Innovo Terms of Use

 

Legal Information & Notices

     

SUPPLEMENTAL TERMS OF USE – PROCUREMENT INTEGRITY

 

These Supplemental Terms and Conditions of Use apply to the Innovo MySmartGov family of web-based applications (the “MSG Applications”), and all associated sites and web-based applications linked to, or associated with, app.mysmartgov.com and the mysmartgov.com domain. The MSG Applications are the property of Innovo LLC ("Innovo") and its licensors. BY USING THE MSG APPLICATIONS, YOU AGREE TO THESE SUPPLEMENTAL TERMS OF USE.

 

The MSG Applications are used by a variety of Government and Private Sector users for a variety of business purposes. In some cases, the purpose of an MSG Application may require commercial entities to enter or submit data into the MSG application for temporary storage in the associated databases and expressly for Government use. 

 

This data may include, but is not limited to, company proposal data, company personnel data, company financial data, company cost and pricing data, proprietary information about processes, operations or techniques, information marked by the company as “contractor bid or proposal information, and other forms of sensitive and proprietary data (“Company Data”). 

 

The protection and confidentiality of such Company Data is of the utmost importance to Innovo and the users of the MSG Applications. To ensure the protection and confidentiality of Company Data, Innovo asserts the following:

 

  1. Unless expressly stated otherwise, all MSG applications are hosted in a FedRAMP-approved Amazon Web Services (AWS) GovCloud. As such, all MSG applications hosted in AWS GovCloud are subject to the security, privacy, and confidentiality controls imposed upon applications hosted in AWS GovCloud. (See https://aws.amazon.com/govcloud-us/ for more information on the AWS GovCloud.)
  2. Innovo, its Subcontractors, Affiliates, and other partners, and employees of these entities, are required, prior to exposure to such Company Data, to complete a Non-disclosure Agreement issued by the Government and certify their understanding of the confidential nature of Company Data. Violation of the terms of the Non-disclosure Agreement may result in criminal and/or civil penalties.
  3. Innovo, its Subcontractors, Affiliates, and other partners, and employees of these entities, are required to maintain the confidentiality of Company Data at all times and without exception unless disclosure is required by Federal, State, or Local law.
  4. In the specific arena of Federal procurement, Innovo, its Subcontractors, Affiliates, and other partners, and employees of these entities, agree: (1) to safeguard Company Data (including, but not limited to, Company bid-and-proposal information and source selection information); and (2) to destroy or return all materials related to the proposal acceptance process to an appropriate Government authority upon demand.
  5. In accordance with FAR 3.104-4(a), Innovo, its Subcontractors, Affiliates, and other partners, and employees of these entities, may not disclose contractor bid or proposal information or source selection information to any person other than a person authorized, in accordance with applicable agency regulations or procedures, by the agency head or the contracting officer to receive such information.
  6. Innovo, its Subcontractors, Affiliates, and other partners, and employees of these entities, will not use, share, or exploit contractor bid or proposal information or source selection information for personal or Innovo gain, or for the benefit of any Innovo Subcontractor, Affiliate, or other partner.
  7. Upon expiration of any Contract in which Innovo furnishes MSG Applications, Innovo will provide all Company Data residing in Innovo databases to the Government in a media selected by the Government. Innovo will then permanently purge all Company Data from its databases, and utilize the services of a third party auditor to certify the removal of all Company Data.

  

GENERAL TERMS OF USE - COMMERCIAL


1. OWNERSHIP OF SITE; AGREEMENT TO TERMS OF USE

 

These Terms and Conditions of Use (the "Terms of Use") apply to the Innovo iNsight website (the “Site”), and all associated sites linked to innovonow.com by Innovo LLC, its subsidiaries and affiliates, including Innovo sites around the world (collectively, the "Innovo Sites"). The Innovo Sites are the property of Innovo LLC ("Innovo") and its licensors. BY USING THE INNOVO SITES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE INNOVO SITES.

 

Innovo reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Innovo Sites following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Innovo grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Innovo Sites.

 

2. CONTENT

 

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Innovo Sites is owned, controlled or licensed by or to Innovo, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

 

Except as expressly provided in these Terms of Use, no part of the Innovo Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Innovo’s express prior written consent.

 

You may use information on Innovo products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Innovo for downloading from the Innovo Sites, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

 

3. YOUR USE OF THE INNOVO SITES

 

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Innovo Sites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Innovo Sites or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Innovo Sites. Innovo reserves the right to bar any such activity.

 

You may not attempt to gain unauthorized access to any portion or feature of the Innovo Sites, or any other systems or networks connected to the Innovo Sites or to any Innovo server, or to any of the services offered on or through the Innovo Sites, by hacking, password "mining" or any other illegitimate means.

 

You may not probe, scan or test the vulnerability of the Innovo Sites or any network connected to the Innovo Sites, nor breach the security or authentication measures on the Site or any network connected to the Innovo Sites. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Innovo Sites, or any other customer of Innovo, including any Innovo account not owned by you, to its source, or exploit the Innovo Sites or any service or information made available or offered by or through the Innovo Sites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Innovo Sites.

 

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Innovo Sites or Innovo’s systems or networks, or any systems or networks connected to the Innovo Sites or to Innovo.

 

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Innovo Sites or any transaction being conducted on the Innovo Sites, or with any other person’s use of the Innovo Sites.

 

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Innovo on or through the Innovo Sites or any service offered on or through the Innovo Sites. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

 

You may not use the Innovo Sites or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Innovo or others.

 

4. PURCHASES; OTHER TERMS AND CONDITIONS

 

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Innovo Sites, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Innovo Sites or for any service offered on or through the Innovo Sites, the latter terms shall control with respect to your use of that portion of the Innovo Sites or the specific service.

 

Innovo’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on the Innovo Sites should be construed to alter such agreements.

 

Innovo may make changes to any products or services offered on the Innovo Sites, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Innovo Sites with respect to products and services may be out of date, and Innovo makes no commitment to update the materials on the Innovo Sites with respect to such products and services.

 

5. ACCOUNTS, PASSWORDS AND SECURITY

 

Certain features or services offered on or through the Innovo Sites may require you to open an account (including setting up an Innovo ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Innovo immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Innovo or any other user of or visitor to the Innovo Sites due to someone else using your Innovo ID, password or account as a result of your failing to keep your account information secure and confidential.

 

You may not use anyone else’s Innovo ID, password or account at any time without the express permission and consent of the holder of that Innovo ID, password or account. Innovo cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

 

6. PRIVACY

 

Innovo’s Privacy Policy applies to use of this Innovo Sites, and its terms are made a part of these Terms of Use by this reference. To view Innovo's Privacy Policy. Additionally, by using the Innovo Sites, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Innovo Sites may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

 

7. LINKS TO OTHER SITES AND TO THE INNOVO SITES

 

Innovo Sites may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Innovo’s control, and Innovo is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

 

8. DISCLAIMERS

 

INNOVO DOES NOT PROMISE THAT THE INNOVO SITES OR ANY CONTENT, SERVICE OR FEATURE OF THE INNOVO SITES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE INNOVO SITES WILL PROVIDE SPECIFIC RESULTS. THE INNOVO SITES AND THEIR CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE INNOVO SITES IS SUBJECT TO CHANGE WITHOUT NOTICE. INNOVO CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE INNOVO SITES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. INNOVO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INNOVO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE INNOVO SITES AND/OR ANY INNOVO SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE INNOVO SITES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST INNOVO FOR DISSATISFACTION WITH THE INNOVO SITES OR ANY CONTENT IS TO STOP USING THE INNOVO SITES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

 

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

 

Innovo reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Innovo Sites, or any portion of the Innovo Sites, for any reason; (2) to modify or change the Innovo Sites, or any portion of the Innovo Sites, and any applicable policies or terms; and (3) to interrupt the operation of the Innovo Sites, or any portion of the Innovo Sites, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

9. LIMITATION OF LIABILITY

 

Except where prohibited by law, in no event will Innovo be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Innovo has been advised of the possibility of such damages.

 

If, notwithstanding the other provisions of these Terms of Use, Innovo is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Innovo Sites or any Content, Innovo’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Innovo Sites paid in the six months prior to the date of the initial claim made against Innovo (but not including the purchase price for any Innovo hardware or software products or support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

 

10. INDEMNITY

 

You agree to indemnify and hold Innovo, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Innovo by any third party due to or arising out of or in connection with your use of the Innovo Sites.

 

11. VIOLATION OF THESE TERMS OF USE

 

Innovo may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Innovo Sites, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Innovo’s rights or property, or the rights or property of visitors to or users of the Innovo Sites, including Innovo’s customers. Innovo reserves the right at all times to disclose any information that Innovo deems necessary to comply with any applicable law, regulation, legal process or governmental request. Innovo also may disclose your information when Innovo determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

 

You acknowledge and agree that Innovo may preserve any transmittal or communication by you with Innovo through the Innovo Sites or any service offered on or through the Innovo Sites, and may also disclose such data if required to do so by law or Innovo determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Innovo, its employees, users of or visitors to the Innovo Sites, and the public.

 

You agree that Innovo may, in its sole discretion and without prior notice, terminate your access to the Innovo Sites and/or block your future access to the Innovo Sites if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Innovo Sites. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Innovo, for which monetary damages would be inadequate, and you consent to Innovo obtaining any injunctive or equitable relief that Innovo deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Innovo may have at law or in equity.

 

You agree that Innovo may, in its sole discretion and without prior notice, terminate your access to the Innovo Sites, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Innovo Sites or any service offered on or through the Innovo Sites, or (4) unexpected technical issues or problems.

 

If Innovo does take any legal action against you as a result of your violation of these Terms of Use, Innovo will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Innovo. You agree that Innovo will not be liable to you or to any third party for termination of your access to the Innovo Sites as a result of any violation of these Terms of Use.

 

12. GOVERNING LAW; DISPUTE RESOLUTION

 

You agree that all matters relating to your access to or use of the Innovo Sites, including all disputes, will be governed by the laws of the United States and by the laws of the Commonwealth of Virginia without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Fairfax County, Virginia, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Innovo and you arising out of or in connection with your use of the Innovo Sites, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) calendar days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

 

13. VOID WHERE PROHIBITED

Innovo administers and operates the Innovo Sites from its location in Arlington, Virginia, USA; other Innovo Sites may be administered and operated from various locations outside the United States. Although the Innovo Sites is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Innovo Sites are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Innovo reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Innovo Sites is void where prohibited. If you choose to access the Innovo Sites from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

 

14. MISCELLANEOUS

 

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Innovo Sites, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

 

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Innovo with regard to your use of the Innovo Sites, and any and all other written or oral agreements or understandings previously existing between you and Innovo with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Innovo, Innovo will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Innovo’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Innovo of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Innovo and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

 

Innovo may provide access to Innovo international data and, therefore, may contain references or cross references to Innovo products, programs and services that are not announced in your country. Such reference does not imply that Innovo in your country intends to announce such products, programs or services.

 

15. FEEDBACK AND INFORMATION

 

Any feedback you provide at Innovo Sites shall be deemed to be non-confidential. Innovo shall be free to use such information on an unrestricted basis.

 

The information contained in this web site is subject to change without notice.

 

Copyright © 2021 Innovo LLC., All rights reserved.

Innovo LLC, 4075 Wilson Blvd., Suite 828, Arlington, VA 22203, USA

info@innovonow.com

Main: 571-353-1045

 

Updated by Innovo LLC on March 4, 2021