Single User Agreement
Terms and Conditions
Single User Agreement
Before you purchase a We Go Notary e-Learning program including the supporting materials and/or any We Go Notary digital and/or downloadable items, hereinafter referred to collectively as “Electronic Items”, carefully review the Single User Agreement terms and conditions set forth below. Clicking the “I accept the Single User Agreement Terms and Conditions” button indicates your acceptance of the We Go Notary Single User Agreement terms and conditions set forth below.
This Single User Agreement (“Agreement”) is made in Honolulu, Hawaii by We Go Notary LLC, DBA We Go Notary (“WGN”) with the person downloading, using, and/or accessing any Electronic Items and other copyrighted materials made available to the registered user (“You” or “Your”).
Background
WGN is a Limited Liability Corporation organized and incorporated under the laws of the State of Hawaii. WGN developed Electronic Items made available online through an online sales portal and/or a learning management system. These Electronic Items are protected by copyright under the laws of the United States.
This Agreement sets forth the terms and conditions governing the use of the Electronic Items by You. By clicking the “I accept the Single User Agreement Terms and Conditions” button on this registration page, You are entering into a binding and enforceable agreement to be bound by all of the terms and conditions of this Agreement.
This Agreement expressly incorporates by reference and includes, without limitation, WGN’s Privacy Policy, and any additional guidelines, rules and/or disclaimers that may be posted or updated on web pages of WGN, or on notices that are provided to You.
Please carefully review the terms of this Agreement before clicking the “I accept the Single User Agreement Terms and Conditions” button. If You do not wish to accept this Agreement, do not proceed with the purchase.
You are agreeing to the following terms and conditions of this Agreement:
- Binding Terms and Changes
By clicking the “I accept the Single User Agreement Terms and Conditions” button You acknowledge that You have read and understood this Agreement, and You agree to be bound by all of the terms and conditions of this Agreement. WGN may change the terms of this Agreement from time to time. Any changes to this Agreement will be posted on the Single User Agreement website and will become effective and be binding on You immediately upon posting. WGN may also change the terms by notifying You by any other reasonable form of notification, effective immediately upon notice being provided. Your continued use of the Electronic Items following such notice constitutes Your acceptance of those changes.
- Single Person Use and Security
By entering into this Agreement, You acknowledge that the Electronic Items are exclusively for single user use only. Use of or sharing of Your User Name and/or Password by another user is not permitted and is cause for immediate termination of this Agreement without notice to You and will be prosecuted to the fullest extent permitted by law. Use of or sharing of Your downloadable and/or downloaded Electronic Items by another user is not permitted and is cause for immediate termination of this Agreement without notice to You and will be prosecuted to the fullest extent permitted by law.
You are solely responsible for maintaining the confidentiality of Your User Name and Password and for all activities and charges that occur under Your User Name and Password. You are solely responsible for maintaining single user usage of your Electronic Items. You are solely responsible for ensuring that Your Electronic Items are not shared in any way that is not authorized by WGN and this Agreement including printed versions of Electronic Items. You agree to immediately notify our Customer Service Department if You become aware of or have reason to believe that there is any unauthorized use of Your Electronic Items, Your account, or any other breach of security. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with WGN in any investigation of such unauthorized uses or of infringements of WGN’s intellectual property rights in the Electronic Items. WGN shall have the sole right to bring any action on account of such infringements or unauthorized uses, and if found guilty, You shall be liable for all costs, including but not limited to legal fees, attorney fees, investigation costs, and any other costs associated to such infringements or unauthorized uses. WGN is in no way liable for any claims related to the use or misuse of Your User Name and Password or Electronic Items due to the activities of any third party outside of our control or due to Your failure to maintain their confidentiality and security.
- Use of the Electronic Items
WGN grants to You a non-transferable, non-exclusive, and revocable license to use the Electronic Items for the registration term specific to each Electronic Item as stated in the Electronic Item descriptions from the date of purchase according to the terms and conditions set forth in this Agreement. Electronic Items are solely for the Your personal, noncommercial use; You may not use the Electronic Items in any way in exchange for monetary consideration. Individuals other than You may not access or view the Electronic Items or use supporting materials, whether electronically or in print. You are permitted online access to the Electronic Items and may download, save, or print a hard copy of discreet sections of the text, search results, or other information from the Electronic Items solely for the personal, noncommercial use of You, provided You include all copyright and other proprietary rights notices that appear on the original and that You include a customary bibliographic citation, including author attribution, date, article title, the WGN program, and the URL www.wegonotary.com. You may not disseminate any portion of the Electronic Items in printed form or through electronic means, including emails lists or bulletin boards, without the prior consent of WGN.
You may only use Your online access in a way that conforms to all applicable laws and regulations. Except as expressly granted by this Agreement, You acquire no right, title or license to the Electronic Items or the content or other data or materials incorporated in the Electronic Items and may not sublicense, sell, or resell the whole or any part of the Electronic Items or their contents. Except as expressly granted by this Agreement, You may not copy, reproduce, transmit, distribute, or use the Electronic Items or the content or other data or materials incorporated in the Electronic Items. You may not commingle any portion of the Electronic Items with any other information and shall not edit, modify, or alter in whole or any portion.
Any violation of this Agreement or abuse of the policies of the Electronic Items will result in the immediate and permanent cessation of access to all WGN services and of your license to use the Electronic Items and will be pursued to the fullest extent permitted under all applicable laws, treaties, and conventions.
- Copyright
WGN Electronic Items are copyrighted by WGN. All rights reserved. While WGN grants You the nonexclusive and limited right to use the Electronic Items as set forth in this Agreement, You acknowledge that WGN is the sole and exclusive owner of the entire copyright and other proprietary rights in and to the Electronic Items and in and to the content and other data and materials incorporated in the Electronic Items. All uses of the Electronic Items are subject to WGN’s copyright and other intellectual property rights.
- Fees and Payments for Electronic Items
WGN will charge fees for access to the Electronic Items content and may change the fees charged at any time, without notice. The fee options available to You will be presented at the point of purchase and are nonrefundable once payment has been made. Access to the Electronic Items will be available for the registration term specific to each Electronic Item as stated in the description of the specific Electronic Item. Your access to the Electronic Item will be terminated at the end of the term in effect.
You agree to pay all fees and other charges that may be incurred in connection with Your User Name and Password (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges incurred in connection with Your User Name and Password are your responsibility and will be billed to You. You also are responsible for any charges incurred to access the Electronic Items, such as telephone and other equipment charges, and fees charged by an Internet access provider or other third-party service.
- Limitation of Liability
You agree that the liability of WGN, its affiliates, directors, officers, employees, agents and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Electronic Items or the content therein shall not exceed the amount you paid to WGN for the Electronic Items during the authorized use term for the specific Electronic Items preceding any claim or notification of damages.
WGN shall not be liable for any amounts billed to your credit card by a third party that were not authorized by you.
In no event shall WGN, its affiliates, directors, officers, employees, agents and licensors be liable to you or to any third party for any special, incidental, indirect, consequential, or punitive damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability (whether in contract, tort or otherwise), arising out of or in connection with the use or performance of the Electronic Items or the content therein.
The Electronic Items are provided “as is,” and You rely on the Electronic Items and their contents at Your own risk. There are no representations or warranties of any kind, either express or implied, including, but not limited to: No representations or warranties of merchantability or fitness for a particular purpose; no representations or warranties as to the accuracy or completeness of the service; and no representations or warranties that the service or anything else provided pursuant to this agreement will not infringe proprietary rights of third parties.
Descriptions of, or references to, products or publications does not imply endorsement of that product or publication.
WGN Electronic Items are continually under development to keep up with the most current notary public laws and changes may be made to the them at any time and without notice.
- Term and Termination
This Agreement will become effective upon Your acceptance of the terms of this Agreement by Your clicking on the “I accept the Single User Agreement Terms and Conditions” button and, subject to the terms and conditions of this Agreement, will remain in effect indefinitely. WGN may discontinue or change the Electronic Items, or their availability to You, at any time without notice. The fees for the Electronic Items, once purchased, is not returnable and nonrefundable.
- No Assignment
This agreement is personal to You, and You may not assign Your rights or obligations to anyone.
- No Waiver
Neither failure or delay on the part of any party to exercise any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
- Severability
If any provision in this Agreement is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect, and the Agreement shall be deemed reformed by replacing such invalidated or unenforceable provision with a valid and enforceable provision that corresponds as closely as possible to the intentions of the parties as expressed by the invalidated or unenforceable provision.
- Governing Law and Venue
This Agreement will be governed by and construed in accordance with the laws of the State of Hawaii, without regard to conflicts of law principles and without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instrument to be drafted. You hereby submit to and agree that the sole jurisdiction and venue for any actions that may arise under or in relation to the subject matter hereof shall be the courts located in the First Circuit of the State of Hawaii
- Entire Agreement
As stated above, the Terms and Conditions, Privacy Policy, and any additional guidelines, rules and/or disclaimers posted by WGN or on notices provided to You are incorporated into this Agreement by reference as if fully restated herein. This Agreement constitutes the entire agreement between You and WGN governing Your use of our Electronic Items and supersedes any prior agreements, if any, between You and WGN relating to any matter dealt within this Agreement.