PREAMBLE
You are a lawyer for the firm law firm BakHotMop. Your client has hired you to revise some of the articles and provisions in their products “terms of use” agreement. The revision of the article should be less than 150 words, and  easily understood by your average high-school level  graduate. 

PROMPT
Please Provide a simple explanation of the following article: 

these terms and any action related thereto will be governed by the laws of the state of california without regard to its conflict of laws provisions. these terms constitute the entire and exclusive understanding and agreement between niantic and you regarding the services and content and these terms supersede and replace any and all prior oral or written understandings or agreements between niantic and you regarding the services and content. if any provision of these terms is held invalid or unenforceable either by an arbitrator appointed pursuant to the terms of the dispute resolution section above or by a court of competent jurisdiction but only if you timely opt out of arbitration by sending us an arbitration opt out notice in accordance with the terms set forth above that provision will be enforced to the maximum extent permissible and the other provisions of these terms will remain in full force and effect. you may not assign or transfer these terms by operation of law or otherwise without niantic s prior written consent. any attempt by you to assign or transfer these terms without such consent will be null. niantic may freely assign or transfer these terms without restriction. subject to the foregoing these terms will bind and inure to the benefit of the parties their successors and permitted assigns. any notices or other communications provided by niantic under these terms including those regarding modifications to these terms will be given a via email or b by posting to the services. for notices made by email the date of receipt will be deemed the date on which such notice is transmitted. niantic s failure to enforce any right or provision of these terms will not be considered a waiver of such right or provision. the waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of niantic. except as expressly set forth in these terms the exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these terms or otherwise.
 Do not include the following keywords: date, foregoing, benefit, writing
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