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4.8. SR 09-08-2015
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4.8. SR 09-08-2015
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Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not <br /> subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public <br /> Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. <br /> section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public <br /> Access and other rules promulgated by the Minnesota Supreme Court for access to Court <br /> Records provided via the BCA systems and tools under this Subscriber Amendment; (3) <br /> the use of and access to Court Records may be restricted by rules promulgated by the <br /> Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable <br /> restrictions must be followed in the appropriate circumstances. <br /> 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, <br /> division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set <br /> forth in applicable Policies & Notices, together with applicable sales, use or other taxes. <br /> Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant <br /> to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined <br /> in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice <br /> Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, <br /> if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not <br /> paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber <br /> Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber <br /> certifies that funds have been appropriated for the payment of charges under this Subscriber <br /> Amendment for the current fiscal year, if applicable. <br /> 14. MODIFICATION OF FEES. Court may modify the fees by amending the <br /> Policies & Notices as provided herein, and the modified fees shall be effective on the date <br /> specified in the Policies & Notices, which shall not be less than thirty days from the publication <br /> of the Policies & Notices. Subscriber shall have the option of accepting such changes or <br /> terminating this Subscriber Amendment as provided in section 1 hereof. <br /> 15. WARRANTY DISCLAIMERS. <br /> a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND <br /> EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA <br /> MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING <br /> BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR <br /> PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE <br /> IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER <br /> PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. <br /> b. ACCURACY AND COMPLETENESS OF INFORMATION. <br /> WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, <br /> COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE <br /> ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE <br /> COURT RECORDS. <br /> 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor <br /> and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the <br /> Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA <br /> 8 <br />
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