Terms of Service
Last Updated: October 2, 2025
Acceptance of Terms
By clicking "I accept," completing registration, or browsing the Website, you represent that: (1) you have read and agree to these TERMS, (2) you are of legal age to form binding contracts, and (3) you have authority to enter into the TERMS personally or on behalf of your entity.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST CEASE USING THE SERVICES AT ONCE.
Important Notice About Dispute Resolution
"THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS" to resolve disputes relating to your service use. You are waiving your right to seek relief in court.
Disputes are governed by Florida law, consistent with the Federal Arbitration Act, without applying another jurisdiction's laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Modifications to Terms
These TERMS are subject to revision. New versions will be posted at www.signingorder.com/tos with an updated "Last Updated" date. You are responsible for reviewing changes regularly. For existing users, changes become effective seven calendar days after posting. New users must accept terms immediately. Continued use indicates your acceptance of modifications.
1. Age Limitation
The Services are not intended for individuals under 18. "IF YOU ARE UNDER 18, YOU MAY NOT USE THE SERVICES."
2. Services
SigningOrder provides an online platform and notary database connecting:
- Borrowers and title/escrow companies closing loans
- Companies seeking notary services
- Notary signing agents offering services
- Other parties (real estate agents, banks) monitoring signings
What SigningOrder Enables
For Companies:
- Upload documents for borrower signatures
- Browse, find, and select qualified notaries
- Create Signing Requests for Notary Assignments
- Monitor borrower signing processes
- Manage assignments and provide feedback
- Grant permissions to borrowers and participants
For Notaries:
- Advertise notary signing services
- Receive documents to sign
- Manage orders from companies
Limited Access
Borrowers and Participants have restricted access, available only if invited by their Company.
Borrowers may:
- View, modify dates/times, accept, or reject notary meetings
- Comment on meetings
- Provide feedback when requested
Participants may:
- Only view and track document signing for their Signing Request
Company Responsibilities
As a Company, you represent and warrant that: "(i) the Signing Requests you submit are true and accurate" and you will pay agreed-upon prices for Notary Assignments. You are solely responsible for accuracy and completeness of Signing Requests and uploaded documents. SigningOrder has no obligation to ensure notary availability and may remove requests without notice.
Notary Responsibilities
By participating as a Notary, you represent, warrant, and covenant that:
- Information you submit is "true and accurate"
- You will perform assignments per applicable laws and company instructions
- You maintain required certifications, licenses, and legal requirements
- You have valid workers compensation and professional liability insurance
- You provide services without undisclosed restrictions
- You will not solicit companies to pay outside the Services or circumvent SigningOrder fees
- You use borrower and company information only to provide services to that company and borrower
- You are solely responsible for accuracy of your service postings and invoices
You acknowledge that "SigningOrder may publish feedback and recommendations of Notaries by Companies and Borrowers ('Notary Feedback'), which may include reviews of you" without necessarily allowing you to view the feedback first.
Disclaimer Regarding Notaries
"SigningOrder makes no representation to Borrowers or to Companies, whether through Notary Feedback or otherwise, regarding Notaries, including that such Notaries are qualified" to perform assignments. Inclusion on the notary list does not constitute endorsement or approval by SigningOrder. The list may not be complete for any particular area.
Each notary's profile contains self-reported information and qualifications. Notary Feedback is based on aggregate feedback and may assist your decision, but you are solely responsible for selecting a notary. The Company-Notary relationship is direct. SigningOrder has no liability in assignment performance.
SigningOrder as Only a Venue
"SigningOrder does not control the quality, safety, or legality of any aspect of the Notary Assignment, the ability of Notaries to provide the notary signing services, or the ability of Companies to pay Notaries."
Company-Borrower and Notary relationships are governed by TERMS provisions. Companies provide covenants and warranties to notaries. Notaries provide covenants and warranties to companies and borrowers. These parties acknowledge being third-party beneficiaries of Sections 2.2 and 2.3 only.
E-Signing Documents
SigningOrder provides electronic signature solutions for U.S. notarized contracts. The platform complies with the U.S. Electronic Signatures in Global and National Commerce Act of 2000 (ESIGN) and Uniform Electronic Transactions Act (UETA), which should make electronic signatures legally binding.
By using the E-Sign Solution, you agree to conduct business using electronic communications, records, and signatures rather than paper documents. You acknowledge that "legislation such as ESIGN and UETA have provided electronic signatures the legal equivalence of handwritten signatures on paper" and should make e-signatures legally binding in the United States and analogous jurisdictions.
However, SigningOrder makes no warranties or guarantees about ESIGN and UETA enforceability. You must read and understand documents before electronically signing. Per ESIGN, you are not required to use this solution if you prefer not to.
Signature Verification
Signature verification uses your personal information, including account details, login credentials, email verification, IP address capture, and group passwords. Any electronic signature user must have an Account. SigningOrder uses commercially reasonable standards to ensure information security but does not guarantee user identity and makes no warranties about identity verification.
Audit Trails
You acknowledge that "SigningOrder may create an audit trail on your transactions to provide you with a transactions history." The platform tracks and timestamps information from document upload through borrower signature. You acknowledge audit trails may not be admissible in court and SigningOrder does not warrant their legal binding nature.
Necessary Equipment
You must provide all equipment and software to connect to the Services, including a suitable computer. You are solely responsible for associated fees, including internet connection or mobile charges.
3. Disclaimers; Release
Compliance with Laws
Notaries are solely responsible for compliance with all applicable laws, rules, regulations, and local ordinances, including necessary permits, certifications, insurance, surety bonds, taxes, and other payments applicable to notary services.
Limited Identity Verification
You authorize SigningOrder, directly or through third parties, to make inquiries necessary to verify your identity or prevent fraud, including with payments. This may include requesting government identification, date of birth, email ownership confirmation, or screening against third-party databases.
You acknowledge that "SigningOrder is not required to confirm or attempt to confirm any particular users purported identity, and does not warrant that our efforts will be successful." SigningOrder does not endorse persons or entities using the Services. You are finally responsible for determining identity and suitability of others you contact. Exercise caution in all interactions and consider third-party verification services.
If you are a Notary, you further authorize SigningOrder to verify your insurance coverage, notary certification, background check proof, and surety bond proof (if required by your jurisdiction). You acknowledge that SigningOrder "uses commercially reasonable efforts governed by our then existing internal policies to verify Notaries."
Release
"SigningOrder makes no warranties regarding users or the Services the content made available through the Services, or the interactions (if any) between the users within or outside of the Services, and each of the foregoing is provided by us 'as is.'"
Your interactions with other users are solely between you and that user. SigningOrder is not responsible for losses or damages from interactions. Companies should conduct their own investigation before hiring notaries. If disputes arise with other users, SigningOrder has no obligation to become involved but reserves that right.
To the extent permitted by law, you "hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and release, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action" arising from:
- Incorrect or inaccurate content posted or uploaded
- Conduct of any Company, Notary, Borrower, or Participant
- Injury, loss, or damage caused by other users, Signing Requests, Notary Assignments, or posted content
- Service errors, omissions, interruptions, deletions, defects, delays, communications failures, theft, destruction, or unauthorized alterations
This release does not apply to claims for SigningOrder's "unconscionable commercial practice" or "fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services."
4. Access to the Services
Subject to these TERMS, SigningOrder grants you "a limited, non-transferable, non-sub-licensable, non-exclusive license to use the Services" on devices under your control, solely as described herein. The Services cannot be used for other purposes without prior written consent. You may not use the Services if you do not own or are not an approved administrator of your device.
5. User Generated Content; Acceptable Use Policy
User Generated Content Definition
"User Generated Content" means information and content you submit to or use with the Services, including Signing Requests, Notary Assignments, service information, documents, statements, invoices, messages, and calls.
You are solely responsible for your User Generated Content. You assume all risks associated with its use, including reliance on its accuracy, completeness, usefulness, and any disclosures making you or third parties identifiable. You represent and warrant that your User Generated Content does not violate the Acceptable Use Policy.
You may not state or imply that your User Generated Content is provided, sponsored, or endorsed by SigningOrder. Because you alone are responsible, you may expose yourself to liability if content violates the Acceptable Use Policy. SigningOrder is not obligated to backup User Generated Content, which may be deleted anytime. You are solely responsible for creating backup copies. SigningOrder has no responsibility for deletion, accuracy, storage failure, transmission failure, or security of User Generated Content.
Third Party Consent to Share Information
"YOU REPRESENT, WARRANT, AND CONVENANT TO ONLY PROVIDE INFORMATION TO THE SERVICES THAT YOU ARE ALLOWED TO PROVIDE WITHOUT VIOLATING ANY OBLIGATIONS YOU MIGHT HAVE TOWARDS A THIRD PARTY." Do not provide information you are not allowed to share by contract or law.
If you are a Company, you represent, warrant, and covenant that you have obtained from each borrower "all consents required to share such Borrower Information with SigningOrder" and for SigningOrder to use and disclose such information per the Privacy Policy.
Rights and Sharing User Generated Content
By making User Generated Content available on the Services, you represent that you own or have all necessary rights to make it available. When you submit certain User Generated Content, you acknowledge it may be shared with other users per the TERMS.
Acceptable Use Policy
As a condition of use, you agree not to use the Services for purposes prohibited by the TERMS or applicable law. You will not take actions or make available User Generated Content that:
- Violates third-party rights, including copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights, intellectual property rights, or proprietary rights
- Is unlawful, threatening, abusive, harassing, harmful, defamatory, deceptive, fraudulent, false, misleading, pornographic, invasive of privacy, tortious, obscene, patently offensive, vulgar, profane, or objectionable; harmful to minors; creating risk of harm or injury; or constituting crime or tort
- Contains information that is not correct and current
- Violates laws or obligations imposed by third parties
- Constitutes unauthorized or unsolicited advertising, junk mail, spam, chain letters, pyramid schemes, or duplicative or unsolicited messages
- Involves commercial activities or sales without prior written consent
- Impersonates any person or entity, including SigningOrder employees, or falsifies credentials or affiliations
- Interferes with proper Services functioning or uses Services in unapproved ways
- Bypasses access prevention measures, including registering with fraudulent email addresses
- Harasses or interferes with another user's Services use and enjoyment
- Harvests, collects, or assembles user information or email addresses without consent
- Displays, mirrors, or frames the Services
- Attempts harmful acts directed at the Services, including violating security features, scraping, uploading invalid data, introducing viruses, interfering with servers, or attempting unauthorized access
- Violates additional usage requirements in Section 9 regarding payment services
No Obligation to Pre-Screen Content
The Services may contain User Generated Content from other users or third parties. SigningOrder has "no obligation to pre-screen User Generated Content, although SigningOrder reserves the right in its sole discretion to pre-screen, refuse, or remove any User Generated Content at any time for any reason."
Investigations
SigningOrder may, but is not obligated to, monitor or review the Services, investigate, and take appropriate action against you at SigningOrder's sole discretion (including removing or modifying User Generated Content, terminating your Account, or reporting you to law enforcement) if you violate these TERMS, applicable law, or create liability.
6. Using the Services
Registration
To use the Services, you may need to register for an Account. Registration requires providing certain information as prompted. You acknowledge providing varying information depending on whether you log in as a Notary, Company, Borrower, or Participant.
You represent and warrant that: "(i) all required registration information you submit is truthful and accurate" and you will maintain accuracy. You may deactivate your Account anytime by following Website instructions. You are responsible for maintaining Account login confidentiality and are fully responsible for all activities under your Account, including payment authorizations.
Immediately notify SigningOrder of unauthorized use or suspected unauthorized use or security breaches. SigningOrder cannot and will not be liable for losses from your failure to comply. You agree not to create an Account if previously removed or banned. SigningOrder reserves the right to suspend or terminate your Account and refuse Services access at any time for any reason.
User Restrictions
Rights granted are subject to these restrictions: you shall not:
- Permit third parties to use the Services (unless you are a Company or Borrower permitting a Friend)
- Circumvent, disable, or interfere with security-related features
- Modify, create derivative works, reverse engineer, decompile, or disassemble the Services except as permitted by law
- Remove, deface, obscure, or alter Services, third-party copyrights, trademarks, or proprietary rights notices
- Use the Services for benchmarking or developing competing software
- Use the Services to promote fraudulent, obscene, illegal, or inappropriate activities
- Use robots, spiders, automated devices, or manual processes to monitor or scrape information
- Otherwise use the Services in unlawful manner or breach of these TERMS
- Share User Generated Content (other than your own) outside the Services without applicable user permission
Disclaimer
SigningOrder makes "no representation or warranties that the Services are appropriate for use in locations other than the United States" or that Services will be available in any particular location or at specific times. SigningOrder may change, modify, suspend, or discontinue any Services aspect anytime without notice.
Updates
SigningOrder may update Services periodically, but has "no obligation to do so or to provide technical support or maintenance." Updates designed to improve, enhance, or fix bugs will be done automatically without notice. By accepting these TERMS, you agree to such updates.
If SigningOrder modifies these TERMS, it will post modifications on the Site or provide notice. By continuing to use Services after modification notice, you indicate agreement to modified TERMS. If modified TERMS are unacceptable, cease using the Services.
Compliance and Risk
Your Services access and use is at your own risk and responsibility, and you shall comply with all applicable laws, rules, and regulations. You may have access to materials hosted by another party. You acknowledge SigningOrder cannot monitor such materials and you access them at your own risk.
7. Intellectual Property Rights
SigningOrder Ownership
Services features, design, and content, including text, documents, products, software, scripts, graphics, services, trademarks, service marks, and logos ("Content and Marks") are owned by SigningOrder or licensed from third parties. Content and Marks are protected under United States and foreign copyright and intellectual property laws and treaties. Content and Marks are provided to you "AS IS" for your information and personal use only, subject to these TERMS.
You agree not to use, copy, or distribute the Services or parts thereof except as expressly permitted, or to interfere with security-related features. Nothing in these TERMS constitutes waiver of SigningOrder intellectual property rights.
User Ownership
Each user owns its own User Generated Content.
License to SigningOrder
You hereby grant, and represent and warrant that you have the right to grant, to SigningOrder "an irrevocable, perpetual, nonexclusive, royalty-free, and fully paid, worldwide license" to license, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works, incorporate into other works, and otherwise use your User Generated Content, and grant sublicenses, solely for including your User Generated Content in the Services and operating and providing the Website and Services.
You irrevocably waive any claims and assertions of moral rights or attribution regarding your User Generated Content.
User Feedback
Submission of any ideas, suggestions, and proposals ("Feedback") is at your own risk and SigningOrder has no confidentiality obligations regarding Feedback. You represent and warrant you have all rights necessary to submit Feedback. You hereby grant SigningOrder "a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner" any and all Feedback.
Feedback will be treated as non-confidential and non-proprietary. Do not submit information you consider confidential or proprietary. If you are a Notary, you acknowledge that feedback about you may not be accessible, viewable, editable by you, and may be visible to other users without your knowledge or consent.
Copyright Infringement Claim
SigningOrder policy respects legitimate copyright and intellectual property owner rights and has adopted procedures for removing infringing materials and terminating repeat infringers.
If you believe content on the Services unlawfully infringes your copyrights, send written notification to SigningOrder's Copyright Agent per 17 U.S.C. 512(c), including:
- Physical or electronic signature of copyright owner or authorized representative
- Identification of copyrighted work claimed infringed
- Description of nature and exact location of infringing content with sufficient detail for location and identification
- Your name, address, telephone number, and email address
- Statement of good faith belief that material use is not authorized by copyright owner, agent, or law
- Statement that complaint information is accurate and you are copyright owner or authorized representative
SigningOrder designated Copyright Agent: [email protected]
Note that per 17 U.S.C. 512(f), any material fact misrepresentation in written notification subjects the complaining party to liability for damages, costs, and attorneys fees incurred by SigningOrder in connection with the notification and copyright infringement allegation.
8. Privacy
SigningOrder's Privacy Policy at https://www.SigningOrder.com/privacy describes practices regarding your personal information.
9. Fees and Financial Terms
Types of Fees
Upon Notary Assignment completion, the Company making the Signing Request will be charged: (1) a Notary Fee exchanging for that notary's Notary Assignment performance ("Notary Fee"); and (2) "a fee for use of the Services ('SigningOrder Fee')." Collectively, these are the "Fees." All Fees listed are in US dollars unless otherwise specified. Companies are responsible for paying Fees once the Company or Notary marks the Notary Assignment complete. Fees are charged per transaction basis.
Company Financial Terms
These terms apply only to Company users. "For purposes of this Section 9.2, 'you' refers only to users that are Companies."
Payment Methods
When creating an Account, you must provide valid credit card information (Visa, Mastercard, or other accepted issuers) or automated clearing house account information ("Payment Provider" and "Payment Provider Account"). SigningOrder may waive this requirement, permitting payment via commercial check, cashier's check, or mutually agreed formats.
Your Payment Provider agreement governs Payment Provider Account use. By providing Payment Provider Account information, you agree SigningOrder is authorized to immediately charge your account for all charges due and payable in connection with your Account, with no additional notice or consent required.
Amount of Fees
When creating your Account, you and SigningOrder will agree upon the SigningOrder Fee. Notary Fees vary depending on the Notary Assignment (e.g., refinancing versus new loan) and are at your discretion. SigningOrder Fees may vary between companies. After logging in and creating a Signing Request, the Services will display the Notary Fee owed.
Payment Options
SigningOrder offers two payment options. Under the first option ("Classical Invoice"), you must pay each Notary Fee directly to each notary outside the Services, and your Payment Provider Account will be automatically charged monthly for the SigningOrder Fees owed that month.
Under the second option ("VendorPay"), SigningOrder will charge your Payment Provider Account for Fees bi-monthly and will pay each notary on your behalf. Upon your Notary Fee payment to SigningOrder, your payment obligation for that assignment is extinguished, and SigningOrder is responsible for remitting Notary Fees to the notary as described in these TERMS.
Payment Changes
You agree to immediately notify SigningOrder of any Payment Provider Account changes, including billing address. SigningOrder reserves the right to change prices and billing methods anytime, either immediately or upon Services posting or email delivery.
Notary Financial Terms
Limited Agent
Subject to these TERMS, each Notary appoints SigningOrder as its limited agent solely for accepting and collecting Notary Fees from VendorPay-choosing companies. You acknowledge that company payments to SigningOrder via VendorPay are considered direct payments to you. You agree to indemnify SigningOrder if a company triggers a Notary Fee chargeback.
Disclaimer
If SigningOrder is unable to collect Fees, it will inform you in writing. However, SigningOrder has "no obligation to impose collection procedures on Companies and does not guarantee payment from Companies."
Taxes
Tax regulations may require SigningOrder to collect tax information or withhold taxes from your payouts. For example, IRS regulations require SigningOrder to collect IRS Form W-9 from certain U.S. notaries. You are solely responsible for keeping tax form information current, complete, and accurate.
Third Party Payment Processor
In connection with Services use, you will provide billing information (name, billing address, Payment Provider Account) to SigningOrder or third-party payment processor Stripe. You hereby authorize SigningOrder and Stripe to store your Payment Provider Account and charge it as outlined.
By paying or receiving funds via the Services, you agree to be bound by "Stripes US Terms of Service available at https://stripe.com/us/terms and Privacy Policy available at https://stripe.com/us/privacy."
"Stripe may impose its own additional charges for the use of their services, including by deducting their charges from the Notary Fees."
"YOU ACKNOWLEDGE AND AGREE THAT SIGNINGORDER IS NOT LIABLE, YOU AGREE NOT TO SEEK TO HOLD SIGNINGORDER LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING THOSE THAT YOU OR WE UTILIZE IN CONNECTION WITH THE SERVICES (SUCH AS STRIPE), AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU."
Refunds
SigningOrder has "no obligation to provide refunds or credits, but may grant them in extenuating circumstances, for instance to correct any errors made by SigningOrder," in each case at SigningOrder sole discretion.
10. Disclaimer of Warranties
"YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE."
SigningOrder does not warrant that the Services will operate error-free or are free of viruses or harmful code. SigningOrder does not warrant or make representations regarding "any Services provided by a Notary, any failure to provide such Services, or the Conduct of any Notary with whom you interact," and these are at your own risk.
"YOU ACKNOWLEDGE THAT SIGNINGORDER IS NOT ABLE TO CONTROL OR SUPERVISE YOUR INTERACTION OR TRANSACTIONS WITH OTHER USERS OF THE SERVICE" and you are solely responsible for such interactions or transactions.
"SigningOrder explicitly disclaims all liability for any Act or Omission of any User or other Third Party."
11. Limitation of Liability
"YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF THE USE OF OUR SERVICES, INCLUDING OUR PROVISION OF PAYMENT SERVICES TO YOU HEREUNDER, REMAINS WITH YOU."
If you permit or authorize another person to use your SigningOrder Account in any way, you are responsible for that person's actions. Neither SigningOrder nor any other party providing Services will be liable for incidental, special, exemplary, or consequential damages, including lost profits, data loss, goodwill loss, service interruption, computer damage, system failure, or substitute product or service costs.
Except for SigningOrder payment obligations to notaries per TERMS payment provisions, SigningOrder aggregate liability "shall be limited to the Amounts You have Paid or Owe for Services Via the SigningOrder Platform as a Company (Or Borrower) in the Six (6) Month Period Prior to the Event Giving Rise to the Liability, or if You are a Notary, the Amounts Paid by SigningOrder to You in the Six (6) Month Period Prior to the Event Giving Rise to the Liability, or One Hundred U.S. Dollars ($100), if No Such Payments Have Been Made, as Applicable."
12. Indemnification
You agree to defend, indemnify, and hold harmless SigningOrder and respective suppliers, licensors, officers, directors, employees, and agents from losses, costs, liabilities, and expenses (including reasonable attorneys fees) relating to or arising from: "(i) your use of the Service; and (ii) your breach of these TERMS and/or applicable law."
SigningOrder reserves the right, at your expense, to assume exclusive defense and control of any matter requiring your indemnification. You agree not to settle any matter without prior SigningOrder written consent.
13. Term and Termination
Term
These TERMS shall become effective on your first registration, access, or Services use date. These TERMS shall continue in full effect until terminated as set forth herein.
Termination
You may terminate your relationship with SigningOrder anytime by unregistering your Account or discontinuing Services use. SigningOrder may suspend or terminate your Services use rights anytime for any reason at SigningOrder sole discretion, including for any TERMS violation.
Effect of Termination
Upon TERMS termination: "(i) the license granted to you hereunder will automatically expire; (ii) your Account and right to access and use the Services will terminate immediately you will cease any and all use of the Services." You understand that any Account termination may involve deletion of any associated data from live databases.
14. Third Party Software and Licenses
Services portions may include third-party software ("Third Party Software") subject to various "open source" or commercial licenses. Third Party Software is subject to third-party licensor-imposed terms and conditions ("Third Party Terms"). You agree your Third Party Software use is subject to and governed by related Third Party Terms.
To the extent of any Third Party Terms and these TERMS conflict, Third Party Terms shall prevail regarding related Third Party Software. Notwithstanding anything herein, SigningOrder makes no warranty regarding Third Party Software.
15. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
Please read this Section 15 ("Arbitration Agreement") carefully. It is part of your contract with SigningOrder and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement
"You acknowledge and agree that any dispute or claim relating in any way to these TERMS, your use of the Services, or to any products or services sold or distributed by SigningOrder, will be resolved by binding arbitration, rather than in court," except that you may assert small claims court claims if they qualify.
You agree not to bring any class action claims in small claims court. The Federal Arbitration Act and federal arbitration law apply to this Agreement.
Waiver of Jury Trial
There is no judge or jury in arbitration, and court review of arbitration awards is limited. However, an arbitrator can award the same individual damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these TERMS as a court would.
Commencement of Arbitration Proceeding
To begin arbitration, send a letter requesting arbitration and describing your claim to SigningOrder at [email protected]. JAMS, an established alternative dispute resolution provider, will conduct arbitration.
Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys fees and interest, shall be subject to JAMS's current Streamlined Arbitration Rules and Procedures at https://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS's current Comprehensive Arbitration Rules and Procedures at https://www.jamsadr.com/rules-comprehensive-arbitration/.
JAMS rules are available at www.jamsadr.com or by calling 800-352-5267. If JAMS is unavailable to arbitrate, the parties will select an alternative arbitral forum.
If the arbitrator finds that you cannot afford JAMS filing, administrative, hearing, and/or other fees and cannot obtain a JAMS waiver, SigningOrder will pay them for you. SigningOrder will reimburse all such JAMS filing, administrative, hearing, and/or other fees for claims totaling less than $10,000 unless the arbitrator determines claims are frivolous.
You may choose telephone, written submission, or in-person arbitration in your country or another mutually agreed location. Any judgment on the arbitrator-rendered award may be entered in any competent jurisdiction court.
No Class Actions
"We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action." If any reason causes a claim to proceed in court rather than arbitration, "we each waive any right to a jury trial."
Both parties also agree that you or SigningOrder may bring suit in court to enjoin intellectual property rights infringement or other misuse.
Thirty-Day Right to Opt Out
You have the right to opt out of this Arbitration Agreement provisions by sending written opt-out notice to the address listed in Section 20 within thirty days after first becoming subject to this Arbitration Agreement. Your notice must include your name, address, email address used for Account setup, and an unequivocal opt-out statement.
If you opt out, all other TOS Agreement parts will continue applying. Opting out has no effect on any other arbitration agreements you may currently have or enter with SigningOrder.
Survival
This Arbitration Agreement will survive your SigningOrder relationship termination.
Emergency Equitable Relief
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court to maintain the status quo pending arbitration. Interim measure requests shall not constitute waiver of any other Arbitration Agreement rights or obligations.
Courts
In any circumstances permitting parties to litigate in court, the parties hereby agree to submit to personal jurisdiction and exclusive venue of Hillsborough County, Florida state courts and federal courts located in the Middle District of Florida for such purposes.
16. Export Controls
The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries, and you will comply therewith. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from SigningOrder or any products utilizing such data, in violation of United States export laws or regulations.
You will defend, indemnify, and hold harmless SigningOrder from and against any violation of such laws by you or any of your agents, officers, directors, or employees.
17. Disclosures
SigningOrder is located at the address below. You may report complaints at: https://www.stateofflorida.com/consumer-complaints/
18. Electronic Communications
Communications between you and SigningOrder use electronic means, whether you use the Services or send emails, or whether SigningOrder posts Services notices or communicates via email.
For contractual purposes, you: "(a) consent to receive communications, including notifications, from SigningOrder in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SigningOrder provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing."
The foregoing does not affect your non-waivable rights.
19. Miscellaneous
These TERMS constitute the entire understanding between the parties regarding matters referred to herein. If any TERMS provision is held unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect enforceability under other circumstances or of remaining provisions. "Including" means "including without limitation" herein.
SigningOrder right or action enforcement failure in any breach event shall not constitute waiver of such rights or subsequent future breach actions. These TERMS and any right granted herein may not be assigned by you without prior SigningOrder written consent. TERMS terms and conditions shall inure to benefit and bind permitted assignees.
20. Questions or Concerns
If you have any questions or concerns regarding these TERMS, please contact us at:
Email: [email protected]
Mailing Address: 3433 Lithia Pinecrest Rd, Suite 354, Valrico, FL 33596