GovWin Terms of Service
The gist:
The Deltek GovWin team runs a network called "GovWin" on its website GovWin.com, and would love for you to contribute, participate, and help shape the future of work. The basic service is free, and we will, in the future, offer paid upgrades for more advanced features.
Our GovWin network is designed to give you as much control and ownership over your participation as possible and encourages you to comment and contribute freely. However, you are responsible for the quality of your content contributions. In particular, make sure that none of the prohibited items listed below appears in your content contributions, your comments, or gets linked to from your content contribution or comments (things like spam, viruses, or hate content).
If you find a content contributions or comments on GovWin that you believe violate our terms of service, please check our complaints page.
Terms of Service:
The following terms and conditions govern all use of the GovWin.com website and all content, services and products available at or through the website. The website is owned and operated by Deltek, Inc. ("Deltek"). The GovWin website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, GovWin Privacy Policy) and procedures that may be published from time to time on this website by Deltek (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the GovWin website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the website or use any GovWin network services. If these terms and conditions are legally considered an offer by GovWin, acceptance is expressly limited to these terms. The website is available only to individuals who are at least 18 years old.
- Your GovWin.com Account and Website. If you create a GovWin user account on the website, you are responsible for maintaining the security of your user account and your content contributions and comments created using that user account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with those content contributions and comments. You must not describe or assign tags or categories to your content contributions or comments in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause us any liability. You must immediately notify us of any unauthorized uses of your user account, your content contributions, your comments, or any other breaches of security. Deltek will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions.
- Responsibility of Contributors. If you provide content contributions, provide comments, comment on content contributions, post material to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- downloading, copying and using the Content will not infringe any party's proprietary rights, including but not limited to copyright, patent, trademark, confidentiality or trade secret rights;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through any required terms of those license to anyone who may use the Content;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
- your Content or user account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your user name not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Deltek or otherwise.
By submitting Content to the GovWin website, you grant Deltek a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the use of visitors to the GovWin network. If you delete Content, Deltek will use reasonable efforts to remove it from the website, but you acknowledge that caching or references to the Content may not immediately prevent deleted Content from remaining available.
Without limiting any of those representations or warranties, Deltek has the right (though not the obligation) to, in Deltek's sole discretion (i) refuse or remove any content that, in Deltek's reasonable opinion, violates any law, regulation or Deltek policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the GovWin to any individual or entity for any reason, in Deltek's sole discretion. Deltek will have no obligation to provide a refund of any amounts previously paid.
- Responsibility of Website Visitors. Deltek has not reviewed, and cannot review, all of the material, including computer software, posted to the GovWin website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Deltek does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Deltek disclaims any responsibility for any harm resulting from the use by visitors of the website, or from any downloading by those visitors of Content there posted.
- GovWin Verification Program (available to Premium Members and Enterprise Clients). The GovWin Verification Program confirms that a partner’s or supplier’s information in its GovWin profile matches the information for that party in the CCR database and other publicly available sources. Deltek does not investigate the accuracy of such information, and the user acknowledges that those data sources may contain inaccuracies or errors. The information and confirmation provided by Deltek in the GovWin Verification Program Service , including information provided to Customer by INPUT analysts, is for information purposes only and should not be considered a recommendation by Deltek with respect any contacts, contracts or business opportunities. DELTEK EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR DECISIONS MADE, IN WHOLE OR IN PART, ON THE BASIS OF ANY INFORMATION CONTAINED IN, OR THE ABSENCE OF INFORMATION IN, THE GOVWIN VERIFICATION PROGRAM.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which GovWin.com links, and that link to GovWin.com. GovWin does not have any control over those non-GovWin websites and webpages, and is not responsible for their contents or their use. By linking to a non-GovWin website or webpage, GovWin does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Deltek disclaims any responsibility for any harm resulting from your use of non-GovWin websites and webpages.
- Copyright Infringement and DMCA Policy. As Deltek asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by GovWin.com violates your copyright, please notify Deltek by providing a Digital Millennium Copyright Act ("DMCA") Infringement Notice. Deltek will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Deltek or others, Deltek may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Deltek will have no obligation to provide a refund of any amounts previously paid to Deltek.
- Intellectual Property. This Agreement does not transfer from Deltek to you any Deltek or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Deltek. Deltek, GovWin, GovWin.com, the GovWin.com logo, and all other trademarks, service marks, graphics and logos used in connection with GovWin.com, or the Website are trademarks or registered trademarks of Deltek or Deltek's licensors or affiliates. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the GovWin website grants you no right or license to reproduce or otherwise use any Deltek or third-party trademarks.
- Changes. Deltek reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the GovWin website following the posting of any changes to this Agreement constitutes acceptance of those changes. Deltek may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Deltek may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your GovWin.com account (if you have one), you may simply discontinue using the GovWin website. All provisions of this Agreement which by their nature should survive termination shall survive termination or expiration of this Agreement, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The GovWin website is provided "as is". Deltek and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Deltek nor its suppliers and licensors, makes any warranty that the GovWin website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the GovWin website at your own discretion and risk.
- Limitation of Liability. In no event will Deltek, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, tort, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. Deltek shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of the GovWin website will be in strict accordance with the GovWin Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from or imported into the United States or the country in which you reside) and (ii) your use of the website will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless Deltek, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the GovWin website, including but not limited to out of your violation this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Deltek and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Deltek, or by the posting by Deltek of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Commonwealth of Virginia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Fairfax County, Virginia. The Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Rules of the American Arbitration Association ("AAA") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Fairfax County, Virginia, in the English language and the arbitral decision may be enforced in any court of competent jurisdiction. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; GovWin may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.