TicketKick® Terms & Conditions
TicketKick® ("Company","we", or "our"), through our website www.ticketkick.com (the "Website") and our registered Legal Document Assistants, provides: (i) an online portal to give visitors a general understanding of the traffic court process; and (ii) documents and written defenses, that have been approved by an attorney, to the customer so that they may use them in a Trial By Written Declaration (referred to hereafter as the "Service" or "Services"), subject to the following Terms and Conditions (the "Terms"), which may be updated by Company from time to time.
1. YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT MEET THESE REQUIREMENTS OR DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE OR OUR SERVICES.
2. WE ARE NOT ATTORNEYS. The Company and its Legal Document Assistants are not lawyers or attorneys. There is no attorney-client privilege or relationship created by purchases of the Services of the Company. Additionally, the Company is NOT a law firm and neither the Company, nor any of its employees, provide legal services or legal advice. Additionally, the Company is NOT a Government Agency. The Company, nor any of its employees, makes no representations or warranties, express or implied, regarding the legal or other consequences resulting from your use of the Services. 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. You shall be solely responsible for the consequences resulting from submitting documents to a court via the Trial by Written Declaration process. You are solely responsible for meeting any court imposed deadlines. If you have problems or questions which are complex or require legal advice or analysis, please consult a licensed attorney.
3. By accessing the Website and using our Services in any way, you are agreeing to comply with and be bound by these Terms. In addition, 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 Company or the Website in any way, you should immediately discontinue use of the Website and our Services. It is your responsibility to periodically review these Terms. Company reserves the right, at any time, to change the Terms. 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.
5. PRICING AND FEES - Prices posted on the Website represent the fees which are payable to the Company for your use of the Services. Prices are subject to change and you will be notified of, and given, the final price before paying for Services. Flat FeeTM is defined as the majority cost charged per each violation. Individual costs associated with each citation, including but not limited to, shipping, handling, packaging, processing, and filing charges, are not included in the Flat FeeTM cost. Each individual ticket has it's own, independent Flat FeeTM cost. The payment received by the Company is in exchange for the Services provided to you. You are paying only for the services listed in any contract you enter into with the Company and the Company makes no promises to provide any other services. The Company, nor its employees, do not have special influence and cannot obtain special favors from any court or any other governmental agency. Please note that fees paid to the Company are independent from any fine or bail amount that may be charged by the court.
6. BAIL AMOUNT - Customer accepts that the bail amount must be posted when electing to proceed with the trial by written declaration process, in accordance with California Vehicle Code Section 40902(b), to contest a traffic citation. This bail amount will be released back to the customer if the verdict is determined to be "not guilty" or "dismissed". FAILURE TO SUBMIT THE BAIL AMOUNT WITH YOUR DEFENSE PACKAGE OR WHEN REQUESTING A TRIAL BY WRITTEN DECLARATION, OR THE INABILITY TO PAY THE BAIL AMOUNT, WILL NOT BE GROUNDS FOR A REFUND AND MAKES CUSTOMER INELIGBIBLE FOR ANY REFUND.
7. CUSTOMER'S RESPONSIBILITY - Upon your willful consent to utilize or engage the Company's products and/or Services, you assume all responsibility for agreeing to and understanding these terms and conditions. It is also your responsibility to understand the procedures of the Company and the trial by written declaration process. You must submit a clear and legible citation to us and a statement of facts about the violation. Failure to submit a clear and legible copy of your citation and a statement of facts about the violation will result in a delay in receiving a defense statement and will not be grounds for a refund. You also acknowledge that the Company does not submit documents to the courthouse on your behalf. YOU ALSO ACKNOWLEDGE AND AGREE THAT ANY DOCUMENTS PROVIDED TO YOU ARE SOLELY FOR YOUR PERSONAL USE WITH CALIFORNIA COURTS AND ARE NOT TO BE USED IN ANY OTHER STATE OR BY ANY OTHER PERSON. IT IS YOUR RESPONSIBILITY TO ENSURE THAT ALL DOCUMENTS SUBMITTED TO THE COURTS ARE ACCURATE AND SUBMITTED ON TIME. WE ARE NOT RESPONSIBLE FOR MISSED DEADLINES OR DUE DATES. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU TURN EVERYTHING IN ON TIME, APPEAR AT COURT DATES AS NEEDED, OR ANSWER ANY SUMMONS BY THE COURT. WE ARE NOT YOUR LAWYERS AND WILL NOT APPEAR ON YOUR BEHALF OR ENSURE THAT YOU ARE MEETING ALL YOUR DEADLINES. If you do not receive Services from us in time to meet your deadlines, it is still your responsibility to find a way to meet your deadlines without our Services. A refund will not be granted by the Company if the court refuses the trial by written declaration because of a late submission by you, nor will it be granted for your non-adherence of deadlines. Additionally, you acknowledge that you are in full and complete control of all decisions. Note that substantial changes to the defense documents provided to you may void the Partial Flat Fee refund. You will be notified if any change will affect your refund eligibility. Additionally, know that you have the option to plead guilty, pay the fine, request a court appearance, or request an extension. In no way are we representing that the trial by written declaration option is the only option available for the you. Rather, the Company has provided widely available information regarding the trial by written declaration process to you. You ultimately decide whether to use the trial by written declaration process. Additionally, you agree, under penalty of perjury, that all provided information is true and correct. You accept all civil liability and responsibility for fraudulent or misleading information reported or supplied to the Company or the California Court system.
8. THE COMPANY'S RESPONSIBILITIES - The responsibilities of the Company towards you are to provide you with all the necessary documents, forms, and statements for a trial by written declaration, within a timely matter, once Services have been purchased. The Company is not responsible for making court appearances or submitting documents to the court on your behalf. The Company prepares documents according to the information you have provided us and relies exclusively on this information. Additionally, the Company is responsible for typing or completing documents according to your direction. Note that substantial changes to the defense documents provided to you may void your refund eligibility. You will be notified if any change will affect your refund eligibility. You accept that the information you have submitted may be used in document preparation. Should you wish to change the information provided to us, or if incorrect information was provided to the Company, you may be charged additional fees for alterations to finish any documents prepared for you. The Company holds no responsibility for drafting new documents if the information provided to the Company by you at time of purchase is incorrect, inaccurate, or false. The Company is not liable for fraudulent information provided by you. If information provided to us by you is found to be false, no Partial Flat Fee Refund will be issued.
9. DISMISSAL RATE - The Company determines customer dismissal rate based on a semiannual audit of the refund requests that it receives. This dismissal rate is in no way binding, nor intended to be misleading. The Company makes an effort to provide customers with the most recent and accurate dismissal rate of it's customers.
10. TRAFFIC SCHOOL - Traffic School eligibility and contesting a traffic citation are independent and mutually exclusive. While contesting a citation does not automatically mean that you will not be allowed to attend traffic school if found guilty, a small percentage of our customers are denied their requests for traffic school. You understand that there exists a small chance that traffic school attendance may be denied by contesting a traffic citation. All customers who select to attend traffic school should their case be found guilty will have a request for traffic school incorporated into their defense. A request for traffic school does not guarantee entry and is only available to those who meet the eligibility criteria, as outlined in the California Vehicle Code. The Company makes no promises for entrance into traffic school, and can only request traffic school at your specific direction. The Company may recommend a specific traffic school to a customer, but it is ultimately your responsibility to determine if the courthouse will accept any traffic school that the customer attends.
11. TRIAL DE NOVO - The Company is not responsible for filing for a Trial De Novo if you are found guilty and wish to pursue this option. It is your responsibility to pursue this option if you wish. You understand that there is a twenty (20) day window after the verdict of a trial by written declaration is issued to request a Trial De Novo. Should you schedule a Trial De Novo, the Company may offer Services for the court appearance at an additional charge.
12. NON-SERVICEABLE VIOLATIONS - The Company provides no services for "secondary offenses", such as "No Proof Of Insurance", "No Proof of License", "Broken Taillight", "No Front License Plate", etc. These are commonly referred to as "fix-it-tickets" and proof of correction must be submitted to the court not to TicketKick. By accepting our services, you acknowledge that it is your responsibility to address these charges on your own and submit proof of correction to the court.
13. ACCESS AND USE - Company grants you a limited, revocable, nonexclusive, non- transferable license to access the Website and utilize the Service for your own personal use of the Service only, and not to download or modify it, or any portion thereof. You agree that no object, text, information, or logo, from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the Company's written permission. Violation of these Terms shall result in the automatic termination, without notice to you, of your license to access the Website and utilize the Service, and also may constitute the infringement of the Company's copyright, trademark and/or other rights. You shall not attempt to access any other of the Company's systems, programs or data that are not made available for public use.
14. CANCELLATION POLICY - There shall be no cancellation of service once Customer has entered information into our system and activated an account by making payment for TicketKick.com fees, as Customer's account had been set up and services have commenced.
15.PARTIAL FLAT FEE REFUND - TicketKick offers a partial refund of the Flat Fee only (subject to all our terms and conditions), less our administrative fee ($50 for cell phone tickets, $150 for red light camera tickets, and $120 for all other tickets) and any amount your fine is reduced by the court only if: (1) the original violation is not dismissed by the courts, and/or (2) the ticket is not reduced to be a zero point violation (example ticket changed to VC-21710 "coasting"). (For example, if a customer gets $100 reduced from their red light camera fine amount, TicketKick would refund the Flat Fee to customer less the administrative fee and less the bail reduction of $100.) In the event the customer purchases Services for multiple violations under one ticket and multiple Flat Fee amounts are paid, all refund claims must be made against the lesser Flat Fee amount. Additionally, the lesser Flat Fee amount must be exhausted before a refund claim can be made against the greater Flat Fee amount.
A. ANY DELIVERY AND/OR RUSH FEES ARE NON-REFUNDABLE.AMENDING DOCUMENTS AND DEFENSES WITHOUT THE CONSENT OF THE COMPANY, FAILURE TO USE OUR DOCUMENTS IN THE TRIAL BY DECLARATION PROCESS, OR FAILURE TO PROCEED WITH THE TRIAL BY WRITTEN DECLARATION PROCESS, WILL VOID THE PARTIAL FLAT FEE REFUND.
16.TICKETS NOT ELIGIBLE FOR PARTIAL FLAT FEE REFUND -
A) If your ticket requires a Mandatory Court Appearance or or you are required to appear in court because you have scheduled a Court Appearance, TicketKick.com can prepare a letter for you to request the court to waive your required appearance and allow you to file a Trial by Written Declaration; however you will not qualify for our Partial Flat Fee Refund. In the event you still have to appear in court, you will be able to use the Trial by Declaration TicketKick.com prepares for you to help you prepare for your appearance.
B) If you have already paid your bail directly to the court without requesting a Trial By Declaration and/or the court has otherwise closed your case because you did not request a Trial by Written Declaration from the court when paying your bail, TicketKick.com can prepare a letter for you to request the court to reopen your case and file a Trial By Written Declaration, however you will not qualify for our Partial Flat Fee Refund.
C) If you have already paid your bail directly to the court without requesting a Trial By Written Declaration and the court has otherwise set a court date requiring you to appear because you did not request a Trial by Declaration from the court when paying your bail, TicketKick.com can prepare a letter for you to request the court to allow you to file a Trial By Written Declaration and apply your bail payment to your Trial by Written Declaration, however you will not qualify for our Partial Flat Fee Refund.
D) If you do not follow the court requirements for filing a Trial by Written Declaration, including posting bail, and/or request TicketKick.com to prepare a letter for you to request the court to waive your bail, however you will not qualify for our Partial Flat Fee Refund.
17. PARTIAL FLAT FEE REFUND CLAIMS - You are required to submit the court "Notice of Decision" (showing you were found guilty) to TicketKick.com at the time you make a refund claim. Refund claims must be made within 14 days from the date on which the "Notice of Decision" finding you guilty was made by the court. Any refund requests submitted after 14 days are ineligible for a refund. You must not be in any violation of any of the TicketKick.com Terms and Conditions to be eligible for a refund. Refund eligibility period expires 1 year after purchase of TicketKick.com Services. Any refund due will be sent in the form of a check after receipt and processing of refund paperwork by the Company.
18. THIRD PARTY SITES - The Website may contain links to other websites, which are completely independent of this Website and are provided to you only as a convenience. The Company makes no representation or warranty as to the accuracy, completeness, safety, or authenticity of the information contained in the third party site, or the products or services provided or sold by, any such site. Your accessing any third party websites is at your own risk and you acknowledge that you bear all risks associated with access to and use of content provided on such a third party website, and agree that the Company is not responsible for any loss or damage of any sort you may incur from dealing with such a third party.
19. ATTORNEY APPROVED - Any general written defenses, forms, and/or documents that the Company uses to create the defense packages that are supplied to you have been reviewed by an attorney. The Company advertises this practice as "Attorney Approved." The Company does not however warrant that an attorney reviews your individual defense that Company prepares for you exclusively. The Company provides an online portal to give visitors a general understanding of the legal process, as well as to provide documents and written defenses to individuals who choose to utilize our services to prepare their own legal documents for a trial by written declaration. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation. The Company and its services are not a substitute for the advice of an attorney. The Company strives to keep it's legal documents accurate, current, and up-to-date. However, the laws change rapidly, and the Company cannot guarantee that all of the information contained in the website, given in documents, or verbally is always current. The law varies between different jurisdictions, and may be interpreted differently as such. If legal advice for a specific, complex, or unique circumstance is needed, customer should consult a licensed attorney.
20. LIMITATIONS OF SERVICE - You acknowledge that the Company may establish limits concerning use of the Service and reserves the right to modify or discontinue the Service (or any part thereof) at any time, with or without notice, including but not limited to the Website's content, functionality, hours of availability, or its pricing. Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
21. SPECIAL OFFERS - From time to time, the Company may promote a "special offer" on its website, via email, or any other media or place of its choice. If there is a conflict between these Terms and any terms and conditions or refund policies that are exclusively written for and included with that "special offer", the latter shall be controlling. Discounts are generally applied to the Flat FeeTM cost, but may be applied to other fees or costs. If a discount is applied to the Flat FeeTM cost, the customer may not be eligible for a refund greater than the discounted amount.
22. DISCLAIMER OF WARRANTIES - The Company, through the Company's Website and the Legal Document Assistants, as part of our Services, provides an online portal to give visitors a general understanding of the legal process, as well as to provide documents and written defenses to individuals who choose to utilize our services to prepare their own legal documents for a trial by written declaration. The Company makes no promise or assurance of effectiveness of documents or statements, but will give a partial refund of the cost of the Flat FeeTM customer paid less our administrative fee and any amount the fine was reduced by the court, subject to the terms listed in these Terms if the customer is found guilty on the Trial by Written Declaration. The Company makes no warranties or representations, whether expressed or implied, about the accuracy of completed documents or merchantability of fitness for, or to, a particular purpose. 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 infraction(s), including, but not limited to, civil assessment fees, late fees, additional fines, and court processing fees. The Company is not a law firm and neither the Company, nor any of its employees, provide legal services or legal advice. Further, no representations or warranties, express or implied, are given regarding the legal or other consequences resulting from the use of our Services. The Company shall not be responsible for verifying whether any information provided to the Company by you is true or accurate. You, not the Company, shall be solely responsible for the consequences resulting from the filing of documents with the court. The Company is not responsible for any stolen, lost, or damaged documents, that are provided to the Company. It is best to provide the Company with copies to avoid any loss.
23. ALTERATION OF STATEMENT - It is the legal responsibility of the customer to ensure that any documentation submitted to the courts is true, correct, and accurate. If the written statement given to you by the Company is not accurate or needs changes, customer must inform the Company. The Company provides unlimited revisions of written defenses with it's service to ensure accuracy. Any substantial alteration of the written defense statement without the Company's knowledge or consent may void the Company's Partial Flat Fee Refund.
24. LIMITATIONS OF LIABILITY - UNDER NO CIRCUMSTANCES SHALL THE COMPANY, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED THROUGH ANY THIRD PARTIES WITH WHICH THE CLIENT MAY DEAL. THESE LIMITATIONS SHALL APPLY TO THEÃ‚Â FULLEST EXTENT PERMITTED BY LAW. COMPANY'S LIABILITY SHALL BE LIMITED TO AMOUNTS PAID TO THE COMPANY.
25. MERGER CLAUSE - Outside of the 'Legal Document Assistant Contract for Self-Help Services', you agree that these Terms constitute the entire agreement between you and the Company and govern your use of the Website and the Services, superseding any prior agreements between you and Company. The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that the Company may have under trade secret, copyright, patent or other laws. The employees of Company are not authorized to make modifications to the Terms, or to make any additional representations, commitments, or warranties binding on the Company, except in a writing signed by an authorized officer of the Company.
26. INTENT OF PARTIES - If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website, the Services, or the Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree that the Terms shall not be construed against the drafting party, i.e., the Company.
27. COMPLAINTS - Please contact us with any complaints you may have at firstname.lastname@example.org. You may contact local law enforcement, a district attorney, or a legal aid foundation if you believe that you have been a victim of fraud, the unauthorized practice of law, or any other injury.
28. CONTACT INFORMATION - You can contact our customer service department by email at email@example.com. Our corporate headquarters are located at 5716 Corsa Avenue, Suite 112, Westlake Village, CA 91362. OWNERSHIP The Company is owned and operated by Auto Services Direct, Inc. A fictitious business name statement has been filed with Ventura County.
A. WEBSITE - The Website is owned and operated by the Company. All right, title, and interest in and to the materials provided on this Website (excluding any Government forms and documents), including but not limited to information, documents, logos, graphics, sounds, and images (the "Materials") are owned either by the Company or by third party authors, developers, or vendors that have licensed the Materials to the Company ("Third Party Providers"). Except as otherwise expressly provided by the Company, none of the Materials may be copied, republished, reproduced, uploaded, downloaded, displayed, posted, distributed, or transmitted, in any way, including, without limitation, on any other website or in a networked computer environment, and nothing on this Website shall be construed to confer any license under any of the Company's intellectual property rights, whether by implication, estoppel, or otherwise.
B. COPYRIGHTS - All Website design, text, graphics, and the selection and arrangement thereof, are owned by the Company. Copyright 2012 TicketKick. ALL RIGHTS RESERVED.
C. TRADEMARKS - "TicketKick", the Company's logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of TicketKick.
29. MISCELLANEOUS - The Company does not condone reckless or irresponsible driving. Our service is not designed to aid drivers in evading tickets. Please remember to drive safe and responsibly at all times. 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. Refusal of service may be based on discrepancies between the person identified on the ticket and the name of the person paying for services. The Company is registered and bonded in accordance with Business and Professions Code 6400. The Company is registered as Legal Document Assistant #86 in Ventura County.
30. TERMINATION OF SERVICE - You agree that the Company, in its sole discretion, has the right to block your email or IP address, or otherwise terminate your access to or use of the Website and/or Services immediately and without notice, for any reason, including, without limitation, if the Company believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that the Company shall not be liable to you or any third party for any termination of your access to the Website. Further, you agree not to attempt to use the Website after said termination.
31. AGREEMENTS AND ACKNOWLEDGEMENTS - By using the Website to assist you in your self-representation, you agree to the following:
a. I am representing myself in this legal matter;
b. No attorney-client privilege or relationship is created with the Company;
c. I have been informed of the services that the Company is performing and/or providing, and the cost of these services;
d. No governmental entity or authority has evaluated or approved Company's knowledge or experience, or the quality of Company's services; and
e. I understand that I am pleading not guilty to proceed with the trial by written declaration process.
A. Further, you acknowledge: -
i. The Company does not and 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.
ii. The Terms and the relationship between you and Company shall be governed by the laws of the State of California without regard to any conflicts of laws principles. Client agrees that regardless of where the client resides or where the client's browser is physically located, the client's use of the Company or its services occurs solely within the County of Ventura, in the State of California, and that all Services shall be deemed to have been provided from, and performed wholly within, Ventura, California, as if the client had physically traveled there to obtain such service. The client agrees that California law shall govern any disputes arising from the client's use of the Company's Services. Additionally, you agree that all actions or proceedings arising in connection with your use of the Website and the Terms shall be tried and litigated exclusively in the State and Federal courts located in the County of Ventura, State of California. The aforementioned choice of venue is intended to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between you and the Company, in any jurisdiction other than that specified in this paragraph.
iii. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Ventura. Ventura County and the State of California shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to your use of the Website or these Terms.
iv. You hereby authorize and accept service of process sufficient for personal jurisdiction in any action against you as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid.
v. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. In addition, in the event of a suit for damages arising from this contract, or to enforce any of its provisions, the court may award reasonable attorneys fees and costs of the suit to the prevailing party. This provision will not be construed as a waiver of the rights which the Company may have for damages under these Terms or otherwise, and all of the Company's rights and remedies will be unrestricted and reserved.
These terms and conditions were last revised on October 03, 2012.