The Agreement is amended as follows:
- Indemnity by User. Section 5 (Indemnity by User) of the Agreement and all other provisions whereby User indemnifies SurveyMonkey are waived. Liability of User for any breach of the Agreement or any claim arising from the Agreement shall be determined under the relevant State Tort Claims Act, or other state governing authority. Liability of SurveyMonkey for any breach of the Agreement, or any claim arising from the Agreement, shall be determined by applicable state law.
- Governing Law. Section 11.6 (General; governing law) of the Agreement and all other provisions related to dispute resolution are deleted. In lieu thereof, this Agreement shall be governed, interpreted and enforced in accordance with the applicable laws of User’s state and jurisdiction shall reside in the courts of such state. In the absence of applicable state law (unless prohibited by state law), the laws of the State of California will apply. User and SurveyMonkey may by mutual consent elect to use alternative dispute resolution methods.