|
<br /> 8
<br />SHOULD CONSULT WITH LEGAL COUNSEL CONCERNING THE VALIDITY OR ENFORCEABILITY OF
<br />ANY DOCUMENT YOU 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
<br />resource related notices. Since these text message services depend on the functionality of third-party providers,
<br />there may be technical delays on the part of those providers. NEOGOV may make commercially reasonable
<br />efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery,
<br />timeliness, or accuracy of the content of any alert. NEOGOV shall not be liable for any delays, failure to deliver,
<br />or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken
<br />by you or any third party in reliance on an alert. NEOGOV cannot vouch for the technical capabilities of any third
<br />parties to receive such text messages. NEOGOV MAKES NO WARRANTIES OR REPRESENTATIONS OF
<br />ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION
<br />SERVICES; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION
<br />SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO
<br />TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE SERVICES.
<br />
<br />18. Cooperative Agreement. As permitted by law, it is understood and agreed by Customer and NEOGOV that any
<br />(i) federal, state, local, tribal, or other municipal government (including all administrative agencies, departments,
<br />and offices thereof); (ii) any business enterprise in which a federal, state, local, tribal or other municipal entity has
<br />a full, majority, or other controlling interest; and/or (iii) any public school (including without limitation K-12
<br />schools, colleges, universities, and vocational schools) (collectively referred to as the “New Entity”) may
<br />purchase the Services specified herein in accordance with the terms and conditions of this Agreement. It is also
<br />understood and agreed that each New Entity will establish its own contract with NEOGOV, be invoiced therefrom
<br />and make its own payments to NEOGOV in accordance with the terms of the contract established between the
<br />New Entity and NEOGOV. With respect to any purchases by a New Entity pursuant to this Section, Customer: (i)
<br />shall not be construed as a dealer, re-marketer, representative, partner or agent of any type of NEOGOV, or
<br />such New Entity; (ii) shall not be obligated, liable or responsible for any order made by New Entities or any
<br />employee thereof under the agreement or for any payment required to be made with respect to such order; and
<br />(iii) shall not be obliged, liable or responsible for any failure by any New Entity to comply with procedures or
<br />requirements of applicable law or to obtain the due authorization and approval necessary to purchase under the
<br />agreement. Termination of this Agreement shall in no way limit NEOGOV from soliciting, entering into, or
<br />continuing a contractual relationship with any New Entity.
<br />
<br />19. Publicity. Each party hereto may advertise, disclose, and publish its relationship with the other party under this
<br />Agreement.
<br />
<br />20. Force Majeure. NEOGOV shall not be liable for any damages, costs, expenses or other consequences incurred
<br />by Customer or by any other person or entity as a result of delay in or inability to deliver any Services due to
<br />circumstances or events beyond NEOGOV’s reasonable control, including, without limitation: (a) acts of God; (b)
<br />changes in or in the interpretation of any law, rule, regulation or ordinance; (c) strikes, lockouts or other labor
<br />problems; (d) transportation delays; (e) unavailability of supplies or materials; (f) fire or explosion; (g) riot, military
<br />action or usurped power; or (h) actions or failures to act on the part of a governmental authority.
<br />
<br />21. Independent Contractor; Third Party Agreements. The relationship of the parties shall be deemed to be that of an
<br />independent contractor and nothing contained herein shall be deemed to constitute a partnership between or a
<br />joint venture by the parties hereto or constitute either party the employee or agent of the other. Customer
<br />acknowledges that nothing in this Agreement gives Customer the right to bind or commit NEOGOV to any
<br />agreements with any third parties. This Agreement is not for the benefit of any third party and shall not be
<br />deemed to give any right or remedy to any such party whether referred to herein or not.
<br />
<br />22. Entire Agreement; Amendment. This Services Agreement and documents incorporated herein, the applicable
<br />Ordering Document, and Special Conditions (if any) constitute the entire agreement between the parties with
<br />respect to the subject matter hereof and supersede all prior or contemporaneous oral and written statements of
<br />any kind whatsoever made by the parties with respect to such subject matter. “Special Conditions” means
<br />individually negotiated variations, amendments and/or additions to this Service Agreement of which are either
<br />drafted, or incorporated by reference, into the Ordering Document. Any Customer proposal for additional or
<br />different terms, or Customer attempt to vary in any degree any of the terms of this Agreement is hereby objected
<br />to and rejected but such proposal shall not operate as a rejection of this Service Agreement and Ordering
<br />Document unless such variances are in the terms of the description, quantity, or price but shall be deemed a
<br />material alteration thereof, and this Service Agreement and the applicable Ordering Document shall be deemed
<br />accepted by the Customer without said additional or different terms. It is expressly agreed that the terms of this
<br />DocuSign Envelope ID: F4A6FA52-A5F7-4BE8-B437-84F27FE4FB12
|