TERMS AND CONDITIONS

The following Terms of Service and any guideline, Policy, or Content displayed on the Website are a legally binding contractual agreement between you (“User,” “you,” “your”), and GovPros, LLC, govprosvcs.com (“govprosvcs.com”, “we”, “us”) (hereinafter collectively referred to as the “Terms of Service”). By visiting or using the services available from the domain (gahconsultingllc.com | learn.gahconsultingllc.com), and sub-domains of govproslearningcenter.com, www.govprosvcs.com (the “Website”), you agree to be legally bound by these Terms of Service. We reserve the right to revise these Terms of Service and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when posted.

Subject to the conditions set forth herein, GovPros, LLC | GovPros Learning Center may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Site. GovPros, LLC | GovPros Learning Center will provide reasonable advance notice of any amendment that includes a Substantial Change (defined below) by posting the updated Terms of Service on the Site, providing information on the Site, and sending you a notice by e-mail. Suppose the Substantial Change includes an increase to Fees charged by GovPros, LLC | GovPros Learning Center. In that case, GovPros, LLC | GovPros Learning Center will provide at least 30 days’ advance notice of the change. Still, they may not give any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change. Any revisions to the Terms of Service will affect the noted effective date (each, as applicable, the “Effective Date“).

When using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the initial eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Disputes and Cancellations

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason, this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact GovPros, LLC | GovPros Learning Center’s Customer Support department for assistance. For more information about disputes, Order cancellations, and refunds, please refer to the Payment Terms.

User Conduct and Protection

GovPros, LLC | GovPros Learning Center enables Professional Service Providers (PSPs) and Government Contracting Companies in the U.S. to create, share, sell, and purchase nearly any service they need to conduct business in the U.S. federal, state, and local government procurement marketplace. Services offered on GovPros, LLC | GovPros Learning Center reflect the diversity of an expanding freelance economy and services needed by government contractors to pursue and win government contracts and grants. Members of the GovPros, LLC | GovPros Learning Center community communicate and engage through orders, social media, and GovPros, LLC | GovPros Learning Center’s Community Forums.

GovPros, LLC | GovPros Learning Center maintains a friendly, community-spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of GovPros, LLC | GovPros Learning Center. This section relates to the expected conduct users should adhere to while interacting with each other on GovPros, LLC | GovPros Learning Center.

To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team at support@ GovPros, LLC | govprosvcs.com

Reporting Violations

Come across any content that may violate our Terms of Service and/or our Community Standards. You should report it to us through the appropriate channels created to handle those issues, as outlined in our Terms of Service. Our Trust & Safety team reviews all cases. To protect users’ privacy, we do not share findings from investigations conducted. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s e-mail address and displayed for such a user on the Site. Account warnings do not limit account activity but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography: GovPros, LLC | GovPros Learning Center do not allow any adult-oriented or pornographic materials and services.

Inappropriate Behavior & Language: Communication on GovPros, LLC | GovPros Learning Center should be friendly, constructive, and professional. GovPros, LLC | GovPros Learning Center condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam: Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment are strictly prohibited. Please respect our member’s privacy by not contacting them with offers, questions, suggestions, or anything which is not directly related to their Services or orders.

Privacy & Identity: You may not publish or post other people’s private and confidential information. Any exchange of personal data required for the completion of a service must be provided on the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for delivering the work to the Buyer. Our Terms of Service will not protect any users who engage and communicate off of GovPros, LLC | GovPros Learning Center.

Authentic GovPros, LLC | GovPros Learning Center Profile: You may not create a false identity on GovPros, LLC | GovPros Learning Center, misrepresent your identity, create a GovPros, LLC | GovPros Learning Center profile for anyone other than yourself (a real person) or registered company, or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. GovPros, LLC | GovPros Learning Center requires all users to go through a verification process in order to use the Site (whether by using I.D., W9, Cage codes, Duns #, Resumes, etc.).

Intellectual Property Claims: GovPros, LLC | GovPros Learning Center will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of the third party’s terms of service. Our Intellectual Property claims procedures can be reviewed.

Fraud / Unlawful Use: You may not use GovPros, LLC | GovPros Learning Center for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts: Users are limited to one active account to prevent fraud and abuse on our GovPros, LLC | GovPros Learning Center platform. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the GovPros, LLC | GovPros Learning Center community will be disabled. Mass account creation may result in the disabling of all related accounts. Note: Any violation of GovPros, LLC | GovPros Learning Center’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.

Targeted Abuse: We do not tolerate users who engage in targeted abuse or harassment towards other users on GovPros, LLC | GovPros Learning Center. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts: You may not buy or sell GovPros, LLC | GovPros Learning Center accounts.

Proprietary Restrictions

The Site, including its general layout, design, and content, is exclusively owned by GovPros, LLC | GovPros Learning Center and protected by copyright and trademark law. GovPros, LLC | GovPros Learning Center are all registered trademarks owned exclusively by GovPros, LLC | GovPros Learning Center. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component, or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Feedback Rights

To the extent that you provide GovPros, LLC | GovPros Learning Center with any comments, suggestions, or other feedback regarding the GovPros, LLC | GovPros Learning Center platform or the Site as a whole, as well as other GovPros, LLC | GovPros Learning Center products or services (collective, the “Feedback“), you will be deemed to have granted GovPros, LLC | GovPros Learning Center an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. GovPros, LLC | GovPros Learning Center is under no obligation to implement any Feedback it may receive from users.

Advertising

Unless otherwise agreed with us, you must not advertise an external website, product, or service on the Website. Any website address posted on the Website, including in a listing, bid, listing description, clarification board, or the message board, must relate to a Project, an item listed, user, or service being performed on the Website.

We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that the content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents, or other intellectual property or proprietary rights and laws. Unless expressly authorized by GovPros, LLC | GovPros Learning Center or third party right holders, you agree not to modify, sell, distribute, appropriate, or create derivative works based on such advertisement/promotions.

Confidentiality

Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top-secret, and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.

General Terms

• GovPros, LLC | GovPros Learning Center reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
• Violation of GovPros, LLC | GovPros Learning Center’s Terms of Service and/or our Community Standards may get your account disabled permanently.
• Users with disabled accounts will not be able to sell or buy on GovPros, LLC | GovPros Learning Center.
• Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
• Users have the option to enable account Security features to protect their account from any unauthorized usage.
• Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
• Disputes should be handled using GovPros, LLC | GovPros Learning Center’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting GovPros, LLC | GovPros Learning Center Customer Support.
• GovPros, LLC | GovPros Learning Center may make changes to its Terms of Service from time to time. When these changes are made, GovPros, LLC | GovPros Learning Center will make a new copy of the terms of service available on this page.
• You understand and agree that if you use GovPros, LLC | GovPros Learning Center after the date on which the Terms of Service have changed, GovPros, LLC | GovPros Learning Center will treat your use as acceptance of the updated Terms of Service.

User-Generated Content

User-Generated content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to GovPros, LLC | GovPros Learning Center by our users (Buyers and Sellers) is User Generated Content. GovPros, LLC | GovPros Learning Center does not check user uploaded/created content for appropriateness, violations of copyright trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the GovPros, LLC | GovPros Learning Center platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, GovPros, LLC | GovPros Learning Center is not responsible for the content, quality, or the level of service provided by the PSPs (even if they are Pro Sellers, Top Rated Sellers, offer Promoted Jobs, or otherwise). We provide no warranty with respect to the Jobs, their delivery, any communications between Buyers and Sellers, and the Logo Designs created through the Logo Maker. We encourage users to take advantage of our rating system, our community, and common sense in choosing appropriate services.

By offering a service, the Seller undertakes that he/she has sufficient permissions, rights, and/or licenses to provide, sell or resell the service that is offered on GovPros, LLC | GovPros Learning Center. Sellers advertising online their projects or Logo Design created through a Logo Maker must comply with laws and terms of service of the advertising platform or relevant Website used to advertise. Failing to do so may result in the removal of the Job or Logo Design from the Logo Maker, as applicable, and may lead to the suspension of the Seller’s Account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

Ownership and limitations: When purchasing a Services on GovPros, LLC | GovPros Learning Center, unless clearly stated otherwise on the Seller’s Service/Project page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event, the delivered work does not meet the requirements of work-for-hire or when U.S. Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Service/Project and the delivery may not be used if payment is canceled for any reason. For removal of doubt, in custom created work (such as artwork, design work, report generation, etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title, and interest in the delivered work. Some Service/Projects (including for custom created work) charge additional payments (through Service/Project Extras) for a Commercial Use License. This means that if you purchase the Service/Project for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Service/Project Extra and will have broader rights that cover your business use.

Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to GovPros, LLC | GovPros Learning Center, including Service/Project texts, photos, videos, usernames, user photos, user videos, and any other information, including the display of delivered work, may be used by GovPros, LLC | GovPros Learning Center for no consideration for marketing and/or other purposes.

Payments

GOVPROS, LLC | GOVPROS LEARNING CENTER acts as an Agent of Payment between the Buyer and Freelancer. In return for full invoice payment by the Buyer for the project, GOVPROS, LLC | GOVPROS LEARNING CENTER agrees to discharge the Buyer’s obligations relating to debts owed to the Freelancer under this Agreement. GOVPROS, LLC | GOVPROS LEARNING CENTER agrees to make such funds available to the Freelancer balance with 24 hours, subject to fraud and AML procedure. Freelancers are then able to withdraw those funds subject to the setting up of a valid withdrawal account. GOVPROS, LLC | GOVPROS LEARNING CENTER takes its obligations to prevent fraud and money laundering seriously and reserves the right to delay payments to Freelancers if fraud or money laundering is suspected. All payments for work completed must go via GOVPROS, LLC | GOVPROS LEARNING CENTER unless GOVPROS, LLC | GOVPROS LEARNING CENTER has given its express written permission otherwise in relation to a specific payment or invoice; attempts to pay outside of GOVPROS, LLC | GOVPROS LEARNING CENTER will lead to sanctions not limited to immediate account suspension. Users must immediately report to GOVPROS, LLC | GOVPROS LEARNING CENTER any offers to pay outside of GOVPROS, LLC | GOVPROS LEARNING CENTER made by their Buyer or Freelancer.

Contracts

The Freelancer’s payment for Contracts is set as a per hour rate project using the per hour rate as stated on the Freelancer’s profile at the time of the Per Hour Contract setup. The Buyer agrees to pay the Freelancer based on the time spent, not on the real or perceived quality of any deliverables provided.

On acceptance of a Per Hour Proposal and on hire request, the Buyer must place a valid payment method on file and gives authorization to GOVPROS, LLC | GOVPROS LEARNING CENTER to charge it repeatedly per GOVPROS, LLC | GOVPROS LEARNING CENTER’s Terms and Conditions.

Entire Agreement

This Agreement, together with the other Terms of Service, sets forth the entire Agreement and understanding between you and GovPros, LLC | GovPros Learning Center relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in the Terms of Service are included for ease of reference only and have no binding effect. Even though GovPros, LLC | GovPros Learning Center drafted the Terms of Service, you represent that you had ample time to review and decide whether to agree to the Terms of Service. If an ambiguity or question of intent or interpretation of the Terms of Service arises, no presumption or burden of proof will arise favoring or disfavoring you or GovPros, LLC | GovPros Learning Center because of the authorship of any provision of the Terms of Service.

Modifications; Waiver

No modification or amendment to the Terms of Service will be binding upon GovPros, LLC | GovPros Learning Center unless they are agreed in a written instrument signed by a duly authorized representative of GovPros, LLC | GovPros Learning Center or posted on the Site by GovPros, LLC | GovPros Learning Center. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

Termination

GovPros, LLC | GovPros Learning Center may terminate or suspend your access to the Sites at any time, with or without cause or notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, (a) your right to access and use the Sites will immediately cease; (b) GovPros, LLC | GovPros Learning Center may immediately deactivate or delete your user name, password, and account; (c) GovPros, LLC | GovPros Learning Center will be under no obligation to maintain or provide you with access to any materials associated with your account (including Submitted Materials), and may retain or delete such materials in GovPros, LLC | GovPros Learning Center’s sole discretion; and (d) except for the license granted to you to access and use the Sites, the remaining provisions of these Terms will survive and continue in effect.

Cancellations and refunds

 Cancellation of a project

After the Commencement of a project, the Buyer may request a cancellation:

If the Buyer believes they are entitled to a refund, the Buyer can notify GOVPROS, LLC | GOVPROS LEARNING CENTER of the cancellation by requesting a refund using the “Request Refund” action on the WorkStream.

Project Refund policy

A Buyer is entitled to receive a refund of funds under the following circumstances:

• No response: the Freelancer has not responded in the WorkStream within one (1) working day of the Commencement of the project;
• Non-delivery:
  1. for Offers, the Freelancer of an Offer did not deliver the scope of work within the delivery timescales indicated in the Offer.
  2. For fixed price or price per item Custom projects, non-delivery means agreed scope of work was not delivered within the agreed timescales;
  3. For the per-hour rate for custom projects, no time has been spent.
• Poor quality: With the exception of per-hour rate Custom projects, the deliverables provided by the Freelancer do not meet the terms.

Buyer and Freelancer may mutually agree to a refund for reasons other than the previous clause however authorization of such refunds will be subject to a review by GOVPROS, LLC | GOVPROS LEARNING CENTER.

Buyers must avoid filing a dispute or reversing a payment through their credit card holder, Bank or PayPal. Attempts to seek a refund in this way will lead to the Buyer’s Account being automatically suspended.

Requesting a refund

GOVPROS, LLC | GOVPROS LEARNING CENTER will process refund requests subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions and that the purpose of the refund is not to avoid any of the parties’ obligations under these terms and conditions. If GOVPROS, LLC | GOVPROS LEARNING CENTER reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations GOVPROS, LLC | GOVPROS LEARNING CENTER shall not be obliged to make the refund.

Refund and cancellation penalties

Users are strictly discouraged from causing cancellations and refunds. Refunds will impact Users standing in the GOVPROS, LLC | GOVPROS LEARNING CENTER marketplace as follows:

• where the Freelancer is at fault for the refund (for example, due to no response, poor quality of work or they have canceled the project), it will negatively impact their Freelancer status and rankings;
• where the Buyer is found to be the cause for the refund (for example, an early cancellation due to a change in their business need) it will negatively impact their Buyer status;
• multiple refunds attributed to a User will lead to temporary and/ or permanent restrictions on their account depending upon the severity.

NOTICE OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Sites infringe your copyright, you (or your agent) may send to GovPros, LLC | GovPros Learning Center a written notice by mail, e-mail or fax, requesting that GovPros, LLC | GovPros Learning Center remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to GovPros, LLC | GovPros Learning Center a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices must be sent in writing to GovPros, LLC | GovPros Learning Center Copyright Agent.

Disclaimer of Warranties

Your use of the site, its content, and any services or items obtained through the website is at your own risk. The site, its content and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither govpros, llc | govpros learning center nor any person associated with govpros, llc | govpros learning center makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website.

Limitation on Liability

In no event will GovPros, LLC | GovPros Learning Center, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Website and GovPros, LLC | GovPros Learning Center Services.

We can also apply any funds in your account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this User Agreement.

Security

You must immediately notify us upon becoming aware of any unauthorized access or any other security breach to the Website or your Account. GovPros will do everything possible to mitigate the unauthorized access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from your account’s unauthorized access resulting from your failure to secure your password.

 Links

The Website may contain links to third-party web sites not under the control or operation of GovPros, LLC | govprosvcs.com. When we provide links, we do so only as a convenience and do not endorse and are not responsible for any linked site’s content or any link contained in a linked site.

Force Majeure

Except for the payment of fees to GovPros, LLC | govprosvcs.com, neither of the parties to these Terms of Service shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.

Integration.

These Terms of Service and all documents referenced in these Terms of Service (including the policies listed and available by hyperlink) comprise the entire agreement between you and GovPros, LLC | govprosvcs.com with respect to the use of this Website and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Website that link to or are linked from the Website.

Compliance with Law

You are responsible for compliance with applicable U.S. state, U.S. federal, and international laws, regulations, and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.