Terms of use

HeyGov! Service Terms of Use

1.1 Acceptance.

By accessing HeyGov.com, you agree to be bound by HeyGov.com Terms of Use ("Terms of Use") between you and Imager Software, Inc. (d/b/a ISC), a corporation organized under the laws of the State of Florida and having its principal office at 2932 Wellington Circle, Tallahassee, Florida  32309 ("ISC").

As used in these Terms of Use, "Services" includes but is not limited to software; data; images, photographs, animations, video, audio, or music; text, scripts, or markup code; service packs, patches, or technical support in response to requests; web services; publicly available APIs or JavaScript libraries; documentation; or other information, electronic resource, or service provided on HeyGov.com (either collectively and or individually).

1.2 Modifications to the HeyGov.com or Terms of Use.

ISC reserves the right to change content provided in and access to Services at any time without notice to you. This may be done at ISC's sole discretion, for any reason including but not limited to legal compliance, change in ISC policy, aesthetic or technology development, or internal business or legal considerations. ISC may also, from time to time, modify or replace these Terms of Use, which may affect your rights to use the Services provided. Modified or replaced Terms of Use will be made available to you on the HeyGov.com website where the Services are provided.

You understand and agree that your accessing or use of Services after the modified or replaced Terms of Use is posted will signify your acceptance to those Terms of Use. You further understand that it is your responsibility to read the current Terms of Use and that ISC will not contact you letting you know they have been modified or replaced.

2.1 Ownership.

The Services provided on HeyGov.com and any content provided therein are provided to you subject to these Terms of Use. The Services may be freely available to you, but they are not in the public domain. ISC and third-party licensors own the Services (unless otherwise specified), which are protected by United States laws and applicable international laws, treaties, and conventions regarding intellectual property or proprietary rights. These Terms of Use do not transfer any rights to redistribute, prepare derivative works from, or acquire ownership interest in Services.

2.1. Permitted Use.
Subject to these Terms of Use, ISC hereby grants you the right to access and use the HeyGov.com solely for the following purposes: (i) if you are accessing the HeyGov.com as an individual, then any and all use of the HeyGov.com is for your personal, non-commercial use only; or (ii) if you are accessing the HeyGov.com on behalf of a business or government entity, then any and all use of the HeyGov.com must be for such business or government entity's internal purposes in connection with the establishment or continuation of a relationship with ISC.

2.2 Improper Use of Services.

Any rights not granted herein or otherwise agreed to in writing between you and ISC are prohibited. In particular, you may not (or attempt to) (a) access Services or resources not made available to you through a standard web browser or ISC products; (b) reverse-engineer, decompile, access, or hack ISC Services not made readily available to you (without consideration given to how reasonable the means used are to keep such secure); (c) use Services in such a manner as to adversely affect ISC's commercial interests; (d) alter, obstruct, or remove any proprietary rights notices provided with the Services; (e) manually or systematically harvest information contained within the Service; or (f) use Services in for illegal, improper, or inappropriate purposes (including but not limited to defamation or harassment of others; distribution of obscene or indecent material; stalking; or distribution of content in violation of the proprietary rights of others). Any of the forgoing, whether merely attempted or successfully executed, is a material breach of these Terms of Use. You agree not to frame, or assist third parties in framing, any of the web pages contained in the HeyGov.com. Such framing is strictly prohibited under this Agreement. The content and software on the HeyGov.com are the proprietary property of ISC and/or its suppliers and Partners and are protected by U.S. and international copyright and other intellectual property laws.

2.3 Trademarks and Logos.

ISC, HeyGov! and MapDotNet logos are registered trademarks of ISC. Other names appearing on HeyGov.com may be trademarks or registered trademarks of their respective trademark owners. These marks may only be used where authorized by ISC or permitted by law. Any use not authorized by ISC shall be considered a material breach of these Terms of Use.

2.4 Third-Party Data and Licensing Terms and Use Restrictions.

Services provided by HeyGov.com may contain third-party data and/or imagery. Use of third-party data may be subject to such third party's License Agreement or additional use restrictions. You are responsible for compliance with all applicable third party license agreement(s). Third party Use Restrictions may be provided with the data. The third party license agreement(s) and any applicable use restrictions may be modified by ISC from time to time and it is your responsibility to check for updates to these license agreements or use restrictions. If a modification any third party license agreement, or use restrictions is unacceptable, you may cancel your access upon written notice to ISC or discontinue use of the Service, as applicable. Continued use of the Service will be deemed acceptance of any modifications.

2.5 Sharing of Your Content.

By uploading or publishing any of your data to HeyGov.com, you hereby grant ISC a nonexclusive, revocable, royalty free, worldwide limited license (i) to use, store, cache, copy, reproduce, (re) distribute, and (re) transmit your data that is made available to end users of HeyGov.com, and (ii) to provide your registered data to an end user's web browser as intended by HeyGov.com. All information provided by a government agency is offered and owned by that agency. Unless otherwise indicated by government agency, all data will be retained by ISC and remain accessible by the general public in accordance with the provisions of this Agreement. However, the government agency shall have the right to cause ISC to archive (remove from view) and purge (remove from database) all of its agency data at the agency's request upon Termination by you as stated in Section 4.1.

3.1 Exclusion of Warranties.

THE SERVICES PROVIDED ON HeyGov.com ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN PARTICULAR, YOU UNDERSTAND THAT ISC AND ITS AFFILIATES DO NOT WARRANT OR REPRESENT THAT THE SERVICES PROVIDED IN HeyGov.com WILL BE:

3.1.1 AVAILABLE TO YOU UNINTERRUPTED IN A SECURE FORM;

3.1.2 ACCURATE OR FREE FROM ERROR; OR

3.1.3 FIT TO USE IN YOUR APPLICATION, FOR YOUR PURPOSES, OR ACCORDING TO YOUR REQUIREMENTS OR NEEDS.

ISC IS UNDER NO OBLIGATION TO CORRECT ANY ERRORS OR INCONSISTENCIES IN THE SERVICES.

3.2 Limitation on Liability.

ISC SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RELATED TO YOUR DECISION TO ACCESS AND USE ANY OF THE SERVICES PROVIDED ON THE HeyGov.com, EVEN IF ISC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

3.3 Links to Third-Party Sites.

Many links on HeyGov.com link to Web sites owned and operated by third-parties. These Web sites are not under ISC's control and ISC is not responsible for information (regardless of how it is transmitted or received) or services provided by third-party Web sites. Any links to third-party Web sites provided on HeyGov.com do not imply an endorsement, affiliation, or sponsorship of any kind and do not represent warranties of the quality of services provided by such third-parties.

4.1 Termination by You.

You may terminate these Terms of Use by (a) sending a letter to the address provided herein, Attn: HeyGov.com Contracts and Legal Services, expressing your desire to terminate these Terms of Use ("Termination Letter") and (b) ceasing and discontinuing your use of all Services on or before sending the Termination Letter to ISC. Continued use of the Services after sending the Termination Letter constitutes your acceptance and agreement to these Terms of Use.

4.2 Termination by ISC.

ISC may terminate these Terms of Use if:

4.2.1 You have breached the terms and conditions provided in these Terms of Use through either your action or inaction;

4.2.2 You have breached an agreement you have with ISC relating to the use of ISC products or services;

4.2.3 ISC discontinues the Services on which these Terms of Use are based; or

4.2.4 ISC, at its sole discretion, believes that it is in ISC's best commercial interest to terminate these Terms of Use.

 

4.3 Effects of Termination.

Upon termination of these Terms of Use, all rights and obligations owed by the parties shall cease except for those set forth in Sections 3.1, and 3.2. Those rights and obligations shall continue indefinitely.

5.0 Export Compliance.

You may not access, upload, download, use, or export Services provided on the HeyGov.com in violation of U.S. Export Control laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and not to directly or indirectly provide or otherwise make available Services in violation of any such restrictions, laws, or regulations, or without all necessary approvals. Specifically prohibited is the use of any Services for the development, design, manufacture, or production of nuclear, chemical, or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the Services outside the United States. Neither the Services nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (a) to any country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in or under the control of, or are not a national or resident of any such country or on any such list.

6.1 No Implied Waivers.

The failure of either party to enforce any provision of these Terms of Use shall not be deemed a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision.

6.2 Severability.

The parties mutually agree that if any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make the intent of the language enforceable.

6.3 Language.

You agree that the English language version of these Terms of Use shall govern their interpretation. Any versions provided in a language other than English are provided for convenience only. Any inconsistencies or contradictions shall not affect the interpretation of the English language version.

6.4 Successor and Assigns.

You shall not assign or otherwise transfer your rights or delegate your duties under these Terms of Use without ISC's prior written consent. Any attempt to do so without ISC's consent shall be void.

6.5 Governing Law, Dispute Resolution.

The laws of the State of Florida govern your relationship with ISC under these Terms of Use and shall be construed according to those laws without regard to conflict of laws principles. The parties agree to attempt in good faith to negotiate any conflict arising under these Terms of Use. The parties agree to submit to the exclusive jurisdiction of the state and federal courts located in Leon County Florida any and all disputes not resolved within 30 days of notice. Notice to ISC shall only be proper if made by certified mail at the address provided herein.

6.6 Equitable Relief.

You agree that your breach of these Terms of Use may cause irreparable damage and that, in the event of such breach, in addition to any and all remedies at law, ISC shall have the right to seek an injunction, specific performance, or other equitable relief in any court of competent jurisdiction without the requirement of posting a bond or undertaking or proving injury as a condition for relief.

6.7 Integration.

These Terms of Use constitute the sole and entire agreement between the parties relating to your use of the Services; supersede any previous agreements, understandings, and arrangements unless otherwise agreed to in writing by an authorized representative of each party; and, completely replace any existing agreements between the parties related to your use of the Service.