PLEASE READ THIS TERMS AGREEMENT – YOU MUST AGREE WITH ALL TERMS PRIOR TO MAKING YOUR APPLICATION.
1. Requirements:
Every notary applicant must meet
all of the following requirements:
- Must be at least 18 years of age.
- Must be able to read and write English.
- Must be of good character and reputation – Individuals convicted of a felony who have not had their rights restored as well as applicants convicted of a crime involving dishonesty or moral turpitude are not eligible for a Delaware notary commission.
- Any prior conviction will require a Certified Background Check from the jurisdiction in which the conviction occurred.
- Must have a reasonable need for a notary commission.
- Must be a citizen or permanent legal resident of the United States, and have a legal residence with a street address in Delaware OR maintain an office or place of employment within
the State of Delaware on a full-time basis, and must be available Monday-Friday during normal business hours to accept Service of Process.
NOTE: Notaries are NOT permitted to notarize outside of the boundaries of the State of Delaware. In order to qualify, non-resident notaries must demonstrate they would regularly
conduct notarial acts in the State of Delaware and provide a valid Delaware business address for the employer or company where service of legal process would be accepted. Use of a post office box, virtual office space, or a registered agent does NOT qualify.
The Secretary of State may require proof of employment and/or residency at any time.
2. Web Services Policy
This system is operated and administered by the State of Delaware Secretary of State Notary Public Section (hereafter, the “Secretary”). Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you.
3. Web Site Purpose
The purpose of this web site is to enable eligible applicants to apply for appointment as a Delaware Notary Public or a Delaware Electronic Notary Public and maintain their personal information as required by Delaware Notary laws. Notary applicants who complete their application via this website will be provided electronic status updates regarding their application and will receive information to complete the commissioning process.
This web site and the services provided on and via this web site are provided on an "AS IS" basis. You agree that the Secretary reserves the right to modify or discontinue provision of this web site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. The Secretary will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
4. Your Responsibilities and Registration Obligations
In order to use this web site or certain parts of it, you agree that you are familiar with and understand the following:
(a) Delaware Notary laws (Title 29, Chapter 43) including, but not limited to the eligibility and application requirements for applicants;
(b) the information contained in the “Notary Public Instructions and Guidelines” and any other such guidelines and instructions as may be posted from time to time on the notary.delaware.gov web site;
(c) the requirements, responsibilities and importance of properly performing a notarization.
If appointed, you also further agree to seek training (beyond any training required by law) as deemed necessary by the Secretary to ensure the proper performance of said duties.
5. Registration and password
You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify the Secretary of any unauthorized use of your user account, user name or password.
6. Your Conduct
By using this web site or any service provided, you explicitly agree that:
(a) You will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory;
libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus
or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law.
(b) You will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you.
(c) You will not collect or harvest any information about other users.
(d) You will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters,
pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without the site editor's prior written consent.
7. Third-party services
Goods and services of third parties may be listed and/or may be made available on or through this web site. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties. The Secretary will not in any
manner be liable for or responsible for any of your dealings or interaction with third parties.
8. Indemnification
You agree to indemnify and hold harmless the Secretary and the Secretary's representatives, affiliates, related parties, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this web site or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.
9. Disclaimer of Warranties
You understand and agree that your use of this web site and of any services or content provided (the “service”) is at your own risk. Services and content are provided to you “as is”, and the Secretary expressly disclaims all warranties of any kin, either implied or express, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Secretary makes no warranty, either implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download.
10. Limitation of Liability
You expressly understand and agree that the Secretary will not be liable for any direct, indirect, special, incidental, consequential or exemplary damages; this includes, but is not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Secretary has been advised of the possibility of such damages), resulting from (i) the use of services or the inability to use services, (ii) the cost of obtaining substitute goods and/or services resulting from any transaction entered into on through services, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements by any third party or conduct of any third party using services, or (v) any other matter relating to services.
11. Reservation of rights
The Secretary reserves all rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the Secretary may have in respect of this web site, its content, and goods and services that may be provided. The use of the Secretary’s rights and property requires prior written consent. By making services available to you, the Secretary is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services
12. Applicable law
You agree that these Terms of use and any dispute arising out of your use of this web site or products or services provided will be governed by and construed in accordance with the law of the State of Delaware. By registering for a user account on this web site, or by using this web site and the services it provides, you accept that jurisdiction is granted to the applicable Delaware court jurisdiction, and that any disputes will be heard by the said courts.
13. Miscellaneous information
(i) In the event that any provision of these Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable;
(ii) The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect; (iii) The Secretary may assign the Secretary's rights and obligations under these Terms of use; in this event, the Secretary will be relieved of any further obligation.
