These Terms of Use were last updated on December 6, 2023.
Introduction
These terms of use (“Terms”) bind you (“You,” “User”) to the terms and conditions set forth herein in connection with your use of GOVOLOGY’s (“Our,” “We,” “Us,” “GOVOLOGY.COM”) website, mobile applications, services, webinars, on-demand courses, coaching, cohorts, and other offerings on our website (collectively, “Services”).
Acceptance of Terms
By using any of the GOVOLOGY Services or clicking the “Sign Up” button on Our website, You agree to become bound by these Terms. GOVOLOGY’s acceptance is expressly conditioned upon Your assent to all these Terms.
Consent to Receive Electronic Records
By using any of the GOVOLOGY Services, You agree that We may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of GOVOLOGY.COM, Our Services, or these Terms.
If We learn of a security breach on GOVOLOGY.COM, We will notify You by sending an email to the email address you provided when registering for an account on GOVOLOGY.COM. To withdraw Your consent from receiving electronic notices, please email support@govology.com. Notice will be deemed given twenty-four hours after the email is sent unless the sending party is notified that the email address is invalid.
Additional Agreements
Any personal information submitted in connection with Your use of GOVOLOGY Services is subject to Our Privacy Policy, which is hereby incorporated by reference into these Terms.
License to Use GOVOLOGY.COM
Upon signing up for a GOVOLOGY account, You acknowledge and agree that GOVOLOGY hereby grants You a non-exclusive, non-transferable limited license to use GOVOLOGY.COM in strict accordance with the terms and conditions outlined herein and as permitted via instructions on the GOVOLOGY website. You agree not to make any false or fraudulent statements in Your use of or to gain access to GOVOLOGY.COM. You acknowledge and agree that all content and Services available on the website are property of GOVOLOGY and Our instructors (“Instructors”), partners, advertisers, and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws in the U. S. and internationally. All rights not expressly granted herein are fully reserved by GOVOLOGY and Our Instructors, partners, advertisers, and licensors.
License Restrictions
You agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on GOVOLOGY.COM or any other property of GOVOLOGY or any Instructors, partners, advertisers, and licensors offering materials through Our Services, except as may be explicitly permitted by GOVOLOGY. Systematic retrieval of data or other content from GOVOLOGY.COM without written permission from GOVOLOGY is prohibited. In addition, use of the content or materials for any purpose not expressly permitted herein is strictly prohibited.
Updates and Modifications to the Terms
From time to time, We may update these Terms to clarify our practices or to reflect new or different practices, such as when We add new features. GOVOLOGY reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If We make any material changes to these Terms, We will notify You by email notice sent to the email address specified in Your account. Modifications will become effective on the day they are made unless stated otherwise. Your continued use of Our Services after changes become effective shall mean that You accept those changes. You should regularly review the Terms of Use on GOVOLOGY.COM, as any revised Terms shall supersede all previous Terms.
General Disclaimer
GOVOLOGY is not responsible or liable for any interactions between the Instructors and the Users. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of Instructors or Users, including, but not limited to, any User’s reliance upon any information provided by an Instructor.
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof, is “Content.” GOVOLOGY does not guarantee in any manner the reliability, validity, accuracy, or truthfulness of Content provided via Services and/or posted on GOVOLOGY.COM and, therefore, is not liable for Your access or use of any Content, to the extent permissible under applicable law. If You believe that Content on GOVOLOGY violates any laws or regulations, including, without limitation, any copyright laws, You should report it to GOVOLOGY in accordance with the procedures We maintain under Our Intellectual Property Policy.
GOVOLOGY may give You access to links to third-party platforms (“Third-Party Platforms”), either directly or through Services or Instructors. GOVOLOGY does not endorse any of these Third-Party Platforms and does not control them in any manner. Accordingly, GOVOLOGY does not assume any liability associated with Third-Party Platforms. You need to take appropriate steps to determine whether accessing a Third-Party Platform is appropriate and to protect Your personal information and privacy on such Third-Party Platforms.
GOVOLOGY’s Terms and Conditions
1. User Conduct
You may only access Our Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of Our Services. You assume any and all risks from any meetings or contact between You and any Instructors or other Users of GOVOLOGY.
All of Your use, access, and other activities relating to Our Services must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use and to privacy and personal identity. Those who choose to access or use Our Services from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules, including, without limitation, rules about the internet, data, email, or privacy. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside. If You use the Services or Third-Party Platforms (as defined in the next section) from countries outside of the United States, You must agree to abide by all local rules regarding online conduct and acceptable content.
2. Third-Party Charges and Costs of Using Our Services
You are solely responsible for all service, telephone, data charges, and/or other fees and costs associated with Your access to and use of GOVOLOGY Services and for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
3. User Responsibilities
As a User, You represent, warrant, and covenant that:
a) You have read, understood, and agree to be bound by the pricing information provided either online or through quotes or proposals, which may be verbal or in writing, before using GOVOLOGY Services.
b) You will not upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation (commercial or otherwise) through GOVOLOGY.COM.
c) You will not post or provide inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information.
d) You will not copy, modify, reverse engineer, reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit any Content, GOVOLOGY.COM, or Our Services except as permitted by these Terms or the relevant Instructor as applicable.
e) You will not frame or embed Our Services to circumvent GOVOLOGY.
f) You will not impersonate another person or gain unauthorized access to another person’s account.
g) You will not introduce any virus, worm, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of GOVOLOGY.COM or operation thereof; scrape, spider, use a robot or other automated means of any kind to access GOVOLOGY.COM.
h) You will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information.
i) You understand and agree that Instructors from whom You may have purchased Services may choose to terminate their relationship with GOVOLOGY. GOVOLOGY does not guarantee Instructor availability to Users and shall not be held liable for any issues relating to the availability of Instructors and/or their Services.
4. Registration and Account Maintenance
To use GOVOLOGY Services, You must register and obtain an account and password. When You register, the information You provide to Us during the registration process will help Us in offering content, customer service, network management, and other services. You are solely responsible for maintaining the confidentiality of Your account, Username, and Password (collectively, Your “Account”) and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times.
You must notify Us immediately of any unauthorized use of Your Account and any other security breach. To the extent permissible under applicable law, We will not be responsible for any loss or damage arising as a result of the use of Your Account, either with or without Your knowledge. You may not transfer Your Account to any other person, and You may not use anyone else’s Account at any time without the Account holder’s permission. In cases where You have authorized another individual to use Your Account, You are fully responsible for their online conduct, controlling their access to and use of Our Services, and the consequences of any misuse.
5. Unsolicited Ideas
You may decide to send us unsolicited ideas, including ideas for new promotions, products, services, applications, technologies, processes or other ideas (collectively, “User Ideas”). You must not transmit to Us any User Ideas that You consider to be confidential or proprietary through email or the services or Third-Party Platforms. You agree that We shall not be required to treat any User Ideas as confidential or proprietary. You are responsible and liable for any User Ideas You submit. You agree that by submitting User Ideas to Us, including any concepts, know-how, or ideas, You hereby grant Us a perpetual, worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the User Ideas without payment or accounting to You or others. We are under no obligation to evaluate, review, or use any User Idea.
6. Pricing, Payments, Taxes, and Refunds
6.1. Pricing. GOVOLOGY reserves the right to change the prices of our Services. We also reserve the right to offer promotions on new and existing Services.
6.2. Payments. If You elect to access or use Our Services that involve a fee, then You agree to pay and will be responsible for payment of that fee and all taxes associated with such access or use. If You provide credit card information to pay for such fees, then You hereby represent and warrant that You are authorized to supply such information and authorize GOVOLOGY to charge Your credit card to pay the fees.
6.3. Taxes. GOVOLOGY may collect sales taxes if required by state and local laws, rules, and regulations governing transactions conducted by Users. If that’s the case, You agree to pay applicable sales taxes in addition to the stated fees of the chosen Services. GOVOLOGY is not responsible for paying sales taxes on behalf of Users.
6.4. Refunds. If You, as a User, are unhappy with any of Our Services, you can request a refund within seven days of the date that You paid for access to that Service by sending an email to support@govology.com. We will provide You with a full refund of the amount You paid.
Please note that if We believe, in Our sole discretion, that You are abusing Our refund policy, We reserve the right to suspend or terminate Your Account and refuse or restrict any and all current or future use of GOVOLOGY.COM.
7. Trademarks
The trademarks, service marks, and logos (the “Trademarks”) used and displayed through Our Services, on GOVOLOGY.COM, and in any Content are registered or unregistered Trademarks of GOVOLOGY and Our Instructors, partners, advertisers, licensorsor, and third parties and are protected pursuant to U.S. and foreign trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.
Warranty Disclaimer
The Services, Content and any other materials made available by GOVOLOGY are provided “as is” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, GOVOLOGY and Our Instructors, partners, advertisers, affiliates, licensors, suppliers, sponsors and agents disclaim all warranties, expressed or implied, including without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose. GOVOLOGY and Our Instructors, partners, advertisers, affiliates, licensors, suppliers, sponsors and agents do not warrant that Your use of the Services will be uninterrupted, error-free or secure, that defects will be corrected, or that the Services, the server(s) on which the Services are hosted, or any Services available on any third-party platform are free of viruses or other harmful components. No opinion, advice or statement of GOVOLOGY or Our Instructors, partners, advertisers, affiliates, licensors, suppliers, sponsors, agents, and Users, whether made through the use of the Services or on third-party platforms, shall create any warranty. Your use of GOVOLOGY and Our Services, including without limitation any Services provided on any third-party platform, are entirely at your own risk.
Limitation of Liability
Neither GOVOLOGY nor any of Our Instructors, partners, advertisers, affiliates, licensors, suppliers, sponsors and agents, nor Our or their directors, officers, employees, consultants, agents or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including without limitation, damages for loss of business, loss of data or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Services and/or materials, including any materials available through any third-party platform, submissions, any linked websites or any code, product or service purchased, accessible or usable through the Services or any third-party platform. Your sole remedy for dissatisfaction with the Services, materials, including any products or services available through any third-party platform, submissions or any linked websites is to stop using the Services, materials, submissions, products, or linked websites, as applicable. The sole and exclusive maximum liability to GOVOLOGY for all damages, losses and causes of action, whether in contract, tort (including without limitation, negligence) or otherwise, shall be the total amount paid by You to GOVOLOGY in the preceding twelve (12) months, if any, to access or use the Services. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You. No communication of any kind between You and GOVOLOGY or a representative of GOVOLOGY constitutes a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the Terms. Multiple claims will not increase the monetary damages limit stated herein. You agree that the damage exclusions in these Terms of Use shall apply even if any remedy fails of its essential purpose.
System Outages
Periodically, GOVOLOGY schedules system downtime for the website for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that GOVOLOGY has no responsibility and is not liable for: (a) the unavailability of the Services, including those available on Third-Party Platforms; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Services, any Internet service providers, any Third-Party Platforms, or any Internet facilities and networks.
Termination
GOVOLOGY reserves the right to terminate, suspend, modify, or delete, at Our sole discretion, any Content or any Service. If we take such action, Users will receive a full refund for the affected Service if they purchased it no later than 30 days prior to the loss of access.
GOVOLOGY also reserves the right to terminate, suspend, modify, or delete, at Our sole discretion, Your access to Our Services or Your Account if You breach or violate any of these Terms or any of Our applicable policies. If We take action pursuant to this section, We shall not have any liability to You for any Services You may have purchased nor for any other use of Our Services associated with Your Account. For avoidance of any doubt, You understand and agree that You will not be compensated nor be eligible for any refund under any circumstances for any such access lost to Our Services, including without limitation to Services You may have purchased.
You may terminate Your use of GOVOLOGY and Our Services at any time, either by ceasing to access them or by sending a request to support@govology.com to delete Your Account. All Accounts that have been inactive for three years or more will be deleted without notice.
Miscellaneous
Entire Agreement. These Terms and any policies applicable to You constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of GOVOLOGY to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Notice. Any notice or other communication to be given hereunder will be in writing and given by electronic mail.
No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither GOVOLOGY nor any other party to these Terms shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
Governing Laws. These Terms and Your use of the Services shall be governed by the substantive laws of the State of Florida without reference to its choice or conflicts of law principles that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of Florida.
Agreement to Arbitrate and Class Action Waiver
Before bringing a formal legal case, please first contact our support team at support@govology.com. Most disputes can be resolved that way.
We Both Agree to Arbitrate. If we can’t resolve our dispute amicably, You and GOVOLOGY agree to resolve any claims relating to these Terms, or any of Our other terms referenced herein, through final and binding arbitration. This applies to all kinds of claims under any legal theory.
You or GOVOLOGY can bring a claim in small claims court either in Clearwater, Florida, or the county where You live, or some other place we both agree on, if it qualifies to be brought in that court. In addition, if You or GOVOLOGY bring a claim in court that should be arbitrated or any of Us refuses to arbitrate a claim that should be arbitrated, the other of Us can ask a court to force Us to go to arbitration to resolve the claim (i.e., compel arbitration). You or GOVOLOGY may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
No Class Actions. We all agree that we can only bring a claim against each other on an individual basis. That means: (a) neither You nor GOVOLOGY can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); (c) an arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other Users, and cannot be used to decide other disputes with other Users. If a court decides that this subsection of “No Class Actions” is not enforceable or valid, then the entire Section (Agreement to Arbitrate and Class Action Waiver) will be null and void, but the rest of the Terms will still apply.
The Arbitration Process. Any disputes between You and GOVOLOGY relating to Our website and Our Services that involve a claim of less than US$10,000 must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, You and GOVOLOGY agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between You and GOVOLOGY relating to Our website and Our Services that involve a claim of less than US$10,000 must be resolved in accordance with the AAA’s rules about whether the arbitration hearing has to be in-person.
Jurisdiction for Legal Disputes Not Subject to Arbitration. If the Agreement to Arbitrate is determined to be invalid or unenforceable or for any disputes that do not qualify for arbitration, the dispute shall be subject to the exclusive jurisdiction of the Federal and State courts located in Clearwater, Florida. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
Changes. Notwithstanding the provisions of the modification-related provisions above, if GOVOLOGY changes this “Agreement to Arbitrate and Class Action Waiver” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing GOVOLOGY written notice of such rejection by email from the email address associated with your Account to support@govology.com within 30 days of the date such change became effective, as indicated by the “last updated on” language above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Agreement to Arbitrate and Class Action Waiver” section. By rejecting changes, you agree that you will arbitrate any dispute between you and GOVOLOGY in accordance with the provisions of this “Agreement to Arbitrate and Class Action Waiver” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).