Page:United States Statutes at Large Volume 112 Part 3.djvu/560

 112 STAT. 2390 PUBLIC LAW 105-271—OCT. 19, 1998 was made with knowledge that the year 2000 statement was false or made with reckless disregard as to its truth or falsity. (d) YEAR 2000 INTERNET WEBSITE.— (1) IN GENERAL.— Except as provided in paragraph (2), in any covered action other tnan a covered action involving personal injury or serious physical damage to property, in which the adequacy of notice about year 2000 processing is at issue, the posting, in a commercially reasonable manner and for a commercially reasonable duration, of a notice by the entity charged with giving such notice on the year 2000 Internet website of that entity shall be deemed an adequate mechanism for providing that notice. (2) EXCEPTION.— Paragraph (1) shall not apply if the court finds that the use of the mechanism of notice— (A) is contrary to express prior representations regarding the mechanism of notice made by the party giving notice; (B) is materially inconsistent with the regular course of dealing between the parties; or (C) occurs where there have been no prior representations regarding the mechanism of notice, no regular course of dealing exists between the parties, and actual notice is clearly the most commercially reasonable means of providing notice. (3) CONSTRUCTION. —Nothing in this subsection shall— (A) alter or amend any Federal or State statute or regulation requiring that notice about year 2000 processing be provided using a different mechanism; (B) create a duty to provide notice about year 2000 processing; (C) preclude or suggest the use of any other medium for notice about year 2000 processing or require the use of an Internet website; or (D) mandate the content or timing of any notices about year 2000 processing. (e) LIMITATION ON EFFECT OF YEAR 2000 STATEMENTS.— (1) IN GENERAL.^—In any covered action, a year 2000 statement shall not be interpreted or construed as an amendment to or alteration of a contract or warranty, whether entered into by or approved for a public or private entity. (2) NOT APPLICABLE.— (A) IN GENERAL. —T h is subsection shall not apply— (i) to the extent the party whose year 2000 statement is alleged to have amended or altered a contract or warranty has otiierwise agreed in writing to so alter or amend the contract or warranty; (ii) to a year 2000 statement maae in conjunction with the formation of the contract or warranty; or (iii) if the contract or warranty specifically provides for its amendment or alteration through the making of a year 2000 statement. (B) RULE OF CONSTRUCTION.— Nothing in this subsection shall affect applicable Federal or State law in effect as of the date of enactment of this Act with respect to determining the extent to which a year 2000 statement affects a contract or warranty. (f) SPECIAL DATA GATHERING.—

�