Terms and Conditions
These terms and conditions (“Terms and Conditions”) are the agreement that you and RecordFixer operate under and may also be referred to as the terms of service, authorized uses, prohibited uses, or similar governing conditions of this site and the RecordFixer services you hereby agree to. If you access and use this site as an agent of a business or similar legal entity, you hereby agree that you have such authority to enter into a binding agreement and similarly hold such authority to provide the information required to use the RecordFixer portal. You also agree that you are of legal age to use this site and accept the terms and conditions as they are set forth.
We reserve the right to update or modify the terms at any point and any changes or modification shall be posted on this site with the accompanying “Last Update” references to the date that they are reflected as such. Dispute that may arise from the posted terms and conditions will be resolved according to the date and version of the terms in question. We will take reasonable efforts in ensuring that the terms and conditions stay update and that any material changes be communicated to you via email or other means that will make such modifications effective. All users are strongly advised to review these terms periodically.
Authorized Users & Access Security
Authorized users for this site and the RecordFixer portal must be at least eighteen (18) years of age and have a valid email address, a legal and valid credit card, and be authorized to share either their own personal identifying information (“PII”) on this site or be the authorized agent, attorney, or representative to register an account and provide the required documentation to use the RecordFixer portal.
We are not liable or responsible for any unauthorized uses. We may disable any accounts for unauthorized uses at any time in our sole discretion.
Our product or service will require you to register an account by using your email and creating a password so that you may have access to the RecordFixer portal. Additionally, you will be required to provide PII that is highly confidential in nature (i.e., your address, your date of birth, your past criminal history information, your contact information, as well as the legal status of your past or current cases). Any information you provide to us must be correct and complete. We therefore encourage you to choose usernames and passwords that are unique and not associated with any personal information or other online accounts to maximize your security and privacy. By using this site, you are agreeing to be responsible for maintaining the confidentiality of your account and identifying information. You must notify RecordFixer if you become aware of any unauthorized use or access to your account. If possible, please avoid accessing your account from shared or public computers.
RecordFixer provides an online portal (“web application”) or platform for consumers and lawyers to automate criminal record privacy rights. While we have made our best efforts in tailoring our service to fit the needs of most users, it is not possible for us to anticipate all potential variations of one’s specific case. Although the RecordFixer portal describes criminal record privacy rights and legal information in some aspects, RecordFixer is not a law firm and does not offer or provide legal advice. We do not and will not review any users information for legal accuracy or render opinions or options that relate to the law or facts of your circumstances. Communications between you and RecordFixer do not form any attorney-client relationship and are not protected under any attorney-client privilege. You acknowledge that each and every individual’s legal circumstances are different, and that you are obligated to make your own determination in seeking the advice of a qualified lawyer.
Each state within the United States carries different procedures, guidelines, and regulations that ultimately effect one’s rights and duties with respect to criminal record privacy. Such laws and regulations are amended and are modified over the course of time through legislative changes. Therefore, additional steps and procedures may be needed from you in order to achieve the purposes for which you choose to use RecordFixer for. We cannot guarantee or ensure that the information and documents you provide will be enforceable in every possible jurisdiction or address your individual needs. We are not responsible for any actions that may be taken or not taken from the use of our site and we disclaim all liability to the fullest extent permitted by law.
Violation of Terms and Prohibited Uses
RecordFixer reserves the option and right to any and all remedies available at law as well as those in equity for violations of our terms and conditions including but not limited to: blocking access from a particular user or Internet address to our site(s), removing a users access or users account, or seeking injunctive relieve. You therefore agree to indemnify and hold harmless RecordFixer for any liability, claim, loss, expense, or resulting attorney fees that relate to your violation of the terms and conditions or use of this service or information provided.
Prohibited or unauthorized uses of this site or the RecordFixer portal include but are not limited to the following: (i.) any attempt to gain unauthorized access to, interference with, damage or disrupt, any parts of the site, hosting, servers, databases, or computers connected to the site, including malicious infection via worms, viruses, harmful material, trojan horses, denial-of-service attacks, active or passive sniffing, sql injections, logic bombs, cross site scripting, manual process robots, spiders, or automatic process that monitors, copies, collects, scrapes, all or any part of the site for any purpose, (ii.) impersonate or attempt to impersonate any RecordFixer director, agent, employee, or any other user or entity associated with RecordFixer, (iii.) using the site for any purpose to harass or burden, damage, or impair our site or services, (iv.) any actions or processes that violates any laws or regulations of the United States, (v.) any attempt to access or otherwise interfere with the accounts of the other users of the site, (vi.) any attempt to penetrate or disable any security system of the site, (vii.) any attempt to interfere with the function or workings of the site.
Intellectual Property Rights
RecordFixer owns the site along with all of it’s functionalities within the RecordFixer portal along with all content, features, software code, video and audio, text, notices, generated email messages, attachments, links, forms, content, images, design, as well as any informational frameworks, processes, resources, notice forms, policies, or any other materials provided on the site and are protected under US and international copyright, trademark, and applicable intellectual property laws and treaties and shall not be used except as permitted by the terms and conditions. Therefore, no title, interest, or right from the site is transferred to you, or any user, and all rights whether expressly granted or not are reserved by RecordFixer.
You may not copy, reproduce, publish, transmit, display, post, distribute, perform, create derivative works from, license, sell, or exploit the site or any of the sites materials unless permitted by the terms and conditions or express grant from RecordFixer. By violating any of the expressly prohibited uses above, you and any users account associated with your use may cease immediately and you may be denied access to the account with no promise of copies or materials provided to the site.
RecordFixer owns all rights to its trademarks, trade names, trade dress, or other similar designs that are used on the site along with the services names, logos, designs, slogans, or quotes that are registered or common law trademarks of RecordFixer which are protected under US law and international treaties. No license is granted to you under the terms and conditions or by your use of the RecordFixer site or portal. The site and RecordFixer service contains proprietary notices and copyright information. The information, materials, and any content provided through the site may not be copied, modified, displayed, published, transmitted, reproduced, used, sold, used to create derivative work or otherwise used for commercial or public purposes, or otherwise exploit the site or the sites materials or content without the express written consent of RecordFixer.
Warranties / Guarantees
The RecordFixer website and RecordFixer portal as well as any content or service features provided on the site are provided “as is” and on an “as available” basis without warranties whether express or implied. Neither RecordFixer nor any individual or agent or entity that may be affiliated with RecordFixer makes any kind of warranty or representation as to the quality, security, functionality, completeness, reliability, accuracy, or availability of the RecordFixer portal or site or either’s content contained herein. Furthermore, neither the site or portals for RecordFixer warrant that that the features or site itself shall and always be error-free, accurate, reliable, uninterrupted, or reliable or that any technical inefficiencies or defects are to be corrected or will be corrected, that the hosting, servers, website, or portal are free of viruses or harmful components or that the service or services offered by RecordFixer will otherwise meet the users expectations or needs. All individuals or users have unique circumstances that the services or features of RecordFixer may not accommodate accordingly. Due to the limitless variations in privacy cases and arrest, charging, or conviction information, all users and authorized persons acknowledge that using RecordFixer may or may not satisfy their intended purposes and must use one’s own diligence to conduct the proper fit of the site’s use. Thus, except as to express provisions within these terms, RecordFixer disclaims all warranties, whether express or implied, whether statutory or otherwise, included warranties of merchantability, fitness for a particular purpose, or accommodating, creating, establishing, perfecting, or maintaining compliance with any specific laws or regulations required by law.
RecordFixer strives to conduct the best practices in preserving criminal record privacy, and user agrees and acknowledges that among the methods used by this site includes the divulging, identifying, verifying, and/or establishing true personal identification of the user and/or the consumer record holder in order to secure the record holder’s right to demand or request privacy, deletion, removal, suppression, and compliance from a reporting agency, data aggregator, data warehouse distributor, or consumer reporting agency, consumer records provider/vendor—and that such practices rely on the above entities to comply with their respective furnisher(s) or reporting agency guidelines as they apply to each consumers jurisdiction and overall consumer rights to privacy.
Limitation of Liability
In no event does RecordFixer, its directors, affiliates, service providers, employees, vendors, agents, managers, or licensors, be liable for damages of any kind, pursuant to any legal theory, arising from or in connection with the use of the services and features of the RecordFixer portal or site or any other service or websites related or directed to/from other websites. The following limitations include but are not limited to loss of data, data disclosure, loss of use, direct, indirect, incidental, consequential, punitive, or special damages that would arise from loss of revenue/profits, loss of business or anticipated savings, personal injury, suffering, emotional distress, whether or not caused by tortious or negligent conduct, any breaches of contract, whether or not foreseeable. RecordFixer will not be liable for any losses or damages caused directly or indirectly by viruses, malware, distributed denial of serve attacks, or any type of digital or technological harm that could affect your servers, routers, devices, programs, data, personal identifying information, or any other material from the use of our sites or services.
The services and features provided by RecordFixer are offered to its users and authorized parties in an economically feasible basis and that all limitations, disclaimers, exclusions, and exclusions are representative of the reasonable allocation of risk under the circumstances and apply to the fullest extent permissible under applicable laws.
User agrees to indemnify, defend, hold harmless RecordFixer, its licensors, service providers, directors, officers, employees, affiliates, contractors, vendors, and agents from any claims, liabilities, damages, judgments, losses, costs, awards, expenses or fines/fees arising from users use of the site and portal, up to and including any violations of the terms and conditions or applicable laws therein.
Governing Law and Jurisdiction
Your use of our services and features is subject to all applicable federal, state and local laws and regulations. Unauthorized use of the services or features offered by RecordFixer is prohibited and violators can be prosecuted under federal and state laws. You agree that all matters relating to the site and the terms and conditions and any disputes or claims arising from or related to using RecordFixer shall be governed by and construed in accordance with the internal laws of California without giving effect to any choice or conflict of law provision or rule. You therefore agree that any federal or state courts located in the State of California will have exclusive jurisdiction over any legal proceedings related to, arising from, or connected in any way to your use of our sites or features. You hereby waive any objections to the exercise of jurisdiction over you by such Cours or venue in such courts.
This website is operated by RecordFixer and all comments, technical support, and other communications relating to the site or services must be directed to: firstname.lastname@example.org