NAC720.410. Filing of judgments against licensees; scope of liability of recognized certification authority.

     1. A licensee shall file with the Secretary of State a certified copy of each judgment entered against the licensee for damages resulting from any acts of the licensee within the scope of his or her activities as a certification authority.

     2. Except as otherwise provided in this chapter, a recognized certification authority is not liable for:

     (a) Any damages incurred by a person who relies on a certificate issued by the certification authority, or on any representation contained in the certificate which the certification authority is required to confirm, that exceed any recommended limit of reliance clearly specified in the certificate and in the last certification practice statement filed by the certification authority with the Secretary of State pursuant to this chapter before the reliance occurred.

     (b) Any loss caused by the failure of the certification authority to comply with any provision of this chapter regarding the issuance of a certificate, in excess of any recommended limit of reliance specified in the certificate.

     (c) Any loss caused by the reliance of a person on a false or forged digital signature of a subscriber identified in a certificate issued by the certification authority if the certification authority complied with all the material requirements of this chapter regarding the certificate. This subsection does not relieve a certification authority from liability for any failure to act in good faith or for the breach of any promise, warranty or certification provided pursuant to NAC 720.480 or 720.490.

     (d) Any punitive or exemplary damages resulting from the reliance of a person on a certificate issued by the certification authority.

     (e) Any damages for pain and suffering resulting from the reliance of a person on a certificate issued by the certification authority.

     3. A recognized certification authority may waive any of the provisions of subsection 2.

     4. A recognized certification authority may liquidate, limit, alter or exclude liability for any consequential or incidental damages resulting from the reliance of a person on a certificate issued by the certification authority by:

     (a) Agreement with the person who incurs the loss; or

     (b) Notification of the person who incurs the loss, before he or she relies on the certificate, of the liquidation, limitation, alteration or exclusion,

Ê if the liquidation, limitation, alteration or exclusion is not unconscionable.

     (Added to NAC by Sec’y of State by R155-98, eff. 12-2-99)