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Sold To Account Address
Account it: 1003939623
NATIONAL CITY POLICE
BRIDGIT GREGORY
1200 NATIONAL CITY BLVD
NATIONAL CITY CA 91950-432 US
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Account #: 1003939623
NATIONAL CITYY POLICE
BRIDGIT G GORY
1200 NATIONAL CITY BLVD
NATIONAL CITY CA 91950-4302 US
Billing Address
Account #: 1003939623
NATIONAL CITY POLICE
BRIDGIT GREGORY
1200 NATIONAL CITY BLVD
NATIONAL CITY, CA 91950-4302 US
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Page 2 of
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Only non-inmates/administrative staff will access Westlaw or CLEAR with no direct Westlaw research results provided to inmates (including work
product created as part of inmates' legal representation). In no event shall anyone other than Subscriber's approved employees be provided access to
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Functionality of Westlaw or CLEAR cannot an.d does not limit access to non -West internet sites. It is Subscriber's responsibility to control access to
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Government Non-Availabil t of Funds for Online. PracticeSolutions or Software Products
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Signature for Order der ID: -02 77 01.
ACKNOWLEDGEMENT O23775O1
I have read all pages and attachments to this Order Form and 1 accept the terms on behalf of Subscriber. I warrant that I am authorized
to sign this Order Form on behalf of the Subscriber.
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Signature of Authorized Representative for order Title
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Printed Name
Date
This Order Foam will expire and will not be accepted after Sri l /2022 CT.
Page 3 of4
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Account Number: 100393 9623 Email:vfernando@nationalcityca.gov
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e. Limited License to Your Data. You hereby grant us a non-
exclusive license and right to use, copy, store, host, display, transmit
and process Your Data solely as necessary for Thomson Reuters, our
employees and contractors to provide our Services under the
Agreement and in accordance with applicable law. We may delete or
disable Your Data if required under applicable law, in which case we
will use our reasonable efforts to provide notice to you.
•
f. Delivery. We will deliver our Services and any Documentation
electronically, on tangible media, or by other means, in our sole
discretion." When you download or access our Services or
Documentation, you are accepting it for use in accordance with the
Agreement.
3. OUR SERVICES
a. Changes to Service. Our Services may change from time to time,
but we will not change their fundamental nature. Certain Services
include updates (bug Ems, patches, maintenance releases). Upgrades
(releases or versions that include new features or additional
functionality) or any application programming interfaces ("APIs")
may be subject to additional charges.
b. Passwords. Your access to certain Services is password
protected. You are responsible for ensuring that passwords are kept
confidential. .Sharing passwords is strictly prohibited. Each of us shall
maintain industry standard computing environments to ensure that
both your and our property is secure and inaccessible to unauthorized
persons.
c, Unauthorized Technology. Unless prior written authorization is
given by Thomson Reuters, you must not (i) run or install any
computer software or hardware on our Services or network; ii mine,
scrape, index, or automatically download our data; or(iii)
automatically connect whether through APIs or otherwise), our data to
other data, software, services or networks. Neither of us will
knowingly introduce any malicious software .or technologies into any
products, services or networks.
d. Third Party Providers. Our Services may include data and
software from third parties. Some third -party providers require
Thomson Reuters to pass additional terms through to you. The third -
party providers change their terms occasionally and new third -party
providers are added frcoxn time to time. To see the current third -party
additional terms for our Services please click on the following URL:
virmv_thornsonreuters.conifthirdvartvternis. You agree to comply with
all applicable third -party terms therein.
e. Third Party Supplemental Software. You may be .required to
license third -party software to operate some of our Services.
Additional terms may apply to such third -party software.
• f. Use l estrictions: ou shall not use our Property or permit a third
party to use our Property for any purposes beyond the scope of the
access granted herein. Unless otherwise expressly permitted in the
Agreement, you may not and you may not permit a third party to: (i)
sell, license, sublicense, distribute, publish, display, store, copy,
modify, decotnpile, decode or disassemble, reverse engineer, remove
any proprietary notices, translate or transfer our Property in whole or
in part, or as a component of any other product, service or material;(li)
use our .Property or our third -party providers' property to train any
artificial intelligence(Al)or machine learning algorithms or software
or create any derivative works, compilations or collective works or in
any manner or for any purpose that infringes, misappropriates, or
otherwise violates any intellectual property right or other right of any
person, or that violates any applicable law; or (iii) allow any third
parties to access, use or benefit from our Property in any way.
Notwithstanding the foregoing, you may (a) download and print
limited extracts of content from our Services solely for your own
internal business purposes and b on an infrequent, irregular and ad
hoc basis, distribute limited extracts of content from our Services;
provided that, in either case, 1 such extracts do not reach such
quantity as to have commercial value and you do.not use such extracts
as a substitute for any Services and 2 Thomson Reuters and any third -
party content provider, if applicable, is cited and credited as the source:
Exercising legal rights that cannot be limited by agreement is not
precluded. Only if you are in the busines of providing audit, tax, or
accounting services, or legal advice to your clients, this Section 3(f)
does not preclude you from using our Services.to benefit your clients
in the ordinary course of your business in accordance with the
Agreement. Except as expressly set forth in the Agreement we retain all
rights and you are granted no rights in or our Property.
g. Security. Each ofus will use and will require any subcontractors
to use industry standard organizational, administrative, physical and
technical safeguards to protect the other's data, Each party will inform
the other in accordance with applicable law if such party becomes
aware of any unauthorized third -party access to the otherparty's data
and will use reasonable efforts to remedy identified security
vulnerabilities.
h. Compliance. Each of us shall at all times comply with
applicable law, including export controls and economic sanctions that
apply to us in connection with the Agreement.
I. Your Responsibilities. You are responsible for (i) proper use of
our Property in accordance with all Documentation, usage instructions
and operating specifications; (ii) adherence to . the minimum
recommended technical requirements; iii changes you make to our
Services or data; (iv) your combination, of our Property with any other
products, services, data or other property; (v) implementing and
maintaining proper and adequate virus or maiware protection and
proper and adequate backup and recovery systems; and (vi) installing
updates.
4. OM R ES
a, Payment and Taxes. You must pay our charges within 30 days
ofthe date of invoice in the currency stated on the applicable Ordering
Document. A Thomson Reuters affiliate may act as a billing and
collection agent for the Thomson Reuters entity listed on the applicable
Ordering Document. For online purchases, you authorize us to charge
you for charges stated in the applicable Ordering Document via credit
card, debit card, or Automated Clearing House "AHP' or any other
method you have agreed to in advance. If you are a non -government
subscriber and you fail to pay your invoiced charges, you are
responsible for collection costs including legal fees. You must also pay
applicable taxes and duties, other than taxes on our income, in addition
to the price quoted, unless you provide valid proof that you are exempt.
Invoice disputes must be notified within 15 days of the date of the
invoice.
b. Changes. We may increase, or adjust the basis for calculating, the
charges for our Services witheffeet from the start of each renewal term
by giving you at least 90 days written notice; any other price changes
or adjustments will be as set out in your Ordering Document.
c. Excess Use. You must pay additional charges if you exceed the
scope of use specified in the applicable Ordering Document, based on
the rates specified on the applicable Ordering Document or our current
standard pricing, whichever is greater. We may change the charges if
you merge with, acquire or are acquired by another entity which results
in additional access to our Services or data.
5. P111:VikeY
The parties agree that the terms of the Data Protection Addendum
("DPA") available at: httinflir-COMOCeSAM-addendtkill shall
apply to the extent Thomson Reuters Processes Customer Personal
Data (as those terms are defined in the DPA), ,in which case the DPA
is hereby incorporated into the Agreement by this reference.
G. CONFIDENTIALITY
Each party agrees to (0 protect any confidential information received
from the other party using the same standard of care it uses to protect
its own confidential information (which shall be no less than a
reasonable degree of care) and (il) not disclose any part of it to any
third party except to its affiliates, contractors, financial advisors,
accountants and attorneys who are subject to confidentiality duties or
obligations to the recipient that are no less restrictive than the terms
and conditions of the Agreement. If a court or government agency
orders either ofus to disclose the confidential information ofthe other,
the other will be promptly notified so that an appropriate protective
order or other remedy can be obtained unless the court or government
agency prohibits prior notification. These obligations of confidentiality
0
do not apply to information which: (a) is or becomes generally
available to the public (through no act or omission of the receiving
party); (b) becomes known to the receiving party on a non -confidential
basis through a third party who is not subj a ct to an obligation of
confidentiality with respect to that information; e) was lawfully in the
possession of the receiving party prior to such disclosure as established
by documentary evidence; or (d) is independently developed bY the
receiving party, as established by documentary evidence, wikhout
reference to or use of, in whole or in part, any ofthe disclosing party's
confidential information. This section shall survive three (3) years after
the termination ofthe Agreement or until the confidential information
is no longer deemed confidential under applicable law, whichever
occurs first.
7: WARRANTIES: : Dal i CEO l IRS
a. LIMITED WARRANTY, EXCEPT WITH RESPECT TO
INSTALLED SOFTWARE OR PROFESSIONAL SERVICES, WE
WARRANT THAT PROPERLY LICENSED SERVICES WILL
MATERIALLY CONFORM TO ANY DOCUMENTATION THAT
ACCOMPANIES THE SERVICES, THIS LIMITED ED WARRANTY
APPLIES FOR THE DURATION OF THE TERM. YOUR OLY
REMEDY IN THE EVENT WE BREACH THIS LIMITED WARRANTY
SHALL BE THE REPAIR OR REPLACEMENT" OF THE SERVICES
AT NO CHARGE, THIS LIMITED WARRANTY DOES NOT COVER
PROBLEMS CAUSED BY YOUR FAILURE TO ADHERE I TO
INSTRUCTIONS OR CAUSED BY EVENTS BEYOND OUR
REASONABLE CONTROL.
b. INSTALLED SOITWARE. 'WE WARRANT THAT OUR
INSTALLED SOFTWARE WILL MATERIALLY CONFORM TO OUR
DOCUMENTATION FOR 90 DAYS AFTER DELIVERY. IF DURING
"TLIIS WARRANTY PERIOD WE ARE UNABLE TO CORRECT,
WITHIN A REASONABLE TIME PERIOD AND MANNER, AN
INSTALLED SOFTWARE ERROR YOU REPORT TO US, YOU MAY
TERMINATE THE APPLICABLE ORDERING DOCUMENT 'O
THE AFFECTED INSTALLED S O ITWARE BY PROMPT WRITTEN
NOTICE TO US FOLLOWING THE REASONABLE TIME PERIOD
AND THE LICENSES WILL IMMEDIATELY TERMINATE, YO[JR
ONLY REMEDY AND OUR ENTIRE LIABILITY FOR BREACI OF
THIS WARRANTY WILL BE A REFUND OF THE APPLICALE
CHARGES.
c, PROFESSIONAL SERVICES. WE WARRANT THAT WE WILL
PROVIDE ANY PROFESSIONAL SERVICES USING REASONABLE
SKILL AND CARE.
d. DISCLAIMER OF WARRANTIES. THE FOREGOING
WARRANTIES DO NOT APPLY, AND WE STRICTLY DISCLAIM
ALL WARRANTIES, WITH RESPECT TO ANY THIRD -PARTY DATA
OR THIRD -PARTY SOFTWARE. EXCEPT FOR THE LIITI'ED
WARRANTIES PROVIDED IN SECTIONS 7(A), (B), and (C) HERE ,
OUR SERVICES ARE PROVIDED "AS IS", AND ALL WARRANTIES,
CONDITIONS AND OTHER TERMS IMPLIED BY STATUTE jOR
COMMON LAW INCLUDING, WITHOUT LI IITA►TIpN,
WARRANTIES OR OTHER TERMS AS TO SUITABILITY,
MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS
FOR A PARTICULAR PURPOSE, ARE EXCLUDED TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. I
ENTERING THE AGREEMENT, NEITHER PARTY HAS RELIED
UPON ANY STATEMENT, REPRESENTATION, WARRANTY 'OR
AGREEMENT OF THE OTHER PARTY EXCEPT FOR THOSE
EXPRESSLY CONTAINED IN THE AGREEMENT. UNLESS
OTHERWISE EXPRESSLY STATED IN THE AGREEMENT, AND TO
THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW,
WE DO NOT WARRANT OR REPRESENT OR INCLUDE ANY
OTHER TERM THAT THE SERVICES WILL BE DELIVERED FREE
OF ANY INACCURACIES, INTERRUPTIONS, DELAYS, OMISSIONS
OR ERRORS, OR THAT ANY OF THESE WILL BE CORRECTED,
AND WE WILL NOT BE LIABLE FOR ANY DAMAGES RESULTING
FROM SUCH FAULTS. WE DO NOT WARRANT THE LIFE OF ANY
URL OR THIRD -PARTY WEB SERVICE.
e. NO ADVICE. WE ARE NOT PROVIDING FINANCIAL, TAX AND
ACCOUNTING, LEGAL, COMPLIANCE OR ANY OTHER
PROFESSIONAL ADVICE BY ALLOWING YOU TO ACCESS AND
USE OUR SERVICES, DOCUMENTATION OR DATA. YOUR
DECISIONS MADE IN RELIANCE ON THE SERVICES,
DOCUMENTATION OR YOUR INTERPRETATIONS OF OUR DATA
ARE YOUR OWN FOR WHICH YOU HAVE FULL RESPONSIBILITY.
WE ARE NOT RESPONSIBLE FOR ANY DAMAGES RESULTING
FROM ANY DECISIONS BY YOU OR ANYONE ACCESSING TI{E
SERVICES THROUGH YOU MADE IN RELIANCE ON THE
SERVICES, INCLUDING FINANCIAL, TAX AND ACCOUNTING,
LEGAL, COMPLIANCE, OR ANY OTHER PROFESSIONAL ADVICE.
YOU AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK
IN THESE RESPECTS. YOU ARE SOLELY RESPONSIBLE FOR THE
PREPARATION, CONTENT, ACCURACY AND REVIEW OF ANY
DOCUMENTS, DATA, OR OUTPUT PREPARED OR RESULTING
FROM THE USE OF ANY SERVICES AND FOR ANY DECISIONS
MADE OR ACTIONS TAKEN BASED ON THE DATA CONTAINED IN
OR GENERATED BY THE SERVICES.
!LIABILITY
a. LIMITATION. EACH PARTY'S OR ANY OF ITS THIRD
PARTY PROVIDERS' ENTIRE LIABILITY IN ANY
CALENDAR YEAR FOR DAMAGES ARISING OUT OF OR IN
CONNECTION WITH TILE AGREEMENT, INCLUDING FOR
NEGLIGENCE, WILL NOT EXCEED THE AMOuNT
PAYABLE IN THE PRIOR 12 MONTHS FOR THE SERVICE
THAT IS THE SUBJECT OF THE CLAIM FOR DAMAGES
(OR, IF THE CLAIM IS MADE THE FIRST 12
MONTHS, 12 TIDIES THE AVERAGE OF THE MONTHLY
CHARGES PAM). IN NO EVENT SHALL WE OR OUR
THIRD -PARTY PROVIDERS BE LIABLE FOR ANY
PENALTIES, INTEREST, TAXES OR OTHER AMOUNTS
IMPOSED BY ANY GOVERNMENTAL OR REGULATORY
AUTHORITY. NEITHER PARTY IS LIABLE TO THE OTHER
FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR
CONSEQUENTIAL DAMAGES, FOR LOSS OF DATA, OR
LOSS OF PROFITS (IN EITHER CASE, WI -TETHER DIRECT
OR INDIRECT) EVEN IF SUCH DAMAGES OR LOSSES
COULD HAVE BEEN FORESEEN OR PREVENTED.
b. Unlimited Liability. Section 8(a) does not limit either party's
liability for i) fraud, fraudulent misrepresentation, willful misconduct,
or conduct that demonstrates reckless disregard for the rights of others;
II negligence causing death or personal injury; or (iii) infringement
of intellectual property rights. Section 8(a) does not limit your
indemnification obligations in Section 8(d) or your obligation to pay
the charges an the applicable Ordering Document and all amounts for
use'othe Services that exceed the usage permissions and restrictions
granted to you. Nothing in the Agreement limits liability that cannot
be limited under law.
c. Third Party Intellectual Property. If a third party sues you
claiming that our Services, excluding any portions of the same
provided by our third -party providers, infringes their intellectual
property rights, and your use of such Services has been in accordance
with the terms ofthe Agreement, we will defend you against the claim
and pay damages that a court finally awards against you or that are
included in a settlement approved by Thomson Reuters, provided the
claim does not result from: (i) a combination of all or part of our
Services with technology, products, services or data not supplied by
Thomson Reuters; ii) modification of all or part of our Services other
than by Thomson Reuters or our subcontractors; iii use of a version
of our Services after we have notified you of a requirement to use a
subsequent version; or (iv) your breach of the Agreement. Our
obligation in this Section 8(c) is conditioned on you 1 promptly
notifying Thomson Reuters in writing ofthe claim; 2 supplying
information we reasonably request; and allowing Thomson Reuters
to control the defense and settlement.
d. Your Obligations. You are responsible for any loss, damage or
cost we and our affiliates incur arising out of or in connection with a
third -party claim, or a regulatory fine or penalty, connected to: (i) an
allegation' that our or our affiliates' use of the information, data,
software, or other materials provided to ,us by you or on your behalf,
which we are required to host, use or modify in the provision of our
Services infringes the intellectual property rights of a, third party
(except to the extent of any indemnity we provide you under Section
8(c) (Third Party Intellectual Property); (ii) your or your
subcontractors' use of our Property in breach of the Agreement or in
violation of applicable law; iii our or our affiliates' compliance with
any instruction given by you to us in the course ofthe provision ofour
Services; or (iv) an assertion by any person accessing or receiving the
benefit of any part of our Services through you.
{
e. Customer Assistance. We will not be responsible if our Service
fails to perform because of your third -party software, your hardware
malfunction, or your actions or inaction. If we learn that our Service
failed because of one of these, we also_reserve the right to charge you
for our work in investigating the failure. At your request we will assist
you in resolving the failure at a fee to be agreed upon by us.
9. TTER rl .T ERN [1NATION:
a. Term. The term and any renewal terms for the Services are
described in the applicable Ordering Document. If not otherwise stated
in the applicable Ordering Document, the Agreement will
automatically renew annually unless either of us gives the other at least
60 days written notice before the end ofthe then current term.
b. Suspension. We may on notice terminate, suspend or limit your
use of any portion or all of our Services if i requested to do so by a
third -party provider, court or' regulator; ii you become or are
reasonably likely to become insolvent; or (iii) there has been or it is
reasonably likely that there will be: a breach of security; a breach of
your obligations under the Agreement or another agreement between
us; a breach °four agreement with a third -party provider; or a violation
ofthird party rights or applicable law. Our notice will specify the cause
of the termination, suspension or limitation and, if the cause of the
termination suspension or limitation is reasonably capable of being
remedied, we will inform you of the actions you must take to reinstate
the Service. If you do not take the actions or the cause cannot be
remedied within 30 days, we may suspend, limit or terminate the
Agreement in whole or in part. Charges remain payable in full during
periods of suspension or limitation arising from your action or
inaction.
c. Termination. We may, upon reasonable notice, terminate all or
part of the Agreement in relation to a Service which is being
discontinued. Either of us may terminate the Agreement immediately
upon written notice if the other commits a material breach and fails to
cure the material breach within 30 days of being notified to do so. Any
misrepresentation by you or failure to fully pay any amount when due
under the Agreement is a material breach for this purpose. Where0)
we terminate a Service, other than for a termination for your breach
pursuant to this Section 9 or a termination for your insolvency
pursuant to Section 9b, or ii you terminate a Service for our breach
pursuant to this Section c, you will be entitled to a pro rata refund
of any prepaid unused recurring charges for the terminated Service.
d. Effect of Termination. Except to the extent we have agreed
otherwise, upon expiration or termination of the Agreement, all
licenses and rights granted herein shall end immediately and you must
uninstall or destroy all of our Property. Additionally, upon expiration
or termination, at your request, we will, at our discretion, either return
or destroy your confidential information, except as may be required for
archival or compliance purposes. Termination of the Agreement will
not (i) relieve you of your obligation to pay Thomson Reuters or its
agent any amounts you owe up to and including the date of
termination; ii affect other accrued rights and obligations; or (iii)
terminate those parts of the Agreement that by their nature should
continue or those that expressly state shall survive termination.
e. Amendments. We may modify the Agreement at any time by
posting the updated Agreement at httnifiticr_comrrermsandConditions.
Modified tenns become effective 30 days after posting. By using the
Services after the effective date, you agree to be bound by the most
recent version of the Agreement. You are responsible for reviewing
and becoming familiar with any such modifications.
f. Force Maj eu re. We are not liable for any damages or failure to
perform our obligations under the Agreement because of
circumstances beyond our reasonable control. If those circumstances
cause material deficiencies in the Services and continue for more than
30 days, either of us may terminate any affected Service on written
notice to the other.
O. TIE RfHPARTY- R LOUIS'
Our third -party providers benefit from our rights and remedies under
the Agreement. Except for our third -party providers, no other third
parties have any rights or remedies under the Agreement.
11. GENERAL.
a. Assignment. You may not assign, delegate or otherwise transfer
the Agreement (including any of your rights or remedies) to anyone
else without our prior written consent We may assign, delegate or
otherwise transfer the Agreement (including any of our rights or
remedies) in whle'or in part to an affiliate or any entity that succeeds
to all or substantially all ofthe assets or business associated with our
Property. We may subcontract any of the Services in our sole
discretion. Any assignment, delegation or other transfer in
contravention of this Section 11a is void.
b. Feedback. You may voluntarily provide any comments,
suggestions, ideas or recommendations (collectively, "Feedback") to
Thomson Reuters, and if so, you grant Thomson Reuters a perpetual,
irrevocable, transferable, nonexclusive right, without charge, to use
any Feedback you provide related to any ofour Property in any ruiner
and for any pose.
c. Agreement Compliance. We or our professional representatives
may review your compliance with the Agreement throughout the term
of the Agreement. If the review reveals that you have exceeded the
authorized use permitted.by the Agreement, you will pay all unpaid or
underpaid charges.
d. Governing Law. Unless otherwise stated in the applicable
Ordering Document, the Agreement will be governed by the Iaws of
the State of New York and each of us hereby irrevocably submits to
the exclusive jurisdiction ofthe federal and state courts of the State of
New York located in New York County to settle all disputes or claims
arising out of or in connection with the Agreement.
e. Precedence. The descending order of precedence is: third jaarty
license tarns contained in Section 3(d) of these terns; the applicable
Ordering Document; and the remaining provisions ofthe Agreerrient.
f. Trials. All trials of our Services are subject to the terms of these
General Terms and Conditions, unless we notify you otherwise.
Access to our Services for trials may only be used for your evaluation
purposes. Unless we agree otherwise in writing, any data you enter into
the Services, and any customizations made to the Services by or for
you, during any free trial may be permanently destroyed at the end of
the trial.
g. Support Provided. To assist in resolving technical problems
with the Services, Thomson Reuters, or its agents on behalf of
Thomson Reuters, may provide telephone and/or online access to its
helpdesk or may provide self-help tools. Additional information
related to the support provided by Thomson Reuters may be described
en . ht ://thornsoureuter .co uo rt-and-time or as otherwise
provided by Thomson Reuters.
h. No Waiver. Ifeither party delays or fails to exercise any right or
remedy under the Agreement, it will not have waived that right or
remedy.
i. Severability. If any part of the Agreement that is not
fundamental is illegal or unenforceable, it will be deemed modified to
the minimum extent necessary to make it legal and enforceable. If such
modification is not possible, the part will be deemed deleted. Any such
modification or deletion will not affect the validity and enforceability
of the remainder of the Agreement.
j. Consent to Electronic.Communications. You hereby consent to
receiving electronic communications from us. These electronic
communications may include notices about applicable fees and
charges, transactional information, and other information concerning
or related to the Services.
1. Entire Agreement and Non -Reliance. The Agreement contains
the entire understanding between us regarding its subject matter and
supersedes all prior agreements, understandings, negotiations,
proposals and other representations, verbal or written, in each case
relating to such subject matter, including without limitation any terms
and conditions appearing on a purchase order or other form(s) used by
you. Each of us acknowledges that in entering into the Agreement
neither ofus have relied on any representations made by the other that
are not expressed in the Agreement.
g' F.