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f. Customer acknowledges that the Services will require the Users and third parties for whom the Services are being performed by Customer to share with Meritage certain information for the purposes of providing the Services. This information may include personal information (such as email address, and/or phone number) regarding the Users or such third parties which Meritage will use for the purposes of providing the Services. Customer is fully responsible for obtaining the consent of each User and any third party to the use of his/her information by Meritage for purposes of providing the Services. Such use will be subject to and governed by the terms of Meritage’s Privacy Policy, the current version of Meritage’s privacy policy is available here. Meritage reserves the right to revise the Privacy Policy at its sole discretion. By using the Services after the effective date of any such revision, Customer expressly agrees to be bound by the terms of the revised Privacy Policy. g. Customer will be fully responsible for Users’ compliance with this Agreement. Any breach of this Agreement by a User shall be deemed to be a breach by Customer. Customer will promptly advise Meritage in the event that any User or third party revokes such consent or ceases to be a User. Customer is solely responsible for determining whether the Services are sufficient for Customer’s purposes. 3. Set‐Up. a. Set‐Up Services. Subject to the terms of this Agreement Meritage will provide Customer with the Set‐Up services as described in the Order Form. Except to the extent provided in the Order Form, no such services will be provided. Customer Responsibilities and Certain Restrictions on Set‐Up. Customer is responsible for providing information in a timely manner and in an appropriate format to allow Meritage to provide the Set‐Up and for ensuring the Customer resource(s) assigned to provide support to Meritage in performing the Set‐Up, along with all Users, have adequate computer skills to perform their tasks. Set up support required beyond the specified Set‐Up shall be arranged upon the agreement of the parties and will incur an additional fee. Acceptance. The purpose of Set‐Up is to configure the Services for availability on the Go‐Live Date. During the Training, Customer will have the opportunity to evaluate the Set‐Up and note any configuration errors. Upon discovery of an error, Customer will notify Meritage of the necessary configuration changes and Meritage will modify Set‐Up to make the requested changes. Upon completion of Training and prior to the Go‐Live Date, Customer shall review and accept the Services by executing a form of acceptance provided by Meritage. Customer acknowledges and accepts that configuration of the Services is limited to the extent accommodated by the current capabilities and limitations of the Services. 4. Training. a. Training Services. Subject to the terms of this Agreement, Meritage will provide Customer with the Training services as described in the Order Form. Except to the extent provided in the Order Form, no such services will be provided. b. Delivery. All Training will be provided by Meritage using WebEx or an equivalent service agreed by the parties. Meritage will create a Training site for Customer and its Users to use for Training. In addition to WebEx training, the Training website will provide access to online documentation and training videos that may be accessed by Customer and its Users. Customer and its Users may access the Training web site on an unlimited basis through the Go‐Live Date. Customer acknowledges that the Training website may not be available at all times and that Meritage shall have no liability as a result of the unavailability of the Training website. c. Customer Responsibilities and Certain Restrictions. Customer is responsible for providing information in a timely manner and in an appropriate format to allow Meritage to provide the Training and for ensuring the Customer resource(s) assigned to provide support to Meritage in performing the Training, along with all Users, have adequate computer skills to perform their tasks. d. Verification of Set‐Up. Customer acknowledges that a primary purpose of the Training website is to verify functionality of the Services prior to the Go‐Live Date. Customer will have the opportunity to evaluate the Set‐Up and note any configuration errors. Upon discovery of an error, Customer will notify Meritage of the necessary configuration changes and Meritage will modify Set‐Up to make the requested changes to the Training website. 5. Fees And Payment. a. . Fees. On the Effective Date, Customer will pay Meritage the Set‐Up Fee as specified in the Order Form for Set‐Up. In addition, on the Start of Service Date and ending upon the termination of this Agreement, Customer will pay to Meritage the Subscription Fees as specified in Order Form, plus all applicable sales, use and other purchase related taxes (Customer shall be responsible for timely providing Meritage with a valid certificate of exemption from the requirement of paying sales, use or other purchase related taxes). Unpaid Fees are subject to a finance charge of one percent (1.0%) per month, or the maximum permitted by law, whichever is lower, plus all expenses of collection, including reasonable attorneys’ fees. In the case of any withholding requirements, Customer will pay any required withholding itself and will 134