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Introduction
Welcome to Records Removal Services™. By using this site (recordsremoval.com
and other related websites where this agreement appears) (the
“Sites”), you are agreeing to the following terms, including
those available by hyperlink, (the "Agreement" or "User
Agreement") with Sharicom Resources, Inc. our parent company and
the general principles for the websites of our subsidiaries and
affiliates.
Before you may become a client of Records Removal Services, you
must read and accept all of the terms and conditions in, and
linked to, this User Agreement and the Privacy Policy.
By using
our site you acknowledge that you accept this User Agreement.
This Agreement is effective on April 09, 2008.
Using Records Removal Services
While using the Sites, you will not:
-
post content or items in an
inappropriate category or areas on the Sites;
-
violate any laws, third party
rights, or our policies such as the Prohibited and
Restricted Items policies;
-
use the Sites if you are not
able to form legally binding contracts, are under the age of
18, or are temporarily or indefinitely suspended from our
Sites;
-
circumvent or manipulate our
fee structure, the billing process, or fees owed to Records
Removal Services;
-
post false, inaccurate,
misleading, defamatory, or libelous content (including
personal information);
Fees and Services
All fees and prices listed are for our services only. Any
additional fees imposed by a state, county, or city will be your
responsibility to pay.
Unless otherwise stated, all fees are quoted in U.S. Dollars.
You are responsible for paying all fees and applicable taxes
associated with the Sites in a timely manner with a valid
payment method. If your payment method fails or your account is
past due, we may collect fees owed using other collection
mechanisms.
This website and the associated
documents are provided "as is" without warranty of any kind,
either express or implied, including, but not limited to, the
implied warranties of merchantability and fitness for a
particular purpose.
Liability
We cannot guarantee your request for clemency,
expungement, or
seal will be accepted by the state (Board of Pardons, Judge, or
other official with jurisdiction).
Additionally, you agree that you will not:
-
take any action that imposes
or may impose (in our sole discretion) an unreasonable or
disproportionately large load on our infrastructure;
-
interfere or attempt to
interfere with the proper working of the Sites or any
activities conducted on the Sites; or
-
bypass our robot exclusion
headers or other measures we may use to prevent or restrict
access to the Sites.
-
for legal reasons and the
nature of work we perform results are not guaranteed; denial
use the information on this website as actual legal advice;
do not act upon this information without first consulting an
attorney.
Privacy
We do not sell or rent your personal information to third
parties for their marketing purposes. We use your information
only as described in the Records
Removal Services Privacy Policy. We view protection of
client privacy as a very important community principle. We store
and process your information on computers located in the United
States that are protected by physical as well as technological
security devices.
Indemnity
You will indemnify and hold us (and our officers, directors,
agents, subsidiaries, joint ventures and employees), harmless
from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your breach of
this Agreement, or your violation of any law or the rights of a
third party.
Legal Advice
Absolutely nothing contained on this website, or
information obtained by calling our offices may be construed as
legal advise. For legal advise please contact a local
attorney.
No Agency
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by
this Agreement.
Governing Law
This Agreement shall be
governed in all respects by the laws of the Commonwealth of
Kentucky as they apply to agreements entered into and to be
performed entirely within Kentucky between Kentucky citizens,
without regard to conflict of law provisions. You agree that any
claim or dispute you may have against Records Removal Services
must be resolved by a court located in Leslie County, Kentucky.
This website (excluding linked sites) is
controlled by Records Removal Services or an internet design
company for within the Commonwealth of Kentucky. While you may
choose to access our website from other locations, we make no
representation that any information, materials, or functions
included in our website are appropriate or authorized for use in
other jurisdictions.
Your access from other locations is made on
your own initiative; you, and not us, are responsible for
compliance with any applicable local laws and regulations. Your
access to and use of our website and these terms are governed by
and will be construed in accordance with the laws of the
Commonwealth of Kentucky without regard to principles of
conflicts of laws, to the extent not pre-empted by federal law.
In the event that any provision of these terms is held
unenforceable, it will not affect the validity or enforceability
of the remaining provisions. In the event of a dispute
concerning or relating in any way to Records Removal Services,
you and Records Removal Services hereby submit to the exclusive
personal jurisdiction and venue of the State and Federal Courts
located in the Commonwealth of Kentucky with respect to such
matters.
The United Nations Convention on Contracts for the International
Sale of Goods does not apply to these Terms and Conditions.
Resolution of Disputes
If a dispute arises between you and Records Removal Services,
our goal is to provide you with a neutral and cost effective
means of resolving the dispute quickly. Accordingly, you and
Records Removal Services agree that we will resolve any claim or
controversy at law or equity that arises out of this Agreement
or our services (a "Claim") in through binding arbitration. We
will consider reasonable requests to resolve the dispute through
alternative dispute resolution procedures, such as mediation or
arbitration, as alternatives to litigation.
Termination
- We may close
or suspend any case file if payments are not received in a
timely manner.
-
Each case is processed separately; there are no
guarantees as to the time frame for completion of any case.
-
Records Removal Services reserves the right to decline service
to any
client that refuses to cooperate in an acceptable manner.
-
Any
remarks, spoken or written, deemed to be threatening in nature
to the personal safety of staff, deemed derogatory to any
individual on staff, threatening the reputation of the
organization, or the threat of legal action against the
organization is grounds for case cancellation, no future fees
shall be billed nor any prior fees refunded.
Payment Plan
- Cases will
not be released until full payment for services has been
received. Any intentional withholding of payment plan fees will
result in case cancellation, no future fees shall be billed nor
any prior fees refunded. Initial enrollment fee is not
refundable under any circumstances.
Refunds
- Records Removal
Services processes your request and information at a highly
discounted rate, under no circumstances are any
refunds provided; further payments may be cancelled, however
no prior payments will be refunded. Each case is processed separately; there are no
guarantees as to the time frame for completion of any case.
Arbitration
- For any claim (excluding claims for
injunctive or other equitable relief) where the total amount of
the award sought is less than $10,000, the party requesting
relief must elect to resolve the dispute in a cost effective
manner through binding non-appearance-based arbitration.
Arbitration, must be initiated through an established
alternative dispute resolution ("ADR") provider mutually agreed
upon by the parties. The ADR provider and the parties must
comply with the following rules: a) the arbitration shall be
conducted by telephone, online and/or be solely based on written
submissions, the specific manner shall be chosen by the party
initiating the arbitration; b) the arbitration shall not involve
any personal appearance by the parties or witnesses unless
otherwise mutually agreed by the parties; and c) any judgment on
the award rendered by the arbitrator may be entered in any court
of competent jurisdiction.
Improperly Filed Claims
- All claims you bring against
Records Removal Services must be resolved in accordance with
this Resolution of Disputes Section. All claims filed or brought
contrary to the Resolution of Disputes Section shall be
considered improperly filed. Should you file a claim contrary to
the Resolution of Disputes Section, Records Removal Services may recover attorneys'
fees and costs up to $1000, provided that Records Removal
Services has notified you in writing of the improperly filed
claim, and you have failed to promptly withdraw the claim.
We may amend this Agreement at any time by posting the amended
terms on the Sites. Except as stated elsewhere, all amended
terms shall automatically be effective 30 days after they are
initially posted on the Sites. |
