ClearMyRecord.com

Disclaimer & Warranties

I. Expungement Assistance Services (EAS).
   We comply with all applicable privacy laws, including stringent international and U.S. laws. We will only use or disclose your information for a limited number of legal reasons and to support and improve our service to you. As with any legal case, results are not guaranteed. EAS attempts to process each application with accuracy and in a timely manner, however only timelines associated with Rapid Processing clients are guaranteed. EAS is a forms processing company only and has no authority in regards to approval or denial of an individual's application. The approval or denial of an application is at the sole discretion of the court or state authority which hears the request for relief. Denial of an application is not cause for a refund once services have been rendered. Processing case file constitutes services rendered and begins immediately upon enrollment.

   The material on the EAS website does not constitute legal advice. Do not act upon this information without first consulting an attorney. The materials found on this website have been prepared for information purposes only; the information should not be construed as legal advice nor does the information imply any guarantee as to the results of future litigation. The information provided in this website is advertising material and is for general information purposes only. 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.

   The contributors, editors, and publishers of this website in no way represent the customer. The customer is responsible for his/her own actions at all times. Every effort has been attempted to provide up-to-date reliable information; however, neither EAS nor its members assumes liability for reliance of any information in this website. Each person's application is unique regarding the facts surrounding their case and the court's interpretation of the law. Eligibility varies from state to state (county by county as well) and may change often. Always consult a state certified attorney or county clerk if you have questions. Clients are responsible for ensuring eligibility qualifications prior to enrollment. Refunds are not issued due to eligibility issues. EAS assists in the processing of each application to the best of its abilities and no guarantees are made to the fact that all processing will be flawless, in the event errors are made, EAS will attempt to rectify.

II. Limitation of Liability
   You expressly understand and agree that in no event shall EAS, including its affiliates and licensors, be liable for any damages whatsoever, including any direct, indirect, incidental, consequential, special or exemplary damages, and any damages for loss of profits, savings, goodwill or other intangible losses, regardless of whether EAS had been advised of or could have foreseen the possibility of such damages, arising out of or in connection with: (a) the use, inability to use or performance of any of the services of this EAS site, or (b) any unauthorized access to or modification to any of your content or transmissions, or (c) any other matter relating to this EAS site or any of the services.

   You expressly acknowledge that EAS has entered into this agreement, and has and will make this EAS Site, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and EAS. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.

III. Governing Law/Jurisdictional Issues
   This EAS Web site (excluding linked sites) is controlled by EAS from its offices in the State of Kentucky, United States of America. While you may choose to access our Web site from other locations, we make no representation that any information, materials, or functions included in our Web site 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 Web site and these terms are governed by and will be construed in accordance with the laws of the State 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 EAS services, you and EAS hereby submit to the exclusive personal jurisdiction and venue of the State and Federal Courts located in the State 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.

IV. Arbitration and Actions
   Any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of this EAS Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in the State of Kentucky, United States of America in English and governed by the State of Kentucky law, as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in the United States of America and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

V. Termination
   You acknowledge and agree that EAS, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, this EAS Site or any of the Services, and remove and discard any information or content related to this EAS Site or any of the Services (and your use thereof), for any reason, including where EAS believes that you have violated any of these Terms and Conditions. You further agree that EAS shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with this EAS Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of EAS in operating this EAS Site or any of the Services, your sole and exclusive remedy is to discontinue using this EAS Site or any of the Services.

   While every precaution has been taken in the preparation of each application, neither the owners, counselors, nor contributors shall have any liability to any person or entity with respect to any loss or damage caused or alleged to be caused or indirectly by the information provided or services rendered.

   By enrolling in the EAS process you understand that EAS staff will attempt to assist you for the purpose of either expunging, sealing or attempting to acquire state or federal clemency. The details of your case and the laws of your state dictate which application you will be provided. You will not be represented in court by an EAS staff member; you will however be provided necessary documentation and instruction to attain authorization of such if your application is approved. EAS is a forms processing company only and will not violate unauthorized practice of law issues which may vary state to state. Not all applications are approved, and final decisions can only be rendered by the governing entity in the state in which your application is processed.

   EAS begins processing each application immediately at a highly discounted rate, under no circumstances are any refunds provided; further payments may be cancelled, however no prior payments will be refunded. EAS may close or suspend any client file if payments are not received in a timely manner. Each application is processed separately; there are no guarantees as to the time frame for completion of any application. EAS 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 (EAS), or the threat of legal action against the organization is grounds for cancellation, no future fees shall be billed nor any prior fees refunded.

   Client agrees to pay the processing fee of four hundred dollars ($400.00) for each state in which the client has charges immediately upon enrollment. A processing fee of fifty dollars ($50.00) is added for payment plans to cover collection expenses. A one hundred and fifty dollar ($150.00) payment is charged immediately upon enrollment, followed by two (2) one hundred and fifty dollar ($150.00) fees approximately 30 and 60 days thereafter respectively. Applications will not be released until full payment for services has been received. Any intentional withholding of payment plan fees will result in cancellation, no future fees shall be billed nor prior fees refunded. Enrollment fees are not refundable under any circumstances.

   Client may choose the rapid processing option. This option is available for an additional two hundred fifty dollars ($250) for each state in which the client has charges. The rapid processing option consists of completed documentation to the client within fourteen business days excluding weekends and holidays. The 14 business day period begins upon receipt of all required documentation to process the client's file and confirmation from the Director's office that the 14 business day processing period has begun. Upon retrieval of all documentation, client is notified that the case is on the 14 business day clock. In the event that EAS cannot process the application within the prescribed time frame for any reason other than documentation retrieval, client ineligibility, or lack of cooperation on the part of the client, client will be refunded the rapid processing amount of two hundred and fifty dollars ($250.00). The standard processing fee of four hundred dollars ($400.00) will not be refunded.

VI. Additional Fees
   A document retrieval fee of thirty six dollars ($36.00), per county of conviction and/or depending on the time elapsed since disposition, will be applied as a part of the enrollment fee. By enrolling for our services you agree to allow EAS to obtain the necessary information to process your application, including criminal background history and dispositions. Should for any reason EAS be unable to obtain the necessary documentation in order to process the application, it will be the responsibility of the client to provide the needed information. EAS agrees to immediately begin contacting the multitudes of commercial criminal record reporting agencies. The number of agencies performing this service increases annually. EAS initially reports to these agencies that the client is in the process of having their record expunged and to include this information in their copy of the Client's file. Upon case approval EAS continues to contact these agencies demanding that the Client's record is updated and/or removed based upon the order granted.

   Filing fees and applicable authority fees are the responsibility of the Client.

   EAS reserves the right to make changes to the EAS web site and its Terms and Conditions of Use and Legal Notices at any time without notice. Each time you use the EAS web site, you should visit and review the then current Terms and Conditions of Use, Legal Notices and Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with the EAS web site, its content or Terms and Conditions of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the EAS web site and its services.

   Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

VII. Indemnification
   You agree to defend, indemnify and hold harmless each of EAS, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on this EAS Site, from and against any and all claims, actions or demands, including without limitation legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of this EAS Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from this EAS Site or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.