Jason HeadsetsDotCom (formerly Jason Sadler) through BuyMyLastName LLC (“Jason,” “he,” or “we”) is selling the right to select his new last name to the highest bidder (“you”). If you are the highest bidder, you will get to decide what Jason’s new last name will be. The purpose of this venture is to be a marketing tool for the winner.
Jason will legally change his last name in the state of Florida to the new last name selected by the winner. He will get a new driver’s license with his new last name. He will also change his last name on his Facebook account, his Twitter profile, his YouTube channel, and his personal blog. Jason will purchase a domain to reflect his new last name.
The auction will start on Tuesday, November 12, 2013. The auction will close at midnight Eastern Time on Thursday, December 12, 2013. (This means you can bid all day on December 12th. The second the clock strikes midnight to start December 13th, the auction is over.)
2. Rules about Changing Jason’s Last Name
The winner will get to decide what Jason’s new last name will be, but there are some limits as to what his last name will be.
3. How to Bid
You must create an account on this website to bid in the auction. To create an account, you must provide your name, email address, phone number, credit card number, and billing information that corresponds to that credit card.
You must enter a valid credit card number that has a credit limit of at least $1,000 to create an account. This credit card will not be charged when you place your bid, but it will be authorized for $1,000. The card will NOT have a hold placed on it for any reason. See Sections 6 and 7 for more information about payment.
You must provide your true information when creating your account. If you provide false information, Jason will report you to law enforcement for fraud.
All bids must be in U.S. dollars.
The website updates bid information in real time, but Jason is not responsible for the speed of your computer or internet connection.
4. What You Get If You Win
The winner will get to decide what Jason’s new last name will be. The name you select must comply the rules above. Jason will legally change his last name to the last name you pick by January 1, 2014 and he will not change it until the last day his is able to legally change his name in 2014. (If this adventure is a success, he might auction off his last name again next year so he’ll have to change his last name at the end of 2014 to start 2015 with his next last name.)
Jason will announce his new last name after he has received payment for 25% of the total winning bid. See below for additional payment information.
5. What You Don’t Get If You Win
The only thing you get is the ability to pick Jason’s new last name and to have this change reflected on his driver’s license, Facebook account, Twitter account, personal blog, and personal YouTube channel. Of course he’ll document all these changes so you’ll get plenty of exposure that way. If you want Jason to do anything else for you – like appearances or anything related to your marketing materials – that will cost extra. That’s something you’ll have to negotiate with Jason and BuyMyLastName LLC.
6. Payment Requirements
If you win the auction, you must pay 25% of your bid via wire transfer within 48 hours of the auction closing (December 14, 2013). We will contact you from firstname.lastname@example.org to make arrangements for the wire transfer. The balance must be paid in full by January 2, 2014 at 4pm Eastern Time.
7. What Happens If You Don’t Pay On Time
If payment is not received as indicated above, by placing the winning bid, you’ve authorized Jason to charge the credit card you used to create your account on this website to procure payment.
If you win the auction and back out within 48 hours of the auction closing, the next highest bidder will be the new winner. Jason will contact the new winner to arrange payment in full by January 2, 2014.
8. What Happens If Jason Can’t Get His Name Legally Changed by January 1, 2014
We don’t anticipate there being any problems with Jason legally changing his last name on his driver’s license; however if that occurs, Jason will still change his last name to the name you’ve chosen on Facebook, Twitter, his personal blog, and his personal YouTube channel by January 1, 2014. He will change his name on his Florida driver’s license as soon as it is possible to do so after January 1, 2014.
We have a deep respect for your privacy. You are required to provide personal information to create an account, including a credit card number and billing information. We make you provide this to (1) show that you’re serious about bidding and (2) to collect payment in the event you don’t provide it by another means. We will use your email address and phone number to contact you with information about the auction and to communicate with you if you are the winner. We promise to never spam you or sell your information to a third party.
You must provide accurate information when creating your profile and select a password. Do not share your password with anyone to avoid having someone bid on your behalf without authorization.
Only those individuals who will need your information will have access to it. We are using Stripe to process the winning credit card if necessary. We will not have access to your credit card numbers.
We will only share your information with a third party if we have a good-faith belief that sharing the information is necessary to comply with a law, regulation, or enforceable government request; to investigate potential violations or technical issues on this website; or to protect against harm to us, our users, or our affiliates’ rights, property, safety, or to the public as permitted by law.
There are cookies on this website, but only to retain your login information if you request it.
10. Modification of Terms & Conditions
Jason reserves the right at any time to modify any of these terms and conditions as he deems necessary. Changes to this Agreement may occur, however, without notice. Any changes will be effective upon the changes being added to this document. Continued use of the website communicates acceptance by you of the new terms and conditions. The terms that are in place when the auction closes will be the terms of the agreement between the winner and Jason.
We suggest, therefore, that you read the terms and conditions periodically to stay informed about any changes. Any use of this website by you after the changes are made shall constitute acceptance of such modifications. If any changes are necessary, we expect they will be minor. We’re not trying to pull a bait-and-switch on you.
11. Warranty Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. NEITHER JASON SADLER, BUY MY LAST NAME LLC, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTIES AS TO (1) THE RESULTS THAT MAY BE OCCUR FROM USE OF THIS WEBSITE OR (2) THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS WEBSITE.
THIS WEBSITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. JASON HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
12. Limitation of Liability
IN NO EVENT SHALL JASON OR BUY MY LAST NAME LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
You agree to defend, indemnify, or hold harmless Jason, his affiliates, and his respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of our related to BuyMyLastName LLC or this website.
To the extent permitted by law, you hereby release Jason from any and all claims or liability related to this website and any conduct, whether online or offline, of any other user.
14. Dispute Resolution
By using this website, you agree that any claim, dispute, or controversy you might have against Jason arising out of, relating to, or connected in any way with this Agreement or website, shall be resolved exclusively in a court located in St. Johns County, Florida. Florida law shall govern all disputes related to this website.
The parties may mutually agree to resolve a claim, dispute, or controversy by final and binding arbitration in St. Johns County or other mutually agreed upon location. The arbitrator must apply Florida law consistent with the Federal Arbitration Act and applicable statute of limitations, and shall honor claims of privilege recognized by law. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can only decide your or Jason’s individual claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If we are unsatisfied with the result of arbitration, we may appeal the result by filing a claim in St. Johns County Court. Florida law will govern all appeals.
In all claims, disputes, and controversies related to this Agreement or website, the prevailing party’s attorneys’ fees will be paid by the other party in addition to any damages assessed against them.
This Agreement shall constitute the entire agreement of the parties with respect to the subject matter in this document. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. If a provision is found to be invalid, the parties hereby request that the intention of the invalid provision be upheld wherever possible. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided by this Agreement.
Jason may terminate this Agreement with you at any time for violations of the website’s terms and conditions. Without limiting the foregoing, he shall have the right to immediately terminate or suspend any passwords or accounts in the event you engage in any conduct Jason in his sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.
17. Contact Information
Questions may be sent to Jason HeadsetsDotCom at BuyMyLastName LLC, 117 Island Drive, Ponte Vedra Beach, FL 32082 or via email at email@example.com.