Updated Date: June 15, 2018
Here at XOATICKETS, we beat tickets for less, and we keep things simple.
That goes for our Terms of Service too, so we’ve aimed to break down everything you need to know, before you “XOATICKETS,” in simple terms that make sense.
If you’ve got questions about our Terms of Service, or don’t agree with what you see here, then hold off on XOATICKETS for now. You can get answers by dropping an email to XOATICKETS@gmail.com.
This Agreement is Between You and XOATICKETS:
These Terms of Service are an agreement between you and XOATICKETS.com (“XOATICKETS,” or “we,” or “us,” or “our” in this agreement) and applies to the products and services of XOATICKETS.com on all platforms and mediums (including the website XOATICKETS.com, our mobile website, apps, emails, and documents generated using XOATICKETS). By using XOATICKETS, you consent to our terms.
By using the XOATICKETS service, you acknowledge that:
- you have read and agreed to this agreement; and,
- that you are of age (at least 18) and legal capacity to enter into this agreement.
Anywhere in this agreement where we refer to your use of XOATICKETS or XOATICKETS’s service, we mean to include:
- documents or forms generated through XOATICKETS;
- the emails XOATICKETS sends out; and,
- content and functionality of any of XOATICKETS’S websites or applications.
Keep in mind, we plan on updating this agreement every-so-often, so please keep checking back.
XOATICKETS is a Legal Document Assistant, not a Law Firm:
XOATICKETS is a do-it-yourself tool, created by our team of attorneys, designers, and engineers, designed to help you create and receive a “Trial by Written Declaration- defense package” (“the document,” or “legal document,” or “documents,” in this agreement), which includes:
- a written defense statement;
- a Trial by Written Declaration (TR-205) form; and,
- instructions for your use in contesting a California traffic infraction ticket through a Trial by Written Declaration.
The XOATICKETS service uses document templates or forms which have been approved by licensed attorneys; but, XOATICKETS is not a law firm, does not practice law, and does not give legal advice. Therefore, we:
- don’t act as your attorneys;
- are not a substitute for an attorney’s advice;
- don’t have an attorney-client relationship with you; and,
We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your answers on the online questionnaire, or apply the law to the facts of your situation.
In any action you take through XOATICKETS’S services, you are representing yourself (e.g. you are a “defendant in pro per”), and it is your responsibility to meet any court deadlines (including submitting your documents to the court on time, posting bail on time, and complying with any court order or requirement relating to your ticket).
It is your responsibility to mail your completed Trial by Written Declaration documents to court along with your bail check in the amount specified by your court. The court must receive this no later than your due date. It is recommended that you send your documents along with your bail check by certified mail not later than 5 days prior to your due date.
State Specific Legal Notices:
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210. You may also feel free to contact XOATICKETS@gmail.com regarding any aspect of service relating to this site.
Upon your request, you may have this agreement sent to you by e-mail.
Notice to Consumer:
You may obtain information regarding free or low-cost representation through a local bar association or legal aid foundation and 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. The county clerk has not evaluated or approved our knowledge or experience, or the quality of our services.
We are not an attorney. We cannot perform the legal services that an attorney performs. We cannot engage in the practice of law. This includes providing any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms, or strategies.
You have the right to cancel within 24 hours of purchasing our Service. If you cancel the Service, we must refund any fees which you have paid, except for we may keep fees for services which have actually, necessarily and reasonably been performed on your behalf during the 24-hour period.
Pursuant to California Business and Professions Code Section 6410.5 you are hereby notified of the following:
- XOATICKETS.COM is not an attorney.
- XOATICKETS.COM is not a law firm.
- XOATICKETS.COM cannot represent you in court.
- XOATICKETS.COM cannot advise you about your legal rights or the law.
- XOATICKETS.COM cannot select legal forms for you.
You understand that the document you create (through providing a copy of your driver’s license, ticket, and answering series of questions in an online questionnaire) cannot be amended by XOATICKETS after the document has been created and sent to you, so you must provide correct information when creating the document.
Since we do not provide opinions about your answers on the online questionnaire or apply the law to the facts of your situation, it is your responsibility to ensure any documentation you submit to court is true, correct, and accurate.
The completed document you purchase from XOATICKETS is submitted to you electronically – you will receive a soft copy, unprinted digital document file (PDF).
If you choose to modify the document, you must do so on your own. XOATICKETS cannot give any opinions or recommendations about any modifications you request.
XOATICKETS Content is Subject to Change and Not Guaranteed.
We are constantly striving to keep XOATICKETS’S documents and content accurate and up-to-date; however, the laws change periodically, and we cannot guarantee that all of the information contained in the XOATICKETS service, is always current.
The law varies between different jurisdictions and may be interpreted differently as such by the various courts and judges. If legal advice for a specific, complex, or unique circumstance is needed, you should consult a licensed attorney. We do not guarantee that our products and services are appropriate for your jurisdiction; and, no Governmental entity has evaluated our knowledge or experience, or the quality of our service.
XOATICKETS is Only Intended for Certain California Traffic Tickets:
XOATICKETS’S service is intended for use in contesting a current California traffic infraction ticket. The XOATICKETS service is not for you, if your ticket:
- is past due ticket (or has a failure to appear);
- has a mandatory appearance;
- is a misdemeanor;
- is a parking ticket;
- is not filed with a California Superior Court;
- is not issued in your name; or,
- if you can’t post bail for your ticket (bail is a court requirement and you must contact the court where your ticket is filed for the required amount).
Your Options if you are Found Guilty after a Trial by Written Declaration:
If you are found guilty by the court after completing the Trial by Written Declaration process, the court allows you to request a Trial Do Novo (a New Trial) within 20 days of being found guilty.
Through XOATICKETS you can opt to purchase a completed set of documents for use in requesting the New Trial (TR-220) to contest the ticket a second time.
If you wish to attend traffic school after being found guilty, in lieu of contesting the ticket again in a Trial De Novo, contact the court regarding eligibility. Through XOATICKETS you can opt purchase a completed document for use in requesting Traffic School.
XOATICKETS does not guarantee that your ticket will be dismissed by using the XOATICKETS service, because, ultimately the decision is that of the particular judge reviewing your case, not XOATICKETS. Therefore, the fees you pay to XOATICKETS to get documents are nonrefundable regardless of the outcome of your case.
Third Party Sites:
In the course of the XOATICKETS service, you may come across links to other websites, which are completely independent of XOATICKETS, and are provided to you only as a convenience.
When you access third-party sites, it is at your own risk. We can make no representation or warranty as to the accuracy, completeness, safety, or authenticity of the information contained a third-party site, or the products or services provided or sold by, any such site.
XOATICKETS Retains All Rights in its Services:
XOATICKETS retains all right, title and interest in and to its services, including, without limitation: software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights.
Except as otherwise provided in this agreement, you may not, and may not permit others to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and services; (b) sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or (c) circumvent or disable any security or technological features of our products and services.
XOATICKETS Grants You a Limited License:
Subject to your compliance with this agreement, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use XOATICKETS’S services as we intend for them to be used. As a registered XOATICKETS user, you are licensed to keep, for your own personal records, electronic or physical copies of documents you have created on XOATICKETS. You may not copy the content of XOATICKETS’S forms or documents for use or sale outside of XOATICKETS. The documents are only intended to be used for you to mail to the court to contest your California traffic ticket.
In using XOATICKETS or any of its products and services, you agree not to:
- Intentionally or unintentionally violate any law, statute, ordinance or regulation, or use XOATICKETS in a way that facilitates any such violation.
- Disrupt or interfere with any other user’s use or enjoyment of XOATICKETS.
- Upload or otherwise transmit through the XOATICKETS any virus or other harmful, disruptive, or destructive file or code.
- Create a false identity, represent yourself as someone else, or sign an agreement as someone else or on behalf of someone else.
- Use or attempt to use another’s account, password, services, or systems.
- Attempt to transmit any content that you are not authorized to transmit.
- Disrupt or interfere with the security of, or otherwise cause harm to, XOATICKETS, its products and services, system resources, accounts, passwords, servers, or networks connected to or accessible through XOATICKETS.
Copyrights, Trademarks and Intellectual Property:
Except as expressly set forth in these Terms of Service, all material on this site, including, but not limited to images, illustrations and audio/video clips, is protected by patents, copyrights, trademarks, and other intellectual property rights, which are owned and controlled by XOATICKETS; XOATICKETS and its Licensors own, control and reserve and shall retain all right, title and interest in and to these intellectual property rights on the Site. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”).
Except as expressly set forth in these Terms of Service, All of the Content on the Site and contained in the Services is provided AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners, except as permitted through XOATICKETS’S Site and under these Terms of Service.
Notwithstanding the foregoing, you retain ownership of any User Submissions, but by posting them to the Site, grant XOATICKETS an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, assignable and the right to sublicense, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights. If you have any rights to the User Submissions that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights.
No Incorporating Our Service:
Including our service within any third-party service is not permitted without our prior written consent.
XOATICKETS reserves the right, in its sole discretion, to terminate your access to any of our services at any time, without notice.
By emailing XOATICKETS@gmail.com, you may provide your feedback, suggestions, and ideas on XOATICKETS’S services. You grant us the irrevocable right to use your feedback and incorporate your suggestions into our services without any obligation to provide attribution or compensation to you or any third party.
Because XOATICKETS is a do-it-yourself tool, the accuracy and sufficiency of documents produced using XOATICKETS ultimately depends on user input, which input XOATICKETS does not review. Moreover, the law is a personal matter, and no general tool like XOATICKETS is appropriate in every circumstance. Therefore, we don’t make any claims about quality, accuracy, legal sufficiency, legal enforceability, or appropriateness of XOATICKETS for your needs. If you require legal advice or help on your specific situation, you should consult a licensed attorney in your area.
XOATICKETS service is offered as-is and as-available. XOATICKETS disclaims all warranties of any kind, express or implied, including those of merchantability, fitness for a particular purpose, and non-infringement.
XOATICKETS disclaims liability for any loss, injury, claim or damage related to your use of its products and services, including without limitation, those resulting from errors or omissions, a site or application being down, or data loss. XOATICKETS will not be liable to you for any indirect, incidental, consequential, reliance or special damages, including without limitation damages arising from any court action or legal dispute.
You agree to indemnify and hold harmless XOATICKETS and its officers, agents, employees, representatives, and assigns from any costs, damages, expenses, and liability caused by your use of any of XOATICKETS’S products and services, your violation of these Terms of Service, or your violation of any rights of a third party through use of XOATICKETS or its content.
Modification of These Terms of Service:
We reserve the right to modify these Terms of Service. You agree that your use of XOATICKETS service after a modification will be treated as acceptance of the modified Terms of Service.
Venue in Case of Dispute Between You and XOATICKETS:
You agree that any disputes arising over your use of XOATICKETS will be governed by the laws of the state of California, that California courts will have exclusive jurisdiction over any such disputes, and that in accordance with state law the county in which the client has his or her primary residence will serve as the venue.
The headings of sections in this agreement are for convenience only and are not intended to affect the meaning of the agreement.
The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
This is the whole shebang, the entire agreement between you and XOATICKETS, with respect to your use of the XOATICKETS service. We reserve any rights not expressly granted here.
By selecting “Yes and Continue” I certify that I understand and agree to all of the XOATICKETS.com terms of service.
By selecting “Yes and Continue” I certify that I understand and agree that XOATICKETS completes my Trial by Written Declaration and defense documents for me based on how I answer your questions. It is then my responsibility to print, sign, and mail all documents to the court with the court required bail check prior to the due date in order to contest my traffic ticket.
By selecting “Yes and Continue” I certify that XOATICKETS is providing me self-help legal document assistant services at my specific direction and is not an attorney.