Welcome to GovPort!
GovPort is a cloud-based collaboration and artifact management platform which makes it easier for contractors to communicate, collaborate and streamline work. Since GovPort is cloud-based, you can access the platform through the web and via any number of device types (e.g., desktop, laptop, tablets, and smartphone) that you choose.
This document, the GovPort Terms of Service ("Terms"), outlines the terms regarding your use of our product. These Terms are a legally binding contract between you and GovPort so please read carefully. If you do not agree with these Terms, do not register, or use any of the Services.
By using, accessing, or browsing the GovPort Service, platform and product including applications, websites or other properties owned or operated by GovPort or by registering for a GovPort account ("Services") you are agreeing to be bound by these Terms for the Services provided by GovPort ("GovPort" or "we").
If you are utilizing the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to GovPort that you have the authority to bind that organization to these Terms (in which event, "you" and "your" will refer to that organization) unless that organization has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Services.
In order to use the Service, you must be legally permitted to accept these Terms.
1. PRIVACY
In order to operate and provide the Services, we collect certain information about you. We use and protect that information as described in our Privacy Policy. You acknowledge your use of the Services is subject to our Privacy Policy and understand that it identifies how GovPort collects, stores, and uses certain information.
2. CHANGES TO THESE TERMS
We reserve the right to modify these Terms. We will post the most current version of these Terms at www.GovPort.com (the "Site"). If we make material changes to these Terms, we will notify you via the Services and/or by email to the address associated with your account. If you do not accept the changes, you must stop using and cancel your account by emailing cancel@govport.com. Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated terms.
3. YOUR ACCOUNT
Certain aspects of the Services may require you to obtain an account by completing a registration form and designating a user ID and password. When registering with GovPort you must: (a) provide true, current, and complete information about yourself on the registration form and (b) maintain such information so it continues to be true, current, and complete.
You are entirely responsible for all materials and information that you upload, share, or otherwise transmit via the Service (please also see our Acceptable Use Policy in Section 10).
4. EMAIL SELECTED FOR YOUR ACCOUNT
If an organization provided you with your account (e.g., an employer or, if you’re a service provider like a law firm or bank, then your client), or if you agree to have your account managed by an organization, you understand that this organization has rights to your account and may: (a) manage your account (including suspending or canceling); (b) reset your password; and (c) view your usage and profile data, including how and when your account is used.
5. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION (U.S. ONLY)
By registering with GovPort or signing up for our Service, you understand and consent to us sending you (including but not limited to via email, SMS text messaging, and/or in-app messaging) information regarding the Services, such as: (a) notices about your use of the Service, including notices of violations of use; (b) updates to the Services and new features or products; (c) administrative messages and other information; and (d) advertising, marketing, and other materials regarding GovPort's products and services. If you have previously unsubscribed and are a U.S. user, you consent that you are resubscribing to receive commercial content by taking such actions like submitting a “Contact Us” form, registering for a GovPort event or webinar, downloading a GovPort resource, along with other activities. You may unsubscribe from commercial content at any time by emailing privacy@govport.com.
6. ARTIFACTS
We refer to all electronic documents that you upload and store on your account as "Artifacts". All Artifacts uploaded by you into your account are yours! We do not control, verify, or endorse the Artifacts that you or others put on the Service. You are responsible for: (a) all Artifacts in your GovPort account(s) and that you share through the Service and (b) ensuring that you have all the rights you need in relation to the Artifacts. In addition, by storing, utilizing, or sharing Artifacts you confirm that you will not violate any law or these Terms (please also see the Acceptable Use Policy in Section 10). You agree that when you share your Artifacts, you may be allowing other people to access and use your Artifacts in any way without further restriction or compensation to you. You agree to provide GovPort (as well as agents or service providers acting on GovPort's behalf to provide the Service) the right to transmit, process, use and disclose Artifacts and other information which we may obtain as part of your use of the Service but only: (i) as necessary for us to provide the Service, (ii) as otherwise permitted by these Terms, (iii) as otherwise required by law, regulation or order, and/or (iv) to respond to an emergency.
7. COPYRIGHT COMPLAINTS AND REMOVAL POLICY
GovPort respects the intellectual property of others and will respond to notices of alleged copyright infringement or other intellectual property offenses that comply with the law. We reserve the right to delete or disable Artifacts alleged to violate copyright laws or other intellectual property rights in these Terms and reserve the right to terminate the account(s) of violators.
8. CONFIDENTIAL INFORMATION
During your use of the Service, GovPort may share with you information that is confidential, sensitive or should be kept secret. For example, if we tell you about our product roadmaps, product designs and architecture, technology, and technical information, provide you with security audit reviews, business, and marketing plans, or share with you our business processes, these should always be considered confidential to GovPort.
Similarly, we agree that your Artifacts, credit card/banking information and information contained in your account are confidential to you. Also, if either of us provide any documents to the other that are labeled "confidential" (or something similar) or provide information (either in writing or verbal) that is of a type that a reasonable person should understand to be confidential such information is to be treated as confidential information.
However, if you tell us information that: (a) we already know at the time you tell us; (b) was told to us by a third party who had the right to tell us; (c) is generally available to the public; or (d) was independently developed by us without using any of your confidential information, then that information will not be considered confidential. The same goes for information that we tell you that falls into any of these categories.
Lastly, we both agree that: (i) we will treat each other’s information with the same degree of care that we treat our own confidential information; (ii) will use each other’s confidential information only in connection with these Terms and the Services; (iii) only share the information with others who have a need to know and who have agreed in writing to treat it as confidential (as we’ve outlined in this section); and (iv) not share the information with any third party except as allowed in these Terms or through the Services. Of course, confidential information will always remain the property of its owner.
9. ARTIFACT STORAGE
The Service is provided from the United States. By using and accessing the Service, you understand and agree to the storage of Artifacts and any other personal information in the United States. However, you understand that you (or other people that you collaborate with) can access the Service (including Artifacts) from outside of the United States (subject to applicable law) and that nothing prohibits the processing of other information outside of the United States.
10. ACCEPTABLE USE POLICY
You agree you will not, nor will you encourage others or assist others to, harm the Service or use the Service to harm others. For example, you must not use the Service to harm, threaten, or harass another person, organization or GovPort and/or to build a similar service or website. You must not: (a) damage, disable, overburden, or impair the Service (or any network connected to the Services); (b) resell or redistribute the Service or any part of it; (c) use any unauthorized means to modify, reroute, or gain access to the Service or attempt to carry out these activities; (d) use any automated process or service (such as a bot, a spider, or periodic caching of information stored by GovPort) to access or use the Service; (e) use the Services beyond the features allocation and amounts provided in that Service or in violation of our fair use policy; (f) use the Service to, and/or cause GovPort to, violate any law or distribute any malware or malicious Artifacts; (g) use the GovPort Service to communicate any message or material that is defamatory, harassing, libelous, threatening, or obscene; (h) use the GovPort Service in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity; (i) distribute, post, share information or Artifacts illegally or without permission; (j) use the GovPort Service to disseminate or promote terrorism or terrorist activities; or (k) use the GovPort Service to disseminate material that may infringe upon legally protected social rights and freedoms of a person(s) (collectively, ‘human rights’) and/or as defined by domestic and public international laws and/or other legal norms. As part of our efforts to protect the Service, protect our customers, or to stop you from breaching these Terms, we retain the right to block or otherwise prevent delivery of any type of file, email, or other communication to or from the Services.
We also reserve the right to deactivate, change and/or require you to change your GovPort user ID and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Service. You also agree that if you learn of any unauthorized or unacceptable use of any account, Artifacts, or the Service, you will promptly contact GovPort Support and take all reasonable steps to cooperate with GovPort and assist in the termination of such use.
11. SUSPENSION AND TERMINATION OF THE SERVICE
We reserve the right to suspend or terminate your access to the Service at any time in our sole discretion or disable any Artifacts if a) you are in breach of these Terms; or b) your use of the Service could cause a risk of harm or loss to GovPort or our other users; or c) GovPort declines to renew your Subscription Period. When reasonable and as permitted by law, GovPort will provide you with reasonable advance notice of this change as well as an opportunity to correct any actions that led to GovPort's decision. We will not be able to provide this advance notice if you are in material breach of these Terms, or if such notice would lead to civil or criminal liability for GovPort, or if providing notice would compromise our ability to provide the Services to our other users. For the avoidance of doubt, GovPort may still decide that it does not want to continue offering you access to the Service at any time for any or no reason.
You understand that if your account is suspended or terminated, you may no longer have access to the Artifacts that are stored with the Service. Upon termination, you may request access to your Artifacts, which we will make available, except in cases where we have terminated your account due to your violation of these Terms or the Acceptable Use Policy terms in Section 10. You must make such request within fourteen (14) days following termination otherwise, any Artifacts you have stored with the Service may not be retrievable and we will have no obligation to maintain Artifacts stored in your account after this fourteen (14) day period.
12. UPDATES TO THE SERVICE
GovPort may make deployments of changes, updates or enhancements to the Services or modifications to GovPort's default settings at any time. We may also add or remove functionalities or features, or we may suspend or stop the Service altogether.
13. THIRD PARTY PRODUCTS
GovPort may make available to your optional third-party applications, services, or products, for use in connection with the Service ("Third-Party Products"). These Third-Party Products are not necessary for the use of the Service and your use of the Third-Party Products (and any exchange of any information, license, payments etc.) is solely between you and the applicable third-party provider. GovPort makes no warranties of any kind and assumes no liability of any kind for your use of such Third-Party Products.If you have any questions or concerns regarding the Third-Party Products, then please contact the applicable third-party provider.
14. GOVPORT PROPRIETARY RIGHTS
All contents of the Site and Service including but not limited to logo, design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement and GovPort Confidential Information belong to GovPort, and/or its suppliers, affiliates, or licensors. GovPort or its licensors own and reserve all rights, title, and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights we expressly grant to you to use the Service and GovPort Confidential Information. No title to or ownership of any proprietary rights related to the Service or GovPort Confidential Information is transferred to you pursuant to these Terms. If you provide comments, suggestions, and recommendations to GovPort about a Service (e.g., modifications, enhancements, improvements) (collectively, "Feedback"), you are automatically assigning this Feedback to GovPort.
15. NO WARRANTY OR CONDITIONS
There are certain things that we do not promise about the Service. Other than as expressly stated, we do not make any commitments about the specific functionality available through the Service, their reliability, availability, or ability to meet your needs.TO THE EXTENT NOT PROHIBITED BY LAW, GOVPORT AND ITS AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS) (A) PROVIDE THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", (B) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED (E.G. WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT THE ARTIFACTS WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
16. INDEMNIFICATION
To the extent not prohibited by law, you will defend GovPort against any cost, loss, damage, or other liability arising from any third party demand or claim that any Artifacts or information provided by you, or your use of the Service: (a) infringes a registered patent, trademark, copyright, or other intellectual property right of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of GovPort's actions); or (b) violates applicable law or these Terms. GovPort will reasonably notify you of any such claim or demand that is subject to your indemnification obligation of which it becomes aware.
17. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL YOU OR GOVPORT AND ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR ARTIFACTS) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, BUSINESS INTERRUPTION, LOSS OF OPPORTUNITY, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF GOVPORT HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.THE AGGREGATE LIABILITY OF YOU OR GOVPORT AND ITS AFFILIATES, OFFICERS, RESELLERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES, SAVE IN RESPECT OF LIABILITY ARISING UNDER SECTION 16 OF THESE TERMS, WILL BE LIMITED TO THE GREATER OF: (A) ONE AND A HALF (1.5) TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR THAT SERVICE; OR (B) ONE HUNDRED DOLLARS ($100 U.S.D.). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN COUNTRIES WHERE THE ABOVE TYPES OF EXCLUSIONS AND LIMITATIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE SKILL AND CARE OR OUR BREACH OF OUR CONTRACT WITH YOU.NOTHING IN THESE TERMS AFFECTS CONSUMER RIGHTS THAT CANNOT BY LAW BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. Nothing in these Terms shall exclude or limit the liability of you or GovPort and its affiliates, officers, employees, agents, licensors, resellers, suppliers and distributors for death or personal injury, fraud, fraudulent misrepresentation, or any liability that cannot be excluded or limited by law.The provisions of this "Limitation of Liability" section allocates the risks under these Terms between you and GovPort, and you and GovPort have relied on these limitations in determining whether to enter into these Terms and the pricing for the Service.
18. DISPUTE RESOLUTION AND GOVERNING LAW
You must comply with all domestic and international export laws and regulations that apply to your use of the Service, such as software. These laws include restrictions on destinations, end users, and end use. If you reside in the United States, you agree that the Terms, and your relationship with GovPort will be governed by the laws of the State of Virginia, U.S.A. regardless of conflict of laws principles. We both agree that the United Nations Convention on Contracts for the International Sale of Goods, the Uniform Commercial Code, the Uniform Computer Information Transactions Act, and any law effectuating these conventions do not apply to these Terms. We both agree that all of these claims can only be litigated in the federal or state courts in Fairfax County, Virginia, USA, and we each agree to personal jurisdiction in those courts. However, you agree that GovPort can apply for injunctive remedies in any jurisdiction. To the extent that the following provision is not in conflict with applicable law, you may only resolve disputes with us on an individual basis and may not bring a claim or proceed in a group arbitration proceeding as a plaintiff or a class member in a class, consolidated, or representative action.
19. TRIALS
You can sign-up for a trial for some of the Service and your trial period starts on the day you create the trial account. If you are on a trial, you may cancel at any time until the last day of your trial. If you do not cancel your account and we have told you the account will be converted to a paid subscription at the end of the trial period, then you authorize us to charge your credit card for that specific Service. You may, however, cancel your subscription before the next billing cycle in accordance with these Terms, but no credits or refunds will be available.
20. FEES
GovPort offers both free and paid Services. If you choose to subscribe to a paid Service, you agree to pay the fees ("Fees") as quoted to you when you purchase that Service. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service (for example, data charges and currency exchange settlements). You will pay the Fees in the currency GovPort quoted at the time of purchase.
GovPort reserves the right to change the eligible currencies at any time, except where not permitted by applicable law. GovPort reserves the right to change its prices at any time, however, if we have offered a specific duration and Fee for your use of the Service, we agree that the Fee will remain in force for that duration. After the offer period ends, your use of the Service will be charged at the then-current Fee(s). If you do not agree to these changes, you must stop using the Service and cancel via email to cancel@govport.com (with cancellation confirmation from a GovPort representative). If you cancel, your Service ends at the end of your current Service period or payment period, and no refunds for previously paid services will be issued.
If you do not cancel in accordance with these Terms, the subscription for the Service will automatically renew at the then-current price and term length for the next subscription period. We will charge your credit card on file with us on the first day of the renewal of the subscription period.
21. BILLING/PAYMENT
If you select a paid Service, you must provide us with current, complete, accurate and authorized payment method information (e.g., credit card information). You authorize us to charge your provided payment method for the Service you have selected and for any paid feature(s) that you choose. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) if you have elected a subscription service, on a recurring basis. To the extent GovPort has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. If you do not cancel your account, we may automatically renew your Service(s) and charge you for any renewal term. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services.
22. SUBSCRIPTION PERIOD
You may elect one of the following subscription plans and billing options (please note that there might be only one of these options available depending on the Service purchased):
A monthly subscription plan ("Monthly Subscription Plan"). The subscription period for the Monthly Subscription Plan will be for one month and will automatically renew (without the need to go through the Services-interface "check-out" or execute a renewal order form) unless you cancel your Monthly Subscription Plan at least three (3) business days prior to the renewal date. You will be billed on or about the same day each month until such time that you cancel.
An annual subscription plan ("Annual Subscription Plan"). The subscription period for the Annual Subscription Plan will be for one year and will automatically renew (without the need to go through the Services-interface "check-out" or execute a renewal Order Form) for additional periods equal to one (1) year each year on the anniversary unless you cancel at least three (3) business days prior to your renewal date. Be aware that you are committing to a one-year plan; if you are not certain, we recommend choosing the Monthly Subscription Plan.
If you select the Monthly Subscription Plan, you can switch to the Annual Subscription Plan at any time. If you select the Annual Subscription Plan, you may not change to the Monthly Subscription Plan until the end of the one-year term of your Annual Subscription Plan.
Where required by law, you may have a legal right to cancel your subscription, pursuant to Section 20, during the prescribed timeframe of your initial subscription period. If you are entitled to this right by law, your cancellation request will be processed within three (3) business days, and you will receive a prorated refund of any unused prepaid fees.
23. GOVPORT SUBSCRIPTION SPECIFIC TERMS
If you are purchasing a GovPort subscription plan, the following additional terms apply to you and your organization:
You: (a) are required to have a GovPort account for each user, (b) will only receive the features and functionality that are included in the specific subscription plan that you have purchased, (c) are responsible for setting your configurations of the GovPort Service, and (d) are responsible for managing your users’ activity and any of your devices and/or any systems that you use to access the GovPort Service.
GovPort considers the following categories of users as your organization’s users:
1. Users whose accounts are controlled by your organization’s administrator;These categories include, for the avoidance of doubt, any such users with individual plan accounts. If GovPort provides you with a report showing that your organization has more users than purchased accounts, then you will promptly (but in any event with seven (7) days of receiving such report) purchase additional accounts or permanently delete the excess accounts. If your organization has more users than purchased accounts, GovPort may place reasonable restrictions on your account until you adequately address your excess users (such as restricting or limiting your organization’s ability to deploy additional accounts).
24. GOVPORT PLATFORM PRODUCTS SPECIFIC TERMS
If you are purchasing any of the Platform products, the following additional terms apply to you:
24.1 PLATFORM PRODUCT SPECIFIC DEFINITIONS
"API" is the application-programming interface used by you to access functionality provided by GovPort.
"Artifact" means the same as specified in Section 6, but includes Artifacts uploaded by Platform Application Users.
"Platform Application" is an application used by or on behalf of you.
"Platform Application User" is a user with a unique identifier that is created and provisioned by you and such user’s access to Opportunities and Artifacts in the Service is governed through the Platform Application.
"Platform Product(s)" is the GovPort Application, and any additional Platform Product features and functionalities. The Platform Products include certain features that permit a Service Account/User/Platform Application User to collaborate on opportunities, view, and share Artifacts. GovPort's APIs, tools and services made available for development of a Platform Application with respect to the APIs are also Platform Product(s).
"Platform Storage" is the total amount of Artifacts, measured in gigabytes (unless otherwise specified), stored by or on behalf of all Platform Application Users.
"Platform Use Limit(s)" is the amount as specified and allocated to you for: (i) Number of Monthly Active Users; and (ii) any other applicable usage limits or restrictions.
"User(s)" is any person who is permitted by you to access, collaborate, upload, or download Artifacts in any account.
You receive the features and functionality that are provided in the specific Platform Product(s) that you have registered or purchased. You will ensure that your usage of the Platform Products is at all times in conformance with the Platform Use Limits, these Terms and applicable law.
If you exceed the Platform Use Limits, additional fees will be due and/or reasonable restrictions may be placed on your account until any such excess usage is adequately eliminated by you.
You may not co-brand any Platform Products or use any GovPort trademarks, logos, or other GovPort marks to promote and market the Platform Products without GovPort's prior written consent.
You will not, and will make sure that the Platform Application does not and you will not permit use of the Platform Application: (a) to violate these Terms; (b) to perform hidden activities without Platform Application User consent (such as downloading components or other software); (c) that may alter a Platform Application User’s system without permission from the Platform Application User; (d) impersonate, or misrepresent an affiliation with, any person or entity; (e) use in any manner not authorized by a Platform Application User; except as otherwise authorized by a Platform Application User with respect to such Platform Application User’s Artifacts; (f) mine or analyze any Artifacts shared to, retrieved from or stored in the Platform Products/the Service (including, but not limited to, through spiders, robots, crawlers, data mining tools, scrapers, or other automated means, or services employing any such means); (g) circumvent any security measures or content filtering devices; (h) use or affect the Platform Products in any manner that could damage, disable, overburden or impair the Platform Products (including, but not limited to, flooding the Platform Products with an excessive amount of data or content); or (i) permit use in connection with any purposes or intended application which involves risks or dangers that could lead to death, serious bodily injury, severe physical or property damage, or use for purposes that otherwise require significant safety precautions (e.g. uses of the Platform Products in connection with operation of emergency services, air traffic control, mass transport systems, or nuclear facilities).
25. GovPort Materials and GovPort Tools.
GovPort shall own all rights, title, and interest in and to the documentation, templates, training materials, recordings, and other items (collectively the "GovPort Materials") GovPort may provide to Customer as part of this services engagement.
26. GENERAL TERMS
26.1 Severability; Entire Agreement. These Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service.
26.2 Assignment and transfer.We may assign, transfer, or otherwise dispose of our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service unless we provide written consent for you to do so.
26.3 Independent Contractors; No third-party beneficiaries. GovPort and you are not legal partners or agents; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.
26.4 Waiver. The failure of either of us to insist upon or GovPort strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect, unless expressly waived in writing.
26.5 Government Terms. If Customer is a U.S. government entity or if this Agreement otherwise becomes subject to the Federal Acquisition Regulations (FAR), Customer acknowledges that elements of the GovPort Service constitute software and documentation and are provided as "Commercial Items" as defined at 48 C.F.R. 2.101 and are being licensed to U.S. government User as commercial computer software subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212.
26.6 Mobile restrictions.The Service is available on mobile devices. Do not use the Service in a way that distracts you and prevents you from obeying traffic or safety laws, or that may put the physical safety of others in danger.