Terms Of Services


Last Updated: 01/03/2023

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the www.expungeamerica.com services (the “Service”) operated by Hafkat, P.C. dba ExpungeAmerica (“us”, “we”, or “our”).  The application is owned by and operated by Hafkat Incoproated DBA ExpungeAmerica.  We are a law firm with all attorneys as members of the California State bar in active good standing.  Our address is 2049 Century Park East, Suite 750, Los Angeles, CA 90067. 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms, and our Privacy policy. Any other links or references provided in this policy are for informational purposes only and not part of the policy. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. Clikcing onto pages beyond the application’s homepage constitutes your acceptance and agreement with the terms of use whether or not you complete a transaction with us on the Application or through other channles, such as by phone, by email, or otherwise.  If you do not agree to teh terms of service you may not submit this application. 

Permitted Use

You agree that:

1.      your use of this application is subject to and governed by these Terms of Use,

2.      you will only access or use this application and transact business with us if you are at least 18 years old,

3.      you will comply with and be bound by these Terms of Use as they appear on this application each time you access and use this application,

4.      each use of this application by you indicates and confirms your assent to and agreement to be bound by these Terms of Use, and

5.      these Terms of Use are a legally binding agreement between you and ExpungeAmerica that will be enforceable against you.

You agree that you will not use or attempt to use this application for any purpose other than conducting mortgage banking related business with ExpungeAmerica as a bona fide client of ExpungeAmerica; you may not use or attempt to use this application or any part of this application for any purpose:

1.      that interferes with or induces a breach of the contractual relationships between ExpungeAmerica and its employees,

2.      that is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property,

3.      that transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited Email, unsolicited commercial communications,

4.      that transmits any harmful or disabling computer codes or viruses,

5.      that harvests Email addresses from this application,

6.      that transmits unsolicited Email to this application,

7.      that interferes with our network services;

8.      that attempts to gain unauthorized access to our network services,

9.      that suggests an express or implied affiliation with ExpungeAmerica or broker relationship with ExpungeAmerica (without the express written permission of ExpungeAmerica),

10.  that impairs or limits our ability to operate this application or any other person’s ability to access and use this application, and/or

11.  that unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;

12.  that harms minors in any way, including, but not limited to, transmitting or uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

13.  that transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;

14.  that harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;

15.  that dilutes or depreciates the name and reputation of ExpungeAmerica or any of its affiliates;

16.  that transmits or uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; or

17.  that unlawfully transmits or uploads any confidential, proprietary or trade secret information.

Access To This Application

ExpungeAmerica reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this application.

Use Of This Application

You agree and acknowledge that you have the sole responsibility and liability for your use of this application and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this application.

Intellectual Property Rights

All marks used on this application are the property of their respective owners.

Application Content: You acknowledge and agree that:

·         all content, pages, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, “look and feel”, and the operation of this application (collectively “Application Content”) are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and

·         all rights associated with the Application Content are owned by ExpungeAmerica, its licensors, or content providers.

Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Application Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any page, or alter the appearance of any Application Content.

You may not use Application Content, domain names (in whole or in part), or Email addresses related to or derived from this application, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this application, for any purpose; meaning that you may not, among other prohibited uses, use any Application Content, domain names, Email addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this website:

·         in or as any meta-tag or hidden text;

·         in or as part of any contextual marketing directory, index, or triggering term;

·         as content or advertising related to any other application including, but not limited to, comparative/informational applications; and/or

·         as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Company’s application or controls the content of any other application.

Submissions: You acknowledge and agree that all submissions to ExpungeAmerica containing any comments, improvements, suggestions, and ideas regarding this application will become and remain our exclusive property, including any future rights associated with such submissions, even if the provisions of these Terms of Use are later modified or terminated. This means that you forever disclaim any proprietary rights in such submissions, and you acknowledge ExpungeAmerica’s unrestricted right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.

Testimonials: You acknowledge and agree that all testimonials submitted to ExpungeAmerica will become and remain our exclusive property, even if the provisions of these Terms of Use are later modified or terminated. This means that you irrevocably grant to ExpungeAmerica the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that ExpungeAmerica may use any percentage of your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude your name or use a fictions name herewith.

Linking

Not Responsible For Links to Other websites: For your convenience, this website may provide links to other websites on the World Wide Web. Unless expressly stated otherwise on this website, ExpungeAmerica does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any websites to which this website may provide a link. By using this website you acknowledge and agree that ExpungeAmerica will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials.

No Advertising / No Links. ExpungeAmerica does not permit third-party advertising on this website. Except with the written permission of ExpungeAmerica, you agree that you will not create links from any website or Web page to this website or any Web page within this website.

Revisions And Modifications

You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this application at the time you access this application. Because these Terms of Use may change, we encourage you to refer back often to these Terms of Use. In addition, you agree and acknowledge that all other content, services, products and materials on or available through this application are subject to updating and revision without notice to you. You further acknowledge and agree that individual modifications to the Terms of Use may not be altered by contract, unless expressly permitted in writing by the President of ExpungeAmerica.

Location

You understand and acknowledge that ExpungeAmerica controls and operates this application from within the United States of America. This application provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on this application will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this application.

SERVICE SPECIFIC TERMS

ExpungeAmerica provides, in part, legal services and consultation for individuals seeking to expunge, or correct issues on their criminal background or rap sheet. 

We are not responsible for any failure to acquire employment, travel, or other services as a result of errors mistakes or inaccuracies in the service, any interruption or cessation of the service, any actions by the court or legal system.

All visitors you provide any contact information, payment information, or other information on the site agree to allow law firm marketing, in the form of live phone calls, mailers, letters, leaflets, emails, SMS messages, telephonic communications, or other communication.

All claims arising out of or relating to these terms or the Service will be governed by California law, except California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Los Angeles, California, USA. You and Us consent to personal jurisdiction in those courts.

YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

All visitors who provide any payment information agree to be charged the amount provided. All visitors agree that any challenge or dispute so such payment must be first provided to Hafkat, P.C. in writing.

ExpungeAmerica Money Back Guarantee and Refunds

ExpungeAmerica expungement services are backed by our money back guarantee program (The “Program”).  Under this program, subject to the terms below, a client may request a refund for the following reasons:

1.      ExpungeAmerica’s determination of eligibility was inaccurate, or incorrect.

2.      ExpungeAmerica was unable to obtain an expungement on behalf of the Client for the Requested Conviction;

3.      ExpungeAmerica failed to apply for the expungement.

ExpungeAmerica has the sole discretion to determine eligibility for a refund under the Program.  Upon request, the ExpungeAmerica team will review and determine eligibility for a refund. 

EXCLUSIONS TO THE MONEY BACK GUARANTEE PROGRAM

Refunds based on a client’s failure to: provide ExpungeAmerica requested information in a timely manner, provide ExpungeAmerica with updated contact information, comply with any conditions imposed by the Court as a prerequisite for obtaining post-conviction relief, failure to pay all fines and restitution and fees, failure to take required courses or other programs, failure to provide ExpungeAmerica with accurate and complete information are excluded.

Notably, ExpungeAmerica does not control the court calendar.  A request for an expungement must be approved by the court of appropriate jurisdiction. Any delay caused by the court does not entitle the client to a refund.  In addition, should the court reject a request or deny a petition for expungement for any reason, ExpungeAmerica, at its sole discretion, may re-apply as many times as it deems necessary in order to obtain relief.  No refunds will be issued during any reapplication period.

A client is entitled to a refund if ExpungeAmerica is unable to obtain expungement based on accurate information provided, and has exhausted all attempts to file and obtain requested relief.  The money back guarantee does not apply any service other than the expungement services.

ExpungeAmerica does not guarantee successful petitions or the ability to regain gun rights, gain employment, maintain employment or other relief anticipated based on a successful petition.   A client who obtains postconviction relief with ExpungeAmerica, but is unable to obtain gun rights, is denied employment, or terminated from client’s employment, or is unable to obtain some other anticipated relief, is not entitled to a refund. ExpungeAmerica money back gurantee does not guarantee that a client will obtain a felony reduction under 17(b) and furhter does not guarantee apply service outside its expungemnet service. 

ExpungeAmerica focuses solely on post-conviction relief through the court of appropriate jurisdiction.  ExpungeAmerica does not clear DMV records, or other publicly available databases.  A client is not entitled to a refund on the basis that a DMV report continues to show an arrest record, or that the information on a third party or public database shows the conviction.

ExpungeAmerica is not responsible for a client’s failure to provide accurate or complete information.  Any denial or failure to receive an expungement that is due to client’s failure to provide accurate or complete information is not eligible under the Program.

REFUNDS

Refunds may take 3-5 business days to appear on any bank or credit card statement after being processed.

ExpungeAmerica will process a refund for any client who makes a request and is eligible to a refund under the money back guarantee.  Refunds will be limited to the amount paid by the client.  In certain circumstances, ExpungeAmerica will refund the entire sum paid for services under where it determines eligibility under the money back guarantee program.

Any client requesting a refund for any other reason (i.e. change of heart, decision to use another provider) will not be entitled to a refund. 

In certain circumstances, where ExpungeAmerica has not yet filed the expungement paperwork, and a request for a refund is made outside the Program, ExpungeAmerica, at its sole discretion, may decide to refund the client.  In such, situations, ExpungeAmerica will retain all credit card and other bank processing fees associated with the processing and return.

Once expungement paperwork has been filed, however, no refund will be issued outside the Program. In addition, no refund will be issued for delays caused by the court or other governing body.