Thank you for using GOVTRANSFER, ("App”) which is owned and provided by Data Exchange Solutions LLC. We refer to the App and GOVTRANSFER.com website as a SaaS ("Service”).
Your use and access of the Service is governed by and subject to these Terms and Conditions, and Policy Statement. If you do not agree to these Terms and Conditions, or Policy Statement, please do not use the Service. In addition, use of the Service will be subject to any restrictions or limitations that may be contained in the Data Exchange Solutions LLC Master Service(s) Agreement.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
BY ACCESSING, BROWSING, OR OTHERWISE USING GOVTRANSFER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS.
Your use of the Service is conditioned upon your compliance with this Section 6 ("Acceptable Use Restrictions”).
You shall not upload to, transmit through, store, access, share, or display via the Service any content or material that:
(a) is unlawful, fraudulent, threatening, abusive, harassing, libelous, defamatory, obscene, or otherwise objectionable, except as expressly permitted below for authorized criminal justice, public safety, prosecutorial, judicial, or official government purposes;
(b) infringes, misappropriates, uses, or discloses without authorization any intellectual property, proprietary, privacy, publicity, confidentiality, contractual, or other legal right of GovTransfer, another user, or any third party;
(c) contains confidential, proprietary, trade secret, or sensitive information of GovTransfer or any third party, unless you are authorized to upload, transmit, store, access, or receive such information through the Service;
(d) violates the privacy rights, publicity rights, civil rights, constitutional rights, or other legal rights of any person;
(e) impersonates any person or entity, falsely states or misrepresents your affiliation with any person or entity, or uses any fraudulent, misleading, or inaccurate contact information;
(f) violates any applicable federal, state, local, or international law, rule, regulation, court order, agency policy, or contractual obligation;
(g) states or implies that you are endorsed by GovTransfer without GovTransfer’s prior written consent;
(h) exploits, abuses, endangers, or harms minors in any way, including by creating, soliciting, possessing, uploading, transmitting, distributing, displaying, accessing, or receiving child sexual abuse material, child exploitation material, or any material depicting minors engaged in sexually explicit conduct, except as expressly permitted below for authorized criminal justice, public safety, prosecutorial, judicial, or official government purposes;
(i) contains unsolicited promotions, political campaigning, advertising, spam, solicitations, or other unauthorized commercial communications;
(j) contains malware, viruses, worms, trojan horses, defects, logic bombs, time bombs, corrupted files, or any other software, code, files, or programs intended or likely to damage, disrupt, disable, overburden, impair, intercept, or interfere with the Service, any system, or any data; or
(k) in GovTransfer’s reasonable judgment, is inappropriate or objectionable, restricts or inhibits any other person from using or enjoying the Service, threatens the security, integrity, or availability of the Service, or may expose GovTransfer, its officers, directors, employees, contractors, customers, users, or any third party to harm or liability.
Notwithstanding the foregoing, the restrictions in this Section 6 are not intended to prohibit authorized law enforcement agencies, prosecuting authorities, courts, criminal justice agencies, public safety agencies, government agencies, or their authorized personnel from uploading, transmitting, storing, accessing, receiving, or sharing evidence, contraband, criminal justice information, public safety information, investigative materials, case-related files, or other sensitive materials through the Service when such activity is lawful, authorized, and undertaken for legitimate investigative, prosecutorial, judicial, evidence-management, public safety, interagency, records, or other official government purposes.
Without limiting the foregoing, materials that may be unlawful, obscene, exploitative, contraband, disturbing, or otherwise prohibited for members of the general public to possess, access, or distribute, including child sexual abuse material, child exploitation material, or other evidence of sexual exploitation or abuse of minors, may be uploaded, transmitted, stored, accessed, received, or shared through the Service only by authorized users, only for lawful official purposes, and only in accordance with applicable law, agency policy, court order, protective order, retention requirement, chain-of-custody obligation, CJIS requirement where applicable, and any other security, confidentiality, or handling requirement imposed by the applicable agency or authority.
Customer and its users are solely responsible for ensuring that any evidence, criminal justice information, contraband, sensitive material, regulated content, or other Customer Data uploaded, transmitted, stored, accessed, received, or shared through the Service is handled by authorized personnel and in compliance with applicable law, agency policy, court order, protective order, retention requirement, chain-of-custody obligation, and any applicable criminal justice information security requirement. GovTransfer does not review, classify, screen, or determine the legality, evidentiary status, sensitivity, or required handling procedures for Customer Data.
You shall not use the Service to engage in any of the following activities:
(a) accessing, using, uploading content to, downloading content from, or attempting to access or use another user’s account, data, files, or workspace without authorization;
(b) using the Service for any unlawful, fraudulent, abusive, exploitative, or unauthorized purpose;
(c) interfering with, disrupting, impairing, overburdening, or attempting to gain unauthorized access to the Service, GovTransfer systems, GovTransfer networks, another user’s account, or any related systems or networks;
(d) modifying, adapting, sublicensing, translating, selling, reselling, renting, leasing, reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code, structure, sequence, organization, or underlying ideas of any portion of the Service, except to the extent such restriction is prohibited by applicable law;
(e) removing, altering, or obscuring any copyright, trademark, confidentiality, proprietary rights, digital watermark, security notice, or other notice contained in or displayed through the Service;
(f) framing, mirroring, embedding, or otherwise displaying any portion of the Service without GovTransfer’s prior written authorization;
(g) using any robot, spider, scraper, crawler, site search/retrieval application, automated tool, manual process, or other device or process to access, retrieve, scrape, index, data mine, copy, monitor, or circumvent the navigational structure, security controls, access controls, or presentation of the Service;
(h) harvesting, collecting, using, or disclosing information about other users except as authorized through the Service and in connection with a legitimate official or business purpose;
(i) bypassing, disabling, or attempting to bypass or disable any security, authentication, authorization, access control, audit, logging, encryption, retention, or usage-limiting feature of the Service; or
(j) assisting, encouraging, or enabling any other person or entity to do any of the foregoing.
GovTransfer may suspend or terminate access to the Service, remove or disable access to content, preserve content or account information, or take any other action it deems reasonably necessary if GovTransfer believes that a user has violated this Section 6, that use of the Service may violate applicable law, that use of the Service may threaten the security, integrity, or availability of the Service, or that such action is necessary to protect GovTransfer, its customers, users, personnel, systems, or third parties. Where appropriate and legally permissible, GovTransfer may notify the applicable Customer or authority of such action.
Data Exchange Solutions LLC is committed to respecting and protecting the legal rights of copyright owners. As such, Data Exchange Solutions LLC adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Materials infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a "DMCATakedownNotice”). To be valid, a DMCA Takedown Notice must (a) be provided to Data Exchange Solution’s General Counsel, as set forth below, and (b) include the following:
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;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled;
Provide an address, telephone number, and, if available, an email and permission to contact you;
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, under penalty of perjury, that the notification is accurate, and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
GOVTRANSFER’s General Counsel to receive DMCA Takedown Notices is:
General Counsel
Mail: Data Exchange Solutions LLCDISPUTE RESOLUTION; ARBITRATION; CHOICE OF LAW. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
YOU AGREE THAT BY USING THE SERVICE, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST DATA EXCHANGE SOLUTIONS LLC ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS, YOUR USE OF THE SERVICE, OR YOUR DEALINGS WITH GOVTRANSFER SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA”), AS MODIFIED BY THIS SECTION. THE ARBITRATION WILL BE CONDUCTED BY ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED BY DATA EXCHANGE SOLUTIONS LLC. FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, YOU MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN LANSING, MICHIGAN. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.
THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED. YOU WILL NOT BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN CLASS ACTION OR CLASS ARBITRATION. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OF USE, YOUR USE OF THE SERVICE, OR YOUR DEALINGS WITH DATA EXCHANGE SOLUTIONS LLC MUST BE COMMENCED IN ARBITRATION WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT TWO (2)-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH A STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF THE STATE OF MICHIGAN SHALL APPLY.
YOU AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THE ARBITRATION PROVISION—I.E. WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION—SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THESE TERMS AND CONDITIONS TO THE CONTRARY, IF THE CLASS-ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE YOU AGREE THAT YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS. IF THE ARBITRATION PROVISION IN THIS SECTION IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, THEN THE PROCEEDING MUST BE BROUGHT EXCLUSIVELY IN THE STATE COURTS OF COMPETENT JURISDICTION OR THE UNITED STATES DISTRICT COURT LOCATED IN GRAND RAPIDS, MICHIGAN, AS APPROPRIATE, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES, AND YOU STILL WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PROCEED IN A CLASS OR COLLECTIVE ACTION, AND REMAIN BOUND BY ANY AND ALL LIMITATIONS ON LIABILITY AND DAMAGES INCLUDED IN THESE TERMS AND CONDITIONS. THIS ARBITRATION AGREEMENT WILL SURVIVE TERMINATION OF YOUR USE OF THE SERVICE AND YOUR RELATIONSHIP WITH DATA EXCHANGE SOLUTIONS LLC. THIS ARBITRATION AGREEMENT INVOLVES INTERSTATE COMMERCE AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16 ("FAA”), AND NOT BY STATE LAW.
General Counsel
Mail: Data Exchange Solutions LLCTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THESE TERMS AND CONDITIONS, OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE, APP, OR GOVTRANSFER.COM WEBSITE WILL BE: (A) WHERE SUCH LIABILITY RELATES TO THE MASTER SERVICES AGREEMENT, OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THAT SUBSCRIBER AGREEMENT WILL BE THE VALUE OF FEES PAID BY THE PRINCIPAL FOR THE PAST THREE (3) MONTHS; OR (B) IN RELATION TO ANY OTHER CLAIM, THE AMOUNT OF $2,000.
IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF GOVTRANSFER, APP, OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF GOVTRANSFER.COM, APP, OR SERVICES EXCEPT AS SET FORTH IN A MASTER SERVICES AGREEMENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”.
IF YOU ARE ACCESSING THE SERVICE FROM NEW JERSEY, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SERVICE; AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE GOVTRANSFER AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SERVICE; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST GOVTRANSFER FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF GOVTRANSFER AND THEIR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS "WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.