Terms of Service | Notary Guide

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and ERC Enterprises, LLC ("Company," "we," "us," or "our"), the owner and operator of The Notary Guide application, browser extension, and related services (collectively, the "Service").

By accessing, downloading, installing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. Nature of the Service

2.1 Information Compilation Service

The Notary Guide is an information compilation and accessibility tool that aggregates, organizes, and presents publicly available information regarding notary public laws, regulations, requirements, and procedures across all 50 United States and U.S. territories.

2.2 Source of Information

All information provided through the Service is derived exclusively from:

State statutes and legislative codes
State administrative rules and regulations
Secretary of State publications and guidance documents
State notary handbooks and official resources
Other publicly available government publications

The Service does not generate, create, or fabricate legal requirements. We compile existing public information and present it in an organized, user-friendly format for convenience and accessibility.

2.3 No Document Generation or Storage

The Service is a guidance-only tool. We do not:

Generate, create, or modify notarial certificates or documents
Store, transmit, or access any documents you notarize
Record or retain information about your notarial transactions
Have access to signer information or document contents
Provide notarial act execution services

3. NOT LEGAL ADVICE - CRITICAL DISCLAIMER

3.1 No Attorney-Client Relationship

THE SERVICE DOES NOT PROVIDE LEGAL ADVICE. Use of the Service does not create an attorney-client relationship, a professional advisory relationship, or any fiduciary duty between you and the Company.

3.2 Information vs. Legal Counsel

The information provided through the Service is for general informational and educational purposes only. This information:

Is not a substitute for professional legal advice
Should not be relied upon as legal counsel
Does not account for your specific circumstances, jurisdiction, or transaction
May not reflect the most current legal developments or interpretations

3.3 Professional Consultation Required

YOU ARE STRONGLY ADVISED TO CONSULT WITH A QUALIFIED ATTORNEY licensed in your jurisdiction before:

Performing any notarial act where you have questions or uncertainty
Interpreting state-specific requirements for complex transactions
Making decisions that could result in legal liability
Handling unusual or high-risk notarization scenarios

3.4 User Responsibility

You acknowledge and agree that:

You bear sole responsibility for verifying the accuracy and applicability of any information
You must independently confirm all legal requirements with authoritative sources
Your reliance on the Service is entirely at your own risk
The Company is not responsible for any actions you take based on the Service

4. Limitation of Liability

4.1 No Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

4.2 No Guarantee of Accuracy

While we strive to provide accurate and up-to-date information, WE DO NOT WARRANT OR GUARANTEE:

The accuracy, completeness, or currentness of any information
That the information reflects the most recent statutory changes
That the Service will meet your specific requirements
That the Service will be uninterrupted, timely, secure, or error-free
That any errors in the Service will be corrected

4.3 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR:

(a) Any indirect, incidental, special, consequential, punitive, or exemplary damages;

(b) Any loss of profits, revenue, data, goodwill, or other intangible losses;

Your use of or inability to use the Service
Any errors, inaccuracies, or omissions in the Service content
Unauthorized access to or alteration of your data
Any third-party conduct or content on the Service
Any notarial acts performed based on information from the Service
Commission revocation, suspension, or disciplinary action
Civil or criminal liability arising from notarial acts
Professional malpractice claims
Any other matter relating to the Service

(d) DAMAGES EXCEEDING THE GREATER OF: (i) the total amount paid by you to the Company in the twelve (12) months preceding the claim, or (ii) one hundred dollars ($100.00 USD).

4.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

4.5 Essential Purpose

YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE ESSENTIAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY WOULD NOT PROVIDE THE SERVICE WITHOUT SUCH LIMITATIONS.

5. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

(a) Your use of the Service;

(b) Any notarial act you perform or fail to perform;

(d) Your violation of any applicable law, rule, or regulation;

(e) Your violation of any third-party rights;

(f) Any claim that your use of the Service caused damage to a third party;

(g) Any professional liability, malpractice, or negligence claims against you.

6. User Representations and Warranties

By using the Service, you represent and warrant that:

6.1 Legal Capacity

You have the legal capacity to enter into these Terms and are at least 18 years of age.

6.2 Professional Status

If using the Service in connection with notarial duties, you represent that you:

Hold a valid notary public commission in your jurisdiction
Are in good standing with your commissioning authority
Will comply with all applicable laws and regulations
Will independently verify all legal requirements before acting

6.3 Accurate Information

Any information you provide to us is accurate, current, and complete.

6.4 Authorized Use

Your use of the Service does not violate any applicable law, regulation, or obligation to a third party.

7. Subscription Terms

7.1 Subscription Tiers

The Service offers multiple subscription tiers:

Free Tier: Limited access to guides and features
Pro Tier: Enhanced access with additional features
Signing Agent Tier: Full access for professional notary signing agents

7.2 Billing and Payment

Subscription fees are billed in advance on a monthly or annual basis
All fees are non-refundable except as required by law
You authorize us to charge your payment method for recurring fees
Prices may change with 30 days' notice

7.3 Cancellation

You may cancel your subscription at any time
Cancellation takes effect at the end of the current billing period
No refunds for partial billing periods

7.4 Free Trial

If offered, free trials convert to paid subscriptions unless canceled before the trial ends.

8. Intellectual Property

8.1 Company Ownership

The Service, including its design, features, functionality, organization, and presentation of information, is owned by the Company and protected by copyright, trademark, and other intellectual property laws.

8.2 Public Domain Information

The underlying legal information compiled in the Service (statutes, regulations, etc.) remains in the public domain. Our compilation, organization, and presentation of such information is proprietary.

8.3 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose, subject to these Terms.

8.4 Restrictions

You may not:

Copy, modify, or distribute the Service or its content
Reverse engineer, decompile, or disassemble the Service
Remove any copyright or proprietary notices
Use the Service for any commercial purpose without authorization
Create derivative works based on the Service

9. Third-Party Services

9.1 Third-Party Integrations

The Service integrates with third-party services including but not limited to:

Supabase: Authentication and data storage
Stripe: Payment processing
Cloudflare: Hosting and content delivery
Axiom: Analytics and logging
Google: OAuth authentication

9.2 Third-Party Terms

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services.

10. Termination

10.1 Termination by You

You may terminate your account at any time by discontinuing use of the Service and canceling any active subscription.

10.2 Termination by Us

We may terminate or suspend your access immediately, without prior notice or liability, for any reason, including:

Violation of these Terms
Fraudulent, abusive, or illegal activity
Non-payment of fees
At our sole discretion

10.3 Effect of Termination

Upon termination:

Your right to use the Service ceases immediately
We may delete your account and data
Provisions that should survive termination will survive (including limitations of liability, indemnification, and dispute resolution)

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to conflict of law principles.

11.2 Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.

11.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.

11.4 Exceptions

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction.

11.5 Venue

For any matters not subject to arbitration, you consent to exclusive jurisdiction and venue in the state and federal courts located in Sheridan County, Wyoming.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

Posting the updated Terms on the Service
Updating the "Last Updated" date
Sending notice to your registered email address

Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Service.

13.2 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

13.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

13.5 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship.

13.6 Notices

Notices to you may be sent to the email address associated with your account. Notices to us should be sent to:

ERC Enterprises, LLC Email: legal@notaryguide.app

13.7 Force Majeure

We shall not be liable for any failure or delay resulting from circumstances beyond our reasonable control.

14. Contact Information

For questions about these Terms, please contact us at:

ERC Enterprises, LLC Email: legal@notaryguide.app Website: https://notaryguide.app

15. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS, TOGETHER WITH THE PRIVACY POLICY, REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND THE COMPANY AND SUPERSEDE ANY PRIOR OR CONTEMPORANEOUS AGREEMENTS, COMMUNICATIONS, AND PROPOSALS, WHETHER ORAL OR WRITTEN, BETWEEN YOU AND THE COMPANY.