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Welcome to Mobilepage!
Terms MobilePage Voice Message Broadcast Service ("MobilePage VMB") is providing users (User) with access to its telephone messaging services and web site, (the "MobilePage VMB"), subject to the terms and conditions of this User Agreement ("Terms"). Any new features, changes, updates or improvements of the MobilePage VMB Service, and the availability of new MobilePage VMBs, shall be subject to the terms of this User Agreement unless explicitly stated otherwise. 1. YOUR ACCEPTANCE OF THIS USER AGREEMENT Please read the User Agreement carefully before using or registering for the MobilePage VMB Service. By using or registering for the MobilePage VMB Service, you agree to be bound by the terms and conditions set forth. If you do not wish to be bound by these terms and conditions, you may not access or use MobilePage VMB. 2. MODIFICATION OF TERMS We reserve the right to modify and restate the terms and conditions of the User Agreement, and modification(s) shall be effective immediately upon being posted on the mobilepage.net web site. Unless explicitly stated otherwise, any new features that augment or enhance MobilePage VMB, including the release of new MobilePage features and functions, shall be subject to the User Agreement. You understand and agree that the MobilePage VMB is provided "AS-IS" and that MobilePage assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store or deliver any User communications or personalized information. You are responsible for reviewing these terms and conditions regularly. Your continued use of the MobilePage VMB shall be deemed to be your conclusive acceptance of all modifications to the User Agreement. 3. PRIVACY POLICY By using or registering for the MobilePage VMB you acknowledge that you have read and accept the MobilePage Privacy Statement. Before using or registering for MobilePage VMB, please carefully read the MobilePage Privacy Statement. A link to the MobilePage Privacy Statement is on the bottom of each page of mobilepage.net. MOBILEPAGE PRIVACY STATEMENT MobilePage has implemented this privacy policy to ensure that personal information (specifically set forth below) pertaining to our users is kept private and secure subject to the Terms & Provisions of the MobilePage User Agreement. MobilePage will not distribute any of the information we receive from you while using our voice broadcasting service. Financial information and other information deemed confidential will be exchanged over a secure connection and encrypted within our database. MobilePage does not currently have any relationships with third parties that would want or require your personal information. If any aspect of this privacy policy changes, it will be updated on both our website and our User Agreement. If MobilePage deems the change particularly important, we will also notify users via email. What personal information does MobilePage collect? Registration During our web registration process prior to using the service, MobilePage requires that you supply your name, e-mail address, phone number, and other identifying information. This information is used to establish your MobilePage account, and so that we may contact or identify you for support purposes. Order/Purchase During our ordering process, MobilePage requires that you provide us with a credit card number and other associated information. This information will be encrypted and stored so that we my process future orders and subscription renewals. Group Phone Lists Before sending a voice message broadcast, you will need to provide MobilePage with a list of phone numbers and email addresses of the people you would like to call. This information will not be shared with any third parties, pursuant to this privacy policy and the MobilePage User Agreement. Voice Broadcasts/Recordings MobilePage will record your voice inputs (messages) in order to transmit them to the phone numbers you provide. MobilePage will not review your messages at any time unless we have specific written reason to believe that messages are in violation of the MobilePage User Agreement. Cookies MobilePage employs cookies to recognize you and your access privileges on our site, as well as to track site usage. We do not use cookies for any reason other than to make the website easy for you to use. IP Addresses MobilePage logs IP addresses for systems administration and troubleshooting purposes. We do not use IP address logs to track your session or your behavior on our site. E-Mail MobilePage will use the email address you provide at registration as the primary method for obtaining authorization to transmit voice messages to your phone number, and, for communicating account-related information with you. Data Security To prevent unauthorized access, maintain data accuracy, and ensure the use of information, we have put in place appropriate physical and electronic procedures to protect the information we collect online. Will my information be used for marketing purposes by MobilePage or any other company? Given our exclusive e-mail authorization and web opt-in controls, you will not receive VMB messages from any third party you do not personally authorize. MobilePage will not sell your personal information to third parties and you will not receive marketing messages from any company you have not opted to receive VMBs from. MobilePage may, from time to time, choose to send email to our users in the form of a newsletter or special offer. Should we decide to send an email to our users, it will be sent ONLY to group owners, group brokers, and VMB users who have set up a user account via the MobilePage website. At the end of your broadcast messages, MobilePage may give call recipients the option to remove their phone number from your calling list. 4. REMOVE PHONE NUMBER If members of your group do not wish to receive messages, they may visit our website and clickDo Not Call on the home page of the web site. Alternatively, you may visit the MobilePage website and remove numbers from your group list(s) If a MobilePage VMB user has no specific calling list specified, that number will be blocked from receiving calls from any MobilePage group owner. Our Do Not Call list applies even if a calling list is uploaded to our system by a client. 5. REGISTRATION INFORMATION You agree, as a condition of your use of the MobilePage VMB, to provide MobilePage with accurate and complete information when registering for or using the MobilePage VMB, and to update and maintain such information. MobilePage has the right to suspend, restrict or terminate your use of the MobilePage VMB and to refuse any future use of all or portions of the MobilePage VMB if MobilePage has reason to believe that you have failed to comply with these requirements. 6. MINIMUM AGE If you are under the age of eighteen, you are prohibited from using or registering for the MobilePage VMB. By using or registering for the MobilePage VMB, you warrant to MobilePage that you are above the age of eighteen. In addition, parents of children under the age of 18 should be aware that the MobilePage VMB is designed to appeal to a broad audience. Accordingly, as a parent or legal guardian, it is your responsibility to determine whether any portion of the MobilePage VMB is inappropriate for your child. 7. TELEPHONE CHARGES Access to the MobilePage VMB is achieved by dialing a toll-free number within any of the contiguous forty eight (48) states of the United States. MobilePage Communications is not responsible for any charges that you may incur from dialing outside of the United States or any other connection charges that you may incur when calling the MobilePage toll-free phone number, e.g., cellular, mobile, or pay phones. Please note that MobilePage delivers messages anywhere. 8. ACCOUNT SECURITY When you are registered, you will establish a MobilePage ID and a PIN. You are responsible for protecting the confidentiality of your MobilePage ID and PIN, and you are fully responsible for all activities that occur under your MobilePage ID. You agree: (a) to exit from your account when you conclude each session, and (b) to immediately notify MobilePage of any loss, compromise or unauthorized use of your MobilePage ID and PIN or any other breach of security. You may notify MobilePage by sending an e-mail to Support@Mobilepage.net MobilePage will not be liable for any loss or damage of any kind resulting from either the authorized or unauthorized use of your MobilePage ID and PIN. 9. CONSENT TO RECORD YOUR VOICE INPUTS You agree and consent that MobilePage may record oral or voice communications, utterances, conversations or commands, made by you during the use of the MobilePage VMB. By using the MobilePage VMB, you expressly consent and grant to MobilePage the right to record and use these recordings. If you do not authorize MobilePage to make or use these recordings, you may not use the MobilePage VMB. MobilePage is under no obligation to monitor any recordings for accuracy, completeness, or quality. User understands that recordings may or may not resemble that which User intends to record and that MobilePage is under no obligation to ensure that recordings will successfully represent that which User intends to record. User agrees that all recordings become part of the Content (hereinafter defined) of the MobilePage VMB. 10. RESTRICTION AND MODIFICATION OF SERVICE You agree that MobilePage may limit your use of the MobilePage VMB, including without limitation the frequency and duration for which you may access the MobilePage VMB, and that MobilePage has no responsibility or liability for any unavailability or limitation on use of the MobilePage VMB. In addition, MobilePage reserves the right at any time to limit: access to, modify, change or discontinue the MobilePage VMB, or any part thereof, with or without notice. You agree that MobilePage shall not be liable to you or to any third party for any modification, suspension or discontinuance of the MobilePage VMB. You acknowledge and agree that MobilePage may establish general practices and limits, which may not be published, concerning the use of the MobilePage VMB, including without limitation the maximum time that messages will be retained, the maximum number of messages that may be sent from or received by an account on the MobilePage VMB, the length of message sent and the maximum number of times, and the maximum duration for which you may access the Service, in a given period of time. You agree that MobilePage has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the MobilePage VMB. You acknowledge that MobilePage reserves the right to terminate any inactive or dormant account(s). You agree and MobilePage reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice. 11. YOUR CONDUCT As a condition of your use of the MobilePage VMB, you agree and warrant to MobilePage that you will not use the MobilePage VMB for any purpose that is unlawful or prohibited by the User Agreement. You may not use the MobilePage VMB in any manner that could damage, impair, disable or overburden the MobilePage VMB, interfere in any way with MobilePage rights, interfere in any way with any other user's use and enjoyment of the MobilePage VMB, or otherwise infringe on any person's rights. Specifically, you agree and warrant to MobilePage that: . You will not use, or attempt to use, the MobilePage VMB to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, indecent, objectionable, or invasive of another person's privacy or proprietary rights. . You will follow the letter and spirit of the terms of the User Agreement and all applicable laws; . You will not use, or attempt to use, the MobilePage VMB in connection with any junk messages, spamming, advertising or messages that are duplicative, unsolicited, or promotional in nature; . You will not send, or attempt to send, messages to emergency lines, to any health care facility or similar establishment, to numbers assigned to radio common carrier services or to any service for which the called party is charged for the call; . You will not transmit, or attempt to transmit, any material that may infringe the contractual, fiduciary, intellectual property rights, or other rights of third parties, including trademark, copyright or the right of publicity; . You will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with MobilePage, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message; . You will not resell, or attempt to resell, the use of the MobilePage VMB without express, prior written consent/permission from MobilePage for you to operate as a Group Broker; . You will not collect, or attempt to collect, or store information about the MobilePage VMB or other users, including contact information, without their consent; . You will not interfere, or attempt to interfere, with or disrupt connections to the MobilePage VMB or violate the regulations, policies or procedures of such connections; . You will not attempt to gain unauthorized access to the MobilePage VMB, other accounts, computer systems or networks connected to the Service. . You will not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password/PIN mining or any other means. . You agree and MobilePage retains the right, at its sole discretion, to determine whether or not User conduct is consistent with the letter and spirit of the User Agreement. MobilePage may immediately terminate a Users MobilePage account if the Users conduct is found to be inconsistent with this User Agreement. 12. NO SPAM AND CONSENT TO DAMAGES MobilePage will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited messaging activities. Activities such as sending spam or other unsolicited messages can cause harm to MobilePage (and our customer base) in numerous ways including, but not limited to, damaging the MobilePage brand name, damaging our reputation for delivering relevant messages, damaging our reputation for privacy, damaging our ability to attract and retain customers, and damaging other consumer, customer and business goals, activities, or relationships. MobilePage retains sole responsibility and discretion for calculating losses; because these and other damages are often difficult to quantify, if actual damages cannot be reasonably calculated by MobilePage; then you agree to pay MobilePage liquidated damages of $5.00 for each piece of spam or unsolicited message transmitted from or otherwise connected with your MobilePage account; otherwise, you agree to pay MobilePage's actual damages, to the extent such actual damages can be reasonably calculated by MobilePage. 13. COMPLIANCE WITH FEDERAL AND STATE REGULATIONS User agrees to comply with the rules and regulations with specific regard to the Federal Trade Commission and the Federal Communications Commission National Do Not Call Registry rules and regulations and individual State Do Not Call Lists rules and regulations along with any other similar laws that may be applicable to Users use of MobilePage VMB. User agrees not to violate these, or any other applicable Federal or State laws and represents and warrants that subscribers use of the MobilePage VMB will not cause MobilePage to violate these or similar laws. User agrees to comply with the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission's implementing regulations, at 47 CFR § 64.1200 et seq., and any other similar laws. User agrees not to violate these, or any other applicable anti-solicitation laws, and represents and warrants that its use of the MobilePage VMB will not cause MobilePage to violate these or other similar laws. User agrees that it is the sole responsibility of User to abide by any laws defined by the State or Federal Government in which MobilePage VMB will be applicable. User understands and agrees that MobilePage will not be held responsible for damages to the User or any third party incurred due to User's failure to abide by State and/or Federal laws. Please refer to the Telephone Consumer Protection Act of 1991. You may visit the Federal Communications Commission Web site at http://www.fcc.gov and the Federal Trade Commission Web site at http://www.ftc.gov. Please refer to the appropriate State Attorney Generals office or other applicable offices for telemarketing rules and or regulations pertaining to your intended application and use of the MobilePage VMB. 14. NO RESPONSIBILITY FOR CONTENT As part of the MobilePage VMB, MobilePage may offer User access to communications, media and commerce services. MobilePage does not guarantee the accuracy, integrity, quality or appropriateness of any messages, communications, information, data, text, music, sound, or other materials ("Content"), whether publicly posted or privately transmitted through the MobilePage VMB. You acknowledge that the MobilePage VMB simply acts as a passive conduit for the distribution and transmission of information. You acknowledge that MobilePage has no obligation to screen, preview, or monitor such Content. By using the MobilePage VMB, you agree that it is solely YOUR RESPONSIBILITY to evaluate the accuracy, usefulness, completeness, or appropriateness of any Content that you send, receive, access, post, or otherwise transmit through the MobilePage VMB, including Content that may be offensive, indecent or objectionable. Under no circumstances will MobilePage be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content sent, accessed, posted or otherwise transmitted via the MobilePage VMB. 15. DISCLOSURE MobilePage may make identifiable information available to our employees and third parties with whom we contract. In addition, MobilePage may provide aggregate statistics, unique identifiers, demographic, and other anonymous information about our users to advertisers, Service Providers (hereinafter defined), and other third parties. You acknowledge and agree that MobilePage may make such uses of information you provide or MobilePage collects. While MobilePage is committed to protect your privacy, MobilePage does not guarantee that your communications, contact information and other identifiable information will never be disclosed. You acknowledge and agree that MobilePage may disclose any information or Content as described herein, or if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with any legal process; (b) respond to claims of a violation of the rights of third parties; or (c) protect the rights, property, or safety of MobilePage, its users or the public. MobilePage does not accept any responsibility for accidental or inadvertent disclosure, unauthorized access or other disclosure as required by law or described herein. As we continue to develop our business, we might sell our company or buy other companies or assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that MobilePage, or substantially all of its assets are acquired, you consent to the transfer of your information as one of the transferred assets. 16. SERVICE FEES AND CHARGES The basic account fees ("Service Fees") shall be provided at the rates set out in the MobilePage pricing plan at the time of subscription, plus applicable taxes, fees, and surcharges. MobilePage may modify subscription Service Fees at renewal periods. 17. SUBSCRIPTION BILLING Service Fees for subscription users of the MobilePage VMB will be automatically charged to the credit or debit card on file for User at the time of VMB service use. If for any reason payment is not effected through User's credit or debit card and payment becomes past due, MobilePage will assess a late payment charge of 1.5% per month, or 18% annually (or the highest amount allowed by law, whichever is lower) on the amount due. The total amount of the late payment, and the late charge, shall be due and payable immediately. User is responsible for any fees, including attorney and collection fees that MobilePage may incur in its efforts to collect any Service Fees, surcharges and late payment charges owing from the User. Additionally, MobilePage reserves the right to immediately and without notice terminate the account of any User with a past due balance. MobilePage reserves the right to change the billing process upon providing the Subscriber with 30 days notice in writing or via email. Unlimited Usage on Subscription Accounts: You agree and MobilePage retains the right, at its sole discretion, to determine whether or not User is abusing the unlimited usage privilege on a subscription account. If MobilePage determines that an account is abusing the unlimited usage privilege, MobilePage may restrict or terminate that account. As a guideline only, a user that creates broadcasts that result in more calls per day than the maximum number of recipients in their subscription plan will be considered in abuse of the unlimited usage privilege. Abuse may be addressed by contacting the group owner to warn of excessive usage. MobilePage reserves the right to charge an additional 9 cents ($.09) per call for any excessive calls, as determined at the sole discretion of MobilePage. 18. FREE TRIALS MobilePage may permit User to use the MobilePage VMB on a free trial basis. During this time, User will not incur any charges or fees for use of the service. After the expiration of your free trial, you will have the option to purchase a MobilePage messaging package or subscription as described on the MobilePage web-site. MobilePage reserves the right to terminate the account of any free trial User at any time. 19. TERM AND TERMINATION MobilePage VMB subscriptions shall automatically renew on a monthly basis at the rate indicated on the Mobilepage.net website. Users may discontinue their subscription at any time by logging in to the website and selecting Cancel my Subscription, or by sending an email to Support@Mobilepage.net. WE DO NOT PROVIDE REFUNDS OR CREDITS Users that have no past due balance and have paid for current-to-date usage will be able to complete broadcasts on their account at will. MobilePage group accounts will expire after one hundred eighty (180) days of inactivity. Inactivity is defined to mean that User has not initiated a voice message broadcast. MobilePage VMB usage is non-refundable. 20. SERVICE PROVIDERS The MobilePage VMB may provide User with opportunities to be transferred or linked to third party providers ("Service Providers") of products, services, advertisements or Content that may be accessible through and operate with the MobilePage VMB. MobilePage does not endorse and is not responsible or liable for any Content, data, advertising, products or services available or unavailable from, or through, such Service Providers. You further agree that should you use or rely on such Content, data, advertisement, goods or services on, available or unavailable from, or through any such Service Providers. MobilePage is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of Service Providers, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Providers exclusively and do not involve MobilePage. You agree that MobilePage is not responsible for the accessibility or unavailability of Service Providers or for your interaction and dealings with them. 21. LIABILITY DISCLAIMER YOU AGREE THAT: A. IF YOU USE THE MOBILEPAGE VMB, YOU DO SO AT YOUR OWN AND SOLE RISK. THE MOBILEPAGE VMB IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOBILEPAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN THE EVENT OF A CRITICAL EMERGENCY, REGULAR MOBILEPAGE.NET MESSAGING SERVICES MAY TEMPORARILY BE PRE-EMPTED TO PROVIDE SERVICE TO CLIENTS WITH EMERGENCY-RELATED NEEDS. B. MOBILEPAGE DOES NOT WARRANT THAT (i) THE MOBILEPAGE VMB WILL MEET YOUR REQUIREMENTS, (ii) THE MOBILEPAGE VMB WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MOBILEPAGE VMB WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MOBILEPAGE VMB WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR MOBILEPAGE COLLECTS WILL NOT BE DISCLOSED, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. YOU ARE ESPECIALLY ADVISED NOT TO USE OR RELY ON THE MOBILEPAGE VMB AND INFORMATION OR ANY OTHER PROGRAM, INFORMATION OR SERVICE WHATSOEVER RELATED THERETO FOR "CONTENT SENSITIVE" OR "MISSION CRITICAL" APPLICATIONS AND USE. "CONTENT SENSITIVE" SHALL MEAN ANY INFORMATION OR DATA YOU DO NOT WISH TO BE ACCESSIBLE TO OTHER USERS. "MISSION CRITICAL" APPLICATIONS AND USE SHALL MEAN APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE. C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE MOBILEPAGE VMB, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS. D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM MOBILEPAGE OR THROUGH OR FROM THE MOBILEPAGE VMB SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. 22. LIMITATION OF LIABILITY YOU EXPRESSLY AGREE THAT MOBILEPAGE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MOBILEPAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE MOBILEPAGE VMB; (ii) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE MOBILEPAGE VMB; (iii) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (iv) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE MOBILEPAGE VMB; OR (v) ANY OTHER MATTER RELATING TO THE MOBILEPAGE VMB. 23. INDEMNIFICATION You agree to indemnify, defend and hold harmless MobilePage, its officers, directors, owners, employees, agents, other Service Providers, vendors or customers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees resulting from any violation of the User Agreement by you or any harm you may cause to anyone. You agree and we reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. 24. PROPRIETARY RIGHTS You acknowledge and agree that the MobilePage VMB and any necessary software used in connection with the MobilePage VMB and Service Providers contain proprietary and confidential information that are protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the MobilePage VMB or other users is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the MobilePage VMB, except as set forth herein. MobilePage, the MobilePage logo and other MobilePage logos, product and service names may be trademarks, service marks or other intellectual property of MobilePage (the " MobilePage Marks"). You agree not to display or use the MobilePage Marks in any manner without the prior, express written permission of MobilePage. 25. NOTICE You agree that MobilePage may communicate any notices to you, including notices of changes to the User Agreement, through email, regular mail or by posting of those notices on the Mobilepage.net web site or through the MobilePage VMB. 26. ENTIRE AGREEMENT The User Agreement governs your use of the MobilePage VMB. This User Agreement, your group ownership, and your payment agreement constitute the entire agreement between you and MobilePage. They supersede any prior agreements between you and MobilePage. Additional terms and conditions may apply when you use the services of Service Providers and others. These additional terms will not reduce, diminish, or eliminate any rights MobilePage possesses with respect to this User Agreement. 27. GOVERNING LAW AND ARBITRATION The User Agreement and the relationship between you and MobilePage shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the MobilePage VMB or to the terms of this User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree to submit any dispute with MobilePage exclusively to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The location of any arbitration shall be in the city Kansas City, Missouri. You agree any arbitrator shall not have the authority to award punitive damages. You agree to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction. 28. MISCELLANEOUS Any failure by MobilePage to exercise any rights or enforce any of the terms of this User Agreement shall not constitute a waiver of such rights or terms. If any portion of the User Agreement is found by an arbitrator or a court of competent jurisdiction to be invalid, the arbitrator or court should nevertheless give effect to the parties' intentions expressed herein. All other provisions of the User Agreement remain in full force and effect.
