Data Services LLC (“GDS”) Online Service for Registered Members. By using the
www.govdataservices.com website you (the “Member”) agree to these terms and
conditions. If you do not agree to the terms and conditions of this agreement,
you should immediately cease all usage of this website. We reserve the right,
at any time, to modify, alter, or update the terms and conditions of this
agreement without prior notice. Modifications shall become effective
immediately upon being posted at www.govdataservices.com website. Your
continued use of the Service after amendments are posted constitutes an
acknowledgement and acceptance of the Agreement and its modifications. Except
as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
GDS is providing Member with health insurance eligibility verification and
related clearinghouse services. Member must provide (1) all equipment necessary
for their own Internet connection, including computer and modem and (2) provide
for Member’s access to the Internet, and (3) pay any fees relate with such
2. Disclaimer of Warranties
The site is provided by GDS on an “as is” and on an “as available” basis. To
the fullest extent permitted by applicable law, GDS makes no representations or
warranties of any kind, express or implied, regarding the use or the results of
this web site in terms of its correctness, accuracy, reliability, or otherwise.
GDS shall have no liability for any interruptions in the use of this Website.
GDS disclaims all warranties with regard to the information provided, including
the implied warranties of merchantability and fitness for a particular purpose,
and non-infringement. Some jurisdictions do not allow the exclusion of implied
warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
GDS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR GDS SHALL
NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES,
OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR
RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH
DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW,
OR OTHERWISE, EVEN IF GDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE
LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold GDS, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim or demand, including reasonable
attorneys’ fees and costs, made by any third party due to or arising out of
Member’s use of the Service, the violation of this Agreement, or infringement
by Member, or other user of the Service using Member’s computer, of any
intellectual property or any other right of any person or entity.
5. Members Account
All Members of the Service shall receive a password and an account. Members are
entirely responsible for any and all activities which occur under their account
whether authorized or not authorized. Member agrees to notify GDS of any
unauthorized use of Member’s account or any other breach of security known or
should be known to the Member. Member’s right to use the Service is personal to
the Member. Member agrees not to resell or make any commercial use of the
Service without the express written consent of GDS.
6. Modifications and Interruption to Service
GDS reserves the right to modify or discontinue the Service with or without
notice to the Member. GDS shall not be liable to Member or any third party
should GDS exercise its right to modify or discontinue the Service. Member
acknowledges and accepts that GDS does not guarantee continuous, uninterrupted
or secure access to our website and operation of our website may be interfered
with or adversely affected by numerous factors or circumstances outside of our
7. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and
operated by online merchants and other third parties. You acknowledge that we
are not responsible for the availability of, or the content located on or
through, any third-party site. You should contact the site administrator or
webmaster for those third-party sites if you have any concerns regarding such
links or the content located on such sites. Your use of those third-party sites
not responsible therein. We encourage all Members to review said privacy
policies of third-parties’ sites.
8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the
Vendors or collected from publicly available sources. While GDS makes every
effort to ensure that the information on this website is accurate, we can make
no representations or warranties as to the accuracy or reliability of any
information provided on this website.
GDS makes no warranties or representations whatsoever with regard to any
product provided or offered by any Vendor, and you acknowledge that any
reliance on representations and warranties provided by any Vendor shall be at
your own risk.
9. Governing Jurisdiction of the Courts of Ohio
Our website is operated and provided in the State of Ohio. As such, we are
subject to the laws of the State of Ohio, and such laws will govern this Terms
of Use, without giving effect to any choice of law rules. We make no
representation that our website or other services are appropriate, legal or
available for use in other locations. Accordingly, if you choose to access our
site you agree to do so subject to the internal laws of the State of Ohio.
10. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for
compliance with any such laws. Member may not use the Service in any way that
violates applicable state, federal, or international laws, regulations or other
government requirements. Member further agrees not to transmit any material
that encourages conduct that could constitute a criminal offense, give rise to
civil liability or otherwise violate any applicable local, state, national, or
international law or regulation.
11. Copyright and Trademark Information
All content included or available on this site, including site design, text,
graphics, interfaces, and the selection and arrangements thereof is ©2006
Government Data Services LLC, will all rights reserved, or is the property of
GDS and/or third parties protected by intellectual property rights. Any use of
materials on the website, including reproduction for purposes other than those
noted above, modification, distribution, or replication, any form of data
extraction or data mining, or other commercial exploitation of any kind,
without prior written permission of an authorized officer of GDS is strictly
prohibited. Members agree that they will not use any robot, spider, or other
automatic device, or manual process to monitor or copy our web pages or the
content contained therein without prior written permission of an authorized
officer of GDS.
GDS™ and www.govdataservices.com™ are proprietary marks of Government Data
Services LLC. GDS’s trademarks may not be used in connection with any product
or service that is not provided by GDS, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits GDS.
All other trademarks displayed on GDS’s website are the trademarks of their
respective owners, and constitute neither an endorsement nor a recommendation
of those Vendors. In addition, such use of trademarks or links to the web sites
of Vendors is not intended to imply, directly or indirectly, that those Vendors
endorse or have any affiliation with GDS.
12. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through
the Digital Millennium Copyright Act, GDS.com designates the following
individual as its agent for receipt of notifications of claimed copyright
Government Data Services LLC
3200 West Market Street, Suite 102
Akron, OH 44333-3324
By Telephone: (330) 864-4371, ext. 103
By Email: firstname.lastname@example.org
GDS retains the right, at our sole discretion, to terminate any accounts
involved with botnets and related activities. If any hostnames are used as
command and control points for botnets, GDS reserves the right to direct the
involved hostnames to a honeypot, loopback address, logging facility, or any
other destination at our discretion.
14. Other Terms
unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and shall remain
valid and enforceable to the maximum possible extent. You agree that this Terms
of Use Agreement and any other agreements referenced herein may be assigned by
GDS, in our sole discretion, to a third party in the event of a merger or
not be superseded by, any other written agreement between us in relation to
your participation as a Member. Member agrees that by accepting this Terms of
Use Agreement, Member is consenting to the use and disclosure of their
personally identifiable information and other practices described in our