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12. Assignment. Customer's rights under this Agreement may not be transferred, leased, assigned, or sublicensed, including without limitation to any successor In interest, without the prior written consent of Mobile Citizen. Any purported attempt to transfer, lease, assign or sublicense Customer's rights without the consent of Mobile Citizen will be void, and Mobile Citizen may immediately terminate this Agreement without liability. Notwithstanding the foregoing, all provisions of this Agreement shall be binding upon Customer.'s successors and permitted assigns. 13.-Governing Law. Any question, controversy or dispute arising out of or related to this Agreement (a "Dlspute") shall be governed by and interpreted in accordance with the laws of the State of California, without regard to conflict of laws principles. To the extent permitted by law, the parties hereby expressly waive the right to a trial by Jury. 14. Content and security. Any material downloaded or otherwise obtained through use of the Services Is accessed at Customer's and Permitted Users' own discretion and risk. The Mobile Citizen Parties do not control and are not responsible for any third -party websites, content, services or products that Customer may access or encounter during use of the Service, and the Mobile Citizen Parties and the Provider each reserve the right to engage in reasonable network management to protect the overall integrity of the Provider's network, including detecting malicious traffic patterns and attempting to prevent the distribution of viruses or other malicious code, and through techniques such as reducing the aggregate bandwidth available to excessive bandwidth users during periods of congestion. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use will be determined primarily by resource consumption. The Provider's network management practices may entail the inspection and storage of network traffic, the provision of network traffic to third parties and/or the use of network traffic for non -network management purposes. For further information, please refer to the Provider AUP and Provider T&C, which form a part of this Agreement. The Mobile Citizen Parties and the Provider also have the right to take actions either of them deem reasonably necessary to protect any individual or entity, comply with applicable laws, regulations, or government requests,, or to enforce the terms of the Agreement. Customer acknowledges that the Internet and wireless communications are not Inherently secure means of data communication, the Mobile Citizen Parties shall have no liability for breaches of security beyond their reasonable control, Including, without limitation, Customer's negligence with respect to controlling access to the Service or Customer's data. It is the sole responsibility of Customer to obtain and implement appropriate security devices, software, and other measures (including without limitation flrewalls) to protect Customer's systems and data from theft, viruses, worms, Trojan horses, or other security threats, and the Mobile Citizen Parties have no responsibility or liability with regard thereto. 15. Notices. Except where the Agreement provides otherwise, all notices, required or permitted under this Agreement shall be delivered in writing in person or by courier, overnight delivery or by certified or registered mail (postage prepaid and return receipt requested) to the address set forth in the Customer Registration Form (in the case of the Customer) and in the case of Mobile Citizen delivered to: Mobile Citizen LLC, 825 Delaware Street, Ste. 500, Longmont, CO 80501. Notice hereunder will be effective upon certified delivery. Either party may change the notice address by Notice to the other party. 16. General. None of the Mobile Citizen Parties or Provider shall be responsible or liable in any manner under this Agreement for any failure in the Service or Mobile Citizen's performance of this Agreement to the extent that such failure is due to acts of God, failure of suppliers or other causes beyond its control or by reason of a change in the Service as provided in Section 10 above. Except as otherwise provided in Section 10, no amendment or modification of this Agreement shall be valid unless made in writing and signed by duly authorized representatives of each party. If any part of this Agreement is found invalid (Including without limitation any conflict with any applicable law or regulation) such 10 1W131192.11