Terms of Use

Effective: July 18, 2008


Please read the following Terms of Use relating to your access and use of THIS WEBSITE carefully

IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MUST IMMEDIATELY LOG OFF OF THE WEBSITE


1. Scope of These Terms of Use

These Terms of Use apply to your use of the Public side of the Notary.org website owned and operated by Pennsylvania Association of Notaries (PAN), referred to herein as "this Site". These Terms of Use do not apply to your use of unaffiliated websites of any other companies, organizations or individuals or to which this Site links, ("Other Sites").

2. Acceptance of These Terms of Use

By using this Site, you agree to be bound to these Terms of Use. PAN, its subsidiaries, members, Agents, business affiliates and suppliers ("we" "us" or "our") make the information and services provided on this Site available to you, conditioned on your acceptance without modification of these terms, conditions and notices. We reserve the right to modify them at any time. You should check these Terms of Use periodically for changes. By using this Site after we post any changes to these Terms of Use you agree to accept those changes, whether or not you have reviewed them. If you choose not to accept these Terms of Use at any time, please do not use this Site.

3. Disclaimer Regarding Links

We are not responsible for the availability of any Other Site to which this Site links. We do not take responsibility for the contents, advertising, products, privacy policies or other material made available through any Other Site nor do we endorse Other Sites. Please direct your concerns to that Other Site’s webmaster or appropriate contact.

4. Intellectual Property Rights Ownership and Notification

Unless otherwise noted, all right, title and interest in all information including, but not limited to, screens, texts, Web pages, information, products, services, software, or other materials (collectively "Content") appearing in and on this Site are the exclusive property of PAN. All Content contained on or used in this Site is copyrighted, all rights reserved, and the ownership of the copyrights herein shall at all times remain vested in PAN, unless otherwise noted. PAN shall have the right to license any Content, subject to its stated Privacy Policy, contained in, or collected on, this Site to any entity pursuant to terms agreed upon by PAN. All Content on this Site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks or service marks and other intellectual property rights which are owned and controlled by PAN or by third party Content providers (collectively "Providers"), that have licensed their Content or the right to market their products and/or services to PAN. Content on this Site or content controlled by the Providers is provided solely for your personal, non-commercial use. Such Content may not be framed, copied, reproduced, republished, uploaded, posted, transmitted, distributed, scraped, spidered and/or exploited in any way, including by e-mail or other electronic means for commercial use without proper license agreements with PAN. Such use of the Content is considered theft and will be prosecuted.

5. Use Restrictions

By using this Site you warrant to PAN that you will not use this Site for any unlawful purpose or any use prohibited pursuant to these Terms of Use. Your violation of any of these prohibitions automatically terminates your right to use this Site and you are on notice that we intend to pursue our legal remedies for any violation.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content, including, but not limited to software, products or services obtained from this Site. The PAN electronic newsletter may be copied in its entirety for non-commercial use, provided that all copyright notices remain intact. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any portion of the PAN electronic newsletter without prior written permission of PAN.

6. Liability Disclaimer

You use this Site at your own risk. Your use of the Content provided here is also used at your own risk. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR AFFILIATES, SUBSCRIBERS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CIRCUMSTANTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OR CONTENT OBTAINED THROUGH USE OF THIS SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION OR CONTENT, INTERRUPTIONS IN TELECOMMUNICATION OR INTERNET CONNECTION TO THIS SITE, VIRUSES OR FAILURES OF PERFORMANCE, WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATION OR INTERNET FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS SITE OR RELATED INFORMATION, RECORDS OR PROGRAMS.

7. Warranty Disclaimer

You expressly understand and agree that this Site and the information and Content available through this Site are provided on an "as is" "as available" basis. PAN does not warrant that this Site will be uninterrupted or error-free, and PAN makes no warranty as to the accuracy, completeness, authenticity, or reliability of any information or Content available through the Site.  PAN expressly disclaims any and all warranties of any kind with respect to the Site and the information or Content available through the Site, including but not limited to any implied warranties of expectation of privacy, merchantability or fitness for a particular purpose. This Site and the information available through this Site are always subject to change.

8. Forums, Chat Areas, and/or Other Message or Communication Services

PAN may provide Forums, Chat Areas, and/or Message or Communication Services, collectively known as "Communication Services," which are designed to enable you to communicate with others.

To access the Communication Services you are required to open an account. You must complete the registration process by providing PAN with current, complete and accurate information as prompted by the applicable registration form.
To access the Communication Services you have been given a Username and a Password. You shall treat your Username and Password as private, confidential and personal and shall safeguard and maintain their confidentiality. You are entirely responsible for all activities that occur under your account. You agree to notify PAN immediately of any unauthorized use of your account or any other breach of security. Use by any other person or entity shall be considered theft. PAN will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You shall be liable for any consequences that may result from unauthorized disclosure of your Username and Password, whether intentional, negligent or inadvertent, including but not limited to immediate termination of your PAN membership, termination of your Communication Service account and liability for liquidated damages. This obligation to maintain confidentiality shall survive the termination of this Agreement.

Specifically, the PAN Notary Forum is powered by phpBB. The phpBB software only facilitates internet based discussions. The phpBB Group is not responsible for what is allowed and/or disallowed as permissible content and/or conduct.

You agree to use the Communication Services only to post, send and receive messages, and material that are proper and, when applicable, related to the particular Communication Service. You agree that when using the Communication Services you will not:

  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the Communication Services in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or the property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including email addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

PAN does not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit for review by the general public, or by the members of any public or private community. However, by posting, uploading, inputting, providing or submitting your materials you are granting PAN permission to use your materials in connection with the operation of their Internet businesses, including, without limitation, the license rights to:  Copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your materials; and to publish your name and country of residence in connection with your materials.

No compensation will be paid with respect to the use of your materials, as provided herein. PAN is under no obligation to post or use any materials you may provide and it may remove any materials at any time in its sole discretion.

PAN has no obligation to monitor the Communication Services. However, PAN reserves the right to review materials posted to the Communication Services and to remove, edit, move or close any topic or any materials in its sole discretion. PAN reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

PAN shall not be held responsible for any attempt that may lead to the Communication Service data being compromised.

9. Changes to the Site

PAN may make changes or improvements to the Content, information, services, products or other materials on this Site at any time without notice.

10. Privacy Policy

We are committed to protecting your privacy and security and have explained in detail what we do in our Privacy Policy. Please read it.

11. Jurisdictional Issues.

We operate and control our Site from our offices in Pittsburgh, Pennsylvania in the United States of America. We do not represent that materials on this Site are appropriate for use in other locations. Persons who access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

12. Miscellaneous

These Terms of Use will be governed by laws of the State of Pennsylvania without regard to principles of conflicts of laws. You agree that any action at law or in equity that arises out of or relates to these Terms of Use or use of this Site will be brought in Pittsburgh, Pennsylvania.

If any of these Terms of Use are found to be unlawful, void, or for any reason unenforceable, that provision will be considered severed from the remaining provisions and will not affect the validity or enforceability of the remaining provisions.

This is the entire Agreement between you and us governing your access to, dealings with, and use of this Site.

Any failure by PAN to assert any rights it may have under this agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity.

This Agreement may be modified only by our posting of changes to these Terms of Use.

Any inquiries regarding these Terms of Use should be directed to: [email protected].