Terms Of Service & Engagement

Created February 10, 2019 (unless otherwise indicated): Terms Of Service & Engagement for your Business Relationship with Harry Otto, Harry Otto Creative, LLC, White Plains Apostille & Mobile Notary, Corporate Apostille, Westchester Apostille and Related Entities (collectively referred to as “We,” “Us,” or “Our”).



IMPORTANT:

By accepting payment or having accepted a payment deposit from Us, you (the “Company” or “You”) agree to be bound by the Terms of Service provided below. There are no exceptions or opt-outs.

If You do not agree to these terms, You have the option to terminate our business relationship and issue a full refund in the manner in which the payment was received. You are expressly prohibited from accepting payment or consideration without fully accepting this agreement.

Furthermore, You are legally obligated to abide by these Terms of Service conditions if You have secured a future payment by soliciting and storing our credit card or banking information. If You have not taken payment or secured our credit card or banking info, your Terms of Service would apply because You have provided a value without compensation. Although You have legally “accepted our terms” by usage of the email address, We will not enforce the agreement until You have accepted payment or secured our credit card or banking information. This obligation extends to situations where You have used the following email addresses to correspond with Us. You acknowledge this provision if You have sent a “verification email link” to:

“you-are-bound-by-our-terms-of-service@legal.harryotto.com“
“yourcompany-agrees-to-terms-found-here@legal.harryotto.com“
“yourcompany-agrees-to-terms-found@legal.harryotto.com“



THIS AGREEMENT TAKES PRECEDENCE OVER ALL OTHER AGREEMENTS, WHETHER ORAL OR WRITTEN.

Consideration and Precedence under the Uniform Commercial Code:

This Agreement shall take precedence upon any company’s acceptance of consideration, monetary or otherwise, from Us. Per the Uniform Commercial Code adopted in all U.S. states, the giving of consideration activates this Agreement as the binding and solely governing terms between the parties. Any pre-existing or subsequently updated terms of service by the company are null and void upon acceptance of consideration from Us. Acceptance is defined as charges approved, payments received, services rendered, or any other action constituting consideration under the UCC.

Terms of Service

This Terms of Service agreement (the “Agreement”) is entered into by and between Us and any individual or entity (“Company”) that engages in business transactions with Us. This Agreement also applies when We engage a company for services or purchase a product, including but not limited to vehicle leases, office leases, cell phone provider agreements, gym or country club agreements, credit card agreements, cable television, internet or electricity accounts, doctors, dentists, hospitals, or any other possible company that takes or doesn’t take money and is licensed or unlicensed. This also applies to charities that We fund. By engaging in any business or dealings with Us, You agree to be bound by the terms and conditions set forth in this Agreement and agree that this agreement supersedes any agreement You may think You have in place.

When You do business with Us, YOU UNEQUIVOCALLY AGREE TO THIS TERMS OF SERVICE AGREEMENT, WHICH MEANS THAT THIS AGREEMENT IS ALWAYS THE MOST IMPORTANT ONE. IT TAKES PRECEDENCE OVER ANY PREVIOUS AGREEMENTS, NO MATTER WHAT THEY SAY. THERE ARE NO EXCEPTIONS TO THIS RULE. IF THERE IS EVER A CONFLICT BETWEEN THIS AGREEMENT AND ANY OTHER AGREEMENT, THIS ONE WILL ALWAYS BE THE ONE THAT MATTERS THE MOST. It will override any conflicting parts in the other agreements, making sure that this agreement’s rules are followed. In simple terms, this agreement is like a boss. It makes sure that everyone follows its rules, even if there are other rules from before. It ensures that everything goes smoothly and fairly between Us.

Information Collection and Usage

1.1 Limitations on Information Usage

Any company that collects information from Us, by any means, is strictly prohibited from using such information for any purpose other than providing the agreed-upon service. Under no circumstances shall this information be shared with third parties, even if the company believes they have been granted such rights in their boilerplate agreements. To share or disseminate this information, a separate and independent information-sharing license must be purchased from Us. This license shall be established as a separate agreement, overriding any previously made agreements, including this one, that may have been assumed to grant such rights. The right to personal information has never transferred, and will never transfer, to any company doing business with Us.

1.2 Activation of Agreement

If We sign an agreement with any company, regardless of the documents signed, this Terms of Service (TOS) agreement will be considered activated and incorporated at that time. In the event that the other company’s agreement is so “boilerplate” that the modification cannot be made to include this TOS agreement, a copy of this TOS agreement will be promptly sent to the company’s registered address via USPS certified mail. In the interim period, if any issue arises that may be in conflict with any of the agreements before the company receives the updated terms by certified mail, the agreement that is most fair to the party with the most to lose will always take precedence. For instance, if We possess your personal information and You encounter an issue with any of our practices, the agreement will automatically favor You as the owner of the information. We strive to ensure a fair and balanced approach to any conflicts or discrepancies that may arise, giving priority to protecting the rights and interests of all parties involved.

1.3 Communications Between Us

In order to promote effective communication, both We and the Company commit to refrain from using no-reply email addresses, such as “donotreply@yourcompanyhere.com.” We firmly believe that such emails are categorized as spam and are indicative of poor customer service. We place great importance on engaging in open and meaningful communication as an essential aspect of our business relationship. If a company chooses to send communications using a no-reply address or employs email practices that involve unnecessary hurdles or require the submission of personal information, or if they insist on opening an account with the company at a “myaccount.spamcompany.com” URL solely to access the message, those messages are, and will always be considered “phishing” and marked as spam.

Companies are obligated to check the latest version of this Agreement at legal.harryotto.com prior to each recurring billing cycle or request for payment. Acceptance of any payment constitutes renewal of this Agreement as it exists at that time.

1.4 Prohibition on Collection Agency Dissemination

In the event of a disagreement between Us and a company, no information shall be disseminated to a collection agency or similar entity. The permitted recourse shall be limited to either small claims court or the superior court in the state of New York, or the federal court in White Plains or New York City. Collection agencies and similar entities are absolutely prohibited from involvement in any dispute resolution process. We will never share your information with a collection agency and if You, or your company shares ours, You and your company will be sued in federal court. No exceptions. We have a zero-tolerance policy for information sharing without the appropriate license. If You or your company cannot agree to this stipulation, You need to immediately send Us notice to cancel any and all agreements that may have been signed.

1.5 Junk Fees Prohibited (added on September 22, 2023)

We strongly oppose the practice of imposing junk and fake fees, and We affirm that We do not charge them and will not pay them. Companies that base their business models on fake and junk fees are detrimental to society, violate this Terms of Service (TOS), and need to reassess their business models and contributions to society. Such practices are considered unethical and morally wrong, as they go against principles of integrity and fairness, including those found in religious texts like the Bible. Even individuals with absolutely no moral compass, like Joe Biden, recognize the harm caused by these fees. It’s evident that these fees are universally condemned and go against basic principles of right and wrong.

Here are some examples of unauthorized junk fees:

  • Imposing a late fee on an account that is in dispute or exceeding New York legal usury limits.
  • Imposing a fee to deactivate a device (simply flicking a switch), such as an EZ-PASS tag, a cable box, or a subscription service.
  • Charging a fee without providing at least 48 hours’ notice to the customer.
  • Charging a fee to send someone to collections.
  • Any fee where the action taken is solely to “protect the company’s interests” rather than actually providing a service.

1.6 All Agreements in Writing

We are committed to ensuring that all agreements are in writing to establish clarity and avoid misunderstandings. Even text messages should be construed as “in writing” for the purpose of our agreements. If a contract is involved, it must be signed by both parties, never by only one party. Hyperlinks that attempt to incorporate additional terms or obligations into the contract are strictly prohibited. We consider such techniques to be shady and reserved for sneaky bottom-feeder companies.

In your relationship with Us, “in writing” is defined as any promises or representations made by Us through an Invoice, Proposal or Estimate (after they are approved and paid) or Text (after both parties agree in writing).

1.7 Credit Reporting Agency Restrictions

No information shall or will be reported to consumer or business credit reporting agencies without the purchase of an additional ‘credit information sharing license.’ This provision is repeated twice in this agreement because it is essential that You understand and agree to this term. This license, typically available at an affordable cost of approximately 1-3% of the contract value, must be obtained to authorize the sharing of approved information with credit bureaus or as seen below, data and information aggregators.

Let’s consider an example: if We decide to purchase a Tesla Model X Plaid for $100,000, Tesla, or its financing arm, may acquire a ‘credit information sharing license’ for between 1-3% of the total contracted price (including sales tax if included). This license enables Tesla to share specific approved information with one credit bureau, or entity. In case they wish to share information with additional credit bureaus or entities, or if that sole credit bureau might share with yet another credit bureau or entity, additional licenses must be obtained. It is important to note that for every license issued, a responsible individual is employed to closely monitor the information granted to You in your license and work with regulatory agencies when necessary.

The restrictions in this section apply similarly to data/information aggregators and brokers, for which information sharing licenses must also be purchased separately.

1.8 Data & Information Aggregators

The following information aggregators are included in our comprehensive “banned list,” and We will never disclose your information to them. If You are conducting business with Us, You are strictly prohibited from sharing any data with these companies under any circumstances, without exception:

  • CLUE by LexisNexis & LexisNexis Parent & Subsidiaries
  • Arity
  • Otonomo
  • Wejo
  • CARUSO
  • TruView
  • Truework
  • The Work Number by Equifax
  • InVerify
  • EmpInfo
  • CCC Verify
  • Payscore
  • Argyle
  • Atomic
  • GoodHire
  • Truv
  • Persona
  • Powerlytics

The below listed information aggregators are completely prohibited from receiving your data (from Us). However, an IP license can be obtained and issued on a case-by-case basis from Us for the purpose of sharing pre-approved corporate or personal information:

  • Equifax (Consumer Credit Reporting Only)
  • TransUnion
  • Dun & Bradstreet

Absolute Prohibition on Relationships with LexisNexis, Verisk and Subsidiaries (added on March 22, 2024)

We have an uncompromising policy prohibiting any business dealings or relationships with LexisNexis, Verisk, or any of their respective subsidiaries and affiliated entities (collectively the “Prohibited Companies”). This prohibition is non-negotiable and allows for no exceptions under any circumstances.

If a company has any existing relationship, partnership, data-sharing agreement or other affiliation with any of the Prohibited Companies related to our business dealings, that company must immediately:

a) Provide written notice to Us disclosing the full nature and scope of such relationship with the Prohibited Companies.

b) Permanently terminate the relationship and certify in writing that no data has been or will be shared with the Prohibited Companies regarding Us;

c) Return any and all payments, fees or other compensation received from Us related to the business dealing(s) in question.

Upon our receipt of the required notice in (a), any and all agreements, contracts, understandings or business relationships between the parties shall be deemed null and void without further action required by either party. No licenses or other exceptions to permit relationships with the Prohibited Companies will be granted under any circumstances.

We consider any unauthorized data sharing with the Prohibited Companies regarding our business dealings to be an unlawful misappropriation of proprietary information and personal data. We reserve all rights to pursue any and all available legal remedies in such cases, including but not limited to immediate injunctive relief, sustained business dissolution, and monetary damages.

If You are interested in purchasing a license to share information with these information aggregators, please use the e-mail below to receive an IP license application. Transmitting personal or corporate information prior to obtaining a license is a violation of both New York and Federal Law, as well as potentially violating the laws in the state where your request was made.

Please direct any inquiries or concerns regarding these terms to licensing.privacy@legal.harryotto.com.

1.9 Prohibition on Deceptive Pricing and Auto-Renewal Practices

We have adopted a zero-tolerance policy against deceptive pricing tactics, lack of transparency around pricing terms, and unclear or abusive auto-renewal practices by companies. The following supplier practices are strictly prohibited when engaged in business dealings with Us:

a) Advertising an introductory or “hook” price for an initial period without clearly and conspicuously disclosing the renewal pricing that will take effect after that period. Any such disclosures must use a font size and presentation no less prominent than the advertised introductory price itself.

b) Automatically renewing any subscription services, memberships, or recurring bills beyond the initial contracted period without providing advance written notification to Us at least 30 days prior to renewal. This notification must clearly state the upcoming renewal, the renewal price/fees, and instructions for cancellation.

c) Increasing renewal pricing from the original contracted price/fees without express written consent from Us agreeing to such increase.

d) Burying auto-renewal terms or pricing details in a separate section, fine print, links or other obscure locations rather than clearly outlining all pricing and renewal terms in the main body of the contract/agreement.

Any attempts by companies to charge Us for renewal fees in violation of these prohibitions will be disputed as an unauthorized charge. We reserve the right to cancel any services, memberships or contracts and pursue appropriate legal remedies in such cases without penalty.

Companies must be fully transparent in their pricing and renewal practices. Deceptive tactics aimed at luring customers into unwanted auto-renewals or fee increases are unacceptable and will result in termination of our business relationship.

e) Requiring a more burdensome or difficult process to cancel services than was required to initially sign up or subscribe. Cancellation policies and mechanisms must be no more onerous than the sign-up process. For example, the predatory practices of companies like Planet Fitness, which allows new members to sign up online in seconds but then requires a certified letter with return receipt to cancel, are strictly prohibited. Such tactics designed to make cancellation unreasonably difficult are an unethical attempt to trap customers into unwanted renewals and fees. Cancellation of any services or subscriptions with Us must be possible through a mechanism no more complex than the sign-up process itself.

Companies must treat cancellation with the same ease and respect as acquiring a new customer. Erecting barriers, runarounds or intentionally opaque cancellation procedures under the guise of “policy” is a deceptive and wrongful practice. We will not tolerate any such customer-hostile cancellation processes from vendors. Transparency, honesty and true consumer choice must be exhibited at every stage of the customer lifecycle.

Jurisdiction

This Agreement shall be governed and construed in accordance with the laws of the state of New York, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in White Plains or New York City, New York. Arbitration is not permitted under any circumstances. Let’s leave arbitration to the Harvey Weinsteins, Verizon, Wells Fargo, AT&T, Optimum and similar bottom-feeders. And to be clear, if one of these companies does business with Us, arbitrations clauses are null and void.

Entire Agreement

This Agreement constitutes the entire understanding between Us and the Company, superseding any prior agreements or discussions, whether written or oral. No need to shuffle through a bunch of outdated paperwork or reminisce about past conversations. This Agreement stands as the ultimate guide to our business relationship, ensuring clarity and transparency.

Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. We’re all about salvaging the essence and keeping things intact. Even if a minor hiccup tries to throw Us off course, We’ll adapt and forge ahead, focusing on the core of our agreement.

Waiver

The failure to enforce any rights or provisions of this Agreement shall not constitute a waiver of such rights or provisions. We believe in second chances and the occasional forgiving spirit, but that doesn’t mean We won’t stand firm when it truly matters. Let’s learn from our mistakes and keep moving forward.

Updates and Modifications

We reserve the right to update or modify this Agreement at any time. As the world evolves, so do our needs and expectations. Rest assured, any modifications will be communicated to You in a timely and clear manner. We are committed to ensuring transparency and keeping You informed of any changes. Whenever there is an update to this Agreement, We will mail out the revised version to You and the certified mail receipt will serve as the official date that the update took effect. If You ever need proof of the mailing, You can request current images of these certified mail receipts from Us, and We will gladly provide them without charging any junk fees. We believe in open communication and maintaining a strong relationship with our valued customers and vendors. Together, We adapt and grow as the world around Us continues to evolve.

Contact Information

If You have any questions, concerns, or simply want to say hello, We’re here for You. You can reach Us at the following contact information:

PO Box 144 White Plains, New York 10605 Phone: (914) 441-2444 Email: tos.legal@harryotto.com

We value open lines of communication and believe in the power of connection. So don’t hesitate to reach out—We’re just a phone call or an email away.

By engaging in business transactions with Us, You acknowledge that You have read, understood, and agreed to the terms and conditions outlined in this Agreement. Let’s embark on this journey together, honoring our commitments and building a fruitful partnership that stands the test of time.

IF YOU HAVE DIFFICULTIES WITH THE ENGLISH LANGUAGE, WE CAN PROVIDE THIS AGREEMENT TO YOU IN ANY LANGUAGE OR READ IT TO YOU IN PERSON OR OVER ZOOM AND PROVIDE YOU WITH A WRITTEN AND CERTIFIED TRANSCRIPT. IT IS ESSENTIAL THAT YOU UNDERSTAND EVERY PART OF THIS AGREEMENT.

FAQ Concerning This Agreement & Its Enforceability:

Why does this agreement claim to supersede other contracts? Our aim is to restore basic principles of fairness, transparency and consumer protection that are often lacking in densely-worded, one-sided “boilerplate” agreements. By accepting consideration (payment) from Us, companies are affirmatively agreeing that this human-readable, pro-consumer agreement will govern our business relationship, rather than burying critical terms in legalese the average person cannot understand.

What about sharing personal data with credit bureaus/information brokers? In an age where personal data has tremendous economic value, We believe individuals and companies should be compensated if their information will be used for a third party’s profit. The data licensing provisions simply ensure the data’s owners receive a fair share of that value exchange through a reasonable fee-based structure.

Why prohibit mandatory arbitration clauses? Arbitration inherently favors the party with superior bargaining power and can deprive individuals and small businesses of their constitutional right to pursue legitimate claims through our legal system. We reject any erosion of this fundamental civil right.

What’s wrong with “no-reply” email communication? No-reply emails symbolize terrible customer service by design. They ignore basic etiquette, shut down any potential dialogue, and treat counterparties as lower priorities than the sending company’s own internal processes. We demand true two-way communication.

How can “junk fees” be defined objectively? While the label is necessarily subjective, the intent is to identify fees that provide no actual service of value to the fee-payer. Legalistic language should not be used to legitimize fees that solely “protect the company’s interests” or exist to extract ill-gotten profit at a counterparty’s expense.

Our terms & conditions aim to realign business practices with core principles of good faith, ethics, and equitable treatment of all parties. We understand this may require an adjustment period, but restoring these values benefits society and raises universally accepted standards of fairness in commerce.