Ready Rebound, LLC 12/19/2023 - Laserfiche WebLink

2505 N Oakland Avenue, Milwaukee, WI 53211 • 800.781.2320 • readyrebound.com Information“); provided, however, that “Confidential Information” does not include any information that: (a) is or becomes generally available to the public other than as a result of Receiving Party’s breach of this Section 8; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in Receiving Party’s possession prior to Disclosing Party’s disclosure hereunder; or (d) was or is independently developed by Receiving Party without using any Confidential Information. (e) is subject to disclosure under the Washington Public Records Act; (f) includes these Terms/this Agreement, Statements of Work, purchase orders or other documents stating what Client pays Ready Rebound (all which may be put on Client’s public website or otherwise disclosed with no notice to Ready Rebound) During the Term and for the twelve (12) months thereafter, the Receiving Party shall: (a) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (b) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under these Terms; and (c) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s Group who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under these Terms. If the Receiving Party is required by applicable law or legal process (other than the Washington Public Records Act) to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek, at Disclosing Party’s sole cost and expense, a protective order or other remedy. Section 9.1 of the Terms and Conditions shall be modified to "These Terms shall commence as of the date of the first Statement of Work and shall continue thereafter for a period of one (1) year unless sooner terminated pursuant to Section 9.2 or Section 9.3 (the “Initial Term”), and shall automatically renew for additional one (1) year terms (each a “Subsequent Term” and together with the Initial Term, the “Term”), unless either Party notifies the other at least ninety (90) days prior to the expiration." Section 10 of the Terms and Conditions is deleted. Section 11.1 of the Terms and Conditions shall be modified to "In no event shall either party be liable to the other party or to any third party for any loss of use, revenue, or profit, or for any consequential, incidental, indirect, exemplary, special, or punitive damages whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damage was foreseeable and whether or not service provider has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose." Section 11.2 of the Terms and Conditions shall be modified to "In no event shall either party’s aggregate liability arising out of or related to these terms, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed an amount equal to the aggregate amounts paid or payable to Service Provider pursuant to the applicable statement of work."