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NEOGOV rM
<br />constituting Confidential Information of the other party as strictly confidential and wholly owned by such other party
<br />and that It will not, (x) without the express prior written consent of the other party, (y) except as permitted or
<br />authorized herein or, (z) except as required by law including the Public Records Act of the Customer's State,
<br />redistribute, market, publish, disclose, or divulge to any other person, firm or entity, or use or modify for use, directly
<br />or indirectly in any way for any person or entity: (1) any of the other party's Confidential Information during the Term
<br />and for a period of three (3) years thereafter or, If later, from the last date Services (Including any warranty work)
<br />are performed by the disclosing party hereunder; and (li) any of the other party's trade secrets at any time during
<br />which such Information shall constitute a trade secret under applicable law. In association with NEOGOV's concern
<br />for the protection of trade secrets, Confidential Information, and fair market competition, Customer acknowledges
<br />all photos, "screen captures", videos, or related media of NEOGOV products, pages, and related documentation
<br />shall be approved by NEOGOV prior to any publicly accessible disclosure of such media.
<br />12, Representations, Warranties, and Dlsolalmers.
<br />a) Service Performance Warranty, NEOGOV warrants that It provides the Services using a commercially
<br />reasonable level of care and skill. THE FOREGOING WARRANTY DOES NOT APPLY, AND NEOGOV
<br />STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD -PARTY PRODUCTS.
<br />b) No Other Warranty, EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS WARRANTY
<br />SECTION, THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE OF THE
<br />SERVICES IS AT ITS OWN RISK. NEOGOV DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL
<br />OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
<br />OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE,
<br />AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE,
<br />NEOGOV DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR -FREE, OR
<br />COMPLETELY 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
<br />CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SYSTEM AND OTHER
<br />PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF
<br />INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR
<br />INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO
<br />THE INTERNET (OR PORTIONS THEREOF), ALTHOUGH NEOGOV WILL USE COMMERCIALLY
<br />REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID
<br />SUCH EVENTS, NEOGOV CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR.
<br />ACCORDINGLY, NEOGOV DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO
<br />SUCH EVENTS.
<br />d) Services Do Not Constitute Advice or Credit Reporting. NEOGOV does not provide its customers with legal
<br />advice regarding compliance, data privacy, or other relevant applicable laws in the jurisdictions In which you
<br />use the Services, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES PROVIDED HEREUNDER
<br />ARE NOT INTENDED TO BE AND WILL NOT BE RELIED UPON BY YOU AS EITHER LEGAL, FINANCIAL,
<br />INSURANCE, OR TAXADVICE, TO THE EXTENT YOU REQUIRE ANY SUCH ADVICE, YOU REPRESENT
<br />THAT YOU WILL SEEK SUCH ADVICE FROM QUALIFIED LEGAL, FINANCIAL, INSURANCE,
<br />ACCOUNTING, OR OTHER PROFESSIONALS. YOU SHOULD REVIEW APPLICABLE LAW IN ALL
<br />JURISDICTIONS WHERE YOU OPERATE AND HAVE EMPLOYEES AND CONSULT EXPERIENCED
<br />COUNSEL FOR LEGAL ADVICE. YOU ACKNOWLEDGE THAT NEOGOV IS NOT A "CONSUMER
<br />REPORTING AGENCY" AS THAT TERM IS DEFINED IN THE FAIR CREDIT REPORTING ACT AS
<br />AMENDED.
<br />e) Configurable Services. The Services can be used in ways that do not comply with applicable laws and It is
<br />Customer's sole responsibility to monitor the use of the Services to ensure that such use compiles with and is
<br />In accordance with applicable law. In no event shall NEOGOV be responsible or liable for Customer failure to
<br />comply with applicable law In connection with your use of the Services. NEOGOV Is not responsible for any
<br />harm caused by users who were not authorized to have access to the Sorvices but who were able to gain
<br />access because usernames, passwords, or accounts were not terminated on a timely basis by Customer.
<br />Customer acknowledges that NEOGOV exercises no control over specific human resource proctices
<br />Implemented using the Service or Customer's decisions as to employment, promotion, termination, or
<br />compensation of any personnel or Authorized User of the Services. Customer further agrees and acknowledge
<br />that NEOGOV does not have a direct relationship with Customer employees and that Customer Is responsible
<br />for all contact, questions, Customer Data updates and collection, with Customer employees.
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