Terms and Conditions

1. Acceptance of These Terms

Please read these Terms and Conditions (the “Terms”) carefully before using https://www.kuboshdpsrecords.com (the “Site” or “Service”) or purchasing a Texas driver record (a “Driving Record”) through the Service. The Service is operated by Paul A. Kubosh (“Company,” “we,” “us,” or “our”). The person placing an order, together with any affiliate, agent, successor, or assign of that person, is referred to as “Buyer,” “you,” or “your.”

Your access to, browsing of, registration with, or placement of an order through the Service is expressly conditioned on your acceptance of and compliance with these Terms. By accessing the Site, creating an account, or placing an order, you agree to be legally bound by these Terms, the Privacy Policy, and any other policies referenced or linked herein. If you do not agree, you may not access the Site or place an order.

These Terms include a mandatory binding arbitration provision and a class-action waiver. Please review Section 24 carefully. You may opt out of arbitration only as described in that Section.

2. Definitions

• “DPPA” means the federal Driver’s Privacy Protection Act, 18 U.S.C. §§ 2721–2725, as amended.
• “Chapter 730” means the Texas Motor Vehicle Records Disclosure Act, Texas Transportation Code Chapter 730, as amended.
• “Chapter 521” means the Texas Identity Theft Enforcement and Protection Act, Texas Business and Commerce Code Chapter 521, as amended.
• “FCRA” means the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.
• “Personal Information” has the meaning given in 18 U.S.C. § 2725(3) and Tex. Transp. Code § 730.003(6).
• “Sensitive Personal Information” has the meaning given in Tex. Bus. & Com. Code § 521.002(a)(2).
• “Authorized Recipient” has the meaning given in Tex. Transp. Code § 730.003(1-a).
• “Permissible Purpose” means a use of Personal Information from a motor vehicle record that is permitted under 18 U.S.C. § 2721(b) and Tex. Transp. Code §§ 730.005–730.007.

3. Eligibility and Account Registration

To use the Service, you must be at least 18 years old and have the legal capacity to enter into a binding contract. By using the Service, you represent and warrant that you meet these requirements. If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

4. Information Required to Process an Order

To procure a Texas driver record on your behalf, the Company will request information necessary to identify you to Texas DPS, which may include, without limitation: your full legal name, Texas driver license number, audit number, last four digits of SSN, date of birth, license expiration date, shipping address, and e-mail address. You are solely responsible for entering this information accurately and completely. The Company is not responsible for any failure or rejection by Texas DPS resulting from incorrect information you supply.

5. Records Offered

Through the Service, you may request various types of Texas driver records (such as Type 1, Type 2, Type 3, Type 3A, Type AR) subject to availability and your eligibility under Texas DPS rules. Type 4 (School Bus Driver Record) is generally not offered. Pricing and availability are posted on the Site and may change without notice.

6. Permissible Purpose Certification; Customer Representations

READ CAREFULLY. By placing an order, you make the certifications in this Section under penalty of law. Making a false statement to obtain a driver record is a Class A misdemeanor under Tex. Transp. Code § 730.015. Obtaining or disclosing personal information from a motor vehicle record for a use not permitted by the DPPA is a federal offense under 18 U.S.C. § 2722.

By submitting an order, you represent, warrant, and certify, under penalty of law, each of the following:

1. Identity. You are the individual who is the subject of the Driving Record being requested, or you have lawful authority to act on behalf of that individual and have obtained their written consent.
2. Permissible Purpose. Your use of the Driving Record will be strictly limited to a Permissible Purpose under the law.
3. No Sale to Non-Authorized Recipients. You will not sell or transfer the Driving Record to any person who is not an Authorized Recipient.
4. Redisclosure Limits. You will not redisclose the Driving Record except as expressly permitted by law.
5. Recordkeeping. If you redisclose Personal Information, you will maintain records of the recipient and Permissible Purpose for at least five (5) years.
6. FCRA Compliance. If you intend to use the Driving Record for any purpose covered by the FCRA (such as employment screening), you will independently obtain the report from a consumer reporting agency. The Company is not a consumer reporting agency.
7. No Unlawful Use. You will not use the Driving Record for stalking, harassment, identity theft, fraud, or any unlawful purpose.
8. Truthfulness. The information you supply is true, accurate, and complete.

7. Authorization and Consent

By placing an order, you authorize the Company to act as your agent for the limited purpose of submitting your request to Texas DPS and obtaining your Driving Record on your behalf. You consent to the Company’s temporary possession, handling, transmission, and delivery of your Driving Record.

8. Fees and Payment

Fees are posted on the Site. The Company’s service fee is in addition to any state fee charged by Texas DPS. You authorize the Company to charge your designated payment method for the total amount of your order. Payment information is transmitted directly to our secure third-party payment processor.

9. Refund and Cancellation Policy

9.1 Cancellation Before Successful Processing

A full refund will be issued to any Buyer who cancels an order before the fifteenth (15th) day after the order is placed, provided that the Company has not yet successfully processed the Driving Record. An order is “successfully processed” once the Company has e-mailed or mailed the Driving Record. To cancel, send an email to support@kuboshdpsrecords.com with your full name, date placed, cancellation request, and last 4 digits of your card.

9.2 Incorrect Record Type Selected

The Company is not responsible for an incorrect record type selected by the Buyer. No refund will be issued for the wrong record type.

9.3 100% Money-Back Guarantee

If the Company is unable to process and deliver your Driving Record for reasons within the Company’s control, a full refund may be requested within fourteen (14) days after the order is placed.

9.4 Chargebacks

You agree to contact the Company to attempt to resolve any billing dispute before initiating a chargeback with your card issuer. The Company reserves the right to dispute any chargeback and recover costs and attorney's fees.

10. Delivery

Driving Records will be delivered by the method selected at checkout: Electronic Delivery (password-protected PDF), USPS mail, or Next-Day Courier Services (subject to cutoff times and availability). The Company is not responsible for delivery delays once handed over to the courier or postal service.

11. Incorrect Driver License or Address Information

You are solely responsible for the accuracy of information submitted. If Texas DPS rejects your request due to inaccurate information, you may be eligible for a refund only if you request cancellation within 15 days.

12. Restrictions on Use, Redisclosure, and Sale

You agree not to redisclose the Driving Record in an identical format except as permitted by law, not to sell or transfer it to unauthorized recipients, and not to use it to market extended vehicle warranties. You will not aggregate the information for resale, marketing, or solicitation, and will not use the information to stalk, harass, or defraud anyone.

13. Intellectual Property

The Site and its contents are owned by or licensed to the Company and protected by copyright and trademark laws. You are granted a limited license to access and use the Site Content solely for utilizing the Service. “Kubosh DPS Records” is a trademark of the Company.

14. Prohibited Conduct

You agree not to use the Service for any unlawful purpose, impersonate any person, submit false information, access the Site via automated means (bots/scrapers), probe or test vulnerabilities, introduce viruses, reverse engineer the Service, or interfere with the Service's operation.

15. Privacy and Data Breach Notification

Your use of the Service is governed by our Privacy Policy. The Company complies with the breach-notification requirements of Texas law and will notify affected individuals and appropriate authorities in the event of an unauthorized data breach.

16. Disclaimer of Warranties

THE SERVICE, THE SITE, AND ALL DRIVING RECORDS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR THAT RECORDS MAINTAINED BY TEXAS DPS ARE ACCURATE OR COMPLETE.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THE COMPANY’S TOTAL CUMULATIVE LIABILITY WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM, OR (B) $100.00.

18. Indemnification

You agree to indemnify and hold harmless the Company and its officers, employees, and agents from any claims, damages, or expenses arising out of your breach of these Terms, your inaccuracy in provided information, your violation of privacy laws (DPPA, Chapter 730), or your misuse of any Driving Record.

19. Force Majeure

The Company will not be liable for any failure or delay due to causes beyond its reasonable control, including acts of God, terrorism, pandemics, natural disasters, telecommunications failures, or failures of Texas DPS systems.

20. Dispute Resolution; Mandatory Arbitration; Class-Action Waiver

PLEASE READ CAREFULLY. IT REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS.

Any dispute arising out of or relating to these Terms or the Service that is not resolved informally within 30 days will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA). The arbitration will take place in Harris County, Texas. YOU AND THE COMPANY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

You may opt out of this arbitration agreement by sending written notice to support@kuboshdpsrecords.com within thirty (30) days after you first accept these Terms.

21. Governing Law; Venue

These Terms are governed by the laws of the State of Texas and applicable federal law. Courts located in Harris County, Texas have exclusive jurisdiction over any judicial proceeding not subject to arbitration.

22. Contact Information

Questions about these Terms or the Service should be directed to:

Paul A. Kubosh
Kuboshdpsrecords.com
E-mail: support@kuboshdpsrecords.com
Website: https://www.kuboshdpsrecords.com