Terms of Service
Last updated: January 23, 2025, 4:45 PM
Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the www.sealedbysam.com website (the "Website") operated by Sealed by Sam- Notary Services, a(n) Sole Proprietorship formed in South Dakota, United States ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.
Definitions
“Service”: Refers to the notary services provided by Sealed by Sam.
“Website”: Refers to the Sealed by Sam website.
“User”: Refers to any individual who accesses our website.
“Notary”: Refers to the notary public providing the services.
“Appointment”: Refers to the scheduled time for notary services.
“Service Fees”: Refers to the charges for the notary services provided.
“Third-Party Payment Processor”: Refers to the external service (e.g., Square) used to process payments.
“Content”: Refers to all logos, designs, text, graphics, pictures, information, data, software, sound files, user-generated content (including reviews and comments), and arrangement thereof on the website.
“Client”: Refers to any individual or entity that uses our services.
“Agreement”: Refers to these Terms and Conditions.
Services Provided
Sealed by Sam- Notary Services offers mobile notary services, including but not limited to notarizing documents, administering oaths, and witnessing signatures. Our services are available in Rapid City, Box Elder, and Summerset, subject to availability and legal limitations. Certain documents or services may be excluded as required by law.
Purchases
When you make a purchase on the website, you will be using a third-party payment processor, Square, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Square. The following payment method(s) are accepted by the third-party payment processor: Visa, Mastercard, American Express, Discover, Discover Diners, JCB and UnionPay International.
You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third-party payment processor(s) is true, correct and complete.
Privacy Policy
We are committed to protecting your personal information. For more details, please refer to our full Privacy Policy.
Cancellation, Rescheduling and Refunds
For detailed information about our policies regarding cancellation, rescheduling and refunds, please refer to our full Cancellation Policy.
User Responsibilities
Clients are expected to:
Provide accurate and complete information.
Comply with all applicable laws and regulations.
Follow our policies and procedures.
Bring a valid, government-issued photo ID to the appointment.
Ensure all parties involved in the notarization are present in person.
Ensure that documents are complete with no missing pages.
Ensure that the notary certificate is not signed beforehand.
Maintain respectful and professional behavior: Inappropriate behavior, such as offensive language, threats, or harassment, will not be tolerated and may result in termination of services and withholding of discounts, at our discretion.
Accounts
When you create an account on our website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account through their account on the website.
Comments, Reviews, and Uploading Content
By submitting a comment, review, or uploading content onto this website, you grant Sealed by Sam- Notary Services a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish, and distribute the comment, review, or content. When you make a comment, submit a review, or upload any content onto this website, you agree that such comment, review, or content may be viewed by other parties and it is your responsibility to ensure that the comment, review, or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content, comment, or review does not violate any laws, rules, or regulations. We reserve the right to remove any content, comment, or review at any time in our sole discretion.
The following is a non-exhaustive list of types of content, comments, or reviews that you are prohibited from posting on our website:
Content that is offensive or inappropriate;
Content that violates any laws or regulations;
Content that infringes on someone’s rights, including intellectual property rights;
Content that advertises products or services without our permission;
Content intended to spam others.
Review Guidelines
Eligibility: Only clients who have used our services are eligible to leave reviews.
Content: Reviews should be honest and based on your personal experience. Inappropriate content, including offensive language, personal attacks, or false information, is not permitted.
Moderation: We reserve the right to moderate, edit, or remove reviews that violate our guidelines or are deemed inappropriate.
Use of Reviews: By submitting a review, you grant us the right to use your review, in whole or in part, for marketing and promotional purposes.
Privacy: Any personal information included in your review will be handled in accordance with our Privacy Policy.
Accuracy: Ensure that your review is accurate and truthful. Misleading or false reviews are not allowed.
Respect: Please respect the privacy of others. Do not include personal information about others in your review without their consent.
Timeliness: Reviews should be submitted within a reasonable time frame after using our services to ensure relevance and accuracy.
Display of Reviews: Reviews will be displayed with the reviewer’s first name and the first letter of their last name (e.g., John D.) for privacy reasons.
Prohibited uses
You agree that you will use this website in accordance with all applicable laws, rules, regulations and these terms at all times. The following is a non-exhaustive list of prohibited uses of this website. You agree that you will not perform any of the following prohibited uses:
Impersonating or attempting to impersonate Sealed by Sam- Notary Services or its employees, representatives, subsidiaries or divisions;
Misrepresenting your identity or affiliation with any person or entity;
Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the website;
Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this website;
Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
Otherwise attempting to interfere with the proper working of the website;
Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.
No warranty on Website
This Website is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.
Availability, errors and inaccuracies
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
Damages and limitation of liability
IN NO EVENT SHALL SEALED BY SAM- NOTARY SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF SEALED BY SAM- NOTARY SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, DESPITE THE LIMITATION ABOVE, SEALED BY SAM- NOTARY SERVICES IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF SEALED BY SAM- NOTARY SERVICES WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO SEALED BY SAM- NOTARY SERVICES IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF SEALED BY SAM- NOTARY SERVICES. THE AGGREGATE LIABILITY OF SEALED BY SAM- NOTARY SERVICES ARISING OUT OF OR RELATING TO THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY SEALED BY SAM- NOTARY SERVICES FROM YOU.
Links to third party websites
This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Intellectual property and DMCA notice and procedure for intellectual property infringement claims
All contents of this Website are ©2024 Sealed by Sam- Notary Services or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Sealed by Sam- Notary Services and are either registered trademarks, trademarks or otherwise protected intellectual property of Sealed by Sam- Notary Services or third parties in the United States and/or other countries.
If you are aware of a potential infringement of our intellectual property, please contact us at legal@sealedbysam.com.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
Your name, email, address and telephone number; and
A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.
General Dispute Resolution
In the event of any disputes arising from or relating to these terms and conditions or the services provided by Sealed by Sam, the parties agree to resolve such disputes through the following process:
Initial Resolution: Both parties will first attempt to resolve the dispute informally by contacting each other directly and discussing the issue in good faith.
Mediation: If the dispute cannot be resolved informally within 30 days, the parties agree to submit the dispute to mediation. Mediation will be conducted by a neutral third-party mediator agreed upon by both parties. The costs of mediation will be shared equally by both parties.
Arbitration: If mediation fails to resolve the dispute, the parties agree to submit the dispute to binding arbitration. Arbitration will be conducted in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration service. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Exceptions:
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights.
Governing Law:
This dispute resolution process is governed by the laws of the state of South Dakota.
Disclaimer
Sealed by Sam provides notary services to verify the identity of signers and witness the signing of documents. We do not make any documents legal or ensure their legal enforceability. It is the client’s responsibility to ensure that their documents comply with all applicable legal requirements.
Force Majeure
Sealed by Sam is not liable for any failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Severability
If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these terms will remain in full force and effect.
Governing Law
These terms are governed by the laws of the state of South Dakota.
Changes to Terms
We may update these terms from time to time. Clients will be notified of any changes via email after they are added to the website.
Acceptance of Terms
By booking an appointment with Sealed by Sam-Notary Services, clients agree to these Terms and Conditions, including our Cancellation Policy. Clients must read and accept these terms before proceeding with the booking.
Contact Information
For any questions or concerns about these terms, please contact us at legal@sealedbysam.com.