Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
By using the pages in this site, you agree to these terms and conditions. These Terms and Conditions are a legally binding contract between you and Winter Rock, LLC (hereinafter, “Winter Rock” or “NewLastName”). If you do not agree to these terms, you should not use this site.
NewLastName grants each visitor a non-exclusive, non-transferable, limited license to access and use the website described herein. This website provides information about the name change process. NewLastName’s website 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 website is not a substitute for legal advice. The website 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 website 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. NewLastName also provides simplified instructions and tips for submitting the appropriate forms to the relevant agencies. Some information is provided via links throughout the website, which requires access to the internet. You are responsible for obtaining and maintaining your own internet access. NewLastName 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. NewLastName 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.
By using the website you agree that it may only be used for your personal use and the information may not be used in a derivative work, sold or redistributed without consent from NewLastName. NewLastName retains all rights, title and interest in the Website, the Site and all information, content, and materials provided by or on behalf of NewLastName. Except for the use of publicly available forms and information which you obtain from sources other than NewLastName you agree that you will not copy, reproduce, distribute or create derivative works from any information, content, or materials provided by NewLastName, or remove any copyright notices contained in any such information or materials. To help manage our Website, NewLastName 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 Website. In addition, the software collects and reports information regarding the usage of the Website 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 ideas submitted to NewLastName or any of its employees or representatives automatically become the property of NewLastName. By submitting ideas to NewLastName, you automatically forfeit your right to any intellectual property rights in such ideas.
YOUR LIMITATIONS ON USE AND OBLIGATIONS
You agree not to use the Website 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 Website to violate any local, state, national or international law. Payment of the fee grants a single individual a license to use the Website. You may not grant, resell or sublicense access to the Website, 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 Website. You may not decompile, disassemble, reverse engineer or otherwise attempt to utilize the Website for anything but assisting you in changing the name of the person for whom the Website was purchased. The Website may not be used to make derivative information or materials. NewLastName 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 NewLastName or others. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS NEWLASTNAME AND ITS AFFILIATES AND MEMBERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, COSTS AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY NEWLASTNAME 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.
WARRANTIES AND LIMITATIONS OF WARRANTIES
NewLastName 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 Website was obtained, and the inherent hazards of electronic compilation and distribution, there may be inaccuracies in the information or generated forms. NewLastName does not warrant that any forms it provides are the most current versions and NewLastName does not warrant the accuracy of information. If you are not completely satisfied with the Service, NewLastName 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, NEWLASTNAME 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 NEWLASTNAME 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 NEWLASTNAME WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF NEWLASTNAME TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT THE SITE OR THE SERVICE, EXCEED THE TOTAL FEES PAID TO NEWLASTNAME 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 NEWLASTNAME RELATING TO THE PROVISION OF THE SERVICE TO YOU AND NEWLASTNAME WOULD NOT PROVIDE THE SERVICE TO YOU WITHOUT THIS LIMITATION. NEWLASTNAME, OUR AFFILIATES, SUPPLIERS AND DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE, WEBSITE, 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 WEBSITE. 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.
DURATION OF TERMS
This Agreement will become effective and binding when you have acknowledged your acceptance of all the terms and conditions herein by visiting the Website. NewLastName 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. However, even after termination, the provisions relating to your limitations of use of the material and information provided in the Website will remain in effect.
MODIFICATION OF TERMS
NewLastName 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 Website following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by such changes.
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 Website, 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 NewLastName with regard to the matters described herein and govern your use of the Website, superseding any prior agreements between you and NewLastName with respect thereto. The failure of NewLastName 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 the You may have 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.