This Amendment is an agreement between the Department of Better Technology Inc. (“DOBT”) and U.S. Government agency users, and applies solely to the U.S. Government Agency users, account holders, and subscribers who use or access the Services on behalf of a U.S. Government agency (“You”). It applies only to DOBT users in their capacity as government or public entities or in their capacity as employees of a government or public entity.
Federal agencies, because of their status as U.S. Government entities, are required, when entering into agreements with other parties, to follow applicable federal laws and regulations, including those related to ethics; privacy and security; accessibility; limitations on indemnification; fiscal law constraints; advertising and endorsements; freedom of information; document retention; and governing law and dispute resolution forum. DOBT and You (together, the “Parties”) agree that modifications to DOBT’s standard Terms of Service, are appropriate to accommodate Your legal status, Your public (in contrast to private) mission, and other special circumstances.
Accordingly, the TOS is hereby modified by this Amendment to allow for Your use of the DOBT Site.
Indemnification: All indemnification, liability and damages provisions of the TOS are hereby waived. Liability of Agency for any breach of the TOS or this Agreement, or any claim arising from the TOS or this Agreement, shall be determined under the Federal Tort Claims Act, the Contract Disputes Act, or other governing authority. Liability of DOBT for any breach of the TOS or this Agreement, or any claim arising from the TOS or this Agreement, shall be determined by applicable federal law. In any event, neither party shall be liable for consequential damages. The claim period within which a cause of action must be commenced by either party will be governed by federal law.
Governing law and jurisdiction: The TOS and this Amendment shall be governed, interpreted and enforced in accordance with the federal laws of the United States of America.
Limitation of liability: The Parties agree that nothing in the Warranty or Limitation of Liability provisions in the TOS in any way grants DOBT a waiver from, release of, or limitation of liability pertaining to, any past, current or future violation of federal law.
No endorsement: Company agrees that Your seals, trademarks, logos, service marks, trade names, and the fact that You have a presence on the Company site and use its services, shall not be used by Company in such a manner as to state or imply that Company’s products or services are endorsed, sponsored or recommended by You or by any other element of the Federal Government, or are considered by these entities to be superior to any other products or services. Except for pages whose design and content is under the control of the Agency, or for links to or promotion of such pages, Company agrees not to display any Agency or government seals or logos on the Company’s homepage or elsewhere on the Company Site, unless permission to do has been granted by the Agency or by other relevant federal government authority. Company may list the Agency’s name in a publicly available customer list so long as the name is not displayed in a more prominent fashion than that of any other third-party name.
No business relationship created: The Parties are independent entities and nothing in the TOS or this Amendment creates an agency, partnership, joint venture, or employer/employee relationship.
Fee based services: The Parties understand that fee-based services are categorically different than free products, and are subject to federal procurement rules and processes. Before You decide to enter into a premium or enterprise subscription, or any other fee-based service that DOBT or alternative providers may offer now or in the future, You agree to determine your Agency has a need for those additional services for a fee, to consider the subscription’s value in comparison with comparable services available elsewhere, to determine that Agency funds are available for payment, to properly use the Government Purchase Card if that Card is used as the payment method, to review any then applicable TOS for conformance to federal procurement law, and in all other respects to follow applicable federal acquisition laws, regulations, and agency guidelines when initiating that separate action.
Assignment: Neither party may assign its obligations under this Amendment to any third party without prior written consent of the other.
Precedence; Further Amendment; Termination: If there is any conflict between this Amendment and the TOS, or between this Amendment and other rules or policies on the DOBT Site, this Amendment shall prevail. This Amendment may be further amended only upon written agreement executed by both Parties. You may terminate this Amendment at any time. DOBT may terminate this Amendment on 30 days written notice.
Posting and availability of this Amendment: The Parties agree this Amendment contains no confidential or proprietary information, and You may release it to the public upon request and to other agencies interested in using the DOBT Site.
Security: DOBT will, in good faith, exercise due diligence using generally accepted commercial business practices for IT security, to ensure that systems are operated and maintained in a secure manner, and that management, operational and technical controls will be employed to ensure security of systems and data. Recognizing the changing nature of the Internet, DOBT will continuously work with users to ensure that its products and services meet users’ requirements for the security of systems and data.
Title and Intellectual Property Rights: To the extent permitted under Federal law, all rights, title and interest to any and all work produced and created by User pursuant to or in connection with the use of the DOBT Site shall vest in the User. Ownership or possession of such rights, title and interest shall not be affected by any alleged or actual breach of the TOS or this Amendment. Under no circumstances may DOBT claim a right, title or interest in Content that is in the public domain.
Additional Items for Discussion and Possible Inclusion in this Agreement: DOBT understands current federal law, regulation and policy may affect Your use of DOBT products and services in ways not addressed in the list of clauses above. Much depends on the nature of the products and services offered by DOBT (which may change from time to time), and how You intend to use those services (which also may change). Among the topics the Parties may need to discuss, and which may lead to the insertion of additional clauses in this Agreement, are Privacy and Accessibility.