Terms of Service

www.lottalegal.com

Lottalegal Terms and Conditions and Policy

  • Please read this document very carefully!
  • This document’s motive is to inform the website visitors about the Lottalegal’s policies regarding the collection, use, and disclosure of Personal Information on our site.
  • Any customer using our services, their actions are liable to our “Terms and conditions” and “Privacy Policy” mentioned on our website.
  • If you are against or don’t approve of any term or policy mentioned in this document, we humbly suggest you not access or register with any of the Lottalegal’s services.
  • If you are using our services, it directly signifies that you approve of our current mentioned terms and conditions provisions.
  • We can modify the mentioned terms and conditions anytime if required. Therefore if you use our services, it is suggested that you should stay updated with our terms and conditions.
  • If you have any doubt regarding our terms, please contact us at (888) 291-2393 or mail us at [email protected].
  • Lottalegal is liable to have and retain the information you will share with us if you use our services. We won’t share your info with some third party, excluding situations mentioned in the privacy policy. Still, in any case, we will make sure to keep your information safe under applicable data privacy laws, including GDPR.

Contracting Parties:

The described the terms and conditions are an agreement between Lottalegal (“we,” “us,” and “our”) and you (“you,” “your,” and “User”)or (each a “Party” and collectively, the “Parties”) regarding the use of the services provided on this website. We at Lottalegal connect the user with online notaries commissioned in Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware(Temporary), Florida, Georgia(Temporary), Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine(temporary), Maryland Massachusetts(temporary), Michigan, Minnesota, Mississippi(Temporary), Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina(Temporary), North Dakota, Ohio, Oklahoma, Oregon Pennsylvania, Rhode Island( Temporary), South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. These virtual notaries connect via secured audio-video conferencing with the user to carry out the notarial act.

This Platform is exclusively for;

  • Commissioned online notary publics,
  • Individuals wishing to notarize the document
  • Organizations seeking notary services.
  • Individuals acting as Credible witnesses

You must be 18 or above to utilize Lottalegal services.

Revisions of Terms and Conditions and Privacy Policy:

We will make necessary changes to our Terms and Conditions and Privacy Policy from time to time. To stay updated, you can easily check these from our website. While you click “I Accept,” we would naturally consider that you are well aware and agree with the Lottalegal’s Terms and Conditions and Privacy Policy effective on that date.

NOTICE OF ARBITRATION AND CLASS ACTION WAIVER PROVISION:

In case of any dispute concerning you and Lottalegal, we will attempt to resolve the significant issue by BINDING ARBITRATION as per individual capacity.

Therefore under these terms and conditions,

  • You will abandon your right to go to court. (Except for issues that you can represent in front of the small claims court)
  • The arbitration procedure will be neutral and fair as a court, but you have limited rights as you have in a court. Nevertheless, you will still have a right to a fair hearing in Arbitration, too!
  • You also have to abandon your right to act as a Class member, Class representative, or even private attorney in court or Arbitration.
  • Only a neutral ARBITRATOR will decide your rights; therefore, no judge or jury will have a say on it.
  • The decision of the neutral Arbitrator will be as valid and enforceable as a Court’s judgment.
  • The court will have negligible Inspection access to the Arbitrator’s decision.

You can check the American Arbitration Association’s website’s Section 25 of these Terms of Service at adr.org/consumer to understand the Arbitration procedure and its functioning better. You can also call them at (800) 778-7879 in case of any query.

RIGHT TO OPT-OUT OF ARBITRATION AND CLASS ACTION WAIVER PROVISION

If you give us a notice within 30 days of agreeing to Lottalegal’s terms and conditions, you can easily opt-out of the Arbitration and Class Action Waiver provision. It should be clear that, along with you, that provision won’t apply to us after your opt-out. Now considering, in future, you want to agree with our terms and conditions,
  • In case you have already chosen to opt out in the past, the opt-out will remain in effect in the future too.
  • If you haven’t chosen opt-out in the past, you have to first give us a notice within 30 days that you agree with our terms and conditions and opt-out of the Arbitration and Class Action Waiver provision.

    • Notices

    Lottalegal accepts all the notices on our official email address [email protected]. You can send your notice at any time to this email address. Just send the notice via the same email account you have provided while filling up the user form.

    No Legal Advice

    We want to clarify that this website doesn’t provide any type of legal advice or suggestion. Our website is only for informational and notarization services. We don’t support using our content as a substitute for legal counsel.

    Modifications to Terms of Service

    Clients can review the most updated Terms of service on the website at any point of time. We keep on updating the terms and rights and keep it updated with the modifications required as per the guidelines. We consider it our responsibility for amending the Terms of Service or any part of it that is beneficial for our clients. Your sustained use of or admittance to the Website, or use of any services proffered on the Website, along with the posting of any changes to these Terms of Service signifies the acceptance of those modifications.

    Platform:

    Considering if you choose virtual sessions on the Lottalegal, it might involve;
  • Notarization like oath or affirmation administration, carrying an acknowledgment, etc
  • A signature witnesses witnessing
  • Unnotarized signings
    • We do not, in any case, support introductions by credible witness’s oaths. Multiple signer signings For Multiple signer signings, all the signers need to log in with the provided Signer user ID to carry the notarial cat by audio-video conferencing. If all the signers don’t connect simultaneously with the virtual notary, signers have to sign a separate counterpart of the notarizing document after the verification by the notary. The technology Lottalegal used to carry out the Online Notarization service includes other organizations’ programming code components, but these are licensed to us for usage. These organizations have supported Lottalegal by providing us with updated software for payment processing, credential analysis, and identity verification techniques. Lottalegal and our partner organizations can change, update or even discontinue software services anytime when required.

    Mobile Notarization or Physical Face to Face electronic notarization:

    Along with premium “Remote Online Notarization” services, Lottalegal also offers “Mobile Notarization/ Physical Face to Face electronic notarization” services. If you choose the Mobile Notarization service, the notary public will come to your designated place, day, and time to perform the notarization act. The level of security and safety of our Electronic notarization is the same as RON. Remote notary uses electronic technology for signings, unlike traditional notarization ways where electronic signatures instead of inked signatures and electronic seals instead of notary stamps are used to notarize the document. Lastly, the notary uses a secured public key to affix the document into a Word file or PDF form. These tamper-proof documents are safe from any illegal alterations. We want to clarify that Lottalegal is not answerable or liable in case of any loss incurred. We have no responsibility regarding the acceptance of an online or printed copy of our notarized documents.

    Payment:

    After completing the notarial act, you need to pay for our notarization services.
    Our cost for all the notarization sessions is the sum of the following:

    • $25 for the notarized signature of the primary Signer
    • $12 for the notarized signature of the additional Signer with an extra notary seal
    • $6 for the notarized signature of an additional signer that doesn’t need an extra notary seal
    • $6 for the additional signature of any of the signers

    It should be evident that these charges might vary from state to time as per the allowed set by the applicable state laws. Our notary public will let you know the total payable cost per document.

    You don’t need to pay the notary directly as we collect the fee on behalf of our online notaries. You can pay either with a debit card, credit card, or even Paypal. After the completion of the payment, Lottalegal doesn’t store any information. The payment total won’t include any applicable sales tax or other tax charges. If a particular notarial act might demand Lottalegal for remitting such tax to the relevant authority, the notary public must inform us before performing the notarial act. Lottalegal will collect this tax amount from the Signer at the payment time.

    In case of any amendment in the payment section, we will notify our online notary public before implementing these changes on our website that might concern the users.

    Electronic Document:

    Lottalegal supports the sole use of electronic documents, electronic signatures, and eSeals. When applying to notarize the document, you can upload the electronic document in the form of DOCX, TIFF, JPEG, PNG, PDF, PPTX, BMP, JPG, or XLSX format. Suppose this uploaded document is not signed within 24 hours of uploading. In that case, it will be automatically deleted from the portal, and you have to reapply and reupload the file to notarize the document. Once notarized, the notary public will send the notarized electronic document to the user ID’s email address. This document is available for the Signer, the requestor, and the notary public until the seventh day of uploading the document. Once downloaded, the notarized document can be used by the Signer and the requestor, and, if required, the notary public to save and use it for its purpose. The notarized electronic document will have a small note that the document is notarized by Online notarization. You can print this notarized electronic document into a paper copy. A paper copy is regarded as the authentic copy of a notarized electronic document in the eyes of the law. The electronically affixed notarized document is tamper-proof. Therefore, any illegal alterations are visible to the relying individuals of the document. This document is also capable of independent verification. By applying for our service, you give Lottalegal the full permission to copy, record, edit, store, or delete the document before, after, or during the notarial act. For that very reason, Lottalegal is not answerable in case of any defect in the electronic document. The fault can be due to the notary public, Signer, or requestor’s action at the time or even before the notarization. In any case, Lottalegal is not liable for any fault.

    User Setup for Online Notarization Session:

    The credential analysis is a crucial step of notarization for the notary public to verify the Signer’s authenticity. Each state has different requirements to verify the authenticity of the Signer. In Florida, an online notary public can attest identity with the use of any of the following Signer’s ID:
    • A Florida identification card
    • A Passport issued by the Department of states or other government(acceptable only if stamped by the Immigration Services and the United States Bureau of Citizenship)
    • A driver’s license or other ID allows the Signer to drive in the country.
    • Veteran health identification card
    • An identification card issued by the Immigration Services and the United States Bureau of Citizenship
    In case the Signer is an inmate, the notary public can also use:
    • Inmate identification card(issued on or after 1991 by the Florida Department of Corrections)
    • Inmate identification card(issued by the Bureau of Prisons, United States Department of Justice)
    • Sworn or written statement by the identification document providing sworn law enforcement officers.
    In the case of Texas, any active identification card or any other authentic document that has the Signer’s clear signature and photograph. The ID proof can be issued by:
    • Federal government or
    • State government
    • Commonwealth
    • Territory
    • District
    • U.S insular possession
    Or any area subject to the legislative authority of the U.S or with reference to a deed or other means relating to a residential actual property transaction, a passport issued by some other country. You can check out the Remote online Notarization guidelines of each state to understand the credential analysis requirement of that respective state. It’s mandatory in most states for the Notary public to be present at their commissioned state at the time of notarization. To opt for online notarization, you should have a device that has a microphone and video camera operating on Windows 10, iOS 11, or macOS 10, with safari or Chrome browser. Along with this, make sure you have an internet connection and an active email account. Assure to have at least an amount of memory that can store initial unnotarized and finally notarized electronic documents. In the case of simultaneous multiple signer signings, each Signer has to apply from the respective electronic device. It is preferred that the device you are using to carry out the notarial act should be free of viruses or have updated antivirus software. During the notarial act, try to prevent disturbances by the individuals who are not part of notarization and deny them from participating in the audio-video conferencing. The notary public should always use an active notarial digital certificate to notarize the document. Further, the notary’s public duty is to ensure that the notarial act’s authenticity, security, and integrity are not affected in any case. They should also monitor that the online notarization session is protected from illegal interception.

    Creating a User Account

    To use our services, you need to create a user account. Lottalegal denies utilizing another person’s account or using more than one account. If you are not okay with sharing your required information with us, you can abandon profile creation anytime before submission by closing the browser window. If you really want to use our services, you need to give all the required details complete, accurate, and current. The user account will be updated once the online notary connects with the user to perform the notarization and uploads their digital certificate and seal, a notarial certificate form, and a photograph for the online profile. Don’t share your user account details with anyone, and log out of the account after using the service. If you are suspicious that your details have been leaked or some third party is using your account, make sure to inform us before time. In this situation, we will deny you from using your account, and if needed, we will have to disable your account. If you disobey these terms and conditions and share your account details with some third party, we will take all the strictly necessary steps to maintain the integrity of our terms and conditions.

    Online Notarization Session Procedures

    You or even the notary public can leave the audio-video conferencing before completing the notarial act. Lottalegal is not answerable or responsible for any loss for this kind of action initiated by either party. Only in the case in which the notary public personally knows the Signer and informs Lottalegal about the same. There is no need to use other techniques to verify the user’s identity. However, if that’s not the case, the notary public needs to verify the Signer’s identity with the help of identity proofing and credential techniques. The credential analysis is used to check the authenticity of the Signer’s provided credential. One of the techniques of credential analysis is to match the image on the credential with the Signer’s face. Along with this, the online notary can also use other techniques to ensure credential authenticity. Identity proofing is usually carried out through dynamic knowledge-based authentication. To prove their identity, the Signer has to answer questions formed from proprietary and public data sources that are related to their personal history. Most states demand the Signer answer at least 80% of questions right for proper authentication. The Signer has to answer these questions in a limited time, and re-takes might or might not be allowed as per their state.

    Electronic Record of Online Notarizations

    In order to maintain security and level up the credibility of the whole notarial acts, states demand online notaries to keep an electronic journal. The journal contains electronic recordings and other important information about each notarial act. Therefore Lottalegal is obliged to record the recording of the whole notarial act and store other important information about the notarial act in an electronic record. This electronic record contains information like; Date and Time of Notarization, Type of Notarial act, brief description, title, type of the notarizing document, Signer’s name, residential details, and the identity signer used to prove their authenticity. The notary public also needs to mention the criteria used to verify the Signer’s identity by personal knowledge or identity proofing and credential analysis. The need to mention the use of Online Notarization and the fee charged by the notary public is also essential. This electronic record is maintained for the mandatory time mentioned by respective state laws. For example, Florida, Pennsylvania, and Washington ask notaries to keep a journal for at least ten years, while Virginia and Texas online notarization laws consider five years are enough to keep an electronic journal of notarial acts. By opting for our service, you give the notary public and Lottalegal complete access and allow us to keep this information for the time as mentioned by your state laws. If the online notary who notarized your document will no longer work with us, we will transfer all the information to the notary public. We have full right to copy, edit, record, store, and even delete all the information in your electronic journal, including recording your notarial act.

    User Restrictions

    As a Lottalegal services user, you are restricted from using our services with illegal, obscene, indecent, or profane intent. This obligation is valid irrespective of any scenario or considering any other provision of these described terms and conditions. You are not supported to opt for online notarization if you are not confident that you will be able to complete the whole notarial act. You should behave respectfully during the notarial act and wear proper attire that goes well with a business transaction. It would be better if you won’t use a spider, bot, web crawler, web scraper, etc., to access or copy the website’s content. Similarly, don’t use any other platform to access our services that won’t support Lottalegal’s Platform. You are not allowed to access, or try to access, the Platform or its content by a method not part of the Platform’s design. You are not allowed to introduce malware, virus, spyware, or other malicious software to this Platform. Along with this, you are also not allowed to use this Platform for compilation, development, debugging, Reverse-compiling, etc. It is prohibited to practice reverse-compiling, analyzing, reverse-engineering, reverse-assembling or disassembling, unlocking, or other attempts to find the source code or algorithms of Lottalegal’s Platform. You are restricted from adapting, modifying, translating, or creating a different platform derivative or even joining the Platform into some other software. In conclusion, you cannot transfer this Platform, modify, copy, use, or merge the component owned by our collaborated licensed organization that possesses that component. Pennsylvania: You should acknowledge that the Pennsylvania Department of State will have access to the entries from the electronic notarial journal of Pennsylvania’s notary public. The notary public can also access the journal to a party inspecting an entry from the journal. If it is reasonable in scope, a notary public can give a copy of a particular entry. Virginia: You should acknowledge that on a written lawful request to check the electronic record entry for generating a certified copy of the electronic record, including that entry, the Virginia notary public needs to respond as per the request. The data, as mentioned earlier, varies from state to state.

    Intellectual Property and Other Rights

    All the rights, interests, and titles of this Platform, the activation codes, intellectual property rights, registration information, and license keys belong to us. Furthermore, the licensed components are the property of the supporting organization to whom that licensed component actually belongs. Your rights are limited and only confined to those just mentioned in these terms and conditions. Further, your privileges are non-sublicensable, non-exclusive, revocable licenses. Therefore we want to clarify again that except for the ones we may allow you in writing, these terms and conditions are non-negotiable. These terms and conditions not only apply to you but also to the assignee. Your rights will automatically end the instant you break any of the terms and conditions mentioned in this document. No party has the right to use Lottalegal icons, logos, and names, without our consent. Any other company’s or organization trademarks mentioned on this website are just for reference, and they don’t represent any association or endorsement by their corresponding holders.

    Submissions:

    In expectation of compensation, you should not submit any comments, suggestions, ideas, feedback, etc., about this Platform. In this scenario, you won’t get any type of compensation. Further, your submissions will become our property and won’t be considered confidential. Once submitted, you no longer hold any right on these submissions, and the ownership of title, right, and interests of the submissions will belong to Lottalegal.

    Third-Party Beneficiaries

    As per these terms and conditions, you have limited rights and certain obligations to follow for the benefit of the organization that owns the licensed component. Your obligations are enforceable by the owner organization as a “third-party beneficiary” against you. We want to clarify that these mandatory obligations do not favor any party. The supporting organization is legally bound to have some “third-party beneficiary,” which these terms and conditions are obliged to maintain.

    Consent Under ESIGN Act:

    The electronic record related to the transaction concerning you can be provided through email. However, we cannot provide an electronic record on paper or any non-electronic form. You are obliged to agree with the earlier mentioned statement if you approve of our terms and conditions. In case you withdraw your approval, you cannot access Lottalegal services. If you want to withdraw your approval, you have to first send an email as per the NOTICE section of these terms and conditions. You can update your email account whenever you want by logging in to your User account.

    DISCLAIMER OF WARRANTIES

    Lottalegal gives its complete effort to provide this platform “as-is,” allowed by the law. We, in no case, expressly disclaim any kind of expressed or implied warranties. Under warranty, where it is expressed, this website will be operatable with no errors; in case of error, we will try to fix all the defects and provide you with our software free from any virus. However, under these terms and conditions, if you are willing to choose our services, in any case, you are responsible for any unwanted risks. Limitation of Liability Lottalegal is not liable for:
  • any loss of profits
  • unexpected, indirect, significant, or exemplary damages
  • business interruptions
  • reputational harm
  • Data loss is due to any cause, especially your use or inability to use this Platform.
    • We are not responsible for depicting content available on this website or for your use or any unwanted conduct by some third party.

    Indemnification

    By accepting Lottalegal’s Terms and conditions, you are liable to compensate and defend the Lottalegal team, including our affiliates, directors, officers, and any of our employees. This liability acts in any loss, damage, or false claims scenarios. It also covers the required fees of attorneys due to user misuse of this Platform or disobeying any provision of the Terms and conditions. In such disputes, you have to allow us to participate in the defense willingly and won’t settle for any conclusion without our consent. We will have exclusive rights to carry defense of the matter otherwise subject to your indemnification at your expense.

    Initial Dispute Resolution

    In case of any dispute, disagreement, claim, question, etc., related to Lottalegal services or disobeying any provision under our Terms and conditions. Our first concern will be to settle that dispute, disagreement, claim, question, etc. All the related parties need to discuss the matter and try to negotiate based on mutual interests with good faith and honesty. In such a matter of dispute, disagreement, claim, question, etc., the party looking for a consultation and negotiation needs to send a notice mentioning every required detail of that dispute, disagreement, claim, question, etc. Suppose both parties don’t come to a single mutual negotiation decision, even in 45 days. In that case, they must choose Arbitration or litigation, depending on the dispute’s subject.

    Permitted Time for Filing Arbitration or Litigation

    Unless the applicable law does not mention the maximum time, you can file a lawsuit or Arbitration within the year of the cause of action. However, for the Initial Dispute Resolution, time is tolled for 45 days.

    Arbitration and Class Action Waiver

    Excluding the cases which might require small claims court, disputes related to the use of any service of Lottalegal or violation of our terms and conditions will be resolved by “Arbitration” administered by the American Arbitration Association. It works as per consumer Arbitration Rules and is managed by the neutral Arbitrator, who will have the final say too. Regarding complete information on procedures and arbitrator rosters, you can check out the American Arbitration Association’s (“AAA”) website at adr.org/consumer or even contact them at (800) 778-7879. All the parties have to let go of their right to file or participate in collective action, private attorney general action, class-wide Arbitration, or any class action, and even a proceeding where somebody acts in a representative capacity. Further, they need to approve that the proceeding will be conducted in their individual capacity. All the parties also have to let go of their right to a trial. In Arbitration, even the disclosure rights will be more limited than in court. Disputes relating to enforceability, applicability, interpretation, or Class Action Waiver provision and formation of this Arbitration will have no say by any local, state, or even federal court. The court’s claim to any part of this provision will be counted as void or voidable. Only the Arbitrator is seen as a neutral deciding authority. Therefore the Arbitrator is considered the responsible authority for solving threshold arbitrability issues or other issues where terms and conditions can be regarded as invalid or reason for Arbitration, including estoppel, delay, waiver, or laches. The Arbitrator’s judgment is final for all the participating parties and won’t have collateral estoppel or precedential effect. The decision could be declaratory or injunctive relief for the claimant. If it’s a dispute within the scope of its jurisdiction, all the parties still have the right to approach a small claims court. To understand information regarding the small claims court, including which disputes can be submitted and how you can submit them, you can check out their website or contact them on their helpline number. All the parties should know that Arbitration and Class Action Waiver provision considers all the transactions concerning interstate commerce. The Federal Arbitration Act also manages the enforcement and interpretation of the Arbitration and Class Action Waiver provision. Suppose the parties don’t agree to arbitrate disputes if the Arbitration and Class Action Waiver provision seem unlawful to the extent that conflicts would proceed on a consolidated, representative, class, or collective basis. In that case, parties can prosecute disputes in court.

    Lawsuit Venue, Jurisdiction, Jury Trial Waiver, Governing Law

    Suppose the entire Arbitration and Class Action Waiver provision or a part of that provision is discovered to be unenforceable or unlawful to the extent that it needs to proceed in litigation. In that case, the litigation must proceed either in state court, New York County court, or the State of New York court( chosen as per the parties’ mutual decision). These parties can wave off to the extent it is lawful by the jury trial rights. The wave-off won’t be an option if the law does not permit the trial waiver.

    Termination:

    You have the full authority to step down and discontinue your approval of the Terms and Conditions. You need to provide us with a “notice of termination.” After that, you can no longer use Lottalegal online notarization services. We also have the authority if, due to some reasons, we want to cease your access to our services. Consequently, we have to provide you with “notice of termination” from our side regarding terminating your access.

    Survival and Severability:

    Including the provision Arbitration and Class Action Waiver, all the provisions made to survive “Termination of Terms and services” will survive any type of termination. However, if any provision or part of a specific provision of Lottalegal Terms and Services comes out to be illegal or even unenforceable, in that case, it won’t affect the validity and enforcement of other provisions or other parts of the same provision.

    No Agency Relationship:

    These terms and services or the platform services don’t result in joint venture, partnership, employment, or agency relationship formation. Privacy Policy Please Check out the “Privacy policy” page for this information.

    Waiver and Remedies:

  • Lottalegal wants to clarify that a delay or failure in exercising a right, remedy, or enforcing an obligation, doesn’t count as a waiver of that right, remedy, or duty.
  • Further, a waiver of a breach of a particular provision of these Terms and Conditions won’t mean a release of any other violations of other provisions mentioned in these terms and conditions.
  • All the remedies are cumulative and not alternatives as mentioned under these terms and conditions or on other occasions.

    • Force Majeure

    We are not answerable for delay or non-activity if the reason for the delay is out of our reach to fix. Examples; include the act of the military or civil authority, epidemics, national emergencies, pandemics, fires, floods, acts of God, war, computer failure, power failure, communications failure, riots, insurrection, catastrophe, mechanical breakdown, labor difficulties, etc.

    Descriptive Headings, Definition of “Including”

    Including used means “including but not restricted to.” Therefore the descriptive headings used won’t affect the meaning of any provision mentioned in Lottalegal’s Terms and conditions. These descriptive headings are just for convenience purposes.

    Integration

    Although these terms and conditions are obligatory to be followed, we can still alter or modify them from time to time. New changes to these terms and conditions will be updated whenever we need to make amendments. These additions will be issued in a separate written “addendum” and replace the previous Terms and Conditions. There are no additional warranties, undertakings, representations, or terms other than those mentioned in a separate written addendum.