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<br /> <br /> <br />“F” - 8 <br />Disclaimer of Warranties <br />Neither BiblioCommons nor Participating Libraries make any representations with respect to the BiblioCommons Service, <br />including any representations related to results that may be obtained by using the BiblioCommons Service. All use of the <br />Service is at the sole risk of the user. <br />The BiblioCommons Service and the BiblioCommons Content are provided on an "as is" basis and BiblioCommons and <br />Participating Libraries disclaim any and all warranties to the fullest extent permissible by law, including implied and/or <br />statutory warranties, including but not limited to implied warranties of merchantability, non-infringement of third parties' <br />rights, and fitness for a particular purpose. Neither BiblioCommons nor the Participating Libraries make any representations <br />or warranties about (and specifically disclaim any responsibility for) the accuracy, completeness, s ecurity or timeliness of <br />the BiblioCommons Service and its content. No warranties may be made in relation to the website or its contents except as <br />contained in these Terms of Use. <br />You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms of use are <br />fair and reasonable. <br />Indemnity <br />You agree to defend, indemnify, and hold harmless BiblioCommons and the Participating Libraries (as well as their officers, <br />directors, employees, agents, successors and assigns) from and against any third party claims, actions or demands (including, <br />without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from, or in connection <br />with your use of this Service or your breach of these Terms of Use. <br />Your First Amendment and Other Rights <br />BiblioCommons has worked extensively with libraries across the United States to ensure that these Terms of Use protect <br />your First Amendment and other rights as a library patron. These Terms of Use (including the mechanics around removing <br />Shared Content as described above) have been created and are revisited from time to time, to ensure that they are reflective <br />of, and otherwise protect, your First Amendment and other library patron rights. These Terms of Use should not be <br />interpreted in any matter to lessen or remove your First Amendment rights or any other statutory rights you may have as a <br />library patron. <br />Jurisdiction and Forum <br />Your use of the Service and these Terms of Use shall be governed by and construed in accordance with the laws of the <br />North Carolina, excluding (a) its conflicts of law rules and (b) the United Nations Convention on Contracts for the <br />International Sale of Goods (including all related protocols). <br />Notwithstanding any provision of this section of the Terms of Use, BiblioCommons shall be free to seek interim or injunctive <br />relief before any court of competent jurisdiction for a breach or a threatened breach of any provision of these Terms of Use <br />that may, in our absolute discretion, require an urgent remedy. You agree that the limitations on liability, disclaimer of <br />warranties and indemnity provisions of this Terms of Use are for the benefit of BiblioCommons, our Participating Libraries <br />and their successors. <br />Compliance with Law <br />Docusign Envelope ID: 49D5B7A4-3432-4225-B626-F266F1A79679