Terms of Service

Overview

Thank you for visiting our GovX.com Web site, which includes its related subdomains, services, websites, and tools ("Site"), owned and operated by GovX. "GovX" or "we," "us," "our" and similar references, as used herein, refer to GovX, Inc., and its subsidiaries, divisions and affiliates. While you can access some portions of the Site without becoming a Member (See the Membership section, below, for Membership definitions, qualifications and requirements), you will not be able to view the special pricing and actually purchase products through our special pricing relationships with our vendor-suppliers (“Vendor-Partners”) on our e-commerce marketplace or take advantage,  through secured links, of privileged pricing and special deals from  our participating affiliate companies (“Affiliate-Partners”) through our GovX Advantage Program, and access certain other features. Membership is considered a privilege reserved for current, veterans, reserve or retired members in good standing of the U.S. military and other qualifying government agencies. We offer not only popular brands but also new and “discoverable” brands we believe have special appeal to our Members. GovX Members must not only register, they will undergo a verification process to confirm they are an active, reserve or retired member of the U.S. Military or other qualifying government agency or a member of a U.S. Military branch association or government trade association or union that is an association partner of GovX (“Association-Partner”) and must maintain such Association-Partner membership status, in good standing, throughout their Membership.

1. Use of the Site. 

BY ACCESSING OR USING THIS SITE AS A MEMBER OR SITE USER, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE (THE "TERMS OF USE"). WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE AT ANY TIME. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES. Be sure to read the Terms of Use upon your initial visit to the Site and regularly thereafter as they cover the terms and conditions that apply to your use of the Site and include terms such as limitations of liability, warranty disclaimers, indemnities and other terms which may affect your rights and obligations. If you don’t agree with the Terms of Use, you may not use the Site.

For all Site users, you may use the Site only in accordance with and subject to these Terms of Use and the Site's Privacy Notice (the "Privacy Notice") (available athttp://govx.com/t/privacyinfo ) as well as any other generally-applicable terms available on the Site including but not limited to our Return Policy, and our policies on forum participation and blogs, all of which are made part of these Terms of Use in their entirety and incorporated herein by reference.

You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of GovX, our Vendor-Partners or Affiliate-Partners, other Site users or any other third party. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or Web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of this Site or an employee of GovX; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this Site or any component of this Site; (h) conduct fraudulent activities; (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited e-mail; or (j) use the Site for any purpose other than which it is expressly intended.

Access to and use of password protected and/or secure areas of the Site is restricted to Member users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

2. Membership. 

Membership in the Site is available to persons who are 18 years and older, who have properly registered, and whose registration and proof of (i) a qualifying federal, state or local government employment or retirement status has been accepted and verified by us, (ii) are members in good standing with a GovX Association–Partner, or (iii) the spouse of a registered GovX Member through our spouse account invitation and approval program, and who have not been suspended or removed by GovX for any reason (a "Member," or “Membership”).

Eligibility; Registration. 

For prospective Members, once you complete and submit your registration, including proof of your status as a member of the U.S. Military or federal, state or local government agency including fire, police, DEA, FBI, Border Patrol, Homeland Security or a member of a GovX Association-Partner as described and listed in our registration section of the Site. or the spouse of a qualifying Member, and are accepted in our sole discretion by us, you will become a Member and continue such Membership for as long as you maintain your government employee (or retired) status in good standing, or membership in good standing with a GovX Association-Partner or remain the spouse of a Member, and are otherwise in good standing with GovX. Once you complete and submit your registration, you have opted in to receive email communication from us (Please see our Privacy Notice regarding how to opt out of certain email communications). By becoming a Member you represent that at all times during your Membership (including any Membership renewal terms) you are an employee or retiree in good standing of the U.S. Military or Federal, state or local government agency and, if applicable, Association-Partner as identified in the registration information and materials you provided to us, with adequate proof of same as acceptable to us, at our sole discretion. Membership is available only by a valid acceptance by GovX of users who have successfully completed the Site's registration and verification form. If you submit an application and do not qualify, you may not use the Site to view product and service pricing, conduct transactions or use other services and benefits reserved exclusively for Members. As a Member, you agree to provide, and represent that you have at all times provided, true, accurate, current, and complete information about yourself as prompted by the Site's registration and verification form, and pursuant to any additional inquiries by GovX or its Vendor-Partners or Affiliate-Partners. We reserve the right to suspend, terminate, revoke or prohibit your Membership for any reason at any time, without notice, but, in particular, upon any violation of any of these Terms of Use or the Privacy Notice.

By completing a Membership Application, You agree that GovX may utilize the information provided by you, including identification information and documents, to verify your current and/or veteran/retired status with the associated U.S. Military or Federal, state or local government agency, GovX Association-Partner, directly or through a government employee identification service, or status as a spouse of a Member (collectively, “Verification Sources”). You further agree that GovX may reaffirm or re-verify your status with the Verification Sources as needed or required.

Personal Use. 

Participating in this GovX program as a Member is a privilege and as such, and in consideration of your Membership and the benefits it bestows upon you, you agree that your purchases from the Site and our Vendor-Partners and Affiliate Partners shall be for your personal use and not for resale or commercial distribution to others. Our Vendor-Partners and Affiliate-Partners are offering their products and services on or through the Site with special, “privileged pricing” reserved exclusively for qualifying Members. They do so in reliance upon your status as a qualifying Member and that your purchase will be for the private individual use of Member or Member’s family. You agree that you will not sell or permit the sale of the products purchased on the Site or divert such products for resale or redistribution to any other resale channel whatsoever, including but not limited to, the Internet, swap meets or other formal or informal distribution channels without the express written permission of GovX. GovX intends to enforce these restricted sale terms, as in all of the terms of these Terms of Use, to the fullest extent of the law. Your privileged status, your honesty and the integrity in your use of the Site are basis upon which we and our Vendor-Partners and Affiliate-Partners make these products available with such special pricing. To that end, we may limit purchases or investigate unusual quantities purchased on the Site whether occurring in one transaction or a series of transactions, suspend or terminate your Membership without notice, and/or vigorously seek to enforce these Terms of Use against those who may breach these restrictions.

Account Security

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you are liable for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.

3. Additional Terms and Conditions

Additional terms and conditions may apply to specific portions of or products on the Site or your Membership, which terms are made part of these Terms of Use in their entirety and incorporated herein by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted or emailed for, or applicable to, a specific portion of or products on the Site or your Membership, the latter terms shall control with respect to your use of that portion of the Site, the products or your Membership.

4. Limitations and Product Liability. 

The Vendor-Partner or Affiliate-Partner is the provider of the goods and/or services that you purchase through the Site and, as such, the Vendor-Partner or Affiliate-Partner shall be fully responsible for any and all loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) arising out of or related to the purchased product or service. GovX does not process the purchase, payment of or shipping related to any product or service you purchase from any Vendor-Partner or Affiliate-Partner. GovX is not liable for any purchase, payment or shipping errors, damage, harm or losses, and is not responsible for the payment processing or security of any of its Vendor-Partners or Affiliate-Partners. Your transactions and interactions with any Vendor-Partner or Affiliate-Partner are governed solely by their respective purchase, warranty, return and other policies. You waive all claims against and release GovX and its officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, and suppliers (other than Vendor-Partners and Affiliate-Partners), from any liability or responsibility for any harm, damages or losses arising out of your purchase of products or services on the Site or otherwise from Vendor-Partners or Affiliate-Partners. If you have problems with our Vendor-Partners, Affiliate-Partner or their goods, services and/or experiences provided, or to be provided, in connection with a purchase, we will use reasonable efforts to assist you in dealing with them.

GOVX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GOODS OR SERVICES PURCHASED ON THE SITE OR THROUGH ANY LINK ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL GOVX BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH SUCH GOODS OR SERVICES.

5. Member Postings, Testimonials and Reviews. 

The Site may provide Members with the ability to send testimonials to us, to post messages and reviews of products and services on the Site and provide other information, materials or opinions. You are solely responsible for your account, password, profile, messages, notes, text, information, opinions, testimonials, reviews, ideas and any other content you post, upload, submit, publish, or display (hereinafter "post") on or through the Site, or transmit to or share with other Members (collectively, the "Member Content"). Any Member Content that is posted is public and will not be treated as confidential. GovX has the right but not the obligation to monitor and decline, edit, or remove (without notice) all or any portion of any Member Content for any reason or no reason. If GovX chooses at any time, in its sole discretion, to monitor Member Content, it still has no responsibility for the Member Content or for the conduct of the Member posting the Member Content or to edit or remove any Member Content, except as required to comply with copyright or other applicable laws. If you are involved in a dispute with one or more Members of GovX, you release GovX and its Vendor-Partners and Affiliate-Partners (including our and their officers, directors, employees and agents) from claims, demands, and damages (actual and consequential) of every kind arising out of or in any way connected to any dispute.

When you post or otherwise make available any Member Content for inclusion on any part of the Site, you are hereby granting GovX an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, transmit, reproduce, adapt, modify, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), create collective works and distribute such Member Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, or for GovX’s business, including without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) in any media or distribution method (now known or later developed), to prepare derivative works of, or incorporate into other works, such Member Content, and to grant and authorize sublicenses of the foregoing. For this reason, do not post or otherwise make available to us any Member Content that you do not wish to license to us. You represent and warrant that you will not provide any Member Content to which you do not have the full right to grant the license specified in this Section. You waive all “moral rights” and similar rights in the Member Content which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant to GovX that GovX is free to exercise its rights to and/or implement your Member Content if it so desires, without obtaining permission or license from any third party and without reference or compensation to you or any other person.

All Member Content is the responsibility of the Member, not GovX. In addition to the restrictions set forth in these Terms of Use, you agree not to use the Site to post content or other communications that contain (i) political, libelous or otherwise unlawful, abusive, or obscene material; (ii) advertisements of any kind; (iii) personal information (such as social security numbers, military IDs, addresses, phone numbers, etc.); (iv) confidential information of GovX; (v) any chain letters, pyramid schemes, spam, contests, or promotional material; (vi) messages that offer unauthorized downloads of any copyrighted or private information; and (vii) information similar or related to the foregoing. You further agree not to send email invitations to join the Site (each, an "Invite") to people who do not know you or who are unlikely to recognize you as a known contact. We may from time to time use the information you provide for Invites to send reminders to such invitees to accept the Invite to become a Member. 

UNDER NO CIRCUMSTANCE SHALL ANY DISCLOSURE OF ANY MEMBER CONTENT TO GOVX BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION. BY SUBMITTING ANY MEMBER CONTENT TO OR THROUGH GOVX, YOU REPRESENT AND WARRANT THAT ALL YOUR MEMBER CONTENT WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY, OR OTHER PERSONAL OR PROPRIETARY RIGHTS. YOU REPRESENT AND WARRANT THAT NO MEMBER CONTENT WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE, OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR MEMBER CONTENT. YOU REPRESENT AND WARRANT TO GOVX THAT GOVX IS FREE TO USE THE MEMBER CONTENT, AND IMPLEMENT ANY SUGGESTIONS CONTAINED THEREIN, IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY GOVX, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY AND WITHOUT ANY COMPENSATION TO YOU, AS DESCRIBED IN THESE TERMS OF USE.

6. Accuracy of Content; Limitations on Product Quantity and Availability

Excluding Member Content, the information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation, and to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, or terminate an event or promotion (i.e., “GovX Deal of the Day”) at any time without notice (including after an order has been submitted and/ or acknowledged). The inclusion of any products, services on this Site at a particular time does not guarantee that the products or services will be available. If a product or service offered and sold on the Site is not as described, your sole remedy is to return it subject to the terms set forth herein and subject to the return policy of the relevant Vendor-Partner or Affiliate-Partner.

7. Proprietary Rights. 

Excluding Member Content, you acknowledge and agree that the content, software, technology, materials, images and other components (including but not limited to our logos, graphics, videos, music, button icons, and page headers) available on the Site are the property of GovX and/or its Vendor-Partners, Affiliate-Partners, Association-Partners, suppliers or licensors and are protected by copyright, trademark, service mark, and/or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any content or material on the Site, provided, however, that you may download, post, print and store limited, unaltered portions of the foregoing solely for your personal use in connection with using the Site for its intended purposes. Reference to any products, services or other information by trade name, trademark, manufacturer, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof or any affiliation therewith by GovX. All trademarks not owned by GovX that appear on the Site are the property of their respective owners. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited. We are not liable for any infringement of any copyrights, trademarks, patent, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our Vendor-Partners, Affiliate-Partners or suppliers.

8. Links to and from Third-Party Websites; No Implied Endorsements. 

This Site may contain links to our Vendor-Partners, Affiliate-Partners, Association-Partners and other websites on the Internet. You acknowledge that we have no control over such websites and that we are not responsible nor do we have any liability for the accuracy, content, legality, products, services, security or any other aspect of any linked website. In no event shall any reference to any third party, third party website, or third party product or service be construed as an approval or endorsement by us of that third party, third party website, or of any product or service provided by a third party. In addition, we may have marketing, linking or other affiliations with other businesses or organizations, which may include fraternal or nonprofit organizations for the benefit of military or governmental personnel or retirees (“marketing affiliates”), whose websites contain links to this Site. You agree that these marketing, linking or other arrangements shall not be construed as an approval or endorsement by any of our marketing affiliates of any product or service provided on this Site. You also agree that our marketing affiliates do not assume nor bear any responsibility or liability for the accuracy, content, legality, products, services or any other aspect of GovX, our Vendor-Partners Affiliate-Partners or this Site. 

9. Indemnification. 

By using this Site, you agree to indemnify, hold harmless, and defend GovX and its Vendor-Partners, Affiliate-Partners, Association-Partners and our and their respective officers, directors, employees, successors, agents, partners, contractors, vendors, manufacturers, distributors and representatives (collectively, the "GovX Indemnities") from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the Site; (ii) a dispute with a Member; (iii) your breach of the Terms of Use; (iv) your violation of any law or the rights of a third party; and (v) your Member Content. You agree to cooperate as fully as reasonably required in the defense of any claim. GovX reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless the GovX Indemnities.

10. Disclaimers. 

GovX is not and shall not be at any time responsible or liable for any loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) arising out of or related to any product or service sold or offered through the Site, any Member Content, or any act or omission by Members of the Site, GovX or by any third party or by any of the equipment or programming associated with or utilized by the Site. Any content submitted by our Vendor-Partners or Affiliate-Partners does not necessarily reflect the opinions or policies of GovX. GovX assumes no responsibility for any error, omission, interruption, delay, communications line failure, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, any Member Content or other Member communications on the Site. GovX is not responsible for any problems or technical malfunction of any telephone or cable network or lines, computer systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to Member's or other person's computer related to or resulting from participation on or through the Site. GovX is not responsible for the activities of third-party unauthorized users, hackers or other individuals who gain unauthorized access to the GovX site and information therein. THE SITE, ITS CONTENT AND ALL TEXT, IMAGES, MERCHANDISE, SERVICES AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, GOVX DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability. 

IN NO EVENT SHALL GOVX OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, DISTRIBUTORS, SUPPLIERS, VENDOR-PARTNERS, AFFILIATE-PARTNERS OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF PRODUCTS OR SERVICES OFFERED OR SOLD THROUGH THE SITE, THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY GOVX OR ITS VENDOR-PARTNERS OR AFFILIATE-PARTNERS, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF GOVX HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF GOVX OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, DISTRIBUTORS, SUPPLIERS, VENDOR-PARTNERS, AFFILIATE-PARTNERS OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO GOVX IN CONNECTION WITH THE APPLICABLE MERCHANDISE, SERVICE, EVENT, PROMOTION, TRANSACTION OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY. YOUR SOLE REMEDY AGAINST GOVX FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, products, services and experiences available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such states some or all of the above disclaimers or exclusions may not apply and liability will be imposed to the fullest extent permitted by applicable law.

12. International Use. 

We do not make shipments outside the United States other than through APO/ FPO addresses and, therefore, make no representation that information or products on this Site are appropriate or available for use or export outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

13. Risk of Loss. 

The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our Vendor-Partner’s delivery to the carrier. We and our Vendor-Partners will assist you in initiating a claim under such shipping arrangements.

14. Unavailability of Site; Termination; Fraud. 

We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice, liability or cost. In addition, the Site may be temporarily unavailable from time to time for maintenance or other reasons. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Site or your account or Membership, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use or your Membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

15. Copyright Infringement; Notice and Take Down Procedures. 

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any materials on this Site infringe your copyright, you may provide written notice of such and request that they be removed. To be effective, this notice and request must contain certain elements specified by the DMCA, which include bearing a signature (or electronic equivalent) of the copyright holder or an authorized representative, and (a) identifying the allegedly infringing materials; (b) indicating where on the Site the infringing materials are located; (c) providing your name and contact information; (d) stating that you have a good faith belief that the materials are infringing; (e) stating that the information in your claim is accurate; and (f) indicating that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send this Site a counter-notice. The above is just a summary of the notice and counter-notice requirements and notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for further information. Our designated agent for copyright issues relating to this Site (including the notices and counter-notices) is Legal@govx.com . Please note that there are penalties for false claims under the DMCA.

16. Choice of Law and Forum. 

These Terms of Use and any dispute of any sort that might arise between you and GovX shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding the United Nations Convention on Contracts for the Sale of Goods, as amended from time to time. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the state or federal courts in San Diego, California; provided, however, that notwithstanding anything contained in these Terms of Use to the contrary, we shall have the right to institute judicial proceedings in any court against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non-conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. In addition, you expressly waive any right to a jury trial in any legal proceeding against GovX or its officers, directors, employees, agents, or successors under or related to these Terms of Use. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.

17. Severability of Provisions. 

These Terms of Use incorporate by reference the Privacy Notice and all notices and disclaimers contained on the Site and constitute the entire agreement between you and us with respect to access to and use of the Site. If any provision of these Terms of Use is found unlawful, void or unenforceable, such provision shall be deemed to be revised to a valid and enforceable provision that most closely approximates the original intent of the parties (or, if such revision is not permissible, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability), and the remaining provisions of these Terms of Use shall not be affected, and shall remain in full force and effect.

18. Modifications to Terms of Use; Additional Features. 

We reserve the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Site after any such changes constitutes your consent to such changes. In addition, from time to time, we may offer you new or additional features; additional terms may apply to these features and such additional terms will be deemed part of these Terms of Use (and if they conflict with other terms of these Terms of Use, they shall control with respect to such new or additional features). Subscribing to or using such new or additional features constitutes your consent to such additional terms.

19. Miscellaneous. 

Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and GovX with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and GovX with respect to the Site. The failure of GovX to act with respect to a breach by you or others does not waive GovX’s right to act with respect to subsequent or similar breaches. GovX’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GovX without restriction. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use.

20. California Consumers. 

Pursuant to California Civil Code § 1789.3, California users of the GovX website are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, by telephone at (916) 445-1254 or (800) 952-5210 or facsimile at (916) 574-8676.21. Contacting Us. If you have questions regarding our Terms of Use, its implementation, failure to adhere to these Terms of Use and/or our general practices, please contact us at info@govx.com. You can also reach us at:

GovX, Inc.
7817 Ivanhoe Avenue, Suite 200
La Jolla, CA 92037
http://www.govx.com

© 2014 GovX, Inc. All rights reserved.

Last Updated: January 16, 2014