WEB SERVICES TERMS OF SERVICE
Revised and Effective: June 24, 2019
1. About the Web Services Terms of Service and GEOSPAN Web Services
Within these Web Services Terms of Service ("Terms") the term "GEOSPAN" or "we" (and related pronouns) will refer to GEOSPAN Corporation, Inc., and its respective subsidiaries and affiliates that own and operate websites and Internet services on its behalf. The term "you" (and related pronouns) refers to you as a user of GEOSPAN's websites and Internet services described below.
NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 19 THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO ALL OF THE GEOSPAN WEB SERVICES. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL BINDING ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
These Terms set forth the terms and conditions through which GEOSPAN will permit you to use these GEOSPAN-owned and operated websites and services:
GEOSPAN-branded websites and web services that link to these Terms, such as: GEOSPAN.com, GeoVista.com, and GeoAssistCommunity.com, excluding certain co-branded websites and web services provided by third parties through contractual arrangements with GEOSPAN, as further described below ( (the "GEOSPAN Sites");
Your use of any GEOSPAN branded software provided in connection with the GEOSPAN Web Services, including GEOSPAN Apps and any devices provided by GEOSPAN for use with those apps, are subject to the terms of the GEOSPAN Software License Agreement specific to that software or device.
What is outside the scope of these Terms?
Some of the GEOSPAN Web Services contain links to other websites, including websites of third parties who are acting on our behalf as our agents, suppliers, or providers. These other websites are not operated by GEOSPAN and have their own terms of service that you should read before you use them. Other sites that we link to may contain GEOSPAN branding or co-branding, but these non-GEOSPAN websites and resources are provided by parties other than GEOSPAN. Examples of these non-GEOSPAN websites include websites where you are required to log-in using a username and password other than your username and password for the GEOSPAN Web Services. These Terms do not apply to those non-GEOSPAN sites. You acknowledge and agree that GEOSPAN is not responsible for (i) the availability of any of these non-GEOSPAN websites or resources, and does not endorse any advertising, products or other materials on or available from these websites or resources, and (ii) for any loss or damage which may be incurred by you as a result of the availability of those websites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, these websites or resources.
2. Accepting the Terms
In order for you to use any of the GEOSPAN Web Services, you must first accept these Terms and the GEOSPAN Software License. You can accept these Terms and the GEOSPAN Software License by:
Using any of the GEOSPAN Web Services, in which case you understand and agree that these Terms and the GEOSPAN Software License will apply to your use of those services (or any parts of them) (the earlier of the dates you checked such box or first used the GEOSPAN Web Services, the "Effective Date").
You may wish to print or save a local copy of the Terms and the GEOSPAN Software License for your records.
In order to use certain GEOSPAN Web Services you may be required to provide information about yourself (such as identification or contact details). You agree that any registration information you give to GEOSPAN will be accurate, complete, and current. You will notify GEOSPAN immediately of any changes to any of the foregoing information. You are responsible for updating your email address, so that if you use any of the account management features of the GEOSPAN Web Services, GEOSPAN can send you notices relating to these features.
4. Prohibited Uses
You specifically agree not to:
- use the GEOSPAN Web Services to undertake or accomplish any unlawful purpose including, but not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
- post, store, send, transmit, or disseminate on the GEOSPAN Web Services any information or material which a reasonable person could deem to be unlawful;
- upload, post, publish, transmit, reproduce, create derivative works of, or distribute on the GEOSPAN Web Services in any way information, software or other material that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
- post on or distribute through the GEOSPAN Web Services unsolicited bulk or commercial messages commonly known as "spam;"
send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupt a blog, newsgroup, chat, or similar feature of the GEOSPAN Web Services;
- initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme through the GEOSPAN Web Services;
- participate in the collection of very large numbers of email addresses, screen names, or other identifiers of others (without their prior consent) from the GEOSPAN Web Services, a practice sometimes known as spidering or harvesting, or participate in the use of software (including "spyware") designed to facilitate this activity;
- collect responses from unsolicited bulk messages posted on or distributed through the GEOSPAN Web Services;
- impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for example, "phishing") on the GEOSPAN Web Services;
- restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the GEOSPAN Web Services (except for tools for safety and security functions), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others' ability to use, send, or retrieve information;
- register under the name of, or attempt to use the GEOSPAN Web Services under the name of, another person;
- allow another person to access the GEOSPAN Web Services using your credentials;
access (or attempt to access) the GEOSPAN Web Services through any automated means (including use of scripts or web crawlers), except through APIs or other interfaces specifically provided for this purpose, or violate the instructions set out in any robots.txt or similar file present within the GEOSPAN Web Services;
- engage in the systematic retrieval of data or other content from the GEOSPAN Web Services, except though APIs or other interfaces specifically provided for this purpose, to create or compile, directly or indirectly, a collection, compilation, database or directory, without GEOSPAN's prior written consent;
- capture, rip, download, or otherwise create a copy of any content that is shown on the GEOSPAN Web Services without obtaining any required permission of the content owner; or, actually circumvent any method used by GEOSPAN to control access to GEOSPAN Web Services, including, but not limited to, spoofing or otherwise impersonating an IP address for your computer that is not actually assigned to your computer or setting up a proxy or other device that allows others to access the GEOSPAN Web Services through it.
5. Your Passwords and Unauthorized Use of Your Account
You are responsible for maintaining the confidentiality of your GEOSPAN Web Services account and its password(s). In addition you are responsible for controlling access to any PCs, mobile devices, gateways, or other end points that you allow to store your password, or on which you enable a "Remember Me" or similar functionality ("Activated Device"). Accordingly, you agree that you will be solely responsible to GEOSPAN for all activities that occur under your GEOSPAN Web Services accounts, including the activities of any individual with whom you share your GEOSPAN Web Services account or an Activated Device, and will be responsible for any breach of these Terms caused by these activities. If you become aware of any unauthorized use of your password or of your account, you agree to notify GEOSPAN immediately. To protect your privacy, GEOSPAN recommends logging out of the GEOSPAN Web Services after each visit when you are using a public or shared PC, mobile device, or other end point.
6. Privacy and Your Personal Information
You understand and agree that GEOSPAN (and its providers) may collect and use technical and related information, including information about your computers and/or mobile devices, operating systems, peripherals (such as gateways and extenders), applications, connected devices, network traffic, location data, and data use to deliver the GEOSPAN Web Services and for other purposes including support and related services.
7. Content on the GEOSPAN Web Services
Certain GEOSPAN Web Services allow you to access content and information, such as collections of data, video, audio, or other multimedia, and photographs and other static images (the "Content"). This Content may be owned by GEOSPAN, other companies that give GEOSPAN the right to distribute their Content (like counties), or users of the GEOSPAN Web Services (like you). GEOSPAN grants you a limited, non-exclusive, non-assignable license to view the Content and to use the GEOSPAN Web Services for your business needs and, non-commercial purposes as set forth in these Terms or in a manner that does not require a license. Except for activities that do not require a license, unless the Content was legally posted by you on the GEOSPAN Web Services, you may not distribute copies of the Content in any form (including by email or other electronic means), without prior written permission from its owner.
In addition, our Content providers want to remind you that you must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. The copying, downloading, stream capturing, reproduction, duplication, archiving, distribution, uploading, publication, modification, translation, broadcast, performance, display, sale, or transmission of the Content is strictly prohibited unless it is expressly permitted by GEOSPAN in writing or is an activity that does not require a license. You may not incorporate the Content into any hardware or software application. This prohibition applies even if you intend to give away the derivative materials free of your use the GEOSPAN Web Services at your own risk.
You understand that GEOSPAN has the right to change the GEOSPAN Web Services at any time with or without notice to you. We also may rearrange, delete, add to, or otherwise change Content or other features or functionality contained within the GEOSPAN Web Services. If we do give you notice of these changes, it may be provided on any of the GEOSPAN Web Sites, or via email, newspaper, bill insert, or any other reasonable means of communication. If you find a change in the GEOSPAN Web Services unacceptable, you have the right to cancel your GEOSPAN Web Services account or to stop using the GEOSPAN Web Services. However, if you continue to use the GEOSPAN Web Services after the change, this will constitute your acceptance of the change.
8. User Submissions
Some of the material appearing on the GEOSPAN Web Services will be provided by users or third parties. Pursuant to Section 230 of the federal Communications Decency Act, providers of interactive computer services are not considered or treated as publishers or speakers of information that is provided by other information content providers. Unless stated under separate license agreement, GEOSPAN does not claim ownership of any material that users submit or post on the GEOSPAN Web Services. You agree that you are solely responsible for (and that GEOSPAN has no responsibility to you or to any third party for) any material that you create, transmit, or display while using the GEOSPAN Web Services, and for the consequences of your actions (including any loss or damage which GEOSPAN may suffer) by doing so. Further, you agree that, with respect to any communication you submit to us for posting on the GEOSPAN Web Services, you will not: (i) include any content that violates a third party's copyright or other proprietary or privacy rights; (ii) publish falsehoods or misrepresentations portrayed as fact; (iii) include any advertising or solicitations; or (iv) submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise clearly inappropriate.
If you post any content to the GEOSPAN Web Services, you hereby grant GEOSPAN and its licensees a worldwide, perpetual, royalty-free, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute the content, on or in connection with the GEOSPAN Web Services or the promotion of the GEOSPAN Web Services, and incorporate it in other works, in whole or in part, in any manner. You represent and warrant that you own the content or otherwise have sufficient rights in it to grant to GEOSPAN the license set forth in this section without infringing or violating the rights of any third party.
The GEOSPAN Web Services may also contain links to community forums, bulletin boards, chat rooms, and blogs about the various GEOSPAN Web Services. Children under the age of 13 should not post in any of the forums, boards, chat rooms, blogs, or other editorial sections of the GEOSPAN Web Services. Participants in these forums, bulletin boards, chat rooms, and blogs are solely responsible for all content that they post there. GEOSPAN retains the right, but not the obligation, to correct any errors or omissions in any of this content, as it may determine in its sole discretion. GEOSPAN further reserves the right to delete or remove any content from the forums or blogs without prior notice or liability. You agree that your participation in these forums, bulletin boards, chat rooms, and blogs will at all times conform to the posted comment policy for that forum, bulletin board, chat room, or blog.
GEOSPAN reserves the right, but does not assume any obligation, to review any user submission prior to its display on the GEOSPAN Web Services using automated tools or manual processes. GEOSPAN may refuse to display or remove any user submission from the GEOSPAN Web Services for any reason in our sole discretion. However, we will typically only do so when we become aware that the material in question is harmful, clearly illegal, or likely to be considered highly offensive or objectionable to a large segment of our users.
GEOSPAN will receive any feedback you provide under the terms at http://geospan.com/terms/feedback/.
10. Proprietary Rights
You acknowledge and agree that GEOSPAN (or GEOSPAN's licensors) owns all legal right, title, and interest in and to the GEOSPAN Web Services, including any intellectual property rights which subsist in the GEOSPAN Web Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Nothing in the Terms gives you a right to use any of GEOSPAN's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. If you have been given an explicit right to use any of these brand features in a separate written agreement with GEOSPAN, then you agree that your use of these features shall comply with that agreement, any applicable provisions of the Terms, and GEOSPAN's brand feature use guidelines as updated from time to time.
Nothing in the terms gives you a right to use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of these marks, names or logos.
11. Linking to the GEOSPAN Sites
GEOSPAN welcomes links to any of the GEOSPAN Sites. You are free to establish a hypertext link to these websites so long as the link does not state or imply any affiliation, connection, endorsement, sponsorship, or approval of your site by GEOSPAN.
12. Term; Provisions That Remain in Effect after Termination
The Terms apply to all users of the GEOSPAN Web Services, and will be in effect from the Effective Date until terminated by either GEOSPAN or you as set forth below.
Sections 8 through 10, 12 through 15, 19, and 20 of these Terms will survive termination, and shall continue to apply indefinitely.
If you use any of the GEOSPAN Web Services (or parts of those services) that are accessible without registration, you can simply discontinue use of those services at any time. Doing so will terminate the applicability of these Terms to you with respect to those services. If you breach any provision of these Terms or other applicable policies, or for any other reason, GEOSPAN reserves the right to restrict, suspend, or terminate your use of any or all of the GEOSPAN Web Services and terminate the Terms. We may take these actions with or without notice to you. Because unregistered users are generally unknown to us, in most cases we will be unable to give notice of these actions.
If you use any of the GEOSPAN Web Services (or parts of those services) as a registered user, you may delete your registered user account at any time. Doing so will terminate these Terms with respect to that GEOSPAN Web Service. If you breach any provision of these Terms or other applicable policies, or for any other reason, GEOSPAN reserves the right to restrict, suspend, or terminate your registered user account for any or all of the GEOSPAN Web Services and terminate the Terms. We may take these actions with or without notice to you. Because registered users are known to us, however, we will generally use reasonable efforts to give notice of these actions.
13. EXCLUSION OF WARRANTIES
BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE GEOSPAN WEB SERVICES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THIS INFORMATION. IF YOU RELY ON THE GEOSPAN WEB SERVICES OR ANY MATERIAL AVAILABLE THROUGH THEM, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE GEOSPAN WEB SERVICES ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." GEOSPAN AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE GEOSPAN WEB SERVICES. GEOSPAN AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THAT THE GEOSPAN WEB SERVICES WILL CONTINUOUSLY BE AVAILABLE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, THESE EXCLUSIONS AND LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
A. FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, “GEOSPAN” REFERS TO NOT ONLY GEOSPAN CORPORATION, INC BUT ALSO ITS PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS.
B. YOU WAIVE THE RIGHT TO ASSERT A CLAIM AGAINST GEOSPAN MORE THAN TWELVE (12) MONTHS AFTER THE FIRST EVENT OR FACT THAT GIVES RISE TO THE CLAIM.
C. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IN NO EVENT SHALL GEOSPAN BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING OR RESULTING FROM ANY INTERRUPTION IN OR DISRUPTION TO THE GEOSPAN WEB SERVICES. IN NO EVENT SHALL GEOSPAN BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER GEOSPAN WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GEOSPAN’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE GREATER OF: (1) $2,500; OR (2) TWO (2) TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE BY YOU TO GEOSPAN PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF LIABILITY IN THIS PARAGRAPH SHALL NOT APPLY TO INJURIES: (1) TO THE BODY OR PERSON; OR (2) CAUSED BY GEOSPAN’S WILLFUL, MALICIOUS, RECKLESS, OR GROSSLY NEGLIGENT ACTS OR OMISSIONS.
D. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. BECAUSE THE LAW REGARDING LIMITATIONS OF LIABILITY VARIES BY STATE, THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. NOTICE TO NEW JERSEY CONSUMERS: THESE LIMITATIONS OF LIABILITY APPLY IN NEW JERSEY.
You agree to indemnify, defend, and hold harmless GEOSPAN (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of the Terms by you or any individual with whom you share your GEOSPAN Web Services account or an Activated Device. Notwithstanding the foregoing, GEOSPAN will not seek indemnification from you from any losses, expenses, claims, damages and costs, including reasonable attorneys’ fees, resulting from its own conduct. GEOSPAN reserves the right, at its election, to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with GEOSPAN in connection with our defense.
16. Copyright Infringement
GEOSPAN is committed to complying with U.S. copyright and related laws, and requires all users of the GEOSPAN Web Services to comply with these laws. Accordingly, you may not use the GEOSPAN Web Services to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law.
If you are the owner of a copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on the GEOSPAN Web Services, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the "DMCA") by sending GEOSPAN's authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon GEOSPAN's receipt of a satisfactory notice of claimed infringement, GEOSPAN will respond expeditiously either directly or indirectly (i) to remove the allegedly infringing work(s) from the GEOSPAN Web Services or (ii) to disable access to the work(s). In accordance with the DMCA, it is GEOSPAN's policy to reserve the right to terminate access to the GEOSPAN Web Services (or any part of those services) for any user who is either found to infringe third-party copyright or other intellectual property rights, including repeat infringers, or who GEOSPAN, in its sole discretion, believes is infringing these rights. GEOSPAN may terminate access to the GEOSPAN Web Services at any time with or without notice for any affected customer or user. If the affected user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to GEOSPAN. Upon GEOSPAN's receipt of a counter notification that satisfies the requirements of DMCA, GEOSPAN will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that GEOSPAN will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
Copyright owners may send GEOSPAN a notification of claimed infringement to report alleged infringements of their works to:
GEOSPAN Corporation, Inc.
Attn: General Counsel/GEOSPAN Web Services DMCA Notice
6901 East Fish Lake Road
Minneapolis, Minnesota 55369
Any notification of claimed infringement must be in a form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to GEOSPAN, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
If a notification of claimed infringement has been filed against you, you can file a counter notification with GEOSPAN's designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
17. Changes to the Terms
GEOSPAN reserves the right to change these Terms. When we do change them, we will make a copy of the updated Terms available to you by posting it at http://geospan.com/termsofservice/, or through other methods. If we make material changes to these Terms, we will also notify you in your My Account tools, by email, direct mail, or other reasonable methods that we select.
You understand and agree that if you use any of the GEOSPAN Web Services after the effective date of the updated Terms, GEOSPAN will consider your use as acceptance of the updated Terms.
GEOSPAN®, the GEOSPAN design logo, GeoAssist™, and GeoAssistCommunity.com are all trademarks or service marks of GEOSPAN Corporation, Inc. or its subsidiaries. All other trademarks and service marks appearing on the GEOSPAN Web Services are the properties of their respective owners.
19. General Legal Terms
The Terms constitute the whole legal agreement between you and GEOSPAN and govern your use of the GEOSPAN Web Services, and completely replace any prior agreements between you and GEOSPAN in relation to the GEOSPAN Web Services.
WHETHER IN COURT OR IN ARBITRATION, YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY.
Upon termination of these Terms for any reason, GEOSPAN and its suppliers reserve the right to delete all your data, files, electronic messages, or other information that is stored on GEOSPAN's or its suppliers' servers or systems. GEOSPAN shall have no responsibility whatsoever for the loss of any such data.
You agree that GEOSPAN may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the GEOSPAN Web Services.
You agree that if GEOSPAN does not exercise or enforce any contractual or legal right or remedy to which it is entitled, this will not be taken to be a formal waiver of GEOSPAN's rights and that those rights or remedies will still be available to GEOSPAN.
You acknowledge and agree that each member of the group of companies of which GEOSPAN Corporation is the parent shall be third-party beneficiaries to the Terms and that these other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or entity shall be third-party beneficiaries to the Terms.
The Terms, and your relationship with GEOSPAN under the Terms, shall be governed by the laws of the State of Minnesota, without regard to its conflict of laws provisions. By using the GEOSPAN Web Services, you consent to the exclusive jurisdiction of the state and federal courts in Hennepin County, Minnesota, in all disputes arising out of or relating to the Terms or GEOSPAN Web Services that are not subject to the Arbitration Provision above.
Revised and Effective: June 24, 2019