicable federal, state and local laws, of any person (including any Authorized User) who uses your Account that such activities may be monitored. You acknowledge that you may be required to certify in writing, and provide periodic updates of, your compliance with any consent requirements regarding those who use your LSS Notary Success Marketing Software Services Account.
Security of Passwords/Account Transactions. You are entirely responsible for maintaining the confidentiality of your Account and any Credentials, including those for Authorized Users and for any charges, damages, liabilities or losses incurred due to your compromise of your Account Credentials. You are responsible for all acts and omissions on your Account and through use of your Credentials, and you agree that the conduct of any user on your Account in clicking on any on-screen buttons, purchasing any upgrades, or engaging in any other similar conduct, will be legally sufficient for all purposes to bind you to the same extent as though evidenced by your original signature. You waive all claims or defenses that are inconsistent with the foregoing acknowledgements. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. We may revoke your Credentials or deny you or any Authorized User access to any administrative or other functionality, in whole or in part, at any time in our reasonable discretion, but especially if we detect or suspect any threat to the security or integrity of our systems associated with your Account or a violation of this Section.
Calling. We may or may not provide a provisioned telephone number (an "VoIP Number") acquired by us for use within your LSS Notary Success Marketing Software Services. Use of a VoIP Number in your LSS Notary Success Marketing Software Services will enable you to make and receive calls over the Internet. Without limiting anything in Section 16, you represent and warrant that you will comply with all Laws (as defined therein) relating to telephonic communications. Your use of the calling feature within the LSS Notary Success Marketing Software Services is limited to the number of minutes per month included in your Order. Unused minutes will not roll over to the next month. We do not guarantee the availability of our calling feature in any or all geographical areas. We may disable your ability, or charge you a fee, to make calls to certain countries if we choose to, even if we generally offer calling to these countries. One reason we may do this is if you are making a disproportionate or excessive number of calls to these countries.
SMS Messaging. You may be eligible for SMS messaging services for use in connection with your LSS Notary Success Marketing Software Services, subject to approval by the applicable third-party SMS provider in each instance. In order to use this service, you agree to cooperate with us in the submittal of your request to the applicable SMS provider. If you are approved by the SMS provider, we may provide a provisioned telephone number (a “Loan Signing System SMS Number”) acquired by us on your behalf for use within your LSS Notary Success Marketing Software Services solely for the purposes described in this Section. Alternatively, you may provide us with a non-mobile telephone number you own (“Your SMS Number”) to be SMS enabled for use within your LSS Notary Success Marketing Software Services. The Loan Signing System SMS Number and Your SMS Number, together are herein referred to as the “SMS Number.” Use of a SMS Number in your LSS Notary Success Marketing Software Services will enable you to send and receive text messages from within LSS Notary Success Marketing Software Services and will allow us to attempt to reduce the number of unwanted texts coming into your business. You acknowledge that accepting a Loan Signing System SMS Number and/or providing us Your the SMS Number means that you authorize us to take measures to reduce the number of spam texts that come into your business via the SMS Number and to not deliver to your business such texts that are determined, through use of our analytics systems and screening methods, to likely be unwanted spam texts. You grant us the exclusive right to receive all text data arising from the SMS Number. We do not guarantee any specific exchange for a Loan Signing System SMS Number. You understand and agree that your customers may incur mobile charges when texting the SMS Number. You agree that, as between us, (i) we have all rights and licenses in and to the Loan Signing System SMS Number, (ii) ownership of the Loan Signing System SMS Number cannot be transferred to you by us at any time during or after the term of your Subscription Period, and (iii) when your Subscription Period ends, the Loan Signing System SMS Number will be disconnected or may be reassigned to another business. You will not cause or permit a Loan Signing System SMS Number to be published or otherwise used apart from your LSS Notary Success Marketing Software Services, and you cannot assign or transfer the Loan Signing System SMS Number to a third party. You authorize and give full permission and consent to us to install, implement, use, and enable, as applicable, in the LSS Notary Success Marketing Software Services the SMS Number, and to permit us to collect, use and store information collected via the SMS Number. You agree to cooperate with us as required to enable the SMS Number. You understand and agree that we and our third-party vendors may use the SMS Number and the associated data collected from the SMS Number to provide reports to you and otherwise provide the LSS Notary Success Marketing Software Services to you. Additionally, we may use aggregated and anonymized data associated with the SMS Number for our business purposes, in our sole discretion, in accordance with our Privacy Policy. You agree to treat as confidential any Personal Information provided to you or contained in the text messages or reporting that results from your use of the SMS Number. You represent and warrant that: (i) you will only use a Loan Signing System SMS Number in connection with the LSS Notary Success Marketing Software Services contemplated hereunder; (ii) without limiting anything in Section 16 you will comply with all Laws (as defined therein) related to your use of the SMS Number, including without limitation, those related to data privacy, advertising and marketing, and (iii) you will comply with all SMS provider policies. Without limiting the foregoing sentence, you represent and warrant that you will not send any messages that contain content in any of the following categories: sex, hate, alcohol, firearms or tobacco. You further agree that you will be liable for any fines and fees levied by any third party (including without limitation, an SMS provider or governmental agency) associated with your misuse of the SMS Number or your failure to comply with this Section.
Operational Limits and Changes. You acknowledge that certain LSS Notary Success Marketing Software Services may be subject to limitations imposed by applicable Laws or the policies of third-party service providers that we do not control, and that these limitations may restrict or limit the availability of certain LSS Notary Success Marketing Software Services (e.g., payments, social media services, text marketing) for certain types of businesses. You understand that any information or data provided by you to us may not be processed on a real-time basis and may be subject to the latency of the Internet, our systems, third-party networks and sites. In addition, you acknowledge that wireless carriers may implement changes that delay or prohibit our provision of the LSS Notary Success Marketing Software Services. To the maximum extent permitted by applicable Law, we and our service providers will not be responsible or liable for delays or non-delivery of the services caused by wireless carriers, third-party networks, internet providers or search engines. You acknowledge that the operation of LSS Notary Success Marketing Software Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and we shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the LSS Notary Success Marketing Software Services. We will make reasonable efforts to keep the LSS Notary Success Marketing Software Services operational 24 hours a day/7 days a week, except for: (i) planned downtime; or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, third party service provider failures or delays, or Internet service provider failures or delays.
Landing Page/Proxy Authorization. You understand and agree that we may create and host a temporary internet site or web page for use solely as a landing page or destination site for those clicking on your LSS Notary Success Marketing Software Services advertising ("Landing Page") at a URL we will choose, provision and administer, which Landing Page and/or URL may incorporate content you make available including your business name, branding and other elements like logos or trade dress. You represent and warrant that you have the authority to authorize us to create and host such a Landing Page using these elements. Alternatively, we may create and host a "proxy" site, which is a close copy of your website on a different URL ("Proxy Page"), for use as a Landing Page with your LSS Notary Success Marketing Software Services. You authorize us to create such a Proxy Page and agree to cooperate with us in the placement of necessary code on your original website to effectuate the Proxy Page, and you agree to indemnify us for and assist in resolving claims of infringement based on our use of your business name or the content in your original website in this fashion. You agree that we may vary certain elements of your website in the Proxy Page, such as using a Call Tracking Number or tracking URL in place of your business number or website URL. You agree that we will have the right to collect and use the data collected about users from the Proxy Page(s) used in providing your LSS Notary Success Marketing Software Services and that our collection and use of such data is subject to our Privacy Policy which is available at https://www.loansigningsystem.com/privacy-policy.html. You agree to post a privacy policy to govern your collection and use of data from your website that is used as the basis for the Proxy Page and that any privacy policy you adopt must include notice that third parties such as us will collect and process data. In the event you require the use of your existing website as a landing page, you represent and warrant that it will be free of viruses or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or Personal Information.
Privacy Policy. You agree to maintain a prominent link to an online privacy policy on your website to which your LSS Notary Success Marketing Software Services advertisements direct users, and you will ensure that each policy complies with the Agreement and all applicable laws, regulations, guidelines, and industry standards. In the event we provide you a Landing Page for use with LSS Notary Success Marketing Software Services advertisements, you agree (i) that we may include a link to a privacy policy on such Landing Page, and (ii) to abide by such privacy policy.
Complying with the Law. You understand that you and your usage of the LSS Notary Success Marketing Software Services (and your Authorized Users and their usage of the LSS Notary Success Marketing Software Services) must comply with all laws, rules, regulations, codes, requirements and industry standards, as well as amendments to these laws, rules, regulations, codes and requirements (the "Laws") related to the LSS Notary Success Marketing Software Services and the included features that are applicable to your business, your business type and your business's location. This includes, but is not limited to, the Telemarketing and Consumer Fraud & Abuse Prevention Act, Telephone Consumer Protection Act of 1991 (TCPA), the Americans with Disabilities Act (ADA), The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM), Federal Trade Commission guidance, and laws related to privacy and data security, as applicable, as well as other relevant standards, laws and regulations governing your activities in marketing, advertising, communications and data collection and use. No Spam Policy: You agree not to use your LSS Notary Success Marketing Software Services for the posting or sending of, nor include or reference any domain name(s) or URL(s) associated with your LSS Notary Success Marketing Software Services in, unsolicited commercial advertising, email, information, announcements, texts or other messages or any other unsolicited distribution commonly considered to be "Spam." We may, but have no obligation to, attempt to detect, manage, and eliminate Spam generated from your use of the LSS Notary Success Marketing Software Services. We discourage the use of the LSS Notary Success Marketing Software Services (except for authorized payment processing platforms), to upload, communicate, store or solicit any sensitive personal data, including without limitation financial account information, social security numbers, driver's license or government ID numbers, or private health information. While we provide an industry-standard or higher level of protection for your data stored and messages transmitted through the LSS Notary Success Marketing Software Services, you understand that the LSS Notary Success Marketing Software Services are an internet-based, hosted SaaS, and you acknowledge that no server or internet connection can be guaranteed to be completely secure. Thus, you agree that you are responsible for any use by you (or under your Account) of the LSS Notary Success Marketing Software Services to upload, communicate, store or solicit any sensitive personal data, and to the maximum extent permitted by applicable Law, we disclaim any liability therefor. You understand that, unless you have separately signed a BAA with us in relation to the LSS Notary Success Marketing Software Services, the standard LSS Notary Success Marketing Software Services are not intended to be compliant with the Health Insurance Portability and Accountability Act (HIPAA) and are not intended to be used to communicate or store "protected health information." Accordingly, if you do share any protected health information via the LSS Notary Success Marketing Software Services absent a BAA with us, you do so without our knowledge or consent and at your own risk. Because you may have the capability to accept credit card payments using the LSS Notary Success Marketing Software Services, you agree to comply with applicable Payment Card Industry Data Security Standards ("PCI DSS") and Laws with respect to all card data, and to the extent you have the capability to accept payment via ACH debit from a bank account, you agree to comply with National Automated Clearing House Association rules, as applicable. You agree that we will have the right to collect and use the data collected about users from the servers used to provide the LSS Notary Success Marketing Software Services customer portals and that our collection and use of such data is subject to our Privacy Policy. You acknowledge and agree that we may include a link to a privacy policy on the customer portal web pages, your LSS Notary Success Marketing Software Services Website, or otherwise via the LSS Notary Success Marketing Software Services, which explains how Personal Information is collected and used on the applicable web page. You acknowledge and agree that you will comply with such privacy policy and all applicable Laws related thereto, and that you are solely responsible for such compliance.
Our Rights/Remedies. If you or your affiliates do not pay all charges by 30 days after the due date, fail to meet any other obligation under the Agreement or under any other agreement between us, or make any Client Representation (defined below) or warranty that is or becomes untrue, we may, without notice: (i) require you to pay immediately all unpaid amounts you owe and will owe for your Account;(ii) remove, suspend, or modify your Account access; (iii) suspend or terminate your Account without liability; (iv) recover all collection costs and attorneys' fees; and (v) pursue any other available legal or equitable remedies. If we receive notice from another party contesting your right to use or display a name, trademark, service mark or other content, in addition to the remedies above, we may, without liability to you, cancel or suspend your Account or affected LSS Notary Success Marketing Software Services features until you have resolved the dispute with the other party to our satisfaction. We may also remove the disputed content immediately. We may change any content you submit via the LSS Notary Success Marketing Software Services to conform to our standards, practices and policies or the policies of any third party on whose site, platform or network on which such content is published.
Feedback. Any questions, comments, suggestions, ideas, original or creative materials or other information you provide about the LSS Notary Success Marketing Software Services or our products or services (collectively, "Feedback"), is non-confidential and will become our sole property. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Notices/How to Contact Us. All notices must be in writing and sent by emailing [email protected] and providing information in the "Send us a Message" section. Cancellation or Termination notices must include your business name, telephone number, and address, and must be directed to the Customer Service department.
Limitation of Liability/Disclaimers. We are not responsible for any claim that arises between your customers and you related to your use of the LSS Notary Success Marketing Software Services. If you experience issues with your use of the LSS Notary Success Marketing Software Services due to any system error on our part, you agree that we may, at our discretion, provide free services as a makegood, but under no circumstances will refunds be provided.
To the maximum extent permitted by applicable law, we will have no liability with respect to any "BETA" services or features provided to you at no cost. LSS NOTARY SUCCESS MARKETING SOFTWARE SERVICES AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS-AVAILABLE" BASIS. WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED OR ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY OR BY CUSTOM OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT (i) THE LSS NOTARY SUCCESS MARKETING SOFTWARE SERVICES OR ANY RELATED SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS, (ii) THE OPERATION OF THE LSS NOTARY SUCCESS MARKETING SOFTWARE SERVICES OR ANY RELATED SERVICES WILL BE CONTINUOUS OR FREE OF DEFECTS, ERRORS OR INACCURACIES, (iii) THE FUNCTIONS CONTAINED IN THE LSS NOTARY SUCCESS MARKETING SOFTWARE SERVICES WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU, (iv) YOUR DATA WILL BE SAFE FROM UNAUTHORIZED ACCESS, (v) YOUR LSS NOTARY SUCCESS MARKETING SOFTWARE SERVICES WILL BE AVAILABLE OR ACCESSIBLE AT ANY GIVEN TIME, OR (vi) YOUR USE OF LSS NOTARY SUCCESS MARKETING SOFTWARE SERVICES WILL COMPLY WITH ALL APPLICABLE LAWS. Furthermore, and without limiting the generality of the foregoing, we do not warrant, and you expressly disclaim any reliance on, any statements or representations, including estimates, not contained in the Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR OTHER EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS OR REVENUE, OR LOSS OF BUSINESS, OR LOSS OF GOODWILL OR REPUTATION, OR LOSS OF USE OR DATA. THE LIMITATION OF LIABILITY IN THIS SECTION SHALL APPLY REGARDLESS OF THE NATURE, TYPE OR FORM OF THE CLAIM, WHETHER BASED IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, EQUITY OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE. Further, we will not be responsible for any compensation, reimbursement, or damages arising in connection with: (i) your inability to use THE Loan Signing System SERVICES, including as a result of any (a) termination or suspension of the Agreement or your use or access to THE Loan Signing System SERVICES, (b) our discontinuation of THE Loan Signing System SERVICES or any FEATURE IN ACCORDANCE WITH THE Agreement, or (c) any unanticipated or unscheduled downtime of THE Loan Signing System SERVICES for any reason; (ii) the cost of procurement of substitute goods or services; (iii) any investments, expenditures, or commitments by you in connection with the Agreement or your use of or access to THE Loan Signing System SERVICES; or (iv) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss, or failure to store any of your content or other data. Our aggregate liability under the Agreement will not exceed the GREATER OF: (i) one hundred dollars ($100); or (ii) The amount you have paid under your Account for THE Loan Signing System SERVICES during the 12 months prior to any claim.
The limitations in this Section shall apply notwithstanding any failure of essential purpose under the Agreement. To the maximum extent permitted by applicable Law, we are not liable to you for any deviation from or change in our policies, practices, and procedures.
You understand and agree that we have set our prices and entered into the Agreement with you in reliance upon the limitations of liability set forth in these Terms and Conditions, which allocates risk between us and form the basis of a bargain between the parties.
Waiver of Class Action and Jury Trial and Consent to Binding Arbitration. You and we agree that we will resolve any controversies, claims, counterclaims, or other disputes between you and us or you and a third-party agent of ours (each a "Claim") through binding and final arbitration, instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA Rules"). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law prior to the date you agreed to these Terms and Conditions. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. A court of competent jurisdiction has exclusive authority to determine the existence, scope, and validity of the arbitration agreement and the arbitrability of any claim or counterclaim, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied and any objections with respect to any of the foregoing. To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim at Loan Signing System LLC, 5694 Mission Center Rd # 602153, San Diego, CA 92108-4355., Attention: Legal Department. This letter must be sent at least five (5) days before you initiate an arbitration proceeding against us.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. Notwithstanding the foregoing, if your attorney is paying the administrative costs, filings fees, arbitrator fees, and other associated arbitral costs on your behalf, and your attorneys' may recover all or a portion of those fees only if you obtain an award in the arbitration, your attorney must evenly split all costs with us initially. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude either party from seeking action by federal, state, or local government agencies. You and we also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.
Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class, consolidated or representative basis. The arbitrator can decide only your and/or our individual Claims.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. If for any reason a Claim proceeds in court rather than in arbitration you and Loan Signing System each waive any right to a jury trial. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms and Conditions.
The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. This Section of the Terms and Conditions will survive the termination of your relationship with us.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Your Content. "Client Content" means content you, or any person(s) using your Account, supplies or makes available to us for publishing, posts directly, or asks us to use in the LSS Notary Success Marketing Software Services. You grant us, our third-party service providers and their third-party providers, as applicable, a perpetual, royalty-free, sub-licensable, non-exclusive, fully-paid, worldwide, irrevocable right and license to store, use, copy, record, modify, display, publish, publicly perform, distribute (in any form or media), transmit by any means, and create derivative works from the Client Content in relation to the LSS Notary Success Marketing Software Services. To the extent you include or incorporate any materials in your Client Content that are or may be subject to a third-party copyright, trademark or other intellectual property or publicity right, you certify that you have the relevant permissions and consents to use such materials in a promotional context and to pass on such rights to us. You are solely responsible for the Client Content and will produce and deliver all Client Content in accordance with our then current guidelines, procedures, technical requirements, and deadlines. If you fail to comply, we may cancel or suspend your affected LSS Notary Success Marketing Software Services. Without limiting the forgoing, you represent that the Client Content (i) shall be true and accurate to the best of your knowledge, and (ii) is not defamatory, offensive, obscene, indecent, or otherwise unlawful or objectionable. We may refuse to accept or transmit Client Content for any reason. We may remove Client Content from the LSS Notary Success Marketing Software Services for any reason.
Our Rights in Content/Copyright/Trademarks; Publicity. If we create or supply any content for your use with the LSS Notary Success Marketing Software Services, the content we create is our sole and exclusive property ("Loan Signing System Content"), except for included Client Content and any content we license from a third party. You understand that we may supply such Loan Signing System Content or similar content to our other clients. You agree that you have no right to use Loan Signing System Content apart from your use of the LSS Notary Success Marketing Software Services without our written permission. You also agree that to the extent you permit us, including orally or by posing for a photo, to record your likeness and/or voice in any medium, then you grant us the right to edit, use, publish, distribute, or display your likeness and/or voice, in whole or in part, for any lawful purpose in relation to the LSS Notary Success Marketing Software Services or your purchase or use of the LSS Notary Success Marketing Software Services, in any manner and medium, including but not limited to, advertising, publicity or promotional material online and in print. You agree that we own the copyright in, and all copyrighted portions of the LSS Notary Success Marketing Software Services. You agree not to use or alter any trademark, trade name, trade dress or any name, picture or logo that is commonly identified with us or our affiliates unless permission is granted by us in writing. You agree that: (i) we may truncate, edit, refuse, reject or exclude from any use in connection with the LSS Notary Success Marketing Software Services any content we obtain or links we establish under the licenses you grant us herein; (ii) we may modify, expand, or utilize data within, augment content from, or add links to your LSS Notary Success Marketing Software Services to develop searchable and user value-add data that may appear in response to searches by end users; (iii) we and our contractors may use search algorithms and other methods to map end user search terms to categories and keywords that you select; and (iv) the search terms in response to which your LSS Notary Success Marketing Software Services may appear on the Internet may differ from the specific categories and keywords that you selected.
Data Protection
1. General Compliance. You and we agree to comply with all applicable Laws in the performance of this Agreement. Without limiting the foregoing, you represent and warrant that your use of the LSS Notary Success Marketing Software Services will comply with all applicable Laws, including with regard to data subject rights, data security and confidentiality, and providing data subjects with all necessary information (including by means of offering a transparent and easily accessible public privacy notice) regarding, our and your processing of Personal Information for the purposes described in the Agreement.
2. Compliance with US Data Protection Laws. To the extent, if any, that we receive any Personal Information in our capacity as a service provider or data processor, as such terms are defined and understood pursuant to applicable US Data Protection Laws, we shall: (i) not retain, use or disclose such Personal Information outside the direct business relationship between you and us, or for any purpose, including a commercial purpose, other than for the purpose of providing the LSS Notary Success Marketing Software Services to you hereunder (the “Contracted Business Purpose”); (ii) only process such Personal Information to the extent necessary to perform such Contracted Business Purpose, and for only as long as we provide services to you; (iii) not sell such Personal Information; (iv) not share such Personal Information; and (v) not combine such Personal Information that we receive from, or on behalf of you with Personal Information that we receive from, or on behalf of, another person, or collect from our own interaction with a consumer, provided that we may combine such Personal Information if it is within the scope of providing the Contracted Business Purpose to you.
  We further agree that: (i) we shall comply with applicable obligations under US Data Protection Laws, including by providing the same level of privacy protection as required by the CCPA of a business; (ii) you have the right to take reasonable and appropriate steps to help ensure that we use such Personal Information in a manner consistent with your obligations under US Data Protection Laws; (iii) we shall notify you immediately if we make a determination that we can no longer meet our obligations under US Data Protection Laws; and (iv) you have the right, upon notice, to take reasonable and appropriate steps to stop and remediate unauthorized use of such Personal Information. We shall promptly comply with any request or instruction from you requiring us to provide, amend, transfer, or delete such Personal Information, or to stop, mitigate, remedy, or remediate any unauthorized use or processing. We will promptly notify you if we receive a request from an individual, or on behalf of an individual, for information about, access to, amendment of, or deletion of that individual’s Personal Information. We shall not respond to any such request without your prior written consent, except to confirm that the request relates to you. Upon request by you, we will reasonably assist you to fulfill the rights of that individual and respond to such request, at your expense.
3. Notwithstanding the foregoing, we may use de-identified or aggregated and anonymized information or metrics about your use of or engagement with the LSS Notary Success Marketing Software Services for our internal analytical purposes and/or to improve our services.
Client's Representations. You represent and warrant that: (i) you have the unrestricted right to use, and to grant the licenses you grant in the Agreement with respect to, all Client Content and that your licensing of Client Content to us will not infringe any third party copyright or trademark rights; (ii) you and your Authorized Users will comply with all applicable Laws and you and any individuals having access to your Account have all required licenses to provide the goods and services you advertise in all applicable jurisdictions; (iii) you and your Authorized Users have not made any false or misleading claims in Client Content or any communications via the LSS Notary Success Marketing Software Services; (iv) in the event you use third-party social media logos or other membership organization's branding in your advertisement(s) or communications, you are and will remain a member in good standing of each social media platform or membership organization represented with logos and/or branding in your advertisement(s) or website, in accordance with the rules and/or terms and conditions of such platforms or organizations; (v) you and your Authorized Users have not requested, and will not use, the LSS Notary Success Marketing Software Services for any unlawful purpose or business; (vi) you have not violated any contractual or legal obligation by entering into the Agreement and requesting us to provide the LSS Notary Success Marketing Software Services to you; (vii) you are or are authorized to represent the business identified in your Account profile; and (viii) and all contacts you and your Authorized Users provide us for the LSS Notary Success Marketing Software Services have opted into all relevant forms of communication in compliance with all Laws (collectively, your "Client Representations"). You will notify us immediately if any of the above becomes inaccurate.
Indemnification. To the maximum extent permitted by applicable Law, you agree to defend, indemnify and hold us and our agents, representatives, employees, and affiliates harmless from any liability or costs, including attorneys' fees and expenses, resulting from: (a) any breach of a Client Representation; (b) your or your Authorized Users failure to comply with all Laws; (c) any act, omission or fault of you, your Authorized Users, or your employees, agents or contractors in connection with your use of the LSS Notary Success Marketing Software Services; (d) any claim that the Client Content or other information provided by you or your Authorized Users violates any applicable Law or infringes on any third party patent, copyright, trademark, trade secret or other intellectual property or proprietary right; (e) any communication sent through your Account or your or your Authorized Users collection or use of any information obtained through the LSS Notary Success Marketing Software Services; (f) any transactions initiated through the LSS Notary Success Marketing Software Services and any payment processing services. You will continue to be obligated by this Section even after the termination of the Agreement. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
Governing Law and Jurisdiction. You agree that the Agreement will be governed by Texas law. Exclusive venue and jurisdiction for all claims and disputes that are not subject to arbitration pursuant to Section 21 will be in the state and federal courts located in Tarrant County, Texas.
Entire Agreement. The Agreement constitutes the entire agreement between you and us and supersedes all prior agreements and representations, whether express or implied, written or oral, with respect to the LSS Notary Success Marketing Software Services. You agree not to include any limiting endorsement on a check or other form of payment, and we may cash a check containing a limiting endorsement or accompanied by any limiting instruction without affecting your obligations or our rights. Neither you nor any of your employees or agents are authorized to change or add to the Agreement or any other documents that are part of the Agreement in any way, and any purported change or addition, whether oral or written, is void. No additional statement, promise or guarantee by any purported representative of ours outside the terms of the Agreement, except as made in a duly signed, written amendment, shall create any binding obligation on us.
Assignment. The Agreement is binding on you and your successors. We may assign the Agreement, but you may not do so without our prior written consent.
Miscellaneous: Unenforced Rights. Except as otherwise set forth in the Agreement, neither you nor we will lose any of our rights under the Agreement, even if you or we do not enforce a right or delay in enforcing a right.
Force Majeure. Neither party will be liable for any damages arising from acts of God or events outside of that party's reasonable control. Severability. If any provision of the Agreement is found to be unenforceable, the rest of the Agreement will remain in full force and effect.
Electronic Signature. You agree that your acceptance of these Terms and Conditions, given electronically, will have the same legal effect as if the Terms and Conditions had been personally signed in writing by you. Our imaged copy of these Terms and Conditions will be deemed a duplicate original for evidentiary purposes.
Contact by Us. Following the acceptance of these Terms and Conditions, if you have provided a phone number, mobile phone number and/or email address for contact purposes, you consent to receiving commercial and transactional telephonic or electronic correspondence from us at such number or address via phone call, facsimile, email or text, including via auto-dialer or recorded message, and/or for the purpose of multi-factor authentication (“MFA”) to confirm your identity and help protect the security of your Account. To opt out of such communications, follow opt-out or unsubscribe instructions included in the text message or email. You agree that telephone conversations between you and us or our agents may be monitored and/or recorded.If your Contracting Party is not Loan Signing System LLC, you acknowledge and agree that Loan Signing System LLC may correspond with you on behalf of your Contracting Party.
Use of LSS Notary Success Marketing Software Services Outside the United States of America. LSS Notary Success Marketing Software is not allowed to use outside of the United States