NotaryTrack
Companies
Manage signing companies, platforms, and payment profiles
HBI Title
Accurate Group
Mortgage Research Center, LLC dba Veterans United Home Loans
GW
Silk Title Co.
University Title Agency
Universal Notary, Inc. FIN Title
Prestige Companies, Inc.
WFG
Notarytrack
Esquire Land Title, Inc.
The Closer
Accredited Notary Services
Resource Settlement Services
First Source Title
Premium Closing Solutions, Inc.
Universal Notary, Inc.
Crown Title Corporation
ELH Document Services
Navy Federal Credit Union
Premium Signature Services
Mortgage Pros, LLC
FIN Title
REALEO
Team Legal / Lexitas
Not Provided
Waggoner & Bruehl P.A.
Notarized, Inc
Cardinal Financial
DNTA - Diversified National Title Agency
Rocket Close
Carrington Mortgage Services
InvestorBootz
Solidifi-TitleMax
Sale Signings LLC
ClientFirst Title LLC
Williams, Gautier, Gwynn, DeLoach & Kiker, P.A.
Mortgage Depot LLC
Norton Hammersley Lopez Skokos
Old Republic Title
First American
Closing USA, LLC
Independence Title - San Antonio
Loan Mod Group
Fusion Title, LLC
Priority title escrow
Refinance Closing
Americas Title-Michigan Branch
Premiere Title Services
Starling Law Firm
Omni Title Services
Madison Settlement Services
MadisonSettlement
Global Agents, LLC
Mortgage Connect
Mortgage Connect
THE FEDERAL SAVINGS BANK
Docs2u
ClearEdge Title
The Closing Group
Closeline, LLC
States Title-ASAP - NAPS PC TEAM
Coast2Coast Signings Inc.
Empower Settlement Services
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COASTAL COMMUNITY BANK
Atlas Title Group
Superior Notary Services
Atlas Title Company
Notaries 24-7 Inc.
BCHH, Inc.
coast 2 Coast
Coast 2 Coast Signing Services payment terms: Net 30. Payments are issued approximately 30 days after the signing/closing date. Checks are mailed on Fridays only, so estimated payment dates should roll forward to the next Friday after the 30-day period. Additional approved trips may be paid separately. No-sign appointments may receive reduced trip/print compensation. Estimated payment dates are based on contract terms and may vary depending on processing or funding status.
Sunshine Signing Connection, Inc.
Sunshine Signing Connection, Inc Terms of Service SUNSHINE SIGNING CONNECTION, INC. INDEPENDENT CONTRACTOR TERMS & CONDITIONS Effective as of the date Contractor electronically accepts these Terms. ________________________________________ SECTION 1. MANDATORY ACCEPTANCE; CONDITION OF ACCESS 1.1 Contractor must review and affirmatively accept these Independent Contractor Terms & Conditions (“Terms”) before accessing, viewing, responding to, or accepting any assignment through SSC’s platform. 1.2 Access to assignments and performance of services is expressly conditioned upon Contractor’s acceptance of these Terms. 1.3 If Contractor does not agree, Contractor may not access assignments or perform services for SSC. 1.4 By clicking “I Accept,” Contractor agrees to be legally bound by these Terms. 1.5 Contractor acknowledges that access to assignment details constitutes valuable consideration supporting this Agreement. ________________________________________ SECTION 2. PARTIES 2.1 These Terms govern the relationship between Sunshine Signing Connection, Inc. (“SSC”) and the independent contractor accepting these Terms (“Contractor” or “Notary”). ________________________________________ SECTION 3. NATURE OF SERVICES 3.1 SSC provides mobile notary referral services for its clients (“Clients”). 3.2 SSC refers Contractors to meet with borrowers or other individuals requiring notarized signatures (“Signers”) for execution of document packages issued by Clients. 3.3 Contractor agrees to perform notarial and signing agent services on a per-assignment basis. 3.4 Nothing herein guarantees any minimum volume of assignments. ________________________________________ SECTION 4. ASSIGNMENT PROCESS 4.1 Each signing opportunity constitutes a separate assignment. 4.2 Assignment details, including location, time, compensation, and specific requirements, will be provided in a written or electronic confirmation (“Confirmation”). 4.3 Contractor is not obligated to accept any assignment. However, once accepted, Contractor must fully perform in accordance with these Terms and the applicable Confirmation. ________________________________________ SECTION 5. INDEPENDENT CONTRACTOR STATUS 5.1 Contractor is an independent contractor and not an employee, partner, agent, or joint venturer of SSC. 5.2 Contractor: (a) Controls the manner and method of performing services, subject to Client requirements. (b) Is responsible for all federal, state, and local taxes. (c) Is not entitled to employee benefits. (d) Shall supply all tools, printing, shipping, transportation, insurance, and equipment. 5.3 Nothing in this Agreement shall interfere with Contractor’s independent public official duties as a commissioned notary. ________________________________________ SECTION 6. COMPLIANCE WITH LAW (NATIONWIDE APPLICATION) 6.1 All notarial acts shall strictly comply with the laws of the state in which the notarization occurs. 6.2 Notarial acts are governed by the laws of the jurisdiction where performed. 6.3 Contractual disputes arising under these Terms are governed by Florida law as provided herein. ________________________________________ SECTION 7. PROFESSIONAL CONDUCT REQUIREMENTS 7.1 Contractor agrees: (a) To act solely as a signing agent and not provide legal advice. (b) Not to interpret or explain legal documents beyond identifying document titles or general provisions. (c) To contact SSC if a Signer has substantive legal or loan-related questions. (d) To appear professionally dressed and groomed. (e) To confirm appointments in advance. (f) Not to proceed without a complete document package. (g) To return completed packages as directed, the same day unless otherwise approved. (h) Not to contact lenders directly unless instructed by SSC. (i) Not to discuss Contractor’s fee with any party other than SSC. ________________________________________ SECTION 8. ADDITIONAL PERFORMANCE REQUIREMENTS – NOTARIAL ERROR & DOCUMENT COMPLETION 8.1 Compliance With Law Contractor represents that all notarial acts performed shall strictly comply with applicable federal, state, and local law in the jurisdiction where the notarization occurs. 8.2 Quality Control and Completion Contractor shall: (a) Ensure all required signatures, initials, and dates are properly completed. (b) Ensure all notarial certificates are fully and accurately completed. (c) Affix all required seals or electronic seals in compliance with law. (d) Confirm identification in accordance with state law. (e) Return a complete signing package per SSC’s written instructions. 8.3 Correction of Notarial Errors If any error, omission, or defect attributable to Contractor occurs, including missing signatures, incomplete certificates, improper acknowledgments, missing seals, or incorrect notarization: (a) Contractor shall correct such error at no additional cost. (b) Contractor shall make commercially reasonable efforts to correct immediately, acknowledging the time sensitive nature. (c) The obligation applies regardless of when the error is discovered. (d) SSC may withhold payment for materially defective signings until correction is completed. 8.4 Missing Documents / Re-Execution If documents are missing due to Contractor’s failure to follow instructions: (a) If notice is provided within seven (7) days of the signing date, Contractor shall return at no additional cost. (b) If missing documents are solely attributable to SSC or Client, additional services shall be compensated per Confirmation. 8.5 Survival This Section survives termination. ________________________________________ SECTION 9. FEES; PAYMENT; TRIP FEES 9.1 Fees are determined per assignment and confirmed in writing. 9.2 SSC pays Net 30 (thirty days) from receipt of complete and compliant documents. 9.3 No post-completion renegotiation of fees is permitted. 9.4 If Contractor appears at the signing location and Signer refuses to sign: (a) Contractor must contact SSC from the location. (b) Contractor will receive a trip fee equal to one-half of the agreed fee. 9.5 SSC does not pay a cancellation fee. 9.6 SSC may withhold or offset payment for material errors until resolved. ________________________________________ SECTION 10. INSURANCE 10.1 Contractor shall maintain: (a) Workers’ compensation insurance as required by law. (b) Commercial general liability insurance. (c) Automobile liability insurance. (d) Errors and Omissions (E&O) insurance. 10.2 Proof of insurance must be provided upon request. ________________________________________ SECTION 11. NON-DELEGATION 11.1 Contractor shall personally perform all signing appointments. 11.2 No delegation or subcontracting of signing duties is permitted without SSC’s prior written approval. ________________________________________ SECTION 12. CONFIDENTIALITY & NON-INTERFERENCE 12.1 Contractor shall not: (a) Solicit SSC Clients introduced through SSC for twelve (12) months. (b) Divert Signers. (c) Offer competing services to Signers engaged through SSC. 12.2 Contractor shall maintain strict confidentiality of all Client and Signer information. 12.3 These obligations survive termination. ________________________________________ SECTION 13. IDENTITY THEFT PREVENTION PROGRAM 13.1 Contractor agrees to comply with SSC’s Identity Theft Prevention Program attached as Exhibit A and incorporated herein. ________________________________________ SECTION 14. INDEMNIFICATION; DEFENSE; SURVIVAL 14.1 Indemnification Contractor shall indemnify, defend, and hold harmless SSC, its affiliates, officers, directors, employees, agents, successors, assigns, and Clients from third-party claims, damages, losses, recording rejections, penalties, governmental fines, judgments, settlements, and reasonable attorneys’ fees arising out of: (a) Contractor’s negligent acts or omissions. (b) Failure to comply with applicable notary law. (c) Improper or defective notarization. (d) Breach of these Terms. (e) Unauthorized disclosure of confidential information. This obligation applies only to the extent the claim results from Contractor’s acts or omissions. 14.2 Insurance Not a Limitation Indemnification obligations are not limited by insurance coverage. 14.3 Survival This Section survives termination. ________________________________________ SECTION 15. TERM; TERMINATION; SUSPENSION 15.1 These Terms remain effective until terminated. 15.2 SSC may suspend or terminate Contractor’s platform access at any time, with or without cause, effective upon electronic notice or account deactivation. 15.3 Sections intended to survive shall survive. ________________________________________ SECTION 16. GOVERNING LAW; VENUE 16.1 These Terms shall be governed by the laws of the State of Florida for contractual disputes. 16.2 Venue shall be: (a) State court: Pasco County, Florida. (b) Federal court: Middle District of Florida, Tampa Division. 16.3 Notarial acts remain governed by the laws of the state where performed. 16.4 The prevailing party is entitled to reasonable attorneys’ fees. ________________________________________ SECTION 17. MODIFICATION OF TERMS 17.1 SSC may update these Terms periodically. 17.2 Material updates may require renewed electronic acceptance. 17.3 Continued use of the platform constitutes acceptance of updated Terms. ________________________________________ SECTION 18. ELECTRONIC ACCEPTANCE 18.1 By clicking “I Accept,” Contractor: (a) Agrees to be legally bound. (b) Consents to electronic records. (c) Agrees electronic assent constitutes a valid signature. (d) Agrees SSC may retain proof of acceptance including timestamp and IP address. ________________________________________ EXHIBIT A IDENTITY THEFT PREVENTION PROGRAM SECTION A1. PURPOSE A1.1 This Program is adopted pursuant to the FTC Red Flags Rule to detect, prevent, and mitigate identity theft and protect non-public personal information. A1.2 Compliance is mandatory. SECTION A2. DEFINITIONS A2.1 Identity Theft means fraud using identifying information without authorization. A2.2 Red Flag means a suspicious pattern indicating possible identity theft. A2.3 Identifying Information includes Social Security numbers, driver’s license numbers, passport numbers, dates of birth, financial account numbers, and contact information. SECTION A3. DETECTION OF RED FLAGS A3.1 Contractor shall remain alert to: (a) Altered identification. (b) Mismatched photographs. (c) Inconsistent personal information. (d) Suspicious behavior. (e) Prior reported identity theft. SECTION A4. RESPONSE PROCEDURES A4.1 If suspected: (a) Pause signing. (b) Contact SSC immediately. (c) Do not proceed without instruction. (d) Document observations. SECTION A5. PHYSICAL SECURITY A5.1 Contractor shall: (a) Maintain secure custody of documents. (b) Not leave documents unattended. (c) Lock documents in vehicle trunk if necessary. (d) Shred sensitive documents before disposal. SECTION A6. ELECTRONIC SECURITY A6.1 Contractor shall: (a) Use password-protected devices. (b) Maintain antivirus and firewall protection. (c) Use secure connections. (d) Not share credentials. (e) Securely delete files after completion. SECTION A7. INCIDENT REPORTING A7.1 Contractor shall promptly notify SSC of: (a) Lost or stolen devices. (b) Unauthorized access. (c) Suspected data breaches. A7.2 Contractor shall cooperate in remediation. SECTION A8. PROGRAM UPDATES A8.1 SSC may update this Program periodically. Continued performance constitutes agreement to comply.
First Tech Federal Credit Union
Creative Signings
Hometap (MV) (Good Owner Title)
Landsel
Century Consulting Services
First Class Signing Service
National Signing Services LLC
Nationwide Signers Terms of Service TERMS AND CONDITIONS OF INDEPENDENT CONTRACTOR AGREEMENT Welcome to Nationwide Signers. You must agree to the following Terms and Conditions of this independent contractor agreement ("Agreement") before receiving mobile notary dispatch orders from Nationwide Signers, and before using the Nationwide Signers website ("Site"). By using our Services or indicating your agreement on the notary registration web page, you are agreeing to become bound by these terms of our Service. This is a legally binding agreement. If you do not agree with these terms, you should not use the Nationwide Signers website, you may not receive mobile notary dispatch orders from Nationwide Signers, you may not perform any work for Nationwide Signers ("Services"), and you should request termination of any account you may have with Nationwide Signers. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the Services, the services provided by or through the Site or otherwise through Nationwide Signers, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. 1. Nationwide Signers Services. Nationwide Signers is a nation-wide traveling notary network. We are currently in 50 states and have well over 40,000 signers who provide fast, professional, and courteous service to homeowners in the process of financing properties. 2. Engagement. Nationwide Signers hereby engages you, and you hereby accept such engagement, subject to the terms and conditions set forth in this Agreement, to perform mobile notary signing services on behalf of and for Nationwide Signers (the "Services"). 3. Compensation. a. In consideration of your performance of the Services as provided herein, Nationwide Signers agrees to pay you the amount specified and arranged at the time of accepting the order from Nationwide Signers. b. If a particular signing requires you to make more than one trip, you will be paid per trip; however, any additional trips MUST be authorized by a Nationwide Signers representative, or you will not be compensated for such additional trip. c. Nationwide Signers will pay you on a monthly basis, and you should keep record of all signings done each month. Checks are processed and go out on the 15th of each month. For example, for signings completed January 1, 2013 Through January 31, 2013, you will be paid February 15th. 4. Expenses. Nationwide Signers shall not be responsible for any expenses you accrue in performing the Services. You shall be responsible for payment of all your business expenses, and all taxes and license fees assessed by any governmental unit in order for you to perform the Services hereunder, and you shall be responsible for payment of all dues to any professional organization of which you are a member. 5. Term and Termination. a. This Agreement shall be effective and shall remain in full force and effect for a period of one (1) year, unless earlier terminated as provided herein. After the initial term, if the Agreement has not been terminated, the Agreement shall automatically renew for consecutive one-year terms. b. Either party may terminate this Agreement at any time with written notice to the other party. Furthermore, Nationwide Signers may terminate this Agreement at any time, for any reason or for no reason, by sending you notice of such termination. d. Upon termination or expiration of your engagement with Nationwide Signers for any reason, you shall immediately return to the Nationwide Signers all documents, promotional materials, property and other records of Nationwide Signers, and all copies thereof, within your possession, custody or control. 6. Your Responsibilities and as a Notary for Nationwide Signers, and Your Warranties to Nationwide Signers. a) You are responsible for the use of your account by anyone using your account. You are responsible for insuring that any user of your account fully complies with the Terms & Conditions of this Service. b) You must be eighteen (18) years of age to use the service, and by agreeing to these terms and using there Service you hereby represent and warrant that you are at least eighteen years of age. c) You hereby warrant that you are a certified notary under the state of where you will be performing signings, that comply with the minimum bond requirements of your state. d) You must act and dress in a professional manner at all times. Unprofessional attire and attitude will not be tolerated, as quality control checks are often implemented. Unacceptable conduct and inadequate service may result in the termination of this Agreement. e) You agree to act only as a notary under this Agreement and not to give legal advice to customers. You acknowledge that you are there only to "witness" the signatures of the signers. f) You understand that Nationwide Signers is the only institution from which you will receive payment. All questions regarding your fees and invoicing are not to be directed to the customers (i.e. the borrowers, loan representatives, lenders, etc.). g) You agree to make your appointments on the day required by the lender and follow Nationwide Signers's notary guidelines (our instructions as well as the rules that are included in every set of loan documents), which are incorporated herein by reference. h) You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to the Nationwide Signers website. i) You agree to inform Nationwide Signers of any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an I.D., or password. Until Nationwide Signers is notified, by electronic or conventional mail of a breach of security, you will remain liable for any unauthorized use of your Nationwide Signers account. j) You agree to use Nationwide Signers Services in a manner consistent with any and all applicable laws and regulations. You also agree not to use the Service to violate any rule or regulation at any educational institution. k) You acknowledge that under no circumstances will you upload any viruses, ActiveX or Java installers, or Internet Explorer Exploits onto the Site. l) You hereby agree that you will not delegate your responsibilities under this agreement to another person, under any circumstances. This agreement is not assignable in any way. m) If you violate the restrictions in these Terms & Conditions of Service, you agree to indemnify Nationwide Signers for any losses, costs, or damages, including reasonable attorneys fees incurred by Nationwide Signers and relating to, or arising out of such a breach. You, not Nationwide Signers, are responsible for your behavior on the Nationwide Signers website and at signings facilitated by Nationwide Signers. n) YOU UNDERSTAND AND ACKNOWLEDGE THAT Nationwide Signers DOES NOT SCREEN CUSTOMERS IN ANY WAY. YOU UNDERSTAND THAT Nationwide Signers SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE SERVICES RENDERED TO CUSTOMERS THROUGH THE Nationwide Signers SERVICE. 4. Independent Contractor. You agree that you shall act as an independent contractor in the performance of your services hereunder. Nothing in this Agreement is intended nor shall it be construed to constitute you as a partner, employee or agent of Nationwide Signers or you being in a joint venture relationship with Nationwide Signers, and neither you nor Nationwide Signers shall have any authority whatsoever to bind the other in any manner. You warrant that you will not hold yourself out to be or represent to anyone that you are an employee of Nationwide Signers, or that your relationship to Nationwide Signers is other than that of an independent contractor. You agree to indemnify and hold Nationwide Signers harmless from any and all liability arising out of or with respect to any representation or promise made by you which bind Nationwide Signers or any agreement entered into by you on behalf of Nationwide Signers. You shall be and agree to be solely responsible for the payment or withholding of any and all income, employment, FICA, unemployment insurance, social security or other payroll taxes, state disability and any other payroll deductions required to be paid or withheld with respect to your compensation, as well as any insurance you may choose to carry. You acknowledge that as an independent contractor you are not entitled nor will Nationwide Signers make available to you any of the benefits afforded to employees of Nationwide Signers. You agree to indemnify and hold Nationwide Signers harmless from any and all liability arising out of or with respect to such payments, withholdings and benefits, if any. You hereby agree to maintain workman's compensation insurance in accordance with applicable state and federal laws when employing other employees. In addition, you shall maintain comprehensive general and vehicular insurance for claims of damages of bodily injury (including death) and property damage caused by or arising out of acts or omissions of your employees. You further understand the following: a. That Nationwide Signers will provide no training to you whatsoever; b. Nationwide Signers will not reimburse you for any expenses you incur in performing the Services; c. You are free to perform notary tasks for others outside of your obligations to Nationwide Signers (i.e. there is no "exclusivity agreement" between you and Nationwide Signers); and d. If you earn over $600 per year, or any future minimum amount dictated by the IRS, then Nationwide Signers will issue you a form 1099-MISC and report such income to the IRS. 5. Copyright & License. The content, HTML, Flash files, databases, web scripts, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. 7. Trademarks. "Nationwide Signers" and "Nationwide Signers" are either trademarks or registered trademarks of Nationwide Signers, Inc. 8. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, related to your violation of this Agreement, your use of the Site, your performance of the Services, or the relationship between you and any customer or client of Nationwide Signers. 9. Nontransferable. Your right to perform the Services and use the Site is not transferable. Furthermore, any password or right given to you to obtain information or documents is not transferable. 10. Disclaimer and Limits. THE SITE AND INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS IS," "IS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES PROVIDED THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, OR LIABILITY ARISING OUT OF THE RELATIONSHIP BETWEEN YOU AND CUSTOMERS OF Nationwide Signers. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE, SERVICES AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE Nationwide Signers FORMS OR DOCUMENTS ARE DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE FEES THAT Nationwide Signers HAS PAID YOU FOR YOUR SERVICES OVER THE COURSE OF THE TERM. 11. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement. 12. Miscellaneous. This Agreement shall be treated as though it were executed and performed in San Francisco, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site or the Services (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 10. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. If any controversy or dispute arising from or relating to this Agreement, the Site or the Services, even if arising after termination of this Agreement, cannot be resolved through mutual agreement, the sole means of resolving the controversy will be binding arbitration under the auspices of the American Arbitration Association ("AAA") in San Francisco, California, in accordance with the AAA's then-existing Commercial Arbitration Rules. The arbitration award may be enforced as a judgment by a court of competent jurisdiction. This arbitration provision will apply to all disputes between you and Nationwide Signers, and will survive termination of our relationship and this Agreement. You acknowledge that you understand the consequences of agreeing to binding arbitration, including that you are giving up any and all constitutional and statutory rights to have disputes between us determined by a court of law or equity or by a jury; that discovery of information in arbitration may be limited; and that the arbitration decision will be final and binding, except to the limited extent that law provides for judicial review of arbitration proceedings and decisions. If for any reason this foregoing mandatory arbitration provision is invalid or unenforceable, then all legal proceedings arising out of or in connection with this Agreement shall be brought solely in San Francisco, California. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this overall Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.