TERMS OF USE AGREEMENT

1.0 PARTIES, SCOPE, AUTHORIZATION

Parties. Our Terms of Use Agreement applies, even if you choose not to read it carefully, to all customers, payers, employers, vendors, solicitors, callers, schedulers, editors, publishers, inquirers, students, subscribers, readers, researchers, users, principals, agents, crawlers, bots, scrapers, harvesters, data brokers, data users and visitors to this website or blog, and readers and users of our email, phone number, text messages, business card, brochure, advertising, coupons, offers, social media, listing, profile, and our forum or blog posts and comments, or our answers, opinions, and actions on any website, blog, forum or social media. The term “you”, “your” or “user” includes all of these parties. The term “we”, “us”, or “our” includes ABC Legal Docs, LLC, the intellectual property owner (IP Owner), where applicable, and their members, managers, officers, employees, agents, and trade names. The Terms of Use may also be referred to as Terms of Service or Terms and Conditions or this Agreement.

Scope. Use of any part of this website, blog, our email address, phone number, our forum or our blog posts, content, data, intellectual property, customer reviews, complaints, or comments about us on any website, or completion of a purchase order, purchase, or use of our products, services, forms or information shall confirm that you have read, accept and agree to all the Terms of Use, Privacy Policy, Accessibility Statement,  Infection Control Policy, Green Business Policy, Fee Schedule, Document Services Agreement PDF [new window], and Zero Tolerance Spam Agreement PDF [new window], which are subject to change.

Freelance writing services are also governed by our Freelance Writer Agreement PDF [new window].

Colorado customers. We offer our products and services only to adult customers in Colorado and only to United States residents and businesses. By inquiring or using our products or services, you certify that you are an adult, at least 18 years of age, and are not a resident or business located in a foreign country, outside of the United States, or using a computer system or Internet Protocol (IP) address located outside of the United States.

Prerequisite computer knowledge and skills. You or your technical support must have basic computer skills for using a computer, smartphone, printer, operating system, application software, video conferencing, anti-virus, anti-malware, file backup and restore software, the Internet, a web browser and PDF reader, identifying your hardware and software configuration and versions, going to our website address, selecting a web page from our navigation menu, finding information on a web page, and following our exact directions quickly to use our website.  We do not provide free computer user assistance, tutoring, training, technical support, troubleshooting, or repair lessons. We recommend always using the latest version of the Google Chrome Browser or Brave Browser. We may not support other browsers or outdated software. You are responsible for keeping a backup copy of any user-generated content you add to our contact form, registration form, forum, blog, comments, website, or customer reviews.

Parental Control. Parents may choose to add commercially available parental control protections (such as computer hardware, software, or filtering services) that may assist in limiting access to material that may be harmful to minors. You may find parental control protection providers at Consumers Advocate parental control apps [new window] and other websites.

Agents. If you contact us on behalf of a spouse, minor child, family member, friend, principal, client, patient, employer, agency, or other entity or organization, you represent to us that you have the current legal authority to speak and act on behalf of the other party and that you have reviewed and accept these Terms of Use on behalf of yourself and your principal.  You certify that you will not exert any undue influence or deliver any self-serving, materially false, incorrect, or incomplete information to your principal that may affect or change their important decisions. Electronic agents, bots, crawlers, and scrapers shall be deemed to be agents of the party that owns, hosts, or controls the agent.

NO TRESPASSING. You understand and agree that any use or access of our website, content or property, or customer review websites by you that is not expressly authorized and in compliance with the law and these Terms of Use is unauthorized access, a breach of agreement, is not invited, consented to, or licensed, is a violation of our rights and property, and shall be considered a trespass of our property, in addition to any other violations or remedies available.  Any user or visitor that has violated our Terms of Use, or that has been denied, banned, suspended, blocked, revoked, or terminated, for any violation, shall have no consent, invitation, right, or license to use our website, content, or property, in any manner, including the use of an electronic agent, bot, crawler, or scraper, and any prior consent, invitation, right or license is forfeited and terminated.

2.0 AFFILIATE DISCLOSURE

We are a marketing affiliate for some companies, where stated, or where there is a web link with an associated referral code or affiliate code.  We may receive compensation for purchases made using our affiliate links. Please notify us if you find a broken, obsolete, or expired link. Thank you for your business. Any use of a company trademark is intended to be a nominative fair use to aid the consumer in locating information on a web page, or to increase visitor traffic and sales leads to the target company, and not intended to cause consumer confusion or to indicate an endorsement or sponsorship of our goods and services by the company mentioned.

3.0 PRIVACY POLICY NOTICE

We value your business and the trust you have placed in us. We may share your contact, payment, invoice, and billing information with vendors we use for payment, invoice and receipt processing, mailing, and collection of past due payments. Violations of our Terms of Use may result in an incident report, described below, which may be released to other parties.

We do not disclose your personal non-public information (NPI) to any other outside parties, without your permission, unless required by law, or for investigation of violations of the law, regulations, or our Terms of Use.

You grant us permission to review your documents, records, medical and mental health records, and identification as needed to perform our services. If we make a certified copy of a document, you grant us permission to keep a copy in our notarial records.

We do not normally store “personal identifying information”, as defined by CRS 6-1-713, or “personal information”, as defined by CRS 6-1-716.  If there is some reason for us to store personal identifying information or personal information, we will use encryption for electronic documents to prevent unauthorized access.

“Personal identifying information” means a social security number; a personal identification number; a password; a pass code; an official state or government-issued driver’s license or identification card number; a government passport number; biometric data, as defined in section 6-1-716(1)(a); an employer, student, or military identification number; or a financial transaction device, as defined in section 18-5-701(3).

“Personal information” means a Colorado resident’s first name or first initial and last name in combination with any one or more of the following data elements that relate to the resident, when the data elements are not encrypted, redacted, or secured by any other method rendering the name or the element unreadable or unusable: Social security number; student, military, or passport identification number; driver’s license number or identification card number; medical information; health insurance identification number; or biometric data;
A Colorado resident’s username or e-mail address, in combination with a password or security questions and answers, that would permit access to an online account; or
A Colorado resident’s account number or credit or debit card number in combination with any required security code, access code, or password that would permit access to that account.
“Personal information” does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records or widely distributed media.

The content of our spoken or written words, phone call, mail, email, text message, live chat or in-person communication, contract, or negotiations with you is private and confidential and may not be shared, repeated, published, or released by you to any other party without our written consent.

3.1  Data and Information Security

We follow a Written Information Security Program (WISP), created and managed by our Chief Information Security Officer (CISO).  Our WISP shall comply with Colorado data protection and disposal laws, and the Center for Internet Security (CIS) Controls, version 8, at a minimum level including the safeguards of Implementation Group 1 (IG1), known as Basic Cyber Hygiene.  Additional security measures and best practices exceeding IG1 safeguards will be implemented where practical, for a business of our size, expertise, and resources.  Best practices include NIST SP 800-53 Security and Privacy Controls, and ISO 27001 Information Security Management Systems (ISMS).

Text messages are not secure or encrypted and not accepted for confidential communications. We require that you contact us by secure email, secure website, encrypted PDF, or voice phone to exchange private or confidential information.  You may use our referral link to get one free month of Proton Mail Plus secure email.

Information you provide to Square, Stripe, Venmo, or another payment service provider, to pay for our products or services is governed by their information security policy, posted on their website.

If we provide any private, proprietary, non-public, personal identifying information, secure or confidential personal or business information, mail or email to you, including a private conversation or discussion, driver’s license number, social security number, date of birth, tax ID number, Form W-9, credit card number, bank account number, financial information, medical information, document password, account password, blog password, course password, username, PIN, or security code, you agree to keep such mail, email, and information private, secure and confidential, using strong physical and electronic security, governed by a written security policy, in compliance with all applicable laws, rules, and reasonable best practices.

Access to such information shall be limited to only authorized parties in your organization on a need-to-know basis. You agree to not sell, show or share any password, username, device, PIN, or security code, used to access our website, account, information, products, or services, with any other person. Electronic security shall include long strong unique secure passwords and PGP or 256-bit AES encryption or stronger.  You agree to notify us promptly and to be held fully liable for any damages caused by misuse or a data breach involving the use or release of our private mail, email, or information to unauthorized parties. We may require you to submit a copy of your information security policy before we release any private information to you.

You agree to securely delete, purge or destroy all confidential information you hold about us when no longer required to be kept under applicable laws, rules, and reasonable best practices.

See our Privacy Policy page for more information, terms and conditions.

4.0 PUBLICITY, REVIEWS, TESTIMONIALS

Money-back Guarantee. You agree to the terms of our 30-day money-back guarantee. See below.

Freedom of Speech. We support the Constitution [new window], Bill of Rights [new window], Freedom of Speech, and the Consumer Review Fairness Act, and do not restrict, restrain or prohibit honest, truthful customer reviews, ratings, comments or complaints, or impose any fees or penalties for truthful customer reviews, comments or complaints of completed, paid or pro bono transactions of our products or services. Your review, report, comments or complaint may not be illegal, unlawful, inciting unlawful actions, threatening, harassing, obscene, defamatory, libelous, slanderous, false, misleading, deceptive, erroneous, off-topic, political, spam, private, or confidential. The Constitution protects your right to express your honest opinion, or to make true statements of facts, but false, defamatory, deceptive, or half-truth statements, obscenity, threats, blackmail, harassment, fighting words, inciting or committing violations of the law are not protected.

Cooling-Off Period. If you are upset, emotional, intoxicated, agitated, angry, or enraged about a transaction, event, problem, defect, interaction, dialogue, misunderstanding or perceived offense, injustice, or grievance, you agree to wait at least five days from the incident as a cooling-off period before posting a customer review, rating, comment or complaint. Violation of the cooling-off period shall be evidence of bad faith.

Wholly Truthful Statements. Wholly truthful, fair customer reviews, ratings, comments, or complaints are welcome, whether you are fully satisfied with your purchase, or you have an honest problem or complaint about an error or omission we made, or the quality of purchased goods or services received. Half-truths, partial-truths, or misquotes of our statements where important material facts are not included, are deceptive and dishonest, not truthful.

Explanation Required. As a fair practice, you agree to not submit or post a negative review, rating, comment, complaint, vote, or rating about your customer purchase without including a written explanation of your reason, so we may understand the business nature of the problem and have a fair opportunity to respond accordingly.

Customer Definition. You agree with the definition that a customer only includes an actual buyer or purchaser of our goods or services who has completed a lawful paid or pro bono transaction within the last 12 months. Customer and marketplace interaction does not include a competitor, vendor, supplier, re-seller, solicitor, business associate, browser, shopper, window shopper, visitor, price check, operating hours check, reader, subscriber, forum or social media interaction, or potential customer, inquiring by phone, email, text message, online chat or other means.

Presumption of Customer Satisfaction. We assume that our customers are satisfied with our products and services, and support our business, even if we do not receive a positive customer review, if we have not received any negative feedback, or if you are a repeat customer or make a referral.  We welcome your constructive suggestions for business improvement.

Customer Verification. You agree to not submit or post any customer review, rating, comments, or complaint unless you include your real name, and your paid transaction date and time, and have completed an actual customer purchase or pro bono transaction of our products or services, within the past three months. You agree to remove any customer review, comment, or complaint upon demand, within one business day, if you cannot substantiate with written evidence, verified by us, or a neutral party, such as the BBB or a mediator, of your completed customer purchase, including your real name, mailing address, transaction date, dollar amount and description of the product or service purchased. Substantiation by written evidence includes a canceled check, paper or email receipt, credit card statement, or an original document showing your name, and our name, signature, and notary stamp.

Non-customer Reviews Prohibited. You agree to not submit or post any customer review, rating, report, comments, or complaint about us based on a phone call, inquiry, research, conversation, live chat, visit, shopping, meeting, mail, email, or text message with us, or based on our website, social media, newsletter, printed material, forum interaction or blog content if you have not completed an actual customer purchase or pro bono transaction of our products or services. You may contact us privately by phone, email, or by using our website contact form with any comments, concerns, questions, problems, criticism, or complaints.

Posting any negative or false review, rating, report, comment, or complaint about us when you have not purchased our products or services, live outside of our local Colorado Springs service area, or use a fake name, shall be evidence of bad faith, malicious intent, and harassment. You will be held liable for damages and each day that such negative content remains online shall be counted as a separate occurrence.

Unrelated, Personal, Private, or Petty Matter. You agree to not submit or post any review, rating, report, comments, complaint, rating or personal, character, or political attack about us, unrelated to a paid customer purchase, or motivated by a trivial matter, petty grievance, hate, threat, extortion, entrapment, discrimination, political affiliation, religion, competition, revenge, harassment, or retaliation, or involving any competitor, vendor, supplier, third party, private, personal, financial, confidential, proprietary or secure information, medical, psychological or mental health information, mediation, arbitration, litigation, late payment, debt collection, violation of the law, regulations, compliance policy, Terms of Use or agreements.

Blog Reviews and Comments. You agree to place blog reviews and comments in the blog comments section following the specific blog post. Since there is no cost or purchase transaction required for reading a blog post, you agree that your role is a blog reader, or commentator, not a customer. Since we have hundreds of blog posts, you agree to identify or include the title of the specific blog post and the publication date you are commenting on.

Liability for Violations. You agree to exercise a prudent, diligent, and high duty of care for the whole truth, accuracy, honesty, professionalism, and ethical behavior when making any oral or written statements about our behavior, attitude, communications, practices, products, services, reputation, or a transaction or interaction with us. You agree that customer reviews, ratings, reports, comments, complaints, posts, testimonials, or blog reviews violating these terms, the law, or the terms of the third-party site where posted, or your business or employer policies, or posted by competitors, suppliers, vendors, sales representatives, business associates, or other non-customers, or persons outside of our local market territory, or using false, hijacked, disguised, hired or unknown names not found in our notary or business transaction records are prohibited.

Violations are subject to liability for breach of contract, compensatory, nominal, non-economic, direct, indirect, consequential, special, remediation, punitive, and exemplary damages including defamation, defamation per se, emotional distress, harassment, diversion of resources, the frustration of mission, lost time, lost sales, lost customers, lost goodwill, damaged relationships, goodwill repair, reputation repair, case research, investigation, subpoena of records, analysis, cease and desist notice, expert witnesses, court and mediation fees, peer review, BBB review, legal costs, and related expenses. Making a false report to law enforcement authorities is a crime of False Reporting to Authorities, Colorado law CRS 18-8-111. Making a materially false statement while under oath is the crime of perjury, Colorado law CRS 18-8-502.

Damages. Since exact, actual damages in the diversion of resources, lost revenues or damaged reputation may be difficult to determine, you agree to pay our actual damages, or estimated reasonable damages, or a nominal amount of ten dollars ($10) per day, whichever is greater, that your unlawful, defamatory, false, half-truth, partial-truth, misquoted, misleading, deceptive, erroneous, dishonest, off-topic, harassing, private or confidential review, rating, post, comment or complaint remains in public view or submitted to authorities (the damage period), for each place posted or submitted. Liability shall extend to your business or employer, if you were acting in a business or agent capacity, or using your business or employer name, logo, account, email address, equipment, time, resources, or services.

Neutralizing Ratings and Reviews. You understand and agree that we may seek one or more neutralizing ratings or reviews to minimize, mitigate or neutralize any rating, comment, complaint, or review placed in violation of these terms and not promptly removed upon notice and demand. Neutralizing ratings and reviews may be added by a review referee, review panel, jury, or “pie-powder court”, consisting of one to six business owners, representatives, advisors, consultants, consumer advocates, business advocates, mediators, notaries, attorneys, paralegals, magistrates, or other parties deemed trustworthy, impartial, and qualified.

All review panel members shall act under oath or affirmation, to review the evidence regarding the dispute, complaint, comment, problem, negative rating, or review, and to each either abstain or post a positive vote, rating or review to offset, minimize or neutralize any unwarranted reputation damage caused by a non-compliant negative vote, review or rating. For example, a non-compliant negative rating of 1-star might be offset by one or more 5-star ratings by a review panel.

Each member of the review panel may choose to abstain from posting a positive rating or review in favor of the business and leave the customer negative rating or review stand “as is” if believed to be true and in compliance with these terms of use. Or, each member of the review panel may choose to post a positive rating, comment, or review in favor of the business, if the negative rating, comment, or review is believed to be non-compliant, unwarranted, false, irrelevant, or unverifiable, based on a preponderance of the evidence.

Waiver of Court Order, POA to Retrieve Account Records. You understand and agree to waive any requirements for a court order if we need to retrieve your account records from a review website or Internet Service Provider (ISP) when you refuse or fail to provide your true name, contact information, and IP address upon request, so that we may review, investigate, and resolve a problem or dispute in good faith. You grant a liability release to the records custodian. You grant us a limited power of attorney to retrieve your account records on your behalf, to forward a copy to you, and for us to keep a copy for our own lawful use.

Disclosure of Compensation. If you receive any form of reward, discount, bonus, or other compensation for posting a positive review, endorsement, or testimonial on a third-party website, you agree to disclose the information in the post you make, according to applicable laws and FTC rules.

Permission to use Your Name, Photo, Comments. If you submit a customer review, blog review, post, comment, opinion, photo, question, suggestion, complaint, or testimonial, about us, on our website, social media, email, phone, voicemail, text message, or a third-party website, you agree to grant us free permission to use or publish it, with your name, photo and business name, in any printed or electronic media, including our website, blog, social media, customer list, or third-party website or blog, publicity, brochure or report.

Permission to use Business Name, Logo. For business or government agency customers, websites or blogs, if you have used our products, services, or training, or refer to our website, blog, or contact information, you agree to grant us free permission to use or publish your business or agency name, trade name, trademark, logo, and website or blog domain name or web link, in any printed or electronic media, including our website, blog, customer list, or third-party website or blog, publicity, presentation, brochure or report.

4.1 No Endorsement

Based on your questions, comments, statements, opinions, documents, complexity, foreign language, location, day, time, affordability, or other information you provide, we may suggest you contact an attorney, financial advisor, real estate agent, insurance agent, other professional, vendor, government agency, notary, or another party that may save you time, travel or money, or that offers the products or services you are seeking.

As a mobile notary, we do not have a walk-in office location. As a courtesy to you, if you do not need a mobile notary to drive to you, we may refer you to a walk-in notary location at a bank, shipping store, or other location near you. Many banks offer free notary services to their customers. Before driving, we suggest that you call ahead to make sure a notary is on duty and can notarize your specific document.

Any mention, referral, reference, advertisement, or link to a customer, supplier, business name, trademark, product, service, restaurant, attorney, law firm, notary, advisor, agency, non-profit, association, organization, publication, website, forum, or blog by us is for convenience only, and shall not imply, indicate, constitute or confirm any express or implied endorsement, sponsorship, promise or guarantee by us, or any affiliation, referral fee, partnership, relationship, endorsement, or sponsorship between us, unless otherwise indicated.

Due Diligence: You agree that it is your sole risk and responsibility to call, email, check online reviews and reputation, verify credentials, experience, insurance, legal compliance, suitability, availability, information, terms, and conditions, ask questions, conduct research, and thorough due diligence before choosing a notary or business and purchasing an offered product or service. We suggest you research and compare at least three or more vendors before making a purchase decision. Buyer beware.

5.0 DISCLAIMER, NO ADVICE PROVIDED

WE DO NOT PROVIDE LEGAL, TAX, FINANCIAL, OR ACCOUNTING ADVICE.

ABC Legal Docs, LLC and its members, officers, and employees, are not lawyers, attorneys-at-law, counselors-at-law, notarios, notarios publicos, financial advisors, accountants, real estate agents, or immigration consultants, and we do not sell, select, or draft legal forms or documents, and WE DO NOT PROVIDE LEGAL ADVICE, representation, interpretation or case preparation. For legal advice and legal services, you agree to consult with a licensed, experienced attorney, in good standing.

Consult with an attorney before using our products or services in any transaction that may be subject to other laws or jurisdiction, such as a military base, federal law, federal enclave, religious or ecclesiastical law, an Indian reservation, Native American law, foreign law, foreign property, complex or unusual matter, or maritime, admiralty, aviation or martial law.

6.0 OTHER SERVICES

In addition to notary services, we may choose to offer several other incidental services.

6.1 DOCUMENT PRINTING SERVICES

We do not offer document drafting, typing, secretarial, preparation, or completion services. We do not provide legal advice. We can print or copy a short document for free, as a courtesy, or for a nominal fee.

6.2 SHIPPING SERVICE

We can package, label, and ship a lawful document, envelope, or package for you at the post office, FedEx, or UPS for a travel fee plus the cost of printing, copying, postage, add-on services such as priority mail, certified mail or delivery confirmation, supplies and shipping. You may not use our address as the shipping, return or reply address.

We do not offer notary protest, presentment, acceptance, certificate of dishonor, certificate of default, certificate of non-response, private administrative process, mail receipt, mail scanning, mail forwarding, mail witnessing, mail logging, document courier or document custodian services.

We may decline to accept, mail, or ship any document, envelope, or package, at our sole discretion.

6.3 FORM I-9 EMPLOYEE ID VERIFICATION AUTHORIZED AGENT

We can serve as an authorized agent for an employer to perform ID verification when hiring an employee. Terms in our Form I-9 Service Agreement PDF [new window] shall apply. We do not act as a notary public or use a notary stamp or title when completing Form I-9.

6.4 FIELD INSPECTION AND PHOTO SERVICES

We can serve as an agent to do field inspections, drive-by and on-site inspections, with or without personal contact, complete inspection reports and take photos. Fees shall apply for travel, hazards, safety, time, reports, photos, and other services or expenses.

6.5 RESEARCH SERVICES

We can do online or on-site research at a public place, library or public records office, or private location with permission, for a negotiable fee for our travel, time, research, expenses, and reporting.

6.6 CONSULTING AND TECH SUPPORT

We can do business consulting, training, mentoring, WordPress, website, SEO, computer, cybersecurity, and technical support by contract, for a negotiated fee, with services delivered remotely by phone, teleconference, chat, messenger, video, webinar, recording, email, or website.

6.7 OCCASIONAL SALES AND DISPOSITIONS

We may occasionally sell, donate, recycle or dispose of used computers, printers, phones, parts, equipment, devices, furniture, books, supplies, and other items that we no longer need. Additional terms and conditions on the sale website and listing shall apply. Buyer agrees to pay and remit appropriate sales tax or use tax.

6.8 FREE OR PAID ADVERTISING

We may choose to accept free or paid advertising, at our sole discretion.  Ads submitted for approval shall be by email attachment, 320 x 100 pixels, using only .webp image format for fast performance, and shall not exceed a maximum file size of 8 KB.  For accessibility, colors used must provide sufficient contrast and text size must be large enough to be easily readable. Ad content must not offer or promote any unlawful, unauthorized, unethical, deceptive, defective, or dangerous product, service, or action, and must not violate our Terms of Use.  Advertiser and website users release and indemnify us from any direct, indirect, or consequential damages or liability related to the ad.  An accepted ad is not a recommendation, endorsement, sponsorship, or guarantee of the advertised product or service, or the ethics, quality, or competency of the advertiser.

Price Transparency: Advertisers shall disclose itemized pricing, pricing calculator, or fee schedule information on their websites so consumers can know and compare the total price for goods, services, and fees, to make an informed decision, before choosing a vendor, making a purchase, or placing an order.

Five ads, from up to five advertisers, may be displayed, on a rotating basis, placed near the top center of the web page, with each ad displayed sequentially, for a minimum of five seconds. The motion of rotating ads should attract more attention from website visitors for better visibility than stationary static ads.

Ads shall expire and will be removed after the agreed time period of 15 to 90 days, unless renewed, suspended, revoked, or canceled sooner. Advertiser retains copyright ownership of submitted ad content and grants us permission to display the ad, including any logo or trademark.  We do not guarantee any minimum level of website uptime, performance, clicks, sales, or results from ads. In the event of any dissatisfaction or dispute, advertiser agrees that the sole remedy is to cancel the ad. Canceled paid ads longer than 30 days duration will receive a pro-rated refund, minus a 15-day deduction for processing. Advertising rates shall be posted in our fee schedule, may change at any time, and may be paid by Square, Stripe, Venmo, or other supported payment service, money order, or by check from a bank or credit union, located in Colorado.

7.0 GENERAL LEGAL INFORMATION

WE DO NOT PROVIDE LEGAL ADVICE, LEGAL OPINIONS, OR INTERPRETATIONS OF THE LAW. This website and blog provide general legal information to help educate users. General legal information is not legal advice, which is the application of the law to follow a course of action customized to your fact-specific individual situation, preferences, needs, rights, responsibilities, location, and circumstances. Laws change, vary by location, and are subject to the interpretation of different courts. Our information is intended only for Colorado residents. Brief articles, blog posts, forums, website information, and comments or conversations with non-lawyers are not a substitute for legal training or legal advice. For more in-depth study, some self-help legal books are available at a library or bookstore.

For fact-specific legal advice, you agree to consult with a licensed, experienced attorney, in good standing, for professional advice and assurance that any information found on our website or blog, or elsewhere, and your interpretation of it, is accurate, current, and suitable for your particular situation. You agree to verify all information, determine if the information or a legal form is current and suitable for your specific situation, needs, rights, responsibilities, location, and circumstances, and you accept all risks of using any information, legal form, or document service found in our website, blog, social media, email or conversation.

We do not guarantee that information on our website, blog, email or other media is complete, correct, lawful, risk-free, kept up-to-date, or suitable for your specific situation or use. All information is provided “As Is“, “with all faults“.  If you discover any problem or error, please contact us so that we may investigate the matter for updating or correction.

8.0 NO CLIENT RELATIONSHIP

Any information or legal forms posted or mentioned by us, on any website, group, blog or forum, or any product or service provided by us, or any transaction, class, seminar, publication, newsletter, email, phone conversation, or other communication shall not create an advisor/client, attorney/client, or fiduciary/client relationship. No client relationship may be created with us without a written agreement or contract, signed by us.

Opinions, information, and recommendations within this website, blog, or our email or newsletter do not necessarily reflect the views of any other parties, websites, vendors, or companies.

INFORMATION PRESENTED IS GENERAL INFORMATION THAT DOES NOT TAKE INTO ACCOUNT YOUR INDIVIDUAL FACTS, PREFERENCES, CIRCUMSTANCES, FINANCIAL OR LEGAL SITUATION, KNOWLEDGE, NEEDS, RIGHTS, RESPONSIBILITIES, OR SUITABILITY, AND IS NOT A PERSONALIZED RECOMMENDATION, COURSE OF ACTION, OR LEGAL ADVICE. LEGAL FORMS, DOCUMENTS, BOOKS, SOFTWARE, OR OTHER PRODUCTS OR SERVICES OR INFORMATION MENTIONED OR PRESENTED MAY NOT BE SUITABLE FOR YOU OR YOUR SPECIFIC STATE, NEEDS, OR SITUATION. THE USE OF SELF-HELP LEGAL FORMS AND INFORMATION IS NOT A SUBSTITUTE FOR LEGAL ADVICE FROM A LICENSED ATTORNEY.

9.0 NOTARY SERVICES AGREEMENT

A Notary Public can notarize a document with an acknowledgment notarial certificate, administer a verbal oath or affirmation to a person or on a document with a jurat notarial certificate, or make a certified copy of an original document, not available elsewhere from an original issuer or records custodian.

9.1 COMPLIANCE

You certify that your request or document is lawful and not fraudulent, complies with current laws, that you are legally competent and authorized to sign the document, the statements in the document are true and correct, you have read and understood the purpose of the document, you are signing voluntarily, without undue influence, and you are presenting your genuine identification.

9.2 CUSTOMER REVIEW

You agree to carefully review your document, our attached completed notarial certificate, and our completed notary journal entry and fees, and to alert us of any questions or problems before signing our notary journal or before the end of your notary session.

9.3 SIGNATURE CONFIRMS ACCEPTANCE

You agree that your signature in our notary journal shall indicate your review, acceptance, and approval of our notarization and notary journal entry and fees, and your agreement to promptly pay for services rendered, normally on the same day or before services are rendered, unless we agree in writing to allow you to pay online on the same day or to give or send you an invoice for later payment.  No payment is due for services marked as free, no charge, or pro bono in our notary journal.

9.4 NO LEGAL ADVICE

You certify that we did not give you any legal advice. You agree to contact an attorney for legal advice.

9.5 ATTORNEY REVIEW

You agree to have your notarized documents reviewed by a licensed attorney, or to accept liability for any errors, omissions, defects, or misunderstandings. For petitions, you agree to have your attorney review Colorado laws and rules and advise you on the correct procedures for circulating petitions, gathering signatures, using proper forms of identification, signing, checking for errors and omissions, making corrections, and notarizing.

9.6 RATIFICATION

You agree that, after 24 hours from the notarization time, you confirm and ratify that the notarization and fees are fully reviewed, accepted, and approved by you “as is”.

9.7 PROXIMATE CAUSE

You understand that we are only liable for damages that are proximately caused by our notarial misconduct.  We are not liable for any consequential, incidental, indirect, special, or other damages.

9.8 MITIGATION

You agree to take action to prevent, avoid, mitigate and minimize any damages caused by any error, omission, or defect in our notarization.

9.9 NOTIFICATION

You agree to contact us and to alert all document recipients, within 24 hours, if you become aware of any problems with the notarization, or if the notarization is rejected.

10.0 COLORADO ANTI-DISCRIMINATION LAWS

We comply with the Colorado Anti-Discrimination Laws PDF [new window] as listed in this poster from the Colorado Civil Rights Division.

We do not discriminate based on race, color, religion, creed, national origin, ancestry, sex, age, physical or mental disability, sexual orientation (including transgender status), marital status, and retaliation for engaging in protected activity (opposing a discriminatory practice or participating in a public accommodations discrimination proceeding).

We work to make our website accessible to all users according to our Accessibility Statement.

For the deaf or hard of hearing, we can communicate visually by email, text message, written material, or written notes. For students, our course can be completed by reading the written course material and submitting questions by email, text message, or written notes.

During the coronavirus pandemic, we are following the Governor’s executive orders and guidance from the Colorado Department of Public Health and Environment (CDPHE) regarding the use of personal protective equipment (PPE), face masks, and disposable gloves, with reasonable accommodations for a person with a disability such as a breathing impairment or facial disfiguration. See COVID-19 Guidance for Employers and Places of Public Accommodation PDF [new window].

Please let us know if you need auxiliary aids, services, other assistance, or accommodations.

10.1 United Nations Universal Declaration of Human Rights

We also support the human rights principles of the United Nations Universal Declaration of Human Rights PDF [new window] although it is not law.  Discrimination shall not be based on race, color, sex, language, religion, political or other opinions, national or social origin, property, birth, or other status.

We oppose racial injustice, police brutality, and bias-motivated crimes because of a person’s actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, or sexual orientation.

We support the rule of law, the right to free speech, opinion, expression, peaceful and lawful assembly and protest, with due recognition and respect for the dignity, rights, and freedoms of others, without inciting unlawful acts, rioting, violence, harassment, trespassing, vandalism, property damage, arson, theft, looting or other criminal acts. Humans should act toward one another in a spirit of peace and brotherhood.

10.2 Modern Slavery Statement

We do not support any unlawful forms of modern slavery or servitude where a child or adult is forced to work against their will, in violation of applicable laws, or basic human rights and dignity.  We seek to select and use vendors and suppliers in our operations and supply chain that follow policies and practices that do not support modern slavery or servitude in their operations or in their chosen supply chain vendors and suppliers.  We will suspend or discontinue using any vendor or supplier if we learn by credible evidence that they are engaged in policies or practices that support unlawful modern slavery or servitude until they comply with the law.

11.0 RIGHT OF REFUSAL

We reserve the right to refuse, cancel, terminate, suspend, ban, delay, relocate or reschedule any class, meeting, phone call, or service for cause, including, but not limited to, current or past disruptive, disrespectful, threatening, dangerous or unlawful behavior, and the following reasons.

Duty to Warn. You agree to fully disclose and warn us in advance of any potentially unsafe or unsuitable conditions, including people or animals that may be disruptive, angry, threatening, menacing, violent, unsafe, or dangerous, so we can make an informed decision on the safety, security, and suitability of the choice of the meeting date, time and location.

11.1 Unavailability

We do not guarantee 24/7 availability if we are unavailable or delayed for any reason, including prior plans and appointments, training, vacation, weather, traffic, accident, illness, incapacity, insufficient time, outside of business hours, vehicle, equipment, supply, delivery, internet or website deficiency or problems, supply shortage, emergency, disaster, disease, epidemic, pandemic, power outage, phone outage, force majeure, an act of God, or transactions beyond our level of comfort, acceptable risk, job skills, foreign language skills, knowledge, training, expertise, experience or authority. Live classes may be canceled, rescheduled, or held as a live teleconference class if the minimum number of students has not registered, due to bad weather or road conditions, or another unavailability.

11.2 Safety and Health

when we know or suspect any recent, current, or pending road, traffic, weather, storm, en route, neighborhood or on-site conditions may be dangerous, unsafe, unsanitary, contaminated, unhealthy, diseased, infectious, contagious, restricted, quarantined, bio-hazardous, unsuitable, difficult, hostile, suspicious, risky, hazardous, remote, isolated, contain dangerous or disruptive items, situations, animals, pets or people, or where there is criminal, terrorist, military, national guard, martial law, police, SWAT, smoke, fire, hazmat, or emergency state or activity, or an accident, traffic congestion, special event, festival, crowd, mob, debris, obstruction, blockage, riot, looting, insurrection, rebellion, violence, injury, death, fighting, argument, unrest, disturbance, strike, protest, evacuation order, quarantine, isolation, explosion, attack, flood, disaster, construction, delay or detour. We may view crime and calls for service police maps for reported crime types, frequency, and locations including MyNeighborhoodUpdate.net [new window] and CommunityCrimeMap.com [new window].

11.3 Outside of Territory

outside of our market territory or jurisdiction in Colorado, on a secure or restricted property, off-grid, off paved roads, or outside of cell phone, internet, or utility service areas.

11.4 Disturbance

any music, sound, speech, argument, noise, odor, light, nuisance, illegal substance, sign, image, gesture, clothing, device, distraction, solicitation, advertising, distribution, petition, loitering, horseplay, prank, hoax, or other activity that may bother, annoy, distract, disturb, disrupt, obstruct, impede, interfere, delay, frighten, alarm, harm, injure, endanger, aggravate, heckle, incite or provoke another person, customer or business. Parents shall supervise and discipline children to follow all laws, terms, and conditions. Animal owners shall supervise and control animals and pets and remove any nuisance, aggressive or dangerous animals.

11.5 Unlawful or Frivolous Request

requests or documents that we know or suspect are unauthorized, disqualified, dishonest, fraudulent, deceptive, pseudo-legal, irrational, frivolous, groundless, vexatious, unethical, false dated, outdated, obsolete, out of compliance, suspicious, illegal, criminal or unlawful, or when you are unable or unwilling to answer our questions satisfactorily, or when you are unable to provide satisfactory evidence of current applicable laws, documents, authorization or identification, or use false or altered ID. You are responsible for any use of incorrect, misunderstood, defective, outdated, incomplete, unlawful, or non-compliant forms, documents, or instructions.

11.5.1 Unauthorized Practice of Law

when we know or suspect that you or your agent, employer, or advisor is engaged in the unauthorized practice of law, acting in a representative capacity in protecting, enforcing, or defending the legal rights and duties of another and in counseling, advising, and assisting another in connection with these rights and duties, including providing legal advice to another person, selecting legal documents on behalf of another person, drafting legal documents on behalf of another person, interpreting the law as it may apply to another person’s situation, representing another person in any legal transaction or matter, or preparing another person’s case for trial.

11.6 Non-payment

failure to pay our fee, bill, invoice, or other charges when due, or when you have a history of late payment, non-payment, partial payment, chargebacks, or issuing bad checks.

11.7 Awareness and Communications

when you appear to be unable to perceive, communicate, reason, analyze or understand, are sleepy, drowsy, or unresponsive, or you appear to be under the influence of drugs or alcohol, emotional impairment, stress, anger, rage, temper tantrum, panic, hysteria, grief, dazed, confused, delusional, irrational, illogical, distracted, brainwashed, mind-controlled, incoherent, or incapacitated.

11.8 Rude Behavior

when your language, gestures, dress, or behavior is rude, impolite, vulgar, offensive, abusive, insulting, taunting, ridiculing, name-calling, childish, juvenile, asinine, disrespectful, undignified, demeaning, contemptuous, condescending, inconsiderate, monologue, or talking over others, or otherwise offensive to the authority and dignity of the office of a notary public. Your conduct should be respectful, the same as when you are appearing in court.

11.9 Lack of Cooperation

when you are uncooperative, unreasonable, irrational, difficult, stubborn, argumentative, quarrelsome, combative, contrary, lecturing, demanding, dictating, controlling, domineering, arrogant, bossy, impatient, rushing, criticizing, dismissive, apathetic, misinformed, incorrect, dishonest, deceptive, time-wasting, time-consuming, repetitive, irrelevant, off-topic, interfering, interrupting, fail to answer intake questions, fail to follow instructions, rules, laws or warnings, or violate our policies, terms, and conditions.

You agree to schedule a minimum of 15 minutes of dedicated attention and time for a notarization appointment to allow time for you to fill in any blank spaces, and for us to verify the ID of the signer and any witnesses, check the document for compliance issues, ask and answer questions, check and follow notary laws, complete the entry in our notary journal, administer the notarial act, and complete the notarial certificate.

11.10 Verbal Aggression

when you are verbally aggressive, confrontational, challenging, snapping, barking, taunting, adversarial, bullying, intimidating, coercive, hostile, harassing, upset, angry, irate, furious, explosive, emotional, loud, ranting, enraged, heckling, shouting, spiteful, cruel, hateful, vengeful, using profanity, obscene or indecent language or gestures, using fighting words, threatening damage, economic reprisal, false statements or false reports.

11.11 Physical Aggression

when your behavior is physically aggressive, threatening attack or assault, disruptive, disorderly, unsafe, or includes pranks, slamming doors, slamming, banging, pushing, smashing, breaking, stealing, or throwing objects.

11.12 Criminal Act

when your behavior is damaging, destructive, threatening violence or property damage, violent, menacing, or includes assault, fighting, harassment, theft, vandalism, property damage, bribery, blackmail, invasion of privacy, trespassing, security breach, violating rights, displaying or using a weapon, threatening, inciting, soliciting, aiding or committing an unlawful, dangerous, destructive or criminal act.

11.13 Re-scheduling

As an alternative to refusing or canceling a class, meeting, appointment, phone call, or service, we may request or re-schedule a different time or location, or your full cooperation in response to a verbal or written warning to Cease and Desist the disruptive or problem behavior, or to remedy the problem, or an additional fee for services requiring additional time, travel, risk, security, work, effort, skill, knowledge, research, resources, expenses or assistance. We may refer you to another notary or other business that may be able to assist you.

11.14 Phone, Audio, Video Recording, Photographs

You grant us express permission to take photographs and make and store audio or video recordings and transcripts of our phone calls, meetings, local or remote notary services, intake interviews, legal capacity and mental status exams, testimony, mediation, classes and conferences, transactions, conversations or incidents, for safety, security, law enforcement, compliance, verification, quality control, evaluation, and evidence gathering purposes. Always be professional, courteous, and law-abiding. Do not behave in any rude, aggressive, illegal, suspicious, abnormal, disruptive, non-compliant, or unprofessional manner that you do not want to be recorded as evidence.

You grant us express permission to make audio or video recordings or take photographs of your voice, image, surroundings, behavior, and vehicle, and to use such evidence as we set fit. We may also seek written statements or videos from witnesses as evidence.

We do not grant permission for you to make, store, share, copy, transcribe, quote from or publicize any audio or video recording or take photographs of our voice, phone call, image, surroundings, behavior, or vehicle without our written consent.

11.15 Verbal or Written Warning

We do not have a duty to issue a verbal or written warning to you for violations of our Terms of Use.  We may take action to remedy any violation without issuing a warning. If we issue a verbal or written warning, you agree to immediately cease and desist from the violation and to fully comply with our Terms of Use.  Your failure to fully cooperate and comply with our warning shall indicate that your actions are willful, intentional, and in bad faith.

11.16 Incident Reporting

You grant us express permission to contact your spouse, family members, employer, organization, compliance department, security, police, law enforcement, public officials, regulators, attorneys, emergency medical services, reporter, news media, website, forum, social media or other parties, or to file a public report, to report your behavior, or in an emergency. An Incident Report Affidavit PDF [new window] may be filed with any party to document aggressive, disruptive, uncooperative, dangerous, illegal, or unlawful behavior or other incidents.

11.17 Criminal Warning

Do not attempt to pay, deceive, influence, or threaten a notary to commit or assist in an unlawful act, or you may face felony charges of attempting to bribe CRS 18-8-302 or influence CRS 18-8-306 a public official.

If you commit an overt act in an attempt to aid, promote, facilitate, plan, scheme, encourage, pressure, or influence a notary to engage in official misconduct CRS 24-21-531, a crime in violation of notary laws, or other laws, you may be charged with criminal attempt CRS 18-2-101, or criminal conspiracy CRS 18-2-201, even if the attempt is not completed or successful. Attempting to persuade a person to commit a felony is criminal solicitation CRS 18-2-301.

If you learn or know, or if the notary warns you that a requested action is in violation of notary law, or other laws, or thwarts the plan, stop any unlawful acts or requests.  Contact an attorney for legal advice.

Your forms, documents, instructions, notices, email, text messages, phone calls, conversations, and transcripts requesting or admitting an unauthorized or unlawful act and disregarding the law or warning may be used as evidence against you.

12.0 DISCLAIMER OF WARRANTIES

ABC Legal Docs, LLC does not make any representations or warranties as to the accuracy, timeliness, suitability, safety, lawfulness, completeness, security, freedom from computer virus, malware, data breach, tampering, or hacking, website backup, functionality, or availability, website access from foreign countries, or relevance of any information on this website, blog, forum, social media, or in our class, email or newsletter or for any information, products or services prepared, sold, provided or presented by any third party, whether linked to this website or our email or newsletter or incorporated therein, or referred by us, and takes no responsibility therefore.

All such information and website are provided “As Is“, “with all faults” and “as available” and solely for informational and convenience purposes only, subject to change without notice, and all users thereof should be guided accordingly.

Links, mentions, advertisements, or referrals to other notaries, businesses, or websites do not constitute an approval, endorsement, sponsorship, guarantee, or recommendation of any information, products, or services offered, sold, or mentioned there. You are responsible for conducting your own research and due diligence.

Scheduled appointment arrival time is not guaranteed, and we may be delayed or unavailable due to weather, traffic, accidents, road conditions, vehicle problems, emergency, completing a prior appointment, or other reasons.

12.1 RULONA Notary Law Update

Colorado notary laws changed on July 1, 2018, to RULONA (Revised Uniform Laws on Notarial Acts). Content written before that date that mentions old laws, rules, information, or procedures that applied under the Colorado Notaries Public Act, including statute numbers beginning with CRS 12-55-xxx, is outdated and is superseded by RULONA laws, rules, information, and procedures. Under RULONA, statute numbers range from CRS 24-21-501 to 24-21-540.  Pre-RULONA content that refers to laws, rules, information, or procedures that existed before RULONA became effective has been left intact, for historic reference and archive purposes.  It is useful for reviewing documents that were notarized under the old notary laws before RULONA laws became effective.

13.0 USER ASSUMPTION OF RISK

User agrees to thoroughly research, investigate and accept all risks of using information, legal forms, recommendations, products, and services from other websites or businesses. Beware of exaggerated claims. User of any information, legal forms, products, or services on this website, blog, or our class, email, or newsletter assumes all risk and liability for any loss caused by misuse, misunderstanding, misapplication, or misinterpretation without consulting with a competent, experienced, licensed attorney.

For security, User agrees to install and maintain antivirus, anti-malware, and file backup software on the User’s computer and/or mobile device and to keep all installed software up to date with the latest versions and updates.

14.0 OPT-IN STATUS

If you contact us for assistance, information, to purchase a product or service, to attend a class or meeting, to discuss doing business together, to subscribe to our list, or to make a comment about our blog, business, products, services or employees, you authorize us to add your name, company, address, email address, phone number, and other relevant information to our opt-in mailing list. You may request to be removed (opt-out) at any time.

We respect your privacy and do not share your information with any other parties, without your permission, or unless authorized by our terms of use, or required by law. We process inquiries and requests as time allows. We reserve the right to not answer inquiries or requests for information outside of our scope of business or that do not support our business mission or goals.

15.0 REFUND POLICY, MONEY-BACK GUARANTEE

After you receive your product, service, or class, and have made payment in full by the due date, if you are not satisfied with your purchase, you agree to contact us in writing by mail or email within 30 days and explain the problem or claim.  You agree to provide your real name, mailing address, email address, phone number, purchase date, item description, and purchase amount. We will investigate the matter and then solve or correct the problem or claim, provide a substitute, replacement, or correction, or refund your payment, minus any shipping or travel fee.

If you paid for multiple documents, products, services, or classes, the refund policy applies only to the portion of your payment for those documents, products, services, or classes where there was a confirmed problem. For example, if you paid us a travel fee of $20, plus $10 to notarize two documents, and we made an error or omission on one document, we will correct the error or omission at no cost, or refund the $5 notary fee for that document.

The refund policy does not apply to digital products, PDF files, or training materials where you have received a password or access, no shows for appointments or training classes, your misunderstanding, change of mind or need, or matters outside of our control, including a recipient refusing or rejecting a document that is properly notarized under Colorado law.

15.1 MONEY-BACK GUARANTEE TERMS

You agree not to make, write, speak, post, publish, assist or encourage any defamatory, false, misleading, half-truth, slanderous, libelous, threats, fighting words, obscenity, personal attacks, harassment, illegal or unlawful remarks, comments, complaints, ratings or reviews concerning our business, products, services, conversations, email, correspondence, practices, terms, affiliates, agents, officers or employees.

You agree to give us a written mail or email notice of the problem or claim, with supporting evidence, and a fair opportunity, up to 30 days, to investigate, solve or correct the problem or claim, make a product or service replacement or correction, or refund your payment.

Failure to give us written mail or email notice of the problem or claim, or up to 30 days for problem or claim investigation and resolution, shall be considered an act of bad faith, a material violation of fair and due process, a breach of contract, and shall void the money-back guarantee.

You agree not to post, submit, assist, commission, or encourage any customer reviews, remarks, comments, complaints, or ratings unless you have completed a paid transaction as a customer, and received a product, service, or class from our business. Upon request, you agree to submit your complaint in the form of a signed, dated, notarized affidavit, stating the facts of the completed paid transaction, sworn to or affirmed, under penalty of perjury. We may record and transcribe phone calls as evidence.

You agree that the descriptions included in these terms of our guarantee, warranty, and disclaimer of warranties are clear and conspicuous disclosures of their nature and extent, material conditions, limitations, performance, and identity of the guarantor.

15.2 MONEY-BACK SETTLEMENT RELEASE

If you accept our solution or correction to the problem or claim or receive your money back, you agree that the solution or refund shall be considered as the final settlement in full, and shall release us from any further time, expense, harm, negative publicity, or liability regarding the matter.

16.0 RECORDING PHONE CALLS, CONVERSATIONS

We may record and transcribe incoming or outgoing phone calls, conversations, transactions, meetings, classes, or other interactions as evidence of details of a conversation. According to Colorado law, only one party is required to be aware that the phone call or conversation is being recorded. Do not make any verbal statements or provide any private or confidential information during a phone call or other interaction that you do not want to be recorded. You grant us permission to record phone calls, conversations, and other interactions with you.

We do not grant permission for you to record by audio or video any phone call, conversation, transaction, meeting, class, or other interaction with us, or release any private or confidential conversation or information, without our written consent.

17.0 COPYRIGHT AGREEMENT

17.1 COPYRIGHT AND TRADEMARK DISCLAIMER

Disclaimer: No copyright ownership claim is made for content owned by other parties, originating from user-generated content, the public domain, government publications, statutes, ordinances, rules, regulations, standards, court decisions, historic documents, content used by express or implied permission or license, or authorized use of work under the exceptions provided in Sections 107 through 122 of copyright law including Fair Use.

Disclaimer: Our intent is to respect trademark rights and comply with trademark law, including the Lanham Act, federal, state, and common law. No trademark claim is made for trademarks, trade names, brands, or logos owned by other parties. Any use of a trademark of another party is intended to be a descriptive fair use, or nominative fair use, as a designation of source for the trademark owner’s goods or services, to aid the consumer in finding information from the source, or to increase visitor traffic, referrals, and sales leads to the source. We are a small local business and do not intend to cause any consumer confusion, in the source or origin, or trademark dilution by blurring or tarnishment, or to indicate an approval, association, endorsement, or sponsorship of our goods and services by the source mentioned. Some trademarks may be included as a fair use in a product or service review, comparison, news, commentary, educational purpose, or referral.

17.2 FAIR USE COPYRIGHT NOTICE

Section 107 of the U.S. Copyright Act recognizes a “Fair Use” of copyrighted content. It states:

“NOTWITHSTANDING THE PROVISIONS OF SECTIONS 106 AND 106A, THE FAIR USE OF A COPYRIGHTED WORK, INCLUDING SUCH USE BY REPRODUCTION IN COPIES OR PHONORECORDS OR BY ANY OTHER MEANS SPECIFIED BY THAT SECTION, FOR PURPOSES SUCH AS CRITICISM, COMMENT, NEWS REPORTING, TEACHING (INCLUDING MULTIPLE COPIES FOR CLASSROOM USE), SCHOLARSHIP, OR RESEARCH, IS NOT AN INFRINGEMENT OF COPYRIGHT.”

OUR BLOG POSTS, WEBSITE CONTENT, AND WRITTEN MATERIAL, IN GENERAL, MAY CONTAIN PORTIONS OF CERTAIN COPYRIGHTED WORKS THAT WERE NOT SPECIFICALLY AUTHORIZED TO BE USED BY THE COPYRIGHT HOLDER(S), BUT WHICH WE BELIEVE IN GOOD FAITH ARE PROTECTED BY FEDERAL LAW AND THE FAIR USE DOCTRINE FOR ONE OR MORE OF THE REASONS MENTIONED IN SECTION 107 OR REASONS STATED IN FAIR USE COURT CASES.

IF YOU HAVE ANY SPECIFIC QUESTIONS OR CONCERNS ABOUT OUR CONTENT OR OUR POSITION ON FAIR USE RIGHTS, PLEASE CONTACT US BEFORE TAKING ANY OTHER ACTION SO WE CAN DISCUSS THE MATTER IN A POLITE, FRIENDLY MANNER.

Court cases have ruled that the Fair Use Doctrine allows portions of third-party content to be included along with our original content in good faith for purposes such as criticism, parody, comment, analysis, product reviews, news reporting, teaching, education, illustration, scholarship, or research, with no substantial negative effect of the use upon the current or potential commercial market for or value of the copyrighted work.

Our Fair Use content may create more awareness and interest in the original work, subject matter, or other related content sources benefiting you and others by our information, mention, referral, recommendation, or organic linking.

See our blog post on Copyright Fair Use Doctrine for more information.

17.3 COPYRIGHT AND TRADEMARK, ALL RIGHTS RESERVED

The domain name abclegaldocs.com was registered on January 14, 2008, and the first website content was published at that time. The first post to the Colorado Notary Blog was added on May 29, 2012.

ALL RIGHTS RESERVED IN OUR WEBSITE, WEB FEED, BLOG CONTENT, FORUM, EMAIL, CONVERSATIONS, PHOTOS, IMAGES, GRAPHIC ART, DESIGNS, PRESENTATIONS, WORK PRODUCT, PRINTED MATERIALS, AND INTELLECTUAL PROPERTY (IP).

Unless otherwise noted, permitted, licensed, or excepted by the Fair Use Doctrine or other law, the contents of this website and blog, forum, web feed, our email and conversations, photos, images, screenshots, graphic art, infographics, drawings, designs, diagrams, illustrations, charts, graphs, audio, and video recordings, presentations, printed materials, contact information, and any associated forms, fee schedule, reports, PDF files, agreements, or other documents, are protected by U.S. and international copyright laws, and other laws. Violations of copyright laws may result in civil damages and/or statutory damages up to $150,000 per infringement.

The IP Owner or agent may contact the business owner, registered agent, webmaster, DMCA agent, Internet Service Provider (ISP), or another hosting provider of any content believed to be in violation of copyright or trademark laws, and request that the service provider remove the infringing content or hotlink, under copyright laws, trademark laws, website Terms of Use, or other laws or agreements. User agrees that enforcement of copyright, trademark or other laws or agreements shall not require evidence of registration or registration number.

Any and all intellectual property (IP) rights associated with our website, web feed, blog, forum, forms, reports, and other documents, including its content, are the sole property of the current IP Owner, unless transferred or licensed to another party, and are protected by the United States and international copyright, trademark, and other laws. Elements of the website, blog, forum, and other documents are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied, scraped, translated, or imitated in whole or in part, or used to create derivative, translated or similar works, without written permission or an exception under the law.

All custom graphics, icons, brands, and logos depicting the company, its products or services, the business name ABC Legal Docs, LLC, the website name abclegaldocs.com, and “Colorado Notary Blog” that appear on the website, blog, forum, social media, email, correspondence, marketing material, educational material, presentations, and other documents, are trademarks (TM), brands, service marks (SM), or trade dress of the current IP Owner, protected by law.

User may not copy, store, hotlink, display, modify, translate, transmit, adapt, post on any website, blog, social media, or forum, resell, decompile, reverse engineer or disassemble any part of the website or its content, or its HTML code, our email, text message, chat message or conversation, without written authorization from the current IP Owner. We do not convey or imply to anyone, by allowing access to the website, or web feed, any ownership or licensing rights in the website or in any content appearing on or made available through the website.

Our RSS/Atom web feed, if any, is made available for personal use for the convenience of consumers using an RSS/Atom reader, aggregator, or other application. Any redistribution, copying, quoting, citing, or commercial use is restricted by our Terms of Use copyright policy and copyright law.

17.4 LIMITED USER RIGHTS TO CONTENT USE

We have spent a considerable amount of time, talent, skill, effort, labor, and expense, doing research, analysis, writing, re-writing, proofreading, editing, creating, designing, and maintaining this website, blog, forum, and its associated documents, and it is our work product and intellectual property (IP).

Unless you have other written permission from us, website and blog visitors are granted only the limited rights to read, read publicly, print, print to PDF files, share a link by social media, share a link or blog post excerpt by email, retain, and distribute the printed copies or PDF files of the information on this website and blog, only for non-profit private, personal, family, workplace, group, association, non-competitive, non-commercial, non-litigious, or educational use, or to do business with ABC Legal Docs, LLC.

You agree to check periodically, at least every 6 months, for updated revisions of the information and shall only use or distribute the latest version after a compliance review by your legal advisor.

Use by any person, entity, agency, organization, or business using content, data, image or contact harvesting, or content hotlinking, display, extraction, copying, storage, screen capture, or scraping, or using scraped data or content acquired from another party, is prohibited, without our written permission.  Users, including approved search engines, agree to honor all robots.txt file access restrictions, including Disallow.

User may not remove, crop, hide or change any copyright notice, logo, trademark, TM, service mark, SM, author, owner, proprietary notice, label, mark, or watermark from any copy of our content.

Failure to request written permission when required or any use that is unlawful, unauthorized, unlicensed, or unapproved by current IP Owner, or used in any act of self-promotion, commercial use, financial gain or benefit, copying, scraping, using scraped data or content, plagiarism, fraud, deception, competition, slander, defamation, libel, or invasion of privacy, shall be evidence of bad faith.

Parties interested in copying, printing, displaying, or ingesting our content for artificial intelligence (AI), must submit a written request for approval, by mail or email, using our Copyright Permission Request Letter, or a similar written request.

17.5 SERVICE FEE FOR INFRINGEMENT

If we discover any of our content or intellectual property (IP) has been used or displayed without our written permission, or in violation of any law or our Terms of Use, the current IP Owner may file a notice of copyright infringement or trademark infringement with a webmaster, business owner, compliance officer, registered agent, publisher, Internet Service Provider (ISP) or another hosting provider, or a notice of violation with the offending User, law enforcement, regulatory agency, Better Business Bureau (BBB), Google, or trade association.

The offending User agrees to pay IP Owner for the time, knowledge, use of resources, diversion of mission, research, and expense in gathering information, seeking legal information and advice, writing a complaint or notice, and submitting the complaint and/or notice, a service fee of Five Hundred Dollars ($500), to be paid promptly, within ten (10) days of receipt of notice or invoice, plus any and all costs for legal counsel, legal notices, mailing, incidental expenses, court costs, late fees and collection fees regarding the matter.

17.6 DAMAGES FOR DUPLICATE CONTENT

Search engines such as Google can detect duplicate website or blog content and may penalize a website for displaying duplicate content. If you copy, hotlink or translate our content and display it on your website or blog, your website or blog may be penalized by a search engine for duplicate content. If you copy, hotlink or translate our content and display it on your website or blog, our website or blog may be penalized by a search engine for duplicate content.

If our website or blog is penalized for duplicate content because you have copied, scraped, hotlinked, or translated and displayed our content, you will be held liable and agree to pay for our estimated damages in lost or damaged search engine ranking, lost revenue, customers, business, or reputation, plus our legal costs and service fee cost of Five Hundred Dollars ($500) to contact the search engine company to report and explain that you have copied, scraped, hotlinked and displayed our content without the written permission of the IP Owner.

17.7 SERVICES FOR HIRE

Absent any written permission from the current IP Owner, any unauthorized copying, scraping, translation, or use of any portion of this website or blog, including facts, names, and contact information, shall be deemed as an implied agreement, acknowledgment, and acceptance by the User to hire, compensate or pay restitution to IP Owner in the amount of Five Thousand Dollars ($5,000) per full or partial web page, for the use of our property or work product.

Copying, scraping, using scraped data, or use of any portion of the property or work product by User shall be evidence that the property or work product is considered valuable, useful, or beneficial. Further, IP Owner shall be entitled to fifty percent (50%) of the revenues where any portion of our property or work product was used for a sales, rental, licensing, advertising, publicity, or marketing purpose without written permission of the IP Owner.

User agrees that it would be unethical, inequitable, or unconscionable to use or enjoy the benefit of IP Owner’s property or work product without paying for it. User agrees to make prompt payment, within ten (10) days, of first use of property or work product, or when notified or invoiced by IP Owner of the amount due, whichever occurs first. Failure to pay promptly shall be considered a breach of contract, failure of consideration, theft of services, theft of property, and unjust enrichment by the user.

17.8 COPYRIGHT AND TRADEMARK AGREEMENT

User agrees not to seek any declaratory judgment regarding the validity of IP Owner’s copyrights, logo, brand, tradename, domain name, trademarks, or other rights.

17.9 DMCA Designated Agent

If you believe in good faith that your copyrighted work has been posted on our website, blog, or other online media without authorization or lawful exception, please mail or email written notice of the claimed infringement, under penalty of perjury, to our DMCA Designated Agent using our DMCA Takedown Form,  which includes the elements required under copyright law 17 U.S.C. 512(c)(3)(A),

Infringement Warning: In appropriate circumstances, access by users, subscribers, and account holders of our website, blog, system, or network who are repeat infringers will be blocked, banned, restricted, or terminated.

DMCA Takedown Notice fillable

ABC Legal Docs, LLC
Attn: DMCA Agent
Colorado Springs, CO
DMCA Contact

IF YOU DO NOT ACCEPT THESE COPYRIGHT AND TRADEMARK TERMS, DO NOT USE, COPY, SCRAPE, OR TRANSLATE ANY PORTION OF OUR WEBSITE, BLOG, FORUM, OR PRINTED MATERIALS.

18.0 BLOG TERMS OF USE

18.1 CORRECTION POLICY

The goal of our blog posts is to be correct at the time of publication. Any verified significant errors of fact will be promptly corrected in a clear and timely manner upon our discovery or receipt of email notification of the error. To report an error requiring correction or clarification, send an email to the address shown in Contact Us. Include your contact information and evidence to substantiate your claim. The author or editor will investigate the facts, and if verified, publish a correction at the end of the original post, with the word Correction, the date of correction, and an explanation.  If your claim is trivial, irrelevant, unsubstantiated, controversial, based on opinion rather than credible facts, obsolete, or incorrect, no action will be taken.

18.2 RETRACTION POLICY

To report a factual error in a blog post requiring retraction, the appropriate person should send an email to the address shown in Contact Us. The email must identify every false, factual assertion allegedly contained in the post, and explain with specificity what the true facts are. We may require documents or other evidence to support the claimed factual errors. We will investigate the facts, and if verified, subject to legal review, publish a retraction at the end of the original post, with the word Retraction, the date of retraction, and an explanation.

18.3 BLOG COMMENTS POLICY

18.3.1 Comment Form Guidelines

Comments must include your true name, not keyword names, and a valid, reputable email address. Anonymous or pseudonymous posts, comments, spam, and the use of artificial intelligence to generate content are prohibited.

18.3.2 Email Privacy

Valid email addresses are required for commenting, and are not published on the blog, nor shared. They may be used by the blog moderator to privately contact the commenter. Email addresses may be provided to law enforcement or other parties for investigation of unlawful acts, spamming, or violations of our Terms of Use.

18.3.3 Commenter Privacy and Protection

All email, addresses, phone numbers, and any private and personal information posted in any comment may be deleted upon discovery to protect the privacy of the party. Do not include private, non-public information or violate privacy rights or publicity rights within a blog post or comment.

18.3.4 Language and Manners

Comments, emoticons, emojis, emotes, icons, symbols, audio, video, or images considered by the blog moderator to be inappropriate, rude, offensive, obnoxious, insulting, taunting, disrespectful, childish, asinine, snarky, inflammatory, antagonistic, angry, hateful, abusive, defamatory, derogatory, threatening, inciting violence, abuse, harassment or unlawful acts, illegal, lewd, pornographic, indecent, vulgar, or using nudity, profanity or obscenity, may be edited or deleted. Be truthful, respectful, mature, professional, and polite. Comments by trolls, agitators, hecklers, bullies, and arrogant, self-centered immature jerks will be deleted.

18.3.5 No Personal Attacks

No personal or ad hominem attacks are permitted in the blog comments. You may question, debate, or add more to the content, but do not personally threaten, harass, bully, attack, defame, insult, taunt, use name-calling, or ridicule the blogger, moderator, any commenters, business, or other parties. Online threats of bodily injury or property damage, harassment, and obscene comments directed at another person are criminal offenses, punishable under Colorado law CRS 18-9-111(e) Harassment [new window].

18.3.6 Value-Added Helpful Comments Required

To maintain high-quality content and show respect for the valuable time invested by our readers, online community, and search engine optimization (SEO), our blog comment policy requires User-Generated Content (UGC) to be relevant value-added helpful comments or questions only, not spam, trash or low-quality generic comments.

All blog comments are moderated and pruned before posting. Please follow these blog comment policy rules for your comment or question to be approved:

a. Value-Added. Comments must be unique, civil, high-quality, truthful, correct, fact-checked, on-topic, helpful, and add value, engaged in or related to the blog post topic, content, or conversation, such as your personal or professional experience, knowledge, opinions, questions, action items, results, benefits, suggestions, advice, alternatives, or additional information or resources to help readers.  Do not repeat the same points already made by other comments.  Add new useful, helpful content or a relevant question.  Do not include comments regarding cosmetic issues, appearance, colors, fonts, text size, page speed, security, browser issues, or technical issues.

b. Relevant Keywords. Comments and questions must include one or more relevant keywords, keyword variations, synonyms, or long-tail keywords, related to the post topic, to strengthen the post content, and to show evidence that you are a human reader of the post content, not a spam bot.

c.  Minimum Comment Length. A thoughtful, relevant, meaningful comment, 25 words or more, with relevant keywords, has more content value than short, quick, one-line, generic comments under 25 words. The maximum length should be a few sentences or paragraphs, not a full-length blog post.

d. No Generic Comments. Short, thin, generic Thank You comments of approval, agreement, praise, flattery, likes, compliments, or appreciation such as “thank you, great post, best article, great blog, good info, very informative, thorough, well written, keep on writing, answered my question, solved my problem, I like this idea, or I agree”, with nothing more meaningful or helpful included, detract value, are not relevant, and are considered harmful generic comment spam. They dilute the post, are not helpful, lower SEO value, consume database storage space, waste the valuable time of readers, slow down page loading time and make extra work for the moderator to remove them.

e. No Trash Comments. Comments containing repetitive, incorrect, outdated, unhelpful, off-topic, irrelevant, nuisance, trivial, incoherent, nonsense, irrational, illogical, delusional, absurd, misunderstood or misleading information, foreign languages, false, fake, unverified or unsubstantiated claims, unauthorized or unqualified legal opinions, post excerpts only, or unrelated keywords, or containing spam words or links, are considered harmful, unhelpful comments, detract value and may be deleted.

f. No Attack Comments. Comments that threaten, attack, insult, belittle, taunt, heckle, ridicule, harass, inflame, troll, or defame or are anti-social, uncivil, obscene, offensive or objectionable to us, readers, users, minors, or others, or discourage others from participating, or violate our Terms of Use, detract value, are attack comments and may be blocked, deleted and reported. If you continue to submit or post comments, content, questions, reviews or contact us again after receiving a cease and desist notice, your unwelcome actions shall be reported as harassment.

g. Social Sharing. If you like a blog post or find it valuable, you can add value and show your appreciation by adding a positive review, liking or sharing it on social media, or adding a link using proper keyword text from your relevant website, forum, or blog post to our blog post.

h. Allow Backlinks. If you have a thematically relevant or related blog or forum and post a comment to our blog, you agree to allow us to post a high-quality post or comment on your blog or forum, including a backlink to our website. You may make the link dofollow or nofollow.

i. Seeded Comments. We may add seeded discussion questions in the comments that we post after writing an article. These ice-breaker questions may help to start or expand comments and discussion among other readers, adding more value and interaction.

j. Comments Closed. We may close comments after a certain date or after x days or when there is no recent activity or when the topic may become outdated or superseded by newer laws or no longer useful. New comments on old, cold posts with no other recent comments are often spam.  Comments are closed on posts relating to pre-RULONA laws, rules, information, and procedures that were superseded by RULONA laws and rules on July 1, 2018.

k. Featured Comments. We may thank and feature high-quality value-added comments.

18.3.7 Comment Spam Prohibited

Our blog comment policy prohibits spam, trash, low-quality, unhelpful, and offensive comments.

a. No Spam. Do not add comment spam.

b. Spam Removal. Any offensive or objectionable blog comment or included web link, domain name, username, keywords, email address, or IP address known, suspected, spam blacklisted or considered to be comment spam or from a spam, irrelevant, malware, ransomware, crypto-mining, phishing, pornography, unlawful, foreign or malicious source may be filtered, blocked, moderated, marked as spam, saved as evidence, and deleted.

c. Generic Comment Removal. Short, thin, low-quality generic comments under 25 words are often comment spam or trash.

d. Unrelated Business. Comments originating from an unrelated business or a backlink-building marketing campaign are often comment spam.

e. Spam Reporting. Comment spam may be reported in good faith as spam to alert and inform other parties, including Google, other search engines, spam blacklists, employers, BBB, online reviews, trade associations, ethics committees, and government authorities.

f. Offensive Content. Any comment or content added that violates the law or our Terms of Use shall be considered offensive and objectionable. The offensive material may be screened or blocked in good faith to restrict access to or availability of the material. Federal law provides protection from liability under 47 U.S. Code § 230 – Protection for private blocking and screening of offensive material.

g. Spam-bots. Auto-generated comment spam from spam-bots often uses poor, incorrect, or awkward grammar, spelling, or punctuation, and may leave the same, copied, plagiarized, spin text, or similar worthless generic comments on many posts or websites to insert spam words or web links.

h. Spam Nofollow Links. Spam links may be blocked, deleted or HTML tagged as nofollow and will not help improve your search engine page rank.  We do not pass our hard-earned high-quality reputation and high Domain Authority (DA) to spammers. Linking to sites that Google considers spammy can lower the reputation of our site.

i. Foreign Comments. Spam-bots often originate from an IP address in a foreign country. We may block comments or IP addresses from foreign countries, outside of our business market.

j. Fake Email. Spammers may use a fake, false, missing, or misspelled email address and have no Gravatar (Globally Recognized Avatar). Check email address for Gravatar at Gravatar check [new window].

k. Affiliate Spam. Spam from sales reps, agents, affiliates, and network marketing spammers may be reported to the business that you represent or are affiliated with that sells or delivers the product or service or pays the commission, to alert them of your spam activities.

l. Spam Filter. We use WordPress spam filter plug-in software Akismet and Anti-Spam by CleanTalk. Software sometimes flags or filters out a legitimate comment, known as a false positive.  We will seek to prevent false positives and allow valid comments to be posted.

m. No URL Shortening. The use of shortened URL links is prohibited since disguised links may lead to spam or malicious websites. Use full URLs for links.

Thank you for following our blog comment policy and adding high-value comments to maintain high-quality user-generated content.

18.3.8 Editing Rights

The blog moderator, administrator, contributor, editor, and/or author reserve the right to edit, delete, move, spell check, grammar check, quality check, or mark any comment as irrelevant, off-topic, unproductive, unhelpful, trivial, worthless, nuisance, false, incorrect, misleading, generic, suspicious, illegal, unlawful, political, religious, or spam.  Editing shall be done for quality control, civility, and compliance with our terms, but shall not materially change the original intent, opinion, message, or substance of user-generated content.

18.3.9 If Your Comment Does Not Appear

If you leave a comment and it does not appear within one business day, and it does not violate this policy, contact the moderator by email.

18.3.10 Blog Responses

A response to a blog comment may be received on the blog, privately by email, or by another communication method. The blog moderator may choose not to respond to some or all comments or may respond at a later date.

18.3.11 Web Links

Blog comments containing an outgoing weblink are sent to the spam filter and blog moderator, which may delay your comment from appearing. Single web links to active, high-quality, authority, or thematically relevant websites or blogs, located in the U.S., from non-competitors, are allowed, at the discretion of the blog moderator. You may contact the blog moderator by email to discuss including a web link in your comment. Broken links to websites or blogs, or links to spam, low-quality, or undesired websites, will be deleted. We may add a note or code if the link is a paid, sponsored, affiliate, reciprocal, or interested party link. We are not responsible or liable for content on other websites, forums, or blogs.

18.3.12 Trackbacks Are Comments

Trackbacks will be treated as comments.

18.3.13 Commenters Blocked

Any person, group, or entity that violates this policy or any terms of use may be removed, banned, suspended, or blocked from commenting or from blog access. Comments originating outside of our market territory, from foreign countries, in a foreign language, from known or suspected spammers, or violating Google rules, may be blocked or removed.

18.3.14 Hold Harmless

All comments within this blog are the sole responsibility of the commenter, not the blog owner, moderator, administrator, contributor, editor, or author. By submitting a comment, you certify that the comment content is your own, not generated by artificial intelligence (AI), not protected by copyright or trademark, all facts are true and correct and do not violate any laws or rules, or regulations.  User-generated content is posted “at the direction of a user”.

All users agree to indemnify and hold harmless this website, ABC Legal Docs LLC, and all its members, officers, agents, subsidiaries, and representatives, from any and all repercussions, loss, damages, or liability caused by other users.

Section 230 of the Communications Decency Act, 47 US Code, states: No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

18.3.15 All rights reserved

Any and all rights not specifically mentioned in this policy are reserved. No rights are waived.

18.3.16 Assumption of Risk

Use of our blog, comments, and any information, weblinks, businesses, products, or services mentioned is AT YOUR OWN RISK.

18.3.17 Blog Reviews

We welcome your blog reviews, individual blog post reviews, star ratings, and helpful suggestions for improving our blog.  Our blog is a service that may provide opinions and useful information to answer questions, but it is not legal advice.

19.0 CITATIONS AND BACKLINKS TO OUR WEBSITE, FORUM, OR BLOG

If you post an editorial link or copy, quote, summarize or refer to any content on our website, forum, blog post, or blog page, you agree to include a correct, complete citation in the following form, and to keep the information accurate and up-to-date with any changes.

For a link to our website page, write the title of the page and include a hyperlink to the page.  For example, Mobile Notary Public, Colorado Springs as the title, with a link to abclegaldocs.com/blog-Colorado-Notary/mobile-notary/

For a document or legal form, write the title of the document and include a hyperlink to the document.  For example, Colorado Statutory Power of Attorney PDF [new window]

For a blog post, write the title of the post and include a hyperlink to the post.  For example, How to Notarize a Power of Attorney in Colorado

For a photo or image, write the title of the photo or image and include a hyperlink to the photo or image.  For example, Colorado Notary Training logo JPG [new window]

You agree that you will not use an alternate title or link such as source, website, click here, see article, see blog post, see image, or a shortened title or shortened link.  The title and link must include the original keywords so readers and search engines can search for and find the keywords and link.

Because website, forum, and blog contents, images, and documents may change or get updated at any time, we recommend that you include the date of publication or most recent revision of the web page, document, blog page, blog post, or image, and the date of retrieval.  You may include this information in a reference or bibliography list. You are responsible for updating and correcting your content promptly if our source content changes over time.

You may not post a backlink, hotlink, citation, misquote, or reference to our website, forum, blog post, or blog page, in any manner that causes a problem, confusion, harm, or damage to our search engine rank, website, traffic, visitors, sales, business, or reputation, in our sole opinion.

You may not post a backlink, hotlink, citation, or reference from a website, directory, article, category, forum, or blog post that is not relevant to our industry, blog topic, or category, including a link page, spam site, low-quality site, low Domain Authority site, poor reputation site, malware site, inactive site, foreign site, political, religious, hate or pornography site, or any site that supports or engages in illegal discrimination, data scraping, using scraped data, unethical or unlawful acts, that violates the Google search quality rating guidelines or does not include the site owner’s current name, address, email, and phone number information for transparency.

A spam site shall be defined as a website or web page that has a Spam Score of 30% or higher as measured by Moz.com Link Explorer.  A low-quality site shall be defined as a website or web page that includes any scraped data, or low-quality or lowest-quality Page Quality factors as described in the Google search quality rating guidelines. A low Domain Authority site shall be defined as a website or web page that has a Domain Authority (DA) of 20 or lower as measured by Moz.com Link Explorer. A poor reputation site shall be defined as a website operated by a business or organization that has a BBB rating below C, or unanswered complaints or questions shown on a customer review website, or a customer review rating below C or 3 stars on a customer review website including the BBB, TrustPilot, Google Search and Maps, Facebook, Amazon, and Yelp.

Hotlinking shall be defined as directly linking, embedding, or displaying a file, such as a photo, graphic, chart, image, video, audio, animation, or any other digital asset, that is hosted on another site. You may not copy or display our content on your website, directory, or blog without our written permission.

You may not claim, control, create, complete, publish, change or remove a business profile or directory listing that includes our business name, address, information, logo, trademark, or a backlink or citation to our website, forum, or blog without our express written approval. You are not authorized to act as an agent or spokesperson on our behalf without our express written approval. We shall decide which business directories, categories, languages, descriptions, and profiles we want to use, join, support, and what information we want to include.

You may not post an incorrect or outdated business name, contact name, address, business description, product or service, affiliation, business hours, fee schedule, policy, category, web link, photo, image, logo, trademark, phone number, or email address for our business.  Information must be checked and updated at least every 3 months to remain reasonably current. You may not list or describe our services as an attorney, lawyer, law firm, legal services, notario, notario publico, or civil law notary, or any other product or service that we do not offer.

You may not post any customer review, blog review, blog comment, forum post, or complaint if the statements are unsubstantiated, without merit, incorrect, false, misleading, half-truth, deceptive, erroneous, illegal, or confidential, or if you do not have a receipt or other evidence of a completed purchase transaction for our goods or services.

If you post a backlink or citation to our website, forum, blog post, or blog page, you agree that we may list your website, name and/or business name, location, and logo on our website, forum, or blog.

We periodically detect and review backlinks, hotlinks, and citations. Upon receipt of written notice from us, you agree to correct or remove, within one business day, any non-compliant backlink, hotlink, citation, content, description, listing, scraped data, or reference to our business, website, forum, or blog that does not comply with our Terms of Use.  We appreciate high-quality backlinks when used properly.

If you violate our backlink, hotlink, citation, content, reference, or blog review terms, you agree to pay $10 per day in damages, or actual damages if greater, plus our costs of enforcement of these terms, for each backlink, hotlink, citation, content, reference or blog review in violation, until the violation is corrected or removed.

20.0 AUTHORIZED USE, WEB BOTS, RESEARCH, COMPUTER CRIME, PHONE CRIME

Authorized use of our computers, systems, networks, devices, email, phone, accounts, software, content, data, property, time, effort, and resources shall be solely for our intended business purpose and according to our Terms of Use and expected norms of intended use.  Any other use, or attempted use, for any reason or intent, by a human, web bot, electronic agent, data scraper, data broker, tool, or software, is prohibited and will be considered an unauthorized use or exceeding authorized access unless you have received an advance written authorization agreement signed by our security officer.

Unauthorized use includes, but is not limited to:
Using our content as input to train any artificial intelligence (AI) model without prior written authorization shall be considered copyright infringement.
Testing for security vulnerabilities without prior written authorization and scheduling.
Using hacking, probing, data modifying, erasing, copying, logging, or monitoring tools, software, devices, tactics, or methods.
Gathering, scraping, or using information or data scraped from our website, content, accounts, or systems for commercial use, sale, auditing, or technical support without our prior written agreement.
Physical testing or taking photos of our facilities, doors, windows, access, locks, sensors, security systems, alarms, cameras, security lighting, computer systems, or resources.
Social engineering, phishing, smishing, vishing, spam, spoofing, false or deceptive advertising, claims or invoicing, other suspicious emails, and any other non-technical vulnerability testing.
Causing network denial of service (DoS) or Distributed DoS (DDoS) or actions that impair access to or damage availability to our system or data.
Actions that consume high network bandwidth, storage space, or are resource-intensive.
Using rainbow tables, password guessing, logging, bypassing, cracking, or brute force access.
Using an exploit to exfiltrate data, establish command line access, or establish a persistent presence on our system.
Testing third-party applications, software, hardware, websites, or services that integrate with or link to or from our system.
Scanning our website or blog for search engine optimization (SEO) analysis.

Accessing files or web pages that are disallowed in our robots.txt file, not listed in our sitemap files, or that contain restricted information.
Attempting to probe, test, bypass, intercept, weaken, deceive, break, hack, brute force, crack, interfere with, defeat, or disable any security, protection, restriction, payment, or privacy features, measures, audit logs, or controls including a login page, username, password, passphrase, password reset, PIN, security question, or two-factor authentication.
Attempting to falsify, tamper with, disguise, spoof, intercept, or impersonate any name, business name, phone number, address, bill, statement, invoice, caller ID, email, text message, direct message, or blog post.
Attempting to insert, attach, enable or link to any computer virus, malware, ransomware, spyware, Trojan horse, worm, keylogger, crypto mining, phishing, spam, or spoofing scheme.
Attempting to alter, tamper with, move, add, delete, damage, deface, destroy, erase, encrypt, decrypt, lock, attack, intercept, divert, interfere with, hinder, block, hotlink, share, or retain any software, firmware, accounts, passwords, privileges, settings, restricted data, web page, blog, content, files, folders, contract, agreement, correspondence, database, contact list, or records.
Attempting to change, damage, add, remove, suspend, or overload any system, device, or equipment including computers, servers, printers, data storage, cell phones, internet service, network, routers, or modems.
Interfering with the normal operation of our business, office, vehicles, vendors, suppliers, contractors, website, blog, email, phone service, or utilities.

If you violate any of our Terms of Use, you agree that any previously authorized use of our website, blog, content, email, text messaging, computers, or services is immediately rescinded. Any further attempt to use or access our content, systems or services is without authorization.

For any damages, computer crime, or phone crime you commit against us, as described by Colorado statute CRS 18-5.5-102 Computer Crime, 18-9-111 Harassment, 18 U.S. Code § 1030 Computer Fraud and Abuse Act (CFAA), FCC rules, FTC rules, or by other state or federal law or rule, or our Terms of  Use, you agree to pay us a minimum of $2,000 in damages, or if greater, the total amount of actual damages, for our time, expense, investigation, incident response, consulting, mitigation, loss of income, loss of customers, damages to equipment, data, content and software, reputation, business availability, continuation and recovery, and other related costs.

Under Colorado law, a computer crime with damages of $2,000 or more is a felony.

We primarily serve Colorado residents, but we may occasionally have some customers and transactions affecting interstate or foreign commerce or communication where federal law applies.  Our computers, servers, website hosting, domain registrar, blog hosting, email service, electronic messenger, VPN, file storage, and cloud storage locations may be outside of Colorado or outside of the United States.

If you contact us and spoof, hide, or falsify your caller ID, phone number, name, business name, address, location, purpose, or email address, or you continue to contact us by phone, text message, or email, after we have requested or demanded that you cease and desist further communication, each spoofed, falsified, hidden identity, or unwelcome contact shall be considered an intentional act of harassment, with no legitimate purpose, subject to fines and imprisonment as prescribed by state or federal laws or rules.

21.0 VENDOR QUALIFICATIONS, CONDUCT, VENDOR RATING

All current or prospective vendors offering goods, products, services, bids, proposals, or information, bills, statements, or invoices, that contact us or solicit us for business or that we have selected to use must meet our minimum due diligence and compliance qualifications and follow ethical business practices to maintain approved vendor status.  We consider the following vendor rating factors when selecting, using, and removing vendors.  We do not screen or guarantee that advertisers or sponsors meet the same minimum requirement that we use when selecting our vendors.

We reserve the right to deny, suspend, or terminate any advertiser or sponsor that is found, in our sole discretion, to be in violation of laws, regulations, contracts, agreements, terms of use, reasonable security practices, or ethical business standards and practices.

1. Transparency [0 to +28 pts]
1. Listed in Better Business Bureau (BBB) directory, complete business profile. [0 to 4 pts]
2. Listed on Google Maps, business name, website, mailing address, phone. [0 to 4 pts]
3. Maintains a business website with contact information including business name, mailing address, email, and phone number. [0 to 4 pts]
4. Maintains a Facebook page with contact information including business name, mailing address, email, and phone number. [0 to 4 pts]
5. Includes contact information in email, invoices, correspondence including business name, mailing address, email, and phone number. [0 to 4 pts]
6. Business or principal staff members maintain current profiles on LinkedIn. [0 to 4 pts]
7. Business website includes company history, background info, or About Us web page. [0 to 4 pts]
Note: An online business is not required to have a physical business address but must provide a mailing address.

2. Reputation, Character [-30 to +18 pts]
1. BBB rating C or higher.  [F -4, E -3, D -2, NR 0, C +2, B +3, A +4]
2. Google customer review rating three stars *** or higher.  [1* -3, 2* -2, NR 0, 3* +2, 4* +3, 5* +4]
3. Facebook customer reviews rating three stars *** or higher.  [1* -3, 2* -2, NR 0, 3* +2, 4* +3, 5* +4]
4. Business age, in years [0 or unknown 0, 1 yr +1, 2 yrs +2, 3 yrs +3, 4 yrs +4, 5-9 yrs +5, 10 yrs or more +6]
5. Credible complaints of scam, fraud, or selling fake, counterfeit, defective, used, expired, substitute, malware, or worthless items. [-20 to 0 pts]

3. Conduct, Ethics [-16 to +16 pts]
1. Follows a Code of Good Business Practices and Ethics, based on the industry group and the types of goods or services offered, for businesses of similar size, revenue, resources, and industry group, including membership standards of any trade association affiliations.  [-4, NA 0,  or +4 pts]
2. Operates in a responsible professional ethical manner, offers a warranty, guarantee, or refund, does not cause harm to its reputation or another’s reputation. [-4 to +4 pts]
3. Follows our Terms of Use in interactions with us, our other vendors, and our customers. [-4, NA 0,  or +4 pts]
4. Comments, opinions, actions, attitudes on social media, blogs, forums are mature/immature, professional/unprofessional, polite/rude. [-4 to 4 pts]

4. Qualifications [-16 to +34 pts]
1. Business has adequate resources, management, expertise, technology, certifications to provide quality product/service. [-4 to 4 pts]
2. Business has a blog showing subject matter expertise, incoming links from high domain authority websites. [-4 to +4 pts]
3. Business principals answer questions on industry/third-party forums, Q&A sites, with true and correct information. [-4 to +4 pts]
4. Business principals are recognized industry leaders, award winners, trainers, speakers, writers, developers, consultants. [-4 to +4 pts]
5. Website has detailed Terms of Use, Legal page. [-4 to +4 pts]
6. Website MOZ Domain Authority (DA), DA/10, rounded up/down. [0 to +10 pts]
7. Business, website uses advanced technology, Web3, secure email, blockchain, cryptocurrency, WordProof timestamp. [0 to +4 pts]
8. Website traffic, visitor monthly volume, in thousands, (for reference only, not used for vendor rating)

5. Pricing [-8 to +8 pts]
1. Prices clearly posted, competitive prices in their market. [-4 to +4 pts]
2. Charges unlawful prices or price gouging or gives donations or discounts during a disaster, emergency, or hardship. [-4 to +4 pts]

6. Compliance [-24 to +24 pts]
1. Business name registration in good standing with government agencies for corporation, LLC, sole proprietorship, or trade name. [-4  or +4 pts]
2. Business and professional licenses, certifications are in good standing. [-4  or +4 pts]
3. Website or Facebook page complies with local, state, federal laws, regulations, and web host terms of use. [-4 to +4 pts]
4. Business complies with state, federal consumer protection laws, Federal Trade Commission (FTC) rules, guidelines. [-4 to +4 pts]
5. Business engaged/not engaged in spamming, phishing, malware, unsolicited phone calls. [-4, NA 0,  or +4 pts]
6. Follows health and safety regulations, emergency orders, infection control protocols, uses personal protective equipment (PPE). [-4 to +4 pts]

7. Privacy, Security [-8 to +8 pts]
1. Follows required and relevant security and cybersecurity laws, rules, orders, terms, https, best practices from CIS and NIST for a business of its size, revenue, industry, and resources. [-4 to +4 pts]
2. Follows required and relevant privacy and confidentiality laws, rules, orders, terms, and best practices for a business of its size, revenue, industry, and resources. [-4 to +4 pts]

8. Environmental, Social, Governance (ESG) Policy [-16 to +16 pts]
1. Follows a green business policy to reduce consumption of energy and natural resources, recycling, e-cycling, repurposing, and reuse of used items. [-4 to +4 pts]
2. Works for social good by serving the community, industry, state, country, world, disadvantaged, or charities. [-4 to +4 pts]
3. Complies with Americans with Disabilities Act (ADA) including accessible use of website. [-4 to +4 pts]
4. Maintains a healthy positive productive work environment, responsive equitable effective adaptive management, continuing education, and improvement. [-4 to +4 pts]

21.5 False, Fake, or Deceptive Bills, Orders, Account Statements, and Invoices

Any written solicitation that is in the form or style of a bill, invoice, order confirmation, or statement of account due, and is sent, received, or delivered to us by delivery service, mail, email, text message, fax, or direct message, which is nonmailable under federal law, 39 U.S. Code § 3001 (d) – Nonmailable Matter, postal regulations, or sender or receiver service provider terms of service, or policies, shall constitute prima facie evidence that such sender is engaged in conducting a scheme or device for obtaining money, cryptocurrency, services, or property by false representations unless it includes one of the following notice, in bold, 30-point type, conspicuous and legible type, set apart and in contrast by typography, layout, or color with other text or printing on its face:

“This is a solicitation for the order of goods or services, or both, and not a bill, invoice, or statement of account due. You are under no obligation to make any payments on account of this offer unless you accept this offer.”

or, “THIS IS NOT A BILL. THIS IS A SOLICITATION. YOU ARE UNDER NO OBLIGATION TO PAY THE AMOUNT STATED ABOVE UNLESS YOU ACCEPT THIS OFFER.”

All solicitations, bills, invoices, order confirmations, or statements of account due must include the sender’s name, mailing address, phone number, website address, email address, and the order date, transaction date, purchase order number, itemized description of the goods or services, or both, ordered, itemized dollar amounts, delivery address, delivery method, tracking number, and delivery or completion date, as applicable.

No sender has permission to send a solicitation, bill, invoice, order confirmation, or statement of account due to us by email, phone, text message, fax, direct message, Square, Stripe, Venmo, or other payment processing account unless we have given our prior written permission, which we may revoke at any time.

If we abandon items in an online shopping cart or order form, without completing the order process, confirmation, shipping information, payment information, or checkout process, then we have decided against the purchase, no order has been placed, and you will promptly remove all items from the online shopping cart or order form without any further interaction.

Violations of this section will be reported to service providers and blocklists for account suspension, blocking, or termination, and as applicable to law enforcement, consumer protection agencies, regulatory agencies, trade associations, the Better Business Bureau (BBB), Federal Trade Commission (FTC), news media, and customer complaint and review websites.  Violations may carry civil liability for damages, criminal penalties, or both.

22.0 FEE SCHEDULE, CREDIT TERMS

You agree to promptly pay all fees, costs, and expenses as listed in our most recent Terms of Use and Fee Schedule, posted on our website, blog, or printed materials, in U.S. Dollars. Our prices and Fee Schedule are subject to change at any time.

You agree that our prices for products and services, fees, credit, interest, payment and collection terms and conditions, and other terms of use are fair, reasonable, and lawful, and you agree to not claim they are unfair, unreasonable, unlawful, excessive, oppressive or punitive.

Approval of credit and the maximum credit limit amount extended to businesses or individual customers is based on our credit policy. You grant us permission to investigate your personal and/or business credit history, account history, employment, assets, income, character, reputation, criminal history, resume, profiles, records, references, social media, forums, websites, directories, contact information, and other resources to analyze credit risk. You agree to pay in full any payment due, or any bill or invoice received from us, by the due date, or if payment is past due or late, to also pay any billing, mailing, incidental, late fees, interest, collection fees, legal fees, investigation fees, and court costs for us to collect the full amount owed. You agree that collection agency fees may be added to and included in the total amount due.

Typical invoice terms for businesses are Net five (5) days from the transaction date unless you request more time for your normal business accounting process. For all new customers, payment may be due on the date of receipt of our invoice. You can pay online by using a credit card or debit card accepted by our Square, Stripe, or Venmo account, shown on the invoice.  You will receive a receipt by email from the payment processor.  If payment is past due, you may not pay by personal or business check. You may pay online to our payment processor account or by mail to our business address with a money order or bank cashier’s check.

If several parties receive a product or service in the same transaction, all parties receiving the product or service agree to be held jointly and severally liable for full payment for the product or service received.

A bill, invoice, statement, notice, letter, message, demand, summons, complaint, answer, or another document, delivered in writing to one of the parties at a home or business address, shall be deemed delivered to all of the parties at that address.

Third-party Payment.  If an authorized agent or third party agrees to pay for a product or service but fails or refuses to pay by the due date, the party or parties who received the product or service agree to pay promptly, within three days, and all parties and agents agree to be held jointly and severally liable.

If an authorized agent or third-party schedules an appointment or places an order for another party to pay for and receive a product or service, but the receiving party fails or refuses to pay by the due date, the agent or party scheduling the appointment or placing the order agrees to pay promptly, within three days, and all parties agree to be held jointly and severally liable.  If you schedule an appointment or place an order on behalf of another party, you certify that you are acting under and within your current authority.

Debt Validation. If you dispute the validity of any debt or any portion thereof, you agree to deliver a written statement to us, within thirty days after your receipt of our notice, demand, bill, or invoice.  Otherwise, the debt will be assumed to be valid.

You agree to provide us with your current mailing address, phone number, and email address, so we may communicate by mail, phone, or email to complete or follow up on a transaction or to collect any payment due.

22.1 PAYMENT BY BITCOIN, DIGITAL CURRENCY, CRYPTOCURRENCY

If this website option is enabled, you may choose to pay by Bitcoin, Bitcoin Cash, Ethereum, or other digital currencies or cryptocurrencies currently listed on our Pay Here by Crypto page. You are responsible for using a high degree of care, following strong physical security and cybersecurity practices to protect your digital currency, private keys, and wallet from theft, hackers, tampering, eavesdropping, malware, security breach, operator error or omission, or other problem. We do not guarantee digital currency payment service capability, quality, reliability, accuracy, or availability. Rather than paying on our website, you can pay by using a digital wallet phone application when we meet in person.

The current and historic digital currency exchange rates we will use if needed are the rates posted by CoinMarketCap.com [new window].

We may require a waiting time for 2 to 6 blockchain confirmations for payment confirmation.  You certify that your Bitcoin or altcoin currency was obtained and transferred lawfully. We support the responsible, lawful use of cryptocurrency, blockchain, distributed ledger technology, peer-to-peer (P2P) transactions, and smart contracts. You are responsible for carefully typing, checking, and sending payment to the correct cryptocurrency address (public key hash). Bitcoin and Bitcoin Cash legacy addresses start with 1 or 3. Bitcoin Cash new CashAddr format starts with q. Ethereum starts with 0.

We do not buy, sell or exchange digital currencies. Digital currency and blockchain tokens are accepted for consumptive use only, exchangeable for the receipt of goods, services, or content, including rights of access to goods, services, and content, not for investment purposes or expectation of profit.

Keep careful track of your cryptocurrency purchase and sale dates, amounts, and prices.

23.0 SEVERABILITY, CORRECTIONS

If any part of this agreement shall be found to be unenforceable, or obsolete, that part shall be rescinded, modified, or amended to meet the original intent, and shall not invalidate the remaining parts.

We may modify, clarify or correct any typographical errors, omissions, ambiguities, or conflicting terms, including errors in price, date, spelling, grammar, pronouns, description, terms, scrivener errors, billing and invoice errors, advertising errors, or other errors, to meet the original intent.  The terms of this agreement shall control any conflicting terms in any referenced agreement or document.

24.0 30-DAY TIME LIMIT

You agree that regardless of any statute or law to the contrary, any claim, dispute, complaint, or cause of action arising out of the use of our products, services, information, website, blog, or related to our Terms of Use, must be filed in writing by you within 30 days after such claim, dispute, complaint or cause of action arose, or be forever barred. You agree that if we do not receive any written dispute or complaint within 30 days of your transaction, you certify that you are satisfied with your transaction, and you release us from any further expense, refund, liability, negative publicity, or use of time, money or resources.

25.0 LIABILITY RELEASE

To the maximum extent allowed by law, you ASSUME ALL RISK, and hereby RELEASE and HOLD HARMLESS, ABC Legal Docs, LLC, the IP Owner, and its members, officers, managers, and employees, from any and all losses or consequences incurred, for your failure to consult with a competent, experienced, licensed attorney regarding your specific legal questions, legal forms, needs, suitability and situation, including your misunderstandings, errors, and omissions when choosing, completing, submitting, signing or initialing documents.

To the maximum extent allowed by law, whether we are acting as an independent contractor, or as an agent for a principal, our maximum liability shall be limited to a full or partial REFUND, as appropriate, of the amount paid by a customer or principal for a product or service purchased from us.  In no event shall members, officers, managers, or employees of ABC Legal Docs, LLC, or the IP Owner, be held personally liable.

When we are acting as an agent for a principal, including Form I-9 ID verification, under a power of attorney, favor, or other agreement, contract, or special situation, the principal agrees to indemnify, reimburse, hold harmless and protect the agent against all claims, liabilities, injuries, damages, and expenses incurred in discharging express or implied duties on behalf of the principal.

Customers, visitors, principals, agents, litigants, and other parties agree to not seek to pierce LLC protection of ABC Legal Docs, LLC, or the IP Owner, to any LLC members, officers, managers, or employees, for any reason.

In any event, we are not liable for any consequential, incidental, direct, indirect, special, punitive, exemplary, negligent publishing, or other damages related to your use of our website, blog, information, legal forms, classes, products, or services, or delays or unavailability, even if we are advised of the possibility of such damages.

You agree that contract terms shall be considered fulfilled by us by substantial compliance, notary law compliance, good faith, and best efforts, under current conditions, when strict compliance is not possible, reasonable, or economical.

26.0 MEDIATION

If any valid and substantial problem, disagreement, controversy, claim, complaint or dispute arises that we cannot settle privately between us, both parties agree to submit the matter to a paid mediator in Colorado, and shall then attempt to resolve the matter, in good faith negotiations, through mediation services, for up to ninety (90) days, before pursuing any other remedies. The cost of mediation services for valid and substantial matters shall be shared equally. The cost of mediation and legal expenses for matters that are false, not valid, without merit, frivolous, predatory, malicious, unsubstantiated, or misdirected at the wrong party shall be paid by the party initiating such action. Mediation may be conducted in person, or remotely by audio or video connection, website, email, or written correspondence.

We shall not be bound to seek mediation services if you have acted in bad faith, failed to respond to or accept delivery of our complaint, request, question, email, phone call, text message, correspondence, bill, or invoice, violated any law, rule, regulation, contract, or website terms and conditions, copied or used any copyrighted content, trademark, private, confidential or non-public information, or contact information without written permission, or violated our Zero Tolerance Spam Agreement or Document Services Agreement.

27.0 LOCATION, CHOICE of LAW, VENUE, JURISDICTION

No walk-in office location. As an online and mobile service provider, we do not maintain a walk-in office or store location.  Any address shown in our contact information is a mailing address only, used for business mail and to receive payments by mail, not a walk-in office or store address.  We drive to our mobile notary and other appointments, and to teach classes, so we might be anywhere in the area when you contact us.  Notary services, notary training class registration, and other services offered are available online, on our website only, not at our mailing address.  Please do not drive to our mailing address for notary services or other services or to pay for services.

Choice of Law. These Terms of Use and any mediation or action related thereto, whether actionable in contract, tort, or otherwise, shall be governed in accordance with the laws of the United States and the State of Colorado, without regard to its conflict of laws provisions. The exclusive personal jurisdiction and venue of any legal action with respect to the subject matter of these Terms of Use will be mediation and the courts located in Colorado Springs, Colorado, and each of the parties hereto waives any objection to the choice of law, personal jurisdiction, and venue in such mediation or courts. The United Nations Convention on Contracts for International Sale of Goods shall not apply.

The laws of our state of primary LLC registration shall apply regarding the rights of ABC Legal Docs, LLC, the IP Owner, and our creditors. Our LLC and office location may be registered now or in the future in a location outside of Colorado.  We may change the choice of law, mediation, and court venue at our discretion.

No class action rights.  You waive the right to start or join any class action lawsuit against us.

Non-disclosure of mediation or litigation. If you or your employer are named in any matter involving alternative dispute resolution, mediation, arbitration, legal action, litigation, or settlement between us, you agree to maintain privacy, confidentiality, and security of evidence and shall not disclose any information related to the matter to any other parties. You agree to be held fully liable for any costs or damages caused by your breach of non-disclosure.

27.1 Blockchain Records as Evidence

Unless otherwise agreed, admissible evidence presented in disputes and mediation shall follow the federal and state Rules of Evidence.

We may create, store, use, and verify evidence, data, metadata, facts, records, audio, video, photographs, images, reports, logs, communications, correspondence, contracts, signatures, information, content, hash values, and timestamps as needed, using blockchain technology.

All issues, questions, and matters concerning the authenticity, authentication, admissibility, and presumptions related to facts, information, and records that are maintained, registered, or verified through an application of blockchain technology, shall be determined by this Agreement.

All parties agree to accept blockchain records and hash values as an acceptable form of evidence.

All parties agree to the following terms and conditions regarding the use of digital records stored on the blockchain
(a) Definitions:
(1) “Blockchain” means a cryptographically secured, chronological, and decentralized consensus ledger or consensus database maintained via Internet, peer-to-peer network, or other interaction.
(2) “Blockchain technology” means computer software or hardware or collections of computer software or hardware, or both, that utilize or enable a blockchain.

(b) Authentication, admissibility, and presumptions.
(1) A digital record electronically registered in a blockchain shall be self-authenticating if it is accompanied by a written declaration of a qualified person, made under oath, stating the qualification of the person to make the certification and:
(A) the date and time the record entered the blockchain;
(B) the date and time the record was received from the blockchain;
(C) that the record was maintained in the blockchain as a regularly conducted activity; and
(D) that the record was made by the regularly conducted activity as a regular practice.

(2) A digital record electronically registered in a blockchain, if accompanied by a declaration that meets the requirements of section (2)(b)(1) above, shall be considered a record of regularly conducted business activity unless the source of information or the method or circumstance of preparation indicate lack of trustworthiness. For purposes of this section, a record includes information or data.

(3) The following presumptions apply:
(A) A fact or record verified through a valid application of blockchain technology is authentic.
(B) The date and time of the recordation of the fact or record established through such a blockchain is the date and time that the fact or record was added to the blockchain.
(C) The person established through such a blockchain as the person who made such recordation is the person who made the recordation.
(D) If the parties before a court or other tribunal have agreed to a particular format or means of verification of a blockchain record, a certified presentation of a blockchain record consistent with this section to the court or other tribunal in the particular format or means agreed to by the parties demonstrates the contents of the record.

(4) A presumption does not extend to the truthfulness, validity, or legal status of the contents of the fact or record.

(5) A person against whom the fact operates has the burden of producing evidence sufficient to support a finding that the presumed fact, record, time, or identity is not authentic as set forth on the date added to the blockchain, but the presumption does not shift to a person the burden of persuading the trier of fact that the underlying fact or record is itself accurate in what it purports to represent.

(c) Without limitation, the presumption established in this section shall apply to a fact or record maintained by blockchain technology to determine:
(1) contractual parties, provisions, execution, effective dates, and status;
(2) the ownership, assignment, negotiation, and transfer of money, property, contracts, instruments, and other legal rights and duties;
(3) identity, participation, and status in the formation, management, record keeping, and governance of any person;
(4) identity, participation, and status for interactions in private transactions and with a government or governmental subdivision, agency, or instrumentality;
(5) the authenticity or integrity of a record, whether publicly or privately relevant; and
(6) the authenticity or integrity of records of communication.

(d) The provisions of this section shall not create or negate:
(1) an obligation or duty for any person to adopt or otherwise implement blockchain technology for any purpose authorized in this section; or
(2) the legality or authorization for any particular underlying activity whose practices or data are verified through the application of blockchain technology.

28.0 NO WAIVER OF RIGHTS

Any delay or failure by us to enforce our rights shall not be deemed a waiver of our rights, which shall remain in full force and effect. As per Uniform Commercial Code, UCC 1-308, Performance or Acceptance Under Reservation of Rights, we explicitly reserve our rights, without prejudice, if we perform or promise performance or assent to performance in a manner demanded or offered by you and do not prejudice the rights reserved.

29.0 EXPRESS CONSENT REQUIRED BY US

Express Consent Required by Us. No implied consent by Us. If you submit any item, product, service, offer, counter-offer, bid, proposal, request, inquiry, notice, information, document, fee schedule, demand, claim, pseudo-legal claim, comment, review, complaint, allegation, accusation, bill, or invoice to us, by any delivery method, you agree that silence, non-response or lack of a rebuttal, contradiction, denial, objection, rejection, return, correction, explanation or refutation from us does not confirm, deem, imply, infer, indicate, presume or ratify our tacit acquiescence, agreement, acceptance, approval or consent of your submission. Our agreement, acceptance, approval, or consent must be by express consent, made by us in writing, regardless of any prior dealings or other circumstances.

If you provide or submit any unsolicited item, sample, promotional item, demo, product, or service to us, without our prior express consent, you agree that it shall be considered as a free gift or donation, for us to keep, use or dispose of, as we choose, with no further obligation, return, payment or response due to you.

30.0 ASSIGNMENT, TERMINATION, SURVIVABILITY

We may assign or delegate this Agreement, in whole or in part, without your prior written consent, in connection with the transfer, exchange, merger, acquisition, spin-off, division, closure, dissolution, management, or sale of a portion or all of the assets of our business.  This Agreement shall be binding upon, inure to the benefit of, and be enforceable by the heirs, successors, and permitted assigns.  Any assignment, delegation, or transfer not in accordance with this Agreement shall be null and void, with no legal effect.

This Agreement may expire or be completed, suspended, canceled, rescinded, modified, amended, or terminated as specified in writing and as allowed by law.

In order that the parties may fully exercise their rights and perform their duties and obligations arising under this Agreement, any terms, conditions, rights, or provisions that are required to ensure such exercise or performance (including any obligation accrued as of the termination date) shall survive the termination of this Agreement and shall remain operative and in full force and effect.

31.0 ACCEPTANCE and AGREEMENT

If you use, access, copy, scrape, use scraped data, or continue to use our website, blog, forum posts, social media, information, legal forms, coupons, offers, customer reviews, testimonials, and comments on any website, or our products, services, training, printed materials, invoice or payment processing, or if you contact us by phone, text message, blog, forum, contact form, social media, mail, fax or email, you confirm your INFORMED CONSENT that you understand, accept, consent and agree to all our Terms of Use, Privacy Policy, Fee Schedule, Document Services Agreement, Zero Tolerance Spam Agreement and of our web host provider (Hostinger.com), as applicable, subject to change from time to time.  Your written signature is not required as evidence of your acceptance.

You agree that our electronically stored copy of these Terms of Use and its attachments shall be deemed to be true, complete, valid, authentic, and enforceable copies. You agree not to contest the admissibility or enforceability of these Terms of Use or its attachments in connection with any action, dispute, or proceeding arising out of or relating to these Terms of Use.

You agree not to solicit, encourage, hire, facilitate, use, pay or reward any other party to violate any of our Terms of Use or agreements.

You agree to check periodically for any changes in terms and conditions, or revision dates, before using our website, blog, products, or services.  Your use after a change has been posted indicates your acceptance and agreement with the revision.

You agree to pay a service fee of one hundred dollars ($100) if we need to prepare and serve you with a Cease and Desist Notice to object in writing to your violation of any of our Terms of Use, agreements, or the law.

For transactions and services, including sales made on other websites, you agree to the additional terms and conditions, policies, and licensing agreements of the website, which shall be in writing.

Verbal statements made by either party may not amend, cancel or modify written agreements, fees, terms, or conditions.  Changes must be made in writing and accepted by both parties.

Legal Notices.  You agree to submit any claim, request, demand, complaint, dispute, legal notice, or legal matter solely by certified mail, not by email, to our business mailing address, in a large envelope for easy distinction and separation from other routine and junk mail, addressed to the attention of our Legal Department. Standard email is not a secure, reliable method of delivery and important notices and content might be blocked as spam or arrive in a junk mail folder and get deleted. For less important legal matters and questions, you may send email to Legal Contact. Confidential information must only be sent by secure mail or secure email.

IF YOU OBJECT TO ANY OF THESE TERMS AND CONDITIONS, PLEASE SUBMIT A PROPOSED CHANGE OR COUNTEROFFER IN WRITING, FOR OUR CONSIDERATION.

IF YOU USE OUR WEBSITE, BLOG, FORUM, SOCIAL MEDIA, INFORMATION, CONTENT, PRINTED MATERIALS, PRODUCTS, FORMS, SERVICES, TRAINING, CONTACT US, EMAIL, OR POST A REVIEW OR COMPLAINT ABOUT US, YOU ACCEPT AND AGREE TO ALL TERMS AND CONDITIONS, AS IS.

32.0 Revision History

Significant revisions

Revised 2025-11-27 31.0 changed web hosting provider to Hostinger
Revised 2024-06-03: 17.4 added form, copyright permission request letter
Revised 2024-04-09: added Venmo as payment service provider
Revised 2024-01-12: added website price transparency requirement for advertisers
Revised 2023-08-31: added restriction, content may not be used to train artificial intelligence (AI) models without written permission
Revised 2023-08-19: added advertisement disclaimer in several sections, an ad is not an endorsement
Revised 2022-04-08: 17.3 updated copyright limited authorizations for clarification
Revised 2022-04-05: 30.0 added Assignment, Termination, Survivability
Revised 2022-03-03: 21.0 added vendor qualifications, vendor rating due diligence system
Revised 2021-07-13: 3.1 added WISP, CIS Controls, CISO, and payment security terms to Data Security
Revised 2021-03-21: minor edits to free speech provisions, prohibit hoax, blackmail
Revised 2020-08-12: 1.0, 10.0 added links to Accessibility Statement after testing and remediating vital pages for people with disabilities
Revised 2020-07-27: 1.0 added link to Green Business Policy for environmental impact, protection, and sustainability practices
Revised 2020-03-13: 11.2 Safety and Health, added restrictions for infectious, contagious, diseased, contaminated, quarantined situations
Revised 2019-11-13: 19.0 added definitions for spam site, low-quality site, and hotlinking
Revised 2019-10-02: minor edits, added Table of Contents
Revised 2019-06-28: 10.0 update anti-discrimination poster to 2019 version
Revised 2019-06-19: 26.1, added new section, blockchain records and hash values are acceptable as evidence
Revised 2019-01-07: 29.0, added Express Consent Required by Us
Revised 2019-01-05: 11.16, added Criminal Warning
Revised 2018-12-13: 1.0, added minor and parental control information.  18.3.6, 18.3.7 revise Value Added Comments and Comment Spam sections.
Revised 2018-06-28: 11.10 added profanity restriction, 28.0 include coupons, offers, 21.1 Payment by Bitcoin, Digital Currency, Cryptocurrency
Revised 2018-02-11: 3.1 added Data Security, add security provisions for vendor/user safeguarding of private information
Revised 2017-12-31: 6.0 added Other Services
Revised 2017-04-06: 20.0 added Computer Crime, new image
Revised 2016-07-15: 3.0 Privacy Policy, payments, 4.0 Reviews, compensation 18.3.17 blog reviews, 20.0 Web Bots, 26.0 Venue, no walk-in address
Revised 2016-07-07: 4.0 no restrictions on reviews, 28.0 accept terms As-Is or make change request
Revised 2016-05-12: 4.1 added No Endorsement
Revised 2016-05-09: 19.0 added Citations and Backlinks to Our Website or Blog
Revised 2016-04-29: 24.0 Liability Release, acting as agent for principal
Revised 2016-04-21: 3.0 Privacy Policy Notice; 4.0 Publicity, Reviews, Testimonials

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