UPDATED: June 15, 2022

TRX operates this website, https://trxchange.com.ⁱ By using this website (the “Site”) or any services provided through this Site, You (“You,” “Your,” or “User”) agree to the following terms and conditions provided by American Platform Services LLC d.b.a. TheRecordXchange (“TRX,” “Us,” “Our,” or “We”). This Agreement between Us and User is comprised of this document and Our Privacy Policy, and supersedes all previous written and oral agreements, representations, and warranties. If You do not wish to agree to these terms of service (the “TOS” or “Agreement”), please refrain from using the Site.

The purpose of this Site is to facilitate the distribution of audio and video recordings from court and hearing room proceedings. Our Users are courts and government agencies who need to provide access to recordings to attorneys, the public, and/or transcription agencies. TRX facilitates the request for such recordings, conversion of the media files, and delivery of the digital recordings created by courts and administrative agencies.

We offer a variety of services options to suit Your needs. We reserve the right to change Our offerings at any time. Our services may be limited to Users who purchase a subscription. A User may limit who may access its recordings, whether the recordings will be available for download or streaming only, and whether third parties must agree to a separate terms of use created by You prior to accessing the digital recordings.

Our offerings may allow for one account to be used to manage projects and work assignments for multiple people with one “administrator” and multiple “associates” affiliated with one TRX User account. Our services may allow the User to run various reports for management and financial tracking.

Any required payments for Users requesting content are made through Braintree. By signing up for a TRX subscription or submitting payment through Our Site, You agree to abide by this website’s terms as well. We will never have access to Your credit card information.

User Conduct

All Users are required to abide by the following rules of conduct:

• You must provide accurate information on Your User account or otherwise as required on this Site.
• You are responsible for protecting Your password to login to this Site. Do not share Your password with others.
• You may use this Site to interact with other Users, but TRX should only be used for professional purposes or for access to judicial or administrative content.
• You may not upload content into the content area that is not purposed for the production of transcript or distribution of recordings related to the specific legal project. You may not use TRX as simply a file sharing or storage service. We reserve the right to terminate the account of any User who uses this Site to upload files for any purpose other than for the production of legal transcripts or distribution of recordings related to the specific legal project.
• You may not post messages to solicit business except as related to using TRX to collaborate with other Users and to foster professional relationships with other Users to perform functions consistent with the purpose of TRX as defined above.
• You may not use this Site to abuse, harass, or defame anyone.
• You may not use this Site to do anything unlawful, misleading, malicious, or discriminatory.
• You may not post spam or upload viruses or other malicious code. You may not do anything that is designed to disable, overburden, or interfere with the normal working of the Site.
• You may not use this Site to violate anyone’s intellectual property rights.
• This Site is only to be used to distribute audio and video recordings and transcript of legal proceedings. You may not use this Site to promote other products or services.

We have no obligation to monitor the Site, but We can, and We may remove anything that a User posts for any or no reason. Users are not employees, independent contractors, or agents for TRX.

User Interaction with Site – We adhere to high expectations of professionalism and confidentiality. When You interact with Us about and/or via this Site, You must provide accurate information about Yourself when such information is required. As the administrators of this Site, We will have access to all information and files.

TRX Subscription Fees – Some of Our services require a monthly or annual subscription. Please see Our current offerings for subscription rates.

TRX Portal – Certain TRX subscriptions may have a personalized portal for use by all Users affiliated with that subscribed User. Each person who has access to the portal will have a unique ID and password and may have access to some or all of the data uploaded to the Site.

We will contact the subscriber if a User is in violation of the Site’s rules. Repeat or ongoing violations of these rules of conduct may result in the termination of the account for that individual/entity or the User’s entire subscription.

File Retention/Backup – Except as described in this paragraph, We reserve the right to delete files uploaded by Users after a period of time that We deem to be reasonable. However, unless specifically prohibited from doing so by federal, state, or local laws, rules or official policies, We intend to retain Your recording files indefinitely so long as You remain a valid User. Further, We suggest that You keep an offline copy (i.e. backup) of any and all files You upload to the Site. We are not liable for any damages that result from the removal or loss of any files.

Links – We may provide links to other websites on this Site. Providing a link, however, is not an endorsement. We shall not be responsible for any material on any site to which We provide a link. User assumes all risk by following a link. TRX provides no guarantee that any website it links to will be accurate or available.

Copyrights and Trademarks – TRX retains its copyright rights in all its content published on this Site. Users may request permission to use or repurpose Our content by contacting Us at customersuccess@trxchange.com.

“TheRecordXchange” and its logo are trademarks owned by American Platform Services, LLC and may not be used without Our explicit written permission. Both of these trademarks are registered with the United States Patent and Trademark Office.
Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and/or criminal penalties.

Digital Millennium Copyright Act (DMCA) Policy – TRX will comply with any properly submitted DMCA takedown and counter takedown notices We receive (17 U.S.C. § 512). If You believe that Your copyrighted work has been copied and posted on the Site in a way that constitutes copyright infringement, You must contact Our DMCA Agent at the following address: American Platform Services, LLC; Attn: DMCA/Copyright Agent for TheRecordXchange; 7590 East Gray Road, Suite 202, Scottsdale, AZ 85260 or customersuccess@trxchange.com.

Indemnification – User agrees to defend, indemnify, and hold harmless TRX, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any activity by User in connection with the Site.

To the extent permitted under applicable laws, User hereby releases TRX from any and all claims or liability related to any product or service provided through the Site, and any conduct or speech, whether online or offline, of any other User.

User, subject to Hawaii Revised Statutes chapters 661 (Actions By and Against the State) and 662 (State Tort Liability Act), shall be liable for losses, damages, costs and expenses, including reasonable attorneys’ fees, sustained by TRX, its affiliates, and their respective directors, officers, employees, and agents as a result of the acts or omissions of User, its officers and employees in using the Site while in the scope of employment.ⁱⁱ

Dispute Resolution – By using this Site, User agrees that any claim, dispute, or controversy User may have against Us arising out of, relating to, or connected in any way with this Agreement, or this Site, shall be resolved exclusively in a court located in Maricopa County, Arizona. User hereby consents to the personal jurisdiction of this court. Arizona law shall govern all disputes related to this Site. In all claims, disputes, and controversies related to this Agreement or this Site, the prevailing party’s attorneys’ fees will be paid by the other party in addition to any damages assessed against them. User agrees they may not bring a claim on behalf of themselves and shall not file a class action lawsuit against TRX.

By using this Site, User agrees that any claim, dispute, or controversy User may have against Us arising out of, relating to, or connected in any way with this Agreement, or this Site shall be resolved in a State or Federal court in the State of Hawaii. Hawaii law shall govern all disputes related to this Site. In all claims, disputes, and controversies related to this Agreement or this Site, the prevailing party’s attorneys’ fees will be paid by the other party in addition to any damages assessed against them, provided that User’s obligations under this section are subject to Hawaii Revised Statutes chapters 661 (Actions By and Against the State) and 662 (State Tort Liability Act). ⁱⁱ

If You have a dispute with another User related to TRX You must resolve the problem directly with them. We simply provide a platform for distributing recordings from court proceedings, and We will not be involved in resolving Your conflict.

Modified Terms of Service – We reserve the right at any time to discontinue this Site, change the services provided through this Site, or modify any of Our TOS as We deem necessary or desirable. We will notify Users of changes by posting notice of a change on the Site and/or sending a notice by email. Any changes to this Site or the TOS will be effective upon the changes being made to this Site. Any use of the Site by User after the changes shall be deemed to constitute acceptance by User of such modifications.

We suggest, therefore, that You re-read Our TOS periodically in order to stay informed as to any such changes. The date at the top of this Agreement will inform You of the date of the most recent change.

Warranty Disclaimer – USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT USER’S SOLE RISK. NEITHER TRX, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (1) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR (2) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE.

THIS SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRX HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability – IN NO EVENT SHALL TRX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.

Disclosures – Questions and complaints may be sent to TheRecordXchange at 7590 East Gray Road, Suite 202, Scottsdale, AZ 85260 or via email at customersuccess@trxchange.com.

Communication with Users – By using this Site, You give Us consent to communicate with You using the contact information You provided. We may contact You for various reasons, including but not limited to, information about changes to Our Site and/or services. We promise We will never spam you. In accordance with the CAN-SPAM Act, You may opt-out of these communications at any time.

No Third Party Beneficiaries – Nothing contained in this Agreement creates any relationship, contractual or otherwise, with, or any rights in favor of, any third party.

Miscellaneous – This Agreement and the TRX Licensing Agreement, when applicable, shall constitute the entire agreement of the parties with respect to the subject matter in this document. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.

The section headings used in this Agreement are for convenience only and shall be of no legal force or effect.

If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. If a provision is found to be invalid, the parties hereby request that the intention of the invalid provision be upheld wherever possible. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided by this Agreement.

Termination – TRX may terminate this Agreement with any User at any time for violations of the Site’s Terms of Service or any terms affiliated with any of Our services. Without limiting the foregoing, We shall have the right to immediately terminate or suspend any User profiles, subscriptions, or accounts in the event of any conduct by User, which TRX in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. Termination may occur without notification and without a refund to the User.

Our Privacy Policy and the provisions of the following sections will survive termination of this Agreement: User Conduct, User Interaction with Site, Copyrights and Trademarks, Indemnification, Dispute Resolution, Warranty Disclaimer, Limitation of Liability, and Miscellaneous. TRX shall not be liable for any damages for terminating a User.

TRX Licensing Agreement
UPDATED: June 3, 2020

Licensing Terms – TRX offers Users non-exclusive, time-limited licenses to use TRX services through the User portal to procure audio/video court and hearing room recordings and transcript per the terms of this Software Licensing Agreement and the Site’s Terms of Service. Some of these licenses may require a paid subscription.

Users must use the Order Forms in the Storefront to request recordings and transcript from a particular court or government agency. The court or government agency User may restrict which other Users can access the audio and video files from proceedings and whether they are available to be streamed and/or downloaded.

This Licensing Agreement applies concurrently with the TRX Terms of Service. If the terms of these two documents are ever in conflict, the terms of the Licensing Agreement shall supersede the TRX Terms of Service.

Support Services – Support services for TRX are available during normal business hours, Monday-Friday, 8am-5pm, Arizona time, by contacting Us at customersuccess@trxchange.com or 800-406-1290 x 102. The site also provides a live chat facility, which is available during normal business hours. TRX does not guarantee a specific response time to support requests.

TRX Subscription Fees and Payment – Your subscription fee may be based on the size of Your business or organization and what services offered in the subscription. Please contact Us at sales@trxchange.com for a price quote. Subscriptions can be canceled at any time and refunds are not available.

Your subscription gives You access to Our platform to facilitate the distribution of audio and video recordings. Additional transaction fees may apply.

TRX will comply with User’s requirements for submitting invoices and receiving payments. This Agreement is subject to the availability of government funds.
Delay in payment is not a breach of contract until a payment is more than 90 days late.

Payments for recordings and other services may be made through Braintree. By using these services to pay for services, You agree to abide by this site’s terms as well. We will never have access to Your credit card information.

TRX and its employees are not lobbyists. No funds provided to TRX under this Agreement shall be used for lobbying purposes.

Record Keeping by TRX – As is relates to Users who pay subscription fees, TRX will comply with User’s jurisdictional rules regarding record keeping as provided by the User. The User’s administrator for the subscription account must provide these requirements promptly after creating Your User account. TRX shall not be liable for damages caused by or any breach due to User’s failure to provide information to TRX regarding Our record-keeping obligations for User.

Suspension – The User may suspend any and all activities under the Agreement at any time by providing written notice to TRX. Reasons for a suspension include, but are not limited to, budgetary constraints and declaration of emergency. TRX services will not be available to the User during the suspension.

Within 90 days of submitting notice of the suspension, the User shall issue a notice authorizing the resumption of service or terminate this Agreement. A suspension will not entitle TRX to additional compensation except for work already performed.

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ⁱ Reference to trxchange.com includes all of the TRX related sites, TLDS, and sub-domains, including, but not limited to, therecordxchnge.com, therecordxchange.net, app.therecordxchange.net, and therecordxchange.com.
ⁱⁱ This paragraph applies to Users who reside in the U.S. state of Hawaii or who access recordings from any judicial jurisdiction in Hawaii.