Effective Date: May 29, 2020
This Amendment to Almost Fun's Terms of Services applies only to users of the Services that are accessing or using or wish to access or use the Services in their capacity as government or public entities. If you are a government or public entity, then this Amendment applies to you. If not, then only Almost Fun's Terms of Service apply to you.
This Amendment is an agreement between Almost Fun, Inc. ("Almost Fun") and U.S. Government users of the Services provided by Almost Fun. “Services” means the products and services that are provided by Almost Fun to Customer.
You, as a United States Government entity, are required, when entering into agreements with other parties, to follow applicable federal or state laws and regulations.
Almost Fun and You (together, the "Parties") agree that modifications to Almost Fun's standard Terms of Service, available at https://www.almostfun.org/terms (the "TOS") are appropriate to accommodate Your legal status, Your public (in contrast to private) mission, and other special circumstances. Accordingly, the TOS are hereby modified by this Amendment as they pertain to your use of the Services.
All indemnification and damages provisions of the TOS are hereby waived. Liability of Agency for any breach of the TOS or this Amendment, or any claim arising from the TOS or this Amendment, shall be determined under the Federal Tort Claims Act, or other governing authority. Liability of Almost Fun for any breach of the TOS or this Amendment, or any claim arising from the TOS or this Amendment, shall be determined by applicable federal or state law.
The dispute resolution provision in the TOS is hereby deleted. The TOS and this Amendment shall be governed, interpreted and enforced in accordance with applicable federal laws of the United States of America, and exclusive jurisdiction shall be in the appropriate U.S. federal courts. To the extent permitted by federal law, the laws of the State of New York will apply in the absence of federal law.