Terms of Service
1. Introduction
The Terms of Service set forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by the Terms of Service, any additional posted guidelines or rules applicable to specific services and features, and our Privacy Policy (together, the 'Agreement'). If you are accepting the Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to the terms set forth herein. If you do not have such authority or do not agree to be bound by the Terms of Service, you may not access or use the Services. You must agree to the Terms of Service and Privacy Policy when you create a wallet via the app, perform a transaction via the app, and/or otherwise use the Services.
THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. PLEASE NOTE THAT SECTION 9 OF THE TERMS OF SERVICE INCLUDES AN ARBITRATION AGREEMENT. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT CLAUSE, YOU AND NOTARIZED AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ARBITRATION.
Notarized may, in its sole discretion, modify or revise the Terms of Service at any time, and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to the Terms of Service, you should periodically review the most up-to-date version. Your continued use of the Services constitutes your acceptance of such changes.
2. Services Eligibility and Information
2.1 Services Eligibility
The Services are offered and available to users who are 18 years of age or older. Any registration by, use of or access to the Services by anyone under 18 is unauthorized and in violation of these Terms of Service. By using the Services, you represent and warrant that you are 18 years of age or older and that you agree to abide by the Terms of Service.
2.2 Services Information and Limitations
The app is a free, client-side interface that allows you to interact directly with the blockchain, while remaining in full control of your keys and funds.
When you access certain features of the Services, you will be able to create a wallet and/or access a wallet to perform a variety of transactions. You will receive a key and set up a password, but you do not and will not create an account with Notarized. You also will not give us any of your funds, and your tokens and coins are not on Notarized. All funds are on the blockchain itself, and we do not control them. No data leaves your device, except should you choose to utilize Apple's iCloud, in which case the data will be synced to your iCloud account. Notarized does not collect or hold your keys or information, and Notarized cannot access accounts; recover keys, passwords, or other information; reset passwords; or reverse transactions. You are solely responsible for your use of the Services, including without limitation for storing , backing-up, and maintaining the confidentiality of your keys, passwords, and information , and for the security of any transactions you perform using the Site. You expressly relieve and release Notarized from any and all liability and/or loss arising from your use of the Services.
3. Rights and Restrictions
3.1 Our Proprietary Rights
Our Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, including in any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Services will be the sole and exclusive property of Notarized, and you hereby irrevocably assign to us all of your right, title and interest in and to the foregoing. Notarized reserves the right to discontinue any aspect of the app at any time.
3.2 Restrictions
You agree not to (a) interfere with, damage, impair or disable the operation of the Services, by any means (whether through automated means or otherwise), including the uploading or spreading of viruses, worms, spyware, adware or other malicious code; (b) use any robot, spider, scraper or other automated means to access the Services for any purpose without our express consent or omit our robot exclusion headers or similar measures; (c) remove, circumvent, disable, damage, or otherwise interfere with the security-related features of the Services, features that prevent or restrict the use or copying of any part of the Services, or features that impose limitations on services; (d) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise excessively demanding the traffic of the Service; (e) use the Services for any illegal or unauthorized purpose nor you, in the use of the Service, may violate the laws of your jurisdiction (including, but not limited to, intellectual property laws); or (f) use, including as part of trademarks and / or as part of domain names, in connection with any product or service in any way that may cause confusion and may not be copied, imitated or used, in its entirety or in part, without Notarized's prior written permission.
4. Privacy
The app does not collect or store any personal information.
5. Third Party Content and Services
The app may contain links and/or access to third-party websites, applications (together, 'Third-party Sites'), and/or Application Programming Interfaces ('APIs') that are not owned or controlled by Notarized. Access to and use of any Third-party Sites or APIs is at your own risk and we are not responsible for (a) the accuracy or reliability of information on Third-party Sites or APIs; (b) the acts or omissions of the operators of Third-party Sites or APIs (or their partners or affiliates); (c) any loss or damage incurred in connection with the use of any Third-party Sites or APIs, or (d) any transaction you consummate in connection with your use or access of any Third-party Sites or APIs. We encourage you to be aware when you leave the Site and/or access third-party APIs, and to read the terms and privacy policy of each other Third-party Site that you visit or API that you access. We provide such links and access merely as a convenience, and the inclusion of such links or access does not imply an endorsement. Upon leaving the app and/or when using third-party APIs, these Terms of Service shall no longer govern. By using the app, you expressly relieve and release Notarized from any and all liability arising from your use of any Third-party Sites or APIs.
Notarized uses Infura's gateway service to interact with the Ethereum blockchain and you expressly relieve and release Notarized from any and all liability arising from the inconsistencies, interruptions, failures, or any form of interference in uploading data to the smart contract, retrieving data from the smart contract, and sending or receiving Ethereum tokens, Ethers, or any ERC20 tokens caused by Infura.
6. Disclaimers and Limitations on Liability
YOUR USE OF THE APP, ITS CONTENT AND ANY SERVICES OFFERED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT AND ANY SERVICES OFFERED THROUGH THE APP ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NOTARIZED NOR ANY PERSON OR ENTITY ASSOCIATED WITH NOTARIZED MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER NOTARIZED NOR ANY PERSON OR ENTITY ASSOCIATED WITH NOTARIZED REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT OR ANY SERVICES OFFERED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APP OR ANY SERVICES OFFERED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
NOTARIZED HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT WILL NOTARIZED, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER WEBSITES, OR ANY SERVICES OFFERED THROUGH THE APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
The limitations and disclaimers in this section do not purport to limit liability or alter your rights beyond what is permitted by applicable law. Notarized's liability shall be limited to the extent permitted by law.
We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Similarly, the Site has been translated into a variety of languages. However, Notarized can only verify the validity and accuracy of the information provided in English and, because of this, the English version of the Site is the official text.
7. Indemnity
You agree to defend, indemnify and hold harmless Notarized, its officers, directors, employees, the developers, the creators, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from your use of and access to the Services, or your violation of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
8. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Notarized without restriction.
9. Arbitration Agreement; Class Waiver; Jury Waiver
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY BECAUSE IT REQUIRES YOU AND NOTARIZED TO AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, UNLESS OTHERWISE NOTED.
9.1 Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement, including the Terms of Service, that cannot be resolved informally or in small claims court shall be resolved, to the extent permitted by applicable law, by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Notarized, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms of Service.
9.2 Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ('Notice') describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Notarized should be sent to: thehundredapp@gmail.com. After the Notice is received, you and Notarized may attempt to resolve the claim or dispute informally. If you and Notarized do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
9.3 Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association ('AAA'), an established alternative dispute resolution provider ('ADR Provider') that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms of Service. The AAA Consumer Arbitration Rules ('Arbitration Rules') governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in the state of Delaware, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
9.4 Additional Rules for Non-Appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.
9.5 Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Notarized, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms of Service. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Notarized.
9.6 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, excluding claims for injunctive or other equitable relief as set forth below. Arbitration procedures are typically more limited, more efficient, and less costly than court proceedings and are subject to very limited review by a court. If any litigation should arise between you and Notarized in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND NOTARIZED WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
9.7 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
9.8 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect.
9.9 Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
9.10 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Notarized.
9.11 Small Claims Court. Notwithstanding the foregoing, either you or Notarized may bring an individual action in small claims court.
9.12 Equitable Relief. Notwithstanding the foregoing, either party may seek equitable relief before a court of competent jurisdiction for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents or emergency equitable relief before a court of competent jurisdiction to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
10. Governing Law, Venue, and Jurisdiction
To the extent the parties are permitted under these Terms of Service to initiate litigation in court, both you and Notarized agree that all claims and disputes, including statutory claims and disputes, arising out of or relating to the Agreement, including the Terms of Service, shall be governed in all respects by the substantive law of the state of Delaware, without regard to its conflict of law principles. You and Notarized hereby consent to submit to the jurisdiction of the federal and state courts sitting in the state of Delaware for any actions, suits, or proceedings arising out of or relating to the Agreement, including the Terms of Service, that are not subject to the Arbitration Agreement.
YOU AND NOTARIZED AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED TO THE EXTENT PERMITTED BY LAW.
11. Entire Agreement
The Terms of Service, Privacy Policy, any other legal notices published by Notarized on the Site shall constitute the entire agreement between you and Notarized concerning the Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Notarized's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Notarized mentioned in this agreement refers to the app itself as well as the creator of the app Notarized.
Contact information
We welcome your comments or questions about these Terms of Service. You may contact us at thehundredapp@gmail.com