top of page
Search

Terms and Conditions

Updated: Jun 12

Effective Date: May 28th, 2025


1. Acceptance


By accessing govtron.com or any page that links to these Terms (“Site”), you (“you”, “user”, “visitor”) agree to be bound by this agreement with GovTron LLC (“GovTron”, “we”, “our”). If you do not agree, leave the Site immediately.


2. Scope vs. Contracted Services

These Terms govern public use of this Site only. Any SaaS, on-prem, or licensed software we provide to a US government department or agency is governed by the signed master contract, purchase order, and/or end-user license agreement (“Agency Contract”). If these Terms conflict with an Agency Contract, the Agency Contract controls.

3. Who May Use This Site

You must be at least 18 years old and legally able to form contracts to access the Site. You access the Site solely for legitimate business or informational purposes.


4. Limited License


We grant you a non-exclusive, revocable, non-transferable license to view and download publicly available content for your internal, non-commercial use. No other rights—express or implied—are granted.

5. Intellectual Property


“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, in each case, under the laws of any state, country, territory, or other jurisdiction. 

You agree that our Site and services contain proprietary information and material that we own, and that is protected by applicable intellectual property and other laws, including but not limited to patent, trademark, and copyright, and that you will not use such proprietary information or material in any way whatsoever except for use of the services and Site in compliance with these Terms, and Privacy Policy. Except as set forth herein, you agree not to exploit the services or Site in any unauthorized way whatsoever, including but not limited to, by reverse engineering products, or trespassing or burdening network capacity. 

THE USE OF ANY PART OF THE SITE, EXCEPT FOR USE OF THE SITE AS PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND/OR TRADEMARK INFRINGEMENT 

All copyrights in and to the Site are owned by us and/or our licensors.  

All of our trademarks, service marks, graphics, and logos used in connection with the services and Site are trademarks or registered trademarks of GovTron in the U.S. and/or other countries.  You are granted no right or license with respect to any of the aforesaid trademarks or any use of such trademarks.


6. Prohibited Conduct


In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our Intellectual Property Rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or any service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site and service or any related website for violating any of the prohibited uses.


7. US Government End-User Notice (FAR/DFARS)


The Site and all downloadable materials are “commercial computer software” under 48 CFR § 2.101 and 48 CFR § 252.227-7014. Government end users accept only the rights herein. Unpublished rights are reserved under US copyright law.


8. Errors, Inaccuracies, and Omissions


Occasionally, there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product or service descriptions, pricing, promotions, offers, product charges, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted an order for service). 


We undertake no obligation to update, amend, or clarify information in the service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.


9. Privacy

Use of personal data is explained in our Privacy Policy, accessible via the Site’s footer menu, or by clicking here. By using the Site, you consent to the Privacy Policy.


10. Third-Party Links


Certain content, products, and services available via our Site or service may include materials from third parties.


Links on this Site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties. 


We are not liable for any harm or damages related to purchasing or using goods, services, resources, content, or other transactions connected with any third-party websites. Please review the third party's policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

11. Disclaimers


  • No Warranty. The Site is provided “AS IS” and “AS AVAILABLE,” with no warranties of any kind, express or implied.

  • No Advice. Content is for general information; it is not engineering, procurement, security, or legal advice.

  • No Guarantee of Availability. We may modify or discontinue the Site at any time without notice.


12. Limitation of Liability


We are not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms, including, but not limited to: (i) your use of or your inability to use our Site or services; (ii) delays or disruptions in our Site or services; (iii) viruses, spyware, malware, trojan horses, or other malicious software obtained by accessing, or linking to, our Site or services; (iv) glitches, bugs, errors, or inaccuracies of any kind in our Site or services; (v) damage to your hardware device from the use of the Site or services; (vi) the content, actions, or inactions of third parties’ use of the Site or services; (vii) a suspension or other action taken with respect to your account or Agency Contract; and (viii) your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms.


Some jurisdictions do not allow such exclusions; where prohibited, they do not apply.


13. Indemnification


You will indemnify, defend, and hold harmless us and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for any and all claims, damages, liabilities, costs, losses, and expenses (including attorneys’ fees) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party against an Indemnified Party (“Indemnified Claims”) and any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party (“Indemnified Liabilities”) relating to or arising out of: (a) your or your agents’ use of the services, including any payment obligations or default incurred through use of the services; (b) any work product related to your use of the services; (c) any Agency Contract entered into by you or your agents, (d) your or your agents’ failure to comply with the Terms; (e) you or your agents’ failure to comply with applicable law; (f) negligence, willful misconduct, or fraud by you or your agents; and (g) you or your agents’ violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights. For purposes of this Section, your agents include any person with apparent authority to access or use your account or the services demonstrated by using your username and password.

14. Changes to Terms


We may update these Terms at any time. Material changes will be posted on this page with a new “Effective Date.” Continuing to use the Site after changes constitutes acceptance.


15. Disputes and Resolutions


15.1 Process; Arbitration. If a dispute arises between you and us or our affiliates, our goal is to resolve the dispute quickly and cost-effectively. Accordingly, you, us, and our affiliates agree to resolve any and all claims, disputes, or controversies that arise out of or relate to these Terms and any Agency Contract, your relationship with us, the termination of your relationship with us, or the services (each a “Claim” and collectively, “Claims”) through binding arbitration on an individual basis in accordance with this Section (sometimes referred to as the “Arbitration Provision”).

 

Claims that may not be subject to a predispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203), or by generally applicable law, are excluded from the coverage of this Arbitration Provision. 

By agreeing to arbitrate disputes under this Agreement, THE PARTIES ARE EXPRESSLY GIVING UP ANY AND ALL RIGHTS TO A JURY TRIAL OR COURT TRIAL BEFORE A JUDGE. The parties instead elect to have Claims resolved by arbitration. The arbitrator’s decision shall be final and binding on the parties, subject to review on the grounds outlined in the Federal Arbitration Act (“FAA”). 


15.2 Alternative Dispute Resolution. Before serving a demand for arbitration of a Claim, you and GovTron agree first to notify each other of the Claim. You agree to notify us of the Claim by email to legal@govtron.com, and we agree to provide you with a notice at your email address on file (in each case, a “Notice”). You and GovTron will then seek an informal voluntary resolution of the Claim. Any Notice must include pertinent account information, a brief description of the Claim, and contact information, so that you or GovTron, as applicable, may evaluate the Claim and attempt to informally resolve it. Both you and GovTron will have 60 days from the date of receipt of the Notice to informally resolve the other party’s Claim and avoid the need for further action. 


15.3 Binding Arbitration; Class Action/Jury Trial Waiver. This Arbitration Provision applies to all users located in or who reside in the United States and its territories. In the unlikely event the parties are unable to resolve a Claim within 60 days of the receipt of the applicable Notice, you, GovTron, and our affiliates agree to resolve the Claim by final and binding individual arbitration before an arbitrator from JAMS, instead of a court or jury.  

15.4 Scope of Arbitration Agreement and Conduct of Arbitration. This Arbitration Provision applies to any Claim the parties may have, whether based on past, present, or future events, and includes all claims and disputes that arose between the parties before the effective date of these Terms or the Agency Contract, and survives after your relationship with us ends. To avoid doubt, Claims covered by this Arbitration Provision include, but are not limited to, all claims, disputes, or controversies arising out of or relating to any Agency Contract and the Terms. This Arbitration Provision is intended to resolve conflicts that otherwise would be resolved in a court of law or before a forum other than arbitration. If, for any reason, JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for the appointment of a neutral arbitrator. 


Except as otherwise provided in these Terms, arbitration will be conducted in Dover, Delaware in accordance with the JAMS Comprehensive Arbitration Rules and Procedures’ Optional Expedited Arbitration Procedures then in effect. Arbitration of disputes brought by a user that allege a violation of a consumer protection statute also will be subject to the JAMS Consumer Arbitration Minimum Standards, and such arbitrations will be conducted in the same state and within 25 miles of where the user is located. The applicable JAMS arbitration rules may be found at www.jamsadr.com or by searching online for “JAMS Comprehensive Arbitration Rules and Procedures,” “JAMS Employment Arbitration Rules,” or “JAMS Consumer Arbitration Minimum Standards.” Any dispute regarding the applicability of a particular set of JAMS rules shall be resolved exclusively by the arbitrator. Any party will have the right to appear at the arbitration by telephone and/or video rather than in person. 


You and GovTron will follow the applicable JAMS rules with respect to filing or initial appearance and arbitration fees. The arbitrator shall follow applicable law and may award only those remedies that would have applied had the matter been heard in court. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. 


Nothing in this Arbitration Provision prevents you from making a report to or filing a claim or charge with a government agency, including without limitation the Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs. Nothing in this Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision. This Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Arbitration Provision. Nothing in this Arbitration Provision prevents or excuses a party from satisfying any conditions precedent or exhausting administrative remedies under applicable law before bringing a claim in arbitration. We will not retaliate against you for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act. 


15.5 Interpretation; Enforcement. This Arbitration Provision is the full and complete agreement relating to the formal resolution of Claims. The arbitrator shall have exclusive jurisdiction to decide all disputes arising out of or relating to the arbitrability of a Claim or the interpretation, enforcement, or application of this Arbitration Provision, including the enforceability, revocability, scope, breach, or validity of the Arbitration Provision or any portion of the Arbitration Provision, except as expressly provided below. All such matters shall be decided by an arbitrator and not by a court. The parties expressly agree that, except as provided by the Class and Collective Waiver section below, the arbitrator and not a court will decide any question of whether the parties agreed to arbitrate, including but not limited to any claim that all or part of this Arbitration Provision, Agency Contract, or any other part of the Terms are void or voidable. In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable.

15.6 Class and Collective Waiver. Private attorney general representative actions under the Delaware Labor Code are not arbitrable, not within the scope of this Arbitration Provision and may be maintained in a court of law. However, this Arbitration Provision affects your ability to participate in class or collective actions. Both you and GovTron agree to bring any dispute in arbitration on an individual basis only, and not on a class or collective basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action, or as a member in any such class or collective proceeding (“Class Action Waiver”). Notwithstanding any other provision of these Terms or Agency Contract or the JAMS rules, disputes regarding the enforceability, revocability, scope, validity, or breach of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If there is a final judicial determination that all or part of the Class Action Waiver is unenforceable or that an arbitration can proceed on a class basis, then the arbitration provision herein shall be considered null and void in its entirety and the class or collective action to that extent must be litigated in a civil court of competent jurisdiction. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. You and GovTron agree that you will not be retaliated against as a result of your filing or participating in a class or collective action in any forum. However, GovTron may lawfully seek enforcement of this Arbitration Provision and the Class Action Waiver under the Federal Arbitration Act and seek dismissal of such class or collective actions or claims. 

15.7 Enforcement of this Arbitration Provision. This Arbitration Provision replaces all prior agreements regarding the arbitration of disputes and is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Provision. In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable.


16. Governing Law and Venue

  • Law. These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules. The Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.).

  • Forum. Any suit must be filed in the state or federal courts located in Dover, Delaware. You consent to personal jurisdiction there.


17. Miscellaneous Terms

17.1 Entire Agreement. These Terms, together with the Agency Contract and Privacy Policy, are the only agreements between you and us regarding the services, and supersedes all prior agreements for the services, and supersedes any prior agreements between us for actions occurring after the effective date of these Terms.  


17.2 Modifications. We may modify these terms and will provide you with reasonable advance notice of substantial changes. Subject to the conditions set forth herein, we may amend these Terms and any other agreements at any time by posting a revised version on the Site. We will provide reasonable advance notice of any amendment that includes a change to the terms of the Terms that materially reduces your rights or increases your responsibilities (“Substantial Change”), by posting the updated Terms on the Site and providing notice on the Site or by email. Any revisions to the Terms will take effect on the noted effective date. No modification or amendment to the Terms will be binding upon us unless they are agreed in a written instrument signed by a duly authorized representative of GovTron or posted on the Site by us.  


17.3 Waiver. Our failure to act regarding a breach by you or others does not waive our right to act regarding subsequent or similar breaches. We do not guarantee that we will take action against all breaches of these Terms or the Agency Contract. 


17.4 Assignability. You may not transfer any rights you have under our Terms unless we give you approval. 


17.5 Severability; Interpretation. If any provisions of these Terms are invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions of these Terms will continue in full force and effect. To the extent any provision of these Terms is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in one jurisdiction will not in any way affect the legality, validity, or enforceability of that or any other provision in any other jurisdiction. 


17.6 Force Majeure. When certain circumstances beyond your or our control arise, we both will be temporarily relieved from performing our obligations under these Terms. The parties to these Terms will not be responsible for any delay or failure to perform any obligation under this Agreement for a reasonable period due to labor disturbances, accidents, fires, floods, pandemics, telecommunications or Internet failures, strikes, wars, riots, rebellions, terrorism, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar event beyond the parties’ reasonable control. 


17.7 Language and Location. The English language version of the Terms will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any. The Site is controlled and operated from our facilities in the United States. 


17.8 Site Access Outside of the U.S. We make no representations that the Site or services are appropriate or available for use outside of the United States. Those who access or use the Site from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable laws and regulations, both in the United States and abroad, including export and import regulations (e.g., the Export Administration Regulations maintained by the U.S. Department of Commerce and the sanctions programs maintained by the U.S. Department of the Treasury Office of Foreign Assets Control). You must not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end user without obtaining any and all required authorizations from the appropriate government authorities. In order to access or use the services, you must and hereby represent that neither you, any company you represent, nor any beneficial owner of you or your company are: (a) a citizen or resident of a geographic area in which access to or use of the Site or services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, you will immediately cease using the Services, and your license to use the services will be immediately revoked. 


17.9 Consent to Electronic Communications. We and our affiliates may need to provide you with certain communications, notices, agreements, statements, or written disclosures regarding our services. You consent to receive these records electronically from us and our affiliates rather than in paper form.


18. Contact Us


GovTron LLC Attn: Legal Officer 3708 Colegrove St.San Mateo, CA 94403 USA



 
 

Related Posts

See All
bottom of page