Date of Last Revision: March 3, 2010.
Welcome to our website ("Website"). Change of Address, LLC ("COA" or "us" or "our" or "we") is a Florida limited liability company and the owner and operator of this Website. COA provides a service ("Service") via our Website where people can change their address with the United States Postal Service ("USPS") using a streamlined and easy to use process.
COA IS NOT A GOVERNMENT AGENCY AND IS NOT AFFILIATED IN ANY WAY WITH THE USPS. COA FUNCTIONS AS YOUR AUTHORIZED AGENT IN ACCOMPLISHING YOUR CHANGE OF ADDRESS REQUEST WITH THE USPS. IN THE INTEREST OF FULL DISCLOSURE YOU SHOULD BE AWARE THAT THE USPS ALSO PROVIDES AN ONLINE CHANGE OF REQUEST SERVICE. OUR SERVICE PROVIDES THE FOLLOWING ADDITIONAL BENEFITS THAT THE USPS SERVICE DOES NOT:
- Unlimited Address Changes For 3 Months
- Free Address Labels Coming Soon
- Assisted Data Filing
By using the Service you acknowledge and agree as that you have fully read and agree to be bound by the provisions of this Agreement and that you are of legal age or older and have the legal capacity to enter into a binding agreement with COA. If you do not agree to be bound by this Agreement in its entirety, or are not of legal age, then you must immediately stop using the Service. If you choose to use the Service you are required to read the Agreement and click "I Agree" to accept the Agreement each time you make payment for a change of address request.
3. Modifications to the Agreement
COA reserves the right to change or revise this Agreement at any time by posting a notification on our Website. COA will notify you of revision dates by posting the "last revised date" preceding the first paragraph of this Agreement. The revised Agreement will take effect immediately after it has been posted. Your continued use of the Service after notification will signify your acceptance of any such changes or revisions. Further, by clicking "I Agree" as described above you are accepting any modifications to the Agreement.
COA requires, and enforces, strict compliance with its Service eligibility (Eligibility) requirements, as contained herein. The Service is not intended for individuals under the age of 13, with or without parental support. The Service is intended solely for use by those of legal age or older. You assert and warrant that COA is processing the change of address request on your behalf or on behalf of an individual or entity of whom you are an authorized agent. Use of the Service by any other person is strictly prohibited, unauthorized, unlicensed, void, and in violation of this Agreement.
5. Change of Address Information
The Service facilitates your change of address request with the USPS. Therefore, in consideration for your use of the Service, COA requires, and you agree, that you will provide us accurate, current, and reliable data when completing our change of address forms. You agree that without accurate data your change of address request cannot be processed correctly. COA will contact you if we determine that the information provided appears inaccurate. However, there are limitations with respect to the amount verification that we can perform. Therefore, you acknowledge and agree that you are the party responsible for the data submitted to the Service.
6. Payments and Refunds
Payment is due immediately upon completion of our change of address forms. COA will not process your request until payment has been received. All payments are final. COA will not refund the payment for your change of address request once we have started processing the request. We will start processing your request immediately after payment has been verified by our Payment Processor. COA will vigorously oppose any payment "charge backs" wrongfully initiated by you once we have started processing your request. The amount of payment due is specified on our payment form. This is the entire amount due for one change of address request.
5. Limited License
All content on the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Information"), are the property of COA or its licensors with all rights reserved. If you meet the requirements of Eligibility then you are granted a limited license to use the Service and the Information and to download and print a copy of any portion of the Information for non-commercial use, provided that you keep all copyright or other proprietary notices intact.
As pertaining to all the Information you may not make available, in any form and by any mechanism, said Information on any public or private website or incorporate the Information in any other database or compilation. Any use of the Information, other than as set forth herein, is strictly prohibited. This limited license allows you to use the Information only for lawful uses in accordance with the foregoing and does not allow you to sell the Information, use the Information for commercial use, or use any type of data mining, robots, or similar data gathering or extraction methods on the Service.
Absent prior written consent from COA, you may not copy or imitate any elements of the Service, including but not limited to graphics, digital images, logos, sounds, images, and buttons protected by trade dress and other laws. Absent prior written consent from COA, you may not use framing, metatags, or hidden text techniques in association with the COA logo, trademark or other copyrighted or proprietary information. Unless expressly stated in this Agreement, nothing herein shall be construed as conferring any license to intellectual property rights, in any form and by any mechanism. The COA limited license is revocable at any time without notice and with or without cause.
By using the Service, you thereby assign all right, title, and interest, including the copyright therein, in all Transmissions, to COA. Accordingly, COA shall own all intellectual property rights in the Transmissions and shall be entitled to unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation, or liability to you. By submitting such Transmissions to the Service, you irrevocably waive all "moral rights" in such Transmissions.
You agree to defend, indemnify, and hold COA, its parents, subsidiaries, affiliates, officers, agents and employees, its suppliers and their respective affiliates and agents harmless from all claims, liabilities, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to your use of the Service, including but not limited to: (1) your submission to this Service of any Transmission; (2) your alleged breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity.
8. Limitations of Liability
IN NO EVENT SHALL COA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE; OR FOR THE LOSS OF PROFITS OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE); OR OTHERWISE, EVEN IF COA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. TO THAT EXTENT, COA'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE AMOUNT PAID FOR THE CHANGE OF ADDRESS REQUEST THAT GAVE RISE TO THE ACTION OR $20.00 USD, WHICHEVER IS LESS.
YOU ACKNOWLEDGE THAT THE SERVICE AND THE INFORMATION THEREIN ARE PROVIDED ON AN "AS IS" BASIS AND THAT COA MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE OR THE INFORMATION. COA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING, OR ATTEMPTING TO USE, THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE THE FOLLOWING: (1) THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) COA DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS, OR ACCURACY OF THE INFORMATION; AND (3) COA DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY RELATED SERVERS ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT.
COA MAY PERIODICALLY CHANGE ANY OF THE INFORMATION ON THE SERVICE. COA RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES AT ANY TIME WITHOUT NOTICE TO YOU, OTHER THAN THAT WHICH IS SET FORTH IN THIS AGREEMENT. UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE IN THE SERVICE TO ANY PRODUCTS SERVICES, PROCESSES, OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE, SHALL CONSTITUTE OR IMPLY COA'S ENDORSEMENT OR SPONSORSHIP THEREOF.
The Service may include hypertext links to other websites over which COA has no control. COA makes no representations of any kind regarding the content on such websites or the content on any website linked to such websites or to any changes or modifications made thereto. You hereby acknowledge that by using any such hypertext links, you irrevocably waive any and all claims against COA regarding such websites and must adhere to the usage and privacy policies governing such sites. COA's usage of links does not imply our endorsement, or sponsorship, of any such websites.
All trademarks used on the Service are the property of their respective owners and may not be used without permission therefrom. Absent prior written consent from COA you may not copy, imitate, or use any portion of these marks.
12. User Conduct Restrictions: Impermissible Use and Activities
You agree not to use the Service or our servers ("Resources") to transmit data or code to or from said Resources which: (1) is unlawful, threatening or abusive; (2) encourages criminal or other activity that would reasonably give rise to civil liability or otherwise violate any local, state, federal, or international law; (3) is vulgar, profane, obscene, offensive, racially/ethnically objectionable, or hateful; (4) is pornographic, sexually explicit, or indecent; (5) contains false or misleading information; (6) inhibits another user from use or enjoyment of this Service; (7) is defamatory, libelous or otherwise unlawful; (8) contains a virus or surreptitious code; (9) contains any type of commercial component or advertising; or (10) allows for the harvesting of email addresses or other contact information, or the harvesting of information of any kind.
Furthermore you agree not to use said Resources to engage in the following kinds of activities: (1) transmit, upload, post, store, and share content of any kind that you are not the lawful owner or licensee of; (2) impersonate a person or entity or make misrepresentations regarding affiliations of any kind; (3) engage in any kind of behavior that can reasonably be construed as SPAMMING; or (4) engage in any behavior likely to cause harm to COA, our Resources, our users, or the public at large.
13. Data Collection
COA does not knowingly collect personally identifiable information (or information of any other kind) directly from anyone under the age of 13, with or without parental consent. If you have a good faith belief that COA has inadvertently collected such information, please contact COA at email@example.com. COA will take immediate steps to remove such information from our Service, databases and any other databases under COA's control.
14. Site Monitoring
You acknowledge that you are solely responsible for all of your activities in relationship to your use o the Service, including the contents of all Transmissions and the consequences thereof. You agree to indemnify, defend, and hold COA harmless from any liability arising from your use of the Service. While COA respects your privacy, you hereby acknowledge that this Agreement creates no reasonable expectation of privacy in any Transmissions. COA may, but is under no obligation to, use blocking and/or filtering software and other monitoring devices to prevent the dissemination of unsolicited electronic communications (SPAM). You may not use the Service in association with such SPAM, any computer viruses, or any other potentially damaging computer code. COA will prosecute violations to the fullest extent allowed by law and reserves the right to take additional action regarding any such activity or conduct. Such additional action may include recovery of costs and expenses associated with identifying offenders and preventing their access to the Service as well as loss of profits, damages, court costs, and attorney fees associated with the repair of any damaged property.
15. Governing Law
Any claim or controversy arising among or between the parties hereto pertaining to the Service, or any claim or controversy arising out of or with respect to any matter contained in this Agreement, or any differences as to the interpretation or performance of any of the provisions of this Agreement, other than those wherein either party has infringed or threatened to infringe the other party's intellectual property rights, or wherein you have violated COA's User Conduct Restrictions, shall be settled by arbitration in the State of Florida, and such arbitration shall be before three arbitrators of the American Arbitration Association (the "AAA") under its then prevailing rules.
Intellectual property rights, as defined herein, include patent, copyright, trademark or trade secrets. You and COA jointly acknowledge that arbitration is not an adequate remedy at law for actual or threatened infringement of either party's intellectual property rights or wherein the claim or controversy arises out of your violation of COA's User Conduct Restrictions. If either of the aforementioned potentialities occurs then it is agreed that injunctive relief or other appropriate relief may be sought.
In any arbitration involving this Agreement, the arbitrators shall not make any award which will alter, change, cancel or rescind any provision of this Agreement, and their award shall be consistent with the provisions of this Agreement. Any such arbitration must be commenced no later than one (1) year from the date such claim or controversy arose, or such claim shall be deemed to have been waived. The award of the arbitrators shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction.
Either you or COA may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from the Service. COA may terminate this Agreement immediately, without notice for any reason, or no reason, and reserves the right to block or prevent your future access to the Service.
19. Entire Agreement
This Agreement contains all of the terms and condition agreed to by you and COA with respect your use of the Service. It supersedes all prior agreements, arrangements and communications between the parties dealing with same, whether oral or written.
20. Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter.