Please read and accept the following terms and conditions:
This Terms of Use Agreement (“Agreement”) is a legally binding contract. Please read it carefully before accepting its terms. By checking “I accept the terms and conditions,” you acknowledge that you have read this Agreement, understand it, and agree to be bound by it. If you do not agree to any of the terms below, Winter Rock, LLC trading as “Name-Change.org” and the “Name Change Organization” is unwilling to grant you a license to use its E-Guide. If you are unwilling to accept all of the terms of this Agreement, you should not check the “I agree to the Terms and Conditions” box or purchase the electronic guide (“E-Guide”). This Terms of Use Agreement is made by and between Winter Rock, LLC a New York limited liability company (hereinafter referred to as “Winter Rock”) and the customer (“You” or “you”) making use of the E-Guide provided by Winter Rock through its website. “Name Change Organization” and “Name-Change.org” are trade names owned by Winter Rock, LLC. Use of these trade names is strictly prohibited. I. DESCRIPTION OF LICENSE TO E-GUIDE OF LEGAL INFORMATION Winter Rock provides a license to use its electronic guide (“E-Guide”) providing legal information about the name change process. By providing payment and agreeing to these terms Winter Rock will grant you a non-exclusive, non-transferable, limited right to access and use the E-Guide described herein. Winter Rock’s E-Guide may, in some cases, provide legal information which is not legal advice. Legal information informs you of the law and your rights but does not advise you what course of action should be taken in your specific situation. Legal advice is provided by lawyers. If you require legal advice we suggest that you consult with an attorney. Any legal information provided in the E-Guide is not a substitute for legal advice. The E-Guide is intended to assist individuals in completing and submitting applications for documentation and notification to particular agencies of a name change following a marriage, divorce, or legal name change obtained through a court. Users of the E-Guide must provide the necessary information for notifying the agencies of the name change by completing questionnaires. Once the user completes the questionnaire, the information is used to automatically complete the appropriate government forms. Winter Rock also provides simplified instructions and tips for submitting the appropriate forms to the relevant agencies. Some information is provided via links throughout the E-Guide, which requires access to the internet. You are responsible for obtaining and maintaining your own internet access. Winter Rock does not obtain a legal name change, authorize name changes, submit applications or forms to the agencies, or interact with those agencies in any way. Winter Rock is a privately owned and operated company that does not represent any governmental office or authority. The recognition and authorization to grant new identification documents reflecting a legal name change can only be authorized by an appropriate government agency. Obtaining new government identification documents, such as a new Social Security card or U.S. passport can only be done through the governmental office charged with that responsibility. II. PAYMENT You agree to pay Winter Rock the fee posted on the Name-Change.org internet web site (Site) at the time you purchase the license to use the E-Guide. By completing and submitting the credit card or other payment authorization through the Site, you are authorizing Winter Rock to charge the fees to the account you identify. Winter Rock’s fees do not include the additional charges the governmental authorities charge for filing or processing your name change forms. III. OWNERSHIP By purchasing the license to the E-Guide you agree that it may only be used for your personal use and may not be sold or redistributed without consent from Winter Rock. Winter Rock retains all rights, title and interest in the E-Guide, the Site and all information, content, and materials provided by or on behalf of Winter Rock. Except for the use of publicly available forms and information which you obtain from sources other than Winter Rock you agree that you will not copy, reproduce, distribute or create derivative works from any information, content, or materials provided by Winter Rock, or remove any copyright notices contained in any such information or materials. To help manage our E-Guide, Winter Rock reserves the right to use third-party tracking software to ensure accurate electronic delivery and copyright compliance. This software may collect and forward to us certain technical information from any computer that opens the E-Guide. In addition, the software collects and reports information regarding the usage of the E-Guide by the receiving computer. For more information about third-party software that we may employ, please see www.readnotify.com. We reserve the right to change our third-party tracking software provider at any time. Your feedback is welcomed. You agree, however, that unsolicited ideas submitted to Winter Rock or any of its employees or representatives automatically become the property of Winter Rock. By submitting unsolicited ideas to Winter Rock, you automatically forfeit your right to any intellectual property rights in such ideas. IV. YOUR LIMITATIONS ON USE AND OBLIGATIONS You agree not to use the E-Guide to impersonate any person or entity, or otherwise misrepresent your identity or your affiliation with a person or entity. You agree not to use the E-Guide to violate any local, state, national or international law. Payment of the fee grants a single individual a license to use the E-Guide. You may not grant, resell or sublicense access to the E-Guide, or any of the other rights granted to you herein, to any third party. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the E-Guide. You may not decompile, disassemble, reverse engineer or otherwise attempt to utilize the E-Guide for anything but assisting you in changing the name of the person for whom the E-Guide was purchased. The E-Guide may not be used to make derivative information or materials. Winter Rock reserves the right to share certain account or other information with governmental organizations or other third parties when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of Winter Rock or others. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS WINTER ROCK AND ITS AFFILIATES AND MEMBERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, COSTS AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY WINTER ROCK AND RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SITE WITH YOUR PASSWORD. V. WARRANTIES AND LIMITATIONS OF WARRANTIES Winter Rock undertakes commercially reasonable efforts to ensure that the forms and information it provides are current and accurate. Due to the number of sources from which the information in the E-Guide was obtained, and the inherent hazards of electronic compilation and distribution, there may be inaccuracies in the information or generated forms. Winter Rock does not warrant that any forms it provides are the most current versions and Winter Rock does not warrant the accuracy of information. If you are not completely satisfied with the Service, Winter Rock will refund the full amount of any fees you have paid to it within the six month period preceding your claim. THE SERVICE, THE FORMS, AND ALL INFORMATION, CONTENT, AND MATERIALS ARE PROVIDED “AS IS.” EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, WINTER ROCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. IN NO EVENT SHALL WINTER ROCK OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS OR DAMAGES ARISING DUE TO BUSINESS INTERRUPTION OR FROM LOSS OR INACCURACY OF INFORMATION, TO THE EXTENT ANY OF THE FOREGOING ARISES IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE, AND/OR THE SITE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WINTER ROCK WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF WINTER ROCK TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT THE SITE OR THE SERVICE, EXCEED THE TOTAL FEES PAID TO WINTER ROCK BY YOU DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF ANY CLAIM. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND WINTER ROCK RELATING TO THE PROVISION OF THE SERVICE TO YOU AND WINTER ROCK WOULD NOT PROVIDE THE SERVICE TO YOU WITHOUT THIS LIMITATION. WINTER ROCK, OUR AFFILIATES, SUPPLIERS AND DISTIBUTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE, E-GUIDE, OR ANY INFORMATION YOU OBTAIN FROM EITHER. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR AND OUR SUPPLIER?S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NEITHER WE NOR OUR AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND DISTRIBUTORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING AND COMPILING THE INFORMATION IN THE E-GUIDE. IN NO EVENT WILL WE AND OUR AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND DISTRIBUTORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VI. DURATION OF TERMS This Agreement will become effective and binding when you have acknowledged your acceptance of all the terms and conditions herein by following the instructions set forth on the Site. Ordinarily, we will require you to indicate your agreement by selecting a particular checkbox and/or clicking a particular button during the process of purchasing the license to the E-Guide. Once in effect, this Agreement will continue in operation until terminated by either you or us. However, even after termination, the provisions of sections III thru V of this Agreement will remain in effect. You may terminate this Agreement at any time and for any reason by providing notice to Winter Rock by emailing admin@name-change.org, or by using the contact page on the Site. We may terminate this Agreement without notice in the event that we have any basis to believe that you breached this Agreement. Notwithstanding the foregoing, Winter Rock also reserves the right to terminate this Agreement at any time and for any reason by providing notice to you either through email or other reasonable means. After termination of this Agreement for any reason, you understand and acknowledge that all licenses and other rights granted to you by this Agreement will immediately cease. VII. MODIFICATION OF TERMS. Winter Rock may change the terms of this Agreement from time to time. You may be notified of any such changes via e-mail (if you have provided a valid email address) and/or by posting notice of the changes on the Site. Any such changes will become effective when notice is received or when posted on the Site, whichever first occurs. If you object to any such changes, your sole recourse will be to terminate this Agreement. Continued use of the E-Guide following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by such changes. VIII. MISCELLANEOUS. You shall comply with all laws, rules and regulations now or hereafter promulgated by any government authority or agency that are applicable to your use of the E-Guide, or the transactions contemplated in this Agreement. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder or to exceed the scope of this Agreement is void. This Agreement and the rights and obligations of the parties with respect to the Site and the Service will be subject to and construed in accordance with the laws of the State of New York, excluding conflict of law principles. You consent to jurisdiction and venue exclusively in the State of New York. This is the entire agreement between you and Winter Rock with regard to the matters described herein and govern your use of the E-Guide, superseding any prior agreements between you and Winter Rock with respect thereto. The failure of Winter Rock to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions hereof shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of this Agreement or related to use of the Service or the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.