MyNameFlow Terms of Use

MyNameFlow Terms of Use Please read these Terms carefully. By using the MyNameFlow website or registering for an account, you’re agreeing to these Terms. This is a legal agreement (“Agreement”). MyNameFlow (“MyNameFlow” or the “Service”) is a marketing automation tool offered through the URL (we’ll refer to it as the “Website”) that allows you to capture and manage prospect contact information as well as send and manage email newsletters (each message is called an “Email”) to individual recipients. MyNameFlow is owned and operated by Rocksurance Solutions Inc., a New Jersey corporation (“MyNameFlow,” “we,” or “us” or “our”). MyNameFlow has employees, independent contractors, and representatives ("our Team"). As a customer of the Service or a representative of an entity that’s a customer of the Service, you're a “Member” according to this Agreement (or “you”). These Terms of Use (“Terms,” including our Privacy Policy) define the terms and conditions under which you’re allowed to use MyNameFlow and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us. ACCOUNT 1. Eligibility In order to use MyNameFlow, you must: • be at least eighteen (18) years old and able to enter into contracts; • complete the registration process; • agree to the Terms; and • provide true, complete, and up to date contact information. By using MyNameFlow, you represent and warrant that you meet all the requirements listed above, and that you won’t use MyNameFlow in a way that violates any laws or regulations. MyNameFlow may refuse service, close accounts of any users, and change eligibility requirements at any time. 2. Third-Party Services The Service provided to Member under this Agreement include certain services developed, provided or maintained by third-party service providers of MyNameFlow (“Third Party Providers”). Access to or use of any those services (“Third Party Services”) by Member is subject to any separate agreement that Member may enter into (or may have entered into) relating to those Third Party Services (each, a “Third Party Service Agreement”). The terms of any Third Party Service Agreement will apply to the applicable Third Party Services provided under that Third Party Service Agreement in addition to the terms of this Agreement. Except as set forth in this Agreement, the terms of any Third Party Service Agreement will control in the event of a conflict between the terms of this Agreement and that Third Party Service Agreement. All other Third Party Services will be subject to the terms of this Agreement. Each Third Party Provider retains all right, title and interest in and to all Third Party Services and all software, hardware or other technology used to provide those services, and any additions, improvements, updates, and modifications thereto. Each Third Party Provider will be a beneficiary of the terms of this Agreement as to the Third Party Services provided by the Third Party Provider and will have all rights necessary to enforce this Agreement against Member in the case of any breach of those terms. 3. A) Restricted License to Member On the condition that you comply with all your obligations under these Terms, MyNameFlow hereby grants you a non-exclusive, non-transferable, restricted license (without the right to sublicense) to access the Websites and use the Service in accordance with these Terms and the instructions and guidelines posted on the Websites. MyNameFlow reserves the rights to terminate your license to use the Websites and Service at any time and for any reason or in the future charge for commercial usage. You may not use the Service to substantially replicate products or services offered by MyNameFlow including the republication of MyNameFlow content or the creation of a separate professional networking platform. If MyNameFlow believes, in its sole discretion, that you have violated or attempted to violate these Terms, your ability to use and access the Service may be temporarily or permanently revoked, with or without notice. MyNameFlow reserves the right to investigate possible violations of these Terms, block users from accessing the Service, and refer matters to law enforcement authorities for further investigation. We may disclose information to third parties, in accordance with our Privacy Policy. You agree that if MyNameFlow determines or reasonably suspects that you are reselling or brokering the Service’s information, programs, computer applications, or data, or is otherwise violating any provision of these Terms, MyNameFlow may take immediate action, including terminating the delivery of, and the license to use, the Service. MyNameFlow reserves the right to use whatever means it deems appropriate to monitor your compliance with these Terms. MyNameFlow reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of MyNameFlow, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 3. B) Restricted Member License to Data MyNameFlow grants to Member a nontransferable license to use any Licensed Data provided by MyNameFlow subject to the restrictions below. As used herein, “Licensed Data” means the information and data supplied by MyNameFlow and provided to Member as part of the Service. Member shall not retain or use any Licensed Data or other information or data provided by MyNameFlow for any purpose other than marketing to Member’s prospects and clients. Member acknowledges that the Licensed Data is owned by MyNameFlow or the data owners who provided the Licensed Data to MyNameFlow (collectively, MyNameFlow and the other direct and indirect suppliers of the Licensed Data are referred to herein as the “Data Suppliers”), and that Member has no proprietary rights in the Licensed Data other than those granted hereunder. Member acknowledges and agrees that the Data Suppliers are an intended third party beneficiary of the provisions of this Agreement and as such are entitled to directly enforce in their own name the rights and obligations undertaken by Member and MyNameFlow and to seek all legal and equitable remedies as are afforded to Data Suppliers. Member agrees that any use of the Licensed Data, including its use in advertisements or marketing campaigns (the “Advertisements”), will comply with applicable privacy policies and all privacy, email compliance, data protection, do not solicit, credit, and any other laws, statutes and governmental regulations applicable to such use of the Licensed Data; (ii) Advertisements shall be devoid of any reference to the source of the recipient’s name and address or to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation; (iii) Member shall use the Licensed Data for marketing and management purposes only and shall not transfer possession, right or title of or to such data for any other purpose whatsoever; and (iv) Member agrees to indemnify and hold harmless Data Suppliers from and against any and all losses arising out of or resulting from Member’s misuse or unauthorized use of the Licensed Data. Member’s right to use Licensed Data provided through the Service shall be limited to a term of no more than one year from the date Member first receives the data. Member agrees that, if the Agreement or right to use the Licensed Data is terminated for any reason, Member shall remove all Licensed Data from its systems and devices under its control or in its possession. Member hereby acknowledges that MyNameFlow and Data Suppliers are intended third party beneficiaries of the provisions of this Agreement, and as such shall be entitled to directly enforce in their own names the rights and obligations undertaken by Member and to seek all legal and equitable remedies as are afforded to Member. 4. Content from Member Member will be responsible for all data, information and other content (“Content”) provided by Member in connection with the services provided under this Agreement. Member will not provide and will not permit any third party to provide or to use the services provided under this Agreement to provide, any Content that: (a) infringes, misappropriates or violates any intellectual property or other rights of any third-party; (b) is defamatory, harmful to minors, obscene or child pornographic; (c) contains any viruses or programming routines intended to damage the services or any software, hardware or other technology used to provide the services or surreptitiously intercept or expropriate any data or information; or (d) is false, misleading or inaccurate. MyNameFlow and its Third-Party Providers will not be responsible or liable for any deletion, correction, destruction, damage, loss or failure to store or back-up any Content. MyNameFlow and its Third Party Providers may take remedial action if any Content violates this Section, however MyNameFlow and its Third Party Providers are under no obligation to review any Content for accuracy or potential liability. 5. License Grant from Member Member grants to MyNameFlow and its Third Party Providers all necessary rights and licenses in and to all Content necessary for MyNameFlow and its Third Party Providers to provide the services under this Agreement. Member will maintain an adequate back-up of all Content and MyNameFlow and its Third Party Providers will not be responsible or liable for any deletion, correction, destruction, damage, loss or failure to store or back-up any of any Content. Member represents and warrants that Member has all necessary right, title, interest and consent necessary to allow MyNameFlow and its Third Party Providers to use all Content as set forth in this Agreement and as otherwise necessary to provide the services under this Agreement. 6. Your Data In order to use some features of these Websites, you may choose to provide us with information, or access to information, to create and automatically update your MyNameFlow account, such as files, social networking data, messages, and imported email archives (collectively, “your data”). You own your data, and may request deletion of your data at any time, unless you have shared your data with others and they have not deleted it, or it was copied or stored by other users while displayed by you to others through the Service. In order to host your information within the MyNameFlow Service and provide the associated benefits of using the MyNameFlow Service, you grant us and our service providers a non-exclusive, worldwide, transferrable right to copy, modify and use your data to provide the Service subject to our Privacy Policy. MyNameFlow requires these rights in order to create and update your MyNameFlow account, host your files, or share them at your direction. You may also provide us with your login credentials for certain Third Party Platforms (“Third Party Login Credentials”). You hereby authorize us to utilize those Third Party Login Credentials to incorporate your data, from those Third Party Platforms into your data in our Service. You represent and warrant that you have the right to provide us with your data and to permit us to use and disclose your data within the parameters authorized by these Terms or our Privacy Policy MyNameFlow and its Third Party Providers will have the right to collect, extract, compile, synthesize, and analyze data and information resulting from or relating to the use or operation of the services under this Agreement (“Service Data”). Any Service Data collected by MyNameFlow or any Third Party Provider will be owned by the party collecting the Service Data and may be used by that party for any lawful business purpose without a duty of accounting to Member subject to the then current Privacy Policy applicable to the Service under this Agreement. Member consents to the use and disclosure of personally identifiable and other data and information as described in this Agreement and in the then-current Privacy Policy applicable to the Service. You, and not MyNameFlow, are responsible for maintaining and protecting a separate permanent record of all of your data, if you wish to retain your data. MyNameFlow will not be liable for any loss or corruption of your data, or for backing up or restoring any of your data. 7. Term The Term begins when you sign up for MyNameFlow and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for MyNameFlow on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf. 8. Closing Your Account You or MyNameFlow may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we'll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you if there’s cause, like a violation of these Terms. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. 9. Changes We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of MyNameFlow. We may change the Website, the Service, or any features of the Service at any time. 10. Account and Password Each account may only contain contact information for one individual and that individual must be you. All of the e-mail and social media accounts must be owned by you. You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password. 11. Account Disputes We don’t know the inner workings of your organization or the nature of your personal relationships, and we don't arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the contact information listed for that account. PAYMENT 12. Monthly Plans Our charges for monthly plans are posted on our Website and may be changed from time to time. Any corporate discounts will be noted in your account information. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment (the "Pay Date"). If you go over your contact limit and reach another pricing level, then you'll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level. 13. Credit Cards As long as you’re a Member or have an outstanding balance with us, you'll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed. 14. Refunds We’ll give you a refund for a prepaid month if we stop providing our Service to you for a reason that's not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website. 15. Changes We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email. RIGHTS 16. Proprietary Rights Owned by Us You shall respect our proprietary rights in the Website and the software used to provide MyNameFlow (proprietary rights include patents, trademarks, service marks, and copyrights). You may only use our brand assets with our express written permission. 17. Proprietary Rights Owned by You You represent and warrant that you either own or have permission to use all of the material in your Emails uploaded by you. You retain ownership of the materials you upload to the Service. We may use or disclose your materials only as we describe in these Terms and our Privacy Policy. You grant to MyNameFlow the right to cite your company as MyNameFlow client, and to use or display your company's name or logo on the Site. In addition, you hereby grant to MyNameFlow the right to use and display your company's name and logo in promotional materials. 18. Privacy Policy We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms. 19. Right to Review Email Campaigns We may view, copy, and internally distribute content from your Emails and account to create algorithms and programs ("Tools") that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws. RULES AND ABUSE 20. General Rules You promise to follow these rules: You may not: • Send Spam. By "spam," we mean the definition on the Spamhaus website. In short, spam is "unsolicited bulk email." • Put into your Email any material that wasn’t created by you, provided for you to use, or that would violate anyone's rights. That includes text, photos, graphics, and other content. • Use any misleading or incorrect names, addresses, email addresses, subject lines, or other information on the Website or in any Emails created or sent using our Service. • Share your password. • Decipher, decompile, disassemble, or reverse engineer any of the software on our Website, or in any way used or downloaded from the Website. • Use any of the software on our Website, or downloaded from the Website, to create a competing product. • Use a robot or other software to extract contacts from MyNameFlow. • Set up multiple accounts for any person or entity in order to send similar content, unless you’re part of a franchise. • Import or incorporate any of this information into any lists, emails or uploads to our servers: Social Security numbers, passwords, security credentials, or sensitive personal information of any kind. • Send email through MailChimp that will be delivered to recipients as text, SMS, or MMS messages. • Use an outside unsubscribe process. • Upload or send to purchased lists, rented lists, or third-party lists of any kind. • Send content created in MyNameFLow through another service. • Host images on our servers for any purpose other than for use in your email campaigns. • Delete, bulk unsubscribe, or otherwise modify your list in order to avoid our billing thresholds. • Include contacts of persons who have unsubscribed from your list on other e-mail services. • Send anything offensive, illegal or to harass anyone. You will not send any of the following: • Pornography or other sexually explicit Emails • Emails offering to sell illegal goods or services • Emails that violate CAN-SPAM Laws • Marketing or commercial email without permission You will not send e-mails that promote any of the following types of services, products or content: • Escort and dating services • Pharmaceutical products • Work from home, make money on online, and lead generation opportunities • Online trading, day trading tips, or stock market-related content • Gambling services or products • Multi-level marketing • Affiliate marketing • Credit repair and get out of debt opportunities • Mortgages and loans • Nutritional, herbal, and vitamin supplements • Adult novelty items or references • List brokers or list rental services You may only use MyNameFlow to send Emails to people and entities that either: 1. Gave you written (including electronic) permission to send Emails to them, have not withdrawn that permission, and: a. gave you that permission in the past 12 months; or b. didn’t object to promotional content you sent them in the past 12 months. 2. Gave you their name and email address in connection with a purchase, or negotiations to purchase, a product or service from you, have not opted out from receiving your emails, and either: a. purchased something from you or negotiated a purchase from you in the past 12 months; or b. didn’t object to promotional content you sent them in the past 12 months. If you send Emails to a list and you get an unusual amount of SPAM complaints, ISPs will start blocking emails from your company. They’ll also ask MyNameFlow to shut down your account. So if you don't have proof that every recipient on your list opted-in to receive your emails, or otherwise meets the requirements listed above, then don’t import the email addresses into MyNameFlow. If you violate any of these rules, then we may suspend or terminate your account. 21. Reporting Abuse If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a MyNameFlow user, we want to hear about it. Please report it to our abuse team. If you think anyone has posted material that violates any copyrights, then you may notify us according to our Copyright Policy. 22. Bandwidth Abuse/Throttling You may only use our bandwidth for your MyNameFlow emails. We provide image hosting only for your email campaigns, so you may not host images on our servers for anything other than your email campaigns (like a website). 23. A) Compliance with Laws You represent and warrant that your use of MyNameFlow will comply with all applicable laws and regulations. You’re responsible for determining whether our Service is suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, FINRA regulations or other laws. If you're subject to regulations (like HIPAA) and you use our Service, then we won't be liable if our Service doesn't meet those requirements. You’re solely responsible to have the e-mails approved by your organization’s compliance department even if those e-mails were created by us. You’re also responsible for submitting the e-mails to FINRA, if applicable, prior to the e-mails being sent even if those e-mails were created by us. If for some reason you are unable to have those emails approved by your organization’s compliance including any submissions to FINRA, you must notify us at least 48 hours in advance of the e-mail being sent by e-mailing us at If you’re located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating your Email distribution list, sending Emails via MyNameFlow, and collecting information as a result of sending Emails, you: 1. Will clearly describe in writing how you plan to use any data collected, including for your use of MyNameFlow. You’ll get express consent to transfer data to MyNameFlow as part of this process, and you’ll otherwise comply with whatever privacy policy you have posted. 2. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through MyNameFlow. 3. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow MyNameFlow to receive and process data and send communications to that individual on your behalf. 4. Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties. 23. B) FCRA MyNameFlow is not a consumer-reporting agency ("Consumer Reporting Agency") as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA") and MyNameFlow’s Licensed Data, data services and reports do not constitute “Consumer Reports”, as that term is defined in the FCRA. Member shall not use or provide MyNameFlow services or data for any purposes enumerated in the FCRA in lieu of obtaining a Consumer Report. Member shall not use or provide any Licensed Data, data services or reports: 1. in connection with establishing a consumer’s eligibility for credit or insurance to be used primarily for personal, family or household purposes, or in connection with assessing risks associated with existing credit obligations of a consumer; 2. for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee; 3. for any tenancy verification or in connection with any application to rent real property; 4. in connection with a determination of a consumer’s eligibility for a license or other benefit that depends on an applicant's financial responsibility or status; 5. as a potential investor or servicer, or current insurer, in connection with a valuation of, or assessment of credit or prepayment risks associated with, an existing credit obligation; 6. in connection with any information, service or product sold or delivered to a “Consumer” (as that term is defined in the FCRA) that constitutes or is derived in substantial part from a Consumer Report; or 7. for any other purpose under the FCRA. Member shall not use or provide MyNameFlow services or data for the preparation of a Consumer Report or in such a manner that may cause such data to be characterized as a Consumer Report. Member agrees that it will not take any “Adverse Action” (as that term is defined in the FCRA), which is based in whole or in part on MyNameFlow’s services or data, against any Consumer. 24. U.S. Export Controls The software that supports the Service (the "Software") is subject to United States export controls. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You’re downloading and using the Software at your own risk. LIABILITY 25. Limitation of Liability To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any downloads from the Website or loss of data. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before. Member agrees that responsibility and liability for the services provided under this agreement is strictly with MyNameFlow. No Third Party Provider will have any liability under this agreement or otherwise in connection with any services provided under this agreement (including Third Party Services), including, without limitation, for any direct, indirect, incidental, special, exemplary, consequential or other form damages, however caused, under any theory of liability, whether in contract, strict liability or tort (including negligence or otherwise), even if such party has been advised of the possibility of such damages, including, without limitation, any loss of data, opportunity, revenues or profits, business interruption, or procurement of substitute goods or services. In jurisdictions where the foregoing limitation of liability is not permitted, the liability of any Third Party Provider will be limited to the maximum extent permitted by law. 26. Warranties To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Member represents, warrants, and covenants that: (1) Member has the legal right and authority to enter into this Agreement; (2) Member has the legal right and authority to perform its obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement Member enters into in connection with any of the services provided under this Agreement; (3) all Content is in compliance with the terms of this Agreement; and (4) Member will access and use the Service provided under this Agreement is in compliance with the terms of this Agreement. 27. Indemnity Member agrees to and hereby does indemnify, defend, and hold harmless MyNameFlow, its Third Party Providers and their respective affiliates, employees, agents, contractors, assigns, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from or relate to any claim or allegation against any Indemnified Party arising from Member accessing or using the services provided under this Agreement (including any Third Party Services) or from any email or other communication generated or sent through such services or any content contained therein, whether or not in breach of this Agreement. Member also agrees to indemnify and hold Indemnified Parties harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms. 28. Attorney Fees If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded. 29. Liquidated Damages In some cases, a breach of these Terms could cause damages, but proving the actual damages would be impossible. These cases will result in the corresponding liquidated damages, which are a reasonable pre-estimate of the damages: If you send emails that violate anti-Spam laws, then the liquidated damages will be five times the amount you paid us over the past 12 months, but not less than $900. If you upload contacts from a purchased, rented, or third-party lists of email addresses, then the liquidated damages will be five times the amount you paid us over the past 12 months, but not less than $900. If you host images for anything other than your Emails, or use our resources in any way that’s not permitted by these Terms, then the liquidated damages will be four times the amount you paid us over the past 12 months, but not less than $720. If you don’t pay an amount due within thirty (30) days after we send you a late payment notice, then the liquidated damages will be three times the total amount you paid us over the past 12 months, but not less than $540 plus the amount owed. 30. Equitable Relief If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief. 31. Subpoena Fees If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition. 32. Disclaimers We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members. The sole warranties regarding the Service provided under this agreement are those express warranties (if any) provided to Member by MyNameFlow under this Agreement. All Third Party Services are provided by each Third Party Provider strictly “as is” and “as available” and all Third Party Providers expressly disclaim any and all warranties and representations of any kind with regard to all Third Party Services, whether express, implied or statutory, including, without limitation, any warranties of fitness for a particular purpose, merchantability, title or non-infringement. No oral or written information or advice given by MyNameFlow or any Third Party Provider will create any warranties by or on behalf of Third Party Provider. FINE PRINT 33. Notice to U.S. Government End Users The Software and Website, including all documentation, are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, and consist of "Commercial Computer Software" and "Commercial Computer Software Documentation." The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users: 1. only as Commercial Items, 2. with the same rights as all other end users, and 3. according to the Terms Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is Rocksurance Solutions Inc., a New Jersey Corporation, P.O. Box 409, Stratford, NJ 08084. 34. Assignments You may not assign any of your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity at our discretion. 35. Choice of Law The State of New Jersey’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in New Jersey, and each party will be subject to the jurisdiction of those courts. 36. Force Majeure We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers. 37. Survivability Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement. 38. Severability If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid. 39. Interpretation The headers and sidebar text are provided only to make this Agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted. 40. Amendments and Waiver Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point. 41. No Changes in Terms at Request of Member Because we have so many Members, we can’t change these Terms for any one Member or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions. 42. Further Actions You’ll provide all documents and take any actions necessary to meet your obligations under these Terms. 43. Notification of Security Breach In the event of a security breach that may affect you or anyone on your Email distribution lists (each a "List"), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do it. 44. Notices Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, MyNameFlow, P.O. Box 409, Stratford, NJ 08084, or any addresses as we may later post on the Website. 45. Entire Agreement These Terms, including our Privacy Policy (which are incorporated into these Terms by reference), and any Additional Terms you’ve agreed to make up the entire Agreement and supersede all prior agreements, representations, and understandings.