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MOBILE UPDATE ME RECIPIENT AGREEMENT
1. Terms. By checking the acceptance box and downloading the Mobile Update Me application (the “App”), provided by JPB Enterprise, LLC, d/b/a Mobile Update Me, a New Mexico Limited Liability Company (“MUM”), you agree to be bound by this Mobile Update Me User Agreement and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this App. The materials contained in the App are protected by applicable copyright and trademark law.
2. About MUM. MUM operates the Mobile Update Me website (http://www.mobileupdate.me) and App (collectively referred to as the “Service”) as a fee-based service (MUM) as an application to aid in the ability of municipalities, businesses, or other person/entity including yourself who has entered your contact information and that wants to provide you with emergency notifications (“Entity”), to broadcast communications to all individuals subscribed to the Service of Entity (“Users” or “You”).
3. Use License. Permission is granted to download an unlimited number of copies of the App. This is the grant of a license, not a transfer of title, and under this license you may not: attempt to decompile or reverse engineer the App or any related software associated with or on the MUM website. This license shall automatically terminate if you violate any of these restrictions and may be terminated by MUM at any time.
4. Entity Submissions. YOU WILL RECEIVE AN EMAIL FROM ENTITY WITH DOWNLOAD INSTRUCTIONS AND LOGIN CREDENTIALS. ONCE YOU HAVE DOWNLOADED THE APP AND ENTERED LOGIN CREDENTIALS YOU WILL BE SECURELY CONNECTED TO ENTITY. YOU ARE NOW READY TO RECEIVE ALERTS FROM ENTITY.
5. Intellectual Property. All content that appears on or forms part of this App, except for Submissions, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of MUM or its affiliates. By continuing to use the App you acknowledge that such material is protected by applicable intellectual property and other laws.
6. Warranties. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, MUM DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, WARRANTIES WITH RESPECT TO THE APP, ANY CONTENT (INCLUDING SUBMISSIONS) ON THE APP, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
7. Downtime. MUM will use its reasonable commercial efforts to ensure the continuous availability of the Service, but MUM makes no commitments regarding any particular uptime level due to periodic maintenance and/or factors which are beyond the control of MUM such as mechanical, telecommunication, software, hardware and third-party vendor failures, etc. MUM cannot predict or control the occurrence of such ‘downtime’ and cannot control the duration of such “downtime.” MUM shall not be held liable for such ‘downtime’ that may occur.
8. Disclaimer. MUM makes no representations or warranties as to, and will in no way be held liable for, the accuracy, correctness, reliability, completeness, timeliness of alerts, or usefulness of any Submissions, or any other content, appearing on App. Furthermore, the Submissions do not necessarily reflect the views or opinions of MUM.
9. Limitation of Liability. IN NO EVENT SHALL MUM OR ANY OF ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT, LOSS OF LIFE OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR RELATING TO THE APP AND THE SUBMISSIONS, THIS AGREEMENT AND/OR ITS SUBJECT MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE EVEN IF MUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
(a) Governing Law and Alternative Resolution. All matters relating to the interpretation, construction, application, validity, and enforcement of this Agreement will be governed by the laws of the State of New Mexico without giving effect to any choice or conflict of law provision or rule, whether of the State of New Mexico or any other jurisdiction, that would cause the application of laws of any jurisdiction other than the State of New Mexico. The parties agree that if any dispute between the parties arises, all such disputes shall be submitted to arbitration in the State of New Mexico.
(b) Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes all prior agreements and understandings with respect to such subject matter. The parties hereto have made no agreements, representations, or warranties relating to the subject matter of this Agreement that are not set forth herein.
(c) Amendments. MUM may modify or amend this Agreement at any time. Your use of the Service after the date this Agreement was last modified or amended will be your consent to the changed terms. If you do not agree to any of the changes, you can cancel this Agreement at any time by deleting the App from your smart device.
(d) Severability. To the extent that any portion of any provision of this Agreement is held invalid or unenforceable, it will be considered deleted here from and the remainder of such provision and of this Agreement will be unaffected and will continue in full force and effect.
(e) Survival. The provisions of this Agreement that by their terms or implication extend beyond the Term of this Agreement, shall survive the termination of this Agreement.
(f) Captions and Headings. The captions and paragraph headings used in this Agreement are for convenience of reference only and will not affect the construction or interpretation of this Agreement or any of the provisions hereof.