CBS MOBILE USER AGREEMENT
DO NOT USE OR ACCESS ANY CBS INTERACTIVE WEB SITES, USE OR DOWNLOAD ANY PRODUCTS OFFERED OR PROVIDED FROM SUCH WEB SITES, OR AGREE TO RECEIVE OR USE ANY SERVICES OFFERED OR PROVIDED FROM SUCH WEB SITES, UNLESS YOU HAVE READ AND AGREE TO BE BOUND TO THE TERMS SET FORTH IN THIS USER AGREEMENT. BY ACCESSING, RECEIVING, USING OR DOWNLOADING ANY PRODUCTS OR SERVICES FROM CBS INTERACTIVE SITES YOU AGREE TO THE TERMS SET FORTH IN THIS USER AGREEMENT.
CBS Interactive Inc. ("CBSI") provides access to certain Web Sites (however accessed and/or used, whether via personal computers, mobile devices, or otherwise) owned or controlled by CBSI that post a link to this CBS Mobile User Agreement ("User Agreement"), and offers use of the products and services available from such Web Sites, ("Products and Services") to you ("you" or "your"), subject to this User Agreement, which may be updated by CBSI from time to time without notice to you. It is important for you to refer to this User Agreement from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this User Agreement. You can review the most current version of this User Agreement at any time at the CBSI web site where this User Agreement is posted. Please also review the CBSI Terms of Use and Privacy Policy which are also applicable to your use of the Products and Services (provided that, in the event of any conflict, this User Agreement controls).
1. Definitions.
"Wireless Content" means all content CBSI makes available to you as part of the Products and Services, including, without limitation, all images, text, videos, ringtones, voicetones, wallpapers, games, contests, voting, technology, applications, artwork, copy, information, data and all related trademarks, service marks, trade identities, patents and copyrighted materials and all other intellectual property and proprietary information contained in that content.
"Wireless Device" means wireless devices that have the required technology and are able to receive Products and Services.
2. License, Proprietary Rights and Restrictions on Use.
UNITED STATES. Products and Services are only available to users who are eighteen (18) years of age or older and located in one of the fifty (50) United States or the District of Columbia (collectively, the "Territory") and are not available to end users in any other location.
WIRELESS CONTENT LICENSE. Subject to your compliance with this User Agreement, CBSI will grant you a personal, non-transferable, non-commercial, non-exclusive, limited, revocable license to use the Wireless Content you choose to download or receive from CBSI only in the form delivered to you and solely on your Wireless Device. Nothing in this User Agreement will be interpreted to grant you any right or license in any other CBSI materials or other proprietary images, trademarks, copyrighted works, patents, artwork, copy, information, data, knowledge, computer software or any other material or information of any kind.
NO SUBLICENSE OR SALE OR OTHER DISTRIBUTION OF WIRELESS CONTENT. Nothing in this User Agreement will be interpreted to grant you, any right or license to enter into sublicenses or redistribution agreements with respect to any portion of the Wireless Content or to otherwise rent, sell, lease, loan, transfer, assign, broadcast, upload to any computer or wireless device, sublicense, distribute or allow access to the Wireless Content. You agree that you will not charge any person or entity to view, listen, play or otherwise access any Wireless Content, or disseminate any Wireless Content in any manner to the public (for free or for a fee).
PROPRIETARY RIGHTS. You acknowledge and agree that, as between you and CBSI, CBSI owns and will retain all rights, title and interest in and to the Wireless Content, including, without limitation, all copies thereof and all rights to patents, copyrights, trademarks, service marks, trade identities, trade secrets and other intellectual property and proprietary rights inherent therein. Nothing in this User Agreement will be interpreted to grant you any right or license in any CBSI trademark, tradename, service mark, insignia, slogan, name, emblem, logo, symbol, design and/or other identifying characteristics owned by or associated with CBSI, its parents, subsidiaries or affiliates, in any manner whatsoever. Any and all rights to use any Wireless Content not expressly granted to you under this User Agreement are hereby reserved for CBSI and/or its licensors. Nothing contained in this User Agreement will affect, impair, or limit in any way CBSI's rights to exploit fully any or all of the Wireless Content.
COPYRIGHT NOTICES. The Wireless Content is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws, and is owned or controlled by CBSI and/or its licensors. You will abide by any and all additional copyright notices, information, or restrictions contained in the Wireless Content or as CBSI otherwise may impose from time to time. Moreover, you agree that you will not remove any proprietary notices or labels contained in or on the Wireless Content.
FURTHER RESTRICTIONS. You represent, warrant and covenant that you will not reverse engineer, decompile, circumvent, translate, modify, obscure or develop derivative works based on the Wireless Content. You agree that, other than as specifically permitted in the terms of use for a particular Product and Service, you will not transfer or copy any Wireless Content from the Wireless Device on which you originally received Wireless Content to any other device, including, without limitation, any computer, personal digital assistant or other Wireless Device.
NO CONTEST OF RIGHTS. You acknowledge and agree that you will not, directly or indirectly, contest or challenge or aid or abet in contesting or challenging the validity or ownership of the Wireless Content or take any action whatsoever in derogation of CBSI's rights therein or in breach of any terms and conditions contained in this User Agreement. You acknowledge and agree that you will not acquire or claim any rights in the Wireless Content or aid or abet anyone else in doing so.
3. Payments and Additional Requirements for Products and Services.
PRICES AND AUTHORIZATION. For certain Products and Services, CBSI may charge an automatically recurring subscription fee (e.g., a monthly fee, or some other recurring fee over an applicable billing cycle) (a "Recurring Fee") in exchange for providing access to certain Wireless Content. Until you affirmatively request to stop receiving recurring Products and Services (as set forth below), Recurring Fees will be automatically charged. For other Products and Services, you may have the option to incur a one-time premium charge for the single Product or Service selected. You agree to pay the applicable charges and authorize CBSI and its authorized agents to process all charges incurred by you. Fees charged by CBSI will be disclosed on the subscription page for the applicable Products and Services and will appear on your Wireless Device bill or be deducted from your pre-paid balance. You acknowledge that, in addition to a Recurring Fee or other premium charge payable to CBSI for access to the Products and Services, your wireless provider may charge you fees for access to and receipt of the Products and Services (including, without limitation, SMS [Short Messaging Service] fees) and/or MMS [Multimedia Messaging Service] fees). You acknowledge and agree that you are solely responsible for all payments to your wireless provider in connection with your use of the Products and Services.
To stop Products and Services, users must follow the instructions set forth in the terms and conditions applicable to the particular Product and Services from which you would like to withdraw, which typically will require you to text a keyword (e.g., "STOP," "CANCEL," "END," "UNSUBSCRIBE," "QUIT," etc.) to the applicable shortcode for such Product or Service (i.e., the shortcode which was provided to you when you initially elected to receive such Product or Service, and/or such other shortcode which was provided to you for such purpose in messages sent to you by CBSI). Certain wireless service providers may provide additional contact information for customer support purposes (e.g., "Help" phone numbers, e-mail addresses, etc.), which contact information (if any) will be provided to you within the terms and conditions applicable to the Products and Services for which you are seeking help. CBSI will process your request automatically. If you stop subscription-based Products and Services in the middle of a billing cycle, you will not be charged for the following billing cycle, but you will not receive any refund for the current billing cycle. CBSI reserves the right to change prices for Products and Services at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering. CBSI will notify you if a change in price is pending, and you will be asked to re-confirm your transaction.
REFUNDS. CBSI will not provide any refunds. However, if you have technical problems receiving the Products and Services, please contact your wireless service provider regarding your remedies.
NO EQUIPMENT OR SERVICES PROVIDED. CBSI will not be obligated to, and you acknowledge that CBSI will not, provide any wireless device or wireless service or any other equipment or service in connection with your use of the Products and Services. You will be solely responsible for all wireless devices and services through which you can access the Products and Services and the Wireless Content. You agree that you are solely responsible for any upgrades to your Wireless Device or wireless service required in order to receive or continue to receive Products and Services.
PRODUCTS AND SERVICES SUPPORT. For assistance with the Products and Services or order/cancellation inquiries, please call 1 866-626-2823. For assistance with billing questions, please contact your wireless carrier directly.
4. Accounts
If you choose to provide information to CBSI, you agree to provide only true, accurate, current and complete information and you agree to update that information to ensure that it remains current and accurate. If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password protected information or portion of the CBSI Web Sites using your name, user name or password in whole or in part. CBSI will not be liable to you for any loss or damage arising from your account.
5. Additional Restrictions
You agree not to do any of the following in connection with the CBSI Web Sites, the Products and Services or Wireless Content:
a. impersonate any person or entity,
b. use information, a wireless account number, a Wireless Device or any financial information that does not belong to you or for which you do not have permission to use; or
c. violate any applicable local, state, federal or international law, rule or regulation.
6. Information You Submit.
From time to time, CBSI may provide you with certain functionality through which you can upload certain content, information, data, software, messages, photographs, audio, video, text and/or other materials to CBSI ("Your Upload Information"). For example, CBSI may offer promotions, contests, sweepstakes, forums, bulletin boards, wiki, chat rooms, content offerings which incorporate content submitted or suggested by users of CBSI services, or other interactive areas (collectively, "User Forums"). CBSI, its parent, subsidiaries or affiliates or the directors, officers, employees, or other representatives of each of them do not endorse the content posted in User Forums. CBSI reserves the right, but is not obligated, to delete, move or edit Your Upload Information, in whole or in part, submitted by you to a User Forum for any reason in their sole discretion. CBSI reserves the right to suspend or terminate your access to the Products and Services and pursue all legal remedies if we believe your Upload Information infringes another's copyright or otherwise violates any law, rule or regulation. You acknowledge and agree that you are prohibited from accepting payment for Your Upload Information, including, without limitation, accepting payment for the inclusion of a logo, brand or other commercial content, in Your Upload Information.
All of Your Upload Information is your sole responsibility. This means that you, and not CBSI, are entirely responsible for all of Your Upload Information that you upload, post, e-mail, transmit or otherwise make available via the Products and Services. If you post personal information in User Forums or on other publicly available areas of the Products and Services then you may receive unsolicited messages from third parties. CBSI cannot ensure the security of any information you post on publicly available areas of the Products and Services. Under no circumstances will we be liable in any way for any of Your Upload Information including, but not limited to, any errors or omissions in Your Upload Information, or for any loss or damage of any kind incurred as a result of Your Upload Information. You represent that Your Upload Information is an original work by you or you have all necessary rights in it and to submit it to CBSI under the terms of this User Agreement; that it is not defamatory; and that it does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule, or regulation. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of the terms of the Terms of Use applicable to the Websites or this User Agreement.
Except as otherwise described in applicable disclosures, the posted privacy policy or other terms of use or agreements applicable to Your Upload Information, Your Upload Information will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners. When you upload Your Upload Information via the Products and Services, you irrevocably grant to CBSI, its parent, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free license containing, without limitation, all right, title and interest in Your Upload Information, including, without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author's rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in Your Upload Information. You further agree that CBSI, its parent, subsidiaries, affiliates, and partners and the directors, officers, employees, licensees and other representatives of each of them will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any of Your Upload Information or portions of Your Upload Information, and your name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using such Uploaded Information. You hereby waive any moral rights you may have in and to any of Your Upload Information, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that CBSI, its parent, subsidiaries, affiliates, and partners are not obligated to use Your Upload Information submitted through the Products and Services or otherwise, and may alternatively choose to discard, and limit or block access to Your Uploaded Information without any liability whatsoever.
You acknowledge that the Web Site, through CBSI, its parent, subsidiaries, affiliates, and partners undertakes no obligation to pre-screen Your Upload Information, but that it has the right, in its sole discretion to modify, transmit over various networks, refuse, move, block access to or remove any of Your Upload Information. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Upload Information including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Upload Information. Since CBSI, its parent, subsidiaries, affiliates, and partners may not pre-screen user generated content, you may bear legal responsibility for others' exposure to any offensive indecent or objectionable content in Your Upload Information.
7. Disclaimer of Warranties.
YOU UNDERSTAND THAT THE PRODUCTS AND SERVICES ARE NOT AVAILABLE ON ALL WIRELESS SERVICE PROVIDERS AND WIRELESS DEVICES AND THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR WIRELESS DEVICE IS COMPATIBLE WITH THE PRODUCTS AND SERVICES. THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, ALL WIRELESS CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT VIA THE CBSI WEB SITES, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CBSI AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE WIRELESS CONTENT MADE AVAILABLE TO YOU THROUGH THE CBSI WEB SITES; (B) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE CBSI WEB SITES; (C) THE ABILITY OF THE PRODUCTS AND SERVICES TO WORK WITH ANY PARTICULAR WIRELESS DEVICE OR WIRELESS SERVICE PROVIDER; OR (D) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE CBSI WEB SITES, THE PRODUCTS AND SERVICES, OR YOUR WIRELESS DEVICE. CBSI DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES, THE FUNCTIONS CONTAINED IN THE WIRELESS CONTENT OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETE, ACCURATE, UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PRODUCTS AND SERVICES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CBSI DOES NOT REPRESENT OR WARRANT THAT YOUR ACTIVITIES OR USE OF THE PRODUCTS AND SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, THE WIRELESS CONTENT, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, THE WIRELESS CONTENT. FURTHER, CBSI AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS USER AGREEMENT.
8. Limitation of Liability.
NEITHER CBSI NOR ITS PARENTS, SUBSIDIARIES OR AFFILIATES WILL BE LIABLE FOR THE USE OF THE PRODUCTS AND SERVICES OR WIRELESS CONTENT OR ANY DAMAGE TO ANY USER'S COMPUTER OR WIRELESS DEVICE, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
UNDER NO CIRCUMSTANCES WILL CBSI OR ITS PARENTS, SUBSIDIARIES, OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE PRODUCTS AND SERVICES OR WIRELESS CONTENT, THE CBSI WEB SITES OR YOUR WIRELESS DEVICE OR ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY CBSI OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PRODUCTS AND SERVICES, ANY WIRLESS CONTENT, THE CBSI WEB SITES OR YOUR WIRELESS DEVICE, EVEN IF FORESEEABLE OR CBSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER IN AN ACTION BASED IN TORT, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL CBSI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE MONTHLY CHARGE FOR THE MONTH IN WHICH THE ALLEGED DAMAGE, LOSS, OR CAUSE OF ACTION WAS INCURRED.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF CBSI'S ACTS OR OMMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW OR MOTION PICTURE OWNED OR CONTROLLED BY CBSI AND/OR ITS PARENTS, SUBSIDIARIES AND/OR AFFILIATES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY SUCH PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW OR MOTION PICTURE OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
BY AGREEING TO THIS USER AGREEMENT, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
9. Indemnity.
You agree to defend, indemnify and hold harmless CBSI and its parents, subsidiaries, and affiliates with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with your breach of this User Agreement, including, without limitation, your use of the Products and Services, the Wireless Content, or the CBSI Web Sites. Notwithstanding the foregoing, CBSI retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against CBSI under the terms and provisions of this Section 9 and in no event will you settle any such claim without CBSI's prior written approval.
10. Governing Law; Jurisdiction and Venue.
THIS USER AGREEMENT AND THE INTERPRETATION OF ITS TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. You waive all rights to trial by jury in any action or proceeding instituted in connection with this User Agreement, the Products and Services and/or the Wireless Content. Any controversy or claim arising out of or relating to this User Agreement, the Products and Services and/or the Wireless Content shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, in the City of New York, County of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any matters or proceedings that are not subject to arbitration as set forth in this Section 10 of this User Agreement for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York, County of New York. You waive the defense of forum non conveniens. Any cause of action filed by you with respect to this User Agreement or use of the Products and Services must be filed within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause will be forever barred.
11. Termination/Modification.
You understand and agree that CBSI may modify, suspend or discontinue the availability of the Products and Services. CBSI may also impose limits on certain features and services or restrict or deny your access to parts or all of the Products and Services in its sole discretion without notice or liability of any kind.
You understand and agree that CBSI will determine your compliance with this User Agreement in its sole discretion. CBSI reserves the right to terminate this User Agreement at any time in its sole discretion without notice or liability of any kind. Any violation of this User Agreement may be referred to law enforcement authorities. Upon termination of your user account or the license granted by CDSI, you must destroy all materials obtained from CBSI and all related documentation, including, without limitation, any Products and Services. In the event of any termination by CBSI, you will not be entitled to any refund of Recurring Fee or other fees.
12. Miscellaneous.
You agree to comply with all rules, laws and regulations that are applicable to your use of the Products and Services and Wireless Content, including, without limitation, those governing your transmission or use of any software or data. This User Agreement contains the sole and entire agreement between the parties with respect to the subject matter of this User Agreement and supersedes any and all other prior or contemporaneous written or oral agreements pertaining thereto. Captions contained in this User Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this User Agreement or the intent of any provision of this User Agreement. No waiver of any of the terms in this User Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of CBSI. It is the intent of the parties to this User Agreement that neither this User Agreement, nor any covenant in this User Agreement, will be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties to this User Agreement that said rule not be applicable to this User Agreement. You may not assign or transfer any of the rights or obligations that arise under this User Agreement to any third party without the prior written consent of CBSI. If any provision of this User Agreement will be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action will be strictly construed and will not affect the validity or effect of any other provision of this User Agreement.