Terms and Conditions
Last Updated: 09/21/2024
These Terms of Service (“Terms of Service”) apply to your access, use of individual services, and subscription to and use of the websites, mobile applications, products, or services (collectively, the “Services”) of EIN PLUS LLC d/b/a GovPlus (collectively, “GovPlus,” “we,” “us,” or “our”). These Terms of Service are a legally binding contract between you and GovPlus regarding your use of the Service.
PLEASE READ THESE TERMS CAREFULLY:
BY CLICKING “I ACCEPT” OR SIMILAR LANGUAGE, PLACING AN ORDER OR PURCHASING THE SERVICES USING THE ONLINE FUNCTIONALITY WE MAKE AVAILABLE, OR BY OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE PRIVACY POLICY, AND ANY OTHER TERMS INCORPORATED BY REFERENCE (TOGETHER, THESE “TERMS”). THESE TERMS DO NOT ALTER IN ANY WAY THE TERMS OR CONDITIONS OF ANY OTHER AGREEMENT YOU MAY HAVE WITH US, OUR SUBSIDIARIES, OR AFFILIATES, IN RESPECT OF ANY OTHER SERVICES, WEBSITES OR OTHERWISE. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND GOVPLUS’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY GOVPLUS AND BY YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE. These Terms include an agreement to resolve any disputes through binding arbitration that includes a class action waiver, as well as important disclaimers, warranties and limitations on liability. SECTION 21 (DISPUTE RESOLUTION; ARBITRATION) CONTAINS A MANDATORY ARBITRATION PROVISION, AND YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. BY ACCEPTING THESE TERMS, YOU AND GOVPLUS ARE LIMITING THE REMEDIES AVAILABLE IN THE EVENT OF CERTAIN DISPUTE, INCLUDING WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
YOU AGREE TO RECEIVE TEXTS OR CALLS FROM OR ON BEHALF OF GOVPLUS AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS OR CALLS WILL INCLUDE OPERATIONAL USE OF THE SERVICE AS WELL AS MARKETING AND PROMOTION. YOU UNDERSTAND AND AGREE THAT THESE TEXTS OR CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.
1. Service Overview
Our Service assists users completing certain government forms, including submitting government forms using our Service, pre-fills applications, and other related benefits depending on the government form.
2. Eligibility
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
3. Agency Appointment
As necessary for us to provide you the Service, you hereby appoint GovPlus as your agent to do the following: (a) submit government applications on your behalf, (b) represent you before various governmental entities or other organizations where we submit your applications or forms, (c) receive information related to applications or forms filed on your behalf, (d) answering any questions from the applicable governmental entity or organization on your behalf, and (e) perform other similar actions on your behalf related to the Services you purchase.
4. SERVICE RELATED DISCLAIMERS
- AUTHORIZED BY. GovPlus is authorized by the U.S. Department of State, through its subsidiary Premier Passports LLC, to process expedited passport applications, by the Internal Revenue Service (IRS) as an authorized e-file provider, by the Financial Crimes Enforcement Network (FinCEN) as a Beneficial Ownership Information (BOI) provider.
- OTHER THAN THE ABOVE, GOVPLUS IS NOT AFFILIATED WITH ANY OTHER GOVERNMENT ENTITY. GOVPLUS IS A PRIVATE COMPANY AND IS NOT AFFILIATED WITH ANY GOVERNMENT AGENCY, WHETHER FEDERAL, STATE, OR LOCAL, INCLUDING FOR THE AVOIDANCE OF DOUBT, THE SSA, IRS, STATE, TSA, USCIS, THE DEPARTMENT OF HEALTH, THE DEPARTMENT OF HOMELAND SECURITY, OFFICE OF INSPECTOR GENERAL, US DEPARTMENT OF TREASURY OR THE DEPARTMENT OF TRANSPORT. ALL FEES CHARGED BY US ARE FOR USE OF THE SERVICE AND NOT FOR COMPLETION OF ANY GOVERNMENT APPLICATION. WE DO NOT PROVIDE ANY LEGAL OR FINANCIAL SERVICES. Many government applications are provided, may be completed (or filed) directly with the government for free without the assistance of GovPlus or any other third party. Our Service provides simplified online preparation and filing software to assist in preparing and filing of certain specific applications. GovPlus does not charge any fees for the actual applications or forms, but we charge for your use of the Service, which assists you with completion the applicable form.
- NO LEGAL ADVICE. THE SERVICE (INCLUDING ANY CONTENT CONTAINED THEREIN) IS NOT INTENDED TO, AND DOES NOT CONSTITUTE, ANY LEGAL OR OTHER PROFESSIONAL ADVICE OF ANY KIND. BY USING THE SERVICE, INCLUDING BY SPEAKING TO ANY CUSTOMER SERVICE, THERE IS NO ATTORNEY-CLIENT RELATIONSHIP FORMED.
5. Sharing Information and Privacy Policy
GovPlus collects information from you to streamline your form filing experience. With your verification and at your direction, GovPlus shares the information it collects with governmental agencies, partners, and any other entities you designate to receive it. Depending on the application, GovPlus may show you how to send the information directly to a governmental agency. By using the Services, you hereby consent to such collection, use, and disclosures. Without limiting the foregoing, please refer to our privacy policy (available at https://govplus.com/privacyy-policy (the “Privacy Policy”)) for information about how we collect, use, and disclose information about our users.
6. Registration and Accounts
To access and use certain areas or features of Service, you may need to register for an account. When registering for an account, you agree to: (a) provide accurate, current and complete account information, (b) maintain and promptly update your account information, as necessary, (c) maintain the security of your account credentials, (d) not share your account credentials with others, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account.
7. Licenses
- Limited License to the Service. Subject to your complete and ongoing compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services.
- Restrictions. You are not permitted to (a) sell, rent, lease, lend, redistribute, sublicense or make commercial use of the Services; (b) modify, alter or otherwise make any derivative uses of the Services, or any portion thereof; (c) remove, alter or obscure any copyright, trademark or other proprietary rights notice included in the Services; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than the page caching) any portion of the Services, except as expressly permitted on the Services; (f) interfere with or circumvent any feature of the Service, including any security or access control mechanism; and (g) use the Services other than for their intended purposes. Any use of the Services, other than as specifically authorized herein, is strictly prohibited and will terminate these Terms, including the license granted herein. If you are prohibited under applicable law from using the Service, then you may not use it.
8. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Services. Any use of the Services in violation of these Terms may result in, among other things, termination, or suspension of your rights to use the Services. You agree that you will abide by these Terms and will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from such user and GovPlus;
- Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) collecting personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area, or code of the Services;
- Access or use GovPlus’s proprietary information or processes;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access;
- perform any fraudulent activity, including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission or misrepresenting your affiliation with any person or entity;
- Develop any third-party applications that interact with the Services without our prior written consent;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data, or otherwise interfere with or modify the rendering of Services pages or functionality;
- Use the Service to develop a product or service that is similar or competing with the Service;
- Resell our Services or use our Services to provide commercial services, regardless of whether for profit or not;
- Use the Services to submit information of a third party without prior written consent;
- Use our Services to access or collect any personally identifiable information;
- Bypass or ignore instructions contained in the robots.txt file, accessible at https://govplus.com/robots.txt that controls all automated access to the Services;
- Use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms;
- attempt to do any of the acts described in this Section 8 (Prohibited Conduct) or encourage, assist or permit any person in engaging in any of the acts described in this Section 8 (Prohibited Conduct); or
- in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Services, or that may expose GovPlus or others to any harm or liability of any type.
9. General Payment Terms
- Price. Parts of the Service can be purchased for a single use for a one-time fee, or on a subscription basis for a recurring fee. Each model is described in more detail below. Our latest pricing information is available on our pricing page located at https://govplus.com/pricing (“Pricing Page”). GovPlus will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. Notwithstanding the foregoing, pricing for our Service will be as stated on your checkout page. Subject to Section 9.3 and 9.4, GovPlus may change the fees for any feature of the Service, including additional fees or charges, if GovPlus gives you advance notice of changes before they apply. GovPlus, at its sole discretion, may make promotional offers with different features and different pricing to any of GovPlus’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
- Authorization. You authorize GovPlus to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by GovPlus, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then GovPlus may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If your payment method cannot be verified, is invalid or is otherwise not acceptable, your access to the Service, including any application in progress, may be suspended or canceled. You must resolve any problem we encounter in your payment method to proceed with your access to the Service. You can update your payment method in your dashboard on the Service or by contacting us at contact@govplus.com.
- One-Time Fee. The Service may include the ability to purchase one-time services. By purchasing such a one-time service you agree to pay the amounts on the checkout page.
- Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” means the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize GovPlus or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the “Subscription Fee”, please see our Pricing Page. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. We may change our Subscription Fee or the price of our Service from time to time; however, any such changes will apply no earlier than the next Subscription Period. If you do not wish to accept the price change or change to your Subscription Service you can cancel your subscription before the change takes effect. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. GovPlus or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service on your dashboard or contacting us at contact@govplus.com. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.
- Government Filing Fees.Work Any fees charged by us for the Services do not include any government, state, or notary fees. These additional fees are determined by the applicable governmental authority and will be charged to you using the payment method you provided. FOR THE AVOIDANCE OF DOUBT, WE DO NOT CHARGE ANY FEES FOR ANY RELATED APPLICATIONS OR FORMS OR ASSISTANCE YOU MAY NEED WHEN COMPLETING THE APPLICATIONS, WHICH INCLUDES BUT NOT LIMITED TO OUR, CUSTOMER SERVICE ASSISTANCE, VIA PHONE, CHAT OR EMAIL.
- Taxes. You are responsible for any sales, use, duty, or other governmental taxes or fees due with respect to your purchase and use of our Services, including our Subscription Service. We will collect applicable sales tax if we determine that we have a duty to collect sales tax. We will present any taxes that we are required to collect at checkout, but note that actual taxes charged may be adjusted from the amount shown at checkout.
- Cancelation. If you cancel your membership, your membership will automatically stop at the end of your current Subscription Period. You will no longer be able to file applications included in your membership using the Service. Any pending applications included in your membership will be cancelled. Any fees required by the government for an application can be refunded if payment has not been provided by GovPlus on your behalf.
10. Refunds
GovPlus grants you a seven (7) day period to evaluate the Services. If no Services were rendered, you may receive a refund within such seven (7) day period. No refunds will be issued after such period or if Services were rendered. Services are considered rendered if:(a) an application has been completed and submitted for review; (b) you activated one of our following Services in your dashboard: (i) automatic renewal; (ii) document insurance; (iii) identity protection; (iv) vault; or (v) family members. WE CANNOT REFUND UNDER ANY CIRCUMSTANCES THE FOLLOWING FEES: (1) GOVERNMENT STATE OR FEDERAL FEES; (2) RELATED TAXES AND FEES WHEN APPLICABLE; (3) NOTARY FEES; (4) SHIPPING FEES; OR (5) PRINTING AND PACKAGING FEES ONCE THEY HAVE BEEN PAID ON YOUR BEHALF. If we provide a refunds (or credit), it will be issued to the original payment used at the time of purchase.
11. Application Submission
Any application completed by you on the Service will be submitted by us either electronically or by mail or fax to the applicable governmental agency. EIN PLUS is not responsible for the actual issuing by documents from the applicable government agency. You agree that we are not liable if you do not receive your documents from the corresponding government agency. We are not responsible for government agency operations in any respects, including but not limited to losing the application form, government shutdowns, any act of force majeure or unforeseen circumstances out of our control.
12. Ownership
- General. The Services and all content and other materials therein, including, without limitation, the GovPlus logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Content”) are the proprietary property of GovPlus or our licensors or users and are protected by U.S. and international copyright, trademark, and other laws. Except as expressly authorized by GovPlus, you may not make use of the Content. There are no implied licenses in these Terms and GovPlus reserves all rights to the Content not granted expressly in these Terms.
- Trademarks. “EIN PLUS LLC,” the EIN PLUS LLC logo, “GOV+” and any other GovPlus service names, logos or slogans that may appear on the Services are GovPlus’s trademarks in the United States and other countries, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of GovPlus. All other trademarks, registered trademarks, product names and GovPlus names or logos mentioned on the Service are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the applicable rights holder. Reference to any services, processes, or other information, by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
- Feedback. You may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about GovPlus, and the Services, (collectively, “Feedback”). You hereby grant to GovPlus a non-exclusive, royalty-free, irrevocable, perpetual, transferable, worldwide, sublicensable (through multiple tiers), right and license to reproduce, use, disclose, exhibit, display, transform, create derivative works, and distribute or otherwise exploit in full any such Feedback without limitation. GovPlus shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
13. Third-Party Terms
- Outside Organizations. GovPlus provides tools through the Service that enable you to export information, including User Content, to government entities or other organizations (“Outside Organizations”). By using one of these tools, you hereby authorize GovPlus to transfer that information to the applicable Outside Organization. Outside Organizations are not under GovPlus’s control, and, to the fullest extent permitted by law, GovPlus is not responsible for any Outside Organizations’ use of your exported information. In order for us to provide the Services, you may be obligated to agree to terms and conditions specifically related to filing certain forms with an Outside Organization. Once sharing occurs, GovPlus will have no control over the information that has been shared.
- Websites. The Service may also contain links to third-party websites. GovPlus makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third party websites accessible by hyperlink from the Services. Such third-party sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes, or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. By clicking on a link and going to the applicable third-party website, our terms and policies are no longer govern your use of such website. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
- ISP. Use of the Services may involve transmission of data through your carrier or internet service provider’s (“ISP”) network and may require software. You agree that you are solely responsible for these requirements, including all fees or charges you incur from your ISP in connection with, or related to your use of the Services. GovPlus assumes no liability or responsibility for (a) the payment of any charges you may incur from an ISP, (b) the availability of services from your ISP at any time or from any location, and (c) any loss, damage, or other security intrusion of the ISP.
- Third-Party Content. GovPlus is a private company and is not affiliated with any other business, government, state, county or educational institution. We may provide third party content in addition to the Services and may provide links to web pages and content of third parties (collectively, “Third-Party Content”) as a service to those interested in this information. GovPlus does not control, endorse, or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, and that GovPlus is not responsible or liable in any manner for such interactions or Third-Party Content. The Services may also include features and services provided by third parties, such as payment processing or financial aid services. Use of such Third-Party Content, including links, features, and services, and any other third party material or content on, or made available through, our Services is entirely at your own risk. GovPlus does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties.
14. User Content; User Responsibilities; User Authorization
- User Content. The Services include interactive features and areas that allow users to create, post, submit, upload, publish, share, or otherwise transmit content (“Post”) to or via the Service, including, but not limited to, messages, information, text, photos, videos, graphics, links, music, sound, code, items, or other materials (“User Content”). You are responsible for all User Content you Post. You retain all ownership rights in the User Content. GovPlus does not claim any ownership interest in User Content; however, by Posting User Content to the Services, you hereby grant GovPlus a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to host, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display the User Content for the purpose of operating, improving and providing our Services as set forth in these Terms. For any user testimonials or other reviews you make, you hereby grant us the limited right to include your name, image or other biographical information on our website or other promotional material solely for advertising purposes; provided however that we will remove your name or image from any future promotional materials upon your request.
- User Responsibilities. You agree that you are solely responsible for the User Content you provided to the Service, including (a) determining and complying with the requirements and deadlines of a particular government agency or other entities; and (b) the truth, accuracy, and completeness of User Content that you provide.
- User Content Representations and Warranties. By Posting User Content to GovPlus through the Services, you represent and warrant that (a) you own and control all of the rights to the User Content or you otherwise have all necessary rights to Post such User Content, (b) you authorize GovPlus to use such User Content for the purposes described in these Terms, (c) the User Content is true and accurate to the best of your knowledge, and (d) the User Content, and your use and Posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.
- User Content Disclaimer. We do not control, or take responsibility for any User Content, or for any loss or damage thereto. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content that is Posted or stored on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you Post or store on the Services at your sole cost and expense. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against GovPlus with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, GovPlus does not permit infringing activities on the Service.
- Monitoring Content. GovPlus does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that GovPlus reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time GovPlus chooses to monitor the content, then GovPlus still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below). GovPlus may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who Posted such User Content to the Service or to any other users of the Service.
15. Repeat Infringer Policy; Copyright Complaints
- DMCA Notification. In accordance with the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended) and other applicable laws, we respect the intellectual property rights of others and take the protection of intellectual property rights very seriously. We ask users of the Service to do the same. Infringing activity will not be tolerated on or through the Service. If you believe that anything on the Service infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:
EIN PLUS LLC
Designated Agent: Copyright Manager
2093 Philadelphia Pike #3338
Claymont, DE 19703
Email: DMCA@govplus.com
- Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property right that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.
Your Notification of Claimed Infringement may be shared by GovPlus with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to GovPlus making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
- Repeat Infringers. GovPlus’s policy is to: (a) remove or disable access to material that GovPlus believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. GovPlus will terminate the accounts of users that are determined by GovPlus to be repeat infringers. GovPlus reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
- Counter Notification. If you receive a notification from GovPlus that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide GovPlus with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to GovPlus’s Designated Agent through one of the methods identified in Section 15.1 (DMCA Notification), and include substantially the following information:
- your physical or electronic signature;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which GovPlus may be found, and that you will accept service of process from the person who provided notification under Section 15.1 (DMCA Notification) above or an agent of that person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
- Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to GovPlus in response to a Notification of Claimed Infringement, then GovPlus will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that GovPlus will replace the removed User Content or cease disabling access to it in 10 business days, and GovPlus will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless GovPlus’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on GovPlus’s system or network.
- False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [GovPlus] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” GovPlus reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
16. Modification of Terms
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated; provided however that if you are using the Subscription Service, such revisions will be effective upon the next Subscription Period except as otherwise agreed. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service. Except as expressly permitted in this Section 16 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. If you have any questions about these Terms, please contact us on our contact page.
17. Term; Termination; Modification of Service.
Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in this Section 17.2 (Termination).
- Termination by GovPlus. GovPlus reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. In the event you are in breach of these Terms, and have not cured such breach within 14 days after being notified by GovPlus, GovPlus may immediately terminate these Terms, your account on the Service, your right or access to use the Service, or any applications submitted through the Service. In addition, GovPlus may, with respect to any Subscription Service, terminate these Terms, your account on the Service, or your right to access or use the Service, at any time and for any or no reason; provided however such termination by us will be effective at the end of the then-current Subscription Period. You acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, except as required by applicable law.
- Termination by You. You may terminate your right to use the Services at any time by contacting customer service at contact@govplus.com. Please see our Privacy Policy for any other rights you may have.
- Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay GovPlus any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 12 (Ownership), 17.3 (Effect of Termination), 18 (Indemnification), 19 (Disclaimers), 20 (Limitation of Liability), 21 (Dispute Resolution; Arbitration), 22 (Governing Law and Venue), and 23 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.
- Modification and Availability of the Service. We reserve the right in our sole discretion to modify, the Services (or any features or functionality of the Services) at any time and without notice; provided however that if any such modification materially reduces the functionality or availability of the Subscription Service, we will provide a pro-rata refund. If you have paid for submission of an application our Service that we have discontinued, if have not completed such application prior to us discontinuing the application, we will provide you a pro-rata refund. GovPlus reserves the right to remove and add any application or products offered by the Service at any time. GovPlus will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service. In addition, we will use reasonable efforts to ensure that our Services are generally available. However, there may be occasions when access to our Services are interrupted or unavailable. GovPlus will use reasonable efforts to minimize such disruption where it is within our reasonable control. You agree that GovPlus will not be liable for any modification, suspension, or discontinuance of our Services except as set forth herein, and that any and all amounts paid for our Services are nonrefundable during any modification or availability of service interruption.
18. Indemnification
To the fullest extent permitted by applicable law, you are responsible for your use of the Service, and you agree to indemnify, defend and hold harmless GovPlus and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (collectively, the “GovPlus Parties”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with (collectively, “Claims”), including damages to property, personal injury or death that arise from or relate to: (a) your unauthorized use of, or misuse of, the Service or the Content; (b) your User Content and Feedback; (c) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (d) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (e) any dispute or issue between you and any third party. You agree to promptly notify GovPlus if you become aware of any Claim against the GovPlus Parties. You agree to cooperate with GovPlus in defending all Claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and GovPlus.
19. Disclaimers
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES, INCLUDING ANY CONTENT MADE AVAILABLE ON THE SERVICE, IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY, AND EFFORT IS WITH YOU. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO USER CONTENT OR ANY GOVERNMENT APPLICATION.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SERVICES, THE CONTENT AND ANY MATERIALS CONTAINED THEREIN. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES, THE CONTENT OR ANY MATERIALS CONTAINED THEREIN, OR FUNCTIONALITY OF THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY GOVPLUS OR OUR AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
- YOU ACKNOWLEDGE AND AGREE THAT GOVPLUS IS NOT A PROFESSIONAL SERVICE PROVIDER, AND OUR SERVICES AND CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE RELIED UPON AS LEGAL OR FINANCIAL ADVICE. GOVPLUS IS NOT LIABLE TO YOU OR ANY OTHER PERSON OR WITH RESPECT TO ANY DECISIONS YOU OR ANY OTHER PERSON MAKE AS A RESULT OF RELIANCE ON OUR SERVICES OR CONTENT. YOU SHOULD SEEK THE SERVICES OF COMPETENT PROFESSIONALS WHEN YOU NEED THIS TYPE OF ASSISTANCE.
- GOVPLUS MAKES NO REPRESENTATION OR GUARANTEES THAT USE OF THE SERVICES WILL RESULT IN AN AWARD OF ANY BENEFIT OR APPROVAL OF ANY GOVERNMENTAL OR OTHER APPLICATION SOUGHT. GOVPLUS ALSO DOES NOT GUARANTEE ANY SUBMISSIONS BY ANY PARTICULAR DATE OR DEADLINE.
- Chatbot Disclaimer. Without limiting the generality of the foregoing, our Service may include certain interactive features, including chatbot and managed chat and session replay technology. By accessing or using any of these features, you agree that we may record and retain a transcript of all communications with you via these interactive tools, and may record or recreate your activity while using the Service for our internal purposes, including to provide the Services, to improve the Service or other GovPlus products and services, and for quality and verification purposes.
20. Limitation of Liability
- THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GOVPLUS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, THE CONTENT, OR ANY OTHER MATERIALS ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GOVPLUS HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
- EXCEPT AS PROVIDED IN SECTIONS 21.5 (PROCESS) AND 21.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF GOVPLUS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO GOVPLUS FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100
21. Dispute Resolution; Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH GOVPLUS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
- Notice; Informal Dispute Resolution. You and GovPlus agree that each party will notify the other party in writing of any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) within thirty (30) days of the date each such Dispute arises so that the parties can attempt in good faith to resolve the Dispute informally. Notice to GovPlus shall be sent to legal@govplus.com. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your GovPlus account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 23.4 (Consent to Electronic Notifications) and will include (i) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that we are seeking. If you and GovPlus cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or GovPlus may, as appropriate and in accordance with this Section 21, commence an arbitration proceeding or, to the extent specifically provided for in Section 21.5 (Process), file a claim in court.
- Binding Arbitration. Except for any Disputes arising out of or related to Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and GovPlus agree (a) to waive your and GovPlus’s respective rights to have any and all Disputes arising from or related to these Terms or the Services or Content, resolved in a court, and (b) to waive your and GovPlus’s respective rights to a jury trial. Instead, you and GovPlus agree to arbitrate Disputes through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
- No Class Arbitrations, Class Actions, or Representative Actions. You and GovPlus agree that any Dispute arising out of or related to these Terms, Services, or Content is personal to you and GovPlus and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and GovPlus agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and GovPlus agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
- Federal Arbitration Act. You and GovPlus agree that these Terms affect interstate commerce and that the enforceability of this Section 21 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
- Process. Except for Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and GovPlus agree that any Dispute must be commenced or filed by you or GovPlus within one (1) year of the date on which the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and GovPlus will no longer have the right to assert such claim regarding the Dispute). You and GovPlus agree that (a) any arbitration will occur in the county and state of your billing address, (b) arbitration will be conducted confidentially by a single arbitrator and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting GovPlus, and (c) the state or federal courts with jurisdiction over the county and state of your billing address will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
- Authority of Arbitrator. As limited by the FAA, these Terms and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. YOU AND GOVPLUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GovPlus agree otherwise, the arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
- Arbitration Relief. Except as provided in Section 21.3 (No Class Arbitrations, Class Actions, or Representative Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by GovPlus before an arbitrator was selected, GovPlus will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (i) for judicial review expressly permitted by law; or (ii) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
- Opt-Out Right. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 21 (Dispute Resolution; Arbitration) within thirty (30) days after the date that you agree to these Terms by sending a letter to EIN PLUS LLC d/b/a GovPlus, Attention: Legal Department – Arbitration Opt-Out, 2093 Philadelphia Pike #3338, Claymont, DE 19703 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once GovPlus receives your Opt-Out Notice, this Section 21 (Dispute Resolution; Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 22 (Governing Law and Venue). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
- Modifications to this Arbitration Provision. If we make any substantive change to this Section 21 (Dispute Resolution; Arbitration), you may reject the change by sending us written notice within thirty (30) days of the change to, in which case your account with GovPlus will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
- Enforceability. If Section 21.3 (No Class Arbitrations, Class Actions, or Representative Actions) or the entirety of this Section 21 (Dispute Resolution; Arbitration) is found to be unenforceable, or if GovPlus receives an Opt-Out Notice from you, then the entirety of this Section 21 (Dispute Resolution; Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 22 (Governing Law and Venue) will govern any action arising out of or related to these Terms.
22. Governing Law and Venue
These Terms, your access to and use of the services shall be governed by and construed and enforced in accordance with the laws of the state of Delaware, without regard to conflict of law rules or principles (whether of the state of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of state of Wilmington County, Delaware.
23. Miscellaneous
- General. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire agreement between you and GovPlus relating to your access to and use of the Services. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. These Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
- No Fiduciary Relationship. You agree that GovPlus is not acting as your fiduciary in connection with your use of the Services.
- Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
- Text Messaging & Phone Calls. You agree that GovPlus and those acting on our behalf may call and send you text (SMS) messages at the phone number you provide us. These calls and messages may include operational calls or messages about your use of the Service, as well as marketing calls or messages. Calls and text messages may be made or sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING CALLS AND TEXT MESSAGES FROM GOVPLUS, YOU CAN EMAIL CONTACT@GOVPLUS.COM OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL TEXT MESSAGES FROM GOVPLUS, YOU CAN EMAIL CONTACT@GOVPLUS.COM OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing calls and texts is not a condition of any purchase on or use of the Service.
- Consent to Electronic Communications. By using the Services, you also consent to receive electronic communications from GovPlus (e.g., via email or by posting notices to the Service). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
24. Force Majeure
GovPlus will not be considered in breach of or default under these Terms, and will not be liable to you for any cessation, interruption, or delay in the performance of its obligations herein by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, government shutdown, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen event. If any of these events continues for more than sixty (60) days in the aggregate, GovPlus may immediately terminate these Terms and shall have no liability to you for or as a result of any such termination.
25. No Support
We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
26. International Use
The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
27. Translation & ADA Accommodations
GovPlus is an ADA (“American Disability Association”) compliant company. Please find the widget on the bottom left of the website. Any needs, preferences or communications you have regarding accommodations please notify us at contact@govplus.com.
28. Questions? Contact Information
The Service is offered by EIN PLUS LLC d/b/a GovPlus, located at 2093 Philadelphia Pike #3338, Claymont, DE 19703. If you have any questions or concerns regarding these Terms or our Services, please contact us by sending correspondence to that address or by emailing us at contact@govplus.com.
29. Notice to California Residents
If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.