Agreema | Terms

.Terms of Service

This Service Agreement shall serve as an agreement that sets forth the terms and conditions that will govern your use and participation in the Agreema services provided on and through this Site (the "Services"). By electing to utilize the Services and agreeing to the Transfer Instructions, you shall have also indicated your acceptance of this Agreement and your consent to be bound by them. If you are unwilling to agree to this Service Agreement, you shall discontinue further use of the Services. If you agree to this Service Agreement, you will be bound as follows:

1. Definitions. In this Agreement, "you" and "your" refer to a User of the Services. The words "we," "our" and "us" refer to Agreema.com and its affiliates. "Account" means an account of a user from which agreements are posted. "Agreement" refers to this Service Agreement, and the then current operating rules contained on the Site. "Business Days" mean Monday through Friday, except for bank holidays. "Transaction" means a use of the Services by a service provider and a client in a single Agreema Agreement. "Agreema Agreement" means the agreement between a service provider and a client. "User" means a service provider and a client participating in a Agreema Agreement. "Site" refers to the website for the Services which can be found at www.Agreema.com.

2. Description of the Service. The Services are internet-based service agreements overseen by Agreema under which Agreema acts as a digital notary in a Agreema Agreement.

3. Limits on the Services. The Services are only available for lawful Items and Items not otherwise excluded by Section 4 below. Payment to Agreema is limited to U.S. dollars. Other limitations on the Services may apply and can be found on the Site. Applicable state or federal laws and regulations may further limit the Services.

4. Prohibited Transactions. Users shall not utilize the Site or the Services in connection with any Agreema Agreement that is illegal or involves any illegal Items. In addition, we, in our sole discretion, may refuse to notarize any Transaction that we have reason to believe is unauthorized or made by someone other than you, may violate any law, rule or regulation, or if we have reasonable cause not to honor it. Each User agrees to indemnify and hold us harmless for losses resulting from any use or attempted use of the Services in violation of this Agreement.

5. Rejection of Payment. Since the use of a bank account, credit card or debit card account, or the making of an electronic fund transfer may be limited by your agreement with your financial institution and/or by applicable law, we are not liable to any User if we do not complete a Transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an Account. We may post operating rules related to payment on the Site and change such rules from time to time.

6. General Conditions of Use. You represent and warrant that all information you provide to us will be true, accurate and complete. The party entering into this Agreement on behalf of any User represents and warrants that he/she is authorized to do so and to bind the User and is a natural person of at least eighteen (18) years of age. In order to initiate and commence a Transaction, all Users to a Transaction agree to all terms of the specific Agreema Agreement.

7. Obligations of Users. Users who agree to the posted Agreema Agreement indicate their committment to abide by the terms of the posted agreement.

8. Our Responsibilities. We are obligated to perform only those duties expressly described in this Agreement. We shall not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact or law, except for gross negligence or willful misconduct (subject to the limitations in Section 17 below). We may rely upon any notice, demand, request, letter, certificate, agreement or any other document which purports to have been transmitted or signed by or on behalf of a User indicated as the sender or signatory thereof and shall have no duty to make any inquiry or investigation. In the event that we are uncertain as to our duties or rights under this Agreement, receive any instruction, demand or notice from any User or financial institution which, in our opinion, is in conflict with any of the provisions of this Agreement, or any dispute arises with respect to this Agreement, we may consult with counsel of our choice (including our own attorneys) and any actions taken or not taken based upon advice of counsel shall be deemed consented to by you.

9. Canceling A Agreema Agreement. If a Transaction cannot be completed for any reason, it is up to the parties involved to resolve any disputes arising from the broken agreement.

10. In Case of Questions about the Services. You may inquire the Service by contacting Support onsite. You agree to send an e-mail as soon as possible, but no later than forty-eight hours after you knew or should have known about an error, if you believe an error has been made or there has been any unauthorized use of your Account or the Services. When you contact us, please be prepared to provide your account name and title of your agreement.

11. Statements, Verification. You agree that all disclosures and communications regarding this Agreement and the Service may be made by e-mail or on the Site. Any electronic disclosure or communication we make will be considered made when it is posted to the Site or sent to you.

12. Digital Identification. You understand and agree that we create, issue and verify a digital identification (a "Digital ID") for each User. This Digital ID is attached to each accepted electronic document and notification e-mails. You agree that your Digital ID is a valid "Electronic Signature" as defined under the applicable law of the States of Michigan.

13. Fees. Unless otherwise agreed upon by each User in a Transaction, the User who posts the Agreema Agreement agrees to pay the fees for the Services that are disclosed on the Site. Once paid, our fees are nonrefundable. Our fees may change from time to time in our absolute and sole discretion. We are not responsible for payment of any sales, use, personal property or other governmental tax or levy imposed on any Items purchased or sold through the Services or otherwise arising from the Transaction.

14. Disclaimers. You expressly agree that your use of the Services is at your sole risk. The Services are provided on a strictly "as is" and "as available" basis. WE MAKE NO WARRANTY WITH REGARD TO YOUR AGREEMA AGREEMENTS, ANY ITEMS OBTAINED BY YOU THROUGH THE USE OF THE SITE OR THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE.

We expressly disclaim any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by any seller of Items. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein.

You acknowledge and agree that we do not endorse the website of any third party, or assume responsibility or liability for the accuracy of any material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby. In no event will we be liable for any act or omission of any third party, including, but not limited to, your financial institution, any payment system, any third party service provider, any provider of telecommunications services, Internet access or computer equipment or software, any mail or delivery service or any payment or clearing house system or for any circumstances beyond our control (including but not limited to, fire, flood or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).

15. Limitation of Liability. NEITHER WE, NOR OUR AGENTS, SHALL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, RELATING TO YOUR USE OF THE SITE OR THE SERVICES OR YOUR INABILITY TO USE THE SITE OR THE SERVICES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

16. Termination of Services. We may suspend or terminate your use of the Services at any time, without notice for any reason, in our sole discretion. Except as warranted by risk to the security, privacy or integrity of the Services, we will attempt to provide you with prior notice of the suspension or termination of the Services by sending you an e-mail, but we are not obligated to do so. You shall remain liable for all Transactions you initiate through the Services prior to such termination, and the performance of your obligations, including but not limited to, the delivery of the Items and the payment of all amounts you owe prior to termination or discontinuation of your use of the Services. You agree to pay all costs and expenses (including reasonable attorneys' fees) that we may incur in order to collect any amounts you owe under this Agreement or the transfer Instructions.

17. Non-Transferability of the Services. You may not assign this Agreement to any other person or entity. Your right to use the Services shall not be sold or transferred to any other person or entity without our prior written consent. We may assign this Agreement upon notice to you. Any assignment or transfer in violation of this provision shall be null and void.

18. Modifications. We reserve the right to change this Agreement, or any portion of it, at any time, without prior notice. You understand that the most recent version of this Agreement will be located on the Site.

19. Notices. Notices from us to you may be given by e-mail, regular mail or by general posting on the Site. You may contact us by filling out the customer support form or by regular mail to Agreema.com, P.O. Box 26043, Fraser, Michigan 48026.

20. Indemnification. You agree to indemnify and hold us, our affiliates and their respective officers, directors, shareholders, employees and assigns, harmless from any claim, demand, expense or damage, including reasonable attorneys' fees and court costs, arising from or relating to your use of the Services or any violation of this Agreement, the rules contained on the Site or the transfer Instructions, including, without limitation, payment of our fees and any charge backs from a card organization or reversal or nonpayment of any credit or debit entry.

21. Miscellaneous. In the event of any dispute, claim, question, or disagreement arising from or relating to, this Agreement or to a Agreema Agreement, or breach of any of them, you agree to resolve such dispute.

This Agreement shall be governed by the laws of the State of Michigan. This Agreement constitutes the entire agreement between us and you relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications and/or advertising with respect to such subject matter. If there is a conflict between the terms and conditions of this Agreement or the rules contained on the Site, then this Agreement and the rules contained on the Site shall control in that order.

If any provision of this Agreement is held to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

We may assign this Agreement to any current or future affiliated company and to any successor in interest. We also may delegate certain of our rights and responsibilities under the Agreement to independent contractors or other third parties.

If you participate in services on this site, then each time you request the Services will constitute your agreement to these Terms of Use, as amended from time to time in our sole discretion, and evidence that you read, understood and accepted the then applicable Terms of Use.

Terms last updated: Thursday, May 8, 2003, 11:37 AM EST