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ACTS OR OMISSIONS OF ANY OTHER MOBILE CITIZEN PARTY, THE PROVIDER OR THIRD <br />PARTIES IN CONNECTION WITH SUPPORT SERVICES. Provider will only provide Support <br />Services for Equipment purchased through Mobile Citizen, through the Provider or an authorized <br />Provider dealer. <br />9. Service Modification and Discontinuation. Mobile Citizen and the Provider reserve the right at any <br />time to in any way modify, edit, suspend or discontinue the Service or the Support Services made <br />available hereunder with or without notice. In the event of Service discontinuation or of Service <br />changes causing a material adverse effect on the quality or availability of Service, the Customer may, <br />as Its and the Permitted Users' sole and exclusive remedy arising out of this Agreement, terminate <br />the affected Subscriptions and the sole and exclusive liability of Mobile Citizen and the other Mobile <br />Citizen Parties shall be to pay Customer a refund of Subscription Fees previously paid for full, for <br />unused months remaining on the then -current Subscription Term. If such Subscription Fees were paid <br />for by a fiscal sponsor, Mobile Citizen will refund such fees to the fiscal sponsor. <br />10. Changes to Terms. Mobile Citizen reserves the right to make modifications to the terms of this <br />Agreement to comply with applicable laws or to account for changes in Mobile Citizen's business, <br />course of dealing with the Provider, or other factors. The Provider also reserves the right to change <br />or update the Provider AUP and`Provider T&C at any time. Mobile Citizen wilt make reasonable <br />attempts to provide Customer with notice of all changes (to the extent the Provider has not already <br />done so), which may include providing notice of the revised version of this Agreement on the Mobile <br />Citizen website. Notwithstanding any other provision of this Agreement, providing notice of the revised <br />version of this Agreement shall constitute sufficient notice. All such changes will be deemed effective <br />and accepted by Customer and Permitted Users upon their continued use of the Service thereafter; <br />provided, however, that if such modifications are not agreeable to Customer or to Permitted Users, <br />Custcmer may elect Instead (as its sole and exclusive remedy) to terminate the affected Subscriptions <br />within 30 days of the change and receive a refund of Subscription Fees paid for full, unused months <br />remaining on the then -current Subscription Term. if such Subscription Fees were paid for by a fiscal <br />sponsor, Mobile Citizen will refund such fees to the fiscal sponsor. <br />11. Limitation of Llabillty. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MOBILE CITIZEN <br />PARTIES' CUMULATIVE LIABILITY TO CUSTOMER AND TO ANY PERMITTED USER OR THIRD <br />PARTY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL BE <br />LIMITED TO TEN TIMES (10x) THE TOTAL SUBSCRIPTION FEES PAID BY CUSTOMER <br />AND/OR FISCAL SPONSOR TO MOBILE CITIZEN IN THE TWELVE (12) MONTHS PRIOR TO <br />THE DATE ON WHICH THE FIRST CLAIM AROSE. MULTIPLE CLAIMS WILL NOT ENLARGE <br />THiS LIMIT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MOBILE <br />CITIZEN PARTIES WILL HAVE NO LIABILITY WITH REGARD TO ANY DEFECT OR FAILURE OF <br />THE SERVICE, EQUIPMENT OR SUPPORT SERVICES, ANY LACK OR BREACHES OF <br />SECURITY OF THE SERVICE OR IN THE STORAGE OR INTEGRITY OF CUSTOMER'S OR ANY <br />PERMITTED USER'S DATA, ANY COST OF OBTAINING SUBSTITUTE GOODS, SERVICES OR <br />TECHNOLOGY. FURTHER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN <br />NO EVENT WILL THE MOBILE CITIZEN PARTIES BE RESPONSIBLE FOR ANY <br />CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES <br />WHATSOEVER (INCLUDING, WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS <br />INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR IN ANYWAY <br />RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE OR THE EQUIPMENT, <br />UNDER ANY THEORY, WHETHER CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, <br />STRICT OR PRODUCT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY EVEN IF SUCH <br />DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THEY HAVE BEEN ADVISED OF THE <br />POSSIBILITY OF SUCH DAMAGES. <br />10111192114 <br />