Below are the terms and conditions (“Agreement”) for using Asurion Mobile Applications, Inc.’s (“Asurion Mobile”) Mobile Recovery application (“Mobile Recovery”). The words "Asurion Mobile," "we," "us" and "our" collectively refer to Asurion Mobile Applications, Inc. and its parent, subsidiaries and affiliates. Please read this Agreement carefully before installing, electronically downloading or using Mobile Recovery. By installing, electronically downloading or using Mobile Recovery, You (as the subscriber to the Mobile Recovery service, “You” or Your”) are agreeing to be legally bound by all of the terms and conditions set forth in this Agreement. If You, as the subscriber to the Mobile Recovery service, permit, authorize, provide access to or otherwise allow any other individual to use the Mobile Recovery service and/or Mobile Recovery, such individuals shall be deemed to be included in the terms “You” or “Your” as used in this Agreement. If You do not agree to (or cannot comply with) all of the terms and conditions of this Agreement, You will not have the right to, and may not, install, electronically download or use Mobile Recovery.
Asurion Mobile may amend, revise or replace this Agreement in whole or in part, at any time, without prior notice to You, or if not permitted under applicable law, Asurion Mobile will provide You thirty (30) days notice or such longer period required under applicable law. You should, from time to time, review the then-current version of this Agreement located on the [Asurion Mobile website].
You agree to pay all fees charged, if any, to Your wireless service account for the availability of Mobile Recovery and any associated data usage charges related to the use of Mobile Recovery. Any fees for Mobile Recovery, or the related service package, will be charged to Your wireless service account on a monthly basis for so long as You have subscribed to the Mobile Recovery or related service package, regardless of whether You have electronically downloaded, installed or used Mobile Recovery. Asurion Mobile reserves the right to change the fees for Mobile Recovery or the related service package at any time; provided that Asurion Mobile will take commercially reasonable efforts to provide You with prior notice of any such change. If You fail to pay the charges for Mobile Recovery when due, Your wireless carrier will be entitled to pursue any and all legal remedies to collect the amounts owed by You, including fees for Mobile Recovery or the related service package]. Additionally, if You fail to pay the fees for Mobile Recovery or the related service package, Your wireless carrier will be entitled to, and is hereby authorized to, suspend the provision of the Mobile Recovery service and disable Your use of Mobile Recovery until such fees have been fully paid.
Mobile Recovery may utilize SMS messaging as part of its functionality. You acknowledge that Your wireless carrier may charge additional fees for SMS services, that any such additional fees charged by Your wireless carrier for services utilized by Mobile Recovery are solely Your responsibility and that Your failure to pay such additional fees may result in Your wireless carrier suspending the provision of the Mobile Recovery service and disabling Your use of Mobile Recovery until such fees have been fully paid.
Asurion Mobile shall not be responsible for any failure in the functionality of Mobile Recovery or the Mobile Recovery service caused by or resulting from Your failure to pay any amounts when due.
2. Mobile Recovery Registration, Activation And Password Security
You acknowledge and agree that Mobile Recovery and the Mobile Recovery service offered by Asurion Mobile, and its partners and licensees (including, without limitation, Your wireless carrier) may rely on location information. By activating the Mobile Recovery service, You acknowledge and agree that Asurion Mobile, and its partners and licensees (including, without limitation, Your wireless carrier) may transmit, collect, store, maintain, process, use and disclose to third parties information concerning the location of Your device(s), including real-time geographic location data (“Location Information”) for the purposes of providing you the Mobile Recovery services. You agree that it is Your responsibility to notify any users of Your device(s) concerning this disclosure of location information and that neither Asurion Mobile nor any of its partners and licensees (including, without limitation, Your wireless carrier) shall have any liability resulting from such failure to notify. You may withdraw Your consent to the foregoing at any time by disabling the location-enabling features of Your device(s) (such as global positioning system (GPS) features or functionality). You acknowledge and agree that Asurion Mobile shall not be responsible for any failure in the functionality of Mobile Recovery or the Mobile Recovery service caused by or resulting from disabling the location-enabling features of Your device(s).
Before You are able to access and use Mobile Recovery, You must create a login and password during the creation of Your Mobile Recovery service account (Your “Account”). You are solely responsible for all activities that occur in connection with Your Account (whether or not such activities occur with Your knowledge or consent). You are also solely responsible for maintaining the confidentiality of the login and password for Your Account, and You shall be solely liable for any claims, damages, costs or other liabilities resulting from or caused by any failure to do so. You agree to immediately notify Your wireless carrier of any suspected or actual unauthorized access to or use of Your Account or any other breach of Account security known to You. You have the capability to change the password for Your Account at any time.
You may use Mobile Recovery to request the best available location for the requested device. When You initialize a Mobile Recovery location request for a device, Mobile Recovery will send a notification to the device via SMS text message that the device is trying to be located remotely.
3. Privacy and Consent To Data Collection
4. Safe and Lawful Use of Mobile Recovery
You agree (i) to use Mobile Recovery and the Location Information provided thereby only for lawful purposes, (ii) to comply with all applicable laws and rules and any additional terms that Asurion Mobile may incorporate into this Agreement, and (iii) not to use or permit others to use Mobile Recovery while operating heavy machinery or engaging in any activity where insufficient attention on your part could result in personal injury, death or property damage. You agree that You will not misuse or fraudulently use Mobile Recovery and that You will be responsible for any liability (including any attorneys’ fees and legal expenses) incurred by Asurion Mobile or any other party caused by or resulting from Your misuse or fraudulent use of Mobile Recovery or Your failure to comply with the terms of this Agreement. As noted above, Asurion Mobile may amend, revise or replace this Agreement in whole or in part, at any time, without prior notice to You. It is your responsibility to ensure that you are familiar with the terms of the most-recent version of this Agreement [located on the Asurion Mobile website].
Misuse or fraudulent use includes, but is not limited to, the following:
- Using Mobile Recovery in such a manner so as to unreasonably interfere with (i) the use of Mobile Recovery by any other users or customers of a wireless services provider, or (ii) Asurion Mobile’s ability to provide Mobile Recovery
- Using Mobile Recovery for any illegal or unauthorized purpose
- Backing up any content that You do not have legal right to use and/or copy
- Committing or permitting others to commit subscription fraud or unauthorized access to Mobile Recovery
- Using Mobile Recovery to slander, defame, harass, stalk, threaten or otherwise violate the legal rights of others
- Using Mobile Recovery to disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images or materials
- Using Mobile Recovery to promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual
- Using Mobile Recovery without permission on a device, regardless of whether it is a stolen, lost or unauthorized device
- Using Mobile Recovery to attempt, or assist another to attempt, to access, alter, or interfere with the communications and/or information about another user or customer of a wireless services provider
- Using Mobile Recovery to tamper with or make an unauthorized connection to the network any wireless service provider
- Reselling or re-billing the Mobile Recovery services to any other individual or entity
5. Limitation of Service
You acknowledge and agree that Mobile Recovery may provide You or Asurion Mobile, and its partners and licensees (including, without limitation, Your wireless carrier) with an approximate location of Your device(s) only, and that Mobile Recovery is not able to provide the exact geographical location of the device(s). Asurion Mobile does not guarantee or warrant the accuracy of Mobile Recovery’s results following a request to provide location information or a request to erase the content of the device. In order for Mobile Recovery to function, the wireless device on which Mobile Recovery has been installed must (among other factors) be turned on, charged and located within the coverage area of Your wireless provider. The accuracy of the location information obtained through use of Mobile Recovery is subject to network capabilities, environmental conditions such as structures, buildings, weather, geography, landscape, and topography, available data, atmospheric conditions and other factors associated with use of wireless networks, satellites and satellite data. By entering into this agreement, You acknowledge that the results You may obtain from Your use of Mobile Recovery including, but not limited to, content removal, directions, maps, and requested locations or messaging, may not be accurate, timely or reliable. Asurion Mobile reserves the right to set limits on the use of Mobile Recovery at its discretion. You are not authorized to, and may not, use Mobile Recovery to locate devices that are not located in the United States. When trying to physically recover a device using Mobile Recovery, You should be cautious of attempting to physically recover the device in an unfamiliar location. You acknowledge and agree that in no event shall Asurion Mobile or its partners or licensees including, without limitation, Your wireless carrier) have any liability as a result of, caused by or in connection with any attempt to physically recover the device. You acknowledge that using Mobile Recovery to erase content and data from your device is a non-reversible action and that Mobile Recovery is not necessarily compatible with any data backup application you may be utilizing on Your device. Your content and data may not be recoverable even if You utilize a data backup application on Your device.
6. Suspension and Termination
Without prejudice to any other rights, Asurion Mobile reserves the right to suspend and/or terminate, or authorize or cooperate with Your wireless provider in suspending and/or terminating, Your access to Mobile Recovery or the related service package at any time for any or no reason and without notice to You. You may terminate Mobile Recovery at any time by notifying Your wireless carrier via Your wireless device, Your online Account, a phone call to Your wireless carrier customer service, or any other method specified by Asurion Mobile or Your wireless carrier. Any cancellation by You shall become effective upon receipt of Your cancellation notice by Your wireless carrier.
Upon any termination of Mobile Recovery, Asurion Mobile shall have no further liability to You or any further obligations under this Agreement.
You acknowledge that (a) Mobile Recovery contains proprietary and confidential information that is protected by applicable intellectual property and other laws and (b) Asurion Mobile has the legal right or owns all right, title and interest in and to Mobile Recovery and software provided through or in conjunction with Mobile Recovery, including without limitation all Intellectual Property Rights therein and thereto. For the purposes of this Agreement, "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that You will not, and will not allow, permit or enable any third party to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Mobile Recovery, unless otherwise expressly permitted in writing by Asurion Mobile, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including, without limitation, any digital rights management functionality) contained in Mobile Recovery, (iii) use Mobile Recovery to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter Asurion Mobile's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Mobile Recovery. You acknowledge and agree that Mobile Recovery is licensed to You, and that You have no ownership interest in Mobile Recovery or any software provided through or in conjunction with Mobile Recovery.
8. Automatic Updates
Mobile Recovery may, from time to time, communicate with the servers of Asurion Mobile or Your wireless provider to check for available updates to Mobile Recovery, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). By installing Mobile Recovery, You agree and consent to such communication and the automatic download and installation of such Updates. Upon installation, any such Updates shall be deemed to be a part of Mobile Recovery for the purposes of this Agreement.
9. Grant of License
Subject to Your compliance with the terms and conditions of this Agreement, Asurion Mobile hereby grants You a revocable, limited, non-transferable and non-exclusive license to install and use Mobile Recovery on Your mobile device (such as mobile phones, personal digital assistants or other digital electronic devices) in the United States, solely for the purpose of accessing and using the online Mobile Recovery service offered by Asurion Mobile or Your wireless provider on your device or at the website specified by Asurion Mobile or Your wireless provider, as applicable. The foregoing license is expressly limited to Your personal and non-commercial use. Unless otherwise specified herein or expressly agreed to in writing by Asurion Mobile, You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, lease or sell Mobile Recovery, or any information, products or services obtained from, or used in conjunction with Mobile Recovery. All rights in Mobile Recovery not expressly granted under this Agreement are reserved to Asurion Mobile.
10. Representations and Warranties
You represent and warrant that You have the authority to agree to the terms and conditions specified in this Agreement on behalf of Yourself and any users who have access to Mobile Recovery. You also represent and warrant that Your use of Mobile Recovery will be solely for Your personal and lawful use and for no other purpose, that you will only use Mobile Recovery and the Mobile Recovery service in the United States and that You will comply with all applicable laws and rules and the terms and conditions of this Agreement.
11. Export Restrictions
Mobile Recovery may be subject to export controls or restrictions by the United States or other countries or territories. You agree to (i) comply with the requirements of the U.S. Department of Commerce (“DOC”) Export Administration Regulations (“EAR”)), the U.S. International Traffic in Arms Regulations (“ITAR”), applicable U.S. sanctions and embargoes administered by the U.S. Department of Treasury, and all applicable international, national, state, regional and local laws, and regulations, including without limitation any applicable import and use restrictions, to the extent that any of the foregoing apply to You, (ii) not download or otherwise export, or re-export, directly or indirectly, Mobile Recovery to Cuba, Iran, N. Korea, Sudan or Syria or any country to which the U.S. maintains an economic embargo, to or by a national of Cuba, wherever located, or a resident of Iran, N. Korea, Sudan, or Syria, nor to any person or entity on the DOC’s Denied Persons, Entities and Unverified Lists, the U.S. Department of State's Debarred List, or the U.S. Department of Treasury's Specially Designated Nationals (“SDN”) List, (iii) not export, or re-export Mobile Recovery to any military entity not approved under the EAR, or to any other entity for any military purpose, and (iv) not license, sell, provide or distribute Mobile Recovery for use in connection with chemical, biological, or nuclear weapons or missiles capable of delivering such weapons. Diversion of this product contrary to applicable law is prohibited.
12. DISCLAIMER OF WARRANTIES
a) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF MOBILE RECOVERY IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS YOURS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOBILE RECOVERY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASURION MOBILE AND ITS PARTNERS (INCLUDING YOUR WIRELESS CARRIER), LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “ASURION PARTIES”) MAKE NO AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ASURION PARTIES MAKE NO WARRANTY (I) AGAINST INTERFERENCE OF YOUR ENJOYMENT OF MOBILE RECOVERY, (II) THAT MOBILE RECOVERY WILL MEET YOUR REQUIREMENTS, (III) THAT THE OPERATION OF MOBILE RECOVERY WILL BE UNINTERRUPTED, ERROR-FREE OR BUG-FREE, (IV) REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF MOBILE RECOVERY, (V) THAT ANY ERRORS IN MOBILE RECOVERY WILL BE CORRECTED OR (VI) THAT MOBILE RECOVERY WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, HARDWARE, SERVICES OR APPLICATIONS.
c) ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MOBILE RECOVERY IS DONE AT YOUR OWN DISCRETION AND RISK AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA OR ANY OTHER LOSS OR DAMAGES OF ANY KIND THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
d) YOU ACKNOWLEDGE AND AGREE THAT MOBILE RECOVERY IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, WEAPON SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER ACTIVITIES, SITUATIONS OR ENVIRONMENTS WHERE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY MOBILE RECOVERY COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OF ANY KIND THAT RESULTS FROM SUCH USE.
e) NO ADVICE, COURSE OF CONDUCT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASURION MOBILE OR ANY OTHER PARTY OR THROUGH MOBILE RECOVERY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ASURION PARTIES EXPRESSLY DISCLAIM ALL LIABILITY, AND IN NO EVENT SHALL THE ASURION PARTIES BE LIABLE, FOR PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR REVENUES, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE DATA OR ANY OTHER PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE MOBILE RECOVERY, ANY SOFTWARE OR SERVICES USED IN CONJUNCTION WITH MOBILE RECOVERY OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ASURION MOBILE, ITS AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF ASURION MOBILE, ITS AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR MOBILE RECOVERY. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
As a condition of Your use of Mobile Recovery and with respect to third-party claims, You agree to indemnify, defend, and hold harmless the Asurion Parties and their respective officers, directors, employees, agents, contractors, suppliers, successors, and assigns (collectively, the “Indemnified Parties“) from and against any judgments, claims, actions, losses, damages, liabilities, costs, or expenses (including, but not limited to, reasonable attorneys' fees and legal expenses) of any kind arising from Your use of Mobile Recovery or related software, or from or attributable to any breach by You of Your obligations established herein or any privacy, employee, or consumer protection right that is implicated herein and by Mobile Recovery. All indemnification obligations hereunder shall continue in effect even after, and notwithstanding, any subsequent revocation of consent or the expiration or termination of Your customer relationship with Asurion Mobile or Your wireless provider. Asurion Mobile reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify any Indemnified Party, and You agree to cooperate with our defense of such claims.
Any claim, controversy or dispute arising out of or related to the marketing, advertising, or sale, or Your use, of Mobile Recovery between the Asurion Mobile and You that cannot be settled by private negotiation shall be resolved solely and exclusively by final and binding arbitration (“Arbitration”). Such Arbitration shall be administered by the San Francisco, California office of the American Arbitration Association (“AAA”) and conducted pursuant to the rules of the AAA governing commercial disputes then in effect (“Rules”). The Arbitration hearing shall take place in San Mateo, California (unless otherwise agreed by all parties to the Arbitration) before a single neutral arbitrator licensed to practice law selected by the parties or appointed in accordance with the Rules. The arbitrator shall be bound to apply the laws of the State of California, without regard to conflicts of laws provisions thereof, and, where applicable, federal statutory law. The arbitrator shall have authority to award compensatory damages only, and You expressly waive the right to seek any punitive damages in any Arbitration hereunder. To submit a matter to Arbitration, the party seeking redress shall notify in writing the party against whom such redress is sought, describe the nature of such claim and the material facts surrounding such claim. The arbitrator shall render a single written decision. The arbitrator’s award shall be final and binding and may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorney’s fees in connection with any Arbitration arising hereunder, and the fees and expenses in connection with such Arbitration shall be borne equally be the parties. Notwithstanding anything to the contrary herein, neither party is precluded from seeking injunctive relief in any court of competent jurisdiction. All controversies, claims, or disputes, including any representative claims against us and/or related third parties shall be resolved by binding arbitration only on an individual basis. Therefore, You waive the right to file, participate in, or be a member of any class action lawsuit, representative action, or class arbitration. The arbitrator shall not allow You to serve as a representative, as a private attorney general, or in any other representative capacity for others in any arbitration arising hereunder. It is an indispensable condition of the arbitration that there will be no class arbitration. You may opt out of this Arbitration provision within 30 days of the date You download Mobile Recovery by sending a letter with Your request to the address below.
By using Mobile Recovery, You consent to receive all communications, including notices, agreements, legally required disclosures or other information in connection with Mobile Recovery (collectively, “Notices”) in electronic format. Asurion Mobile may provide such Notices by posting them on Asurion Mobile's website, by sending a free text message to Your wireless device, or by downloading such Notices to Your wireless device. If You withdraw Your consent to receive Notices electronically, You will be deemed to have concurrently discontinued Your use of Mobile Recovery and You shall no longer be entitled to use Mobile Recovery.
This Agreement, including any addendum or amendment to this Agreement, comprises the entire agreement between You and Asurion Mobile relating to Mobile Recovery and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to Mobile Recovery or any other subject matter covered by this Agreement. To the extent the terms of any other Asurion Mobile agreements between You and Asurion Mobile conflict with the terms of this Agreement, the terms of this Agreement shall control. The failure of Asurion Mobile to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid or contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the parties’ intentions, and the other provisions of the Agreement shall remain in full force and effect. 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 Mobile Recovery or to the Agreement must be commenced within one (1) year after such claim or cause of action arose or You waive such claim or cause of action. This Agreement is governed by the laws of the State of California.