GovDocs Webstore Terms and Conditions
By using this site, you and your company (collectively “Customer”) are agreeing to the following terms and conditions.Section 1: GovDocs ELM tools
The GovDocs Employment Law Management Tools (“GovDocs ELM Tools”) are as follows. Not all GovDocs ELM Tools are available through its webstore:A. GovDocs Posting Update Service (“Update Service”):
Initial and regularly updated Labor posters and postings, in physical or electronic forms.B. Physical Posters or Posting and Electronic Poster Set:
Individual labor law posters or postings purchased on stand-alone basis outside of a Postings Update Subscription, e.g. for replacement of poster.Section 2: License
GovDocs grants Customer a non-exclusive, non-transferable, limited license to use the GovDocs ELM Tools identified in Customer’s Subscription Order in the regular course of business at the Customer Locations identified in the Subscription Order. Additional terms of this License are:A.
The information included in the Subscription may be accessed, printed, displayed, transmitted and shared internally as needed in the regular course of Customer’s business at the Customer’s Locations. Copyright notices must be retained on any transmitted or printed items. The Copyright Act (17 U.S.C.A. 107) fair use provision may allow additional uses.B.
Customer may not sell, sublicense, distribute, display, reproduce, store or transfer the GovDocs ELM Tools or related information in any way that would allow non-authorized Customer Locations, affiliates, vendors or other third parties use of or access to the same. Customer may not use any means to discern the source code of GovDocs ELM Tools.C.
Prior to accessing the Customer’s Subscription, Customer will designate its Authorized Users and, when required by the Subscription, assign usernames and passwords to each Authorized User. Passwords shall only be used by the Authorized User to whom issued; sharing of passwords is STRICTLY PROHIBITED. Customer shall bind each Authorized User to compliance with these Terms and Conditions. GovDocs will be immediately notified of any loss, theft or unauthorized use of any of a username, password, and/or other personal or company identification numbers that may be assigned by Customer, or any unauthorized access to or use of GovDocs ELM Tools.D.
Customer is solely responsible for use of the Subscription in compliance with all applicable laws and regulations.E.
Customer may not run or install any computer software or hardware on GovDocs ELM Tools or the GovDocs network or introduce any spyware, malware, viruses, Trojan Horses, Backdoors or other software exploits.F.
Customer recognizes that while the Subscription includes information on laws and regulations, GovDocs is not providing legal advice. Customer assumes sole responsibility for decisions or opinions made by Customer in the course of using GovDocs ELM toolsG.
Returns. There are no returns after the start of a Subscription Term. Subscriptions can only be cancelled prior to billing. Section 3: Electronic Poster Sets.
Electronic posters come as a set of required and recommended posters. They are designed to be printed individually in black and white on 8 ½ x 11 paper. In addition, the electronic poster files are accessible to visually impaired employees, coded to work with screen reader software, according to Section 508 guidelines.A.
Electronic Poster Sets are available for fourteen (14) calendar days after date of purchase. After fourteen (14) calendar days, the Electronic Poster Set will not longer be available and would need to be repurchased.B.
Compliance with labor law. Posting instructions are included and indicate, where applicable, exceptions to paper color and size. It is the responsibility of the purchaser to print the posters and display the posters in a conspicuous location to be compliant with labor law posting requirements.C.
Returns. All sales of electronic poster sets are final, no returns are allowed.D.
Upgrade of purchase. Electronic poster sets can be upgraded to laminated items within 30 days of order. Contact GovDocs customer service for specific details.E.
Use of Electronic Poster. Electronic poster files purchased from GovDocs Inc. may only be used in one (1) business location per set purchased. Electronic posters may be reproduced to be used multiple times in the location for which it was originally purchased.
Limit on Usage. No poster within the electronic poster set purchased from GovDocs Inc. may be resold or distributed to anyone outside the original business entity that purchased it.Section 4: Laminated Posters.
Laminated posters purchased from GovDocs Inc. may not be reproduced, resold or distributed in any format.A.
Shipping: Depending on availability, products purchased from GovDocs Inc. will be shipped the business day following the order date. Orders will be subject to a standard delivery time of 2 to 6 business days. Orders received after 2 p.m. CDT will be reviewed the following business day.B.
Payment. Credit cards will be billed upon shipment.C.
Compliance with labor law. It is the responsibility of the purchaser to display the poster(s) in a manner that is compliant with labor law posting requirements.D.
Returns. If you are not satisfied with an item you purchased, it may be returned within 30 days of shipment. Upon receipt of the item at our returns center, a refund of the purchase price (minus any applied discount) will be applied to the order. Shipping and handling charges are non-refundable. The customer is responsible for return shipping costs.Section 5: HR Forms.
Electronic HR forms packages purchased from GovDocs Inc. are intended for use by the Customer. No form within the electronic HR forms packages purchased from GovDocs Inc. may be resold or distributed to anyone outside the original business entity that purchased it. All sales of electronic HR forms packages are final.Section 6: Returns and Cancellations
Section 7: Subscribed Locations for Update Service
term for Update Service with physical poster
Can be returned for refund.
No refund after start of Subscription term
Prior to shipment
Service: Prior to shipment
term for Update Service with electronic poster
poster: No cancel or refund after purchase.
Service: Cancel for refund by end of 3rd Business Day after
of Update Service
can be cancelled after start of term, but no refund provided, unless before
start of subscription term.
Customer will identify the specific locations that have been subscribed for each term. During a term, if a given location is physically moved to a new address within the same state, then the subscription for the location can be transferred. A subscription cannot be transferred from a closed location to a new location either inside or outside the current state.Section 8: GovDocs Intellectual Property Ownership.
Customer is notified that the following proprietary systems (including without limitation the software, code and source code, enhancements or modifications to software which comprise such systems) and any other products incorporated into or provided with a GovDocs Postings and Posters subscription shall constitute “Intellectual Property” for purposes of the Subscription Agreement: GovDocs Dashboard, GovDocs Compliance Check, GovDocs Poster Check and the QR code on GovDocs Posters, GovDocs Display Check and the QR codes used with Display Check, Wall Check, Plan-o-grams, GovDocs Poster Files, GovDocs Update Grid, GovDocs Alert and Notifier Programs, GovDocs Internet Poster Program, all integrations between GovDocs systems to third party tools for the purpose of delivering poster files or invoices and the GovDocs Download Center.Section 9: GovDocs Guaranty.
GovDocs will guaranty that all posters, physical or electronic, comply with posting requirements for each jurisdiction’s labor law(s) at the point of sale. GovDocs does not provide any implied or guaranteed useful term of a given poster as changes to posting requirements are not controlled by GovDocs. If an issued poster does not meet compliance at the time of sale, then the sole remedy of Customer will be GovDocs will provide an updated poster at no charge to the Customer.Section 10: Customer Support.
GovDocs’ support team is available from 8:00 a.m.to 5:00 p.m. (U.S. Central Standard Time) from Monday through Friday.Section 11: Acceptable Use Policy
Customer has reviewed, understand and will comply with all terms of Acceptable Use policy.Section 12: Privacy
The information provided through the Products and Services (including the GovDocs ELM Tools and any Subscription) is not and shall not be construed as legal, regulatory, tax, accounting or other professional advice or sufficient to satisfy any legal, regulatory, tax, accounting or other professional requirements. Such information has been obtained from sources GovDocs believes to be reliable; however no guarantee is made or implied with respect to its accuracy, timeliness or completeness, and all such information is subject to change without notice. Customer shall conduct its own due diligence and seek the assistance and advice of a qualified legal, tax or accounting professional, and Customer assumes sole responsibility for decisions or opinions made by Customer in the course of using any of the Products and Services (including any Subscription, the GovDocs ELM Tools and/or ELM Data).Section 14: Customer Locations and Data
Customer represents that all Customer Information in the Order Document is correct as of the date of the Order Document. Customer shall either promptly provide to GovDocs any revisions to such Customer Information occasioned by relocation, changes in personnel or other information provided in the Order Document or make updates to Customer Locations and/or Customer Information via GovDocs’ on-line tools. Customer is solely responsible for selecting and providing to GovDocs the Customer Locations it elects to be included in Customer’s Subscriptions. Customer acknowledges that GovDocs has no responsibility for missing or incorrect information regarding Customer Locations, or for Customer Locations that Customer does not include in Customer’s Subscription. Customer acknowledges that the ELM Data provided to Customer through a Subscription is dependent upon accurate and up-to-date Customer Information.Section 15. Representations; Limited Warranty.A.
GovDocs represents and warrants that it has the right to make the Products and Services available to Customer under these Terms & Conditions and that such Products and Services will perform as expressly provided in these Terms & Conditions.B.
Customer represents and warrants that the information Customer provides in connection with the Products and Services is current, accurate and complete.C.
Customer is solely responsible for following all usage instructions, for adhering to minimum recommended technical requirements, for any access to or use of the GovDocs ELM tools in any manner which violates these Terms & Conditions, for failure to provide accurate and complete Customer Information, for failure to implement and maintain proper and adequate cyber security, back-up and recovery measures, for third party software and for malfunction of Customer’s hardware. Customer is also responsible for the acts and omissions of its Affiliates and Authorized Users in breach of these Terms & Conditions.D.
In their respective performance of these Terms & Conditions, both parties will comply with all Applicable Laws. “Applicable Laws” means any applicable country, federal, state and local law, ordinance, statute, by-law, regulation, order, regulatory policy (including any requirement or notice of any regulatory body), compulsory guidance or industry code of practice, rule of court or directives, or binding court decision or precedent, each of the above as may be amended from time to time.E.
EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS & CONDITIONS, ALL PRODUCTS AND SERVICES ARE PROVIDED TO CUSTOMER “AS IS” AND ON AN “AS AVAILABLE” BASIS. GOVDOCS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS OR CLAIM OF ANY KIND RELATING IN ANY WAY TO THE USE OF THE PRODUCTS AND ANY CONTENT CONTAINED THEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.Section 16. Limitations on Liability
The following provisions shall apply to and shall govern any claim, action, demand, judgment or proceeding based on, arising out of, related to or in any manner connected with these Terms & Conditions (including any applicable Order Documents and applicable Supplemental Terms and Conditions) or the subject matter hereof, regardless of the form of action:A.
IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY OTHER PERSON OR ENTITY FOR: (1) CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES, OR (2) DAMAGES OF ANY KIND FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, OR (3) DAMAGES OF ANY KIND FOR BUSINESS INTERRUPTION, LOST OR DAMAGED DATA OR LOSS OF BUSINESS INFORMATION, GOODWILL, REPUTATION OR PRIVACY, OR (4) COSTS OF PROCURING SUBSTITUTE GOODS, SOFTWARE OR SERVICES; INCURRED BY EITHER PARTY OR ANY THIRD PARTY, HOWEVER ARISING, WHETHER IN AN ACTION IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY OR ANY OTHER PERSON COULD REASONABLY HAVE FORESEEN THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.B.
Except for claims covered by the Indemnification provisions of Section 17 below, in no event shall either party’s entire, aggregate and cumulative liability to the other party (or an Affiliate of such party) for damages, judgments, claims, liabilities, costs and/or expenses of any and all kinds based on, arising out of, related to or in any manner connected with these Terms & Conditions or any Services or Products (including liability alleged under or in connection with any applicable Order Documents or the Supplemental Terms and Conditions), exceed, in the aggregate, the total fees paid by Customer to GovDocs during the twelve (12) month period preceding the claim giving rise to such liability.C.
The limitations set forth in this Section 16 shall apply whether in an action based on contract, warranty, strict liability, statute, tort (including, without limitation, negligence) or otherwise. The parties agree that the limitations specified in this Section 16 will survive and apply even if any limited remedy specified in these Terms & Conditions is found to have failed of its essential purpose; represent an allocation of risk between the parties; and are an essential and material part of these Terms & Conditions. This Section 16 does not limit, expand or alter either party’s liability for indemnification, which is exclusively stated in Section 17 immediately following.Section 17. IndemnificationA.
BY GOVDOCS: If an unaffiliated third party sues Customer claiming that GovDocs, the GovDocs ELM Tools or ELM Data infringe a United States patent, copyright, trade secret or other proprietary right and the Customer’s use of the GovDocs ELM Tools or ELM Data has been in compliance with these Terms & Conditions, GovDocs will defend Customer against the claim and pay any damages a court finally awards against Customer or that are included in a settlement of the claim, as approved by Customer. Customer agrees to promptly notify GovDocs against any such claim, supply information GovDocs reasonably requests and allow GovDocs to control the defense and settlement. GovDocs shall have no liability for claims that include, relate to or are based on Products or Services not provided directly by GovDocs.B.
BY CUSTOMER: Customer will defend, hold harmless and indemnify GovDocs from and against any third party claims (including claims by Customer’s Affiliates, employees, agents, officers, directors, vendors and customers), liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by GovDocs based on, arising out of or relating to any breach by Customer (or by any Affiliate of Customer) of these Terms & Conditions.Section 18: Governing Law; Jurisdiction and Venue.
These Terms and Conditions shall be governed by and construed under the laws of the State of Minnesota. Each of the parties consents and agrees that all legal proceedings relating to the subject matter of these Terms & Conditions shall be maintained in courts sitting within the State of Minnesota, and that jurisdiction and venue for such proceedings shall lie exclusively with such courts. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address at which it is to receive notice as provided herein.
END OF TERMS AND CONDITIONS