of the U.S. Federal Government Marketplace...
|
|
For Companies demanding their share
of the U.S. Federal Government Marketplace... |
| Marketing, Sales & Administrative Staff Support Services |
| HOME |
YOU MUST READ AND ACCEPT THIS AGREEMENT PRIOR TO ANY USE OF THE METHOD. YES!!!...I Accept
This Agreement governs the use of GovRex.com's "Method" of Marketing and Selling to The U.S. Federal Government Marketplace, and particularly to their General Services Administration (GSA), Federal Supply Service (FSS), Multiple Award Schedule (MAS), Contract Management Services, as well as related user instructions, proprietary content, and any telephone or other support services (hereafter referred to as the "Method"). The Method consists of 5 separate parts (hereafter referred to as a "Process" or "Processes") defined as 1) Pre-Qualification, 2) Proposal Preparation, 3) Schedule Pricelist Maintenance and Modification, 4) Post-Award Compliance, 5) Marketing & Sales Support Services. Each Process involves numerous and varied incremental steps (hereafter referred to as the "Steps").
As used in this Agreement, the terms "you", "your", or "user" are synonymous, and refers to the person and company using a Step in any way. A "Client" or "registered user" is a user from whom GovRex.com has received and approved the information necessary to permit such person or company to use all of the Steps to the Processes of the Method, and who accepts and complies with the terms and conditions of this Agreement.
As used in this Agreement, the term Order refers to a single use of a Process of the Method.
As used in this Agreement, the term Purchase refers to specified use of the Processes of the Method.
Your acceptance of this Agreement constitutes an electronic signature by you and binds you to the terms and conditions of this Agreement.
PERMITTED USES AND RESTRICTIONS ON USE
GovRex.com reserves all patent, copyright, trade secret, trade name, trademarks and other proprietary rights related to the Method, and you shall not infringe or violate such rights. GovRex.com does not grant you a license to use any of its intellectual property other than those uses expressly granted by this Agreement. You shall not attempt to access any other of GovRex.com's systems, programs or data that are not made available for public use. Additionally, no material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without GovRex.com's written permission. Permission is granted for copying and printing information that the Client needs to use the Method. Modification or use of materials on the site for any purpose other than those permitted in this Agreement is a violation of GovRex.com's patent, copyright, trade secret, trade name, trademark and/or other proprietary rights.
REVIEW OF DATA PRIOR TO SUBMISSION
You agree to review and approve the results produced by GovRex.com prior to electronically or otherwise forwarding it to GSA, or before authorizing GovRex.com to forward it to GSA on your behalf. You are responsible for any errors in the data submitted for a Contract Modification or posted on the GSA electronic catalog systems. You are also responsible for acquiring and maintaining all equipment, computers, software and communications services (such as long distance phone charges) relating to the access and use of the Method, and for all expenses relating thereto (plus applicable taxes).
PAYMENT OF FEES AND CHARGES
The payment of all fees and charges to GovRex.com must be made by your valid credit or charge card (or other payment mechanism made available through the Method such as PayPal or Direct Deposit). Open Accounts are available with submission and approval of a Credit Application. Terms are NET 30 days from the date of the Invoice. Past Due Accounts are subject to a Late Charge of $20.00 per month, and Interest at the rate of 18% per year compounded daily.
CONTRACT PROPOSAL & MODIFICATION SERVICES
If you choose to use GovRex.com's Method to prepare a Contract Proposal or Modification, GovRex.com will provide reports in machine readable format for your review and approval. Upon your review and approval, you will sign and transmit these reports to your GSA Contracting Officer for their consideration. GovRex.com cannot guarantee that GSA will accept or approve your Contract Proposal or proposed Modification due to circumstances beyond GovRex.com's control (i.e., rejection by your Contracting Officer, malfunction of GSA’s systems, communications system problems, etc.). You are responsible for any errors in the data that you submitted to GovRex.com. You are also responsible for submitting your Contract Proposal or proposed Modification with sufficient time to meet any GSA, or other deadlines and for verifying the status of your Contract Proposal or proposed Modification to confirm that it has been received and accepted by GSA. By using this method to prepare your Contract Proposal or Modification, you consent to the disclosure to GSA of all information pertaining to your use of the Method.
COMPETITIVE PRICE ANALYSIS SERVICES
If you choose to use GovRex.com's Method to obtain a Price Analysis Report, GovRex.com will use the information that you provide to Query the GSA Advantage! web site and data base information provided by GSA to prepare a report. The information provided by GovRex.com in your Price Analysis Report is an extract of information available to Govrex.com at the time the report was prepared, and will not reflect changes to the data sources that may occur after the report was prepared. The reports are prepared using information available from the time when your Order is submitted extending to the time the report is made available for your Review. GovRex.com makes a reasonable effort to ensure that the reports provided are accurate and complete within the limits of our technology and the performance of the Government Web Site (www.gsaadvantage.gov ), but makes no further guarantee. Other methods of querying the GSA Advantage! Web Site, and queries performed at different times, may produce different results.
GSA ADVANTAGE! E-CATALOG UPLOAD SERVICES
If you choose to use GovRex.com's Method to upload an E-Catalog to GSA Advantage!, upon your approval, your FSS schedule information will be converted to the SIP format specified by GSA and then transmitted to GSA. GovRex.com cannot guarantee that GSA will accept your schedule information due to circumstances beyond GovRex.com's control (i.e., rejection by your Contracting Officer, malfunction of GSA's systems, communications system problems, etc.). You are responsible for any errors in the data that you submit to GovRex.com. You are responsible for submitting your schedule information with sufficient time to meet any GSA, or other deadlines and for verifying the status of your schedule information to confirm that it has been received and accepted by GSA. By using this method to prepare and submit your FSS schedule information for posting on the GSA electronic catalog systems, you consent to the disclosure to GSA of all information pertaining to your use of the Method.
ADMINISTRATIVE STAFF SUPPORT SERVICES
GovRex.com uses a variety of methods (i.e., email, Internet, fax, and phone) to provide technical support and other process usage assistance in connection with the Method. The terms and conditions governing the offering of this assistance, some of which may have fees chargeable to you, are announced by GovRex.com from time to time. Administrative Staff Support Services which have associated fees chargeable to you can include: document assembly, custom work, special services, Contract Specialist services, and spreadsheet/pricelist editing services. Consult GovRex.com's web site for the most up-to-date information relating to this assistance and any associated charges.
OPERATION
GovRex.com currently expects to make the Method available for the indefinite future. However, GovRex.com has the right at any time and for any reason to modify or discontinue any aspect or feature of the Method, including but not limited to its content, functionality or hours of availability, the equipment needed for its access or use, or its pricing. You should confirm that the pricing for your use of the Method has not changed, particularly if some time has passed between the date you started preparation of your FSS schedule submission and the date you finish. In addition, GovRex.com reserves the right, at any time, to change the terms of this Agreement by publishing notice of such changes on its Internet site. Any use of the Method by you after GovRex's publication of any such changes shall constitute your acceptance of this Agreement as modified. You agree to read and accept the Agreement each time it is modified. The Agreement shall bear the last modification date at the time. You agree that GovRex.com is permitted to access and use your FSS schedule data and other information provided by you in order to perform the Method and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Method to you.
PRIVACY AND SECURITY OF CUSTOMER INFORMATION
GovRex.com will not sell, give, or otherwise make use of the information you provide us other than as needed to submit your FSS schedule information for Proposal Preparation, Negotiations, Award Compliance, Contract Modifications or for posting E-Catalogs on the GSA Advantage electronic catalog systems. Note that the GSA electronic catalog system is a public Web site and that anyone can access the information once it has been posted by GSA.
You are responsible for maintaining the confidentiality of your user password. GovRex.com has taken reasonable measures to protect the security of your information and to retain your information so that you can re-use it for future Orders or Purchases. However, GovRex.com (i) cannot guarantee the security of information collected during your use of the Method, (ii) shall not be liable in any way for a compromise of your data, and (iii) has no obligation to store or maintain any information you provide to it.
PERMISSION TO USE CLIENT AS REFERENCE
You agree that GovRex.com may use your Company’s name, contract number, a link to your company’s Web Site, and links to your Company’s GSA Advantage! E-Catalog information as a Client reference unless you tell us not to do so in writing. You may notify us by email or letter that you do not want to be used as a reference, and we will remove any reference to your company from our web site.
SATISFACTION GUARANTEED FOR ALL REGISTERED USERS
If a registered user is not 100% satisfied with the Method, such registered user shall immediately stop using the Method and contact GovRex.com within 30 days of paying for the Method to request a full refund of the fees paid by such registered user (if any) to GovRex.com for using the Method. Such full refund shall be GovRex.com's entire liability and a registered user's exclusive remedy. Please reference your Assigned Method Assistant's name and the most recent Order Number when requesting a refund. This refund offer is expressly limited to the most recent use of the Method by you and cannot be used to request any refund of fees paid for earlier transactions. Annual Subscription Payments are not refundable after the first Order has been accepted by the Client, as these Subscriptions provide the Method at a substantial discount from the regular Retail price.
LIMITED EXPRESS WARRANTY
GovRex.com warrants to its registered user the accuracy of the work performed by GovRex.com. In the event of an error caused by GovRex.com, GovRex.com will either at its sole discretion, correct the error or refund any payment for the schedule submission in question.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED ABOVE AND TO THE FULL EXTENT ALLOWABLE BY STATE AND FEDERAL LAW, THE METHOD IS PROVIDED WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH THE USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOVREX.COM AND ITS LICENSORS, DISTRIBUTORS, THIRD PARTY SERVICE PROVIDERS, ADVERTISERS, WEB-LINK PROVIDERS, OR SUPPLIERS (COLLECTIVELY, THE "PARTICIPATING PARTIES") DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE METHOD AND RELATED MATERIALS, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, QUALITY, FUNCTIONALITY, INACCURACY OF INFORMATIONAL CONTENT AND MERCHANTABILITY. THERE IS NO WARRANTY THAT THE INFORMATION, OUR EFFORTS OR THE METHOD WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION OR AGAINST INFRINGEMENT. govrex.com does not warrant that the METHOD is secure, free from bugs, interruptions, errors, or other limitations. You acknowledge that use of the Internet presents certain risks relating to viruses or other harmful components. You (and not Govrex.com) assume the entire cost of all necessary servicing, repairs, or correction of problems with your software or your hardware caused by viruses or other harmful components.
All warranties or guarantees given or made by GovRex.com with respect to the Method (1) are for the benefit of the registered user of the Method only and are not transferable, and (2) shall be null and void if you breach any terms or conditions of this Agreement.
LIMITATION OF LIABILITY AND DAMAGES
You acknowledge that the operation and availability of the communications systems used for accessing and interacting with the Method or to transmit information to GSA (i.e., the public telephone, computer networks and the Internet) can be unpredictable and may, from time to time, interfere with or prevent access to the Method or its operation. GovRex.com is not in any way responsible for any such interference with or prevention of your use of or access to the Method.
TO THE FULL EXTENT ALLOWED BY STATE AND FEDERAL LAW, YOU AGREE NOT TO HOLD GovRex.com LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF THIS METHOD. YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF GovRex.com AND THE PARTICIPATING PARTIES FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE METHOD AT THE TIME ANY LOSS OCCURRED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GovRex.com AND THE PARTICIPATING PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF PROFITS OR INVESTMENT OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF GovRex.com OR THE PARTICIPATING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
The limitations of damages or liability set forth in this Agreement are fundamental elements of the basis of the bargain between GovRex.com and you. You acknowledge and agree that GovRex.com would not be able to provide these products on an economic basis without such limitations.
MISCELLANEOUS
GovRex.com shall have the right to immediately terminate your access to or use of the Method in the event of any activities which are in breach of this Agreement or conduct which, in GovRex.com's judgment, interferes with the operation or use of the Method. Termination of this Agreement automatically terminates your limited license and authorization to use and/or access the Method and any content or other material contained therein. GovRex.com is entitled to enforce its rights hereunder by an action for damages or for specific performance, injunctive or other equitable relief.
This Agreement sets forth GovRex.com's entire liability and your exclusive remedy with respect to the Method, and is a complete statement of the agreement between you and GovRex.com. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. This Agreement does not limit any rights that GovRex.com may have under trade secret, trademark, copyright, patent or other laws. The employees of GovRex.com are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on GovRex.com except in a writing signed by an authorized officer of GovRex.com. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by the Laws of The United States of America and the State of Oregon. You agree that any action arising from or relating to this Agreement shall be brought forth in the state or federal courts located in Deschutes County, Oregon and you waive any right to challenge the personal jurisdiction of any of those courts over you.
The GovRex.com Usage Agreement and Limited Warranty Version Dated January 5th, 2007
* GovRex.com * PO Box 441 * Redmond, Oregon 97756 *