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Page 2 of 3 <br />b. User agrees and understands that as the Court Rules and other laws underlying the <br />CalendarRules Service may change from time to time, User is responsible to monitor these changes <br />and procure updates to the specific rules of the relevant covets to reflect such changes in a timely <br />manner In order to keep the Court Rules Data current. User understands and agrees that CRC is <br />not responsible for the accuracy of any dates and that it is incumbent upon User to ensure that the <br />Court Rules and Holiday List ere accurate. CRC shall in no event be held liable or responsible for <br />any damages resulting from missed dates. <br />c. User agrees not to rely, in anyway, on the CalendarRuies Service to assist User in complying <br />with any court's rule(s) until User first; (a) Prints a hard copy of every Court Rules set, and then (b) <br />Compares that hard copy to both the current rule(s) for the applicable court(s) and User's own <br />information and interpretation about and of those rule(s). Further, User agrees that the Court Rules <br />shall be tested by User to determine that they are functioning properly, before using or relying upon <br />them. User understands, acknowledges acid agrees that such review and testing is absolutely <br />required to assure accuracy, consistency and completeness of User's compliance with the rule(s) <br />that may apply to the court(s) for which Court Rules have been Licensed to User; and then; (C) <br />Obtain and confirm the Holiday List for all courts in which User and User's Office practice. <br />d. CRC IS NOT LICENSED TO PRACTICE LAW IN ANY JURISDICTION AND DOES NOT <br />RENDER LEGAL ADVICE. ACCORDINGLY, USE OF THE COURT RULES DATA IS FOR <br />PROFESSIONALS SKILLED IN THE AREAS COVERED THEREBY. <br />EXCEPT AS PROVIDED HEREIN, THE COURT RULES DATA IS PROVIDED ON AN "AS IS" <br />BASIS. CRC MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT <br />NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A <br />PARTICULAR PURPOSE, AND TITLE. CRC DOES NOT WARRANT THAT THE COURT RULES <br />DATA WILL BE WITHOUT ERRORS, UNINTERRUPTED, FREE OF VIRUSES OR OTHER <br />HARMFUL COMPONENTS OR THAT DEFECTS WILL BE CORRECTED, <br />UNDER NO CIRCUMSTANCES WILL CRC OR ANYONE ELSE ASSOCIATED WITH CREATING, <br />DEVELOPING, PRODUCING OR DISTRIBUTING THE COURT RULES DATA INDEMNIFY YOU <br />OR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, <br />PUNITIVE, SPECIAL, DIRECT OR INDIRECT DAMAGES THAT RESULT FROM THE USE, OR <br />THE INABILITY TO USE, THE COURT RULES DATA, INCLUDING, BUT ARE NOT LIMITED TO, <br />LOST PROFITS, LOST USE, LOST DATA, OR THOSE DAMAGES THAT OCCUR AS A RESULT <br />OF ERRORS, DEFECTS, DELETION OF FILES, INTERRUPTIONS, OMISSIONS, MISTAKES, <br />DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE (WHETHER <br />OR NOT LIMITED TO ACTS OF GOD), OR COMMUNICATION FAILURE, WHETHER BASED ON <br />TORT, NEGLIGENCE; CONTRACT, STRICT LIABILITY OR OTHERWISE. CRUS MAXIMUM <br />LIABILITY FOR DIRECT DAMAGES SHALL BE LIMITED TO THE ACTUAL FEES PAID BY YOU <br />IN THE APPLICABLE i'ERM. <br />6. Indemnification. User agrees to indemnify, hold harmless and defend CRC, its shareholders, <br />directors, officers, employees and agents from and against any action, cause, claim, damage, debt, <br />demand or liability, including reasonable costs and attorneys' fees, asserted by any person, arising out <br />of or relating to: (a) this Agreement and (b) User's use of the court Rules Data, including any data or <br />work transmitted or received by User. <br />7. Assignment.'fhis Agreement is for the benefit of the signatories only and not for the benefit of any third <br />parties. This Agreement may not be assigned by the Customer without prior written consent of CRC <br />and its agent, LB Media. <br />S. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or <br />otherwise, in any one or more Instances, shall be deemed to be, or shall constitute, a waiver of any <br />other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a <br />continuing waiver of any such term, provision or condition hereof. No waiver, shall be binding unless <br />executed in writing by the party making the waiver. <br />CRC 7.17 <br />