GenuineFile Service Agreement

YOU MUST READ THIS GENUINEFILE SERVICE AGREEMENT ("SUBSCRIBER AGREEMENT") BEFORE APPLYING FOR, ACCEPTING, OR USING OUR NOTARIZATION SERVICES. IF YOU DO NOT AGREE TO THE TERMS OF THIS SUBSCRIBER AGREEMENT, DO NOT APPLY FOR, ACCEPT, OR USE GENUINEFILE NOTARIZATION SERVICES.

1. Description of Service.
   a) The GenuineFile Service allows you to query GenuineFile.com database for information about arbitrary files using the file's cryptographic hash as a key. If the submitted hash (also called fingerprint) exists in the database, you are given the information stored in GenuineFile database about the file which has the same hash as the hash that you submitted.
   
   b) Upon your registration with GenuineFile, the GenuineFile Service also allows you to perform digital notarizations, using our GenuineFile Service and optionally your digital certificates issued by GenuineFile recognized Certification Authorities, for the purpose of authenticating files. After registering your account with GenuineFile you will be allowed to perform digital notarizations by submitting digital fingerprints (hashes) of your files to GenuineFile.com. Upon reception of a fingerprint, GenuineFile adds the fingerprint into its database for later querying by users who receive copies of the file you notarize. Optionally, the fingerprints can be digitally signed and timestamped, in which case GenuineFile also verifies the validity of your signature and the accuracy of the timestamp.
2. Use Restrictions. You are prohibited from using GenuineFile services (i) for or on behalf of any other organization, (ii) for notarizing any files you are not a leagal owner or user of, (iii) to distribute malicious or harmful content of any kind or content that would otherwise have the effect of inconveniencing the recipient of such content, (iv) for any purpose other then its intended use. Any attempt to deceive consumers and/or relying parties shall result in GenuineFile stopping your account immediately.
3. Software License. GenuineFile.com hereby grants to you, and you accept, a limited, non-exclusive, non-transferable, non-sublicensable, revocable, royalty free license to use the GenuineFile software for the sole purpose of using the GenuineFile Service and for no other purposes. GenuineFile.com specifically reserves all rights in and to GenuineFile shell extension not expressly granted hereunder. The grant of license may not, in whole or in part, be assigned, transferred, pledged, mortgaged or otherwise encumbered by you to any third party. Nothing contained in the Agreement shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any intellectual property of GenuineFile.com. You specifically agree not to copy, modify, disassemble, decompile, or otherwise reverse engineer the GenuineFile shell extension, or prepare any derivative works based upon the software. You agree not to remove or destroy any copyright marks or copyright legends placed upon or contained within GenuineFile shell extension.
4. Digital Notarization Not Legally Binding. GenuineFile.com does not represent nor warrant that documents digitally notarized using the GenuineFile Service provide the same legal value as documents signed by a traditional notary. The legal value of a digitally notarized document will vary depending on your jurisdiction.
5. Additional Representations. By creating an account with GenuineFile.com on behalf of a company you represent that the registration form has been submitted by a responsible official or representative empowered and authorized by the organization named in the Application (the "Company name") to certify that the conditions set forth in this Subscriber Agreement have been, or shall be, met in full by the Organization. You also warrant that this statement shall be true during the term of this Subscriber Agreement.
6. Warranties.

   (1) GenuineFile.com Warranties. GenuineFile.com warrants to you that there are no errors introduced by GenuineFile.com in our fingerprint submission and signature verification processes.
   
   (2) Your Warranty. You warrant to GenuineFile.com and anyone who relies on signatures and fingerprints you submit to GenuineFile.com that (a) all the information you provide to GenuineFile.com is accurate; (b) no registration information you provided (including your e-mail address) infringes the intellectual property rights of any third parties; (c) the registration information you provided (including your email address) has not been and will not be used for any unlawful purpose; (d) you have been (since the time of its creation) and will remain the only person possessing your private keys used to sign documents with GenuineFile and no unauthorized person has had or will have access to your private keys; (e) you have been (since the time of its creation) and will remain the only person possessing any challenge phrase, PIN, software, or hardware mechanism protecting your private keys used to sign documents with GenuineFile and no unauthorized person has had or will have access to the same; (f) you are using your GenuineFile.com account exclusively for authorized and legal purposes consistent with this Agreement; (g) each digital signature created using your private key is your digital signature, and the certificate has been accepted and is operational (not expired or revoked) at the time the digital signature is created; (h} you manifest assent to this Subscriber Agreement as a condition of using GenuineFile notarization services. You also agree that you will not monitor, interfere with, or reverse engineer the technical implementation of signing, fingerprinting, and verification processes, except with the prior written approval from GenuineFile.com, and shall not otherwise intentionally compromise the security of the GenuineFile system and its users.

   Disclaimers of Warranties. YOU AGREE THAT YOUR USE OF GENUINEFILE.COM'S SERVICE(S) IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. GENUINEFILE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OTHER THAN THE WARRANTIES AS SET FORTH IN SECTION 6, GENUINEFILE.COM DOES NOT MAKE ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIRMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTTAINED THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLEY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOUR FROM A THIRD PARTY.
7. Relationship of the Parties. You and we are independent contractors, and nothing in this Agreement will create any Affiliateship, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
8. Indemnity. You agree to release, indemnify, defend and hold harmless GenuineFile.com and any of our contractors, agents, employees, officers, directors, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney's fees and expenses, of third parties relating to or arising out of (a) this Agreement or the breach of your warranties, representations and obligations under this Agreement, (b) falsehoods or misrepresentations of fact by you on the registration application, (c) any intellectual property or other proprietary right of any person or entity, (d) failure to disclose a material fact on the registration application if the misrepresentation or omission was made negligently or with intent to deceive any party, (e) failure to protect the private keys, or use a trustworthy system, or to take the precautions necessary to prevent the compromise, loss, disclosure, modification or unauthorized use of the private keys under the terms of this Agreement. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us, your failure to provide those assurances may be considered by us to be a material breach of this agreement. We shall have the right to participate in any defense by you of a third-party claim related to your use of any GenuineFile.com services, with counsel of our choice at your own expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of this Agreement.
9. Force Majeure. Except for indemnity obligations hereunder, neither Party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, armed conflict, terrorist action, labor strike, lockout, boycott, provided that the Party relying upon this Section shall have given the other party written notice thereof promptly and, in any event, within (5) days of discovery thereof and (ii) shall take all reasonable steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in aggregate, the other party may immediately terminate this Agreement.
10. Export. You acknowledge and agree that you shall not import, export, or re-export directly or indirectly, GenuineFile software, to any country in violation of the laws and regulations of any applicable jurisdiction. This restriction expressly includes, but is not limited to, the export regulations of the United States of America (the "United States"). Specifically, you shall not download or otherwise export or re-export GenuineFile software into or to (i) a national or resident of) Cuba, Iran, Libya, Sudan, North Korea, Syria, or Taliban controlled areas of Afghanistan or any other country where such use is prohibited under United States export regulations, or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Denial Orders. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
11. Severability. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
12. Waiver. Our failure to enforce any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
13. Term and Termination of the Agreement. The term of this Agreement will begin upon your registration at GenuineFile.com web site or your first use of GenuineFile software, whichever occurs first, and will end when terminated by either party. You may terminate this Agreement at any time, with or without cause, for any reason, by giving us written or electronic notice of termination. We may terminate the Agreement if you breach any provision of this Agreement by giving you written or electronic notice of termination. Upon termination of this Agreement for any reason, you will immediately cease any use of GenuineFile services.
14. Modifications to this Agreement. We may modify any of the terms and conditions of this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on Our Sites or by sending you a written notice by email or other delivery. If any modification to this Agreement is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following our posting of a change notice or new agreement or our written notice to you will constitute your binding acceptance of the change.
15. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous written or oral agreements or representations between the parties.

YOU DEMONSTRATE YOUR KNOWLEDGE AND ACCEPTANCE OF THE TERMS OF THIS SUBSCRIBER AGREEMENT BY EITHER (I) SUBMITTING A REGISTRATION APPLICATION TO GENUINEFILE.COM, OR (II) USING THE GENUINEFILE NOTARIZATION SERVICES, WHICHEVER OCCURS FIRST.

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