Terms of Service

Terms of Service 2017-03-02T23:15:29+00:00

Introduction

These Terms of Service (the “Agreement” or “Terms and Conditions”) are an agreement between you and Expunge Oklahoma PLLC, A Oklahoma Professional Limited Liability Company, doing business as “ExpungeOK.com” (“ExpungeOK”) concerning the terms under which ExpungeOK offers you the information, software, products, and services contained in or available through ExpungeOK.com (collectively the “Service” or “ExpungeOK.com”). ExpungeOK.com is made up of various web pages operated by ExpungeOK. Its 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 ExpungeOK.com.

“Using” ExpungeOK.com, means doing actions like clicking on links, entering information, creating documents, uploading content, enrolling in an account, or browsing. Your Using ExpungeOK.com 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.

ExpungeOK.com offers general information about the law; but it does not provide any legal advice. Your Use of ExpungeOK.com does not create an attorney-client relationship between you and ExpungeOK or any of the employees or attorneys you may encounter through it. It is only after you receive you background check report card from ExpungeOK, ExpungeOK offers its services to you for qualifying records that can be expunged after you receive your background check report card, and your consent to use our services, as well as ExpungeOK’s power of attorney will be when an attorney-client relationship be created.

Until the stipulation just previously described detailing the conditions necessary to form an attorney-client relationship are satisfied, ExpungeOK.com should not be used as a substitute for the advice of an attorney. If any type of relationship is inadvertently formed between you and an ExpungeOK employee or an attorney that contributed to or commented on any of the Site’s forums or pages prior to the above condition being satisfied, that relationship excludes ExpungeOK.com as a participant.

Until the above stipulation describing the conditions necessary to form an attorney-client relationship are satisfied, the information provided by ExpungeOK on this site does not constitute legal advice. It should therefore not be relied upon as legal advice. Because the law changes rapidly, ExpungeOK cannot guarantee that all the information on ExpungeOK.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 legal tool like the ones ExpungeOK.com provides can fit every circumstance. Therefore, if you need legal advice for a specific problem, you should consult directly with us or another licensed attorney in your area.

ExpungeOK is not responsible for any loss, injury, claim, liability, or damage related to your use either of ExpungeOK.com or of any site linked to ExpungeOK.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 ExpungeOK.com is at your own risk.

ExpungeOK™ is not a “lawyer referral service.”

ExpungeOK provides a platform for legal information, self-help, and collaboration. The directory of lawyers referred by ExpungeOK.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 ExpungeOK 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 a ExpungeOK user and ExpungeOK until the above described stipulation detailing the conditions necessary to form an attorney-client relationship are satisfied and present . (The term “ExpungeOK” here includes ExpungeOK’s 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, 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 ExpungeOK information regarding your credit card or other form of payment. You warrant to ExpungeOK 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.

You may downgrade a paid plan to a free plan at any time. 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 is finalized when the customer or any representative of the customer views the documents.

Free Trials and Refund Policy

From time to time, we may offer free trials of certain ExpungeOK 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, ExpungeOK may grant a refund to a customer within the first sixty (60) calendar days from the date of purchase. In order to apply for a refund relating to a purchase, customers may email us: ExpungeOK@gmail.com and include a specific reason for the refund request.

Modification of these Terms and Conditions

ExpungeOK reserves the right to change the terms, conditions, and notices under which ExpungeOK.com is offered. This includes, but is not limited to, the charges associated with the use of its services. ExpungeOK will provide you notice of changes to the Terms and Conditions by posting a message on ExpungeOK.com that will appear upon your next login to your account or by sending a notice by email to you with the updated terms, conditions, and notices to the email we have on file for you.

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 ExpungeOK’s website and services, for which you will be charged a monthly fee.

You understand and agree that your Use of ExpungeOK.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 ExpungeOK.com, contains 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 ExpungeOK either sponsors or is legally associated with any of the linked entities; nor is ExpungeOK.com 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 ExpungeOK, ExpungeOK 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. ExpungeOK 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 ExpungeOK. Please review our Privacy Policy. It explains how ExpungeOK treats your personal information and protects your privacy. [Put Independent contractor communication language here]

Third Party Services

Certain services made available via ExpungeOK.com are delivered by third parties. By using any product, service, or functionality originating from the ExpungeOK.com domain, you are allowing ExpungeOK to share information with any third party with whom ExpungeOK 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 ExpungeOK.com website, you warrant to ExpungeOK that you will not use the website in any of the following ways:

For purposes that are unlawful

For purposes prohibited by these terms, conditions, and notices

In any manner which could damage, disable, overburden, or impair the ExpungeOK.com website in any manner that could interfere with another party’s use and enjoyment of the website.

You may not hack, “scrape” or “crawl” ExpungeOK.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 ExpungeOK has not intentionally made available to you on its website via a subscription you have purchased.

The legal forms, legal documents, letters, articles and all other content found on the ExpungeOK.com website (“ExpungeOK content”) are protected by all applicable intellectual property rights, including copyright. Your Use of the ExpungeOK.com website does not entitle you to resell any ExpungeOK.com content. Unlawful or prohibited use of ExpungeOK.com is subject to ExpungeOK Downgrade Options above.

Use of Communication Services

ExpungeOK.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:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others. (This includes rights like those of privacy and publicity.)
  • Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful.
  • 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.
  • Upload corrupted files, files that contain viruses, or any other files that may damage the operation of another’s computer.
  • Advertise, offer to sell, or offer to buy anything for business purposes. Exception: You may do this if Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters.
  • 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.
  • 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 ExpungeOK has no obligation to monitor the Communication Services, it reserves the right, in its own discretion, to review and remove materials posted to a Communication Service. ExpungeOK reserves the right to terminate your access to any of the Communication Services at any time, without notice.

ExpungeOK 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 ExpungeOK neither controls nor endorses the content, messages, or information found in any Communication Service, ExpungeOK specifically disclaims any liability with regard to our interacting with any of the Communication Services. Since managers and hosts are not authorized ExpungeOK spokespersons, their views do not necessarily reflect those of ExpungeOK.

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

ExpungeOK does not claim ownership of any documents you either create on ExpungeOK.com or upload and store within your account manager (“Documents”); nor will ExpungeOK edit any of the Documents. You grant permission for ExpungeOK (including its affiliated companies and necessary sublicensees) to use your Documents in connection with providing Services to you.

If you provide materials other than Documents – materials called “Submissions” – ExpungeOK will be entitled to unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise. (Once again, the term “ExpungeOK” 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 ExpungeOK 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. ExpungeOK 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 ExpungeOK 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 ExpungeOK, 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 ExpungeOK has no responsibility or liability if it deletes or fails to store any content maintained or uploaded by the Service.

Termination/Access Restriction

ExpungeOK reserves the right, in its sole discretion, to downgrade or terminate your access both to the ExpungeOK.com website and to its services, at any time without notice if an attorney-client relationship has not yet been formed. ExpungeOK also reserves the right to modify or discontinue, either temporarily or permanently, any part of its service without notice if an attorney-client relationship has not yet formed. You agree that ExpungeOK 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 ExpungeOK.com website may include inaccuracies or typographical errors. ExpungeOK and/or its suppliers may periodically and at any time make improvements or changes to ExpungeOK.com. Information received via ExpungeOK.com should not be relied upon for personal, medical, legal, or financial decisions if an attorney-client relationship has not yet formed. 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.

ExpungeOK 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 ExpungeOK.com website for any purpose.

EXPUNGEOK 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, EXPUNGEOK 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 ExpungeOK 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 ExpungeOK.com
  • For the delay or inability to use ExpungeOK.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 ExpungeOK.com.

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

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 ExpungeOK.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 ExpungeOK.com if you are dissatisfied with ExpungeOK.com.

Important: The maximum liability ExpungeOK may have to you will be the amount of the fees you have paid to ExpungeOK 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 ExpungeOK) – makes any claim against ExpungeOK because of you, then you, not ExpungeOK, will assume the resulting responsibilities. The specific claims are included in the paragraph below.

“You agree to release, indemnify and hold ExpungeOK and its affiliates and their officers, employees, directors and agent harmless from any 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 ***-***-****.

If ExpungeOK has not been able to resolve a dispute it has with you after attempting to do so informally, including through mediation (which ExpungeOK 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. ExpungeOK 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, ExpungeOK will also pay reasonable attorneys’ fees: ExpungeOK 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

ExpungeOK 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 ExpungeOK 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 ExpungeOK should be addressed to General Counsel, ExpungeOK.com, 1272 North Interstate Dr. Norman, Oklahoma 73072 (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 ExpungeOK and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or ExpungeOK may commence an arbitration proceeding by filing an arbitration demand. During the arbitration, the amount of any settlement offer made by either ExpungeOK or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount you or ExpungeOK 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 ExpungeOK 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, ExpungeOK 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. His 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 ExpungeOK 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 ExpungeOK 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

ExpungeOK 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 ExpungeOK.com website (“Service Content”) are Copyright © 2016 Expunge Oklahoma PLLC and/or its suppliers, affiliates and partners. All rights reserved. Except as expressly authorized by ExpungeOK, 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 ExpungeOK, 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 ExpungeOK.

Trademarks

ExpungeOK and ExpungeOK.com are trademarks of Expunge Oklahoma PLLC. The names of actual companies and products you might encounter through us may be the trademarks of their respective owners. Nothing in this Terms and Conditions or the Service should be understood as in any way granting any license or right to use any of ExpungeOK’s 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 ExpungeOK trademarks is reserved for the use of ExpungeOK, exclusively.

Copyright Complaints

ExpungeOK 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 ExpungeOK of the problem in accordance with the procedure set forth below.

ExpungeOK will process and investigate notices of alleged infringement. If legal action is considered necessary, we or another one of our  legal representatives 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 ExpungeOK Copyright Agent at ExpungeOK@gmail.com.com – Subject line: “DMCA Takedown Request.” You may also contact us by mail at:

1272 North Interstate Dr,

Norman, Oklahoma 73072

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
  • 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 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, ExpungeOK 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, ExpungeOK has adopted, in appropriate circumstances and at ExpungeOK sole discretion, a policy of terminating users who are deemed to be repeat infringers. ExpungeOK 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 ExpungeOK.com website are Copyright © 2016 ExpungeOK and/or its suppliers, affiliates and partners. All rights reserved.

Trademarks ExpungeOK™ and ExpungeOK.com™ are trademarks of Expunge Oklahoma PLLC. 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 ExpungeOK as a result of the Terms and Conditions or use of ExpungeOK.com. ExpungeOK’s performance under these Terms and Conditions is subject to existing laws and legal process. Nothing contained in this Agreement diminishes ExpungeOK’s right to comply with governmental, court, and law enforcement requests or requirements relating either to your Use of ExpungeOK.com or to information supplied to ExpungeOK. 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 ExpungeOK with respect to ExpungeOK.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 ExpungeOK’s written consent. ExpungeOK’s rights under the Terms and Conditions may be transferred by ExpungeOK to someone else. That right is not waived even if ExpungeOK 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 ExpungeOK.

Unless otherwise stated, ExpungeOK may communicate with you officially by any reasonable means now known or later developed. These currently include email, regular mail, text, phone call, and postings on ExpungeOK.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. Questions? Concerns? Suggestions?

Please contact us ExpungeOK@gmail.com to report any violations of these Terms and Conditions or to pose any questions regarding this Terms and Conditions or the Service.