Terms of Use

Last Modified: June 2023

ACCEPTANCE OF THE TERMS OF USE 

These terms of use are entered into by and between You and Stavvy, Inc. (“Stavvy,” the "Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of http://www.stavvy.com, including any content, functionality, and Services (as defined below) offered on or through http://www.stavvy.com as defined below (the "Website"), whether as a guest or a registered user. If you have entered into an Order Form or Master Services Agreement (collectively, an “MSA”) with us, or you are an Authorized User of an entity that has entered into an MSA with us, and there is a conflict between such MSA and these Terms of Use, the terms of the MSA govern. It is your obligation to understand and comply with the terms of such MSA.

Please read the Terms of Use carefully. By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://stavvy.com/privacy-policy, incorporated herein by reference.

OUR SERVICE 

Along with the Website, Stavvy offers an internet-based technology service that allows users to participate in electronic signing, remote electronic signing, remote online notarization services, and other transactions (collectively, the “Services”). Access to and use of the Services may include one or more of the following steps: (i) you provide requested biographical information and a valid email address; (ii) you create a unique password and/or verify your contact information by using a one-time code; (iii) you respond to a series of questions that allow us to confirm your identity and/or upload a copy of your government-issued photo identification; (iv) you provide your signature on a document; (v) your use of the Services is on-line and recorded, and may include notaries public and other signatories; (vi) if a document must be notarized, the notary may ask questions, review your identification, witness your signature, then provide a notarial seal; (vii) you download the signed and/or notarized document. In the event that your identity cannot be confirmed, or you are unable or unwilling to complete the process to properly notarize your document, or the notary determines in his or her sole discretion not to proceed with the notarial process, your session will be terminated.

STAVVY DOES NOT PROVIDE LEGAL SERVICES OR ADVICE. THE SERVICES DO NOT CONTAIN LEGAL ADVICE. ALL USERS MUST PERFORM THEIR OWN LEGAL DUE DILIGENCE CONCERNING USE OF THE SERVICES. STAVVY IS NOT A LENDER, TITLE COMPANY OR NOTARY PUBLIC.


USER CONDUCT AND RESPONSIBILITIES

The Services are offered and available to authorized users who are 18 years of age or older and have authority and legal capacity to sign legal documents. By using the Services, you agree to such eligibility requirements and represent and warrant that you meet them.

In addition, you agree that, while using the Services, you shall not:

  (a) engage in or encourage conduct that would violate any applicable law or regulation, infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;
  (b) sublicense, resell, or transfer any of your usage or access rights to the Services;
  (c) bypass or breach any security device or protection of the Services;
  (d) use the Services in any manner to which you do not have legal authority or that otherwise creates a security or privacy risk for any other person or entity;
  (d) use the Services in any manner to which you do not have legal authority or that otherwise creates a security or privacy risk for any other person or entity; 
  (e) submit, post, email, display, transmit or otherwise make available through or introduce to the Services any material that contains a software virus, worm, spyware, Trojan horse, robot, spider, site search/retrieval application or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  (f) use any technology to disguise or otherwise interfere with location detection or IP addresses, if prohibited from doing so by applicable state law;
  (g) modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other user;
  (h) impersonate any person or entity or falsely state or otherwise represent your affiliation with a person, or entity;
  (i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Services;
  (j) solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of other users or other information;
  (k) modify, reverse engineer, decompile or disassemble any part of the Service, whether in whole or in part, or create any derivative works from any part of the Service, or encourage, assist or authorize any other person to do so;
  (l) access and use the Services in order to (i) build a product or service competitive with them or (ii) copy any ideas, features, functions or graphics of the Services; or
  (m) modify, or attempt to modify, any document or transaction executed through the Services after it has been executed.

You also agree not to export or re-export the Services and to be in full compliance with all United States laws, rules, decrees, regulations, and executive orders, including without limitation the Export Administration Regulation of the U.S. Department of Commerce and the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury. Without limitation of the foregoing Services may not be exported or re-exported into (or to a legal permanent resident of) any country to which the United States embargoes goods or to anyone on the United States Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Denied Persons List.

You are responsible for obtaining and maintaining any equipment and ancillary services needed or used to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and related information, and the like (collectively “Requisites”). You are responsible for the safety and security of the Requisites in all respects, and you waive any claim against Stavvy for the safety or security of the Requisites. In addition, by using the Service, you consent to our methods of identification, authentication, signing, verifying, recording, transmitting, sharing and storing information. Prior to using the Services, you must also consent to our E-Sign Consent to Use Electronic Records, Signatures and Audio-Visual Recordings. 

CONSENT TO CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use and content within the Services from time to time in our sole discretion. Your continued use of the Services following the posting of revised content or Terms of Use means that you accept and agree to the changes.


ACCESS TO WEBSITE

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Services.
  • Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security or access procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of them using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.


INTELLECTUAL PROPERTY RIGHTS 

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not use any such intellectual property without the express written consent of the Company. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

  • You may store files that are automatically cached by your Web browser for display enhancement purposes; and

  • You may print or download documents related to transactions in which you participate by using the Services.

You must not: 

  • Modify copies of any materials from the Services.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

If you wish to make any use of material on the Services other than that set out in this section, please address your request to info@stavvy.com.


MONITORING AND ENFORCEMENT; TERMINATION 

We have the right to disable your use of the Services or any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms of Use. No right, title, or interest in or to the Services or any content within the Services are transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

If you violate these Terms, we have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone disclosing information through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.


RELIANCE ON INFORMATION POSTED 

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.


PRIVACY OF YOUR INFORMATION AND ACCESS TO YOUR DOCUMENTS

To access the Services, you may be asked to provide certain registration details or other information as set forth above. It is a condition of your use of the Services that all the information you provide via the Services is correct, current, and complete. All personal information we collect via the Services is subject to our Privacy Policy available at https://stavvy.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you have used the Services to sign documents, you may download and save documents that you signed and you should do so promptly. You may not access or download any documents concerning any person or transaction belonging solely to individuals other than yourself.


LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES 

You may link to stavvy.com homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Website.
  • Send emails or other communications with certain content, or links to certain content, on the Website.
  • Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use and you must, upon request by the Company, remove any links to the stavvy.com homepage.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice at our discretion.


LINKS FROM THE WEBSITE AND THIRD PARTY PRODUCTS

If the Website contains links to other sites and resources provided by third parties, these links and resources are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.


GEOGRAPHIC RESTRICTIONS 

Stavvy is based in the Commonwealth of Massachusetts in the United States. The Services are intended for use only by persons located in the United States. We make no claims that use of or access to the Services are accessible, legal or appropriate outside of the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and agree to hold us harmless for such compliance. Users in the European Union and other countries outside the United States understand and consent to the processing of their personal information in the United States.


DISCLAIMER OF WARRANTIES 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR  COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR  DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY 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. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


LIABILITY LIMITATION

IN NO EVENT WILL STAVVY BE LIABLE IN CONNECTION WITH THESE TERMS OR THE SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR  RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER STAVVY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL STAVVY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR  USE OF THE SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED $100.


INDEMNIFICATION 

You agree to defend, indemnify, and hold harmless the Company, its licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to your: use of the Services’ content and products other than as expressly authorized in these Terms of Use; your infringement of any third party’s intellectual property; your negligence or willful misconduct; your use of the Services in combination with data, software, hardware, equipment, or technology not provided by the Company or authorized by the Company in writing; your modifications to the Services; or your use of any information obtained from the Services.


FEEDBACK

If you send any communications or materials to the Company by mail, email, telephone, or otherwise, suggesting or recommending changes to the Website, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), the Company is free to use such Feedback without restriction. You hereby assign to the Company all right, title, and interest in, and the Company is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although the Company is not required to use any Feedback.


GOVERNING LAW AND JURISDICTION 

All matters relating to the Services, and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts, the State of Delaware, or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts, in each case located in the City of Boston, Suffolk County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.


LIMITATION ON TIME TO FILE CLAIMS 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.


WAIVER AND SEVERABILITY 

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.


ENTIRE AGREEMENT 

Unless you have entered into an Order Form or MSA with us, or you are an Authorized User of an entity that has entered into an Order Form or MSA with us, these Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Stavvy, Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.


YOUR COMMENTS AND CONCERNS 

The Services are operated by Stavvy, Inc., 101 Federal Street, 24th Floor, Boston, Massachusetts 02110. If you have any questions or concerns, you may also contact us at info@stavvy.com.