Last updated: 14 April 2022
This Amendment applies if you are a state or local government or an agency or other unit of a federal, state, or local government located in the United States or a federally recognized Indian tribe (a “Government Entity”) and applies to any Governmental Entity users and accountholders who use or access the Services through your subscription to CITI Program. This Amendment amends CITI Program’s general Terms of Service (the “TOS”) as it pertains to the Government Entity’s use of the Services. Capitalized terms that are not expressly defined in this Amendment have the meanings given to them in the TOS.
The Terms (as defined in the TOS) are amended as follows:
Any provision in the Terms under which the Government Entity indemnifies CITI Program is waived. The liability of the Government Entity for any breach of the Terms or any claim arising from the Terms shall be determined under the relevant State Tort Claims Act, or other federal or state governing authority. The liability of CITI Program for any breach of the Terms, or any claim arising from the Terms, shall be determined by applicable state law.
If the law establishing or otherwise governing the Government Entity expressly requires the Government Entity to enter into contracts under a particular law and/or prohibits any choice of law provision imposing any law other than the law under which the Government Entity is authorized to act, then all “Governing Law” and “Jurisdiction” clauses in the TOS, and all other provisions related to dispute resolution are deleted. In lieu thereof, the Terms shall be governed, interpreted, and enforced in accordance with the applicable laws of the Government Entity’s state, and jurisdiction shall reside in the courts of such state. For the avoidance of doubt, in the absence of applicable law (and unless prohibited by law), the laws of the State of New York will apply. The Government Entity and CITI Program may, by mutual consent, elect to use alternative dispute resolution methods.