Astrean

Terms & Conditions

1. Introduction

Welcome to Astrean, Inc. (“Astrean,” “we,” “us,” or “our”). Our website and digital notary tools (collectively, the “Services”) are provided to you subject to the following Terms and Conditions. This document outlines your rights and responsibilities as a user of Astrean’s Services, and by accessing or using any part of our Services, you agree to be bound by these Terms and Conditions.

The purpose of these Terms and Conditions is to define the legal framework within which Astrean operates and to clarify the rules and regulations for using our Services. It is crucial that you read this document carefully, as it forms a legally binding agreement between you and Astrean, Inc. If you do not agree to these Terms, you should not access or use our Services.

2. User Account and Registration

Requirements for Account Creation and Registration

To use Astrean’s Services, you may be required to create an account. This process involves providing certain personal information, such as your name, email address, and, in some cases, payment information. You must ensure that all information provided is accurate, complete, and up-to-date.

User Responsibility for Account Security and Data Accuracy

You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to immediately notify Astrean of any unauthorized use of your account or any other breach of security. Astrean will not be liable for any loss or damage arising from your failure to comply with this security obligation.

You also agree to provide accurate and complete information during the registration process and to update such information to keep it accurate and complete. Failure to provide accurate, complete, and updated registration information may result in the suspension or termination of your account.

Conditions for Account Suspension or Termination

Astrean reserves the right to suspend or terminate your account and refuse any current or future use of the Services (or any portion thereof) at any time for any reason, including if Astrean believes that you have violated these Terms and Conditions. In the event of account suspension or termination, you are prohibited from creating a new account without Astrean’s express permission.

3. Intellectual Property Rights

Ownership of the Content, Trademarks, Logos, and Other Intellectual Property on the Site

All materials displayed or performed on the Services, including, but not limited to, text, graphics, logos, tools, photographs, videos, and software (collectively, the “Content”), are the property of Astrean or its licensors and are protected by intellectual property laws.

Astrean’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Astrean. The trademarks, logos, and service marks displayed on the Services are registered and unregistered marks of Astrean or others.

Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any mark displayed on the Services without the owner’s prior written permission.

Restrictions on the Use of Astrean’s Intellectual Property

You agree not to copy, reproduce, republish, upload, post, transmit, or distribute any of the Content in any way, including by email or other electronic means, without the prior written consent of Astrean. You also agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Content in whole or in part, unless authorized by Astrean in writing.

4. Use of the Service

Guidelines and Rules for Using the Digital Notary Tools and Website

When using Astrean’s Services, you are expected to adhere to the following guidelines and rules:

  1. Use the Services only for lawful purposes and in a lawful manner.
  2. Ensure that all activities conducted through the Services comply with applicable laws, rules, and regulations.
  3. Maintain the confidentiality of any information or documents you encounter while using the Services.

Prohibited Uses of the Service

You are prohibited from engaging in the following activities:

  • Unauthorized access to or alteration of the Services or any related networks or systems.
  • Interference with or disruption of the Services, servers, or networks connected to the Services.
  • Use of any automated system, including but not limited to “robots,” “spiders,” or “offline readers,” to access the Services in a manner that sends more request messages to the Astrean servers than a human can reasonably produce in the same period.
  • Reproduction, duplication, copying, selling, reselling, or exploitation of any portion of the Services, use of the Services, access to the Services, or any contact on the website through which the service is provided, without express written permission by us.
  • Harassment, intimidation, or threatening of Astrean employees or other users of the Services.

Violations of system or network security may result in civil or criminal liability. Astrean will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

5. User-Generated Content

Policies Regarding Any Content Created or Uploaded by Users

As a user of Astrean’s digital notary tools and services, you may create, upload, post, send, receive, and store content. When you provide content to Astrean for public availability, you grant Astrean and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content throughout the world in any media.

You are solely responsible for all content that you provide or upload. Astrean does not claim ownership of your content but requires a license from you in order to use your content. When you upload or provide content to our Services, you warrant that you have the right to grant us these rights.

You must ensure that any content you provide does not contain anything that is illegal, misleading, offensive, or otherwise objectionable. Astrean reserves the right, but not the obligation, to review and remove any user-generated content at our discretion.

Rights and Responsibilities Concerning User-Generated Content

Astrean does not endorse any user-generated content nor vouch for its reliability. Under no circumstances will Astrean be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services.

You agree to not use the Services to post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.

6. Privacy Policy

Reference to the Privacy Policy and How it Applies to Users

Your privacy is of utmost importance to Astrean. Our Privacy Policy, which is an integral part of these Terms and Conditions, outlines how we collect, use, and protect your personal data. By agreeing to these Terms and Conditions, you also agree to the terms of the Privacy Policy. We encourage you to read the Privacy Policy in full to understand our data practices.

Statement About the Protection of Personal Data

Astrean is committed to protecting the confidentiality, integrity, and security of the personal information of our users. We implement a variety of security measures and follow industry best practices to ensure that your data is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed. However, no method of transmission over the Internet or electronic storage is 100% secure; therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

7. Third-Party Links and Services

Disclaimer About Third-Party Links and Services on the Website

The Astrean website and services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Astrean. Astrean does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.

If you access a third-party website from Astrean, you do so at your own risk, and you understand that this Agreement and Astrean’s Privacy Policy do not apply to your use of such sites.

Statement of Non-Liability for Third-Party Services

You expressly relieve Astrean from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on Astrean, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Astrean shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

8. Limitation of Liability

Clause Limiting Astrean’s Liability in Connection with the Use of the Service

In no event shall Astrean, its officers, directors, employees, or agents, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its

9. Indemnification

User’s Agreement to Indemnify Astrean Against Claims and Damages

As a user of Astrean’s services, you agree to indemnify, defend, and hold harmless Astrean, Inc., its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the service from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions by you or any other person accessing the services using your account.

Scope of Indemnification Related to the User’s Breach of Terms and Misuse of the Service

The scope of this indemnification is intended to cover all aspects of any breach by you of these Terms and Conditions, including, but not limited to, any claim of infringement of intellectual property, any liability arising from any content you submit, post, or transmit through the services, and any breach of privacy or personal information. This indemnification obligation will survive the termination of these Terms and Conditions and your use of the service.

10. Compliance with Laws

User’s Responsibility to Comply with Local, State, National, and International Laws

You agree to comply with all local, state, national, and international laws and regulations applicable to your use of Astrean’s services. You are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the service.

It is your responsibility to ensure that your use of Astrean’s services does not contravene any laws or regulations, including those relating to digital notarization, data privacy, and electronic transactions. In the event of any conflict between these Terms and Conditions and any law or regulation, the latter shall prevail.

11. Modification of Terms

Astrean’s Right to Modify the Terms and Conditions

Astrean reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the service following the posting of changes will mean that you accept and agree to the changes.

Notification Process for Changes to the Terms

When we make changes to the Terms and Conditions, we will revise the “last updated” date at the top of this document. Astrean may also, at its discretion, notify users of such changes through the contact information provided by the users or by posting a notice on the service itself. However, the absence of a specific notification does not absolve you from the responsibility of reviewing and complying with the modified Terms.

12. Termination

Conditions Under Which Astrean May Terminate a User’s Access to the Service

Astrean reserves the right to terminate your access to the services or any portion thereof at any time, without notice, for conduct that Astrean believes violates these Terms and Conditions or is harmful to other users of the services, Astrean, or third parties, or for conduct that Astrean believes is in violation of any applicable law or regulation.

User’s Rights and Obligations Upon Termination

Upon termination, your right to use the services will immediately cease. If you wish to terminate your account, you may simply discontinue using the service. All provisions of these Terms and Conditions which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Upon termination, Astrean has the right to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the service (or any part thereof), immediately and without notice, and remove and discard any content within the service, for any reason, including, without limitation, if Astrean believes that you have acted inconsistently with the letter or spirit of these Terms and Conditions.

13. Dispute Resolution and Governing Law

Governing Law and Jurisdiction for Resolving Disputes

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state or federal courts located in the State of Delaware, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Policy on Arbitration and Waiver of Class Action

Except as otherwise provided below, you and Astrean agree that any dispute between you and Astrean arising out of or relating to these Terms and Conditions, the Astrean Services, or any other Astrean products or services (collectively, “Disputes”) shall be resolved by binding arbitration on an individual basis, except that you and Astrean are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

Arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

BY AGREEING TO ARBITRATE, YOU AND ASTREAN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING.

14. Miscellaneous Provisions

General Provisions Including Severability, Waiver, and Entire Agreement

  1. Severability. If any provision of these Terms and Conditions is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
  2. Waiver. The failure of Astrean to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
  3. Entire Agreement. These Terms and Conditions, together with the Privacy Policy and any other legal notices published by Astrean on the Services, shall constitute the entire agreement between you and Astrean concerning the Services.

Assignment Rights of Astrean

Astrean may assign its rights and obligations under these Terms and Conditions and any other agreement with the user without consent. However, the user may not assign their rights and obligations under this agreement without the prior written consent of Astrean.

15. Contact Information

How Users Can Contact Astrean for Any Questions Regarding the Terms and Conditions

If you have any questions or concerns about these Terms and Conditions or any issues related to the Astrean Services, you may contact us at:

Email: support@astrean.com
Postal Address: 2310 S Green Bay Rd Ste C, Racine, WI 53406

We encourage open communication and are committed to addressing your concerns and resolving any issues you may have.

16. Effective Date

Date from Which the Current Version of the Terms and Conditions Is Effective

These Terms and Conditions are effective as of November 15, 2023.

Astrean reserves the right, at its sole discretion, to modify or replace these Terms at any time. If the alterations constitute a material change to the Terms and Conditions, Astrean will notify you by posting an announcement on the Services. What constitutes a “material change” will be determined at Astrean’s sole discretion, in good faith, and using common sense and reasonable judgment.