Terms of Service and Use

By accessing or using any part of the Unpublisharrest.com website for any reason whatsoever, you agree to the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then do not access the Website or use any services. You must be 13 years of age or older to access this Website unless you can provide parental permission. Your use of our service(s) implies that you have read and accepted these Terms of Service and Use. The access rights granted to you under the Terms Of Service and Use are non-transferable.

Ownership

You do not claim intellectual property right or exclusive ownership to any of our products or services, whether modified or unmodified. All products and services are the property of UnpublishArrest.com. Our products and services are provided ‘as is’ without warranty of any kind, either expressed or implied. In no event shall our organization (or any business or individual associated with UnpublishArrest.com) be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use or inability to use our services.

License Issuance and Fulfillment

Licenses are issued and fulfilled by the The Mugshots.com Database (Licensor) for permanent unpublishing, permanent publishing and content editing of arrest records and mugshots from The Mugshots.com Database, the same database which powers the Mugshots.com website.

Responsibility of Contributors

By submitting Content to UnpublishArrest.com, including but not limited to testimonials, for publication on the Website, you grant UnpublishArrest.com a world-wide, royalty-free, and non-exclusive license to reproduce, adapt and publish the Content.

Fees & Payment

The service fees charged by the Company will be as published on the Website or as mutually agreed upon by the parties. By selecting the Company’s service you agree to pay UnpublishArrest.com fees then in effect for that service. Your payment will be typically be posted on the day you agree to purchase. However from time to time situations beyond Unpublisharrest.com’s control may arise and your payment and subsequent submission may be postponed. Unpublisharrest.com is not bound to a specific time frame and works on a best efforts basis to complete payments and submissions. For refund requests email us at unpublisharrest@yahoo.com. If you charge back your payment for any reason whatsoever after the service has been rendered, you will be subject to an additional $100.00 dollar service fee  in addition to standard services fee’s should you decide to reengage the licensor for unpublishing, publishing or editing after services have been unwound from the original service that was provided.

Documentation Verification

In the event you have had your case sealed or expunged; we may submit you for a courtesy removal. (see bold paragraph below) You must provide verifiable documentation electronically via email  to docverify1@gmail.com.

The documentation you provide electronically may be reviewed by Mugshots.com in-house counsel or authorized agent to verify its authenticity. This documentation verification process carries a one time Administrative Fee of $299.00 per incident of arrest. No exceptions will be granted to this policy.

Should the presented documentation be determined to be unverifiable; the $299.00 Administrative Fee is non-refundable, however it can be applied towards a normal content licensing fee of $399.00. To apply the funds to standard services, you must submit the balance within a time period not to exceed 10 calendar days from your electronic notice of non-acceptance for courtesy removal.

Intellectual Property

This Agreement does not transfer from UnpublishArrest.com to you any UnpublishArrest.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with UnpublishArrest.com. UnpublishArrest.com, the UnpublishArrest.com domain, the UnpublishArrest.com logo, and all other trademarks, service marks, graphics and logos used in connection with UnpublishArrest.com, or the Website are trademarks or registered trademarks of UnpublishArrest.com. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any UnpublishArrest.com or third-party trademarks.

Disclaimer of Warranties

The materials on UnpublishArrest.com Website are provided ‘as is’. We make no warranties, expressed or implied, and hereby disclaim all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, UnpublishArrest.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of services or Content on its Website or on any sites linked to this site. UnpublishArrest.com does not offer legal guidance or legal representation, and users are encouraged to seek their own counsel for legal guidance.

Limitation of Liability

UnpublishArrest.com and its suppliers, licensor’s, banking partners, merchant banks, credit card processing companies, credit card gateway providers or any other affiliated organizations with Unpublisharrest.com including individuals associated with the afore mentioned entities, will not be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory. The Company does not warrant against interruptions of use or loss or corruption of data.  UnpublishArrest.com expressly limits its liability to an amount not exceeding the fees (if any) paid by you under this agreement during the twelve (12) month prior period. UnpublishArrest.com shall have no liability for any failure or delay due to matters beyond their reasonable control. UnpublishArrest.com does not have any control over decisions made by The Mugshots.com Database and therefore not responsible for their decisions, policies or privacy practices.

Indemnification

You agree to indemnify and hold harmless UnpublishArrest.com, their affiliates, employees, respective directors, officers, assigns, agents, banking partners, merchant banks, credit card processing companies, credit card gateway providers or any other affiliated organizations with Unpublisharrest.com including their affiliates, employees, respective directors, officers, assigns, and agents including any other individuals associated with the afore mentioned entities from and against any and all claims and expenses, including attorney’s fees, arising out of your use of Unpublisharrest.com for any reason whatsoever, including but not limited to any violation of this Agreement.

Description of Service

Unpublisharrest.com’s service is to relay the polices of the The Mugshots.com Database (Licensor) to the public, submit applications for licensing and collect payment on the Licensor’s behalf.

Once the order is placed, submitted and accepted by The Mugshots.com Database for unpublishing, permanent  publishing or content editing; (whether the order is placed on line through our on line shopping cart or telephonically via customer service agent), the service shall be deemed rendered.

All submissions by Unpublisharrest.com to The Mugshots.com Database (Licensor) are captured and digitally recorded by the licensor on Mugshots.com.  You further agree and accept a screenshot of the digital submission to The Mugshots.com Database as absolute proof the submission and acceptance have been completed and services are deemed rendered.

Licenses are issued and fulfilled by the The Mugshots.com Database (Licensor) for permanent unpublishing, permanent publishing and content editing of arrest records and mugshots from The Mugshots.com Database, the same database which powers the Mugshots.com website.

Requests for permanent unpublishing, permanent publishing, or content editing must be reviewed and accepted and by the Licensor. (see Refund Policy)

If your request for permanent unpublishing, permanent publishing, or content editing is accepted by the Licensor, after the requested service is completed; As a courtesy ONLY, if permanent unpublishing is chosen and information is unpublished from The Mugshots.com Database; requests will be submitted to Google to have the inactive links (dead links) and mugshots associated with the arrest(s) and Mugshots.com removed from the Google search results. Google results are controlled by Google and as such; Google submissions are not guaranteed and are NOT a part of the optional paid service provided.

Other than the courtesy submissions to Google, NO other submissions of any kind will be provided to other search engines. Yahoo and Bing update their entire index regularly. Each of the major search engines tend to crawl the web and automatically find new pages, remove inactive links, and reflect updates to existing pages and websites, keeping the Search Engine indices fresh and as up-to-date as possible. Unpublisharrest.com, its agents and the Licensor have no control of the speed of which Search Engines may react to changing content within The Mugshots.com Database and further unpublished material on Mugshots.com.

 Arbitration Agreement

Licensor and Licensee agree to arbitrate all disputes and claims between them.  This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • Claims arising out of or relating to any aspect of the relationship between Licensor and Licensee, 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 Licensee is not a member of a certified class; and
  • Claims that may arise after the termination of this Agreement.

Notwithstanding the foregoing, either party may bring an individual action in small claims court.  Licensor and Licensee agree that, by entering into this Agreement, Licensor and Licensee are each waiving the right to a trial by jury or to participate in a class action.  Licensor and Licensee agree that each may bring arbitration claims against the other only in the Licensor’s and Licensee’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).  The Notice to Licensor should be addressed to:  Dickinson Wright, PLLC, Attn:  David G. Bray, 1850 N. Central Avenue, Phoenix, Arizona 85004 and must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”).  If the parties do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, Licensor or Licensee may commence an arbitration proceeding.

The arbitration will be governed by the Consumer Arbitration Rules (collectively, “AAA Rules””) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 800.778.7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers, about the arbitration process at att.com/arbitration-information.)

The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless Licensor and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or 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. Except as otherwise provided for herein, Licensor will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Licensor for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, 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. 

Content License Disclaimer

Not Available in all States.  Obtaining a license for Permanently Publishing, Editing, or Halting Publication (“Unpublishing”) of published mugshots and/or arrest records within the mugshots.com database is currently not available to Legal Residents of the state of Illinois. If you are a legal resident of Illinois and choose to submit for a content license to unpublish, permanently publish or edit a record, the service will NOT be provided.

Refund Policy – Non Refund Policy

Unpublisharrest.com by contract to the Licensor (The Mugshots.com Database) is offering a non-tangible digital service. In addition to previous costs incurred, immediate costs are incurred by Unpublisharrest.com when an order is placed and submitted. Unpublisharrest.com costs include but are not limited to; associated legal, administrative, and labor. Licensor costs have also already occurred and additional costs are incurred upon submission and processing. Licensor costs include but are not limited to; associated legal, administrative, technical and data acquisition. As explained, costs are incurred immediately and costs have previously occurred and as such; we do not issue refunds once the order is **placed and submitted to The Mugshots.com Database for unpublishing, permanent  publishing or content editing; either on line through our on line shopping cart or telephonically via customer service agent.

 *Non Refund Policy Exceptions:

 *These 2 exceptions constitute the only exceptions to our non refund policy.

1.       If an application for licensing permanent unpublishing, permanent publishing or editing is not accepted by the licensor (The Mugshots.com Database); a full 100% refund will be granted.                         

2.      **If the order has been placed either on line through our on line shopping cart or telephonically via customer service agent and the submission to the licensor for unpublishing, permanent publishing or content editing has NOT occurred; a full 100% refund will be granted.

**All submissions by Unpublisharrest.com to The Mugshots.com Database (licensor) are captured and digitally recorded by the licensor on Mugshots.com. As a customer; you are responsible for understanding this before placing your order. You further agree and accept (before an order is placed) a screenshot of the digital submission to The Mugshots.com Database as absolute proof the submission has been completed and services are deemed rendered.

Google: Courtesy Submission – Non Refund Policy

As a courtesy ONLY, when permanent unpublishing is chosen and information is unpublished from The Mugshots.com Database; requests will be submitted to Google to have the inactive links (dead links) and mugshots associated with the arrest(s) and Mugshots.com removed from the Google search results. Google results are controlled by Google and as such; Google submissions are not guaranteed and no refunds will be issued based on courtesy Google submission success; as the submissions are a courtesy and are NOT a part of the optional paid service provided.

Other Search Engine non submission – Non Refund Policy

Other than the courtesy submissions to Google, no other submissions of any kind will be provided to other search engines. Yahoo and Bing update their entire index regularly. Each of the major search engines tend to crawl the web and automatically find new pages, remove inactive links, and reflect updates to existing pages and websites, keeping the Search Engine indices fresh and as up-to-date as possible. Unpublisharrest.com, its agents and the Licensor have no control of the speed of which Search Engines may react to changing content within The Mugshots.com Database and further unpublished material on Mugshots.com. No refunds will be issued based on search engine indexing performance.

Unpublisharrest.com is an exclusive agent by contract for The Mugshots.com Database. (licensor) Unpublisharrest.com does not work with and is not affiliated with, including but not limited to; any other informational, news related or Mugshot themed websites.  Unpublisharrest.com or the Licensor cannot and will not be held accountable should a customer’s arrest information or mugshot appear on any informational, news related, additional mugshot themed websites or any other websites of any kind. Unpublisharrest.com’s service strictly relates to The Mugshots.com Database, which is the database that powers Mugshots.com.  The customer agrees to and understands these sites are neither affiliated nor is the unpublishing from these sites a part of the optional paid service provided by Unpublisharrest.com. It is not within Unpublisharrest.com’s scope of service to determine if a customer is published on any other websites et al or additional mugshot themed websites. No refunds will be issued based on a client being published on any other websites or Mugshot themed websites.

As a customer you are responsible for understanding the entire refund policy; before an order is placed. For refund requests email us at unpublisharrest@yahoo.com.

Call Recording Consent

When calling the main customer service line posted on Mugshots.com, or when calling any of our customer service agents via their direct “800″ numbers; the first announcement you hear is “This call will be recorded for quality assurance.” By continuing with any and all of these types of calls; you grant your express consent to be recorded. Before placing an order, you are required to understand; consented recordings can and will be used should a dispute arise regarding the service we provide, how the service was explained or perceived. Before placing an order you further agree the information published on this website supersedes all other forms of information.

I.P. Address Collection Consent

You consent to having your Internet Protocol address recorded.

Google and other Search Engine Submissions

As a courtesy ONLY, when permanent unpublishing is chosen and information is unpublished from The Mugshots.com Database; requests will be submitted to Google to have the inactive links (dead links) and mugshots associated with the arrest(s) and Mugshots.com removed from the Google search results. Google results are controlled by Google and as such; Google submissions are not guaranteed and are NOT a part of the optional paid service provided. Other than the courtesy submissions to Google; NO other submissions of any kind will be provided to other search engines. Yahoo and Bing update their entire index regularly. Each of the major search engines tend to crawl the web and automatically find new pages, remove inactive links, and reflect updates to existing pages and websites, keeping the Search Engine indices fresh and as up-to-date as possible. Unpublisharrest.com, its agents and the Licensor have no control of the speed of which Search Engines may react to changing content within The Mugshots.com Database and further unpublished material on Mugshots.com.

Other Websites & other Mugshot Themed Websites

Unpublisharrest.com is an exclusive agent by contract for The Mugshots.com Database. (licensor) Unpublisharrest.com does not work with and is not affiliated with, including but not limited to; any other informational, news related or Mugshot themed websites.  Unpublisharrest.com or the Licensor cannot and will not be held accountable should a customer’s arrest information or mugshot appear on any informational, news related, additional mugshot themed websites or any other websites of any kind. Unpublisharrest.com’s service strictly relates to The Mugshots.com Database, which is the database that powers Mugshots.com.  The customer agrees to and understands these sites are neither affiliated nor is the unpublishing from these sites a part of the optional paid service provided by Unpublisharrest.com. It is not within Unpublisharrest.com’s scope of service to determine if a customer is published on any other websites et al or additional mugshot themed websites. No refunds will be issued based on a client being published on any other websites or Mugshot themed websites.

Site Terms of Use Modifications

These Terms of Service and Use may be modified at any time without prior notice.

*As a customer you are responsible for reading, understanding and agreeing to, these Terms of Service and Use; before an order is placed.