Introduction

This Amendment to Nivafy Terms of Service for Government Users (“Amendment”) hereby incorporates and modifies the Nivafy Terms of Service (“Terms”) and pertains specifically to the utilization of Nivafy Services by U.S. Government entities (“you” or “Agency”) in an official capacity (“Government Use”). All provisions contained in the Terms remain fully effective except where expressly stated otherwise in this Amendment. In cases where a conflict arises between this Amendment and the Terms or any other Nivafy terms, guidelines, or policies related to the Services, this Amendment will take precedence. It is important to note that this Amendment does not categorize Nivafy as a government contractor for any Agency. Certain terms used in this Amendment are defined within the Terms.

1. Government Entity

In the context of Government Use, the terms “you” and “your” as used in the Terms refer exclusively to the Agency itself and do not extend to, nor obligate, individuals using the Services on behalf of the Agency.

1. No Endorsements

Nivafy agrees that your name, seals, trademarks, logos, service marks, trade names, and the mere fact that you employ the Services will not be employed by Nivafy in a manner that implies or explicitly states that the Agency endorses, sponsors, or recommends the Services. With the exception of content areas within the Agency’s control or for links to such content, Nivafy commits not to exhibit any Agency seals, trademarks, logos, service marks, or trade names on its homepage or elsewhere on its webpage without prior permission from the Agency or another relevant U.S. Government authority. Nivafy may include the Agency’s name in a publicly accessible customer list on its homepage, in promotional materials, or elsewhere, provided that the name is not displayed in a more prominent manner than that of any other third-party name.

1. Terms Inconsistent with Federal Law

The sections within our Terms titled “Indemnity,” “Arbitration, Class-Action Waiver, and Jury Waiver,” “Exclusive Venue,” and “Choice of Law” will be applicable only to the extent that they do not conflict with federal law. For Government Use, these Terms, as well as any claims or disputes arising from or related to Government Use (whether contractual, tortious, or otherwise), will be subject to federal law, without consideration of conflict of laws principles. In the absence of federal law and as far as permitted under federal law, the laws of the State of California shall govern.