Terms

BirthCertificateState.com’s Terms of Service Agreement

Last Updated: June 17, 2024

The BirthCertificateState.com website and its associated services (collectively, the “Website”) are provided by Birth Certificate State. Throughout the Website, the terms “we”, “us” and “our” refer to BirthCertificateState.com. BirthCertificateState.com offers this website, including all information, tools, services, and products available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Website, and/or utilizing our services/purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms,” or “Agreement”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read this Agreement carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by this Agreement, and your use of our Website is expressly made conditional upon your acceptance of the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website, purchase products from the Website, or use our Services.

VITAL RECORDS LIKE BIRTH CERTIFICATES ARE LEGAL DOCUMENTS. THE INFORMATION PROVIDED BY THIS WEBSITE DOES NOT CONSTITUTE LEGAL ADVICE AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROPER LEGAL ADVICE PROVIDED BY A QUALIFIED ATTORNEY. BIRTHCERTIFICATESTATE.COM ONLY ASSISTS YOU IN THE FACILITATION OF YOUR REQUEST TO OBTAIN YOUR BIRTH CERTIFICATE. By using this Website, you realize our services are a liaison, filing and research related service. BirthCertificateState.com and its network are not responsible for shipping delays from Fedex, UPS, the United States Postal service, nor are they responsible for any delays in processing from the state department levels. We assume no responsibility for any circumstances arising out of the use, misuse, interpretation, or application of any information supplied on this Website. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE IS SOLELY AT YOUR OWN RISK.

Any new products, and any new web features or tools, which are added to the current Website will also be subject to the Terms in this Agreement. You can review the most current version of this Agreement at any time on this page. We reserve the right to update, change, or replace all or any part of the Terms of this Agreement by posting updates and/or changes to our Website. Upon any update or change to this Agreement, we will provide notice to you via email, if your email address is on file with us. If your email address is not on file with us, or if you have opted out of email communications from us, it is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes your manifestation of assent to and acceptance of those changes.

BirthCertificateState.com hereby incorporates its Privacy Notice as if fully restated herein. You must review BirthCertificateState.com’s Privacy Notice to understand what personal and personally identifiable information BirthCertificateState.com may collect from you when you use the Website and/or purchase products or Services from the Website, and how BirthCertificateState.com may use that personal or personally identifiable information. 

NOTICE OF ARBITRATION. THIS TERMS OF SERVICE AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT APPLIES TO ALL CLAIMS EXCEPT FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT OR THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. EXCEPT AS OTHERWISE STATED UNDER THE TERMS OF THIS AGREEMENT, AND IF YOU DO NOT OPT-OUT OF ARBITRATION AS SET FORTH BELOW, YOU AGREE THAT ANY AND ALL DISPUTES BETWEEN YOU AND BIRTHCERTIFICATESTATE.COM WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

BirthCertificateState.com is not owned, operated or licensed by, nor affiliated with any federal, state, county, or city government, or any agency, department or bureau of any government. BirthCertificateState is a privately owned company that offers expert filing assistance to help you obtain original certified copies of state vital records, which can be requested directly from your state for a lesser cost. Included service fees apply and are in addition to the government’s fee for your vital record.

  1. User Eligibility. The Website is open to use to those who are age eighteen (18) or above. By using the Website and otherwise engaging in our Services, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. You further represent and warrant that by using this Website and its associated Services, you are lawfully eligible to do so according to the laws of your specific state which govern access to vital records. If you use the Website on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement. In order to use our Services you must provide us with accurate and updated information. If you provide us with personal data of third parties, whether these are minors or adults, you confirm that you have informed them about the purposes for which their personal data will be processed and agree that you have obtained their prior and express consent to communicate with us their personal data. If you provide us with the personal data of a minor, you agree that you are the parent and/or legal guardian and consent to the processing of your child’s personal data. Upon filling out a birth certificate application on our website, submitting payment, entering your name and accepting our terms, you hereby warrant that you are eligible under applicable state law to apply for and receive the requested vital record and you grant us actual authority to use your personal information, or the personal information of the requested person, as well as your credit card information to follow through on all courses of action necessary to file the requested vital record with the U.S. Health Department State Office.

  1. Intellectual Property Rights. The Website and its associated trademarks and content are owned and used by BirthCertificateState.com,

Any use of the Website, its associated trademarks, or its content without the prior written approval of BirthCertificateState.com is prohibited. The selection, arrangement, and layout of the Website is the sole and exclusive property of BirthCertificateState.com, and any unauthorized copying, public display, public performance, distribution, or derivation, whether in whole or in part, is expressly prohibited.

  1. Purpose of Website. The purpose of this website is to create an easier and friendlier environment for our customers, where we act as an agent/guide during the application process, not as an appointed representative, to help in the procurement of government documents. Each State has varying laws directing that only certain persons are eligible to apply for and be issued Birth Certificates. By using this website to obtain the requested Birth Certificate, you hereby warrant that you are an eligible individual under applicable state law to apply for and receive the requested Birth Certificate. If you are not the person named on the requested birth record, you hereby agree to provide us with any and all required legal documentation necessary to process your request, including but not limited to written authorization, proof of entitlement, written evidence of guardianship or legal representation, and/or written documentation showing a direct and tangible interest in receiving the requested birth record.

  2. Acceptable Use Policy; Linking to BirthCertificateState.com. When you use the Website, you agree to use it only for its customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by BirthCertificateState.com for such a breach, including, but not limited to, monetary damages, costs, and attorneys’ fees. You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:

  1. Attempting to access the Website other than through a standard web browser unless you have been permitted to do so by BirthCertificateState.com through a separate, written agreement (this restriction does not apply to search engines that comply with BirthCertificateState.com’s robots.txt file);

  2. Accessing or attempting to access the Website through automated means (this restriction does not apply to search engines that comply with BirthCertificateState.com’s robots.txt file);

  3. Circumventing the technological protection measures of the Website;

  4. Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;

  5. Disrupting or otherwise interfering with the Website or its associated servers or networks;

  6. Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Website or its content;

  7. Diverting or attempting to divert customers of the Website to another website or service;

  8. Sending unsolicited or unauthorized communications to users of the Website or third parties;

  9. Transmitting content to the Website that is false, inaccurate, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive, hateful, or otherwise objectionable;

  10. Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Website;

  11. Reverse engineering, decompiling, translating, or disassembling the Website or its content; and

  12. Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.

BirthCertificateState.com reserves the right to modify, amend, or terminate the Website or its associated content at any time and without prior notice. BirthCertificateState.com also reserves the right to refuse service or access to the Website to any person or business entity at any time and without notice.

The following organizations may link to our Web site without prior written approval:

  • Government agencies;

  • Search engines;

  • News organizations;

  • Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and

  • Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

We may consider and approve in our sole discretion other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;

  • dot.com community sites;

  • associations or other groups representing charities, including charity giving sites,

  • online directory distributors;

  • internet portals;

  • accounting, law and consulting firms whose primary clients are businesses; and

  • educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Birth Certificate State; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to support@birthcertificateState.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  • By use of our corporate name; or

  • By use of the uniform resource locator (Web address) being linked to; or

  • By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.

No use of Birth Certificate States logo or other artwork will be allowed for linking absent a trademark license agreement.

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

  1. Pricing and Response Time. When you use our Services, you are agreeing and authorizing us to charge the credit card information provided by you. You acknowledge and agree that we charge a service fee for our Services; other parties in the process (such as the state governmental agencies, shipping firms, etc) may charge a fee directly to your card once we process your order on your behalf. All prices quoted for state agencies and shipping prices are subject to change, and BirthCertificateState.com will not be held liable for changes to these policies at any time. There are times when additional documentation is required by customers of BirthCertificateState.com. We will make all attempts to collect this documentation, and it is the responsibility of our customers to respond to all requests made by us or any third parties related to this transaction. Once your birth certificate request is received by the appropriate vital records office, wait and delivery times may vary depending on the volume of requests at any given time, as well as the state you're requesting from. Average wait and delivery times can range between 2-8 weeks, however, some vital record offices can process sooner while others can take a few months depending on the situation. BirthCertificateState.com has no control over wait and delivery times. State fees or authorized state merchant fees and shipping fees may appear on your credit card as VCN then state name, or as Bureau of Vital Statistics. Online birth certificate processing price will appear on your card as Birth Certificate State. State fees are subject to change and we update these prices as they change from the state to the best of our ability.

  1. Refunds. BirthCertificateState.com is a customer first company. We begin processing and transmitting orders to state agencies immediately upon order submission. Please contact us immediately if you need a refund, and our customer support agents will work directly with you to discuss your individual refund needs. All refunds will be determined on a case by case basis.

  1. Consumer Rights Information. Pursuant to California Civil Code Section 1789.3, if this site charges you for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:

BirthCertificateState.com

7451 Riviera Blvd

Ste 223 #156

Miramar, FL 33023

support@birthcertificatestate.com 

866-515-6877

  1. Ordering and Payment. Payment for all product and service orders placed through the Website must be made at the time of ordering. You understand and agree that the prices quoted on the Website are an invitation to deal and that no contract will be formed between you and BirthCertificateState.com until BirthCertificateState.com accepts your invitation to deal by performance, specifically, by facilitating the order of your vital records. Pricing errors will not constitute a contract between you and BirthCertificateState.com, and BirthCertificateState.com strives to quickly correct any pricing errors on the Website when discovered. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that BirthCertificateState.com is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by BirthCertificateState.com payment processor. You agree that you will not initiate any chargebacks to BirthCertificateState.com unless otherwise authorized by BirthCertificateState.com in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against BirthCertificateState.com.

It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to any item purchased through our Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. 

To provide you with our Services, we may contact you if the U.S. Health Department State Office requires more personal information and/or additional documentation in order to assess your application.

We may communicate your personal data to the following third parties, including but not limited to:

(i) The U.S. Health Department State Office 

(ii) credit and debit card companies to process payments 

(iii) public bodies, judicial and administrative authorities, required in accordance with the applicable law and regulations;

(iv) law firms to respond to claims regarding our services

(v) technology service providers which host our systems

(vi) contractors who help us offer our professional services.

Our contractors who have access to Customers’ personal data have received proper training to secure and protect that data.

You are responsible for taking the necessary precautions to keep your own personal information safe.

  1. Taxes. You agree that You will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with your use of and/or purchase of goods through the Website. BirthCertificateState.com will report as income all payments received from you to BirthCertificateState.com to all proper taxing authorities.

  1. Shipping. BirthCertificateState.com does not ship your vital records; these will be shipped out using third party carriers such as FedEx or USPS. 

  1. Accuracy of Billing and Account Information. BirthCertificateState.com reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel your order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

  1. Third-Party Websites. You acknowledge and agree that the Website may contain links to third-party websites or content that BirthCertificateState.com does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that BirthCertificateState.com will not be responsible for websites not under the ownership or control of BirthCertificateState.com.

  1. Errors and Omissions. Occasionally there may be information on our Website or our packaging that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. BirthCertificateState.com reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

  1. Term and Termination. The terms of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) BirthCertificateState.com terminates your access to the Website; or (ii) you cease using the Website. BirthCertificateState.com reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.

  1. Disclaimer of Warranties and Limitation of Liability. 

  1. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT BIRTHCERTIFICATESTATE.COM WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND IN ACCORDANCE WITH THESE TERMS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF BIRTHCERTIFICATESTATE.COM ARISING OUT OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE ANY PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID BY YOU FOR SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.

  1. THE SERVICES, INCLUDING ALL MATERIALS INCORPORATED THEREIN, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BIRTHCERTIFICATESTATE.COM, AND THEIR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NO STATEMENT OF BIRTHCERTIFICATESTATE.COM OR ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR OTHER THIRD PARTIES, SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.

  1. BIRTHCERTIFICATESTATE.COM WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.

  1. Indemnification. You agree to indemnify, defend, and hold harmless BirthCertificateState.com, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Website, (ii) your purchase of products through the Website; (iii) your use or misuse of products obtained through the Website; (iv) your violation of any term or condition of this Agreement; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international. Your obligation to defend BirthCertificateState.com will not provide you with the ability to control BirthCertificateState.com’s defense, and BirthCertificateState.com reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

  1. Choice of Law and Stipulation to Jurisdiction. 

  1. You and BirthCertificateState.com agree that any dispute arising out of or related to this Agreement or your use of the Website, including, but not limited to, your purchase of goods through the Website, will be governed by the laws of the State of Florida, without regard to its conflict of laws rules. Specifically, the validity, interpretation, and performance of this Agreement will not be governed by the United Nations Convention on the International Sale of Goods. Except for claims that may be brought in small claims court, claims of intellectual property infringement, or claims for injunctive relief by either party, you and BirthCertificateState.com agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement, your use of any products purchased through the Website, or your use of the Website including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of this Agreement, will be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in Broward County, Florida or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by the American Arbitration Association (“AAA”) under the then in force Commercial Arbitration Rules by one arbitrator appointed in accordance with such rules. Such arbitration will be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of the arbitration hereunder, AAA will appoint the arbitrator.

  1. This arbitration will be conducted in the English language. The decision of the arbitrator will be final and binding on the parties and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

  1. ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF THE WEBSITE, OR THE PURCHASE OR USE OF PRODUCTS FROM OR THROUGH THE WEBSITE, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND BIRTHCERTIFICATESTATE.COM EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.

  1. Any claims must be brought within one year of each applicable purchase or will otherwise be barred.

  1. Any claims not subject to arbitration under this Agreement must be brought in Broward County, Florida and will be governed by the laws of the State of Florida without regard to its conflict of laws rules. By using the Website and agreeing to these terms, you waive any argument regarding improper venue. 

  1. Force Majeure. BirthCertificateState.com will not be responsible for any delay or failure in performance of the Website or its associated products arising out of any cause beyond BirthCertificateState.com’s control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, severe weather, or other accidents.

  1. Survivability. The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Website, including, but not limited to, your duty to indemnify and defend BirthCertificateState.com.

  1. Interpretation. This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

  1. Assignment. You are expressly prohibited from assigning your rights and duties under this Agreement. BirthCertificateState.com reserves the right to assign its rights and duties under this Agreement, including in a sale of BirthCertificateState.com or its Website. 

  1. Waiver and Integration. No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.