4. CONDITIONS FOR USE AND ACCESS
A. EQUIPMENT AND CONNECTIONS -- The User shall obtain and supply, at
its sole cost, all equipment, including computer, peripherals, modems, software
and connections and shall be responsible for and pay any and all other fees or
costs necessary to implement this Agreement.
5. TERM OF AGREEMENT --This Agreement shall continue until
such time as it is terminated pursuant to the provision in the following
6. TERMINATION -- This Agreement may be terminated by either the
Trustee or by the User, at any time, for any reason whatsoever, without notice.
7. INDEMNIFICATION -- User shall and hereby agrees to
indemnify the Trustee for, and to hold Trustee harmless from any claims,
demands, suits, damages or costs, of any kind, arising out of or relating to
use and access provided under this Agreement, caused or claimed to be caused by
any act or failure of Trustee.
8. ASSIGNMENT OR SUBCONTRACT -- This agreement shall not be assigned
nor shall any use or access provided under this Agreement be subcontracted, co‑opted
or allowed to any other person, firm or other legal entity without the express
written consent of the Trustee, and such consent may be conditioned upon such
terms and conditions as the Trustee may require.
9. ENTIRE AGREEMENT -- This Agreement, together with any
rules or procedures adopted by the Trustee shall constitute the entire
Agreement between the parties, and User hereby expressly acknowledges that it
is not relying upon any other representations or agreements not expressed in
writing as a part of this Agreement. This Agreement may not be amended or
modified, except in writing, and signed by all parties.
10. DISCLAIMERS AND LIMITATIONS OF LIABILITY:
A. NO WARRANTIES -- The Trustee hereby expressly disclaims any express or
implied warranties of the software program, computer equipment or computer, and
User hereby expressly assumes all risk related to the use and access provided
under this Agreement.
B. NO REPRESENTATIONS CONCERNING ACCURACY OR
COMPLETENESS OF RECORDS -- The Trustee hereby expressly disclaims any representation or assurance
concerning the accuracy, completeness or substantive nature of any data to
which access is being provided and User hereby acknowledges this disclaimer and
waives any claim or reliance upon such representations or assurances.
C. NO LIABILITY FOR ERRORS OR FAILURES -- The Trustee shall not be liable in
any manner under this Agreement for any error, inaccuracy or incomplete
information contained in the records for which access is provided, and User
hereby expressly releases the Trustee from any claim, demand or suit arising
from or as a result of any such error, inaccuracy or incomplete information.
Further, the Trustee shall not be liable in any manner under
this Agreement for any failure, malfunction or other delay, inconvenience, or
inability of the computer system, software or equipment, and User hereby
expressly releases the Trustee from any claim, demand, or suit arising from or
as a result of any such failure, malfunction, delay, inconvenience or inability
of the system software or equipment.
D. NO WARRANTY AS TO CURRENT DATA OR INFORMATION -- The data and information available in
the Trustee’s records is as current as possible, depending on work flow, work
needs, holidays, weekends, restraints on the Trustee, and any elements or
factors outside the control of the Trustee.
Payoff balances are only approximated due to the
aforementioned conditions, recent receipts or disbursements, claim changes,
court orders or accruing interest. Exact pay off amounts should be obtained
through the Trustee’s Office by specific written request.