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<br /> 7 <br /> <br />b) CAP ON MONETARY LIABILITY. WITHOUT LIMITATION OF THE PREVIOUS SECTION, EXCEPT FOR <br />DAMAGES ARISING OUT OF LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED, <br />CUSTOMER¶S OBLIGATIONS TO MAKE PA<MENT UNDER THIS AGREEMENT, OR LIABILITY FOR <br />INFRINGEMENT OR MISAPPROPRIATION OF NEOGOV INTELLECTUAL PROPERTY RIGHTS, THE <br />TOTAL LIABILITY OF EITHER PARTY FOR ANY AND ALL CLAIMS AGAINST THE OTHER PARTY UNDER <br />THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT <br />(INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, <br />SHALL NOT EXCEED THE AMOUNT OF ALL PAYMENTS ACTUALLY RECEIVED BY NEOGOV FROM <br />CUSTOMER DURING THE RELEVANT YEAR OF THIS AGREEMENT DURING WHICH THE CAUSE OF <br />ACTION AROSE. THE FOREGOING LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL PAYMENTS <br />FOR CLAIMS OR DAMAGES IN CONNECTION WITH THIS AGREEMENT BEING AGGREGATED TO <br />DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT <br />ENLARGE THE LIMIT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF <br />LIABILITY IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND <br />SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED <br />REMEDY. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN <br />INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND <br />UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT AND HAS BEEN TAKEN INTO <br />ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY <br />UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS <br />AGREEMENT. <br /> <br />16. E-Signatures. <br /> <br />a) E-Signature Provisioning & Consent. NEOGOV E-FRUPV DQG RWKHU HOHFWURQLFDOO\ VLJQHG VHUYLFHV (³E- <br />SLJQDWXUHV´) DUH SURYLGHG E\ NEOGOV IRU WZR FRXQWHUSDUWLHV (JHQHUDOO\ D JRYHUQPHQW HPSOR\HU (WKH ³VHQGLQJ <br />SDUW\´) VXEVFULELQJ WR NEOGOV SHUYLFHV DQG PHUVRQQHO RU JRE SHHNHUV) WR HOHFWURQLFDOO\ VLJQ GRFXPHQWV. II <br />you use E-Signatures offered by NEOGOV, you agree to the statements set forth in this Sect ion. Whenever <br />you sign a document using E-Signatures you affirmatively consent to using electronic signatures via the E- <br />Signatures and consent to conducting electronic business transactions. You also confirm that you are able to <br />access the E-Signatures and the document you are signing electronically. When using E-Signatures for a <br />document, your consent applies only to the matter(s) covered by that particular document. <br /> <br />b) Right to Opt-Out of E-Signatures. You are not required to use E-Signatures or accept electronic documents <br />provided thereby. Personnel and Job Seekers can choose to not use E-Signatures and may sign the document <br />manually instead by notifying the sending party they are choosing to do so and by obtaining a non-electronic <br />copy of the document. NEOOGV assumes no responsibility for providing non-electronic documents. In the <br />event a non-sending party elects to sign the document manually, do not use E-Signatures to sign the <br />document. <br /> <br />c) Electronic Download. If you have signed a document electronically using E-Signatures and transmitted it back <br />to the sending party, NEOGOV provides the opportunity to download and print a paper copy of the document <br />at no charge. If you later withdrawn your consent to using E-Signatures, please notify the sending party and <br />stop using E-Signatures. Note that the decision to stop using E-Signatures after you have already used it does <br />not change the legality of the documents you have previously signed using an electronic signature. <br /> <br />d) E-Signature Validity. PLEASE NOTE THAT NEOGOV¶S STATEMENTS CONTAINED HEREIN OR <br />ELSEWHERE CONCERNING THE VALIDITY OF ELECTRONIC DOCUMENTS AND/OR THE SIGNATURE <br />LINES OF DOCUMENTS THAT ARE ELECTRONICALLY SIGNED ARE FOR INFORMATIONAL <br />PURPOSES ONLY; THEY SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. UNDER FEDERAL AND <br />STATE LAWS GOVERNING ELECTRONIC SIGNATURES, ELECTRONIC SIGNATURES ON CERTAIN <br />TYPES OF AGREEMENTS ARE NOT ENFORCEABLE. NEOGOV HEREBY DISCLAIMS ANY <br />RESPONSIBILITY FOR ENSURING THAT DOCUMENTS ELECTRONICALLY SIGNED THROUGH E- <br />SIGNATURE¶S ARE VALID OR ENFORCEABLE UNDER THE LAWS OF THE UNITED STATES OF <br />AMERICA, ANY PARTICULAR STATE, OR ANY OTHER LEGAL JURISDICTION. YOU SHOULD CONSULT <br />WITH LEGAL COUNSEL CONCERNING THE VALIDITY OR ENFORCEABILITY OF ANY DOCUMENT YOU <br />MAY SIGN ELECTRONICALLY USING NEOGOV¶S E-SIGNATURE¶S. <br /> <br />17. Text Message Communications. NEOGOV may offer Job Seekers and Personnel the opportunity to receive text <br />messages regarding job application or hiring process reminders, applicant status updates, or other human resource <br />related notices. Since these text message services depend on the functionality of third-party providers, there may