Reso 2009-1489 - Laserfiche WebLink

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GENERAL OBLIGATIONS We are responsible only for performing the Selvices expressly provided for in this Booklet. We may contract with an outside vendor in providing any of these Services. With respect to any Service, we will provide you with assistance by telephone at the numbers and during the hours specified by us in writing from time to time. You are responsible for maintaining the security of your data and ensuring that it is adequately backed-up. We are not responsible for your loss of your data. ORAL INSTRUCTIONS Except as otherwise provided in this Booklet with respect to compliance with any applicable Security Procedure, we may rely on oral instl1lctions from any person who identifies himself or herself by a name which is included on a written list from you of persons authorized to give such instructions. You will update this list from time to time as necessary to reflect any changes in authorized persons. Except as otherwise expressly stated in this Booklet, we are not required to act on any instruction from any person or to give notices to any person. SEVERABILITY; NO WAIVER If any provision of this Booklet or the application of any such provision to any person or set of circumstances is determined to be invalid, unlawful, void or unenforceable to any extent, the remainder of this Booklet., and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful, void or unenforceable, are not impaired or otherwise affected and continue to be valid and enforceable to the fullest extent permitted by law. No delay or failure to exercise any light or remedy under this Booklet is deemed to be a waiver of such right or remedy. No waiver of a single breach or default under this Booklet is a waiver of any other breach or default. Any waiver under this Booklet must be in writing. GOVERNING LAW Except as otherwise expressly provided in this Booklet for a particular Service, with respect to each Service, this Booklet is governed by and interpreted according to (i) U.S. federal law and (ii) the law of (A) the state in the United States of America in which the account (or the principal account., in the case of multiple accounts) associated with such Service is located or, if there is no such state or no account associated with such Service, (B) the State of New York, without reference to the principles of conflicts of law of the U.S. and of such state. If you are headquartered, or are using a Service, outside the United States of Amelica, and if requested by us, you must appoint an agent for service of process in England, Hong Kong, Singapore and/or the United States of America, and you irrevocably agree that any writ., summons, order, judgment or other document relating to or in conjunction with any proceeding, suit or action may be served on you in such jurisdiction. AD-AG-0455B (2004-2) 57