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Attachment 3 <br />MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING <br />BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR <br />PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE <br />IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER <br />PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. <br />b.ACCURACY AND COMPLETENESS OF INFORMATION. <br />WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, <br />COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE <br />ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE <br />COURT RECORDS. <br />16.RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor <br />and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the <br />Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA <br />shall have the right nor the authority to assume, create or incur any liability or obligation of any <br />kind, express or implied, against or in the name of or on behalf of the other. <br />17.NOTICE. Except as provided in section 2 regarding notices of or modifications to <br />Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber <br />hereunder shall be deemed to have been received when personally delivered in writing or seventy- <br />two (72) hours after it has been deposited in the United States mail, first class, proper postage <br />prepaid, addressed to the party to whom it is intended at the address set forth on page one of this <br />Agreement or at such other address of which notice has been given in accordance herewith. <br />18.NON-WAIVER. The failure by any party at any time to enforce any of the <br />provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in <br />equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, <br />remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of <br />any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the <br />instance to which such waiver is directed. <br />19.FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure <br />or delay in the performance of their respective obligations hereunder caused by acts beyond their <br />reasonable control. <br />20.SEVERABILITY. Every provision of this Subscriber Amendment shall be <br />construed, to the extent possible, so as to be valid and enforceable. If any provision of this <br />Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, <br />illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber <br />Amendment, and all other provisions shall remain in full force and effect. <br />21.ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly <br />permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this <br />Subscriber Amendment or any of its rights or obligations hereunder without the prior written <br />consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of <br />9 <br />Qbhf!234!pg!248 <br /> <br />