You Are My Witness â„¢ User Agreement
"You" and "Your" refers to the individual or entity that has executed this agreement ("agreement") and ordered programs and/or services from ("You Are My Witness"). "You Are My Witness" is a Division of AYIN International, Inc. and henceforth referred to as "YAMW". The term "ancillary programs" refers to third party proprietary software which may only be used for the purposes as designated by YAMW. The term program refers to patent no. 7590852 process for remote electronic verification and screening of potential signatories which is exclusively licensed by You Are My Witness a Division of AYIN International, Inc. The term services, refers to YAMW Notary Public / Authorized Agent Network, videoconferencing, electronic Form I-9 document signing services, and accessible storage and retrieval, which you have ordered.
Designated Agent
You affirm, acknowledge and agree to accept YAMW Notaries Public licensee's or Authorized Agents as your designated agent on behalf of your employer for the purposes of processing your Form I-9 employee eligibility verification/certification electronic document. You also affirm, acknowledge, and agree on behalf of your employer that your employer is liable for any employer sanction violations as specified under INA: ACT 274 A;B;C Sec. 274A;B;C; 8 U.S.C. 1324a;b;c;.
Rights Granted
Upon YAMW acceptance of your order, you have the non-exclusive, non-assignable, royalty free, limited right to use the programs and receive any services you ordered solely subject to the terms of this agreement, including the definitions and rules set forth in the order and the program documentation. You and your employer are responsible for the compliance with this agreement in such use. YAMW programs and services are specifically designed to allow you to interact with a live remote certified YAMW Notary Public or Authorized Agent licensee via our secure web-based videoconferencing network to complete your electronic form I-9 employee eligibility document. You may access program and services online at http://youaremywitness.com. Services are provided based on YAMW policies for the applicable services ordered, which are subject to change, and the specific policies applicable to you and your employer.
Ownership and Restrictions
YAMW, AYIN International, Inc. or its licensors retain all ownership and intellectual property rights to the services, programs, applications, and technologies. YAMW retains all ownership and intellectual property rights to anything developed and delivered under this agreement resulting from services including but not limited to, patents, trademarks, copyrights, trade secrets, confidential information, secret information, private information, private personal information, transcripts, licenses, audio/video conference recordings, electronic or paper based documents, electronic transmissions resulting from services performed under this agreement. Third party technology may be appropriate or necessary for use with some YAMW programs and service. Such third party technology is not licensed to you under the terms of the third party technology license agreement and not under the terms of this agreement.
Remove or modify any program markings or any notice of YAMWs or its licensors proprietary rights;
Make the programs or materials resulting from the services available in any manner to any third party for use in the third partys business operations (unless such access is expressly permitted for the specific program license or materials from the services you have acquired);
Cause or permit reverse engineering (unless required by law for interoperability), disassembly or
Decompilation of the programs (the foregoing prohibition includes but is not limited to review of data structures or similar materials produced by programs);
Disclose results of any program benchmark tests without YAMW prior written consent.
Warranties, Disclaimers and Exclusive Remedies
YAMW warrants that a program and service licensed to you will operate in all material respects as described. YAMW also warrants that services will be provided in a professional manner consistent with industry standards as mandated by USCIS M-274 Employer Handbook, USCIS E-Verify User Manual, and CFR.§ Sec. 274a.2 Verification of identity and employment authorization.
Required Identification Documents
USCIS M-274 Employer Handbook rules, allows your employee to display any original form of identification they choose according to USCIS acceptable documents list and they may not be denied service. However YAMW requires government issued photo identification for all remote hire Form I-9 transactions.
Hours of Service Availability
YAMW service hours are 8:00 a.m.to 5:00 p.m. PST Monday through Friday. Weekend & Holidays service are not available at this time.
Rescheduling, Missed Appointments, and Cancellations
YAMW is not responsible for missed appointments or no shows by you. In the event of a missed appointment or no show, you may reschedule at www.youaremywitness.com. All refund processing for missed or cancelled appointments inquiries may be forwarded to accounting@youaremywitness.net.
Connectivity
YAMW anticipates 100% connectivity for all real-time web-based Form I-9 transactions, however if connectivity interruption occurs you will not be required to re-book appointment. YAMW will do its best to restore connectivity including telephone contact of you, to complete Form I-9 transaction.
YAMW DOES NOT GUARANTEE THAT THE PROGRAMS WILL PERFORM ERROR-FREE OR UNINTERRUPTED OR THAT YAMW WILL CORRECT ALL PROGRAM ERRORS FOR ANY BREACH OF THE ABOVE WARRANTIES, YOUR EXCLUSIVE REMEDY AND YAMW?S ENTIRE LIABILITY SHALL BE: (A) THE CORRECTION OF PROGRAM ERRORS THAT CAUSE BREACH OF THE WARRANTY; OR, IF YAMW CANNOT SUBSTANTIALLY CORRECT SUCH BREACH IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END YOUR PROGRAM LICENSE AND RECOVER THE FEES YOU PAID TO YAMW FOR THE PROGRAM LICENSE AND ANY UNUSED, PREPAID TECHNICAL SUPPORT FEES YOU HAVE PAID FOR THE PROGRAM LICENSE; OR (B) THE RE-PERFORMANCE OF THE DEFICIENT SERVICES; OR, IF YAMW CANNOT SUBSTANTIALLY CORRECT A BREACH IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE RELEVANT SERVICES AND RECOVER THE FEES YOU PAID TO YAMW FOR THE DEFICIENT SERVICES. TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Nondisclosure
We each agree to disclose only information that is required for the performance of obligations under this agreement. Confidential information shall be limited to the terms and pricing under this agreement. Your confidential information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
YAMW is required by law to hold your confidential information in confidence for a period of three years from the date of disclosure. YAMW will disclose confidential information only to your employer or its agents who are required to protect it against unauthorized disclosure. Nothing shall prevent either party from disclosing the terms or pricing under this agreement or orders submitted under this agreement in any legal proceeding arising from or in connection with this agreement or disclosing the confidential information to a federal or state governmental entity as required by law.
Other
1. This agreement is governed by the substantive and procedural laws of Riverside Country and you and YAMW agree to submit to the exclusive jurisdiction of, and venue in, the courts in Riverside, Orange, San Bernardino, or Los Angeles counties in California in any dispute arising out of or relating to this agreement.
2. If you have a dispute with YAMW or if you wish to provide a notice under the Indemnification section of this agreement, or if you become subject to insolvency or other similar legal proceedings, you will promptly send written notice to: AYIN International, Inc. 1240 E. Ontario Avenue 102-221 Corona, California 92881. You may not assign this agreement or give or transfer the programs and any services or an interest in them to another individual or entity. If you grant a security interest in the programs and any services deliverables, the secured party has no right to use or transfer the programs and any services deliverables.
3. Except for actions for nonpayment or breach of YAMW proprietary rights, no action, regardless of form, arising out of or relating to this agreement may be brought by either party more than two years or within the statute of limitations after the cause of action has accrued.
Contact and Billing
In consideration of your use of the YAMW Notary Public / Authorized Agent Network, you agree to provide AYIN International, Inc. with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of authorized billing and administration contacts. You agree to update this information within thirty (30) days of any change to it. If the contact information you have provided is false or fraudulent, we reserve the right to terminate this License Agreement and take appropriate legal action as may be required.
Rates and Payment
Activation of your account requires you accurately complete the employee registration form. You Are My Witness / AYIN International, Inc. license is valid for as long as its services are used by you. You agree to pay AYIN International, Inc. a price rate per Form I-9 based on your usage. See the following schedule for rates.
Your usage rate will be calculated per Form I-9 processed.
Example 1. Total Form I-9 transactions equals 12, your rate per Form I-9 is calculated as follows:
12 transactions x $39.95 rate = $479.40
Example 2. Total Form I-9 transactions equals 43, your rate per Form I-9 is calculated as follows:
43 transaction x $29.95 rate = $1287.85
You will be billed monthly per Form I-9 transaction services provided to your employees ordered under this agreement. All fees are payable in full to AYIN International, Inc. and are due upon receipt. You agree to pay a 5% late fee for not paid within 10 days of receipt.
You agree to pay any sales, or other similar taxes (if any) imposed by applicable law that AYIN International, Inc. must pay based on the programs and /or services you ordered, except for taxes based on AYIN International, Inc. income.
Refunds
Request for refunds must be sent to your employer for processing. Your employer will notify YAMW and we will investigate and if deemed necessary issue your employer a credit for refund. For additional refund information please send all inquiries to accounting@youaremywitness.net.
Log Files
We use IP addresses to analyze, track and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. This information is not shared with third parties and is used only within YAMW on a need to know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies
YAMW is an interactive website and uses cookies to enable us to retrieve user details for each visit. Some of our affiliate parties may also use cookies.
Links
You may not create a link to any page of this website without our prior written consent if you do create a link to any page of this website you do so at your own risk and the exclusions and limitations of this agreement will apply to your use of this website by linking to it.
Force Majeure
Neither of us shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); other event outside the reasonable control of the obligated party. We will use reasonable efforts to mitigate the effect of a force majeure event. This section does not excuse either party?s obligation to take reasonable steps to do everything within its power to provide the program and service under this agreement or your obligation to pay for programs delivered or services provided.
Entire Agreement
This agreement and our Privacy Policy are the entire and exclusive agreement between YAMW and you regarding the program and services you have purchased. Other than members of YAMW of which AYIN International, Inc. is the parent, no other person or company will be third party beneficiaries to this agreement.