Terms of Use

The Govascend.com website (the "Site"), which is owned and operated by Govascend, offers user-provided and edited information regarding mobile applications. The Site may provide the means for a Visitor to acquire and disseminate a wealth of public, private, commercial and non-commercial information.

Use of Site

The Site may, in its sole discretion and without notice, deny any person or company access to the Site or any portion thereof. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any manner that could damage, disable, overburden or impair any Site server or interfere with any other Visitor’s use and enjoyment of the Site. You may not attempt to gain unauthorized access of any form or kind to other’s accounts, information, computer systems or networks connected to the Site server or related to the Site through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

Govascend reserves the right to refuse service, terminate account(s) and/or prohibit access to the Site in its sole discretion, including, without limitation, if it believes that conduct violates applicable law, is harmful to the interests of Govascend or for any other reason. Govascend further reserves the right to pursue any legal action available against any User whose use violates the state, federal or local law or these Terms and Conditions.

The availability of the Site, and any information included on the Site, is subject to change without notice.

Third-Party Content

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. The Site contains information that is provided by Registered Users and third parties, and Govascend cannot, and does not, monitor, verify, warrant or vouch for the accuracy and quality of the information that you may acquire from the Site. Also, it is solely your responsibility to exercise your best judgment in relying on information contained on the Site. Visitors should be aware that some material posted to the Internet, and subsequently on the Site, may be sexually explicit or otherwise offensive.

Govascend does not review, edit, censor or take responsibility for any information the Site's Registered Users may create. Govascend will not be liable for any injury to you that results from the use of any inaccurate, unsuitable, offensive or illegal Internet communications, including, but not limited to, content created by the Site’s Registered Users. Govascend does not endorse any particular content or information available on the Site.

Govascend does not and cannot represent that any content or information available on or through the Site is accurate, appropriate, decent, in compliance with laws, suitable for any purpose, sufficient to meet your needs or interests in reviewing it or is what it purports to be. The Site contains hyperlinks and/or other references to other websites which Govascend does not own or operate. Such hyperlinks are provided for your reference only. Govascend makes no warranties or representations regarding the availability of, or the content located on or through, such third-party websites. Moreover, Govascend does not endorse, sponsor or review the content contained at the Internet websites to which hyperlinks are directed, nor does the Site represent that such websites are appropriate for children, in compliance with laws or are what they purport to be. Govascend will not be liable for content contained at such other Internet websites. Likewise, the parties who own, control or operate the sites at which such hyperlinks are directed do not necessarily have knowledge of, endorse, sponsor or approve of the hyperlink or content contained at the Site.

Disclosure of Visitor Information

Govascend may disclose information about Site Visitors, including any Registered Users or Partners, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Govascend assumes no obligation to inform the Visitor that his or her information has been provided, and in some cases, may be prohibited by law from providing such notice. Govascend reserves the right to and may disclose subscriber information or information transmitted over its network where necessary to protect the Site and its Users from harm, or where such disclosure is necessary to the proper operation of the system.

Cookies and Web Beacons

When you visit the Site, it may send your computer a cookie to identify your browser. Cookies allow Govascend to track and compile your browsing habits on the Site. The Site uses cookies for such functions as verifying whether you are a Registered User, tracking your visits to the Site and determining the number of Visitors that visit the Site. Your cookie number may also be used to create usage paths and to correlate those with any demographic information you provide, but Govascend does not use such cookies or usage paths to attempt to determine your identity. The Site may use cookies to serve specific advertisements to you on the Site based on your browsing habits, which were tracked by the cookies.

Most browsers allow you to disable cookies (i.e., not allow the Site’s servers to send Cookies to your browser), however, some of the Site's services may not function properly if you disable cookies.

Govascend may also use technology, such as pixel tags (also known as clear gifs) and web beacons, in connection with emails the Site may send you (provided you consent to receive emails) to allow Govascend to determine if you opened the email.

Govascend may also use such technology to track your browsing habits on the Site. Govascend uses technology, including pixels and web beacons, to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. Govascend may use technology, including pixels and web beacons, to serve specific advertisements to you on the Site based on your browsing habits, which were tracked by the technology.

Access to the Site

The proprietary software associated with the Site, which shall be deemed to include any enhancements or modifications thereto and any related documentation, is a copyrighted work (and subject to other intellectual property laws). Subject to your compliance with the Terms and Conditions, and in consideration of your promises reflected in these Terms and Conditions, Govascend grants to you a personal, nonexclusive, non-assignable, non-sub licensable and nontransferable license to use the Site (and the underlying accessible software for the sole purpose of using this Site) from a single computer and to use the Site solely as permitted under the Terms and Conditions.

Acceptable Use Policy

All Visitors must comply with the Site's Acceptable Use Policy. You agree to comply with the Acceptable Use Policy and not to engage in any of the activities that are prohibited in the Acceptable Use Policy (available below). Govascend will not, as an ordinary practice, monitor the communications of its Visitors to ensure that they comply with the Site's policy or applicable law. When Govascend becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, editing or modifying information, removing information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to the Site or take any other action it deems appropriate.

Intellectual Property Policy

All Visitors must comply with Govascend's Intellectual Property Policy (available below).

Disclaimer of Warranties

YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. GOVASCEND.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VISTIONTEK MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GOVASCEND MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE. GOVASCEND MAKES NO WARRANTY AS TO THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE DIRECTORY.

Limitations of Liability

YOU AGREE THAT GOVASCEND WILL NOT BE LIABLE FOR ANY ACTUAL, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR USE OF THE SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM YOUR INABILITY TO USE THE SITE, FROM THE INTERRUPTION, SUSPENSION, MODIFICATION OR TERMINATION OF THE SITE OR OTHERWISE. YOU AGREE THAT GOVASCEND'S ENTIRE AGGREGATE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO YOUR USE OF THE SITE AND SITE CONTENT AND ANY SERVICES PROVIDED UNDER THE TERMS AND CONDITIONS AND ANY BREACH OF THE TERMS AND CONDITIONS, IS SOLELY LIMITED TO THE AMOUNTS PAID FOR SUCH ACCESS, USE AND/OR SERVICES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

General Information

If there is any dispute about or involving the Site or Govascend, you agree that any such dispute will be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in Broomfield County, Colorado. The failure of Govascend to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The invalidity or unenforceability of any provision of these Terms and Conditions shall in no way affect the validity or enforceability of any other provision. The section headings in these Terms and Conditions are provided for convenience of reference only and are not to be considered in construing or interpreting these Terms and Conditions.

Acceptable Use Policy

Govascend respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Govascend reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Govascend has developed an Acceptable Use Policy. This Acceptable Use Policy sets forth your rights and obligations when utilizing Govascend.com (the “Site”) as a Visitor, including a Visitor who is also a Registered User or a Partner. This Acceptable Use Policy will be revised from time to time. A Visitor’s use of the Site, after changes to the Acceptable Use Policy are posted on the Site, will constitute the Visitor’s acceptance of any new or additional terms of the Acceptable Use Policy that result from those changes.

Govascend does not review, edit, censor or take responsibility for any information that the Site's Registered Users may create. When Registered Users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech.

Last Updated: September 24, 2009

Prohibited Activities

Visitors shall not engage in any of the following prohibited activities, which are considered violations of the Site’s Acceptable Use Policy:

• Spamming. Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). When a complaint is received, Govascend has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
• Intellectual Property Violations. Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations or other entities. Also, engaging in any activity that vioates privacy, publicity or other personal rights of others. In some circumstances, the Site is required by law to remove or block access to content upon receipt of a proper notice of copyright infringement. It is the Site's policy to terminate the privileges of Users who commit repeat violations of copyright laws and/or the Terms and Conditions and/or this Acceptable Use Policy.
• Obscene Speech or Materials. Using the Site to advertise, transmit, store, post, display or otherwise make available child pornography or obscene speech or material. Govascend will notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Site's network.
• Defamatory or Abusive Language. Using the Site's network as a means to transmit or post unlawful, harmful, defamatory, libelous, harassing, abusive or threatening language.
• Forging of Headers. Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
• Illegal or Unauthorized Access to Other Computers or Networks. Accessing illegally, or without authorization, computers, accounts or networks belonging to another party or attempting to penetrate security measures of another individual's system (often known as "hacking"). Engaging in any activity that might be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information gathering activity).
• Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities. Distributing information regarding the creation of and/or sending of Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Engaging in any activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
• Facilitating a Violation of this AUP. Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate the Terms and Conditions or the Acceptable Use Policy, which includes the facilitation of the means to spam, initiate pinging, flooding, mail bombing, denial of service attacks and piracy of software.
• Export Control Violations. Exporting encryption software over the Internet or otherwise, to points outside the United States.
• Use of the Site. Engaging in any of the following activities: (i) copying or distributing any software or source code behind the Site to any third party; (ii) reverse engineering, disassembling or decompiling any portion of the Site or otherwise attempting to discover or re-create the source code to the Site; (iii) failing to comply with all applicable laws in using or accessing the Site; (iv) making any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of the Site (except for the content); and (v) removing, altering or obscuring any proprietary notices (including copyright notices) of Govascend or its suppliers in any portion of the Site, unless you have a separate written agreement with Govascend authorizing you to do so.
• Other Illegal Activities. Engaging in activities that are determined to be illegal, including advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
• Other Activities. Engaging in activities, whether lawful or unlawful, that Govascend determines to be harmful to its subscribers, operations, reputation, goodwill, customer relations and Visitors, including Registered Users and/or Partners.

Compliance with the Acceptable Use Policy

Govascend will not, as an ordinary practice, monitor the communications or content of its Registered Users to ensure that they comply with the Site's policy or applicable law. When Govascend becomes aware of activities it, in its sole discretion, determines to be harmful, however, it may take any action to stop the harmful activity, including, but not limited to, modifying or removing information, shutting down a web page, implementing screening software designed to block offending transmissions, denying access to the Site or take any other action it deems appropriate.

Reporting Violations of the Acceptable Use Policy

To submit a complaint regarding a violation of this Acceptable Use Policy, please email abuse@govascend.com.