d. Monitoring individual users to ensure that individual use conforms with a
valid agency purpose and is in accordance with AOSC15-18.
e. Notifying Clerk immediately upon discovery of a password or other security
breach, including the discovery that any assigned password is known by
an unauthorized person (whether used or not), so that the existing login ID
may be deactivated and replacement login information issued.
8. Limitations of Liability
a. Registered User releases Clerk and Clerk’s employees and agents from
any liability and any damages resulting from or related to (a) interrupted
service of any kind; (b) Registered User’s equipment; (c) use of, or viewing
of, electronic court records.
b. Nothing in this Agreement may be construed as waiving the sovereign
immunity of Clerk or Clerk’s employees and agents or of the Registered
User’s sovereign immunity, if applicable, or modifying the recovery limits
against the Clerk or Registered User as set forth in section 768.28(5),
Florida Statutes.
9. This Agreement, regardless of where actually accepted or delivered, is
deemed to have been accepted and delivered by the parties in the State of
Florida and any dispute arising from it will be governed by Florida law. Any suit
for any claim, breach, or dispute arising out of this Agreement will be
maintained in Volusia County, Florida.
10. Any notice or communication given or sent pursuant to this Agreement may
be delivered in person, by mail, or by email to the address provided on the
Party Request Form.
11. Termination
a. If Registered User breaches the provisions in this Agreement, Clerk has
the right to terminate this Agreement immediately and pursue any other
remedy available at law or in equity.
b. This Agreement will be terminated immediately if funding is withdrawn for
any reason. Registered User acknowledges that Clerk has no control over
appropriations that may be provided by any governmental entity for the
continuation of the services under this Agreement.
12. If any part of this Agreement is found to be invalid, then it will have no
effect, but the remaining provisions will continue in full force and effect.
Agency Registration Agreement
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CL-0602-1602