To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) will MPand our affiliates, agents, partners, licensors, suppliers and assigns, and our and their directors, officers, employees, consultants and other representatives (together with EP, the “MPParties”) be liable to you or to any other person for any damages, costs, or liabilities arising from these Terms or the Services, including without limitation any indirect, incidental, consequential, or special damages, (including, but not limited to, damages for expenses or business interruption, property damage, attorneys’ fees, or loss of use, data, revenue, income, profits, or value of assets or securities), even if an MPParty has been advised of the possibility of such damages. To the fullest extent allowed by applicable law, in no event will the aggregate liability of the MPParties exceed one hundred dollars ($100.00). The limitations of liability set forth in this section will not limit or exclude liability for our fraud, gross negligence, or intentional, willful, malicious, or reckless misconduct.

Indemnity. You agree to indemnify, defend (at EP’s request), and hold the MPParties harmless from and against any and all claims, liabilities, damages, losses, and expenses, (including without limitation, actual, indirect, incidental, consequential, and special damages, such as damages for expenses or business interruption, property damage, attorneys’ fees, and loss of use, data, revenue, income, profits, or value of assets or securities) arising from or related to any third-party claims relating to: (a) your alleged or actual violation of these Terms, (b) your use of the Services or Content, (c) your Feedback or User Content, (d) your violation, misappropriation, or infringement of any right of another, or (e) your violation of any applicable laws or regulations.

Dispute Resolution and Arbitration Please read the following section carefully because it requires you to submit to binding arbitration (and jury trial waiver) of any and all Disputes (other than specified intellectual property claims and small claims) with MPand limits the manner in which you can seek relief from EP. No class or representative actions or arbitrations are allowed under these Terms.

Some jurisdictions may limit or prohibit arbitration agreements or class action waivers. If you are a resident of such a jurisdiction, the arbitration agreement and class action waivers below are not applicable to you. Instead, the provisions requiring that Disputes be heard in small claims court will apply to any claims that you may have against EP. If your Dispute exceeds the monetary or other limits on jurisdiction of your local small claims court, any Dispute will be heard in federal or state courts, sitting in San Diego County, California.

Binding Arbitration; Disputes; Small Claims. You and MPagree to waive any right to a jury trial, or the right to have any Dispute resolved in any court, and instead accept the use of binding arbitration (which is either (a) the referral of a Dispute with an amount in controversy of less than $10,000.00 to one impartial person for a final and binding arbitration, or (b) the referral of a Dispute with an amount in controversy of $10,000.00 or more to three impartial persons for a final and binding determination); provided, however, that you have the right to litigate any Dispute in small claims court if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the Dispute, are satisfied. You agree to bring a Dispute in small claims court only in your county of residence or San Diego County, California. “Dispute” as used in these Terms means any dispute, cause of action, claim, or controversy arising out of or in any way related to these Terms or the Services, including but not limited to personal injury disputes and disputes that involve third parties (such as developers of content), except any dispute, cause of action, claim, or controversy relating to your or EP’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and/or patents). This Dispute Resolution and Arbitration section does not prevent the parties from seeking public injunctive relief in a court of competent jurisdiction.

No Class Arbitrations, Class Actions, or Representative Actions. You and MPagree that any Dispute is personal to you and EP, and that any Dispute will be resolved only by an individual arbitration and will not be brought, whether inside or outside of arbitration, as a class or representative action, or on behalf of any other person or persons.

Federal Arbitration Act. You and MPagree that these Terms affect interstate commerce and that the enforceability of this section will be governed by, construed, and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), to the maximum extent permitted by applicable law, consistent with the Governing Law provisions below.

Confidentiality. The arbitrators, EP, and you will maintain the confidentiality of any proceedings, including but not limited to any and all information gathered, prepared, and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrators will have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.

Process. Our goal is to resolve claims fairly and quickly. Accordingly, for any Dispute that you have against EP, you agree to first contact MPand attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to MPby email at info@moviphones.com or by certified mail addressed to General Counsel, Wireless Mobi Solution, Inc. 6540 Lusk Blvd, Suite C-208, San Diego, CA, 92121 United States. The Notice must (a) include your name, residence address, email address, and mobile telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and MPcannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may, as appropriate in accordance with this section, submit the Dispute to binding arbitration administered by JAMS or, where applicable, in court. You will have the right to an in-person hearing in your hometown area. In the case of a Dispute with an amount in controversy of less than $10,000.00, the JAMS Streamlined Arbitration Rules & Procedures will apply. In the case of a Dispute with an amount in controversy of $10,000.00 or more, the JAMS Comprehensive Arbitration Rules & Procedures will apply, and each party will pick one arbitrator, with those two arbitrators picking the third arbitrator who will be the chief arbitrator. In the event that JAMS declines or is unable to administer the arbitration, you and MPagree to have the arbitration administered by the American Arbitration Association (“AAA”), or another mutually agreed-upon administrator, in accordance with the AAA Consumer Arbitration Rules. If, after making a reasonable effort, you and MPare not able to agree upon an arbitration forum, JAMS will appoint an arbitration forum or arbitrators. The arbitration will be conducted in accordance with either the JAMS Streamlined Arbitration Rules & Procedures or the JAMS Comprehensive Arbitration Rules & Procedures, as indicated above (collectively, the “JAMS Rules”) then in effect, and you agree that such rules are subject to changes that JAMS may make from time to time. The JAMS Rules and other information about JAMS and arbitration are available at https://www.jamsadr.com, or by calling 1-800-352-5267. By agreeing to these Terms, you either (1) acknowledge that you have read and understand the JAMS Rules or (2) waive reading the JAMS Rules. You and MPagree that the terms set forth in these Terms govern the arbitration. You and MPagree that any Dispute must be commenced or filed within one year after such claim arises; otherwise, the Dispute is permanently barred.

As limited by the FAA, these Terms, and the applicable JAMS Rules, the arbitrators will have the exclusive power and jurisdiction to make all procedural and substantive decisions concerning the Dispute, including the power to determine the question of arbitrability; provided, however, that this power does not include the power to conduct a class arbitration or a representative action, which is prohibited by these Terms (as stated above). The arbitrators may conduct only an individual arbitration, may not consolidate more than one person’s claims, and may not preside over any form of representative or class proceeding or any proceeding on behalf of or involving more than one person.

Fees and Award. If you initiate a Dispute, you will be required to pay a $250 filing fee, which is approximately equivalent to current court filing fees. All costs associated with the arbitration will be paid by EP. The party that does not prevail in the Dispute will be required to pay the other party’s fees and costs, including attorneys’ fees, unless you live in California, in which case MPwill pay its own fees and costs. An arbitrator’s award will consist of a written statement stating the disposition of each claim and will provide a concise written statement of the findings and conclusions on which the award is based.

Opt Out. You may opt out of this dispute resolution procedure by providing notice to MPno later than thirty (30) calendar days from the date you first accepted these Terms and used the Services. To opt out, you must send notice by e-mail to info@moviphones.com, with the subject line: “Arbitration Opt Out,” and include in the e-mail (a) your name and address and (b) the date on which you first accepted these Terms and used the Services. Alternatively, you may opt out by mailing an opt-out request with the same information to General Counsel, Wireless Mobi Solution, Inc. 6540 Lusk Blvd, Suite C-208, San Diego, CA, 92121 United States, postmarked no later than thirty (30) days from the date you first accepted these Terms and used the Services. These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure.

Severability and Survival. If any portion of this Dispute Resolution and Arbitration section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the arbitration section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Dispute Resolution and Arbitration section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect, and the remainder of this Dispute Resolution and Arbitration section will be enforceable.

Severability If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Governing Law. he FAA applies to the agreement to arbitrate to the maximum extent allowable. Except as preempted by FAA, the laws of the State of California, without reference to its choice of law principles, will govern these Terms. With the exception of Disputes in small claims court or in arbitration, the parties agree to exclusive jurisdiction and venue in the state or federal courts sitting in San Diego County, California for any claims arising out of a Dispute relating to these Terms.