TERMS AND CONDITIONS OF USE
This Terms and Conditions of Use Agreement ("Agreement") is made by and between Record Assist LLC (“ExpressVitals") and you, the user/viewer/customer ("you" or "your"). This Agreement contains the terms and conditions that govern your use of this Web Site.
BY CLICKING THE "I AGREE" BUTTON OR BY ACCESSING, VISITING, BROWSING OR USING ANY PART OF THIS WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE.
A. You will comply with all of the terms and conditions of this Agreement and all applicable laws, regulations and rules when you use the ExpressVitals.com Service, which includes, but is not limited to, the production of goods made to order and the methods, processes, tools and methods used to provide the ExpressVitals.com Service. This applies whether you simply browse the ExpressVitals.com Web Site, use its freely-available services, or become a Registered User.
B. ExpressVitals will only provide the ExpressVitals.com Service to persons and entities able to form legally binding contracts under applicable law. Without limiting the foregoing, minors are excluded from using the ExpressVitals.com Service.
C. If ExpressVitals determines, in its sole and absolute discretion, that you will breach a term or condition of this Agreement by designing, manufacturing, marketing or selling a Good, namely any tangible item designed, manufactured, marketed or sold by a Registered User or other authorized entity using the ExpressVitals.com Service, which infringes the rights of others or otherwise does not meet the standards of ExpressVitals, ExpressVitals may cancel any order for such Good without any liability to you or any third party.
D. By using our service, you understand that ExpressVitals is not a State Department website. We are not affiliated with any governmental organization, whether it is federal, state, or local; and our sole purpose is to assist our customers to obtain their birth certificate or other legal documents. Once your order is submitted using our form, you agree that all information is true and that the names or information used belongs to you.
E. ExpressVitals will process your information using a third party state platform. By agreeing to these terms, you allow ExpressVitals to input information into a platform in order to expedite your order request. All fees associated with use of this third party platform are shown on the pricing page before entering your personal information.
F. All fees quoted are subject to change at any time. All shipping times are subject to change at any time. All quoted processing times are subject to change at any time.
4. YOUR CONDUCT
A. You will not use the ExpressVitals.com Service to post content or to design, manufacture, market or sell a Good that (i) infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, rights of privacy and publicity, (ii) is libelous, defamatory or slanderous or is otherwise designed to or does harass, threaten or abuse others, (iii) is sexually suggestive or contains explicitly sexual content (including nudity), (iv) does or may denigrate or offend any ethnic, racial, gender, religious or other protected group, through use of language, images, stereotypical depiction or otherwise, (v) exploits images or the likeness of minors, (vi) encourages or depicts the use of drugs, alcohol or cigarettes or (vii) is generally offensive or in bad taste.
B. You will not (i) use "spam," "blast-faxes" or recorded telephone messages to market or sell Goods, (ii) use a robot, spider or other device or process to monitor the activity on or copy pages from the ExpressVitals.com Web Site, (iii) interfere with the ExpressVitals.com Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware, (iv) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the ExpressVitals.com Service, (v) collect electronic mail addresses or other personally identifiable information from third parties by using the ExpressVitals.com Service, (vi) impersonate another person or entity, (vii) engage in any activity that interferes with any third party's ability to use or enjoy the ExpressVitals.com Service or (viii) assist any third party or other user of ExpressVitals.com in engaging in any activity prohibited by this Agreement.
5. REPRESENTATIONS AND WARRANTIES
A. Each party represents and warrants to the other party (i) that it has the full power and authority to enter into and perform under this Agreement, (ii) the execution and performance by each party of its obligations under this Agreement do not constitute a breach of, or conflict with, any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and (iii) this Agreement is a legal, valid and binding obligation of the parties executing this Agreement, enforceable in accordance with its terms and conditions.
B. You represent and warrant to ExpressVitals that any content you submit to ExpressVitals and any Good that you design, manufacture, market or sell using the ExpressVitals.com Service will not infringe the copyright, trademark, patent, trade secret, privacy and publicity rights or other legal right of any third party.
6. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
A. EXPRESSVITALS PROVIDES THE EXPRESSVITALS.COM SERVICE ON AN "AS IS" BASIS. EXPRESSVITALS DOES NOT REPRESENT OR WARRANT THAT THE EXPRESSVITALS.COM SERVICE OR ITS USE (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. EXPRESSVITALS.COM MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
B. THE THIRD PARTY LINKS, SERVICES, RESOURCES AND INFORMATION THAT EXPRESSVITALS.COM PROVIDES ON OR MAKES AVAILABLE THROUGH THE EXPRESSVITALS.COM WEB SITE ARE NOT CONTROLLED BY EXPRESSVITALS. ACCORDINGLY, EXPRESSVITALS MAKES NO WARRANTIES REGARDING SUCH THIRD-PARTY SERVICES, RESOURCES AND INFORMATION, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SERVICES, RESOURCES OR INFORMATION.
C. EXPRESSVITALS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE EXPRESSVITALS.COM SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
D. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THIS AGREEMENT, OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS AGREEMENT, IN NO EVENT WILL THE LIABILITY OF EXPRESSVITALS IN CONNECTION WITH THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID TO EXPRESSVITALS BY YOU IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY.
YOUR HEREBY AGREE TO INDEMNIFY AND HOLD EXPRESSVITALS AND ITS EMPLOYEES, REPRESENTATIVES, AGENTS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS AND SHAREHOLDERS (“THE INDEMNIFIED PARTES”) HARMLESS FROM ANY DAMAGE, LOSS, COST OR EXPENSE (INCLUDING AND WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS) INCURRED IN CONNECTION WITH ANY THIRD PARTY CLAIMS, DEMAND OR ACTION (“CLAIM”) BROUGHT AGAINST ANY OF THE INDEMNIFIED PARTIES INSOFAR AS SUCH CLAIM ALLEGES FACTS OR CIRCUMSTANCES THAT WOULD CONSTITUTE A BREACH OF ANY PROVISION OF THE AGREEMENT BY YOU. IF YOU ARE OBLIGATED TO PROVIDE INDEMNIFICATION HEREUNDER, EXPRESSVITALS MAY, IN ITS SOLE AND ABSOLUTE DISCRETION, CONTROL THE DISPOSITION OF ANY CLAIM AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITATION OF THE FOREGOING, YOU WILL NOT SETTLE, COMPROMISE OR IN ANY OTHER MANNER DISPOSE OF ANY CLAIM WITHOUT THE CONSENT OF EXPRESSVITALS. IF YOU ARE OBLIGATED TO PROVIDE INDEMNIFICATION HEREUNDER, EXPRESSVITALS MAY WITHHOLD ANY PAYMENT IT IS OTHERWISE REQUIRED TO MAKE TO YOU UNDER SECTION 6 OF THE AGREEMENT AS A SET OFF AGAINST YOUR INDEMNITY OBLIGATIONS.
A. In its sole and absolute discretion, with or without notice to you, ExpressVitals may suspend or terminate your use of the ExpressVitals.com Service.
B. If you are a Registered User, you may terminate your account for any reason at any time by completing the online account termination form.
C. This Agreement will survive indefinitely unless and until ExpressVitals chooses to terminate it, regardless of whether any account you open is terminated by you or ExpressVitals.
D. If you or ExpressVitals terminate your account, or if ExpressVitals takes any action pursuant to Section 8A of the Agreement, ExpressVitals may delete any Web sites, Web pages, files, graphics or other content or materials relating to your use of the ExpressVitals.com Service on ExpressVitals's servers or otherwise in its possession, and ExpressVitals will have no liability to you or any third party for doing so. If you or ExpressVitals terminate your account you must immediately remove all links to the ExpressVitals.com Web Site from any Web sites you operate and cease representing yourself as a Registered User.
9. THIRD-PARTY SERVICES
10. ADDITIONAL TERMS AND POLICIES
The following agreements, rules and policies contain additional terms and conditions that govern your use of the ExpressVitals.com Service. ExpressVitals reserves the right to make changes to such agreements, rules and policies at any time. Continued use of any part of the ExpressVitals.com Service constitutes your acceptance of such changes. Accordingly, you should review such agreements, rules and policies from time to time to become familiar with such changes. If the terms of any of the following conflict with the terms of this Agreement, the terms of this Agreement will govern and be given precedence.
A. ExpressVitals offers certain fee-based services pursuant to the terms and conditions set forth in its Subscription Service Agreement.
C. If you order and/or pay for Goods, you do so in accordance with ExpressVitals's Ordering and Payment policy.
D. ExpressVitals.com will ship Goods and accept returns in accordance with ExpressVitals.com's Shipping and Returns policies.
This Agreement will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Texas without reference to conflict of law principles. You hereby acknowledge and agree to submit any dispute arising out of or related in anyway whatsoever to the Agreement to binding arbitration pursuant to the common or statutory law of the State of Texas or, if not applicable, federal common or statutory law. You hereby agree to be bound by the determination made by the arbitrators. The rules of the American Arbitration Association will apply to such arbitration unless you and ExpressVitals otherwise agree.
12. NO CANCELLATIONS
Once you place your order with ExpressVitals.com, your order cannot be canceled. We set the process of getting your birth certificate in motion immediately in order to provide the fastest service possible.
A. This Agreement will not be assignable or transferable by you without the prior written consent of ExpressVitals.
B. This Agreement (including all of the agreements, rules and policies described in Section 10 of the Agreement, which are hereby incorporated herein by this reference) contains the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
C. No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.
D. You and ExpressVitals are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this Agreement.
E. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect.
ExpressVitals and any of its employees, representatives, agents, affiliates, directors, officers, managers and shareholders are not in any way affiliated with any federal, state, or local government agencies. By using the ExpressVitals.com service, you agree to hold ExpressVitals and any of its employees, representatives, agents, affiliates, directors, officers, managers and shareholders harmless and devoid of any litigation that may arise from misusing or abusing the ExpressVitals.com or any other affiliated websites. The purpose of this website is to create an easier and friendlier environment for our customer to help in the procurement of government documents including passports, visas, and birth certificates. ExpressVitals’ fees are charged to provide documentation as well as research to its customers. Included in its fees are all costs related to website bandwidth, marketing costs, process agents, customer service agents, security certificates, hacker safe security certificates, virus safety security certificates, web design, web development, content updates, research updates, contacting customers, submitting documentation, phone and e-mail systems, answering customer phone calls, and any and all other miscellaneous charges. All prices quoted for state agencies and shipping prices are subject to change, and ExpressVitals will not be held liable for changes to these policies at any time. There are times when additional documentation is required by customers of ExpressVitals. We will make all attempts to collect this documentation, and it is the responsibility of our customers to respond to all requests made by us or any third parties related to this transaction. By using our site, you agree to the terms and services stated on this website, and realize our services are a liaison and research related service. ExpressVitals and its network are not responsible for shipping delays from Fedex, UPS, the United States Postal service, nor are they responsible for any delays in processing from the state department levels. By using the ExpressVitals.com or any affiliated websites, you agree to indemnify and hold ExpressVitals, and any of its employees, representatives, agents, affiliates, directors, officers, managers and shareholders, and its network, harmless for all claims, damages, or losses suffered by the result of the previously mentioned third parties related to the procurement of your documents provided by ExpressVitals.com and its network.
State fees or authorized state merchant fees and shipping fees may appear on your credit card as VCN then state name, or as Bureau of Vital Statistics.
Online birth certficiate processing price will appear on your card as Express Vitals. In most cases there will be two charges on your credit card which equals the total price shown on the pricing page and before you submit your order. State fees are subject to change and we update these prices as they change from the state to the best of our ability.