Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of becvrdhealth.com and the CVRD Health compliance platform (collectively, the "Service") operated by CVRD Health, Inc. ("the Company"), located at 1100 Wilson Boulevard, Suite 1400, Arlington, VA 22201. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Federal contractor organizations that subscribe to the Service enter a separate subscription agreement that governs platform access, data processing obligations, and service-level commitments in addition to these Terms. In the event of any conflict, the subscription agreement governs.

2. Use of the Service

• You must be at least 18 years old and authorized to act on behalf of your organization to use the Service.
• You agree not to use the Service for unlawful purposes, to interfere with its operation, or to attempt to gain unauthorized access to any system, data, or account.
• You may not reverse-engineer, decompile, scrape, or copy the Service or its compliance algorithms except as permitted by applicable law.
• You are responsible for ensuring that any employee payroll data you submit to the Service has been collected and may be processed in compliance with applicable employment and privacy laws, including any applicable collective bargaining agreements.

3. Intellectual Property

The Service, including all text, graphics, logos, the wage determination mapping engine, the fringe-benefit calculation models, and all supporting software, is owned by the Company or its licensors and is protected by United States and international intellectual-property laws. The Company grants you a limited, non-exclusive, non-transferable license to access and use the Service for its intended purpose of payroll compliance documentation. No broader license is granted by implication.

4. User Content and Submitted Data

You are responsible for the accuracy and legality of any data you submit through the Service, including contract vehicle information, employee classifications, wage rates, and fringe-benefit records. You represent that you have all necessary rights and authorizations to submit such data to the Company for processing. You grant the Company a limited license to use, store, and process submitted data as necessary to provide the Service, generate compliance outputs, and fulfill our obligations under your subscription agreement.

The Company does not use employee payroll data you submit for any purpose other than generating compliance outputs for your organization. We do not sell, license, or share submitted payroll data with third parties except as described in our Privacy Policy.

You acknowledge that the Service generates compliance documentation to assist your organization in meeting SCA, Davis-Bacon, and related DOL reporting requirements. The Company does not act as your legal counsel or compliance officer, and you remain responsible for the accuracy of your submissions to the Department of Labor.

5. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, THE COMPANY DOES NOT WARRANT THAT ANY COMPLIANCE REPORT OR DOCUMENTATION GENERATED BY THE SERVICE WILL SATISFY THE REQUIREMENTS OF ANY SPECIFIC DOL INVESTIGATION, AUDIT, OR PROCEEDING, OR THAT THE SERVICE WILL REFLECT ALL CHANGES TO WAGE DETERMINATIONS ON THE DAY OF THEIR EFFECTIVE DATE.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING ANY BACK-PAY ASSESSMENTS, DEBARMENT PROCEEDINGS, OR PENALTIES RESULTING FROM RELIANCE ON SERVICE OUTPUTS. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO THE COMPANY IN THE THREE MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

7. Indemnification

You agree to defend, indemnify, and hold harmless the Company from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any third-party right, or (d) any inaccuracy or unlawfulness in payroll data you submit to the Service.

8. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to access the Service ceases immediately. Sections that by their nature should survive termination will survive, including Sections 3, 5, 6, 7, 9, and 10. Subscriber data retained for DOL recordkeeping purposes will be held and deleted per the schedule in our Privacy Policy.

9. Governing Law; Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-law principles.

Informal Resolution. Before filing a formal claim, you agree to contact us at [email protected] and attempt informal resolution for at least 60 days.

Arbitration. Any dispute that cannot be resolved informally will be settled by binding arbitration administered in Virginia, USA under the rules of the American Arbitration Association ("AAA"). Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. You and the Company each waive the right to a jury trial and the right to participate in a class action.

Exception. Either party may seek injunctive relief in a court of competent jurisdiction located in Virginia, USA for intellectual-property infringement or unauthorized access to the Service.

10. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted with a new "Last updated" date. Continued use of the Service after the effective date of the updated Terms constitutes acceptance. Subscribers will receive email notice of material changes at least 30 days in advance.

11. Contact