Please read these Terms of Service ("Terms", "Terms of Service") carefully before using https://app.govflex.express (the "Service") operated by Government Proposal Solutions, Inc. ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Freelancers
You acknowledge that you are not an employee of either Government Proposal Solutions, Inc. or its Clients under IRS definitions. You also certify that you are an independent contractor under the state of California’s AB 5 test:
You are free from the control and direction of the Government Proposal Solutions, Inc. and its clients in relation to the performance of your work, both under the contract and in fact;
You perform work that is outside the usual course of Government Proposal Solutions, Inc. and our clients who are government contractors; AND
You are customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for GovFlex Express clients
If you have questions about your status as an independent worker, please consult your Certified Public Accountant (CPA) or attorney. If after consulting your CPA or attorney it is determined that you cannot meet the three part test above, you must not use GovFlex Express.
All Users
Users of GovFlex Express are prohibited from using this website for posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, pornographic, confidential, proprietary, inappropriate, classified, or other material that would violate any law, including without limitation, copyright, trademark, trade secret, or any rights of third parties. GovFlex Express reserves the right to unilaterally determine whether information falls within the categories outlined above, to remove the material from our site, and take additional appropriate action as necessary.
Non-Circumvention Rules
By agreeing to the Terms of Service users of the GovFlex Express service you acknowledge and agree that a substantial portion of the compensation Government Proposal Solutions, Inc. receives for making the Platform available to you is collected through our processing and administrative fee. Government Proposal Solutions, Inc. only receives this processing and administrative fee when a GovFlex Express client and a Freelancer pay and receive payment through the Platform.
Therefore, for 24 months from the time you identify or are identified by any party through the Platform (the “Non-Circumvention Period”), you must use the Platform as your exclusive method to request, make, and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party (the “GovFlex Express Relationship”). You AGREE the only acceptable mitigation is if either the Client or Independent Worker pays GovFlex for each such circumvention:
(a) an “Opt-Out Fee” computed to be the greater of the following amounts: (i) $2,500; or
(ii) 15% of the cost to the Client of the services to be performed in the GovFlex Express Relationship during the Non-Circumvention Period, as estimated in good faith by the prospective Client; or
You affirm your commitment to authorized use, specifically including non-circumvention of our software licensing agreement or business processes.
You ADMIT any violation of this non-circumvention provision is significant and will require appropriate action to include referral to the appropriate U.S. Government authorities, in accordance with Department of Defense and other Federal Agency Directives and Regulations.
As an online marketplace the foundation of our business relies upon the integrity of the system and assuring compliance for all parties involved. If circumvention or other violation of this clause is identified, Government Proposal Solutions, Inc. will review the circumstances, possible mitigating conditions and corrective actions. Upon completion of that review Government Proposal Solutions, Inc. reserves a full range of administrative and legal options, to include reporting to the appropriate governmental agency, termination of our agreement with financial penalties including no refund, as well as other remedies.
Additional Prohibited uses of the GovFlex.com website
We reserve the right, but do not assume the obligation, to investigate any potential violation of any potential violation of our Terms of Service and to remove, disable access to, or modify any content on the Site. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Use or the User Agreement.
Following are examples of uses that are prohibited when using GovFlex.com. You agree that you will not:
Post anything that contains software viruses, worms, or any other harmful code;
Misrepresent your experience, skills, or information, including by representing another person’s profile, or parts of another person’s profile, as your own;
Respond to posted projects with fake or outrageous information, or submit any information we deem at our discretion to not meet our community standards;
Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of GovFlex;
Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
Use bots or other automated methods to access the Services, add or download information, respond to projects posted, or send or redirect messages;
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Government Proposal Solutions, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Government Proposal Solutions, Inc.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Government Proposal Solutions, Inc.
Government Proposal Solutions, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Government Proposal Solutions, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Government Proposal Solutions, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Payment Methods
GovFlex Express accepts all major credit and debit cards. GovFlex Express offers payment transparency and security. For more information, please visit: GovFlex SecurePay
Limitation Of Liability
In no event shall Government Proposal Solutions, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Invoice Disputes
Project Postings
Employers submit Project Postings to GovFlex for consideration in its job database, and GovFlex' team researches job listings for consideration to be added to its job database. In either case, every job will be reviewed to ensure it meets the quality and relevancy criteria. GovFlex reserves the right to reject Project Postings in our sole discretion. Additionally, GovFlex is used by candidates to post Resume Profiles (and related application materials) and to apply for Projects. GovFlex is not to be considered an Employer, a headhunter, a staffing agency, or in any similar capacity with respect to the use of our Site or the services we provide. Accordingly, GovFlex shall not be responsible for any employment decisions, for whatever reason made by any entity posting Projects on our Site. While we take extensive efforts to screen and censor the listings offered in the interest of preventing scams, abuse, and/or illegal activity, we are not responsible for the actual interactions or negotiations between Companies and their consultants, nor for confirming or controlling the quality, accuracy, or legality of information provided by Users (which include consultants and Companies) on the Website.
GovFlex may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such Content could create liability for GovFlex, damage GovFlex' brand or public image, or cause GovFlex to lose (in whole or in part) the services of its ISPs or other suppliers. While GovFlex reserves the right in its sole discretion to remove User Content, Project Postings, resumes, or other material from GovFlex from time to time, GovFlex does not assume any obligation to do so and disclaims any liability for failing to take any such action.
GovFlex Consultants are Independent Workers
Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on GovFlex, in the event that you have a dispute with one or more Users, you release GovFlex (and our agents and employees) from claims, demands, and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your interactions with other Users and any such disputes that may result from those interactions.
Consultants may accept additional terms offered by the company. Where the accepted terms contradict the GovFlex terms, the additional terms accepted by the two parties supersede the GovFlex terms only as they relate to resolution of the consultant’s invoices. Companies and consultants agree that all other provisions of the GovFlex terms of service shall be preserved.
Users Based in California
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Additional Agreements Related to Performance by Consultants
GovFlex may contain inaccuracies or typographical errors. GovFlex makes no representations about the accuracy, reliability, completeness, or timeliness of any GovFlex content. The use of all GovFlex content is at your own risk. Changes are periodically made to GovFlex and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any resume or material contained therein placed by you on GovFlex. Companies are solely responsible for their postings on GovFlex. GovFlex is not to be considered a Prime Contractor nor an Employer with respect to your use of GovFlex and GovFlex shall not be responsible for any employment decisions, or the quality of the deliverables for whatever reason, made by any entity using the GovFlex Site.
GovFlex cannot guarantee and does not promise any specific results from the use of GovFlex. No advice or information, whether oral or written, obtained by a User from GovFlex shall create any warranty not expressly stated herein.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Government Proposal Solutions, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Fairfax County, Virginia, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about this service, please visit GovFlex Express Help Center.