REMEDY
You acknowledge that your breach of any of the provisions of this End User Agreement may cause immediate and irreparable harm to InfoSnap for which InfoSnap may not have an adequate remedy in money or damages. InfoSnap will therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request and will be entitled to recover from you the costs incurred in seeking such an injunction. InfoSnap’s right to obtain injunctive relief will not limit its right to seek or obtain further remedies.
JURISDICTION
The Service, the End User Agreement, any suit, action or proceeding arising out of, or with respect to, any of the foregoing, or any judgment entered by any court in respect thereof, shall be governed by and construed in accordance with the laws of the State of Texas without regard to choice of law rules. Any suit, action or proceeding arising out of, or with respect to, the Service, the Information or the Terms and Conditions, or any judgment entered by any court in respect thereof, shall be brought exclusively in the courts of Travis County, Texas or in the United States District Court for the Western District of Texas. All parties hereby consent to personal jurisdiction in the State of Texas, acknowledge that venue is proper in the courts of Travis County, Texas or in the United States District Court for the Western District of Texas and waive any objections that may exist, now or in the future, with respect to any of the foregoing.
SEVERABILITY
In the event that any one or more of the provisions contained in the End User Agreement shall be declared invalid, void or unenforceable, the remaining provisions of the End User Agreement shall remain in full force and effect, and such invalid, void or unenforceable provision shall be interpreted as closely as possible to the manner in which it was written.
SURVIVAL
All provisions of this End User Agreement which expressly or by implication continue to govern the parties' rights and obligations after termination of use of the Service shall survive notwithstanding completion of any transaction or project in connection with which the Service is used or deletion of any Service to which you are given access.
CHANGES TO END USER AGREEMENT
InfoSnap will notify End Users of material changes to our End User Agreement. The changes will be made known before or at the time of implementation. Users will have a choice to accept these new changes and continue usage of the Service. This is true especially for cases where data will be used differently than outlined in the preceding End User Agreement.
MISCELLANEOUS
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the End User Agreement or to exercise any right under the End User Agreement will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
InfoSnap may assign its rights and obligations under this End User Agreement and upon such assignment InfoSnap may be relieved of any further obligation hereunder.
You represent to InfoSnap that you have the authority to use the Service according to this End User Agreement.
Our Address
If you have questions or comments about this End User Agreement, please contact us at customerservice@infosnap.com or at (512) 375-4500.
BY ACCEPTING THIS END USER AGREEMENT AND CONTINUING TO USE THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS END USER AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.