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NEOGOVIm
<br />b) No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS WARRANTY SECTION,
<br />THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE OF THE SERVICES IS AT
<br />ITS OWN RISK. NEOGOV DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS
<br />AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
<br />MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND
<br />ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEOGOV
<br />DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR -FREE, OR COMPLETELY
<br />SECURE, OR THAT ANY ERROR WILL BE CORRECTED.
<br />c) Disclaimer of Actions Caused by and/or Under the Control of Third Parties. NEOGOV DOES NOT AND CANNOT
<br />CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SYSTEM AND OTHER PORTIONS OF THE
<br />INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES
<br />PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD
<br />PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS
<br />THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL
<br />ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV CANNOT
<br />GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND
<br />ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
<br />d) Configurable Services. The Services can be used in ways that do not comply with applicable laws and it is Customer's
<br />sole responsibility to monitor the use of the Services to ensure that such use complies with and is in accordance with
<br />applicable law. In no event shall NEOGOV be responsible or liable for Customer failure to comply with applicable law
<br />in connection with your use of the Services. NEOGOV is not responsible for any harm caused by users who were not
<br />authorized to have access to the Services but who were able to gain access because usernames, passwords, or accounts
<br />were not terminated on a timely basis by Customer.
<br />e) Services Do Not Constitute Advice or Credit Reporting. NEOGOV does not provide its customers with legal advice
<br />regarding compliance, data privacy, or other relevant applicable laws in the jurisdictions in which you use the Services.
<br />YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES PROVIDED HEREUNDER ARE NOT INTENDED
<br />TO BE AND WILL NOT BE RELIED UPON BY YOU AS EITHER LEGAL, FINANCIAL, INSURANCE, OR TAX
<br />ADVICE. TO THE EXTENT YOU REQU03E ANY SUCH ADVICE, YOU REPRESENT THAT YOU WILL SEEK
<br />SUCH ADVICE FROM QUALIFIED LEGAL, FINANCIAL, INSURANCE, ACCOUNTING, OR OTHER
<br />PROFESSIONALS. YOU SHOULD REVIEW APPLICABLE LAW IN ALL JURISDICTIONS WHERE YOU
<br />OPERATE AND HAVE EMPLOYEES AND CONSULT EXPERIENCED COUNSEL FOR LEGAL ADVICE. YOU
<br />ACKNOWLEDGE THAT NEOGOV IS NOT A "CONSUMER REPORTING AGENCY" AS THAT TERM IS
<br />DEFINED IN THE FAIR CREDIT REPORTING ACT AS AMENDED.
<br />No Control of HR Practices. You acknowledge that NEOGOV exercises no control over your specific human resource
<br />practices implemented using the Service or your decisions as to employment, promotion, termination, or compensation
<br />of any Personnel or Authorized User of the Service. You further agree and acknowledge that NEOGOV does not have a
<br />direct relationship with your employees and that you are responsible for all contact, questions, Customer Data updates
<br />and collection, with your employees. In addition, you are responsible for the privacy (including your own privacy policies
<br />governing your processing of Customer Data), collection, use, retention and processing of your Customer Data, and
<br />providing any and all notices and information to your employees regarding the foregoing, in compliance with all
<br />applicable laws. NEOGOV hereby disclaims all liability arising from your decisions and from harmful data or code
<br />uploaded to the Service by you and/or your employees, contractors or agents.
<br />g) Customer Compliance. Customer shall be responsible for ensuring that Customer's use of the Services and the
<br />performance of Customer's other obligations hereunder comply with all applicable rules, regulations, laws, codes, and
<br />ordinances. Customer is responsible for Customer's information technology infrastructure, including computers,
<br />software, databases, electronic systems (including database management systems), and networks, whether operated
<br />directly by Customer or through the use of third -party services equipment and facilities required to access the Services.
<br />Customer shall be responsible for procuring all licenses of third -party software necessary for Customer's use of the
<br />Services. Customer is responsible and liable for all uses of the Services, directly or indirectly, whether such access or use
<br />is permitted by or in violation of this Agreement. All users of the Services are obligated to abide by the Terms of Use
<br />available at haps://www.neoeov.com/terms-of-use. Customer shall take reasonable efforts to make all users, whether
<br />Authorized or unauthorized, aware of this Agreement's provisions as applicable to such user's use of the Services and
<br />shall cause users to comply with such provisions.
<br />NSA-v050l l9 - PUBLISHED May 1, 2019
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