Common use of Excluded Data Clause in Contracts

Excluded Data. You represent and warrant that Your Data does not and will not include, and You have not and shall not upload or transmit to the Software Product any data that is subject to heightened security requirements as a result of Your internal policies or practices or by law or regulation (examples include but are not limited to the Health Insurance Portability and Accountability Act (HIPAA), the Gramm–Xxxxx–Xxxxxx Act (GLBA), Family Educational Rights and Privacy Act (FERPA), etc. (the "Excluded Data Laws")(such data collectively, “Excluded Data”). YOU RECOGNIZE AND AGREE THAT: (a) FLUENTPRO HAS NO LIABILITY FOR ANY FAILURE TO PROVIDE PROTECTIONS SET FORTH IN THE EXCLUDED DATA LAWS OR OTHERWISE TO PROTECT EXCLUDED DATA; AND (b) SOFTWARE PRODUCT IS NOT INTENDED FOR MANAGEMENT OR PROTECTION OF EXCLUDED DATA AND MAY NOT PROVIDE ADEQUATE OR LEGALLY REQUIRED SECURITY FOR EXCLUDED DATA.