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Terms

Last modified January 3, 2024


GovAutomations and its websites, GovAutomations.com and its sub-domains, (collectively the “Service”), APG Emerging Tech (Aligned Partner Group LLC) (the “Company”), and the organizations who license the Service for the purpose of conducting business operations (the “Customers”) provide website features and functionality when you visit or engage with the Service, in each case subject to your compliance with these Terms of Use (collectively, “us”, “we”, “our”).


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICE. These Terms of Use (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your”, or “User”) and us concerning your access to and use of the Service and any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.


These Terms set the rules for the User’s access and use of the Service, including any content and services offered through the Service. By using this Service, you accept these Terms of Use. If you do not want to agree to these Terms of Use, you must leave the Service and refrain from having any access to it in the future.


By using the Service, you affirm that you are able and legally competent to agree to and comply with these Terms of Use or if you are not legally competent to agree to them, then you may not use the Service.


The Service is intended for users who are at least 18 years old. By using this Service, you represent and warrant that you are of legal age to consent to these Terms. If you do not meet the legal age requirements to consent to these Terms, you must exit the Service and refrain from having any access to it in the future.


The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.


Any application for other services provided by Company and/or Customer will be subject to a separate agreement that will be provided to you. THE TERMS DO NOT COVER THESE OTHER SERVICES, unless expressly stated herein.


Privacy & Security


Please review our Privacy Policy, which you agree to as part of your agreement to these Terms. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.


Changes to the Terms of Use and to the Service


We reserve the right, at any time, to change these Terms of Use, our Privacy Policy, and/or the Service. Updated Terms are published here and we will revise the “Last Modified” date at the top of this page. 


The modified Terms of Use will be effective immediately upon posting on the Service. Your use of the Service or engagement with the Company or Customers following any such change constitutes your agreement to follow and be bound by the Terms of Use as revised. Further, by using the Service, you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms. The revised Terms of Use supersede all previous versions, notices or statements, regarding the Service. If we request, you agree to sign a non-electronic version of these Terms of Use. 


We encourage you to periodically review this page for the latest information on our terms of use.


Intellectual Property Rights


The Service contains valuable service marks and/or trademarks owned and used by the Service, Company, or Customers (collectively, the “Service Marks”). Any use of the Service Marks without the prior written permission is strictly prohibited. The arrangement and layout of the Service, including but not limited to, the Service Marks, images, text, graphics, buttons, screenshots, digitally downloadable files, and other content or material (collectively, the "Service Content"), are the sole and exclusive property of Service, Company, or Customers.


UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SERVICE IS PROHIBITED.


Acceptable Use and Content


We may change the content of this Service from time to time. However, this content is not necessarily complete or up-to-date and we are not under any obligation to update it.


You agree and acknowledge that we do not endorse the businesses, products, or services offered in the Service and you shall hold us harmless from any harm caused by your interactions with the Service. To the extent permitted by law, we disclaim all liability (including special, indirect, or consequential) for loss directly or indirectly arising from your use of, or reliance on, the Service or the Service content.


We provide no guarantee that access to the Service will be available or that the Service is free from viruses or anything else which may damage any computer which accesses the Service or any data on such a computer. We may from time to time restrict access to any part or whole of the Service at our discretion. By using this Service, you agree to do so at your sole risk.


You are responsible for taking all reasonable care in preparing, maintaining, and updating the information you share with the Service. Without prejudice to our other rights under these terms, we do not represent or warrant (either express or implied) the accuracy, reliability, or completeness of any Service content. You acknowledge and accept that the Service content may include omissions and/or errors. Service content is subject to change at our sole discretion without notice to you and may not be up to date or accurate at the time you access it.


By submitting User Content and otherwise using the Service, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own, or have permission from the rightful owner of such rights to post such User Content and to grant us all of the rights granted herein; (ii) submit any User Content containing minors’ likenesses that does not comport with relevant laws, rules, and regulations (iii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iv) use the Service to harm any person or entity, including Company or Customer; (v) impersonate any person or entity, including but not limited to, a representative of Company or Customer, or falsely state or otherwise misrepresent your affiliation with a person or entity; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Service; (vii) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (viii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Service or any other computer software or hardware or telecommunications equipment; (ix) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (x) collect, store or use personal information about other users of the Service without their consent; (xi) use the Service (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (xii) use any of the Service in any manner that could overburden or impair any of the Service or the networks or systems connected to the Service; and/or (xiii) use any device, software or instrumentality to interfere with the proper working of the Service or disobey any requirements, procedures, policies or regulations of networks connected to the Service.


You also agree that you will not violate or attempt to violate the security of the Service. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations.


Links to Other Websites


The Service may contain links to third-party websites ("Other Sites") that are not under our control. We make no claim and accept no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the Service or link to the Service. We  provide these links to you as a convenience and the inclusion of any link does not imply endorsement by us of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites.


Site Management


We reserve the right, but not the obligation, to: (1) monitor the Service for perceived and actual violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting any such User to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.


Without prejudice to our other rights under this Agreement, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Service, prohibiting you from accessing the Service, blocking computers  using your IP address from accessing the Service, contacting your internet service provider to  request that they block your access to the Service and/or bringing court proceedings against you.


If you are in breach of the Terms, you hereby indemnify us against any loss, damages, costs, liabilities, and expenses (including but not limited to legal expenses) suffered resulting from any potential or actual breach by you.


User Representations


By using the Service, you represent and warrant that: (1) all information you submit will be true, accurate, current, and complete; (2) you have the legal capacity and you agree to comply with these Terms; (3) you are not under the age of 18; (4) you will not access the Service through automated or non-human means, whether  through a bot, script or otherwise; (5) you will not use the Service for any illegal or unauthorized purpose; and (6) your use of the Service will not violate any applicable law or regulation.


If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Service (or any portion thereof).


You agree to take all reasonable precautions to prevent unauthorized third parties or  persons from accessing or using Service data in a way that would constitute a breach of this  Agreement.


Please be advised the Service is hosted in the United States. If you access the Service from any other region of the world with laws or other requirements governing personal data collection, use,  or disclosure that differ from applicable laws in the United States, then through your continued use  of the Service, you are transferring your data to the United States, and you expressly consent to  have your data transferred to and processed in the United States.


Feedback


You may choose to submit comments, questions, ideas, suggestions, or other feedback relating to the Services (“Feedback”) to us. We may freely use, copy, disclose, license, distribute, and exploit any Feedback for any purpose whatsoever, including, but not limited to, the development, production, and marketing of the Service or its features without any obligation or royalty due to you.


Open Records


You acknowledge that Customers may be a government agency and subject to any provisions in state open records acts or other applicable provisions of the applicable state law. By agreeing to these terms, you agree to allow us to make determinations regarding an appropriate response to the Open Records request. All efforts will be made to protect personally identifiable information from disclosure, except as required by law.


Trademarks


The Customer name and all related names, logos, product and service names, designs, and slogans are trademarks of the Customer or its affiliates. The Company name and all related names, logos, product and service names, designs, and slogans are trademarks of the Customer or its affiliates. The User shall not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their respective owners.


Indemnity


You agree to indemnify us and our agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Service, including any User Content you submit, post to or transmit through the Service, (ii) your violation of these Terms of Use or (iii) your violation of any rights of another user.


Limitations on Liability


In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages,  including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, including, without limitation, any materials, services, contacts, and/or products provided to you on  or through the site, whether or not you have purchased or provided any consideration for such. By accessing the site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver.


Governing Law


These Terms and your use of the Service are governed by and construed in accordance with the laws of the State of Georgia applicable to agreements made and to be entirely performed within the State of Georgia, without regard to its conflict of law principles.


Legal Disputes


PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS OF USE OTHERWISE PROVIDE, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. Other rights that you would have if you went to court, such as access to discovery or appeals, also might be unavailable or limited in arbitration.


United States Dispute Resolution and Arbitration Agreement


Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Service, Company, or Customer in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this arbitration agreement applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.


Overview of Dispute Resolution Process. Service, Company, and Customers are committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this applies: (1) an informal negotiation directly with Service’s customer service team, and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and we each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.


Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and we each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Company by mailing it to: APG Emerging Tech, 2101 Reynolds Walk Trail, Greensboro, GA 30642. Company will send its notice of dispute to the email address associated with your use of the Service. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).


Agreement to Arbitrate. You and we mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Service or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and we agree that the arbitrator will decide that issue.


Exceptions to Arbitration Agreement. You and we each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction as defined by the Governing Law section of this agreement: (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and we agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.


Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by the arbitrator in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.


Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, we agree that any required arbitration hearing may be conducted, at your option: (a) in Greene County; (b) via phone or video conference. If the amount in controversy is $2,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.


Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.


Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.


Jury Trial Waiver. You and we acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.


No Class Actions or Representative Proceedings. You and we acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.


Severability. Except as provided in the section “No Class Actions or Representative Proceedings” above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.


Changes to Agreement to Arbitrate. If we change this Arbitration Agreement after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and us (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and us.


Survival. This Arbitration Agreement will survive any termination of these Terms and will continue to apply even if you stop using the Service.


Assignment


You hereby acknowledge and agree that we may assign, transfer, sub-contract, or otherwise deal with our rights and/or obligations under these terms. You may not without our prior written consent assign, transfer, sub-contract, or otherwise deal with any of your rights and/or  obligations under these terms.


Severability


If a provision of these terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of these terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.


Entire Agreement


These Terms, together with the Privacy Policy shall constitute the entire agreement between you and us in relation to your use of the Service and shall supersede all previous agreements between you and us in relation to your use of the Service.


Contact Information


We welcome your comments regarding the Terms and Privacy Policies. If you believe that we have not adhered to these terms, please contact us by clicking here and selecting ‘Something Else’ in the Contact Us form. We will use commercially reasonable efforts to promptly determine and remedy the problem.

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