YOU MUST BE AT LEAST 13 YEARS OF AGE OR OLDER TO USE THIS SITE AND/OR THE SERVICE, AND IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO USE THIS SITE AND/OR THE SERVICE AND HAVE THEM READ AND AGREE TO THESE TERMS.
You represent and warrant that you are at least 18 years of age or that you are the parent or legal guardian of a user that is over the age of 13, and you represent and warrant that: (a) all registration information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service offered through this Site does not violate any applicable law or regulation. Your account may be terminated without warning if we believe that you are under the age of 18 or under the age of 13 and using the Site and/or the Service without the permission of your parent or legal guardian. MyMobileCoverage℠ may terminate your membership and/or prohibit you from using and/or accessing the Service for any reason, at any time, without notice.
General Use Restrictions
MyMobileCoverage℠ provides content and services through this Site and the Service. Certain information, features, and applications provided on and through the Site and/or the Service, including text, content, advertising, logos, graphics, images and any other materials that are not Member Content (as defined below) (together, the “Materials”) are provided to you by MyMobileCoverage℠ and are the copyrighted and/or trademarked work of MyMobileCoverage℠ or MyMobileCoverage’s℠ contributors and third party partners.
As part of the Service, MyMobileCoverage℠ will make certain software available to you via download (“Software”). Subject to your compliance with these Terms (including, without limitation, MyMobileCoverage℠ grants you a limited, personal, non-exclusive, non-transferable, world-wide license to use the Software solely for your own internal personal use in connection with your use of the Service. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to copy, modify, adapt any code that comprises the Software, reverse engineer, decompile, reverse assemble, modify or attempt to discover the source code of the Software. Upon termination of this limited license, you agree to immediately destroy the Software.
All members of the Service need a password and an account to login to this Site and to use the Service and certain functions and areas within this Site. You are responsible for maintaining the confidentiality of your password, username and account, and you agree to immediately notify MyMobileCoverage℠ if your password is lost, stolen, or disclosed to an unauthorized third party or otherwise may have been compromised. You are entirely responsible for any and all activities which occur under your account, whether authorized or not authorized. You agree to immediately notify MyMobileCoverage℠ of any unauthorized use of your account or any other breach of security in relation to the Site and/or the Service known to you. You agree that you will not misrepresent yourself or represent yourself as another user of the Site and/or the Service.
Member agrees to indemnify and hold MyMobileCoverage℠, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
You agree that if you opt in to allow MyMobileCoverage℠ to access any content that you have posted to a third party website, such content will be treated as Member Content that you have posted and/or transmitted on the Site or through the Service under the terms of these Terms.
You further agree that portions of your Member Content may be incorporated into the results pages (“SmartResults”) of other Service members and that MyMobileCoverage℠ may incorporate Third Party Content (as defined below), including, advertising and sponsorships, on, in and/or around your personal page and/or Member Content. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO MyMobileCoverage℠, SUCH AS YOUR MEMBER CONTENT. You further agree that you will not upload, post or otherwise make available or provide access to on or through this Site and/or the Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Member Content that you post or otherwise make available or provide access to on or through this Site and/or the Service. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Member Content posted by or otherwise made available by or accessed through you on or through this Site and/or the Service.
You represent, warrant and covenant that no Member Content that you post to the Site or provide access to or transmit through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, contract or any other rights of any person or entity; or contain libelous, defamatory or otherwise unlawful material. You further agree when posting or accessing Member Content or otherwise using the Site and/or the Service that you will not do any of the following: (a) harvest or collect email addresses or other contact information of members from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (b) use automated scripts to collect information from the Service for any other purpose; (c) use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site and/or the Service; (d) use the Site and/or the Service to upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, tortuous, defamatory, libelous, disparaging, harassing, vulgar, obscene, pornographic, hateful, or racially, ethnically, promotes, furthers or incites violence, terrorism or illegal acts, or is otherwise objectionable (as determined by MyMobileCoverage℠ in its sole discretion); (e) impersonate any person or entity (including any MyMobileCoverage℠ personnel), or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) defame, abuse, intimidate, harass or stalk or otherwise violate the legal rights (such as privacy and publicity) of others; (i) solicit or use, or attempt to solicit or use, another member’s account information or password or create a false identity on the Service and/or the Site; or (j) post any copyrighted or trademarked materials without the express written permission of the owner.
The foregoing list of prohibitions provides examples and is not complete or exclusive. You understand and agree that MyMobileCoverage℠ reserves the right to (a) terminate your access to your account, your ability to post to this Site and/or the Service and (b) refuse, delete or remove, move or edit the content, in whole or in part, any Member Content; with or without cause and with or without notice, for any reason or no reason, or for any action that MyMobileCoverage℠ determines is inappropriate or disruptive to this Site and/or the Service or to any other user of this Site and/or the Service. MyMobileCoverage℠ may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at MyMobileCoverage’s℠ discretion, MyMobileCoverage℠ will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
MyMobileCoverage℠ does not and cannot review all Member Content posted to the Site and/or accessed through or transmitted through the Service. These prohibitions do not require MyMobileCoverage℠ to police or remove any Member Content or other information posted, submitted, transmitted or accessed by you or any other user.
You understand that the Service is available for your personal use only. You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Members from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service for any other purpose. You further agree that you may not use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair Web site. In addition, you agree not to use the Service or the Web site to: upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another; use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Service or the Web site.
Modifications and Interruption to Service
MyMobileCoverage℠ reserves the right to modify or discontinue the Service with or without notice to Member. MyMobileCoverage℠ shall not be liable to Member or any third party should MyMobileCoverage℠ exercise its right to modify or discontinue the Service. Member acknowledges and accepts that MyMobileCoverage℠ does not guarantee continuous, uninterrupted or secure access to the Site and/or the Service and operation of the Site and/or the Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third Party Content
Certain information and content that is not Member Content may be provided by third party licensors to MyMobileCoverage℠ (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer and/or personal mobile device solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. MyMobileCoverage℠ DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
As consideration for using the service, you agree and understand that we will display advertisements and other information as part of your user experience.
Disclaimer of Warranties
Your use of this Site and/or the Service is at your own risk. Neither the Materials, Member Content nor the Third Party Content have been verified or authenticated in whole or in part by MyMobileCoverage℠, and they may include inaccuracies or typographical or other errors. MyMobileCoverage℠ does not warrant the accuracy, timeliness, availability or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site and/or accessed through the Service or in the Materials, Member Content or Third Party Content. MyMobileCoverage℠ has no liability for any errors or omissions in the Materials, Member Content and/or the Third Party Content, whether provided by MyMobileCoverage℠ or our licensors. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, SERVICE, SOFTWARE, MATERIALS, MEMBER CONTENT AND THIRD PARTY CONTENT AND ANY OTHER INFORMATION OR MATERIAL CONTAINED ON OR PRESENTED ON THIS SITE OR THROUGH THE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” “WHERE-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MyMobileCoverage℠ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH THE SITE, SERVICE, SOFTWARE, MATERIALS, MEMBER CONTENT AND THIRD PARTY CONTENT RELATING TO QUALITY, SUITABILITY, CORRECTNESS, TRUTH, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS OR ANY OTHER INFORMATION OR MATERIAL CONTAINED ON THE SITE AND/OR ACCESSED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS. MyMobileCoverage℠ IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR MEMBER OF THE SERVICE. MyMobileCoverage℠ ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS. MyMobileCoverage℠ SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE SITE AND/OR THE SERVICE. MyMobileCoverage℠ IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS AND/OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEB SITE OR ANY COMBINATION THEREOF. MyMobileCoverage℠DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER OR MOBILE DEVICE.
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Limitation of Liability
MyMobileCoverage℠ SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR DISPLAYING, COPYING OR DOWNLOADING ANY MATERIALS, CONTENT OR INFORMATION TO OR FROM THIS SITE. IN NO EVENT SHALL MyMobileCoverage℠ BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE) ARISING OUT OF OR RELATED TO THIS SITE AND/OR THE SERVICE OR THE INFORMATION CONTAINED ON THE SITE OR ACCESSED THROUGH THE SERVICE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MyMobileCoverage℠ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Member agrees to indemnify and hold MyMobileCoverage℠, its parents, subsidiaries, affiliates, officers and employees, harmless from and against any and all costs, damages, liabilities and expenses (including reasonable attorneys’ fees and costs of defense) MyMobileCoverage℠ or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding any claim or demand made by any third party due to or arising out of Member’s use of the Site and/or the Service, or the use of the Site and/or the Service by any person using your account, user name and/or password, the violation of these Terms, or infringement of any materials and/or content posted by Member, or any person using your account, name and/or password, of any intellectual property or any other proprietary right of any third party or any applicable local, state, federal or international law, rule or regulation.
All disputes relating in any way, directly or indirectly, to MyMobileCoverage℠ for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules of the American Arbitration Association (AAA) in San Mateo, California, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the provisions of the California Civil Code, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys’ fees. If you are unable to afford the AAA fee, you agree to notify all persons against whom you have an arbitrable claim and give such persons the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties. No claim may be brought as a class action, combined or consolidated with any other proceeding, nor may any proceeding be pursued in a representative capacity or on behalf of a class. Neither you nor MyMobileCoverage℠ has the right to act as a class representative or class representative or participate as a member of a class of claimants with respect to any claim. Notwithstanding the foregoing, the extent you have in any manner violated or threaten to violate MyMobileCoverage’s℠, or any of its affiliates’, proprietary or intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of California.
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any and all applicable laws. Member may not use the Site and/or the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
Unless otherwise specified in these Terms, all content included or available on this Site and/or the Service, including documents, services, site design, text, graphics, logos, images, icons, interfaces, and the selection and arrangements thereof, are the sole property of CORTxT, Inc., ©[2009-2014] CORTxT, Inc. All rights not expressly granted herein are reserved. Any use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the copyright owner is strictly prohibited. Member agrees not to use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of MyMobileCoverage℠.
MyMobileCoverage.com, are proprietary marks of CORTxT, Inc. These marks may not be used in connection with any product or service that is not provided by MyMobileCoverage℠, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MyMobileCoverage℠ or the Service.
All other trademarks displayed on the Site and/or in the Service are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of the owners of those trademarks. In addition, use of such trademarks do not imply, directly or indirectly, MyMobileCoverage’s℠ endorsement or affiliation with such trademark owners.
Notification of Claimed Copyright Infringement
We respect the intellectual property rights of others. MyMobileCoverage℠ may, in appropriate circumstances and at our discretion, terminate your access to the Site and/or the Service for users who infringe the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement and appears on our Site and/or Service, please provide MyMobileCoverage℠‘s designated agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed, or if multiple works at a single online site are covered by a single notification, a representative list of such works at that site; (c) a description of where the material that you claim is infringing is located on the Site and/or the Service; (d) information reasonably sufficient to permit MyMobileCoverage℠ to contact you as the complaining party, such as your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information provided in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
MyMobileCoverage’s℠ agent for notice of claims of copyright or trademark infringement on this Site and/or the Service can be reached as follows:
By e mail: feedback@MyMobileCoverage.com
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Only the intellectual property rights owner is permitted to report potentially infringing items through MyMobileCoverage’s℠ reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms.
MyMobileCoverage℠ retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, MyMobileCoverage℠reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Local Laws; Export Control
MyMobileCoverage℠ controls and operates this Site and the Service from its headquarters in the United States of America and the Materials, Member Content and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site and/or the Service outside the United States of America, you are responsible for following applicable local laws.
TERMS AND CONDITIONS
Personal Use Only. You agree to use the Software and Data together with MyMobileCoverage℠ solely for the personal or internal business purpose for which you were licensed, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy the Data only as necessary for your personal use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Data in any way. You agree not to otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of the Software or Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws. Multi-disc sets may only be transferred or sold as a complete set as provided by MyMobileCoverage℠ and not as a subset thereof. Restrictions. Except where you have been specifically licensed to do so by MyMobileCoverage℠.
Warning. The Data may contain inaccurate or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic & coverage data, any of which may lead to incorrect results.
No Warranty. The Software and Data are provided to you “as is,” and you agree to use it at your own risk. MyMobileCoverage℠ and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from the Software or Data, or that the Software, Data or server will be uninterrupted or error-free.
Disclaimer of Warranty: MyMobileCoverage℠ AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.
Disclaimer of Liability: MyMobileCoverage℠ AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE SOFTWARE, DATA OR RELATED INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE, DATA OR RELATED INFORMATION, ANY DEFECT IN THE SOFTWARE, DATA OR RELATED INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF [CLIENT] OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you. Export Control. You agree not to export from anywhere any part of the Software or Data provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. Entire Agreement. These terms and conditions constitute the entire agreement between MyMobileCoverage℠ (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
Governing Law. The above terms and conditions shall be governed by the laws of the State of California, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of the State of California for any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder.
Government End Users. If the Data is being acquired by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, the Data is a “commercial item” as that term is defined at 48 C.F.R. (“FAR”) 2.101, is licensed in accordance with these End-User Terms, and each copy of the Data delivered or otherwise furnished shall be marked and embedded as appropriate with the following “Notice of Use,” and shall be treated in accordance with such Notice.