Terms and Conditions of Use
Welcome to Name Change Express! We hope that you enjoy your visit and find that our services are efficient, easy, and enjoyable.
1. DESCRIPTION OF SERVICES
In the Site, Carthasia provides users with online services (“Services”) for completing and creating applications for a name and/or address change following marriage, divorce or any other legal change of name and/or address by its clients. Users of the service provide the information necessary for accomplishing the name change. Carthasia uses that information to automatically complete the appropriate application or registration forms along with stored information regarding the business entities the users do business with. Carthasia then generates those forms into a Portable Document Format (PDF) file which the user can print out and send to the above mentioned entities for the purposes of changing the user’s name in the business records. You are responsible for maintaining your own access to the internet. Carthasia does not authorize name changes. Carthasia neither submits applications to the entities involved nor does it interact with those entities as a representative of any user of the service. Carthasia is a privately owned and operated service and does not represent or speak for any governmental office or authority. Recognition of a change of name can only be authorized by the appropriate governmental office. New identification documents, such as a new Social Security card, driver’s license, or U.S. Passport can only be issued by the governmental offices charged with that responsibility.
2. FEES AND PAYMENTS
You agree to pay Carthasia the fee posted on the NameChangeExpress.com internet web site (Site) at the time you subscribe to the Service. By completing and submitting the credit card or other payment authorization through the Site, you are authorizing Carthasia to charge the fees to the account you identify. Fees charged by governmental authorities for filing or processing name changes are not included in the fee payable to Carthasia.
All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
3. LIMITATIONS ON USE OF THE SERVICE
B. Use of the Service
Subscription to the Service and payment of the fee authorizes a single individual to use the Service. A password and/or unique user I.D. will be provided by you. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. In the event that your password and/or user I.D. is stolen or lost, please notify Carthasia immediately so that a new password or user I.D. may be issued promptly. You may not grant, resell or sublicense access to the Site or the Service, or any of the rights granted to you herein, to any third party. You agree not to use the Site or the Service to violate any local, state, national or international law or to impersonate any person or entity, or otherwise misrepresent your identity or your affiliation with a person or entity.
You represent and warrant that all information that you provide to us will be true, accurate, complete and current, and that you have the right to provide such information to us in connection with your use of the Service. In addition, we expect users of the Service to respect the rights and dignity of others. Your use of the Service is conditioned in part on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Service. While using the Service, you agree not to:
impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading or inaccurate email address or other contact information;
restrict or inhibit any other user from using and enjoying the Service;
violate any applicable laws or regulations;
post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations;
post or transmit any software or other materials which contain any virus, trojan horses, worms, defects, date bombs, time bombs, other harmful component or items of destructive nature;
post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Service;
remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Service;
use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Service;
engage in spamming or flooding; and
upload to, post, transmit through, reproduce or distribute in any way (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights, including without limitation, derivative works; (b) any confidential, proprietary or trade secret information us or of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
Carthasia has no obligation to monitor the Site. However, you acknowledge and agree that Carthasia has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its customers. Carthasia reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Agreement.
Other than the personal information submitted by you for the purpose utilizing the Service, any communications or material of any kind, including data, questions, comments or suggestions, that you e-mail, post or otherwise transmit through the Site will be treated as non-confidential and nonproprietary. Carthasia 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 Carthasia or others. Carthasia also reserves the right to rent, share, sell or monetize your information (limited to name, contact information and the list of companies/services which you use) if you use any form of discount on the full-price of the service.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CARTHASIA AND ITS AFFILIATES AND MEMBERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, COSTS AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY CARTHASIA 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
4. WARRANTIES AND LIMITATIONS OF WARRANTIES
THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE FORMS AND ALL INFORMATION, CONTENT, AND MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICE, IS PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, CARTHASIA AND ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, ACCURACY OF DATA, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. CARTHASIA DOES NOT WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, THE SERVER(S) ON WHICH THE SERVICE IS OFFERED OR ANY SOFTWARE INCORPORATED INTO THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALTHOUGH INFORMATION THAT YOU SUBMIT MAY BE PASSWORD PROTECTED, CARTHASIA DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE AND YOU ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE THROUGH THE SITE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON.
5. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLY BY APPLICABLE LAW, IN NO EVENT SHALL CARTHASIA OR ITS AFFILIATES, PARTNERS, LICENSORS, ADVERTISERS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOSS OF DATA) OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS OR DAMAGES ARISING DUE TO BUSINESS INTERRUPTION OR FROM LOSS OR INACCURACY OF INFORMATION, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING TO THE SERVICE, OR TO THE EXTENT ANY OF THE FOREGOING ARISES IN CONNECTION WITH THIS AGREEMENT, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SOLE, EXCLUSIVE, AND AGGREGATE LIABILITY OF CARTHASIA TO YOU FOR ANY AND ALL CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, ARISING IN CONNECTION WITH THIS AGREEMENT THE SITE OR THE SERVICE, SHALL NOT EXCEED THE TOTAL FEES PAID TO CARTHASIA 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 CARTHASIA RELATING TO THE PROVISION OF THE SERVICE TO YOU AND CARTHASIA WOULD NOT PROVIDE THE SERVICE TO YOU WITHOUT THIS LIMITATION.
6. TERM AND TERMINATION OF USE
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. We will require you to indicate your agreement by selecting a particular checkbox and/or clicking a particular button during the process of registering for the Service. Once in effect, this Agreement shall remain effecgtive until termination as set forth herein. However, even after termination, the provisions of sections III and VI of this Agreement will remain in effect. You may terminate this Agreement at any time and for any reason by providing notice to Carthasia in the manner specified on the Site or by choosing to cancel your access to the Service using the tools provided for that purpose within the Site. We may, in our sole discretion, immediately terminate this Agreement, and/or your access to and use of the Service or any portion thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. Notwithstanding the foregoing, Carthasia 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. Upon termination of these Terms, your right to access and/or use the Service will immediately cease. You agree that any termination of your access to or use of the Service may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it (including all Submissions), and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Service or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Upon termination, all licenses and other rights granted to you by this Agreement will immediately cease.
7. MODIFICATION OF TERMS
Carthasia reserves the right to at any time change all or any part of the terms of this Agreement. Any changes we make will be effective immediately upon notice. You will 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. Your continued use of the Service after such notice will be deemed acceptance of such changes. If you object to any such changes, your sole recourse will be to terminate this Agreement. Continued use of the Service or the Site following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by such changes.
8. MODIFICATIONS TO SERVICES
Carthasia reserves the right at any time to modify or discontinue the Service with or without notice to you. In the event of such modification or discontinuation of the Service, your sole remedy shall be to terminate the Service and to receive a refund of any amounts paid by you to Carthasia for any service that was not delivered to you. Continued use of the Service following notice of any such changes will indicate your acknowledgement and acceptance of such changes and satisfaction with the Service as so modified.
9. OWNERSHIP AND INTELLECTUAL PROPERTY NOTICES
Carthasia and/or its vendors and suppliers, as applicable, retain all right, title and interest in and to the Service, the Site and all information, content, software and materials provided by or on behalf of Carthasia. Except for the use of publicly available forms and information which you obtain from sources other than Carthasia, you agree that you will not copy, reproduce, distribute or create derivative works from any information, content, software or materials provided by Carthasia, or remove any copyright or other proprietary rights notices contained in any such information, content, software or materials without the copyright owner’s prior written consent. You further agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Site or the Service. You may not de-compile, disassemble, reverse engineer or otherwise attempt to obtain or access the source code from which any component of the Site or the Service is compiled or interpreted, and nothing in this Agreement may be construed to grant any right to obtain or use such source code.
“NameChangeExpress.com” and “Name Change Express” is a trade name owned by Carthasia. The trade names, trademarks and service marks owned by Carthasia, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the website and/or the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
10. POLICY FOR IDEA SUBMISSION
Your feedback is welcome and encouraged. You agree, however, that (i) by submitting unsolicited ideas to Carthasia, you automatically forfeit your right to any intellectual property rights in such ideas and suggestions; and (ii) unsolicited ideas and suggestions submitted to Carthasia or any of its employees or representatives automatically become the property of Carthasia. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.) please do not submit them to us without our prior written approval. If we are interested in pursuing any idea or suggestion of yours, we will contact you.
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 Service or the Site, 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 Delaware, excluding conflict of law principles. You agree to submit to the exclusive jurisdiction and venue of any State or Federal court located in the State of Delaware, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. This is the entire agreement between you and Carthasia with regard to the matters described herein and govern your use of the Service and the Site, superseding any prior agreements between you and Carthasia with respect thereto. If any provision of this Agreement, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from this Agreement, and the remainder of this Agreement and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with our prior written consent. 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.