govBenchmark Sign Up Terms and Conditions
Please read this Terms and Conditions agreement (“Agreement”) carefully. This agreement applies to Envisio Solutions Inc. (“Envisio”) and any customer (the “Customer”) who Subscribes to Envisio’s SaaS govBenchmark services described herein (the “Service”), whether or not the Customer pays for the Service.
Accepting the Terms
By accepting this agreement, either by clicking on the web sign up form or executing an order or quotation form that references this agreement, the customer agrees to the terms of this agreement. If the customer is entering into this agreement on behalf of a company or other legal entity, the customer represent that they have the authority to bind such entity and its affiliates to these terms and conditions. If the customer does not have such authority, or the customer does not agree with these terms and conditions, the customer must not accept this agreement and may not use the services.
This Agreement was last updated on July 20, 2017. It is effective between the Customer and Envisio as of the date of the Customer’s acceptance of this Agreement.
Data Non-Confidentiality. Except as required by law and as set forth in this Agreement, data submitted to Envisio by Customer for the Service will be non-confidential as it be shared with other customers through govBenchmark and may be used by Envisio in marketing materials for the purpose of promoting govBenchmark.
Notwithstanding the foregoing provisions, Envisio reserves the right to provide data, including aggregate data and data with Customers' identifying information, to outside entities for research and analytical purposes. In the event that Envisio releases data with Customers' identifying information, Envisio will require the outside entity receiving the information to be subject to the same or similar confidentiality terms as contained herein.
Data will be accurate. Envisio staff will make reasonable efforts to ensure that data it includes in its database and reports are accurate. Subscribing jurisdictions, on their part, shall make reasonable efforts to ensure that their data are accurate, and they will avail themselves actively of opportunities to review their data and make corrections before data reporting deadlines.
Data are for Customers' use. Data, jurisdiction information and aggregate, and reports provided by Envisio govBenchmark are for use by subscribing Customers. Subscribing Customers agree that they will not allow access to govBenchmark data by unauthorized individuals or other non-Customers to review, generate benchmark information, learn identities of subscribing Customers, or make peer comparisons for commercial, competitive, or any other purposes. GovBenchmark aggregate data reports, specifically including the govBenchmark national means, can be used by Customer to support their business purposes. Full aggregate reports shall not be posted to web sites accessible to the general public or made otherwise available to non-subscribing Customers or individuals. The aggregate data reports are the intellectual property of govBenchmark and shall NOT be considered public record.
Information and data can be published. This Agreement is not intended to preclude publication of Customers' identifying information to verify participation in govBenchmark and to facilitate peer comparison. Neither is this agreement intended to preclude publication or presentation of aggregate benchmark data for research and analytical purposes.
Liability and Indemnification. By executing this Agreement, subscriber agrees to defend, indemnify, and hold harmless the data sources and govBenchmark and Envisio Solutions Inc. from any and all claims and losses accruing to any person, organization, or other legal entity as a result of a violation of this Agreement. The Envisio staff assume no responsibility for inferences and conclusions drawn from govBenchmark data by others. There are no intended third-party beneficiaries to this agreement.
Attribution. Customers shall provide to the govBenchmark Project Manager an abstract and reference for any published research material resulting from the use of the govBenchmark data. Customers shall acknowledge in all publications and presentations based on govBenchmark data, whether internal or external, that the source of the data is "govBenchmark by Envisio".
Acknowledgement of Agreement specific to govBenchmark Lite. Customer agree to abide by the confidentiality and use agreement set out above -- including the provision regarding the posting of govBenchmark reports that makes them available to non-Customers. Customer understands that their membership in govBenchmark Lite is free for a limited time and Envisio has the right to change the date of the offer providing them with 30 days notice, at which time they have the option of converting to a Premium membership at the posted annual fee, with all their data still intact.
Marketing. Envisio may use Customer’s name and/or logo on Envisio’s govBenchmark webpage to encourage participation in growing the national database for comparison, and on social media to identify Customer as an Envisio govBenchmark Customer.
Have a question regarding the above Terms and Conditions? Please email us at firstname.lastname@example.org and we'd be happy to answer any questions you may have.