As used herein and throughout this Agreement:
Each party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary technical and business information and materials of the other party. Each party, its agents and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the Proposal except as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party or is otherwise properly received from a third party without an obligation of confidentiality.
Stagerie LLC PROVIDES SERVICES AND DELIVERABLES TO CLIENT ON AN "AS-IS" AND "AS AVAILABLE" BASIS. STAGERIE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE CONTENT OR ANY OTHER INFORMATION, MATERIALS, SERVICES OR PRODUCTS SUPPLIED TO CLIENT TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, STAGERIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE INFORMATION, MATERIALS, SERVICES OR PRODUCTS SUPPLIED TO CLIENT IN CONNECTION WITH THIS AGREEMENT.
Stagerie operates this Site from its company headquarters in Waukee, Iowa and the formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United States and the state of Iowa without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction . Client agrees to submit to the jurisdiction of the courts located in the state of Iowa for the resolution of all disputes arising from or related to the Agreement. Stagerie does not in any way imply that the Deliverables are available in all jurisdictions where Stagerie LLC operates or in a jurisdiction where Stagerie LLC is not licensed to do business or that Stagerie LLC is soliciting business in any such jurisdiction. In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. Client acknowledges that Stagerie LLC will have no adequate remedy at law in the event Client uses the deliverables in any way not permitted hereunder, and hereby agrees that Stagerie LLC shall be entitled to equitable relief by way of temporary and permanent injunction, and such other and further relief at law or equity as any arbitrator or court of competent jurisdiction may deem just and proper, in addition to any and all other remedies provided for herein.