reglab/housing_qa huggingface dataset:
AK Stat § 45.45.710 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 45. Trade Practices|Article 11. Distributorships.|Sec. 45.45.710. Disposition of merchandise remaining upon contract termination.

(a) If a dealer maintains a stock of merchandise supplied for the dealer's resale under a distributorship agreement and if the distributor or the dealer terminates the distributorship agreement, the distributor shall, unless the dealer chooses to keep the merchandise, pay the dealer for the merchandise that was purchased from the distributor and that is held by the dealer on the date of the termination an amount equal to (1) the fair market value for merchandise that is unused and for which the retailer has paid the distributor, plus 100 percent of the transportation charges paid by the dealer to return the merchandise to the distributor; in this paragraph, (A) “fair market value” means the amount the distributor would realize from the sale of the merchandise to another retailer using reasonable good faith efforts; (B) “unused” means unopened merchandise that is still in the original factory packaging or container; (2) 85 percent of the current net price, as listed in the current price list or catalog of the distributor, for repair parts, including superseded parts; and (3) five percent of the current net price of repair parts to cover the handling, packing, and transportation of the repair parts back to the distributor. (b) Upon payment of the amounts required by (a) of this section, the title to the merchandise passes to the distributor making the payment, and the distributor is entitled to the possession of the merchandise for which the payment was made. (c) In (a) of this section, if a repair part is not listed in a current price list or catalog of the distributor, the current net price is the higher of the fair market value or the latest price published by the distributor for the repair part if a dealer has actual proof of the purchase of the repair part from the distributor and if the repair part was purchased within 10 years before the termination.
AK Stat § 45.45.720 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 45. Trade Practices|Article 11. Distributorships.|Sec. 45.45.720. Time for payment.

A distributor shall make the payments to the dealer under AS 45.45.710 not later than three months after the date the agreement is terminated. When the payment is made, the distributor shall provide the dealer with a final detailed statement of account for the merchandise.
AK Stat § 45.45.730 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 45. Trade Practices|Article 11. Distributorships.|Sec. 45.45.730. Death or disability of dealer or holder of majority interest in dealer.

Unless the distributorship agreement is continued by the personal representative, an heir, a devisee, or another successor in interest of the individual, upon the death or disability of an individual who is a dealer or holds a majority interest in a dealer, a distributor who supplied merchandise to the dealer shall repurchase from the personal representative, heir, devisee, or other successor in interest the merchandise that was purchased from the distributor and that remains when the distributorship agreement is terminated under this section. To repurchase under this section, the distributor shall pay an amount equal to the amount identified under AS 45.45.710(a) and (c), and the repurchase is subject to AS 45.45.720. In this section, “devisee,” “heir,” and “personal representative” have the meanings given in AS 13.06.050.
AK Stat § 45.45.740 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 45. Trade Practices|Article 11. Distributorships.|Sec. 45.45.740. Required purchase, reimbursement, and supplies.

(a) In addition to any purchase of merchandise required by AS 45.45.710, if a distributor terminates a distributorship agreement or makes substantial changes in the competitive situation of the distributor's dealer with regard to distribution of the merchandise or services that are the subject of the distribution agreement, the distributor shall (1) purchase that portion of the dealer's business directly affected by the distributorship agreement or the change, including assets and machinery, at commercially reasonable business valuations; and (2) reimburse the dealer for the expenses that were necessarily incurred by the dealer (A) for that portion of the dealer's business covered by the distributorship agreement; and (B) during the 12 months before the termination or change. (b) In this section, “change” does not include making a price change that affects similarly situated dealers equally.
AK Stat § 45.45.750 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 45. Trade Practices|Article 11. Distributorships.|Sec. 45.45.750. Prohibited terms.

(a) A distributor may not require a dealer to agree to any of the following terms in a distributorship agreement, or in another agreement that is ancillary to a distributorship agreement, as a condition of an offer, grant, or renewal of a distributorship agreement or ancillary agreement: (1) a requirement that the dealer waive a trial by jury in court cases involving the distributor; (2) a requirement that disputes between the distributor and the dealer be submitted to arbitration or to any other binding alternate dispute resolution procedure, except authorization for the submission of a dispute to arbitration or to binding alternative dispute resolution if the distributor and dealer voluntarily agree to submit the dispute to arbitration or binding alternative dispute resolution when the dispute arises; (3) a requirement that the dealer pay the attorney fees of the distributor; (4) a requirement that prohibits a firearms dealer from selling firearms or related accessories, the sale of which is otherwise legal, but which the firearms distributor does not manufacture or distribute; or (5) a requirement that the agreement be subject to the laws of a state other than Alaska. (b) The provisions of (a) of this section do not apply to an agreement where a lease or sale of real property is the main purpose of the agreement.
AK Stat § 45.45.760 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 45. Trade Practices|Article 11. Distributorships.|Sec. 45.45.760. Civil action.

(a) A dealer may bring an action in court against a distributor if the distributor engages in activity prohibited under AS 45.45.700 - 45.45.790. (b) In an action brought under (a) of this section, the dealer may obtain one or more of the following types of relief that apply to the specific action of the dealer: (1) damages suffered by the dealer as a result of the activity; (2) an injunction enjoining the distributor from engaging in the activity; (3) a requirement that the distributor make a payment or a purchase required by AS 45.45.700 - 45.45.790; (4) any other relief determined by the court to be appropriate under the circumstances. (c) In this section, “activity prohibited under AS 45.45.700 - 45.45.790” means (1) coercion or attempted coercion under AS 45.45.700; (2) terminating a distributorship agreement without paying the dealer as required by AS 45.45.710; (3) failing to pay the dealer within the time established by AS 45.45.720; (4) failing to provide the statement of account as required by AS 45.45.720; (5) failing to make a repurchase payment required by AS 45.45.730; (6) failing to make a purchase as required by AS 45.45.740(a)(1); (7) failing to make the reimbursement required by AS 45.45.740(a)(2); or (8) violating AS 45.45.750.
AK Stat § 45.45.770 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 45. Trade Practices|Article 11. Distributorships.|Sec. 45.45.770. Exemptions.

(a) AS 45.45.700 - 45.45.790 do not apply to (1) a distributorship agreement that would be considered a franchise regulated by 15 U.S.C. 2801 - 2841 (Petroleum Marketing Practices Act); (2) a situation regulated by AS 45.50.800 - 45.50.850; (3) a distributorship agreement, including a franchise agreement, for the sale, repair, or servicing of motor vehicles that are required to be registered under AS 28.10; (4) an activity or agreement by a person licensed under AS 04 if the activity or agreement is within the scope of the license or is incidental to the activity or agreement that is within the scope of the license; (5) a distributorship agreement or another contract between a person licensed under AS 04 and a distributor, manufacturer, importer, supplier, or wholesaler of alcoholic beverages who is not located in this state if the subject of the agreement or contract is the distribution of alcoholic beverages to the licensed person by the distributor, manufacturer, importer, supplier, or wholesaler; (6) a distributor, manufacturer, importer, supplier, or wholesaler of alcoholic beverages; (7) a distributorship agreement for the sale or distribution of, or other transaction involving, cigarettes, food, drink, or a component of food or drink; in this paragraph, “cigarette” has the meaning given in AS 43.50.170; (8) a manufacturer with 50 or fewer employees; or (9) a marine product or motorized recreational product agreement under AS 45.27. (b) In (a) of this section, “alcoholic beverage” has the meaning given in AS 04.21.080.
AK Stat § 45.45.790 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 45. Trade Practices|Article 11. Distributorships.|Sec. 45.45.790. Definitions.

In AS 45.45.700 - 45.45.790, (1) “dealer” means a person who enters into a distributorship agreement and who, under the agreement, receives merchandise or services from a distributor; (2) “distributor” means a person who enters into a distributorship agreement and who, under the agreement, provides merchandise or services to a dealer; the term includes (A) a wholesaler; (B) a manufacturer; (C) a person that is a parent corporation or an affiliated corporation of a person identified in (A) or (B) of this paragraph; and (D) a field representative, an officer, an agent, or another direct or indirect representative of a person identified in (A), (B), or (C) of this paragraph; (3) “distributorship agreement” means an agreement, whether express, implied, oral, or written, between two or more persons (A) by which a person receives the right to (i) sell or lease merchandise or services at retail or wholesale; or (ii) use a trade name, trademark, service mark, logotype, advertising, or other commercial symbol; and (B) in which the parties to the agreement have a joint interest, whether equal or unequal, in the offering, selling, or leasing of the merchandise or services; (4) “merchandise” includes parts and accessories; (5) “terminate” includes failing to renew.
AK Stat § 45.45.792 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 45. Trade Practices|Article 12. Deceptive Acts or Practices Relating to Spyware.|Sec. 45.45.792. Prohibited conduct relating to spyware.

(a) It is unlawful for a person who is not the owner or authorized user of a computer to engage in deceptive acts or practices described in this subsection using spyware. Deceptive acts or practices under this subsection are (1) causing a pop-up advertisement to be shown on the computer screen of a user by means of a spyware program, knowing that the pop-up advertisement is (A) displayed in response to a user accessing a specific (i) mark; or (ii) Internet website address; and (B) purchased or acquired by a person other than (i) the mark owner; (ii) a licensee of the mark; (iii) an authorized agent of the owner of the mark; (iv) an authorized user of the mark; or (v) a person advertising the lawful sale, lease, or transfer of products bearing the mark through a secondary marketplace for the sale of goods or services; and (2) purchasing advertising that violates (1) of this subsection if the purchaser of the advertising (A) receives notice of the violation from the mark owner; and (B) fails to stop the violation. (b) It is not a violation of this section for a person to display a pop-up advertisement under (a)(1) of this section if the spyware program includes a function that (1) requests information about the user's state of residence before displaying a pop-up advertisement to the user, and the user indicates a residence outside this state; (2) implements a reasonably reliable automated system to determine the user's likely geographic location, according to current best practices in the field, and the system determines that it is unlikely that the user is located in this state; and (3) does not prompt, ask, or otherwise encourage a user to indicate a residence outside this state. (c) It is not a violation of (a)(2) of this section if a person purchases advertising that complies with the requirements of (b) of this section.
AK Stat § 45.45.794 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 45. Trade Practices|Article 12. Deceptive Acts or Practices Relating to Spyware.|Sec. 45.45.794. Removal of potentially harmful software.

Notwithstanding AS 45.45.792, a provider of computer software or an interactive computer service may, after notice to a customer, remove from or disable a program on the customer's computer that is used to (1) violate AS 45.45.792; or (2) collect information from the computer of the customer without the customer's knowledge.
AK Stat § 45.45.900 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 45. Trade Practices|Article 13. Miscellaneous Provisions.|Sec. 45.45.900. Indemnification agreements against public policy.

A provision, clause, covenant, or agreement contained in, collateral to, or affecting a construction contract that purports to indemnify the promisee against liability for damages for (1) death or bodily injury to persons, (2) injury to property, (3) design defects, or (4) other loss, damage or expense arising under (1), (2), or (3) of this section from the sole negligence or wilful misconduct of the promisee or the promisee's agents, servants, or independent contractors who are directly responsible to the promisee, is against public policy and is void and unenforceable; however, this provision does not affect the validity of an insurance contract, workers' compensation, or agreement issued by an insurer subject to the provisions of AS 21, or a provision, clause, covenant, or agreement of indemnification respecting the handling, containment, or cleanup of oil or hazardous substances as defined in AS 46.
AK Stat § 45.45.905 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 45. Trade Practices|Article 13. Miscellaneous Provisions.|Sec. 45.45.905. Transportation services contracts; indemnification agreements prohibited.

(a) A motor carrier and a shipping person may not, with regard to a transportation services contract, agree that (1) the motor carrier will indemnify, defend, or hold the shipping person harmless, or agree to a provision that has the effect of indemnifying, defending, or holding a shipping person harmless, from claims or liability for the negligence, intentional acts, or intentional omissions of the shipping person; or (2) the shipping person will indemnify, defend, or hold the motor carrier harmless, or agree to a provision that has the effect of indemnifying, defending, or holding a motor carrier harmless, from claims or liability for the negligence, intentional acts, or intentional omissions of the motor carrier. (b) An agreement that violates (a) of this section is against public policy and is void and unenforceable. (c) This section does not apply to the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or to another agreement that provides for the interchange, use, or possession of intermodal chassis, intermodal containers, or other intermodal equipment. (d) In this section, (1) “motor carrier” means a person who is engaged in the transportation of property for compensation by motor vehicle, and includes an agent, employee, servant, or independent contractor of the motor carrier if the agent, employee, servant, or independent contractor provides services in connection with the particular transportation services contract to which (a) of this section is being applied; (2) “motor vehicle” has the meaning given in AS 28.90.990, except that the motor vehicle must have a gross weight rating or gross combination weight rating that is greater than 10,000 pounds; (3) “shipping person” means a person who enters into a transportation services contract to use the services of a motor carrier, and includes an agent, employee, servant, or independent contractor of the shipping person if the agent, employee, servant, or independent contractor provides services in connection with the particular transportation services contract to which (a) of this section is being applied; (4) “transportation services” means (A) the transportation of property; (B) entry on property to load, unload, or transport property; or (C) providing a service, including the packing or storage of property, incidental to (A) or (B) of this paragraph.
AK Stat § 45.45.920 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 45. Trade Practices|Article 13. Miscellaneous Provisions.|Sec. 45.45.920. Free trial period.

(a) Notwithstanding a provision in AS 45.02 to the contrary, a seller may not offer, promote, advertise, or provide a consumer with goods or services for a free trial period unless the seller complies with all the conditions of this section. (b) When offering, promoting, or advertising consumer goods or services for a free trial period, a seller shall clearly and conspicuously disclose all material terms and conditions of the free trial period, including (1) all material restrictions, limitations, terms, and conditions of the free trial period, including any obligation by the consumer to purchase a minimum quantity of goods or services after the free trial period ends; (2) a description of all charges that will be imposed after the free trial period ends, including whether billing will include charges for shipping and handling and, if the offer, promotion, or advertising is made by telephone, the amount of the shipping and handling charges; (3) a description of the consumer's right to cancel; and (4) any other obligations the consumer assumes by accepting or using the goods or services during the free trial period. (c) Before providing goods or services to a consumer for a free trial period, a seller shall obtain express verifiable consent from the consumer to the free trial period. (d) A consumer who receives goods or services for a free trial period may (1) at any time during the free trial period, return the goods or cancel the services without further obligation to the seller; (2) within 30 days after the free trial period ends, return the goods or cancel the services for a full refund of the charges, if any, or a partial refund for the unused portion of the goods or services. (e) This section does not apply to a seller who provides goods or services to a consumer for free if the consumer does not assume any obligation by accepting the free goods or services. (f) This section does not apply to (1) a telephonic seller who is registered under AS 45.63 and who complies with AS 45.63; or (2) a prenotification negative option plan that is regulated by 16 C.F.R. Part 425 and that complies with 16 C.F.R. Part 425. (g) In this section, “seller” means a person who engages in the business of selling, contracting for the sale of, arranging for the sale of, or arranging for a free trial period for goods or services.
AK Stat § 45.45.930 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 45. Trade Practices|Article 13. Miscellaneous Provisions.|Sec. 45.45.930. Opt-out marketing plans.

(a) Notwithstanding a provision in AS 45.02 to the contrary, a seller may not use an opt-out marketing plan to sell goods or services unless the seller complies with all of the provisions of this section. (b) Before using an opt-out marketing plan, a seller shall obtain express verifiable consent from the buyer that confirms that the buyer agrees to the use of the plan. The seller shall provide the following information before obtaining the consent: (1) a description of the material terms and conditions of the plan, including a description of the goods or services that will be offered; (2) that the buyer's account will be charged unless the buyer takes an affirmative action to avoid the charge; (3) the date the charge will be submitted for payment; and (4) the specific steps the buyer must take to avoid the charge. (c) A seller who charges a buyer for goods or services under an opt-out marketing plan has the burden of proving that the buyer provided the express verifiable consent required by (b) of this section and was given the disclosures required by (b) of this section. (d) This section does not apply to a telephonic seller who is registered under AS 45.63 and who complies with AS 45.63. (e) In this section, (1) “opt-out marketing plan” (A) means an arrangement under which a seller provides, without the buyer's express verifiable consent, a notice to a buyer that identifies goods or services that the seller intends to provide to the buyer and to charge the buyer for, unless, by a specific date or within a specific time frame, the buyer notifies the seller not to provide the goods or services; (B) does not include a prenotification negative option plan that is regulated by and complies with 16 C.F.R. Part 425; (2) “seller” includes a person who engages in the business of selling, contracting for the sale of, or arranging for the sale of goods or services.
AK Stat § 45.48.010 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 48. Personal Information Protection Act|Article 1. Breach of Security Involving Personal Information.|Sec. 45.48.010. Disclosure of breach of security.

(a) If a covered person owns or licenses personal information in any form that includes personal information on a state resident, and a breach of the security of the information system that contains personal information occurs, the covered person shall, after discovering or being notified of the breach, disclose the breach to each state resident whose personal information was subject to the breach. (b) An information collector shall make the disclosure required by (a) of this section in the most expeditious time possible and without unreasonable delay, except as provided in AS 45.48.020 and as necessary to determine the scope of the breach and restore the reasonable integrity of the information system. (c) Notwithstanding (a) of this section, disclosure is not required if, after an appropriate investigation and after written notification to the attorney general of this state, the covered person determines that there is not a reasonable likelihood that harm to the consumers whose personal information has been acquired has resulted or will result from the breach. The determination shall be documented in writing, and the documentation shall be maintained for five years. The notification required by this subsection may not be considered a public record open to inspection by the public.
AK Stat § 45.48.020 (2021)
2021 Alaska Statutes|Title 45. Trade and Commerce|Chapter 48. Personal Information Protection Act|Article 1. Breach of Security Involving Personal Information.|Sec. 45.48.020. Allowable delay in notification.

An information collector may delay disclosing the breach under AS 45.48.010 if an appropriate law enforcement agency determines that disclosing the breach will interfere with a criminal investigation. However, the information collector shall disclose the breach to the state resident in the most expeditious time possible and without unreasonable delay after the law enforcement agency informs the information collector in writing that disclosure of the breach will no longer interfere with the investigation.