This Amendment applies if you are a state or local government or an agency or other unit of a state or local government located in the United States (a “Government Entity”) and applies to any Governmental Entity users and accountholders who use or access the Services. This Amendment amends Protocol Builder Terms of Service located at http://protocolbuilderpro.com/terms-of-service/ (the “TOS”) as it pertains to the Government Entity’s use of the Services. Capitalized terms that are not expressly defined in this Amendment have the meanings given to them in the TOS.
The TOS are amended as follows:
Indemnities. Any provision in the TOS under which the Government Entity indemnifies BRANY are waived. The liability of the Government Entity for any breach of the TOS or any claim arising from the TOS shall be determined under the relevant State Tort Claims Act, or other state governing authority. The liability of BRANY for any breach of the TOS, or any claim arising from the TOS, shall be determined by applicable state law.
Governing Law. If the law establishing or otherwise governing the Government Entity expressly requires the Government Entity to enter into contracts under a particular law and/or prohibits any choice of law provision imposing any law other than the law under which the Government Entity is authorized to act, then all “Governing Law” and “Jurisdiction” clauses in the TOS, and all other provisions related to dispute resolution are deleted. In lieu thereof, the Terms shall be governed, interpreted and enforced in accordance with the applicable laws of the Government Entity’s state and jurisdiction shall reside in the courts of such state. For the avoidance of doubt, in the absence of applicable law (and unless prohibited by law), the laws of the State of New York will apply. The Government Entity and BRANY may, by mutual consent, elect to use alternative dispute resolution methods.