This agreement is made by and between 2FixYourTrafficTicket.com (“Company”, “we”, “us” or “our”), through our website www.2FixYourTrafficTicket.com (the “Website”) and (“You”, “Your” , “Visitor”, “Client” or “Customer”) for the preparation of a Trial By Written Declaration to contest a California traffic ticket (referred to hereafter as the “Service” or “Services”), subject to the Terms of Service (the “Terms”) as outlined in this agreement. This agreement may be updated by the Company from time to time without prior notice.
You must be at least 18 years of age and of full legal mental capacity and be legally able to enter into agreement and agree to Terms of this agreement. If you do not understand the Terms of this agreement or you do not meet these requirements do not use this Website or the Services provided.
The Company respects the privacy of customers and the treatment of their personal information. The Company will make every effort possible to protect and store customer’s information. The Company will not share or release customer’s personal information without customer’s permission. Such private information which includes, but is not limited to name, address, telephone number(s), financial or banking information and any information regarding traffic ticket or citation, except if lawfully instructed to do so by court order.
Right of Refusal:
The Company reserves the right to refuse service to anyone. This refusal may not be based upon discriminatory measures such as gender, religion, race, color, or national origin. Should The Company decide to refuse service to customer, the Company shall issue a refund to customer for the total fees paid to the Company.
Legal Document Assistant:
The Company provides general free information on our Website for an understanding of the traffic court process. The Services of the Company are provided by a registered and bonded Legal Document Assistant in Los Angeles County (Karen F. Hovanessian LDA2014166284 valid through 6/17/2018). You may contact LA County registrar recorder at P.O. BOX 1208 Norwalk, CA 90650 or at 562-462-2177 or at lavote. net. A legal document assistant is not permitted to engage in the practice of law, including providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms, or strategies. The Company is not a law firm and does not practice law or any services provided by a licensed attorney. The county clerk has not evaluated or approved our knowledge or experience, or the quality of our services. consumer may obtain information regarding free or low-cost representation through a local bar association or legal aid foundation and that the consumer may contact local law enforcement, a district attorney, or a legal aid foundation if the consumer believes that he or she has been a victim of fraud, the unauthorized practice of law, or any other injury. Pursuant to Section 6409.1, the venue for an action arising out of a dispute between a legal document assistant and his or her client shall be the county in which the client has his or her primary residence. This Website does not create any attorney-client relationship, and by using this Website, no attorney-client relationship will be created with the Company. You are representing yourself in any legal matter you undertake, with or without the Company’s Services. If you have problems or questions which are complex or require legal advice or analysis, please consult a licensed attorney. We do not review any information you provide to us for legal sufficiency, legal accuracy , draw legal conclusions, apply the law to the facts of your specific situation, or provide any opinions about your answers on the online sign up form. The Company, its representatives and its Legal Document Assistant are not lawyers or attorneys and do not provide legal advice or legal services and will not appear in court on your behalf or keep track of your court deadlines. There is no attorney-client privilege or relationship created by purchase of the Services of the Company. The Company, nor any of its employees, make no representations or warranties, express or implied, regarding the legal or other consequences resulting from your use of the Services or the website. It is the responsibility of each individual person to evaluate the accuracy, completeness or usefulness of any information or content on the Website. The content on the Website is intended to provide visitors only with general information. However, there is no guarantee that this information is comprehensive up to date or accurate. In short, Client’s use of the Website and any services provided by the Company is at client’s own risk on “as is” basis. The Company is NOT a Government Agency. The Company, nor its employees, do not have special influence and cannot obtain special favors from any court or any other governmental agency.
Explanation of Service:
Upon purchase and the payment of our fees for the preparation of the trial by written declaration we will prepare and provide you with all the completed documents for you to file a trial by written declaration with the court, according to your choice of delivery, in a timely manner. All statements and documents are prepared by us based on information provided to us by you in accordance to your direction. We may consult a licensed California attorney in preparing your case. We do not make court appearances or file documents with the court on your behalf. You may choose to alter the documents provided to you by us. Any alterations made to your documents as a result of erroneous or incorrect information provided to us by you may result in additional fees. The Company shall not be held responsible and shall not honor the money back guarantee offer for completing your documents if the information you provided to the Company at time of purchase is fraudulent, erroneous, false or inaccurate. The Company shall not be responsible for verifying whether any information provided to the Company by you is true or accurate. By providing Company with information, you are vouching for the credibility and accuracy of that information.
Starting on July 4, 2015, Company charges $99 Flat Fee for its services to prepare trial by written declaration for moving violations of infraction as posted on the Website except for cell phone tickets. The company charges $49 Flat Fee for its services to prepare trial by written declaration for cell phone tickets. In addition to the Flat Fee, the Company will charge $55 for each additional violation on the citation as well as for incidental costs such as; shipping and handling and Rush or expedite fee, if desired by the Client. The $55 fee for each additional violation and the incidental costs are non-refundable. Fees paid to the Company are independent from any fine or bail amount that may be charged by the court.
Between July 23, 2014 and July 3, 2015, Company charged $189 Flat Fee for its services to prepare trial by written declaration for moving violations of infraction as posted on the Website except for cell phone tickets. The company charged $49 Flat Fee for its services to prepare trial by written declaration for cell phone tickets. In addition to the Flat Fee, the Company will charge for incidental costs such as; shipping and handling and Rush or expedite fee, if desired by the Client. The incidental costs are non-refundable. Fees paid to the Company are independent from any fine or bail amount that may be charged by the court.
100% Money Back Guarantee:
The 100% Money Back Guarantee offer applies to customers who sign up for our service on or after July 4, 2015. If you signed up for our service on or after July 4, 2015, in the event that your traffic violation is not dismissed by the court after you file the trial by written declaration we will give you a 100% refund of the $99 flat fee paid by you at the time you purchased our service. Any fees paid to the company for more than one violation code on the citation and any shipping and handling of documents and any fees paid to the company to rush services to expedite the document preparation are non-refundable. If you are unable to use the documents to file a trial by written declaration with the court for any reason the money back guarantee offer shall be void. If you choose to not go through the trial process or enter a guilty plea without challenging the traffic ticket for any reason the customer will be disqualified from the money back guarantee offer. The money back guarantee does not apply to cell phone tickets ($49 Flat Fee).
Partial Refund Guarantee:
For signups between July 23, 2014 and July 3, 2015, in the event that your traffic violation is not dismissed or reduced by the court after you file the trial by written declaration we will give you a partial refund of $94 out of the $189 flat fee paid by you at the time you purchased our service. Any fees paid to the company for shipping and handling of documents and any fees paid to the company to rush services to expedite the document preparation are non-refundable. If you are unable to use the documents to file a trial by written declaration with the court for any reason the partial money back guarantee offer shall be void. If you choose to not go through the trial process or enter a guilty plea without challenging the traffic ticket for any reason the customer will be disqualified from the partial refund guarantee offer. The partial refund guarantee does not apply to cell phone tickets ($49 Flat Fee).
Claims for Money Back Guarantee Offer:
When making a refund guarantee claim; you must submit a copy of the Notice of Decision, form TR-215, within 30 days of the date on the notice of decision, showing you were found guilty of the violation and/or the violation or the fine was not dismissed. It may take the Company a minimum of 5 business days to process the refund to your credit card.
Cancellation of Service:
If you decide to cancel the service to prepare your documents for trial by written declaration, you must inform the company by email within immediately or within 24 hours and prior to receiving the completed documents from the company. After the Company has prepared and sent you your completed documents for a trial by written declaration if you are unable to or decide not to file the documents prepared by the company for trial by written declaration with the court for any reason, the Company shall not refund the service fee to you.
Contesting California Traffic infraction violation with Trial by Written Declaration – If Client decides to contest a traffic ticket for violation of a traffic infraction with Trial by Written Declaration (aka Trial by Declaration), Client acknowledges and understands that Client is acting in pro per (representing themselves). Client is responsible for all contact with the court including but not limited to, appearing for arraignment (if required), asking for extensions, entering a plea, requesting trial by written declaration or in person trial, paying all traffic fines and/or traffic bails on time, submitting documents to the court and appearing in court. It is the responsibility of Client to keep track of and meet all deadlines. The Client is responsible to submit the trial by written declaration to the court along with the bail amount in full prior to the due date as set forth by the court. We are not responsible for missed deadlines or due dates. The Company is not responsible if the court refuses or rejects the trial by written declaration because of a late submission by you or any other error on your part. You are further responsible for complying with all court rules and regulations in submitting your trial by written declaration. It is your responsibility to ensure the accuracy, correctness, truth of the documents prior to submitting them to the court. If the written statement given to you by the Company is not accurate or needs changes, you must inform the Company. The Company provides revisions of the prepared documents to ensure accuracy. The documents supplied to you by the company are solely for your own personal use in California and not by any other person or commercial use. It is the Client’s responsibility to address the required correction and to submit proof of correction to the court for a Fix It Ticket.
All information requested by Company and provided by Client to Company regarding client’s traffic ticket must be true and accurate. All information requested by Company must be provided by Client immediately after signing up for our service to allow Company to prepare the related documents for the services paid for to Company. Client’s failure to do so will result in Company not being able to complete the service. No refunds will be given in such an event as fees are earned upon receipt. Client agrees to cooperate with Company, keep Company informed of developments relevant to the traffic ticket, and provide updated addresses, telephone numbers, whereabouts and contact information, and to cooperate with requests for information by Company related to the specific traffic ticket.
You acknowledge that you are in full and complete control of all decisions regarding your traffic ticket. You acknowledge and understand that you have the option to plead guilty, pay the fine, request court appearance, request traffic school or request an extension. You agree that the Company has provided you with general information about the trial by written declaration process and there are other options available to you other than the trial by written declaration option to deal with your traffic ticket.
It is the responsibility of the client to determine the bail amount required. Based on our experience and understanding of the general policies and procedures, in California, the traffic Courts require for the full bail amount to be posted with the court at the time of filing the trial by written declaration document with the court to contest a traffic citation for an infraction. In the event that the court finds the defendant not guilty the bail amount will be refunded to the defendant by the court. If you are unable to post the bail at the time of filing the trial by written declaration for any reason, we will not issue a refund of the fees paid to us. You acknowledge and accept that the bail amount must be posted in full with the court if you choose to contest your traffic violation with a trial by written declaration.
Company is NOT a law firm and in no way, shape, or form is an establishment of legal representation. The employees of Company are not attorneys and do not act as customer’s attorney. Company’s service is not a substitute for the advice of an attorney. Company and its employees cannot provide legal advice. Company is not permitted to engage in the practice of law. Company and its employees are prohibited from providing any kind of advice, explanation, recommendation, or opinion to a customer about possible legal rights, remedies, defenses, options, selection of forms or strategies. The use of website is not intended to create an attorney-client relationship, and by using Company’s service, no attorney-client relationship will be created. Instead, you are representing yourself in any legal matter and utilizing Company’s service as self-help. Our contact information is 6520 Platt Avenue, #923, West Hills, CA 91307, 877-814-7542.
“Attorney Approved” means that any documents, forms and written legal defenses the Company uses to prepare your defense package have been reviewed by an attorney. However, the Company does not promise or guarantee that an attorney review your individual defense documents prepared by the Company exclusively for you. The Website is intended to provide visitors with general understanding of the legal process to contest traffic tickets in California. The Company provides documents and written defenses to Clients who have decided to contest their own traffic tickets by trial by written declaration. The Company does not apply the law to the facts of your particular case, draw legal conclusions, give legal advice or review your statements, answers and information for legal sufficiency. The Company and its services any general information provided on the Website are not a substitute for the advice of an attorney. If you need legal advice for a specific, complex, or unique circumstance, you should consult a licensed attorney. The Company tries to maintain its information and legal documents accurate, current, and up-to-date. However, the laws change rapidly, and the Company cannot guarantee that all of the information contained on the Website, given in documents, or verbally is always accurate or current. The law varies between different jurisdictions, and may be interpreted differently as such.
All materials, documents and statements obtained from Company or website are not to be sold, published, reproduced, transmitted, displayed, distributed, copied or licensed. All such items obtained from Company or website is the intellectual property of Company. Copyright infringement is a crime punishable by federal law. Any use commercial or other type of use of services or information offered by Company is strictly prohibited unless authorized by the written consent of Company. Copyrights of all text, content, logo, photographs, website design, graphics, documents and all information are pending a Copyright © 2012, 2FixYourTrafficTicket. ALL RIGHTS RESERVED.
2fixyourtrafficticket.com, 2FixYourTrafficTicket.com, all logos, all images and text, all page headers, custom graphics and button icons and service marks are pending trademarks of Company.
Customer may not engage in any activity for commercial profit or for non-profit in a similar business using any trade secrets such as templates or any material obtained from us. Doing so will violate our trade secrets and may result in a lawsuit filed by Company against potential wrongdoer. Customer accepts and acknowledges that Company has the right and authority to seek equitable relief for damages and the minimum damage to Company for such a violation would be one-million dollars.
Customer agrees that Company, all employees, vendors and sub-contractors are held harmless against any losses, expenses, damages and costs including attorney fees, resulting from any violation of these terms and conditions.
Limitation of Liability:
In no event shall Company, its employees, agents, vendors or contractors be liable for any direct, indirect, incidental, special, punitive, or consequential damage. Company makes no promise or assurance of effectiveness of documents, information or defenses or statements. Company makes no warranties or representations, whether expressed or implied, about the accuracy of defenses, information, or completed documents or merchantability of fitness for, or to, a particular purpose. Company holds no responsibility for potentially negative outcomes of a trial or hearing. Company is not liable for any fines or fees associated with a traffic infraction, including, but not limited to, civil assessment fees, late fees, and court processing fees. Customer agrees that any and all claims against Company shall be limited to the amount paid by customer to Company for service. Company may collect reasonable attorney fees from customer in the event Company prevails in any court or other action.
Accuracy of Information Provided by Customer:
Customer accepts that all documents and statements prepared by Company are prepared “as-is”. Any change, alteration, modification or customization of said documents may or may not be provided for an additional charge. Company is confident that the statements developed for the customer are the most effective given the details provided by Customer. Company holds no responsibility for drafting new documents if the information provided to Company by customer at time of purchase is incorrect, inaccurate, false or incomplete. Company relies on the customer’s provided information to complete documents. All information submitted from customer to Company must be submitted accurately and truthfully. Company is not liable for fraudulent information provided by the customer. You give the Company the permission and the Company may add the following paragraphs to the customer’s statement:
“I believe that I was driving safely and I was following all the rules of the road. I would never intentionally endanger my life or the lives of others. I contend that I was wrongly accused of this violation as I am a law-abiding driver and take all laws very seriously including safety laws. I further maintain that I had every intention to properly follow all the rules of the road and did so during this particular incident.
If however this case is not dismissed, even though I contend that I believe that I am not guilty of this violation, if eligible, I hereby respectfully request permission to attend a court approved traffic violator school. Moreover, in the event I am found guilty of this violation, I hereby request from the court a reduction in the amount of the fine. This request does not supersede my request to dismiss the case.”
Company does not condone violation of traffic laws or irresponsible driving. Company’s website or services are not designed to assist drivers in evading traffic tickets. Customers must make every effort to obey the law, drive safe and responsibly at all times.
It is the customer’s sole responsibility to ensuring that all contact with the court is on time including but not limited to asking for extensions, filing documents, paying fines and appearing in court. A refund will not be granted by Company if the court refuses to accept the trial by written declaration because customer failed to contact the court in a timely manner or the customer failed to appear in court as instructed by the court or for any reason. Company is not liable for any fees or penalties associated with customer not adhering to the Court’s deadlines and due dates. The responsibility to adhere to court-imposed deadlines falls upon the customer. Company is not liable for any failure of customer to respond or submit documents to the court on time. Refunds will not be given for non-adherence of deadlines or if the customer decides not to submit the trial by declaration to the court.
Traffic School eligibility and contesting a ticket are independent and mutually exclusive. While contesting a traffic ticket does not automatically mean that a customer will not be allowed to attend traffic school if found guilty in some jurisdictions a percentage of defendants are denied their requests for traffic school. Customer understands that there exists a chance that traffic school attendance may be denied by contesting a traffic ticket.
Trial De Novo:
Client is responsible to file a request for a new trial (AKA, Trial De Novo) in a timely manner by contacting the court should the client decide to pursue the case beyond the trial by written declaration. Company is not responsible for filing for a Trial De Novo if you are found guilty and wish to pursue this option. There is a twenty (20) day period after the verdict of a trial by written declaration is issued to request a Trial De Novo.
The testimonials provided on the websites or other websites are for informational purposes only. There is no way to guarantee the same outcome in your case. All information and data provided by the website should be viewed on “as- is” basis without warranty of any kind, and that they may be subject to errors or omissions. To the extent permitted by applicable law, the Company disclaims all warranties, including, without limitation, any implied warranties of merchantability, accuracy and fitness for a particular purpose, and non-infringement.
Technological Communication and Waiver:
Communication via advanced technology, including e-mail and analog or digital cellular/wireless/cordless telephones is, generally, convenient. It may also be cost effective. However, Client must assume that Company does not have encryption capabilities with respect to such communications beyond the protections available by the service providers. Company has no control over what occurs with respect to internet service providers, the Internet itself, or wireless communication. Client understands that such communication is subject to being intercepted, misdirected, viewed, heard, or otherwise accessed by unknown sources, either inadvertently or intentionally. As such, Company cannot guarantee the confidentiality or security of such communications between Company and Client. Accordingly, Client acknowledges and accepts the risk of inadvertent disclosure with respect to the content of any such communication between Company and Client. Client authorizes communication via the above-mentioned methods with Company, and accepts all confidentiality risks associated therewith.
Should any part of this Agreement be rendered or declared illegal, legally invalid or unenforceable by a court of competent jurisdiction or by the decision of an authorized governmental agency, such invalidation of such part of this Agreement shall not invalidate the remaining portions thereof.
At the option of Company, any disagreement or controversy arising out of or relating to this Agreement and/or Engagement, including but not limited to any dispute concerning Company’s services, fees or expenses, must be submitted for resolution to arbitration before three arbitrators in accordance with the then prevailing Commercial Rules of the American Arbitration Association. The arbitration shall be held in the location specified by Company. The award rendered in said proceeding shall be made in writing and shall be final and binding upon both parties and judgment upon the award may be entered in any court having jurisdiction thereof. The arbitrators shall award reasonable attorneys’ fees and the costs of the arbitration to the prevailing party, except that the fees and expenses of the arbitrators, if any, shall be borne equally by the parties. At the request of any party, the arbitration will be conducted in secret. The arbitrators shall not have authority to amend, alter, modify, add to or subtract from the provisions of this Agreement. If any party shall deliberately default in appearing before the arbitrators, the arbitrators are empowered, nonetheless, to take the proof of the party or parties appearing and render an award thereon. The arbitrators shall state in writing the reasons for their determination(s).
No Guarantee of Results:
Client acknowledges that Company has made no specific or implied guarantees regarding the outcome of the trial by written declaration. The Company provides documents and written defenses to individuals who choose to use our services to prepare their own legal documents for a trial by written declaration. The Company holds no responsibility for potentially negative outcomes of a trial by written declaration. The Company is not liable for any fines or fees associated with your traffic violations, including, but not limited to, civil assessment fees, late fees, additional fines, and court processing fees. You, not the Company, shall be solely responsible for the consequences resulting from the filing of documents with the court.
This Agreement represents the final and mutual understanding of the parties. It replaces and supersedes any prior agreements or understandings, whether written or oral. Our representatives are instructed to do their best to ensure Client is informed of these Terms & Conditions. However, we cannot guarantee and shall make no promise that any or all of the details contained in these Terms & Conditions are provided to Client verbally by our representatives. It is the Client’s duty to read and understand these Terms & Conditions. If you do not read or you do not understand the Terms & Conditions do not proceed. It is your responsibility to periodically review these Terms. Company reserves the right, at any time, to change the Terms. These terms and conditions apply to all customers, regardless of when services were paid for or rendered. Any use of the Services by you after the Company’s publication of any such changes shall constitute your acceptance of these Terms, as modified. When using the Website and/or our Services, you agree to abide by any applicable policies, guidelines, or contracts, for all of the Company’s Services, which may change from time to time, and to comply with all applicable laws and regulations. Should you object to any of the terms or conditions of these Terms, any guidelines, policies, contracts, any subsequent modifications thereto, or become dissatisfied with the Company or the Website in any way, you should immediately discontinue use of the Website and our Services. By accessing the Website and using our Services in any way, you are agreeing to comply with and be bound by these Terms.
Last Revised June 24, 2016