Terms and Conditions

PLEASE READ THIS CAREFULLY BECAUSE IT SETS OUT THE TERMS OF A

LEGABLLY BINDING AGREEMENT BETWEEN YOU (THE “CLIENT”, “YOU”, OR

“YOUR”) AND MOBIESAFE.COM (THE “COMPANY”, “WE” OR “US”), THE OWNER AND OPERATOR OF MOBIESAFE.COM, WHOSE OFFICE IS LOCATED AT 47 SACHEM ROAD, LAKE HOPATCONG, NJ. THIS PAGES SETS OUT THE TERMS & CONDITIONS (THE “TERMS”) ONE

WHICH YOU MAY USE THS MOBIESAFE.COM WEBSITE AND THE CONTENT/SERVICES AVAILABLE THROUGH IT (COLLECTIVELY, THE “SERVICES”).

ACCEPTANCE OF TERMS OF SERVICE. BY USING THE SERVICES, IRRESPECTIVE OF

THE DELIVERY PLATFORM YOU USE TO ACCESS THEM, YOU ACKNOWLEDGE

AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE WITH ANY OF

THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE THE

SERVICES.

CHANGES TO TERMS OF SERVICE

RIGHT TO CHANGE TERMS. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE

DISCRETION, TO CHANGE THESE TERMS (“UPDATED TERMS”) FROM TIME TO

TIME.

NOTICE OF UPDATED TERMS. YOU AGREE THAT THE COMPANY MAY NOTIFY

YOU OF THE UPDATED TERMS BY POSTING THEM ON THIS PAGE.

ACCEPTANCE OF UPDATED TERMS. YOUR USE OF THE SERVICES AFTER THE

EFFECTIVE DATE OF THE UPDATED TERMS CONSTITUTES YOUR ACCEPTANCE OF

THE UPDATED TERMS. EFFECTIVE DATE OF UPDATED TERMS. THE UPDATED

TERMS WILL BE EFFECTIVE AS OF THE TIME OF POSTING, OR SUCH LATER DATE

AS MAY BE SPECIFIED IN THE UPDATED TERMS, AND WILL APPLY TO YOUR USE

OF THE SERVICES FROM THAT POINT FORWARD.

USE OF SERVICES

LICENSE. DURING THE TERM OF THIS AGREEMENT, THE COMPANY GRANTS YOU

A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE LICENSE TO ACCESS THE

SERVICES FOR YOUR PERSONAL AND NON-COMMERCIAL USE IN ACCORDANCE

WITH THESE TERMS.

INTELLECTUAL PROPERTY RIGHTS. THE DESIGN, TRADEMARKS, SERVICE

MARKS, AND LOGOS OF THE SERVICES (“MARKS”), ARE OWNED BY OR LICENSED

TO THE COMPANY, SUBJECT TO COPYRIGHT AND OTHER INTELLECTUAL

PROPERTY RIGHTS UNDER THE LAWS OF THE UNITED STATES, FOREIGN LAWS

AND INTERNATIONAL CONVENTIONS. THE COMPANY RESERVES ALL RIGHTS

NOT EXPRESSLY GRANTED IN AND TO THE SERVICES. YOU AGREE TO NOT

ENGAGE IN THE USE, COPYING, OR DISTRIBUTION OF ANY OF THE SERVICES

OTHER THAN EXPRESSLY PERMITTED.

USER CONDUCT

YOU MAY NOT ENGAGE IN ANY OF THE FOLLOWING PROHIBITED ACTIVITIES:

COPYING, DISTRIBUTING, OR DISCLOSING ANY PART OF THE SERVICES IN ANY

MEDIUM, INCLUDING WITHOUT LIMITATION BY ANY AUTOMATED OR NONAUTOMATED

“SCRAPING” USING ANY AUTOMATED SYSTEM, INCLUDING

WITHOUT LIMITATION “ROBOTS,” “SPIDERS,” “OFFLINE READERS,” AND OTHER

SUCH SYSTEMS, TO ACCESS THE SERVICES,

TRANSMITTING SPAM, CHAIN LETTERS, OR OTHER UNSOLICITED EMAIL,

ATTEMPTING TO INTERFERE WITH, COMPROMISE THE SYSTEM INTEGRITY OR

SECURITY, OR DECIPHER ANY TRANSMISSIONS TO OR FROM THE SERVERS

RUNNING THE SERVICES, ASKING ANY ACTION THAT IMPOSES, OR MAY IMPOSE

AT OUR SOLE DISCRETION AN UNREASONABLE OR DISPROPORTIONATELY

LARGE LOAD ON SERVICES’ INFRASTRUCTURE, UPLOADING INVALID DATA,

VIRUSES, WORMS, OR OTHER SOFTWARE AGENTS THROUGH THE SERVICES,

COLLECTING OR HARVESTING ANY PERSONALLY IDENTIFIABLE INFORMATION,

INCLUDING ACCOUNT NAMES, FROM THE SERVICES,

USING THE SERVICES FOR ANY COMMERCIAL SOLICITATION PURPOSES,

IMPERSONATING ANOTHER PERSON OR OTHERWISE MISREPRESENTING YOUR

AFFILIATION WITH A PERSON OR ENTITY, CONDUCTING FRAUD, HIDING OR

ATTEMPTING TO HIDE YOUR IDENTITY, INTERFERING WITH THE PROPER

WORKING OF THE SERVICES, ACCESSING ANY CONTENT ON THE SERVICES

THROUGH ANY TECHNOLOGY OR MEANS OTHER THAN THOSE PROVIDED OR

AUTHORIZED BY THE COMPANY, OR BYPASSING THE MEASURES WE MAY USE

TO PREVENT OR RESTRICT ACCESS TO THE SERVICES, INCLUDING WITHOUT

LIMITATION FEATURES THAT PREVENT OR RESTRICT USE OR COPYING OF ANY

CONTENT OR ENFORCE LIMITATIONS ON USE OF THE SERVICES.

YOUR ACCOUNT

ACCOUNT CREATION. YOU MUST COMPLETE THE REGISTRATION PROCESS BY

PROVIDING THE COMPANY WITH CURRENT, COMPLETE, AND ACCURATE

INFORMATION AS PROMPTED BY THE APPLICABLE REGISTRATION FORM.

RESPONSIBILITY FOR ACCOUNT. YOU ARE ENTIRELY RESPONSIBLE FOR

MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT.

FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL

ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO NOTIFY THE

COMPANY IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR

ANY OTHER BREACH OF SECURITY.

LIABILITY FOR ACCOUNT MISUSE. THE COMPANY WILL NOT BE LIABLE FOR ANY

LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR

PASSWORD OR ACCOUNT, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. YOU

COULD BE HELD LIABLE FOR LOSSES INCURRED BY THE COMPANY OR ANOTHER

PARTY DUE TO SOMEONE ELSE USING YOUR ACCOUNT OR PASSWORD.

USE OF OTHER ACCOUNTS. YOU MAY NOT USE ANYONE ELSE’S ACCOUNT AT

ANY TIME, WITHOUT THE PERMISSION OF THE ACCOUNT HOLDER.

ACCOUNT SECURITY. THE COMPANY CARES ABOUT THE INTEGRITY AND

SECURITY OF YOUR PERSONAL INFORMATION. HOWEVER, THE COMPANY

CANNOT GUARANTEE THAT UNAUTHORIZED THIRD PARTIES WILL NEVER BE

ABLE TO DEFEAT THE SERVICES’ SECURITY MEASURES OR USE ANY PERSONAL

INFORMATION YOU PROVIDE TO US FOR IMPROPER PURPOSES. YOU

ACKNOWLEDGE THAT YOU PROVIDE YOUR PERSONAL INFORMATION AT YOUR

OWN RISK.

USER CONTENT

CONTENT OWNERSHIP. YOU RETAIN ALL OWNERSHIP RIGHTS TO CONTENT THAT

YOU UPLOAD TO THE SERVICES. CONTENT LICENSE. BY SUBMITTING CONTENT

TO SITE, YOU GRANT THE COMPANY A WORLDWIDE, NON-EXCLUSIVE,

ROYALTY-FREE, SUB-LICENSABLE AND TRANSFERABLE LICENSE TO USE,

REPRODUCE, DISTRIBUTE, PREPARE DERIVATIVE WORKS OF, DISPLAY, AND

PERFORM THE CONTENT IN CONNECTION WITH THE SERVICES AND THE

COMPANY’S (AND ITS SUCCESSORS’ AND AFFILIATES’) BUSINESS, INCLUDING

WITHOUT LIMITATION FOR PROMOTING AND REDISTRIBUTING PART OR ALL OF

THE SERVICES (AND DERIVATIVE WORKS THEREOF) IN ANY MEDIA FORMATS

AND THROUGH ANY MEDIA CHANNELS. LINKS. THE SERVICES MAY FEATURE

LINKS TO THIRD-PARTY WEBSITES OR RESOURCES. YOU ACKNOWLEDGE AND

AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR: (I) THE

AVAILABILITY OR ACCURACY OF SUCH WEBSITES OR RESOURCES, OR (II) THE

CONTENT, PRODUCTS, OR SERVICES ON OR AVAILABLE FROM SUCH WEBSITES

OR RESOURCES. LINKS TO SUCH WEBSITES OR RESOURCES DO NOT IMPLY ANY

ENDORSEMENT BY THE COMPANY OF THOSE WEBSITES OR RESOURCES. YOU

ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING

FROM YOUR USE OF ANY SUCH WEBSITES OR RESOURCES.

THIRD PARTY CONTENT. THROUGH THE SITE, YOU WILL HAVE THE ABILITY TO

ACCESS AND/OR USE CONTENT PROVIDED BY THIRD PARTIES. THE COMPANY

CANNOT GUARANTEE THAT SUCH THIRD PARTY CONTENT WILL BE FREE OF

MATERIAL YOU MAY FIND OBJECTIONABLE OR OTHERWISE. THE COMPANY

DISCLAIMS ANY RESPONSIBILITY OR LIABILITY RELATED TO YOUR ACCESS OR

USE OF ANY THIRD PARTY CONTENT.

PRIVACY. FOR INFORMATION ABOUT HOW THE COMPANY COLLECTS, USES, AND

SHARES YOUR INFORMATION, PLEASE REVIEW OUR PRIVACY POLICY. YOU

AGREE THAT BY USING THE SITE YOU CONSENT TO THE COLLECTION, USE, AND

SHARING (AS SET FORTH IN THE PRIVACY POLICY) OF SUCH INFORMATION.

RIGHTS OF OTHERS. WE WILL RESPOND TO NOTICES OF ALLEGED COPYRIGHT

INFRINGEMENT THAT COMPLY WITH APPLICABLE LAW AND ARE PROPERLY

PROVIDED TO US. IF YOU BELIEVE THAT YOUR CONTENT HAS BEEN COPIED IN A

WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, PLEASE SUBMIT THE

FOLLOWING INFORMATION TO NEWS@MOBIESAFE.COM:

A PHYSICAL OR ELECTRONIC SIGNATURE OF THE COPYRIGHT OWNER OR A

PERSON AUTHORIZED TO ACT ON THEIR BEHALF, IDENTIFICATION OF THE

COPYRIGHTED WORK CLAIMED TO HAVE BEEN INFRINGED, IDENTIFICATION OF

THE MATERIAL THAT IS CLAIMED TO BE INFRINGING OR TO BE THE SUBJECT OF

INFRINGING ACTIVITY AND THAT IS TO BE REMOVE OR ACCESS TO WHICH IS

TO BE DISABLED, AND INFORMATION REASONABLY SUFFICIENT TO PERMIT US

TO LOCATE THE MATERIAL, YOUR CONTACT INFORMATION, INCLUDING YOUR

ADDRESS, TELEPHONE NUMBER, AND AN EMAIL ADDRESS, A STATEMENT BY

YOU THAT YOU HAVE A GOOD FAITH BELIEF THAT USE OF THE MATERIAL IN

THE MANNER COMPLAINED OF IS NOT AUTHORIZED BY THE COPYRIGHT OWNER,

ITS AGENT, OR THE LAW, AND A STATEMENT THAT THE INFORMATION IN THE

NOTIFICATION IS ACCURATE, AND, UNDER PENALTY OF PERJURY, THAT YOU

ARE AUTHORIZED TO ACT ON BEHALF OF THE COPYRIGHT OWNER.

PROMOTIONS. SOME PARTIES MAY PROMOTE COMPETITIONS, PROMOTIONS,

PRIZE DRAWS AND OTHER SIMILAR OPPORTUNITIES THROUGH THE SERVICES

(“THIRD PARTY COMPETITIONS”). THE COMPANY IS NOT THE SPONSOR OR

PROMOTER OF THESE THIRD PARTY COMPETITIONS AND DOES NOT BEAR ANY

RESPONSIBILITY OR LIABILITY FOR THE ACTIONS OR INACTIONS OF ANY THIRD

PARTIES WHO ORGANIZE, ADMINISTER OR ARE OTHERWISE INVOLVED IN ANY

OF PROMOTION OF THESE THIRD PARTY COMPETITIONS. IF YOU WISH TO

PARTICIPATE IN ANY OF THESE THIRD PARTY COMPETITIONS, YOU ARE

RESPONSIBLE FOR READING AND ENSURING THAT YOU UNDERSTAND THE

APPLICABLE RULES AND ANY ELIGIBILITY REQUIREMENTS AND ARE LAWFULLY

ABLE TO PARTICIPATE IN SUCH THIRD PARTY COMPETITIONS IN YOUR COUNTRY

OF RESIDENCE.

TERMINATION

TERMINATION UPON NOTICE. EITHER PARTY MAY TERMINATE THIS AGREEMENT

AT ANY TIME BY NOTIFYING THE OTHER PARTY.

TERMINATION BY THE COMPANY. THE COMPANY MAY TERMINATE OR SUSPEND

YOUR ACCESS TO OR ABILITY TO USE THE SERVICES IMMEDIATELY, WITHOUT

PRIOR NOTICE OR LIABILITY, FOR ANY REASON OR NO REASON, INCLUDING

BREACH OF THIS AGREEMENT. IN PARTICULAR, THE COMPANY MAY

IMMEDIATELY TERMINATE OR SUSPEND ACCOUNTS THAT HAVE BEEN FLAGGED

FOR REPEAT COPYRIGHT INFRINGEMENT.

EFFECT OF TERMINATION.UPON TERMINATION OF YOUR ACCESS TO OR ABILITY

TO USE THE SERVICES, YOUR RIGHT TO USE OR ACCESS THE SERVICES WILL

IMMEDIATELY CEASE.

SURVIVAL OF PROVISIONS. THE TERMS’ PROVISIONS THAT BY THEIR NATURE

SHOULD SURVIVE TERMINATION SHALL SURVIVE TERMINATION, INCLUDING,

WITHOUT LIMITATION, OWNERSHIP PROVISIONS, WARRANTY DISCLAIMERS,

AND LIMITATIONS OF LIABILITY. TERMINATION OF YOUR ACCESS TO AND USE

OF THE SERVICES SHALL NOT RELIEVE YOU OF ANY OBLIGATIONS ARISING OR

ACCRUING PRIOR TO TERMINATION OR LIMIT ANY LIABILITY THAT YOU

OTHERWISE MAY HAVE TO THE COMPANY OR ANY THIRD PARTY.

DISCLAIMERS. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY

WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER

APPLICABLE LAW, THE COMPANY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS

OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT,

ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF

CONTENT, OR AVAILABILITY.

LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY

APPLICABLE LAW IN NO EVENT SHALL THE COMPANY BE LIABLE FOR: ANY

DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER

DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS

OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT

(INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT

OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE

SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR

RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM

THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,

DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN

OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.

INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS

THE COMPANY, ITS SUBSIDIARIES AND AFFILIATED COMPANIES, AND THEIR

OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS FROM AND

AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, OBLIGATIONS,

LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING ATTORNEYS’

FEES AND COSTS) AND ALL AMOUNTS PAID IN SETTLEMENT ARISING FROM OR

RELATING TO USE OF THE SERVICES. THE COMPANY MAY ASSUME THE

EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU HAVE

AGREED TO INDEMNIFY THE COMPANY AND YOU AGREE TO ASSIST AND

COOPERATE WITH THE COMPANY IN THE DEFENSE OR SETTLEMENT OF ANY

SUCH MATTERS.

EARNINGS

EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND IT'S POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, THEIR IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A "GET RICH SCHEME."

ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS ARE NOT TYPICAL. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.

MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS "ANTICIPATE," "ESTIMATE," "EXPECT," "PROJECT," "INTEND," "PLAN," "BELIEVE," AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.

ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSES, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.

AS WITH ANY BUSINESS, YOUR RESULTS MAY VARY, AND WILL BE BASED ON YOUR BACKGROUND, DEDICATION, DESIRE AND MOTIVATION. WE MAKE NO GUARANTEES REGARDING THE LEVEL OF SUCCESS YOU MAY EXPERIENCE. ANY TESTIMONIALS AND EXAMPLES USED ARE EXCEPTIONAL RESULTS, WHICH DO NOT APPLY TO THE AVERAGE PURCHASER, AND ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANYONE WILL ACHIEVE THE SAME OR SIMILAR RESULTS. YOU MAY ALSO EXPERIENCE UNKNOWN OR UNFORESEEABLE RISKS WHICH CAN REDUCE RESULTS. WE ARE NOT RESPONSIBLE FOR YOUR ACTIONS.

ARBITRATION

CLAIM PROCEDURE. FOR ANY DISPUTE YOU HAVE WITH THE COMPANY, YOU

AGREE TO FIRST CONTACT THE COMPANY AND ATTEMPT TO RESOLVE THE

DISPUTE INFORMALLY. IF THE COMPANY HAS NOT BEEN ABLE TO RESOLVE THE

DISPUTE WITH YOU INFORMALLY, WE EACH AGREE TO RESOLVE ANY CLAIM,

DISPUTE, OR CONTROVERSY (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER

EQUITABLE RELIEF) ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO

THIS AGREEMENT BY BINDING ARBITRATION BY THE AMERICAN ARBITRATION

ASSOCIATION (“AAA”) UNDER THE COMMERCIAL ARBITRATION RULES AND

SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES THEN IN

EFFECT FOR THE AAA, EXCEPT AS PROVIDED HEREIN.

ARBITRATION LOCATION. UNLESS YOU AND THE COMPANY AGREE OTHERWISE,

THE ARBITRATION WILL BE CONDUCTED IN THE COUNTY WHERE YOU RESIDE.

ARBITRATION FEES. EACH PARTY WILL BE RESPONSIBLE FOR PAYING ANY AAA

FILING, ADMINISTRATIVE AND ARBITRATOR FEES IN ACCORDANCE WITH AAA

RULES, EXCEPT THAT THE COMPANY WILL PAY FOR YOUR REASONABLE FILING,

ADMINISTRATIVE, AND ARBITRATOR FEES IF YOUR CLAIM FOR DAMAGES DOES

NOT EXCEED $5,000 AND IS NON-FRIVOLOUS (AS MEASURED BY THE STANDARDS

SET FORTH IN FEDERAL RULE OF CIVIL PROCEDURE 11(B)).

ARBITRATION AWARD. THE AWARD RENDERED BY THE ARBITRATOR SHALL

INCLUDE COSTS OF ARBITRATION, REASONABLE ATTORNEYS’ FEES AND

REASONABLE COSTS FOR EXPERT AND OTHER WITNESSES, AND ANY JUDGMENT

ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY

COURT OF COMPETENT JURISDICTION.

INJUNCTIVE RELIEF. NOTHING IN THIS SECTION SHALL PREVENT EITHER PARTY

FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS

FOR MATTERS RELATED TO DATA SECURITY, INTELLECTUAL PROPERTY OR

UNAUTHORIZED ACCESS TO THE SERVICE.

CLASS ACTIONS. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL

CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED

CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE,

THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.

WAIVER OF JURY TRIAL. YOU AGREE THAT, BY ENTERING INTO THESE TERMS,

YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY

OR TO PARTICIPATE IN A CLASS ACTION.

GOVERNING LAW. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED

IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES, WITHOUT REGARD

TO ITS CONFLICT OF LAWS RULES.

FEEDBACK. WE WELCOME ANY COMMENTS, QUESTIONS AND FEEDBACK.

PLEASE DIRECT YOUR COMMUNICATION TO NEWS@MOBIESAFE.COM

CHANGES TO THE POLICY

THE COMPANY RESERVES THE RIGHT AMEND THE POLICY. PLEASE CHECK BACK

REGULARLY TO SEE UPDATES TO THE POLICY. YOUR CONTINUED USE OF THE

WEBSITE AND SERVICES FOLLOWING UPDATES TO THE POLICY INDICATES YOUR

ACCEPTANCE OF SUCH UPDATES.

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