OneMob, Inc. Terms of Use

Last Updated: January 2024

The website located
at www.onemob.com (the “Site”) is a copyrighted work belonging to
OneMob, Inc. (“Company”, “us”, “our”, and “we”).
Certain features of the Site may be subject to additional guidelines,
terms, or rules, which will be posted on the Site in connection with
such features. All such additional terms, guidelines, and rules are
incorporated by reference into these Terms.

These Terms of Use
(these “Terms”) set forth the legally binding terms and
conditions that govern your use of the Site. By accessing or using
the Site, you are accepting these Terms (on behalf of yourself or the
entity that you represent), and you represent and warrant that you
have the right, authority, and capacity to enter into these Terms (on
behalf of yourself or the entity that you represent). you may not
access or use the Site or accept the Terms if you are not at least 18
years old. If you do not agree with all of the provisions of these
Terms, do not access and/or use the Site. These terms require the use
of arbitration (Section 10.2) on an individual basis to resolve
disputes, rather than jury trials or class actions, and also limit
the remedies available to you in the event of a dispute.

1. Accounts

1.1 Account
Creation. In order to use certain features of the Site, you must
register for an account (“Account”) and provide certain
information about yourself as prompted by the account registration
form. You represent and warrant that: (a) all required registration
information you submit is truthful and accurate; (b) you will
maintain the accuracy of such information. You may delete your
Account at any time, for any reason, by following the instructions on
the Site. Company may suspend or terminate your Account in accordance
with Section 8.

1.2 Account
Responsibilities. You are responsible for maintaining the
confidentiality of your Account login information and are fully
responsible for all activities that occur under your Account. You
agree to immediately notify Company of any unauthorized use, or
suspected unauthorized use of your Account or any other breach of
security. Company cannot and will not be liable for any loss or
damage arising from your failure to comply with the above
requirements.

2. Access to the
Site

1.3 License. Subject
to these Terms, Company grants you a non-transferable, non-exclusive,
revocable, limited license to use and access the Site solely for your
own personal, noncommercial use.

1.4 Certain
Restrictions. The rights granted to you in these Terms are subject to
the following restrictions: (a) you shall not license, sell, rent,
lease, transfer, assign, distribute, host, or otherwise commercially
exploit the Site, whether in whole or in part, or any content
displayed on the Site; (b) you shall not modify, make derivative
works of, disassemble, reverse compile or reverse engineer any part
of the Site; (c) you shall not access the Site in order to build a
similar or competitive website, product, or service; and (d) except
as expressly stated herein, no part of the Site may be copied,
reproduced, distributed, republished, downloaded, displayed, posted
or transmitted in any form or by any means. Unless otherwise
indicated, any future release, update, or other addition to
functionality of the Site shall be subject to these Terms. All
copyright and other proprietary notices on the Site (or on any
content displayed on the Site) must be retained on all copies
thereof.

1.5 Modification.
Company reserves the right, at any time, to modify, suspend, or
discontinue the Site (in whole or in part) with or without notice to
you. You agree that Company will not be liable to you or to any third
party for any modification, suspension, or discontinuation of the
Site or any part thereof.

1.6 No Support or
Maintenance. You acknowledge and agree that Company will have no
obligation to provide you with any support or maintenance in
connection with the Site.

1.7 Ownership.
Excluding any User Content that you may provide (defined below), you
acknowledge that all the intellectual property rights, including
copyrights, patents, trade marks, and trade secrets, in the Site and
its content are owned by Company or Company’s suppliers. Neither
these Terms (nor your access to the Site) transfers to you or any
third party any rights, title or interest in or to such intellectual
property rights, except for the limited access rights expressly set
forth in Section 2.1. Company and its suppliers reserve all rights
not granted in these Terms. There are no implied licenses granted
under these Terms.

3. User Content

1.8 User Content.
“User Content” means any and all information and content that a
user submits to, or uses with, the Site (e.g., content in the user’s
profile or postings). You are solely responsible for your User
Content. You assume all risks associated with use of your User
Content, including any reliance on its accuracy, completeness or
usefulness by others, or any disclosure of your User Content that
personally identifies you or any third party. You hereby represent
and warrant that your User Content does not violate our Acceptable
Use Policy (defined in Section 3.3). You may not represent or imply
to others that your User Content is in any way provided, sponsored or
endorsed by Company. Because you alone are responsible for your User
Content, you may expose yourself to liability if, for example, your
User Content violates the Acceptable Use Policy. Company is not
obligated to backup any User Content, and your User Content may be
deleted at any time without prior notice. You are solely responsible
for creating and maintaining your own backup copies of your User
Content if you desire.

1.9 License. You
hereby grant (and you represent and warrant that you have the right
to grant) to Company an irrevocable, nonexclusive, royalty-free and
fully paid, worldwide license to reproduce, distribute, publicly
display and perform, prepare derivative works of, incorporate into
other works, and otherwise use and exploit your User Content, and to
grant sublicenses of the foregoing rights, solely for the purposes of
including your User Content in the Site. You hereby irrevocably waive
(and agree to cause to be waived) any claims and assertions of moral
rights or attribution with respect to your User Content.

1.10 Acceptable Use
Policy. The following terms constitute our “Acceptable Use Policy”:

(a) You agree not to
use the Site to collect, upload, transmit, display, or distribute any
User Content (i) that violates any third-party right, including any
copyright, trademark, patent, trade secret, moral right, privacy
right, right of publicity, or any other intellectual property or
proprietary right; (ii) that is unlawful, harassing, abusive,
tortious, threatening, harmful, invasive of another’s privacy,
vulgar, defamatory, false, intentionally misleading, trade libelous,
pornographic, obscene, patently offensive, promotes racism, bigotry,
hatred, or physical harm of any kind against any group or individual
or is otherwise objectionable; (iii) that is harmful to minors in any
way; or (iv) that is in violation of any law, regulation, or
obligations or restrictions imposed by any third party.

(b) In addition, you
agree not to: (i) upload, transmit, or distribute to or through the
Site any computer viruses, worms, or any software intended to damage
or alter a computer system or data; (ii) send through the Site
unsolicited or unauthorized advertising, promotional materials, junk
mail, spam, chain letters, pyramid schemes, or any other form of
duplicative or unsolicited messages, whether commercial or otherwise;
(iii) use the Site to harvest, collect, gather or assemble
information or data regarding other users, including e-mail
addresses, without their consent; (iv) interfere with, disrupt, or
create an undue burden on servers or networks connected to the Site,
or violate the regulations, policies or procedures of such networks;
(v) attempt to gain unauthorized access to the Site (or to other
computer systems or networks connected to or used together with the
Site), whether through password mining or any other means; (vi)
harass or interfere with any other user’s use and enjoyment of the
Site; or (vi) use software or automated agents or scripts to produce
multiple accounts on the Site, or to generate automated searches,
requests, or queries to (or to strip, scrape, or mine data from) the
Site (provided, however, that we conditionally grant to the operators
of public search engines revocable permission to use spiders to copy
materials from the Site for the sole purpose of and solely to the
extent necessary for creating publicly available searchable indices
of the materials, but not caches or archives of such materials,
subject to the parameters set forth in our robots.txt file).

1.11 Enforcement. We
reserve the right (but have no obligation) to review any User
Content, and to investigate and/or take appropriate action against
you in our sole discretion if you violate the Acceptable Use Policy
or any other provision of these Terms or otherwise create liability
for us or any other person. Such action may include removing or
modifying your User Content, terminating your Account in accordance
with Section 8, and/or reporting you to law enforcement authorities.

1.12 Feedback. If
you provide Company with any feedback or suggestions regarding the
Site (“Feedback”), you hereby assign to Company all rights in
such Feedback and agree that Company shall have the right to use and
fully exploit such Feedback and related information in any manner it
deems appropriate. Company will treat any Feedback you provide to
Company as non-confidential and non-proprietary. You agree that you
will not submit to Company any information or ideas that you consider
to be confidential or proprietary.

4.
Indemnification

You agree to
indemnify and hold Company (and its officers, employees, and agents)
harmless, including costs and attorneys’ fees, from any claim or
demand made by any third party due to or arising out of (a) your use
of the Site, (b) your violation of these Terms, (c) your violation of
applicable laws or regulations or (d) your User Content. Company
reserves the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify us,
and you agree to cooperate with our defense of these claims. You
agree not to settle any matter without the prior written consent of
Company. Company will use reasonable efforts to notify you of any
such claim, action or proceeding upon becoming aware of it.

5. Fees And
Payment

You acknowledge and
agree that your payment will be charged and processed by OneMob. You
agree to pay any and all prices and fees due for Services purchased
or obtained at this Site at the time you order the Services.

OneMob expressly
reserves the right to change or modify its prices and fees at any
time, and such changes or modifications shall be posted online at
this Site and effective immediately without need for further notice
to you.

Except as expressly
provided in these Terms, all charges and payments are non-refundable,
non-cancellable, and non-creditable, even if your Services are
suspended, terminated, or transferred prior to the end of the
Services term.

5.1 Fees. Customer
will pay all fees specified in Order Forms. Except as otherwise
specified herein or in an Order Form, (i) fees are based on Services
and User/Platform subscriptions, (ii) payment obligations are non-
cancelable and fees paid are non-refundable, and (iii) quantities
purchased cannot be decreased during the relevant subscription term.

5.2 Invoicing and
Payment. Customer will provide OneMob with valid and updated credit
card information, or with a valid purchase order or alternative
document reasonably acceptable to OneMob. If Customer provides credit
card information to OneMob, Customer authorizes OneMob to charge such
credit card for all Purchased Services listed in the Order Form for
the initial subscription term and any renewal subscription term(s) as
set forth in the “Term of Purchased Subscriptions” section below.
Such charges shall be made in advance, either annually or in
accordance with any different billing frequency stated in the
applicable Order Form. If the Order Form specifies that payment will
be by a method other than a credit card, OneMob will invoice Customer
in advance and otherwise in accordance with the relevant Order Form.
Unless otherwise stated in the Order Form, invoiced fees are due net
30 days from the invoice date. Customer is responsible for providing
complete and accurate billing and contact information to OneMob and
notifying OneMob of any changes to such information.

5.3 Overdue Charges.
If any invoiced amount is not received by OneMob by the due date,
then without limiting OneMob’s rights or remedies, (a) those
charges may accrue late interest at the rate of 1.5% of the
outstanding balance per month, or the maximum rate permitted by law,
whichever is lower, and/or (b) OneMob may condition future
subscription renewals and Order Forms on payment terms shorter than
those specified in the “Invoicing and Payment” section above.

5.4 Suspension of
Service and Acceleration. If any charge owing by Customer under this
or any other agreement for services is 30 days or more overdue, (or
10 or more days overdue in the case of amounts Customer has
authorized OneMob to charge to Customer’s credit card), OneMob may,
without limiting its other rights and remedies, accelerate Customer’s
unpaid fee obligations under such agreements so that all such
obligations become immediately due and payable, and suspend Services
until such amounts are paid in full, provided that, other than for
customers paying by credit card or direct debit whose payment has
been declined, OneMob will give Customer at least 10 days’ prior
notice that its account is overdue, in accordance with the “Manner
of Giving Notice” section below for billing notices, before
suspending services to Customer.

5.5 Payment
Disputes. OneMob will not exercise its rights under the “Overdue
Charges” or “Suspension of Service and Acceleration” section
above if Customer is disputing the applicable charges reasonably and
in good faith and is cooperating diligently to resolve the dispute.

5.6 Taxes. OneMob’s
fees do not include any taxes, levies, duties or similar governmental
assessments of any nature, including, for example, value-added,
sales, use or withholding taxes, assessable by any jurisdiction
whatsoever (collectively, “Taxes”). Customer is responsible for
paying all Taxes associated with its purchases hereunder. If OneMob
has the legal obligation to pay or collect Taxes for which Customer
is responsible under this section, OneMob will invoice Customer and
Customer will pay that amount unless Customer provides OneMob with a
valid tax exemption certificate authorized by the appropriate taxing
authority. For clarity, OneMob is solely responsible for taxes
assessable against it based on its income, property and employees.

6. Third-Party
Links & Ads; Other Users

6.1 Third-Party
Links & Ads. The Site may contain links to third-party websites
and services, and/or display advertisements for third parties
(collectively, “Third-Party Links & Ads”). Such Third-Party
Links & Ads are not under the control of Company, and Company is
not responsible for any Third-Party Links & Ads. Company provides
access to these Third-Party Links & Ads only as a convenience to
you, and does not review, approve, monitor, endorse, warrant, or make
any representations with respect to Third-Party Links & Ads. You
use all Third-Party Links & Ads at your own risk, and should
apply a suitable level of caution and discretion in doing so. When
you click on any of the Third-Party Links & Ads, the applicable
third party’s terms and policies apply, including the third party’s
privacy and data gathering practices. You should make whatever
investigation you feel necessary or appropriate before proceeding
with any transaction in connection with such Third-Party Links &
Ads.

6.2 Other Users.
Each Site user is solely responsible for any and all of its own User
Content. Because we do not control User Content, you acknowledge and
agree that we are not responsible for any User Content, whether
provided by you or by others. We make no guarantees regarding the
accuracy, currency, suitability, or quality of any User Content. Your
interactions with other Site users are solely between you and such
users. You agree that Company will not be responsible for any loss or
damage incurred as the result of any such interactions. If there is a
dispute between you and any Site user, we are under no obligation to
become involved.

6.3 Release. You
hereby release and forever discharge the Company (and our officers,
employees, agents, successors, and assigns) from, and hereby waive
and relinquish, each and every past, present and future dispute,
claim, controversy, demand, right, obligation, liability, action and
cause of action of every kind and nature (including personal
injuries, death, and property damage), that has arisen or arises
directly or indirectly out of, or that relates directly or indirectly
to, the Site (including any interactions with, or act or omission of,
other Site users or any Third-Party Links & Ads). IF YOU ARE A
CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION
1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL
RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED
HIS OR HER SETTLEMENT WITH THE DEBTOR.”

7. Disclaimers

THE SITE IS PROVIDED
ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR
SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS
OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE
(AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR
REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES
OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW
REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES
ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST
USE.

SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.

8. Limitation on
Liability

TO THE MAXIMUM
EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS)
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA,
COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES
ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY
TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING
THEREFROM.

TO THE MAXIMUM
EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM
OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM
OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM
WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE
NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.

9. Term and
Termination.

Subject to this
Section, these Terms will remain in full force and effect while you
use the Site. We may suspend or terminate your rights to use the Site
(including your Account) at any time for any reason at our sole
discretion, including for any use of the Site in violation of these
Terms. Upon termination of your rights under these Terms, your
Account and right to access and use the Site will terminate
immediately. You understand that any termination of your Account may
involve deletion of your User Content associated with your Account
from our live databases. Company will not have any liability
whatsoever to you for any termination of your rights under these
Terms, including for termination of your Account or deletion of your
User Content. Even after your rights under these Terms are
terminated, the following provisions of these Terms will remain in
effect: Sections 2.2 through 2.5, Section 3 and Sections 4 through
10.

10. Copyright
Policy.

Company respects the
intellectual property of others and asks that users of our Site do
the same. In connection with our Site, we have adopted and
implemented a policy respecting copyright law that provides for the
removal of any infringing materials and for the termination, in
appropriate circumstances, of users of our online Site who are repeat
infringers of intellectual property rights, including copyrights. If
you believe that one of our users is, through the use of our Site,
unlawfully infringing the copyright(s) in a work, and wish to have
the allegedly infringing material removed, the following information
in the form of a written notification (pursuant to 17 U.S.C. §
512(c)) must be provided to our designated Copyright Agent:

1. your physical or
electronic signature;

2. identification of
the copyrighted work(s) that you claim to have been infringed;

3. identification of
the material on our services that you claim is infringing and that
you request us to remove;

4. sufficient
information to permit us to locate such material;

5. your address,
telephone number, and e-mail address;

6. a statement that
you have a good faith belief that use of the objectionable material
is not authorized by the copyright owner, its agent, or under the
law; and

7. a statement that
the information in the notification is accurate, and under penalty of
perjury, that you are either the owner of the copyright that has
allegedly been infringed or that you are authorized to act on behalf
of the copyright owner.

Please note that,
pursuant to 17 U.S.C. § 512(f), any misrepresentation of material
fact (falsities) in a written notification automatically subjects the
complaining party to liability for any damages, costs and attorney’s
fees incurred by us in connection with the written notification and
allegation of copyright infringement.

11. General

11.1 Changes. These
Terms are subject to occasional revision, and if we make any
substantial changes, we may notify you by sending you an e-mail to
the last e-mail address you provided to us (if any), and/or by
prominently posting notice of the changes on our Site. You are
responsible for providing us with your most current e-mail address.
In the event that the last e-mail address that you have provided us
is not valid, or for any reason is not capable of delivering to you
the notice described above, our dispatch of the e-mail containing
such notice will nonetheless constitute effective notice of the
changes described in the notice. Any changes to these Terms will be
effective upon the earlier of thirty (30) calendar days following our
dispatch of an e-mail notice to you (if applicable) or thirty (30)
calendar days following our posting of notice of the changes on our
Site. These changes will be effective immediately for new users of
our Site. Continued use of our Site following notice of such changes
shall indicate your acknowledgement of such changes and agreement to
be bound by the terms and conditions of such changes.

11.2 Dispute
Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

(a) Any and all
controversies, disputes, demands, counts, claims, or causes of action
(including the interpretation and scope of this clause, and the
arbitrability of the controversy, dispute, demand, count, claim, or
cause of action) between you and Company and our employees, agents,
successors, or assigns, regarding or relating to the Site or these
Terms shall exclusively be settled through binding and confidential
arbitration.

(b) Arbitration
shall be subject to the Federal Arbitration Act and not any state
arbitration law. The arbitration shall be conducted before one
commercial arbitrator with substantial experience in resolving
commercial contract disputes from the American Arbitration
Association (“AAA”) or JAMS. As modified by these Terms, and
unless otherwise agreed upon by the parties in writing, the
arbitration will be governed by the AAA’s or JAMS’s rules for
commercial arbitration and, if the arbitrator deems them applicable,
the procedures for consumer-related disputes.

(c) You are thus
GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights
EXCEPT for matters that may be taken to small claims court. Your
rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or
jury. You are entitled to a FAIR HEARING, BUT the arbitration
procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN
COURT. Arbitrator decisions are as enforceable as any court order and
are subject to VERY LIMITED REVIEW BY A COURT.

(d) You and we must
abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR US
MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE
PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A
REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE
RELIEF, (3) in the event that you are able to demonstrate that the
costs of arbitration will be prohibitive as compared to costs of
litigation, we will pay as much of your filing and hearing fees in
connection with the arbitration as the arbitrator deems necessary to
prevent the arbitration from being cost-prohibitive as compared to
the cost of litigation, (4) we also reserve the right in our sole and
exclusive discretion to assume responsibility for all of the costs of
the arbitration; (5) the arbitrator shall honor claims of privilege
and privacy recognized at law; (6) the arbitrator’s award shall be
final and may be enforced in any court of competent jurisdiction; (7)
the arbitrator may award any individual relief or individual remedies
that are permitted by applicable law; and (8) each side pays its own
attorneys’ fees and expenses unless there is a statutory provision
that requires the prevailing party to be paid its fees’ and
litigation expenses, and then in such instance, the fees and costs
awarded shall be determined by the applicable law.

(e) Notwithstanding
the foregoing, either you or we may bring an individual action in
small claims court. Further, claims of infringement or
misappropriation of the other party’s patent, copyright, trademark,
or trade secret shall not be subject to this arbitration agreement.
Such claims shall be exclusively brought in the state or federal
courts in which our principal place of business is located.
Additionally, notwithstanding this agreement to arbitrate, either
party may seek emergency equitable relief before the state or federal
courts in which our principal place of business is located in order
to maintain the status quo pending arbitration, and hereby agree to
submit to the exclusive personal jurisdiction of the courts located
within the state in which our principal place of business is located
for such purpose. A request for interim measures shall not be deemed
a waiver of the right to arbitrate.

(f) With the
exception of subparts (1) and (2) in Section 10.2(d) above
(prohibiting arbitration on a class or collective basis), if any part
of this arbitration provision is deemed to be invalid, unenforceable
or illegal, or otherwise conflicts with the Agreement, then the
balance of this arbitration provision shall remain in effect and
shall be construed in accordance with its terms as if the invalid,
unenforceable, illegal or conflicting provision were not contained
herein. If, however, either subparts (1) and (2) in Section 10.2(d)
(prohibiting arbitration on a class or collective basis) is found to
be invalid, unenforceable or illegal, then the entirety of this
arbitration provision shall be null and void, and neither you nor we
shall be entitled to arbitration. If for any reason a claim proceeds
in court rather than in arbitration, the dispute shall be exclusively
brought in state or federal court in the state in which our principal
place of business is located.

(g) Notwithstanding
any provision in this Agreement to the contrary, if we seek to
terminate the Dispute Resolution section as included in these Terms,
any such termination shall not be effective until 30 days after the
version of these Terms not containing the agreement to arbitrate is
posted to the Site, and shall not be effective as to any claim of
which you provided Company with written notice prior to the date of
termination.

(h) For more
information on AAA, its Rules and Procedures, and how to file an
arbitration claim, you may call AAA at 800-778-7879 or visit the AAA
website at http://www.adr.org. For more information on JAMS, it’s
Rules and Procedures, and how to file an arbitration claim, you may
call JAMS at 800-352-5267 or visit the JAMS website at
http://www.jamsadr.com.

(i) Any and all
controversies, disputes, demands, counts, claims, or causes of action
between you and Company and our employees, agents, successors, or
assigns, regarding or relating to these Terms or the Site shall
exclusively be governed by the internal laws of the state in which
our principal place of business is located, without regard to its
choice of law rules and without regard to conflicts of laws
principles except that the arbitration provision shall be governed by
the Federal Arbitration Act. The United Nations Convention on
Contracts for the International Sale of Goods shall not apply to
these Terms.

11.3 Export. The
Site may be subject to U.S. export control laws and may be subject to
export or import regulations in other countries. You agree not to
export, reexport, or transfer, directly or indirectly, any U.S.
technical data acquired from Company, or any products utilizing such
data, in violation of the United States export laws or regulations.

11.4 Disclosures.
Company is located at the address in Section 10.8. If you are a
California resident, you may report complaints to the Complaint
Assistance Unit of the Division of Consumer Product of the California
Department of Consumer Affairs by contacting them in writing at 400 R
Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

11.5 Electronic
Communications. The communications between you and Company use
electronic means, whether you use the Site or send us emails, or
whether Company posts notices on the Site or communicates with you
via email. For contractual purposes, you (a) consent to receive
communications from Company in an electronic form; and (b) agree that
all terms and conditions, agreements, notices, disclosures, and other
communications that Company provides to you electronically satisfy
any legal requirement that such communications would satisfy if it
were be in a hardcopy writing. The foregoing does not affect your
non-waivable rights.

11.6 Entire Terms.
These Terms constitute the entire agreement between you and us
regarding the use of the Site. Our failure to exercise or enforce any
right or provision of these Terms shall not operate as a waiver of
such right or provision. The section titles in these Terms are for
convenience only and have no legal or contractual effect. The word
“including” means “including without limitation”. If any
provision of these Terms is, for any reason, held to be invalid or
unenforceable, the other provisions of these Terms will be unimpaired
and the invalid or unenforceable provision will be deemed modified so
that it is valid and enforceable to the maximum extent permitted by
law. Your relationship to Company is that of an independent
contractor, and neither party is an agent or partner of the other.
These Terms, and your rights and obligations herein, may not be
assigned, subcontracted, delegated, or otherwise transferred by you
without Company’s prior written consent, and any attempted
assignment, subcontract, delegation, or transfer in violation of the
foregoing will be null and void. Company may freely assign these
Terms. The terms and conditions set forth in these Terms shall be
binding upon assignees.

11.7
Copyright/Trademark Information. Copyright ©2023 OneMob, Inc. All
rights reserved. All trademarks, logos and service marks (“Marks”)
displayed on the Site are our property or the property of other third
parties. You are not permitted to use these Marks without our prior
written consent or the consent of such third party which may own the
Marks.

11.8 Contact
Information.

legal@onemob.com