Rocket Referrals Terms of Use Agreement

Last modified: November 24, 2015  
  1. Agreement. Welcome to Rocket Referrals. We, Rocket Referrals LLC (“We” or “Us”), own and operate a website called Rocket Referrals, which offers an online subscription service that provides automated, strategic referral services through personalized communications based on customer data analysis.The following terms and conditions (“Agreement”) govern any and all such use of the Rocket Referrals website and all content, services and products available at or through the website (taken together, the “Website” or “Service”). By accessing, viewing, and using this Website, whether as a Visitor or a User, “You” (or “Your”) agree to be bound by this Agreement and do hereby enter into the Agreement with Us of Your own free will, are of competent age and mental state, and are otherwise fully capable and qualified to be bound. These Terms of Use are subject, without notice, to change and modification from time to time. Your agreement to be bound shall extend to the Terms of Use as they now exist or as they are modified and/or changed. Use of the Website is offered subject to Your acceptance without modification of all of the terms and conditions contained in this Agreement and all other operating rules, policies (including, without limitation, Rocket Referrals’ Privacy Policy) and procedures that may be published from time to time on this Website by Rocket Referrals.IF YOU DO NOT AGREE TO BE BOUND THEN YOU ARE REQUIRED TO CEASE ALL USE OF THE WEBSITE AND ITS CONTENT. IF YOU HAVE INSTALLED A ROCKET REFERRALS PRODUCT OR APPLICATION ON ANY MOBILE DEVICE, YOU MUST REMOVE THE PRODUCT OR APPLICATION FROM YOUR DEVICE AND CEASE ALL USE OF THE SOFTWARE.
 
  1. User Account and Website License. Upon Your Acceptance of the terms of this Agreement, You will be able to use the Website to engage in the Service. You will be provided with a User Account. With this User Account, You will be able to upload contact information, send emails, send personalized cards, conduct surveys, request testimonials, receive net promoter calculations, and engage in other Interactive Services. All use of Your account shall be governed by the terms of this Agreement. If You create a User Account on the Website, You are responsible for maintaining the security of Your Account, and You are fully responsible for all activities that occur under Your User Account. You must immediately notify Rocket Referrals of any unauthorized uses of Your User Account or any other breaches of security. Rocket Referrals will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.Upon Your registration for a User Account, Rocket Referrals grants to You, and You do hereby accept, a limited, nontransferable, revocable license to access this Website and Service in accordance with the terms of this Agreement. You agree not to modify, alter, adjust, change, or amend the Website in any way.By accepting this license, You acknowledge that We have the right at Our sole discretion, to terminate Your User Account for violations of this Agreement. You also acknowledge that We have the right to limit the number of transmissions You may send or receive through our site, or limit the amount of storage space, bandwidth, or other resources You may use.
  1. User Contributions. The Website may contain communication portals and other interactive features (collectively, “Interactive Services”) that allow You to post, submit, publish, display or transmit to Us, Your Customers, or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use.By providing any User Contribution on the Website, You grant us the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material only as required by Us to perform the Service. You represent and warrant that:
    1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us; and
    2. All of Your User Contributions do and will comply with these Terms of Use.
    You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not Rocket Referrals, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. Rocket Referrals provides form content for communications between You and Your customers. The use or modification of Rocket Referrals content is deemed a User Contributions upon Your review and approval. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by You or any other user of the Website.
  1. Limitations. Further, this license does not include:
    1. the right to any downloading or copying of information for the benefit of another merchant;
    2. the right to use data mining, robots, spider, offline readers, or similar data gathering and extraction tools;
    3. the right to reproduce, duplicate, copy, sell, resell, sublicense, or otherwise exploit the site or any portion of this site for any commercial purpose except as set forth herein;
    4. the right to frame or utilize framing techniques to enclose any non-owned copyrighted material, trademark, logo, or other proprietary information (including images, text, page layout, or form) of Rocket Referrals or any other rights holder;
    5. the right to use any meta tags or any other “hidden text” utilizing the name or trademarks of any third party rights holder without their express written consent;
    6. the right to reverse engineer or otherwise decipher, decompile or derive any source code or underlying algorithms or ideas of any part of the website; or
    7. the right to engage in any of the activities prohibited in Section 8.

Engaging in any unauthorized use terminates any permission or license granted to You herein. Rocket Referrals further reserves the sole right to make determinations about any such Unauthorized Use.

 
  1. Fees and Payment. Once You have completed Your free trial period for the Service, You will be subject to monthly subscription fees in accordance with the pricing information available on the Website at http://www.rocketreferrals.com/pricing. The fees are based on the plan type. You will be required to submit payment monthly in advance for the Service (unless You have already provided payment or means of payment, such as credit card information) and may purchase, in advance, a monthly subscription for the Service. Access to the Service may be disabled until payment is received. Fees will be billed monthly or Your pre-paid account will be debited monthly for the Service, even if You are not actively using the Service. Any cards included in Your monthly plan will expire if not used within the month. If selected by You, You will also be billed for related offerings and services, including, without limitation, additional cards, in accordance with the pricing information available on the Website.You are responsible for remaining aware of the fees charged by us and any applicable discounts. The pricing and other fees are subject to change at any time in our sole discretion, and if You do not agree to any such changes, You should contact us to cancel Your account. We will use good faith efforts to notify You prior to the effectiveness of any significant change to the pricing and fees. For purposes of this Agreement, each unique email address will count as one User. Repeated uploading and removing of unique email addresses or otherwise trying to manipulate data in an attempt to circumvent our pricing structure or other billing procedures is prohibited. Any disputes about any charges to You under this Agreement must be submitted to us in writing within 60 days of the date such charges are incurred. You agree to waive all disputes not brought within the 60 day period, and all such charges will be final and not subject to challenge.Payment for the Products will be made by a valid credit card accepted by us. Fees are payable in U.S. dollars only. If the monthly payment option is selected or if You have previously provided us with Your credit card for payment, You hereby authorize us to charge Your credit card for such amounts on a regular monthly basis beginning at the end of Your free trial period and continuing until such time as Your Rocket Referrals account is terminated. If we are for any reason unable to effect automatic payment by credit card, we will attempt to notify You by email and Your Rocket Referrals account may be disabled until payment is received. We are required to collect and remit sales tax from our customers located in certain state and local jurisdictions, including those jurisdictions where software delivered as a service is taxable and where we maintain a physical presence. We determine Your local taxing jurisdiction based on the billing address that You list in the “Setup” section of Your Rocket Referrals account. You agree to be responsible for and to pay any sales, personal property, use, VAT, excise, withholding, or any other taxes that may be imposed, based on this Agreement, use or possession of this website or the Products, excluding taxes based on net income payable by us.
 
  1. Indemnification. You agree to defend, indemnify and hold harmless Rocket Referrals, its affiliates, licensors and service providers, and its and their respectiveofficers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms of Use or Your use of the Website, including, but not limited to, Your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or Your use of any information obtained from the Website.
 
  1. LIMITATION OF LIABILITY. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED HEREIN OR THEREIN. IN NO EVENT SHALL ROCKET REFERRALS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE LESSER OF (A) FIVE ($5.00) U.S. DOLLARS, OR (B) THE LOWEST AMOUNT TO WHICH ROCKET REFERRALS MAY LIMIT ITS TOTAL MAXIMUM AGGREGATE LIABILITY IN ACCORDANCE WITH APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF ROCKET REFERRALS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
 
  1. Prohibited Uses and Activities. Rocket Referrals considers certain User activity to be strictly prohibited under the terms of the License. You agree to obey all applicable rules and regulations in using the Website, and agree that You are responsible for the contents of Your submissions or communications through the site, including any and all content of any Correspondence You are sending, and the right to publish those details. You further agree to indemnify Rocket Referrals for any action, civil or criminal, arising out of any such Posting. The examples listed herein are non-exclusive and are provided solely for guidance to You. Rocket Referrals, at its sole discretion, reserves the right to discontinue using Your submission for any unlawful use. You agree to indemnify Rocket Referrals for any such violation of this Section or any other Federal, State or local law. In the event of uncertainty as to whether any contemplated use or activity is permitted, please contact Rocket Referrals for assistance. In addition to any other illegal uses or activities, the following constitute violations:
    1. Slander, Libel, Tortuous Interference with a Business: Using Rocket Referrals to Post any material that slanders or otherwise disparages any other person or business that may give rise to any such action is strictly prohibited. Rocket Referrals, at Our sole discretion, may make any such determination and terminate Your access to Your User Account. Further, You agree to fully indemnify Rocket Referrals for any such action that may arise as a result of such Posting, as described fully in Section 7.
    2. Copyright, Patent or Trademark Infringement: Using Rocket Referrals to Post any material that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any rights holder without their express authorization, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of digital or other photographs from magazines, books, or other copyrighted sources, the digitization and distribution of any other form of copyrighted image or trademark, and the unauthorized transmittal of any other form of intellectual property. All Rocket Referrals content, compilation of Content, and software included or used on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, is the property of Rocket Referrals or its content suppliers and are protected by United States and international copyright laws. You hereby agree not to make any use of any of the copyrighted material or content appearing on this site, without the express written permission of Rocket Referrals. This Agreement does not transfer from Rocket Referrals to You any Rocket Referrals or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Rocket Referrals or the other third part rights holder. Any trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of Rocket Referrals or other third parties. Your use of the Website grants You no right or license to reproduce or otherwise use any Rocket Referrals or third-party trademarks, copyrights or patents.
    3. Violation of the Digital Millennium Copyright Act (DMCA): Using Rocket Referrals to circumvent any technological measures used by copyright owners to protect their works or using service to produce or disseminate technology primarily designed or produced to circumvent DMCA protections, that have only limited commercially significant purpose or use other than to circumvent; or that are marketed for use in circumventing DMCA protections.
    4. Violation of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM): Using Rocket Referrals to engage in e-mail marketing communications that violate CAN-SPAM in any way, including without limitation using materially false or misleading header information and sending unsolicited messages without proper notices and opt-out mechanisms.
    5. Unlawful Use: Using Website in any manner that violates local, state or federal law, including without limitation using Rocket Referrals to transmit any material whose transmission is unlawful under any local, state or federal law applicable to such transmission.
    6. Harm to Minors: Using Rocket Referrals to harm, or attempt to harm, minors in any way; including but not limited to activities involving child pornography or the sexual exploitation of children.
    7. Threats: Using Rocket Referrals to transmit any material (by e-mail or otherwise) that illegally threatens or encourages bodily harm or destruction of property.
    8. Harassment and Cyberbullying: Using Rocket Referrals to transmit any material (by e-mail or otherwise) that harasses another under any Federal, State or local law.
    9. Fraudulent Activity: Using Rocket Referrals Service to make fraudulent offers to sell or buy products, items or services, or to advance any type of financial scam such as “pyramid schemes,” “Ponzi schemes”, unregistered sales of securities, securities fraud and “chain letters.”
    10. Forgery or Impersonation: Adding, removing or modifying identifying network, message or article header information in an effort to deceive or mislead is prohibited while using Rocket Referrals. Attempting to impersonate any person by using forged headers or other identifying information within Rocket Referrals is prohibited.
 
  1. Reporting Copyright Violations. If You believe that a User of the Website has violated or is violating Your copyright rights due to that User’s illegal, unlawful, or otherwise improper conduct, You (the copyright owner) or Your agent may submit a notification pursuant to the Digital Millennium Copyright Act 17 U.S.C. § 512(c)(3) (“DMCA”) by providing our Copyright Agent with the following information in writing: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Rocket Referrals to locate the material; information reasonably sufficient to permit Rocket Referrals to contact You, such as an address, telephone number, and, if available, an electronic mail; a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if You fail to comply with all of these requirements, Your DMCA notice may not be valid. Rocket Referrals’ designated Agent to receive notifications of claimed infringement is:Matthew Warner-Blankenship Attorney and Designated Agent for Rocket Referrals Davis Brown Law Firm 215 10th Street, Ste. 1300 Des Moines, Iowa 50309 Telephone: 515-288-2500 Facsimile: 515-243-0654 Email: mwb@davisbrownlaw.comFailure to comply with all of the requirements of the foregoing, may result in the waiver or invalidity of the DMCA. You may be liable for damages, including court costs and attorneys fees if You materially misrepresent that content on the Website constitutes copyright infringement. Rocket Referrals will advise the alleged infringer of the DMCA statutory counter-notification procedure as described in the DMCA, at which time the alleged infringer may respond to Your claim and ask that the content at issue be restored. Upon receiving Your notification of alleged copyright infringement, as set forth above, Rocket Referrals will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of Your claim. In accordance with the DMCA, Rocket Referrals has implemented a policy to terminated, when appropriate, access to the Website of any repeat infringer. As stated above, Rocket Referrals may terminate the access of any User at any time for any or no reason.
 
  1. Intellectual Property. All materials on this Web site (the “Materials”) are the exclusive property of Rocket Referrals and may be protected by intellectual property laws including laws relating to copyrights, trademarks, trade names, internet domain names, and other similar rights. © 2014 Rocket Referrals LLC. All rights reserved. Rocket Referrals’ trademarks, identified on this site with a TM or ®, are the exclusive property of Rocket Referrals, its owners and assigns. All other trademarks not owned by Rocket Referrals that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Rocket Referrals. You hereby agree not to make any use of any of the trademarks appearing on this site, without the express written permission of Rocket Referrals and/or the respective rights holder.
  1. Reliance on Information Posted. The information presented on or through theWebsiteis made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.This Website includes sample content to assist You with drafting correspondence. All statements and/or opinions expressed in the sample content are forms that may or may not be appropriate for Your use. It is Your responsibility to determine whether sample content is appropriate. We are not responsible, or liable to You or any third party, for the content or accuracy of any sample content You choose to use.
 
  1. Customer Information. You, not Rocket Referrals, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all data you upload (“Customer Data”) to the Rocket Referrals Service, and Rocket Referrals shall not be responsible or liable for the deletion, correction, destruction, damage, or loss of any data that result from your actions. Rocket Referrals is not responsible for restoring lost data or damage to Customer Data that results from your actions. You hereby grant to Rocket Referrals a non-exclusive, fully-paid and royalty-free license to reproduce, distribute, perform, display and otherwise use the Customer Data solely to provide the Service to You. Rocket Referrals will not use Customer Data for any purposes other than the provisioning of Service as described in these Terms and will not share or release any Customer Data for marketing purposes. You represent and warrant that: (i) You own or otherwise has the right to grant the license set forth in this section for the Customer Data, and (ii) the Customer Data does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity. Rocket Referrals has the right (but not the obligation) to review any Customer Data and delete any Customer Data that in the sole judgment of Rocket Referrals violates this Agreement; is prohibited content; is illegal; violates the rights, harms, or threatens the safety of any user or any other person; or creates liability for Rocket Referrals, its suppliers, or any user upon 30 days’ written notice specifying the alleged default or violation if the default or violation is not remedied within the notice period.
 
  1. Personal Information. You hereby agree and acknowledge that Rocket Referrals may utilize electronic means of information capture and usage such as cookies, domain name and host capture, browser software capture, IP address capture, and the like. Rocket Referrals reserves the right to collect and use such information in accordance with generally accepted industry practices. If You actively submit personal information to Rocket Referrals, Rocket Referrals shall use commercially reasonable efforts to safeguard and protect such information and to use such information only for the purposes intended; however, YOU ACKNOWLEDGE THAT THE SUBMISSION OF PERSONAL INFORMATION IS AT YOUR RISK AND THAT ROCKET REFERRALS WAIVES ALL WARRANTIES AND LIMITS ALL LIABILITY ASSOCIATED WITH SUCH INFORMATION TO THE FULLEST EXTENT PERMITTED UNDER THE LAW.
 
  1. Security.Rocket Referrals will maintain the Service subject to commercially reasonable security precautions to prevent unauthorized access to the Service. Maintenance of Customer Data and procedures relating to such maintenance shall comply with industry standards for the type of information maintained. However, Customer acknowledges that, notwithstanding such security precautions, use of or connection to the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to the Service. For more information relating to the Rocket Referrals Security Outline please see: http://help.rocketreferrals.com/knowledgebase/articles/671452-security-outline
 
  1. Disclaimer of Website Warranties and Waivers. THIS SITE IS PROVIDED “AS IS.” THE PROPRIETOR MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THE PRODUCTS, CONTENT, SOFTWARE, INFORMATION, OR SERVICES PROVIDED HEREIN, ALL SUCH EXPRESS OR IMPLIED WARRANTIES ARE EXPRESSLY WAIVED TO THE FULLEST EXTENT ALLOWED BY LAW, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY. THE PROPRIETOR DOES NOT WARRANT THAT THE SITE IS FREE FROM COMPUTER VIRUSES OR OTHER HARMFUL ELECTRONIC OBJECTS AND COMPONENTS. THE PROPRIETOR SHALL NOT BE LIABLE TO THE USER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES. AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, USER EXPRESSLY AGREES THAT USER’S USE OF THIS SITE IS AT USER’S SOLE RISK.YOU UNDERSTAND THAT WHEN USING THE WEBSITE, YOU WILL BE EXPOSED TO MATERIAL THAT MAY BE OR IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE TO YOU. ROCKET REFERRALS IS NOT RESPONSIBLE FOR THE FOREGOING AS WELL AS ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO USER SUBMISSIONS. YOU HEREBY AGREE TO WAIVE ANY AND ALL LEGAL OR EQUITABLE RIGHTS OR REMEDIES THAT YOU MAY HAVE OR MAY HAVE AGAINST ROCKET REFERRALS WITH RESPECT THERETO.DUE TO TECHNICAL DIFFICULTIES WITH THE INTERNET, INTERNET SOFTWARE OR TRANSMISSION PROBLEMS COULD PRODUCE INACCURATE OR INCOMPLETE COPIES OF INFORMATION CONTAINED ON THIS WEB SITE. COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROGRAMS MAY ALSO BE INADVERTENTLY DOWNLOADED FROM THIS WEBSITE. ROCKET REFERRALS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT THE USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THIS WEBSITE OR YOUR DOWNLOADING OF ANY OF THE MATERIALS FROM THIS WEBSITE. ROCKET REFERRALS RECOMMENDS THAT YOU INSTALL APPROPRIATE ANTI-VIRUS OR OTHER PROTECTIVE SOFTWARE.
 
  1. Applicable Law. By visiting this site, You agree that any disputes concerning or involving these Conditions of Use, or the use of this site, shall be governed in accordance with the laws of the State of Iowa. You hereby consent to the personal jurisdiction of the courts of the State of Iowa for resolution of all disputes concerning or involving this Agreement, or Your use of this Website.
 
  1. Amendment. Rocket Referrals reserves the right to amend this Agreement at any time, by posting on this Website said amended Agreement, Your use and continued use of this Website is deemed an agreement to be bound by any such Amendments.
 
  1. Limitations on Actions. YOU AGREE THAT ANY CAUSE OF ACTION THAT MAY ARISE, RESULT, OR OCCUR AS A RESULT OF YOUR USE OF THE WEBSITE, OR FROM ENTERING INTO THIS AGREEMENT, MUST BE COMMENCED NOT LONGER THAN ONE (1) YEAR FROM THE DATE SUCH CAUSE OF ACTION ACCRUES, OTHERWISE YOU WAIVE ALL RIGHT TO BRING SUCH CAUSE OF ACTION AND SUCH ACTION IS FOREVER BARRED AND DISCHARGED.
 
  1. Transferability. Your agree that Your rights and obligations under this Agreement may not be transferred, assigned, licensed, or otherwise alienated without the express written permission of Rocket Referrals, wherein said permission may be denied for any reason.
 
  1. Links and Third Party Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Rocket Referrals.com links, and that link to Rocket Referrals.com, and that have been posted to other services through the Rocket Referrals.com software. Rocket Referrals does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, Rocket Referrals does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Rocket Referrals disclaims any responsibility for any harm resulting from Your use of other websites and webpages.
 
  1. Privacy Policy. You agree to be bound by the Privacy Policy found at www.rocketreferrals.com/privacy, which is incorporated into this Agreement by reference as if fully set forth herein.
 
  1. Ability to Accept Terms of Service. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set from in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, You affirm that You are over the age of 18, as the Website is not intended for children under 18. If You are under 18 years of age, please do not use the Website.
 
  1. Responsibility of Website Visitors. Rocket Referrals has not reviewed, and cannot review, all of the material, including links to computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Rocket Referrals does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Rocket Referrals disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
 
  1. Termination. Rocket Referrals may terminate Your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate this Agreement or Your User Account (if You have one), You may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Rocket Referrals may retain any data and Posted content associated with Your Account for up to five years from the date of termination.
 
  1. General Representation and Warranty. You represent and warrant that (i) Your use of the Website will be in strict accordance with the Rocket Referrals Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in Iowa regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside) and (ii) Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
 
  1. Miscellaneous. This Agreement constitutes the entire agreement between Rocket Referrals and You concerning the subject matter hereof, and there may only be modified by a written amendment signed by an authorized executive of Rocket Referrals, or by the posting by Rocket Referrals of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign Your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Rocket Referrals may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.