Welcome to NewLastName! We are glad you have decided to join NewLastName. At NewLastName you can obtain free information on how to change your name, or obtain help with the process by obtaining one of our free services, or purchasing one of our premium services. Before you begin delving into the content and services available on our sites, please take a moment to review these Terms of Service (“Terms” or the “Agreement”). This Agreement applies to the websites owned by Winter Rock, LLC accessible at http://NewLastName.com or https://NewLastName.org. If you do not agree to these terms, you should not click COMPLETE and not use the Service. These Terms are a legally binding contract between you and Winter Rock, LLC (hereinafter, “Winter Rock” or “NewLastName”), the owner and operator of the NewLastName websites.
By clicking on COMPLETE you agree to these terms and conditions. It is important that you understand both the benefits we provide and our limitations. These Terms may be updated from time to time. We will notify you of any significant updates by presenting you with an alert that describes the changes via the email address that you provided as part of your registration process. Your continued use of our services signifies your acceptance of the changes. These Terms will always be available to users on this page for you to read.
When using free services offered through NewLastName’s third-party service providers, you will be subject to terms posted by these third-party service providers. Registration for a NewLastName signifies your agreement to those additional terms. Also, by opting into third-party offers, you will be subject to terms posted by these third parties. Opting into these offers signifies your agreement to those additional terms.
I. AGE RESTRICTION
NewLastName is not directed to children under the age of 13. NewLastName prohibits registration by and will not knowingly collect personally identifiable information from anyone under 13. This requirement will be posted at points of data collection within NewLastName. Note to Parents. If you have any concerns about NewLastName or its related services, please contact us by clicking here.
II. ABOUT OUR SERVICES
A. NewLastName Services
NewLastName grants each visitor a non-exclusive, non-transferable, limited license to access and use the website and the name-change application provided via a downloadable link 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. NewLastName’s name-change notification service is intended to assist individuals in completing and submitting applications for a name change, or documentation and notification to particular agencies of a name change following a marriage, divorce, or legal name change obtained through a court application (the “Service”). 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. Some services offered on NewLastName are provided free of charge, while others require payment. We reserve the right to change the cost of services, or to charge for other services, at any time.
B. Privately owned company and not a law firm
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.
C. Service Limitations
We will do our best to make your experience with NewLastName a pleasurable one, but we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings, or other service interruptions. For this reason, you agree that NewLastName’s services, including the services of our third-party service providers, are provided “AS IS.” NewLastName and our third party service providers cannot assume responsibility for the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings. In addition, you hereby acknowledge and agree that we obtain our data from third-party sources, which may or may not be completely thorough and accurate and as such you cannot rely on its accuracy or completeness.
D. Service Changes and Discontinuation
NewLastName reserves the right to change or discontinue, temporarily or permanently, the Service at any time without notice. You agree that NewLastName will not be liable to you or any third party for any modification or discontinuance of the Service.
III. “RULES OF THE ROAD”
For the benefit of the entire NewLastName customer-base, and to comply with applicable laws, we have a few mandatory guidelines that we call “Rules of the Road.” We hope you will find them reasonable. Please understand, though, that any conduct that violates the Rules of the Road is grounds for termination of your account and, in some circumstances, could lead to liquidated damages. For this reason, we ask that you carefully read and follow them.
A. Provide Accurate Information.
You agree to provide true, accurate, current, and complete information about yourself as requested in the NewLastName registration process (we call this information “Registration Data”). Accurate records are necessary to complete your name-change forms and they help us create better services and provide us with opportunities to identify new services or products that may interest you. 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.
For the purposes of this agreement, a “Competitor” is defined as any person, entity, or agent thereof, that has provided, or in the future provides, name-change services, products, kits or information to the public. An “Agent” is defined as any customer that obtains access to NewLastName’s Service at the request of a Competitor, or reports, provides or conveys information about the services to a Competitor. You specifically represent that you are not a Competitor, or Agent thereof, seeking to gain access to NewLastName’s service for any reason other than changing your name, or purchasing a gift card for someone to change their name. You represent that you are not attempting to access NewLastName’s proprietary name-change service to understand its methods or processes, test its methods or processes, or use it for any reason other than changing Your name. 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 access to the Service was purchased. The Service may not be used to create derivative information or materials.
As a Competitor, or Agent thereof, you agree that the name-change market is a competitive industry in which the access to a Competitor’s proprietary processes would lead to financial losses and damages that are difficult to compute. Determining precisely which customers were lost or the precise impact it had as a result of such a breach is nearly impossible. As such, you agree that any Competitor and/or Agent thereof shall be assessed a fee of $25,000 for accessing NewLastName’s Service as a result of any misrepresentation under this Section.
A. Use Restriction
The material on NewLastName websites is for the private, noncommercial enjoyment by Licensees only. Any other use is strictly prohibited. NewLastName spends a great deal of time and money to obtain the information appearing on its websites. Licensees agree that they will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information from NewLastName websites, without express written permission from NewLastName. Subscribers agree that, should they do so, NewLastName reserves the right to cancel their subscription immediately without refund. Additionally, re-use of copyrighted information (name-change services, pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
B. Guard Your Password
You may receive a password and account designation upon completing the registration process or signing up for a premium service. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur using your password or account. Please notify NewLastName immediately of any unauthorized use of your password or account or any other breach of security. You hereby acknowledge that the information available through NewLastName may include personally identifiable information and it is your responsibility to keep all such accessed information confidential and secure.
C. Obey the Law
You represent and warrant that you will not use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the copyrights (rights of an owner of written material) or other intellectual property of others. 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.
D. Content Restrictions and Ownership
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, 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 NewLastName’s name-change service. 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.
E. Non-Commercial Use
NewLastName attempts to provide some of the very best content available on the web, and we make it available to you on the web for your personal, noncommercial use. All website design, text, graphics, the selection and arrangement thereof, and all software that are part of NewLastName are protected by international copyright laws. The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio, and/or video materials or any other form of proprietary content found on NewLastName is strictly prohibited without the prior written permission of NewLastName. Content that is publicly available on NewLastName may not be stored in a computer, except for personal and noncommercial use.
F. User-Submitted Content
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. We reserve the right to delete any photo posted on the website that we find in violation of our photo guidelines and standards. Photo guidelines and standards include prohibitions against nudity or content that might be deemed offensive, inappropriate, or in violation of copyright rules and restrictions. Similarly, we also reserve the right to remove any profile content that we find unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable.
G. Limits on Uses of NewLastName Information
By using NewLastName websites, you agree not to data-scrape, copy, aggregate, redistribute, alter, reproduce, or re-use for commercial purposes any user’s (whether specific to any particular user or as an aggregation of users’ information) information accessible through any websites or networks owned by NewLastName. “Commercial purposes” can include but is not limited to selling information to third parties; using the data collected to customize users’ experiences at a site or network outside of NewLastName; using the data for targeted marketing campaigns not affiliated with NewLastName; or using the data to offer services to NewLastName users. NewLastName reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above.
H. Service Limitations
You hereby agree to accept all information “AS IS” and acknowledge that NewLastName obtains data from third-party sources, which may or may not be completely thorough and accurate, and that you shall not rely on NewLastName for the accuracy or completeness of information supplied through NewLastName. You understand that restrictions may be placed on accessing certain portions of the website which might otherwise be available. NewLastName reserves the right to add materials and features to, and to discontinue offering any of the materials and features that are currently a part of, NewLastName.
IV. RIGHTS YOU GRANT NEWLASTNAME
A. Right to InvestigateYou understand and agree that NewLastName reserves the right to investigate any improper use of the website that we reasonably suspect to be in violation of the terms set forth in this agreement.
B. Distributing Content You Produce
We may engage third parties to perform analysis or data processing of our databases that involves access to this information in order to better provide our customers with services (in which case we will take measures to ensure that such parties are contractually required to keep the information confidential and not to use it other than in a manner that is necessary to perform their work for NewLastName).
D. NewLastName Advertising.
NewLastName relies on advertisers to help fund the services that we offer to our Members. You agree that NewLastName may display advertisements and promotions of all kinds in and with the services.
E. Account Access.
In order to ensure that NewLastName is able to provide high-quality services that are responsive to customers’ needs, you agree that NewLastName employees have access to your account and records as reasonably needed to investigate complaints or Your obligations with this agreement.
F. Merger or Acquisition.
In order to ensure a smooth transition of services relative to your subscription, in the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, or the sale of an individual website owned by Winter Rock, Winter Rock may transfer your Personally Identifiable Information to a third party as a part of such merger, acquisition, reorganization, or sale.
V. WARRANTIES AND LIMITATIONS OF WARRANTIES
A. Disclaimer of Warranties
NewLastName undertakes commercially reasonable efforts to ensure that the forms and information it provides are current and accurate. If you are not completely satisfied with the Service, NewLastName will refund the full amount of any fees you have paid to it within a 30-day period preceding your claim. You expressly understand and agree to the following: NewLastName makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, (v) that your email or voicemail messages will not be lost, and (vi) any errors in the Service will be corrected. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from NewLastName, our third-party service providers, or through or from the Service will create any warranty not expressly stated in the terms. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the extent that any part of this section is not consistent with any other part of these terms, then this Disclaimer of Warranties will override it.
B. No Endorsement of Member Content
You acknowledge and agree that NewLastName does not endorse the content of any Member and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that NewLastName does not pre-screen all content, but that NewLastName and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move, or remove any content that is publicly available via its website.
C. Limitation of Liability
You agree that NewLastName, nor its subsidiaries and affiliates, nor any third party data provider (for purposes of indemnification, warranties, and limitations on liability, NewLastName, our subsidiaries and affiliates, and our third party data providers are hereby collectively referred to as “NewLastName Parties”) will not be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if NewLastName has been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the service; (ii) The cost of getting substitute goods and services resulting from any products, data, information, or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of anyone on the service; (v) For any loss or injury arising out of or caused in whole or in part by NewLastName Parties acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering our services; and (vi) Any other matter relating to the service. 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. YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS, OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT
D. Third-Party Claims
You agree to protect and fully compensate the NewLastName Parties from any and all third-party claims, liability, damages, expenses, and costs (including, but not limited to, reasonable attorneys fees) arising from or in any way related to your use of the services, your violation of the terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
E. NewLastName Information is not Expert Advice
NewLastName provides information of a general nature and is designed for informational and entertainment purposes only and is not meant to be a substitute for medical, health, legal, or financial advice from a professional. Consult with your professional for any specific medical, health, legal, or financial concern. NewLastName does not endorse any of the treatments, medications, or products discussed herein. NewLastName’s rights under this Agreement may not be waived unless NewLastName agrees to such change in writing. This Agreement is personal to you, and you may assign this agreement only with NewLastName’s prior written approval. Any other attempt to assign, transfer, or delegate this Agreement shall be null and void.
F. Choice of Law
This Agreement and all matters relating to your access to, or use of, the Service shall be governed by U.S. federal law or the laws of the State of California, excluding that body of laws known as conflicts of laws. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted, and the remaining provisions will continue in full force and effect. Any notices related to this agreement need to be given in writing to one another at our address below, or any new address that is given in such a notice. This agreement is the entire understanding between you and NewLastName about the services.
V. 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.
VI. 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. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued use of the Service following our posting of a change notice or new agreement on NewLastName will constitute your binding acceptance of the change.
This Agreement is governed by the laws of the State of New York, U.S.A., without regard to its conflicts of law provisions. You consent to jurisdiction and venue exclusively in the State of New York. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section.
This is the entire agreement between you and NewLastName with regard to the matters described herein and govern your use of NewLastName Services, 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 that 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.
You shall not use the Service in any manner contrary to local, state, or federal law. 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.