Terms of Use and Service

Last Updated: November 25, 2018

PLEASE READ THESE TERMS OF USE AND SERVICE CAREFULLY BEFORE USING THIS SITE OR PURCHASING ANY PRODUCT FROM THE SITE.

By using the Delete All My Data LLC website (the “Site”) or any Delete All My Data applications or application plug-ins (“Applications”), you agree to follow and be bound by these Terms of Use and Service (the “Terms of Use and Service”) and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use and Service, the words “you” and “your” refer to each customer, Site visitor, or Application user, “we”, “us” and “our” refer to Delete All My Data LLC and “Services” refers to all services provided by us.

It is your responsibility to review these Terms of Use and Service periodically. If at any time you find these Terms of Use and Service unacceptable or if you do not agree to these Terms of Use and Service, please do not use this Site or any Applications. We may revise these Terms of Use and Service at any time without notice to you. If you have any questions about these Terms of Use and Service, please contact our Customer Care Center.

YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

Please also refer to the Delete All My Data Terms of Service, and Privacy Policy, and any other terms accepted when making your purchase, each of which is incorporated herein by reference.

deleteallmydata.com provides an online portal to give visitors a general understanding of how data brokers buy and sell data and to provide an automated software solution to individuals who choose to prepare their own documents in order to request such brokers to opt you out and delete all your data. Customer need not download or even license Delete All My Data software. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. DELETE ALL MY DATA IS NOT A LAW FIRM and may not perform services performed by an attorney. Delete All My Data, its Services, and its forms or templates are not a substitute for the advice or services of an attorney.

Delete All My Data strives to keep its information and documents accurate, current and up-to-date. However, because the law changes rapidly, Delete All My Data cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information tools like the kind Delete All My Data provides can fit every circumstance. Furthermore, the information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your jurisdiction.

This Site and Applications are not intended to create any attorney-client relationship, and your use of Delete All My Data does not and will not create an attorney-client relationship between you and Delete All My Data. Instead, you are and will be representing yourself in any legal matter you undertake through Delete All My Data’s document service.

Privacy Policy. Delete All My Data respects your privacy and permits you to control the treatment of your personal information. Delete All My Data’s Privacy Policy, which can be found on the Site, is expressly incorporated into this Agreement by reference.

When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify Delete All My Data immediately of any unauthorized use of your account, user name or password. Delete All My Data shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Delete All My Data, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.

In connection with the use of certain Delete All My Data products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant Delete All My Data a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by Delete All My Data at any time by removing your personal information from the applicable service.

If you reside in the European Union, you have the right under the General Data Protection Regulation (GDPR) to request from Delete All My Data access to and rectification or erasure of your personal data, data portability, restriction of processing of your personal data, the right to object to processing of your personal data, and the right to lodge a complaint with a supervisory authority. If you reside outside of the European Union, you may have similar rights under your local laws. To request access to or rectification, portability or erasure of your personal data or to delete your Delete All My Data account, login to your account and appropriately adjust your settings or contact us via the Contact page at deleteallmydata.com. If you live in the European Union and you wish to exercise your right to restriction of processing or your right to object to processing, or if you do not live in the European Union but you believe you have a right to restriction of processing or a right to object to processing under your local laws, contact [insert best contact address or email at company]. Any transfers of personal data by Delete All My Data from the European Economic Area (“EEA”) or Switzerland are done pursuant to European Commission approved Model Contractual Clauses. If you reside in the European Union or other jurisdiction that requires us to obtain your consent to use cookies on our sites, then you will have an opportunity to manage your cookie preferences on the Site; except that certain cookies are required to enable core site functionality, and you cannot choose to disable those cookies. All personal data is collected and controlled by Delete All My Data, LLC located at 320 Broadway, PO BOX 45622, Somerville, MA 02145.

Personal Data Agency and Power of Attorney. I acknowledge that in order for Delete All My Data to effectively provide the Services, specifically to communicate with data brokers and request the deletion and/or disclosure of all personal data being held by such brokers, Delete All My Data requires a limited power of attorney and the express authority to act as my agent in connection with the request, review, deletion and management of my Personal Data (as defined below). Therefore, by placing my order with Delete All My Data, I HEREBY GIVE DELETE ALL MY DATA THE EXPRESS LIMITED POWER OF ATTORNEY AND AUTHORITY TO ACT AS MY AGENT IN CONNECTION WITH THE REQUEST, REVIEW, DELETION AND MANAGEMENT OF ALL INFORMATION THAT IS RELATED OR IDENTIFIABLE TO ME (“PERSONAL DATA”), including but not limited to, any personal identification numbers (e.g. social security and drivers license numbers) or one or more factors specific to my physical, physiological, mental, economic, cultural or social identify (e.g. name, date of birth and biometrics data). This authorization shall be limited to the scope of the Services and shall be terminated without notice upon the termination of this Agreement.

Ownership. This Site and Applications are owned and operated by Delete All My Data LLC All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by Delete All My Data or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by Delete All My Data, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of Delete All My Data’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. Delete All My Data does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Delete All My Data. Any rights not expressly granted herein are reserved by Delete All My Data.

Limited Permission to Download. Delete All My Data hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use and Service. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than Delete All My Data (each a “Third Party Site”). Delete All My Data works with a number of partners and affiliates whose sites are linked with Delete All My Data. Delete All My Data may also provide links to other citations or resources with whom it is not affiliated. Delete All My Data is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Delete All My Data makes no guarantees about the content or quality of the products or services provided by such sites. Delete All My Data is not responsible for webcasting or any other form of transmission received from any Third Party Site. Delete All My Data is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Delete All My Data of the Third Party Site, nor does it imply that Delete All My Data sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Delete All My Data is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

Dispute Resolution; Arbitration; Governing Law. Any disputes arising out of or related to your use of the Site or these Terms of Use and Services shall be governed by the internal laws of the Commonwealth of Massachusetts, without regard to its choice of law rules or conflicts of laws principles. We will make every reasonable effort to resolve any disagreements that you have with Delete All My Data. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against Delete All My Data arising out of, relating to, or connected in any way with these Terms of Use and Service or this Site, shall be resolved exclusively by final and binding arbitration in Boston, MA before one (1) arbitrator. The arbitration shall be administered by the JAMS in accordance with its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. These Terms of Use and Service expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.

Additional Terms. Some Delete All My Data Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and Service and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use and Service will control.

NO WARRANTY. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, DELETE ALL MY DATA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DELETE ALL MY DATA MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS. OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. DELETE ALL MY DATA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT ALL OR A PORTION OF THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU, IN WHOLE OR IN PART. IN SUCH CASES, THE DISCLAIMER WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Internet Delays; Force Majeure. To use Delete All My Data Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain Delete All My Data services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. You understand that Delete All My Data is not responsible for delays, delivery failures, or other damage resulting from such problems. Furthermore, Delete All My Data shall not be considered in breach of or default under these Terms of Use and Service or any contract with me, and shall not be liable to me for any cessation, interruption, or delay in the performance of its obligations hereunder by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a “Force Majeure Event”). If a Force Majeure Event continues for more than 60 days in the aggregate, Delete All My Data may immediately terminate the Services and shall have no liability to me for or as a result of any such termination.

LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD DELETE ALL MY DATA AND ITS MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF DELETE ALL MY DATA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF DELETE ALL MY DATA, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Unsolicited Submissions. Except as may be required in connection with your use of Delete All My Data Services, Delete All My Data does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to Delete All My Data through or in association with this Site shall be considered non-confidential and Delete All My Data’s property. By providing such submissions to Delete All My Data you hereby assign to Delete All My Data, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Delete All My Data shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

Compliance with Intellectual Property Laws. When accessing Delete All My Data or using the Delete All My Data legal document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Delete All My Data user account. Delete All My Data has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of Delete All My Data or of a third party or that violate intellectual property rights generally. Delete All My Data’s policy is to remove such infringing content or materials and investigate such allegations immediately.

Copyright Infringement NOTICE. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above written information must be sent to our Copyright Agent:
Copyright Agent
c/o Delete All My Data LLC
292 Newbury Street, Ste. 332

Inappropriate Content. When accessing the Site, any Applications, or using Delete All My Data’s Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Delete All My Data reserves the right to terminate or delete such material from its servers. Delete All My Data will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use and Service or of any applicable laws.

Compliance with Export Restrictions. You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

Personal Use. The site is made available for your personal use on your own behalf.

Children. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.

Non-English-Speaking Customers. At this time, materials on the Delete All My Data site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English.

Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, Delete All My Data LLC ALL RIGHTS RESERVED.

Trademarks. Delete All My Data, deleteallmydata.com, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Delete All My Data. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Inquiries. BY USING DELETE ALL MY DATA’S SERVICES OR ACCESSING THE DELETE ALL MY DATA SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO DELETE ALL MY DATA VIA THE DELETE ALL MY DATA SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO DELETE ALL MY DATA, AND THAT DELETE ALL MY DATA MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).

Right to Refuse. You acknowledge that Delete All My Data reserves the right to refuse service to anyone and to cancel user access at any time.

Acknowledgement. BY USING DELETE ALL MY DATA’S SERVICES OR ACCESSING THE DELETE ALL MY DATA SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND SERVICE AND AGREE TO BE BOUND BY THEM. Delete All My Data LLC is located at 320 Broadway, PO BOX 45622, Somerville, MA 02145.

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