Terms of Use

Introduction

These Terms of Service (the “Agreement” or “Terms and Conditions” or “Terms”) are an agreement between you and E-Legal, Inc. a Delaware corporation doing business as “EasyExpunctions.com” (“EasyExpunctions”) concerning the terms under which EasyExpunctions offers you the information, software, products, and services contained in or available through EasyExpunctions.com (collectively the “Service” or “EasyExpunctions.com”). EasyExpunctions.com is made up of various web pages operated by EasyExpunctions. Services are offered to you conditioned on your acceptance of the terms, conditions, and notices contained in this document.

If you do not agree with these terms and conditions, or if you are not age 18 or older, do not use EasyExpunctions.com.

“Using” EasyExpunctions.com, means doing actions like clicking on links, entering information, creating or purchasing documents, uploading content, enrolling in an account, or browsing. Use of the Services constitutes your agreement to all the terms, conditions, and notices contained in this document. This especially includes (a) the liability disclaimer and (b) the arbitration provision and class action waiver. Both of these may affect your rights.

The Services and information provided by EasyExpunctions are not a substitute for the advice of an attorney. You should consult an attorney regarding your rights under the law. EasyExpunctions is not a law firm and the information contained on this site is not legal advice. The products provided by EasyExpunctions are not a substitute for the advice of an attorney. EasyExpunctions is not a “lawyer referral service” and does not provide legal advice or participate in any legal representation. EasyExpunctions provides access to written materials, books, forms, computer software and other similar products as well as self-help services at your specific direction. EasyExpunctions 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.

Neither the employees of EasyExpunctions nor any participating attorneys that contribute to or comment on any of the Site’s forums or pages are representing you or acting as your attorney. Your Use of EasyExpunctions.com does not create an attorney-client relationship between you and EasyExpunctions or any of the employees or attorneys you may encounter through it. In any legal matter you undertake through EasyExpunctions, you are representing yourself.

EasyExpunctions should not be used as a substitute for the advice of an attorney. If any type of relationship is inadvertently formed between you and a EasyExpunctions employee or an attorney that contributed to or commented on any of the Site’s forums or pages, that relationship excludes EasyExpunctions as a participant.

The information provided by EasyExpunctions on this site does not constitute legal advice. It should therefore not be relied upon as legal advice. Because the law changes rapidly, EasyExpunctions cannot guarantee that all the information on EasyExpunctions.com is current or correct. Not only does the law differ from jurisdiction to jurisdiction, but it also is subject to interpretation by different courts. No general information or tool like the ones EasyExpunctions provides can fit every circumstance. Therefore, if you need legal advice for a specific problem, you should consult a licensed attorney in your area.
EasyExpunctions is not responsible for any loss, injury, claim, liability, or damage related to your use either of EasyExpunctions.com or of any site linked to EasyExpunctions.com. Although this is the case for all uses of these sites, we specifically mention here two of the most likely causes: (1) incidents caused by the site being down; and (2) incidents caused by errors or omissions in the content of our site or any other linked sites. In short, your Use of EasyExpunctions.com is at your own risk.

EasyExpunctions™ is not a “lawyer referral service.”

EasyExpunctions provides a platform for legal information, self-help, and collaboration. Any directory of lawyers published at EasyExpunctions.com is for information purposes only: It is free for both lawyers and non-lawyers. It does not constitute an endorsement or approval of any listed lawyer. There is no fee sharing arrangement between EasyExpunctions and any listed lawyer for any legal matter. The “reviewed by” attorney attributions are not a guarantee of success. It is always recommended that you speak with an attorney to assist you with your specific legal situation. Before retaining a lawyer, you should carefully consider the lawyer’s knowledge and experience. You should ask for a written legal services agreement, detailing the terms and conditions of the representation. The agreement should clearly state all fees, expenses, and other obligations. No legal representation relationship exists in any way between an EasyExpunctions user and EasyExpunctions. (The term “EasyExpunctions” here includes EasyExpunctions’ parent, subsidiaries, and affiliates.)

Fees and Renewals

From time to time, we may offer different products or services. Fees or other terms for purchasing such products may vary. Except as expressly set forth below, any membership fees are non-refundable. To the extent the Service or any portion of it is made available for any fee, you agree to pay such fees. You also agree to provide EasyExpunctions information regarding your credit card or other form of payment. You warrant to EasyExpunctions both (1) that such information is true, and (2) that you are authorized to use the payment instrument. You 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.

Unless you notify us before the renewal date of your membership that you wish to downgrade, your paid subscription will automatically renew. At that time, you authorize us to collect the applicable membership fees, allowing us to use any valid payment source of yours that we have on record.

Payment for documents are finalized and non-refundable when a customer or any representative of the customer places an order or when a customer views documents provided by EasyExpunctions if final payment has not been made. Refunds will only be provided in accordance with EasyExpunctions’ Satisfaction Guarantee.

Free Trials and Refund Policy

From time to time, we may offer free trials of certain EasyExpunctions products and services. The terms and conditions of such free trials will be contained in the offer.

No refund of any amount paid shall be granted under any of the following circumstances: 1) the accurate conversion of a free trial to a paid service; 2) the accurate collection of any fee, whether it be for an active membership, a subscription service, or as payment for any product.

For all purchases, EasyExpunctions may grant a refund to a customer within the first twenty four (24) hours of purchase. In order to apply for a refund relating to a purchase, customers may email us: refunds@EasyExpunctions.com and include a specific reason for the refund request. EasyExpunctions will evaluate all claims for refund within 14 days of a request being made. EasyExpunctions reserves the right to refuse any request for a refund in our sole discretion.

Modification of these Terms and Conditions

EasyExpunctions reserves the right to change the terms, conditions, and notices under which the Services are offered. This includes, but is not limited to, the charges associated with the use of its Services. EasyExpunctions will provide you notice of changes to the Terms and Conditions by posting a message on EasyExpunctions.com that will appear upon your next login to your account.

With three exceptions, any changes to the Terms and Conditions will become effective no earlier than ten (10) calendar days after they are posted. The exceptions: (1) If you are enrolled in any sort of subscription, the changes will become effective no earlier than ninety (90) days; (2) any changes made either for legal reasons or that concern new functions of the Services will be effective immediately; and (3) any changes to the Binding Arbitration and Class Action Waiver section will be effective thirty (30) calendar days after they are posted. Once you have received notice of the modifications, you will have a period of 10-days in which you can reject the modifications, thereby terminating your account. If you are enrolled in any sort of subscription, you will be subject to the 90-day notice period, during which time the version of the Terms and Conditions you last accepted will apply to you. During that 90-day notice period, you will continue to have access to EasyExpunctions’ website and Services, for which you will be charged a monthly fee.

You understand and agree that your Use of EasyExpunctions.com after the 10-day period shall be treated as acceptance of the modified Terms and Conditions.

Links to Third Party Sites

This site, and some of the articles on EasyExpunctions.com, may contain links to other resources and businesses on the Internet, called here “links” or “Linked Sites.” Those links are provided for your convenience, as citations and aids to help you identify and locate other Internet resources that may be of interest to you. They are not intended to indicate that EasyExpunctions either sponsors or is legally associated with any of the linked entities; nor is EasyExpunctions legally authorized to use any trade name, registered trademark, logo, official seal, or copyrighted symbol that may appear in the links.
Since the Linked Sites are not under the control of EasyExpunctions, EasyExpunctions is not responsible for the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. EasyExpunctions is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms and Conditions do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third party sites.

Your Privacy

Protecting your privacy is very important to EasyExpunctions. Please review our Privacy Policy. It explains how EasyExpunctions treats your personal information and protects your privacy. However, communications between you, other users and any participating attorney concerning EasyExpunctions’ Q & A program are not confidential: For quality assurance purposes, and in order to deliver the Services, EasyExpunctions will have access to your communications made on or through the Site with participating users and attorneys. Communications made through the Q&A program will be protected by EasyExpunctions pursuant to the Privacy Policy. EasyExpunctions is not a law firm so communications will not be protected by attorney client privilege.

Third Party Services

Certain services made available via EasyExpunctions.com are delivered by third parties. By using any product, service, or functionality originating from the EasyExpunctions.com domain, you are allowing EasyExpunctions to share information with any third party with whom EasyExpunctions has a pertinent contractual relationship – any information necessary to facilitate its provision of products, services, or functionality to you.

No Unlawful or Prohibited Use

As a condition of your Use of the EasyExpunctions.com website, you warrant to EasyExpunctions that you will not use the website in any of the following ways:

1. For purposes that are unlawful.
2. For purposes prohibited by these terms, conditions, and notices.
3. In any manner which could damage, disable, overburden, or impair the EasyExpunctions.com website.
4. In any manner that could interfere with another party’s use and enjoyment of the website.

You may not hack, “scrape” or “crawl” EasyExpunctions.com whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information that EasyExpunctions has not intentionally made available to you on its website.

The forms, documents, letters, articles and all other content found on the EasyExpunctions.com website or purchased by you (“EasyExpunctions Content”) are protected by all applicable intellectual property rights, including copyright. Your Use of the EasyExpunctions.com website does not entitle you to resell any EasyExpunctions Content. Unlawful or prohibited use of EasyExpunctions Content is subject to immediate action by EasyExpunctions including the pursuit of all available remedies.

Use of Communication Services

EasyExpunctions.com may contain a large number of what can be collectively called “Communications Services.” These include services like bulletin boards, chat areas, news groups, forums, communities, personal web pages, calendars, or other message facilities designed to enable you to communicate with a specific group or with the public at large. You agree to use the Communication Services only to post, send, and receive messages or materials proper to and related to the particular Communication Service. When using a Communication Service, you agree that you will not do any of the following:

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others. (This includes rights like those of privacy and publicity.)
  2. Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful.
  3. Upload files that contain software or other material protected either by intellectual property laws or by the rights of privacy or publicity. Exceptions: (1) You own or control the necessary rights; or (2) you have received all necessary consents.
  4. Upload corrupted files, files that contain viruses, or any other files that may damage the operation of another’s computer.
  5. Advertise, offer to sell, or offer to buy anything for business purposes. Exception: You may do this if Communication Service specifically allows such messages.
  6. Conduct or forward surveys, contests, pyramid schemes, or chain letters.
  7. Download any file posted by another user of a Communication Service that you know (or reasonably should know) cannot be legally distributed in such a manner.
  8. Falsify or delete in an uploaded file any significant attributions or notices. These include the following:

 

  • Author attributions
  • Legal notices
  • Other proper notices
  • Proprietary designations
  • Labels of the source of software or other materials
  • Restrict or inhibit any other user from using and enjoying the Communication Services
  • Violate any code of conduct or other guidelines, which may be applicable for any particular
  • Communication Service
  • Harvest or otherwise collect information about others, without their consent. (This includes e-mail addresses.)
  • Violate any applicable laws or regulations

 

(The items on this list, despite their order or number, are offered only as representative examples. Any similarly inappropriate acts are equally disallowed.)

Although EasyExpunctions has no obligation to monitor the Communication Services, it reserves the right, in its sole discretion, to review and remove materials posted to a Communication Service. EasyExpunctions reserves the right to terminate your access to any of the Communication Services at any time, with notice.

EasyExpunctions reserves the right to disclose information as necessary to satisfy any applicable law, regulation, legal process, or governmental request. It also reserves the right, in its sole discretion, to edit, to remove, or to refuse to post, any materials, in whole or in part.

In using any Communication Service, always use caution when giving out any personal information that could identify yourself or your children. Since EasyExpunctions neither controls nor endorses the content, messages, or information found in any Communication Service, EasyExpunctions specifically disclaims any liability with regard to our interacting with any of the Communication Services. Since managers and hosts are not authorized EasyExpunctions spokespersons, their views do not necessarily reflect those of EasyExpunctions.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, or dissemination. If you download the materials, you are responsible for adhering to such limitations.

Submissions Other Than Documents You Create

EasyExpunctions does not claim ownership of any documents you create on EasyExpunctions.com(“Documents”); nor will EasyExpunctions edit any of the Documents without your permission. You grant permission for EasyExpunctions (including its affiliated companies and necessary sublicensees) to use your Documents in connection with providing Services to you and third parties with who we have a contractual relationship with.

If you provide materials other than Documents – materials called “Submissions” – EasyExpunctions will be entitled to unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise. (Once again, the term “EasyExpunctions” is meant to include all its affiliated companies and necessary sublicensees.) Examples of Submissions include questions, comments, suggestions, ideas, feedback, or information about the Service. You hereby grant EasyExpunctions the right to use your Submissions, in any form, in connection with the operation, promotion, advertising, and marketing of its services. (In technical, legal terms, this right is a “nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your Submissions, using any available technology.”) This will be done without acknowledgment of or compensation to you. EasyExpunctions is under no obligation to post or use any Submission you may provide. It may remove any Submission at any time in its sole discretion. By providing or posting Documents or any Submissions, you are guaranteeing that you own or otherwise have the right to provide or post such Documents or Submissions. This will be the case whether you are providing, posting, uploading, inputting or submitting the

Documents and Submissions.

You acknowledge and agree that EasyExpunctions not only may preserve these Documents and Submissions but may also disclose them if required to do so either by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following: (a) to comply with legal process, applicable laws or government requests; (b) to enforce these Terms and Conditions; (c) to respond to claims that any content violates the rights of third parties; or (d) to protect the rights, property, or personal safety of EasyExpunctions, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve either of the following: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree that EasyExpunctions has no responsibility or liability if it deletes or fails to store any content maintained or uploaded by the Service.

Termination/Access Restriction

EasyExpunctions reserves the right, in its sole discretion, to downgrade or terminate your access both to the EasyExpunctions.com website and to its Services, at any time with notice. EasyExpunctions also reserves the right to modify or discontinue, either temporarily or permanently, any part of its service with notice. You agree that EasyExpunctions will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Disclaimer of Representations and Liability

(Please read this section carefully as it affects your rights)

The information, software, products, and services made available through the EasyExpunctions.com website may include inaccuracies or typographical errors. EasyExpunctions and/or its suppliers may periodically and at any time make improvements or changes to EasyExpunctions.com. Information received via EasyExpunctions.com should not be relied upon for personal, medical, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” — WITHOUT WARRANTY OR CONDITION OF ANY KIND.

EasyExpunctions and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the EasyExpunctions.com website for any purpose.

EASYEXPUNCTIONS AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THESE CONTENTS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT.

Important

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EASYEXPUNCTIONS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. THIS IS SO WHETHER THE DAMAGES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

This remains the case even if EasyExpunctions or any of its suppliers has been advised of the possibility of damages. This disclaimer includes, without limitation, damages for any of the following:

• For the loss of use, data, or profits, in any way connected with the use or performance of EasyExpunctions.com
• For the delay or inability to use EasyExpunctions.com or related services
• For the provision of or failure to provide services
• For any information, software, products, services, and related graphics obtained through the use of EasyExpunctions.com.

This provision is not intended to disclaim liability for any intentional or grossly negligent conduct by EasyExpunctions.

This limitation may not apply to you if your loss occurs in any of the states or jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages.

If you are dissatisfied with any portion of EasyExpunctions.com, with any products or services provided to you, or with any of these Terms and Conditions, your sole and exclusive remedy is to pursue an award through the dispute resolution procedures explained below. You must also discontinue Using EasyExpunctions.com if you are dissatisfied with EasyExpunctions.com.

Important: The maximum liability EasyExpunctions may have to you will be the amount of the fees you have paid to EasyExpunctions within the relevant statute of limitations, unless that amount is increased by any relevant statutory multiplier or penalty. Exception: if your claim is for less than $500, the award you will receive should you prevail will not be less than $500.

Below you will find a Dispute Resolution provision, which deals with the availability of damages. If there is any conflict between the above “Disclaimer of Representations and Liability” section on the one hand and the following “Dispute Resolution” section on the other hand, the “Dispute Resolution” section shall govern.
Indemnity and Release

The technical language of the following paragraph, necessary for legal purposes, states that if any “third party” – (that is, someone other than you or EasyExpunctions) – makes any claim against EasyExpunctions because of you, then you, not EasyExpunctions, will assume the resulting responsibilities. The specific claims are included in the paragraph below.

“You agree to release, indemnify and hold EasyExpunctions and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your Use of the Service, any Documents and Submissions, your violation of these Terms and Conditions or your violation of any rights of another.”

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.”
Explanation: 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.

Dispute Resolution By Binding Arbitration and Class Action Waiver

(Please read this section carefully as it affects your rights)

Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Service Department at 888-524-0280.

If EasyExpunctions has not been able to resolve a dispute it has with you after attempting to do so informally, including through mediation (which EasyExpunctions will pay for), we each agree to resolve such dispute through binding arbitration or small claims court – instead of courts of general jurisdiction.

Arbitration, which is often cheaper, faster, and less formal than a lawsuit in court, uses a single, neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. EasyExpunctions will pay for the costs of arbitration if you seek less than $75,000. If you should prevail in such an arbitration in which you seek less than $75,000 in damages, EasyExpunctions will also pay reasonable attorneys’ fees: EasyExpunctions will not seek attorneys’ fees from you. If you initiate an arbitration in which you seek more than $75,000 in damages, the payment of attorneys’ fees will be governed by the rules of the American Arbitration Agreement (AAA). Any arbitration under this Arbitration Agreement will take place on an individual basis only: Class arbitrations and class actions are not permitted.

Arbitration Procedures

EasyExpunctions and you agree that all disputes and claims between us will be settled by arbitration. This agreement to arbitrate (the “Arbitration Agreement”) is intended to be broadly interpreted. It includes, but is not limited to the following:

• Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory
• Claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising)
• Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class
• Claims that may arise after the termination of the Terms and Conditions.

Although you may not bring a suit in a court other than small claims court, you may bring issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission or the Attorney General of your state. If the law allows, such agencies can seek relief against us on your behalf.

We repeat: you agree that, by entering into this arbitration agreement, you and EasyExpunctions are each waiving the right to a trial by jury or to participate in a class action.

Because this document includes this Arbitration Agreement, making it a transaction in interstate commerce, it is governed by the

Federal Arbitration Act.

This Arbitration Agreement Shall Survive Termination of the Terms and Conditions

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute. The Notice to EasyExpunctions should be addressed to General Counsel, EasyExpunctions, 600 Navarro St., San Antonio, Texas 78205 (the “Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (“Demand”). If EasyExpunctions and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or EasyExpunctions may commence an arbitration proceeding by filing an arbitration demand. During the arbitration, the amount of any settlement offer made by either EasyExpunctions or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount you or EasyExpunctions should receive.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”) – known collectively as “the AAA Rules.” These rules may be as modified by this Arbitration Agreement; and they will be administered by the AAA. The AAA Rules are available at three sources: (1) online at adr.org; (2) by calling the AAA at 1-800-778-7879; or (3) by writing to the Notice Address.

The arbitrator will decide all issues, including the scope and enforceability of the Terms and Conditions, and arbitrability under the

Arbitration Agreement.

Unless EasyExpunctions and you agree otherwise, arbitration hearings will take place in a location reasonably convenient for both parties, with due consideration for their ability to travel and other similarly pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA.

If your claim is for $10,000 or less, we agree that you may choose from amongst these three ways of conducting the arbitration: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic hearing; or (c) by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

For any arbitration initiated in accordance with the AAA Rules, if your claim is $75,000 or less, EasyExpunctions will pay all AAA filing, administration, and arbitrator fees. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.

This arbitrator may make rulings or resolve disputes as to the payment and reimbursement of fees and expenses. This may be done at any time during the proceeding; it also may be done upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

The arbitrator may award declaratory or injunctive relief only in favor of a single party and only to provide that party’s relief. You and EasyExpunctions agree that each may bring claims against the other only as individuals; neither can become a plaintiff or class member in a class or representative proceeding. Unless both you and EasyExpunctions agree otherwise, the arbitrator may not consolidate the claims of multiple persons. The arbitrator is not allowed to preside over any form of a representative or class proceeding. Any attempt to issue a class or representative award shall exceed the arbitrator’s power.

Changes to the Arbitration Provision

EasyExpunctions may, in the future, make changes to this Arbitration Agreement by providing you notice under the “Modification of these Terms and Conditions” provision above. We agree that should such a change be made during your Membership, you may reject it by sending us written notice. The notice must be given within thirty (30) calendar days of the notice of modification to the Notice Address provided above. By rejecting any future change, you are agreeing, in accordance with the language of this provision, that you will settle any dispute between us by arbitration. This remains in effect even if it seems to conflict with some other provision in these Terms and Conditions. Note: This paragraph does not apply if the change concerns only the Notice Address.

Intellectual Property Rights

The Service and all contents of the EasyExpunctions.com website (“Service Content”) are Copyright © 2014 EasyExpunctions and/or its suppliers, affiliates and partners. All rights reserved. Except as expressly authorized by EasyExpunctions, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or Service Content, in whole or in part. Exception: The foregoing does not apply to your own Documents or to the Submissions you legally upload to the Service. In connection with your use of the Service, you will not use any data mining, scraping, robots, or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection with it (the “Software”) is the property of EasyExpunctions, our affiliates, and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, nor to sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted to others here remain the rights of EasyExpunctions.

Trademarks

EasyExpunctions and EasyExpunctions.com are trademarks of E-Legal, Inc. The names of actual companies and products you might encounter through us may be the trademarks of their respective owners. Nothing in these Terms and Conditions or the Service should be understood as in any way granting any license or right to use any of EasyExpunctions’ trademarks displayed on the Service. We may be willing to grant such rights in individual instances, but will always require prior written permission. All goodwill generated from the use of EasyExpunctions’ trademarks is reserved for the use of EasyExpunctions, exclusively.

Copyright Complaints

EasyExpunctions respects the intellectual property of others; and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify EasyExpunctions of the problem in accordance with the procedure set forth below.
EasyExpunctions will process and investigate notices of alleged infringement. If legal action is considered necessary, EasyExpunctions will undertake these actions under the Digital Millennium Copyright Act (“DMCA”) or any other applicable intellectual property law. Any notification of claimed copyright infringement filed by you should be emailed to EasyExpunctions’ Copyright Agent at support@EasyExpunctions.com – Subject line: “DMCA Takedown Request.” You may also contact us by mail at:

E-Legal, Inc.
600 Navarro St.
San Antonio, Texas 78205

To be effective, the notification must be in writing and contain the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
• A description of the copyrighted work or other intellectual property that you claim has been infringed
• A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service.
• Your address, telephone number, and email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law.
• A statement by you, made under penalty of perjury, (1) that the above information in your Notice is accurate; (2) that you are the copyright or intellectual property owner; or (3) that you are authorized to act on the copyright or intellectual property owner’s behalf.

Counter-Notice

Although unlikely, you may have cause to believe that User Content of yours was inappropriately removed (or access to it was inappropriately disabled) because of suspected copyright infringement. If that is the case, you may send a written counter-notice to the Copyright Agent that contains the following information:

• Your physical or electronic signature.
• Identification of the content that has been removed or to which access has been disabled.
• The location at which the content appeared before it was removed or disabled.
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.
• Your name, address, telephone number, and email address.
A statement that you consent to the jurisdiction of the federal court located within Bexar County of Texas.
• A statement that you will accept service of process from the person who provided notification of the alleged infringement.

You should also include the justifications of your use of the contested materials. You will not have infringed anyone’s copyright if you are authorized to use the materials either by the copyright holder, by its agent, or by the law. If a counter-notice is received by the Copyright Agent, EasyExpunctions will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy

In accordance with the DMCA and other applicable law, EasyExpunctions has adopted, in appropriate circumstances and at EasyExpunctions’ sole discretion, a policy of terminating users who are deemed to be repeat infringers. EasyExpunctions may also at its sole discretion limit access to the Service or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Copyright and Trademark Notices

All contents of the EasyExpunctions.com website are Copyright © 2013 EasyExpunctions and/or its suppliers, affiliates and partners. All rights reserved.

Trademarks EasyExpunctions™ and EasyExpunctions.com™ are trademarks of E-Legal, Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent.

ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE.

General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and EasyExpunctions as a result of the Terms and Conditions or use of EasyExpunctions.com. EasyExpunctions’ performance under these Terms and Conditions is subject to existing laws and legal process. Nothing contained in this Agreement diminishes EasyExpunctions’ right to comply with governmental, court, and law enforcement requests or requirements relating either to your Use of EasyExpunctions.com or to information supplied to EasyExpunctions. If any part of this Agreement is determined to be invalid or unenforceable as a result of the above warranty disclaimers and liability limitations, – or as a result of any other legal requirements – then the invalid or unenforceable provision will be considered to have been replaced by whatever valid, enforceable provision most closely matches what the original provision was intending to accomplish. The remainder of the Agreement shall continue in effect.

Unless otherwise stated in this document, this Agreement constitutes the entire agreement between the user and EasyExpunctions with respect to EasyExpunctions.com. It supersedes all prior or contemporary communications and proposals between us, whether electronic, oral, or written. You may not pass on to someone else any of your rights or obligations under these Terms and Conditions without EasyExpunctions’ written consent. EasyExpunctions’ rights under the Terms and Conditions may be transferred by EasyExpunctions to someone else. That right is not waived even if EasyExpunctions fails to enforce or exercise either any provision of the Terms and Conditions or any related right. Any rights not expressly granted by this document to others remain the rights of EasyExpunctions.

Unless otherwise stated, EasyExpunctions may communicate with you officially by any reasonable means now known or later developed. These currently include email, regular mail, and postings on EasyExpunctions.com. A printed version either of this Agreement or of any notice sent in electronic form shall be equally as admissible in legal proceedings relating to this Agreement as documents generated and maintained in printed form. All parties approve of this Agreement and all related documents having been written in English.

Please contact us at support@easyexpunctionscom to report any violations of these Terms and Conditions or to pose any questions regarding the Terms and Conditions or the Service.

Last Revised July 24, 2017