Click-Wrap and Exclusions Sample Clauses
The "Click-Wrap and Exclusions" clause defines how parties agree to terms through online acceptance mechanisms, such as clicking an "I agree" button, and specifies any exceptions to this method of agreement. In practice, this clause clarifies that users are legally bound by the contract when they affirmatively accept terms via a website or software interface, but may also list certain transactions or agreements that are not covered by click-wrap acceptance. Its core function is to ensure that electronic agreements are enforceable while clearly outlining any situations where this method of consent does not apply, thereby reducing ambiguity and potential disputes over contract formation.
Click-Wrap and Exclusions. If Schedule 7 is blank or not attached, the Contractor grants such licenses and user permissions as the District may accept by Click-Wrap, whether with the Contractor or provided through a Subcontractor. Notwithstanding any such Click-Wrap terms and conditions, and notwithstanding the provisions in the Agreement or Vendor Agreement, the District DOES NOT agree to any of the following:
12.2.1 Jurisdiction, venue and governing law other than Colorado.
12.2.2 Indemnification by the District of any person.
12.2.3 Binding arbitration or any other binding extra-judicial dispute resolution process.
Click-Wrap and Exclusions. If Schedule 7 is blank or not attached, the Contractor grants such licenses and user permissions as the District may accept by Click-Wrap, whether with the Contractor or provided through a Subcontractor. Notwithstanding any such Click-Wrap terms and conditions, and notwithstanding the provisions in the Agreement or Vendor Agreement, to the extent required by law the District DOES NOT agree to any of the following:
12.2.1. Jurisdiction, venue and governing law other than Colorado.
12.2.2. Indemnification by the District of any person.
12.2.3. Binding arbitration or any other binding extra-judicial dispute resolution process.
12.2.4. Limitation of Contractor’s liability for bodily injury, death or damage to tangible property.
12.2.5. Ownership or use of District Data other than as described in this Addendum.
12.2.6. Confidentiality provisions in conflict with the District’s obligations under the Colorado Open Records Act and other applicable open records laws.
12.2.7. Fees, penalties, and payment obligations other than as agreed to in the Agreement.