817-863-6173
CALL OR TEXT
Terms of Use
Updated on 07/31/2024
Welcome to the Nightly Notary website ("Site"). This Site is owned and operated by Nightly Notary LLC. By accessing or using this Site, you enter into a binding contractual agreement with Nightly Notary LLC.
This agreement includes the Terms & Conditions, Privacy Policy, and any rules for promotions or contests hosted on the Site, collectively referred to as the "Agreement."
Your use of this Site, including visiting, registering for an account, or accessing any services, constitutes your acceptance of this Agreement. Nightly Notary LLC reserves the right to modify the Agreement at any time without prior notice. Modifications will become effective immediately upon the earlier of posting of the modified Agreement on the Site or Notification to you of the modified Agreement. We encourage you to periodically review the Terms & Conditions to stay informed of any changes.
By choosing to do business with Nightly Notary LLC electronically, you consent to the electronic communication and delivery of all documents related to the Site and its services. You agree to (i) Consent to Electronic Communication: You consent to receive all communications, including agreements and notices, electronically via the email address you provide or by posting notices on the Site. (ii) Electronic Signature: Your act of clicking your consent to this Agreement constitutes your binding electronic signature, agreeing to all terms within this Agreement and the Privacy Policy.
By using this Site, you agree to comply with all applicable laws and regulations. You acknowledge that any unauthorized use of the Site's content, services, or systems is prohibited and may result in legal action. If you have any questions regarding this Agreement or any aspect of the Site, please contact us at info@nightlynotary.com
NOTIFICATION OF ARBITRATION CLAUSE AND CLASS ACTION/JURY TRIAL WAIVER
Please carefully read this Agreement to ensure you understand each provision. This Agreement contains a mandatory individual binding arbitration and class action/jury trial waiver provision. By accessing or using the Nightly Notary LLC website ("Site"), you agree to resolve any disputes with Nightly Notary LLC through binding arbitration rather than in court, and you waive your right to participate in class actions or have a jury trial.
Definitions
For the purposes of this Agreement, the following definitions apply: "Agreement" refers to these Terms & Conditions and the Refund Policy;
"Personally Identifiable Information" includes any information that identifies a natural person, such as name, Social Security Number, or other government-issued number, date of birth, address, telephone number, biometric data, and similar information;
"Person" means any natural person, entity organized under the laws of a governmental authority, or unincorporated association or organization, unless otherwise specified;
"Site" encompasses any and all pages of the website you are currently viewing and includes any and all websites on which this Agreement is posted;
"User," "you," or "your" refers to any and all natural persons who visit, create an account with, access, or use this Site in any manner, whether through existing technology or through technology not yet developed, or who request, purchase, subscribe to, access, or otherwise use the goods and services offered on this Site.
​
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. YOU MAY NOT JOIN OR CONSOLIDATE CLAIMS OR PARTIES IN ARBITRATION, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, AND YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO FILE ANY SUCH CLAIM OR PARTICIPATE IN ANY PROCEEDING IN ANY SUCH CAPACITY. YOU FURTHER HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL.
Pricing and Payment Terms
All prices for services provided by Nightly Notary LLC are subject to change without prior notice. The price charged for a service will be the price in effect at the time your service request is submitted. Price increases will only apply to service requests made after the new prices take effect. Nightly Notary LLC reserves the right, at our sole discretion, to refuse service to anyone for any reason.
Payment terms are determined solely by Nightly Notary LLC and, unless otherwise agreed upon in writing, full payment must be received before we accept and process your order. By submitting your payment information, you represent and warrant that: (i) the credit or debit card or bank account information you provide is accurate, complete, and current, (ii) you are authorized to use the specified payment method, (iii) charges incurred by you will be honored by your credit card company or bank, and (iv) you will pay all charges incurred at the rates in effect when the charges are incurred, including any applicable taxes.
Referral Discounts
Nightly Notary LLC offers a referral program in which members can earn a 10% discount on a single transaction by referring a friend to our website. The terms of the referral program are as follows: The referring member must submit a referral form. The referred friend must register on the site, create an account, and complete their first transaction. Upon the successful completion of these steps, both the referring member and the referred friend will receive a 10% discount on their next service. The 10% discount will be applied immediately to the referred friend’s first transaction, and the referring member will receive the 10% discount on their next appointment after the friend completes their initial transaction. Referral discounts cannot be combined with other promotions or offers and are subject to change at the discretion of Nightly Notary LLC.
Guidelines for Reviews
Nightly Notary LLC may accept, reject, or remove reviews at its sole discretion and is not obligated to screen or remove reviews, even if a review is considered objectionable or inaccurate by others. Individuals posting reviews are expected to comply with the following criteria:
Reviewers should have direct, personal experience with the person or entity being reviewed. Reviews must not contain offensive language, profanity, abusive, racist, or hateful language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; or references to illegal activity. Reviewers should not be affiliated with competitors of Nightly Notary LLC if posting negative reviews. Reviewers should refrain from making any conclusions about the legality of the conduct of the person or entity being reviewed. Reviews must not contain false statements, and reviewers should not organize campaigns encouraging others to post positive or negative reviews.
Reviews posted on the Nightly Notary LLC website do not represent the views of Nightly Notary LLC or any affiliate or partner, and Nightly Notary LLC does not endorse the content of any review. Nightly Notary LLC is not liable for any review content or any claims, liabilities, or losses resulting from any review. By posting a review, the reviewer grants Nightly Notary LLC an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content related to the review.
If you post a review on any third-party site, you are prohibited from identifying yourself as a member or representative of Nightly Notary LLC or making any references to Nightly Notary LLC in the review. Violating this provision may result in the termination of your account with Nightly Notary LLC.
Personal Security
You agree to keep your password confidential and not to distribute it or otherwise allow anyone other than you to access your account. Your password is the key to all the information in your account and any communication you make on this Site or over the Internet, whether sent via e-mail, via a form on the Site, or a message board, etc., should be regarded as an insecure communication, unless we explicitly state on a particular web page that you can expect the communication to be secure or encrypted.
Refusal & Termination of Service
Nightly Notary LLC reserves the right to terminate or refuse service to anyone, at any time, for any reason or no reason at all, without prior notice, including, without limitation, for violating any provision of this Agreement.
License to Use the Site
Nightly Notary LLC grants, subject to the terms of this Agreement, a limited, non-transferable, non-sublicensable, non-exclusive license to use the software, content, and documentation which it owns, or of which it is a licensee, for the limited purposes accessing, exploring and using the Site in real time in a manner consistent with the terms of the Agreement.
Intellectual Property Rights in the Site
Unauthorized duplication of this Site, in whole or in part, or of any plans, designs, specifications, data or content made available from the Site (except as expressly authorized herein) is a violation of the Copyright Act of 1976.
Copyrights
Unless otherwise stated, Nightly Notary LLC owns the copyright interests in and to this Site and is the owner or licensee of the content herein, including, but not limited to, all "works" as defined under the Copyright Act of 1976, such as text, graphics, images, video material, audio material, audiovisual material, and other content, regardless of media format, whether currently existing or developed in the future (“Copyright Material”). The Copyright Material is protected by United States and international copyright laws.
You are permitted to display and download portions of the Site solely for your personal, non-commercial use. When using any Copyright Material from the Site, you agree not to alter or remove any proprietary notices or copyright information.
Any other use of the Copyright Material, including but not limited to, reproduction, copying, modification, distribution, sale, lease, transmission, republication, performance, display, or any other commercial use, is strictly prohibited without the prior written consent of Nightly Notary LLC. Unauthorized use of the Copyright Material may violate copyright, trademark, and other laws, and could result in criminal or civil penalties. If you wish to use any of the Copyright Material for any purpose other than as permitted herein, please contact Nightly Notary LLC for permission.
Disclaimer of Warranties
All products, services, materials, information, and other content on this site are provided on an “as is” basis. Nightly Notary LLC makes no representations or warranties of any kind, either express or implied, regarding the operation of the site or the information, materials, content, products, or services contained herein. Nightly Notary LLC expressly disclaims all warranties, including, without limitation, implied warranties of merchantability and fitness for a particular purpose.
Specific Disclaimers
We strive to ensure that all notary products, including stamps, certificates, and related materials, comply with Texas state notary laws. However, we do not guarantee that the information printed on our notary stamps, notarial certificate pads, or any other products listed on our website will comply with your state’s notary laws or any changes in legislation. While Nightly Notary LLC endeavors to provide accurate and timely services, we do not guarantee the uninterrupted or error-free operation of our online or mobile notary services. Users should verify the accuracy of any documents notarized using our services.
The information provided on this website is for informational purposes only and is not intended as legal advice. Nightly Notary LLC does not guarantee the accuracy, completeness, or reliability of any information provided. Users should seek the advice of a licensed attorney for any legal matters or questions related to notarization requirements. This site may contain links to third-party websites or services that are not owned or controlled by Nightly Notary LLC. We assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Limitation of Liability
To the fullest extent permitted by law, Nightly Notary LLC will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products, or services included on or otherwise made available to you through this site, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
Changes to This Disclaimer
Nightly Notary LLC reserves the right to modify this disclaimer at any time. Any changes will be effective immediately upon posting. Continued use of the site following any modifications constitutes acceptance of the revised terms. For questions or concerns about this disclaimer or our services, please contact our support team.
Governing Law, Jurisdiction, & Venue; Arbitration
All uses of the Nightly Notary LLC website ("Site") and all content contained herein, including any disputes arising under or related to this Agreement, shall be governed by and interpreted in accordance with the laws of the State of Texas and the United States of America, without regard to conflicts of laws principles. Any disputes arising under or relating to this Agreement, or your access or use of the Site, shall be submitted to and resolved by binding arbitration conducted in Dallas County, Texas. Any arbitration award may be confirmed exclusively in the courts located in Dallas County, Texas. You irrevocably consent to the exclusive jurisdiction and venue of the courts located in Dallas County, Texas, for the purposes of reviewing, confirming, or relating to any arbitration award, and you expressly waive any jurisdiction or venue objections in any other forum for such purposes.
Arbitration shall be conducted on a confidential basis in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration decision or award shall be in writing and include a detailed explanation of the findings of fact and conclusions of law. This decision or award shall remain confidential and shall not be disclosed except as required by law, such as disclosure to tax advisors for tax return preparation. The arbitration shall include a written record of the arbitration hearing.
General Submissions
Nightly Notary LLC values and encourages feedback. Pursuant to Nightly Notary LLC policy, however, we do not accept or consider creative ideas, suggestions, or materials other than those specifically requested from you by Nightly Notary LLC, if you choose to send any creative submissions to us, whether at Nightly Notary LLC’s request, or despite our request that you do not send submissions to us, then you hereby irrevocably assign and transfer to Nightly Notary LLC any and all rights, throughout the universe, in and to each submission (including the individual elements of each submission), without any compensation therefore, including, without limitation, all domestic and foreign copyrights, trademark rights (and goodwill appurtenant thereto), patent rights, trade secret rights, know-how, and all other intellectual property rights and other rights, whether now existing or hereafter arising. To the extent moral rights may not be assigned or transferred, you hereby irrevocably waive enforcement of any and all moral rights. Nightly Notary LLC shall be entitled to complete unrestricted use of the submissions and all content, data and information contained therein for any purpose, whether commercial or otherwise, without compensation to, or recognition or acknowledgment of, the author(s) or provider(s) of the submissions.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Nightly Notary LLC, subsidiaries, affiliates, successors, and assigns, and each of the foregoing’s past, present and future officers, directors, employees, members, managers, partners, shareholders, owners, associates, joint venturers, contractors, attorneys, insurers, agents and representatives (individually and collectively, the “indemnified parties”), from and against all liabilities, damages, claims, causes of action, costs, attorney’s fees, and all other costs and expenses, in connection with, arising out of, or relating to (i) your actual or alleged breach of this agreement (ii) your actual or alleged negligent, willful or intentional actions or omissions arising out of or relating to your registration, visitation or use of this site. The indemnified parties may, at their sole discretion, choose to participate in the defense or any matter or claim or negotiated settlement. No settlement that may have the potential to affect an indemnified party’s rights in any way shall be entered into without such indemnified party’s prior written approval.
Site Usage Policy
By using this site, you agree to comply with the following terms and conditions. This site is intended for lawful use only. Any activity involving the transmission, storage, routing, or presentation of information, data, or material that violates local, state, or federal laws, or this Site Usage Policy, is strictly prohibited. Prohibited Activities Include the unauthorized reproduction, publication, distribution, or use of copyrighted works, patents, trademarks, trade secrets, or other intellectual property. Sharing or disseminating research, development plans, materials, or data restricted by U.S. Export Control Regulations. Distributing content that is harmful, harassing, fraudulent, abusive, or violates the rights of others. Using this site to conduct or solicit illegal activities, including harassment, fraud, stalking, or abuse. Engaging in any conduct that violates applicable local, state, or federal laws. Nightly Notary LLC reserves the right to monitor and review all activities on this site. Any violation of this policy may result in legal action and/or the termination of access to our services. We are committed to maintaining a safe and respectful environment for all users.
Contact Us
To resolve any complaints against the Nightly Notary LLC Services or to receive further information regarding use of the Nightly Notary LLC Services, please contact Nightly Notary LLC as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a Texas resident, you can contact the Texas Secretary of State at notarycomplaints@sos.texas.gov or the Complaint can also be mailed to Notary Complaints Unit, P.O. Box 13375, Austin, TX 78711-3375
Nightly Notary LLC Contact Details:
Phone: 817-863-6173
Email: info@nightlynotary.com
Mail: 5760 Legacy Dr Ste B3-437 Plano TX 75024