Date Last Revised: April 15, 2020
If you do not agree with these terms and conditions, or if you are not age 18 or older, then you may not access or use the Site, create an account, make any purchases or otherwise use any Products or Services. “Using the Site, means doing actions like clicking on links, entering information, creating documents, making purchases, uploading content, enrolling in an account, or browsing. Use of the Site constitutes your agreement to all the terms, conditions, and notices contained herein. This especially includes the liability disclaimer, mandatory arbitration provision and class action waiver.
THE SITE CANNOT BE USED TO CONDUCT A BACKGROUND CHECK ON A THIRD PARTY AND IS INTENDED SOLELY FOR INDIVIDUALS TO SEARCH INFORMATION ABOUT THEMSELVES.
We are not lawyers, or a law firm and we do not provide legal advice. Our Site, Products and Services are not substitutes for the advice or services of an attorney. We recommend you consult a lawyer or other appropriate professional if you need legal advice. The accuracy, completeness, adequacy or currency of the Site, Products or Services is not warranted or guaranteed.
We strive to keep our content and documents accurate, current and up-to date. However, because the law changes rapidly, we cannot guarantee that the information contained in the Site, Products or Services is completely current or correct. The law is different from jurisdiction to jurisdiction and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tools like the kind we provide can fit every circumstance. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area. Our Site, Products and Services are not intended to create any attorney-client relationship, and your use of our Site, Products and Services does not and will not in any circumstance create an attorney-client relationship between you and us. We are not a lawyer referral service and the Site, Products, Services and other resources and information are for personal use only.
Our Site, Products and Services provide you ways to access legal information and handle legal matters yourself. The Site, Products and Services are provided on an "as-is" basis without any warranties of any kind. You are solely responsible for providing current, accurate, complete and adequate data and information, and verifying the currentness, accuracy, completeness and adequacy of any data and information provided. We will not replace or exchange any products or services or provide any refunds or credits for any products or services purchased by you that incorporate or were sold based on non-current, inaccurate, incomplete, or inadequate data or information provided by you.
2. ACCEPTING THE TERMS
By using the information, tools, features, products, document packages, software and functionality including content, updates and new releases provided by Easy Expunctions you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Site), or a “Customer” (which means that you have registered for an account with Easy Expunctions.) The term “you” or “User” refers to a Visitor or Customer. The term “we” refers to Easy Expunctions. If you wish to become a Customer or want to make a purchase, you must read this Agreement and indicate your acceptance during the registration process.
You may not use any of the Site or make a purchase and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Easy Expunctions. We do not offer or provide the Site, Products or Services outside the United States. You may not access the Site or make any purchases if you are a citizen of, or are located in, the European Union or European Economic Area.
Before you continue, you should print or save a local copy of this Agreement for your records.
3. PRIVACY AND PERSONAL INFORMATION
EASY EXPUNCTIONS IS NOT A LAW FIRM SO COMMUNICATIONS BETWEEN YOU AND US WILL NOT BE PROTECTED BY ATTORNEY CLIENT PRIVILEGE.
4. PRODUCTS AND SERVICES DESCRIPTION
Easy Expunctions is not a law firm and the Site, Products and Services are not substitutes for the advice of an attorney. Easy Expunctions provides an online portal to give you a general understanding of the law and to provide an automated software solution to individuals who choose to file their own legal documents. In most cases, you do not need to download or even license Easy Expunctions’ software. We host our software as a backend service for customers to aid in document preparation. Easy Expunctions provides access to written materials, books, forms, computer software and other similar products as well as self-help services at your specific direction. Easy Expunctions cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies. No representation is made that the quality of the services Easy Expunctions performs is greater than the quality of services performed by lawyers. Prior customer results do not guarantee a similar outcome. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your situation.
The Site, Products and Services are not intended to create any attorney-client relationship, and your use of Easy Expunctions Site, Products or Services will not create an attorney-client relationship between you and Easy Expunctions.
Products or Services purchased from Easy Expunctions must be used and/or filed within ninety (90) days of purchase unless otherwise noted and failure to do so voids Easy Expunctions’ Satisfaction Guarantee. We strive to provide amazing Products and superior Services but if you are unhappy for any reason we want you to contact us, so we can help resolve any issues. Our Products and Services are covered by our Satisfaction Guarantee, and refunds or credits will only be provided in accordance with the policies contained therein.
5. REGISTERING FOR AN ACCOUNT AND ELECTRONIC COMMUNICATION
Before you are allowed to access some areas of the Site, make purchases, download materials, or use the Products or Services, you will need to sign up for an account with Easy Expunctions. As part of the account creation process you authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your date of birth, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or Easy Expunctions cannot verify your identity, we may refuse to allow you to access the Site, make purchases, download materials, or use the Products or Services. Providing inaccurate, incomplete, incorrect or misleading information will result in your account being closed and will make you ineligible to access the Site, maintain an account, make purchases, or request a refund/credit for any purchases already made.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID e-mail address, allows you to access the Site. Your Login ID and password, together with any mobile number or other information you provide form your “Registration Information.” By providing us with your phone number and/or e-mail address, you consent to receive phone calls, text messages, emails and other electronic communications and information. Electronic communications may be posted on the Site and/or delivered to your e-mail address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Your consent to receive communications electronically is valid until you end your relationship with us.
You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.
If you become aware of any unauthorized use of your Registration or Account Information, you agree to notify Easy Expunctions immediately by contacting firstname.lastname@example.org.
6. TELEPHONE COMMUNICATIONS
YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO US CONSTITUTES AN INQUIRY TO US, AND THAT WE OR OUR AFFILIATES MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
You agree that Easy Expunctions may send automated text messages and pre-recorded voice messages to the telephone number you provide, including: providing you with important critical notices regarding your use of the Site, Products or Services, fulfilling a request made by you, and for marketing purposes. Your consent is not a condition of your purchase.
You acknowledge and agree that any calls to or from Easy Expunctions may be monitored or recorded for training or quality assurance purposes. By contacting Easy Expunctions, or providing your telephone number, you consent to having your communications with Easy Expunctions recorded.
7. USE OF SITE, PRODUCTS AND SERVICES
You understand that your purchase, download, access or use of the Site, Products or Services is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to fit every situation.
Your right to access and use the Site, Products and Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site, Products and Services for lawful purposes. Accurate records enable Easy Expunctions to provide the Site, Products and Services to you. You must provide true, accurate, current and complete information and you may not misrepresent your Registration and Account Information. For the Site, Products and Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Site, Products and Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Site, Products and Services.
Your access and use of the Site, Products and Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site, Products and Services or other actions that Easy Expunctions, in its sole discretion, may elect to take. In no event will Easy Expunctions be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Site, Products and/or Services, including any associated software or other materials supplied in connection with such services, shall be for Easy Expunctions to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable site, product or service.
You agree that any Products or Services purchased from Easy Expunctions are intended for use within 90 days of purchase or delivery and that failure to use or file the Products or Services within 90 days of purchase or delivery shall void Easy Expunctions’ Satisfaction Guarantee. The law is constantly changing, and we want our customers to be successful, so we will only consider providing refunds or credits when our Products or Services are used promptly after purchase or delivery. If you require any support, guidance, re-work, new documents, information or any other ancillary product or service after 90 days have elapsed from purchase or delivery it will be subject to an additional $100 fee.
8. USE WITH YOUR MOBILE DEVICES
Use of certain Sites, Products and Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
EASY EXPUNCTIONS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SITE, PRODUCTS AND/OR SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SITE, PRODUCTS OR SERVICES.
9. ONLINE AND MOBILE COMMUNICATION
Easy Expunctions may from time to time provide automatic communications and voluntary account-related alerts. Automatic communications may be sent to you following certain changes to your account or information, such as a change in your Registration Information.
Certain alerts and communications can be customized, deactivated or reactivated by you. Easy Expunctions may add new alerts from time to time or cease to provide certain communications at any time upon its sole discretion. Each communication or alert has different options available, and you may be asked to select from among these options.
You understand and agree that any communications provided to you may be delayed or prevented by a variety of factors. Easy Expunctions may make commercially reasonable efforts to provide communications in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any communication or alert. Easy Expunctions shall not be liable for any delays, failure to deliver, or misdirected delivery of any communication; for any errors in the content of a communication; or for any actions taken or not taken by you or any third party in reliance on a communication.
Electronic alerts will be sent to the email address or mobile number you have provided when creating your account. If your email address or your mobile number changes, you are responsible for informing us of that change. Alerts may also be sent to a mobile device that accepts text messages. Changes to your email address and mobile number will apply to all your alerts.
Information such as an account balance or the due date for your credit card payment may be included within communications or alerts. Anyone with access to your email or mobile will be able to view the content of these communications. At any time, you may disable future alerts.
10. THIRD PARTY LINKS
The Site and any mobile applications may contain links to websites controlled by parties other than Easy Expunctions (each a "Third-Party Site"). Easy Expunctions works with several partners and affiliates whose sites may be linked with Easy Expunctions. Easy Expunctions may also provide links to other citations or resources with whom it is not affiliated. Easy Expunctions is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third-Party Site, any website accessed from a Third-Party site or any changes or updates to such sites.
Easy Expunctions makes no guarantees about the content or quality of the products or services provided by such sites. Easy Expunctions is not responsible for webcasting or any other form of transmission received from any Third-Party Site. Easy Expunctions provides links only as a convenience, and the inclusion of any link does not imply endorsement by Easy Expunctions of the Third-Party Site, nor does it imply that Easy Expunctions sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third-Party Site and agree that Easy Expunctions is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third-Party Site if you have any concerns regarding such links or the content located on any such Third-Party Site.
11. RIGHTS YOU GRANT US
By providing Easy Expunctions copies of any order modifying your criminal record, such as sealing, expunging, vacating, or dismissing charges, you authorize us to retain the record indefinitely for purposes of ensuring we or other third parties do not report the incorrect information in the future. You further agree that Easy Expunction is acting as your appointed record custodian and shall not seek any damages whatsoever in connection with our retention of any signed court order or any materials used to document its receipt, contents and affect. In addition, you authorize Easy Expunctions to provide a copy of the order and/or otherwise communicate the substance and effect of the order to third parties to the extent necessary to ensure the third party is aware of the need to update and not disseminate any out of date information.
12. EASY EXPUNCTIONS' INTELLECTUAL PROPERTY RIGHTS
The contents of the Site, Products and Services, including the “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Site, Products and Services belong or are licensed to Easy Expunctions or its software or content suppliers. Easy Expunctions grants you the right to view and use the Site, Products and Services subject to these terms. You may download or print a copy of information for the Site, Products and Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site, Products, Services or content in a manner that violates any applicable law, regulation or this Agreement.
All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, E-Legal, Inc. ALL RIGHTS RESERVED.
Easy Expunctions, EasyExpunctions.com, Background Report Card, Eligibility Report, our company logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Easy Expunctions. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
13.ACCESS AND INTERFERENCE
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site, Products or Services, without Easy Expunctions’ express written consent, which may be withheld in Easy Expunctions’ sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site, Products or Services, other than the search engines and search agents available through the Site, Products or Services and other than generally available third-party web browsers (such as Microsoft Internet Explorer or Safari);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Site, Products or Services;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site, Products or Services; or
- Attempt to gain an unauthorized access to any portion of the Site, Products or Services.
14. YOUR RIGHTS TO USE THE SITE, PRODUCTS AND SERVICES
Easy Expunctions hereby grants you permission to download, view, copy, access and print the materials provided to you by us on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any materials not be altered or removed, (ii) the materials are not used on any other website or in a networked computer environment and (iii) the materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of this Agreement. On any such termination, you agree to immediately destroy any downloaded or printed materials. Any unauthorized use of any materials contained on the Site, a mobile application, or emailed to you by Easy Expunctions may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
The Site, Products and Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Site, Products and Services and only for the purposes described by Easy Expunctions. Easy Expunctions reserves all other rights. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Easy Expunctions grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Site, Products, Services, or content. You agree not to use, nor permit any third party to use, the Site, Products, Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
- Provide access to or give any part of the Site, Products or Services to any third party.
- Reproduce, modify, copy, deconstruct, sell, trade or resell the Site, Products or Services.
- Make the Site, Products or Services available on any file-sharing or application hosting service.
Notwithstanding the foregoing, you acknowledge that Easy Expunctions reserves the right to refuse access or service to anyone and may cancel user access at any time without notice.
Payments for products or services will be billed to you in U.S. dollars, and your account will be debited when you purchase or subscribe and provide your payment information. You warrant to Easy Expunctions both (1) that all payment information you provide is true, and (2) that you are authorized to use the payment instrument. You further agree to update your account information promptly with any changes that may occur, including changes either in your billing address or your credit card expiration date. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Site, Products or Services.
If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your product or service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
You must pay with one of the following:
- A valid credit card acceptable to Easy Expunctions;
- A valid debit card acceptable to Easy Expunctions;
- Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
- By another payment option Easy Expunctions provides to you in writing.
Easy Expunctions will automatically renew your monthly, quarterly, or annual Products or Services at the then-current rates, unless the Products or Services are cancelled or terminated under this Agreement, at least 30 days prior to any renewal date.
Additional cancellation or renewal terms may be provided to you on the Site for the Products or Services.
Except as required by law or otherwise stated on the Site, in our Satisfaction Guarantee , or in the product or services description, all payments and fees are nonrefundable, and purchases may not be canceled by the user. We reserve the right to refuse or terminate any purchase or attempted purchase at any time in our sole discretion.
To request a refund or credit relating to a purchase, please email us at refunds@EasyExpunctions.com and include a specific reason for your request. Easy Expunctions will evaluate all requests within 5 business days of a written request being made. Easy Expunctions reserves the right to refuse any refund request in our sole discretion.
Additional Terms Applicable to Payment Plans. When you elect to pay for a product or service by taking advantage of Easy Expunctions’ no interest payment plans you acknowledge and agree:
- You will notify Easy Expunctions in writing at least 24 hours in advance if you want to delay, reschedule, or postpone any scheduled payment (failure to provide 24 hours’ notice may result in fees being charged to your method of payment on file);
- Any amounts you pay towards a product or service are not refundable; and
- Your payment plan is a binding agreement between you and Easy Expunctions where you are committing to make payment until your balance has been paid off.
16. RULES FOR POSTING AND PROVIDING FEEDBACK
Easy Expunctions may allow you to post content and provide feedback. These forums may be hosted by Easy Expunctions or by one of our third-party service providers on Easy Expunctions’ behalf. You agree in posting content or providing feedback to follow certain rules.
- You are responsible for all content you submit, upload, post or store.
- You are responsible for all materials ("Content") uploaded, posted or stored through your use of the Site, Products or Services. You grant Easy Expunctions a worldwide, royalty-free, non-exclusive license to host and use any Content provided by you. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Easy Expunctions is not responsible for the Content or data you submit through the Site, Products or Services. By submitting content or feedback to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with our business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your publicly posted content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Site, Products or Services and under this Agreement.
- You agree not to use, nor permit any third party to use, the Site, Products or Services to (i) post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person; (ii) post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate; (iii) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; or (iv) interfere with other Users’ use of the Site, Products or Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Site, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Site, Product or Service infrastructure or that negatively affects the availability of the Site, Products or Services to others.
- Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
- You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of the Site that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
- You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Site, Products or Services are prohibited.
- You agree that we may use any content, feedback, suggestions, or ideas you provide or post in any way, including in future modifications of the Site, Products, Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the content, including any information sent via email, chat, or over the phone, as well as feedback you provide to us in any way.
Please use respect when you interact with Easy Expunctions and other users. Do not publicly reveal information that you do not want to make public.
17. SOCIAL MEDIA SITES
18. DISCLAIMER OF REPRESENTATION AND WARRANTIES
(Please read this section carefully as it affects your rights)
YOUR ACCESS TO, USE OF AND RELIANCE ON THE SITE, SERVICES, PRODUCTS, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE, PRODUCTS AND SERVICES, OR PROVIDED THROUGH THE SITE, PRODUCTS OR SERVICES (WHETHER OR NOT SPONSORED) IS ENTIRELY AT YOUR OWN RISK AND ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. EASY EXPUNCTIONS, ITS AFFILIATES, AND ITS THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE, PRODUCTS OR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.
NEITHER EASY EXPUNCTIONS OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES, PRODUCTS OR SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, OR DATA LOSS. NEITHER EASY EXPUNCTIONS OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SITE, PRODUCTS OR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
EASY EXPUNCTIONS, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SITE, PRODUCTS OR SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE LIMITATIONS CONTAINED WITHIN THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO SECTIONS 18 AND 20) MAY NOT APPLY TO YOU. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE PRODUCT OR SERVICES, WHICHEVER IS SOONER.
Important: The maximum liability Easy Expunctions may have to you will be the amount of the fees you have paid to Easy Expunctions within the relevant statute of limitations, unless that amount is increased by any relevant statutory multiplier or penalty.
19. NOT A LAWYER, ATTORNEY OR LAW FIRM
NEITHER EASY EXPUNCTIONS NOR THE SITE, PRODUCTS OR SERVICES ARE INTENDED TO PROVIDE LEGAL ADVICE. EASY EXPUNCTIONS IS NOT A LAWYER, ATTORNEY OR LAW FIRM. The Site, Products and Services are intended only to assist you in your decision-making capacity as a self-represented litigant. Your personal situation is unique, and any information and advice obtained through the Site, Products or Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any strategy, you should consider obtaining additional information and advice from a licensed attorney or other legal advisers who are fully aware of your individual circumstances.
Important Information for Florida Customers:
By using the Site or making a purchase you acknowledge that Easy Expunctions has told you that we are not lawyers or a law firm and may not give legal advice, cannot tell you what your rights or remedies are, cannot tell you how to testify in court, and cannot represent you in court.
Rule 10-2.1(b) of the Rules Regulating The Florida Bar defines a paralegal as a person who works under the supervision of a member of The Florida Bar and who performs specifically delegated substantive legal work for which a member of The Florida Bar is responsible. Only persons who meet the definition may call themselves paralegals.
You acknowledge that you can read or understand English, and if you cannot that you have been informed in a language you do understand the following, that: (1) Easy Expunctions has informed you that we are not paralegals as defined by the rule and cannot call themselves a paralegal, (2) that we may only type the factual information provided by you in writing into the blanks on the forms we provide, (3) that, except for typing, Easy Expunctions may not tell you what to put in the form and may not complete the form for you unless using a form approved by the Supreme Court of Florida, in which case Easy Expunctions may ask you factual questions to fill in the blanks on the form and may also tell you how to file the form.
20. LIMITATIONS OF EASY EXPUNCTIONS
EASY EXPUNCTIONS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO AND/OR USE OF THE SITE, PRODUCTS AND SERVICES, OR THIS AGREEMENT, EVEN IF EASY EXPUNCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EASY EXPUNCTIONS LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID EASY EXPUNCTIONS FOR THE PRODUCTS OR SERVICES.
21. YOUR INDEMNIFICATION OF EASY EXPUNCTIONS
You shall release, defend, indemnify and hold harmless Easy Expunctions and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Site or your purchase, access or use of the Products and/or Services.
If you are a California resident, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Under section 1542, a general release, like the one you are agreeing to here, does not apply to cases in which: (1) a person does not know at the time of signing the release that he or she currently has a favorable claim they could make, and (2) had he or she known it at the time, they might not have agreed to sign the release.
YOU ARE AGREEING THAT THIS SECTION, EVEN IF YOU ARE A CALIFORNIA RESIDENT, DOES NOT APPLY TO YOU. If you are a resident of some other State or jurisdiction, you waive any similar or comparable statute or doctrine that might be in effect there.
22. ENDING YOUR RELATIONSHIP WITH EASY EXPUNCTIONS
This Agreement will continue to apply until terminated by either you or Easy Expunctions (or any Easy Expunctions affiliate/subsidiary) as set out below. If you want to terminate this legal agreement, you may do so as follows:
To close your account, email email@example.com and request your account be closed.
Easy Expunctions may at any time, terminate its legal agreement with you and access to the Site, Products and Services:
- if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
- if Easy Expunctions in its sole discretion believes it is required to do so by law (for example, where the provision of a Product or Service to you is, or becomes, unlawful);
- for any reason and at any time with or without notice to you; or
- immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
You acknowledge and agree that Easy Expunctions may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Site, Products and Services by you. Further, you agree that Easy Expunctions shall not be liable to you or any third party for any termination of your access to the Site, Products or Services.
Easy Expunctions reserves the right at any time to modify or discontinue, temporarily or permanently, the Sites, Products or Services with or without notice. Easy Expunctions reserves the right to change the Site, Products and Services, including applicable fees, in our sole discretion from time to time. In such event, if you are a paying customer, Easy Expunctions will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Site, Products and Services, you may discontinue your use. Your use of the Site, Products or Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Easy Expunctions shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Site, Products or Services.
Expunctions may modify this Agreement from time to time. Changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Site, Products or Services after those changes are posted.
24. GOVERNING LAW AND FORUM FOR DISPUTES
(Please read this section carefully as it affects your rights)
Texas state law governs this Agreement without regard to its conflicts of laws provisions.
You agree that, by entering into this Agreement, you are waiving the right to a trial by jury or to participate in a class action.
Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with us for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: E-Legal, Inc. d/b/a Easy Expunctions, 219 E. Houston St., Ste. 200, San Antonio, TX 78205, Attn: Legal Department. It is important to us that we address any issues you might have promptly. To help us do that, you agree to begin any arbitration within one year after your claim arose; otherwise, your claim is waived.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to E-Legal, Inc. d/b/a Easy Expunctions, 219 E. Houston St., Ste. 200, San Antonio, TX 78205, Attn: Legal Department. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Bexar County, Texas or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 24 shall survive expiration, termination or rescission of this Agreement.
25. ALLEGATIONS OF COPYRIGHT AND TRADEMARK INFRINGEMENTS
Easy Expunctions respects the intellectual property rights of others and asks that users of the Site, Products and Services do the same. If you believe that your intellectual property is being used on the Site in a way that constitutes copyright infringement, please contact us immediately and provide:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The information specified above must be sent to:
E-Legal, Inc. dba Easy Expunctions
Attention: Legal Department
219 E. Houston St., Ste. 200
San Antonio, Texas 78205
Any information or correspondence that you provide to Easy Expunctions may be shared with third parties, including the person who provided Easy Expunctions with the allegedly infringing material.
Upon receipt of a bona fide infringement notification, it is Easy Expunctions’ policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user's access to the service.
If you believe that your content should not have been removed for alleged copyright infringement, you may send Easy Expunctions’ a written counter-notice with the following information:
- Identification of the copyrighted work that was removed, and the location on the Site where it would have been found prior to its removal;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
26. EXPORT RESTRICTIONS
You acknowledge that the Site, Products and Services, including any mobile application, delivered by Easy Expunctions are subject to restrictions under applicable US export control laws, including US trade embargoes and sanctions and security requirements, and applicable country or local laws to the extent compatible with US laws. You agree that you will comply with these laws and regulations and will not export, re-export, import or otherwise make available products and/or technical data in violation of these laws, directly or indirectly.
Any failure by us to enforce or exercise any provision of this Agreement, or any related right, will not constitute a waiver of that provision or right.
28. ENTIRE AGREEMENT
This Agreement is the entire agreement between you and Easy Expunctions and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed and replaced with a valid enforceable provision that closely matches what the original provision was intending to accomplish, without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Easy Expunctions. However, Easy Expunctions may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Easy Expunctions or (c) a successor by merger. Any assignment in violation of this Section shall be void.