CellPhoneCycle.com is provided by CellPhoneCycle LLC and its affiliates ("Cell Phone Cycle," "we" or "us"). This policy covers how we treat personal information that we collect and use on or through the Services and other related websites where this policy is posted on the footer of the Web page.
Information Collection and Use
When you use the Services, you provide information to us. Cell Phone Cycle collects two types of information: (1) information that you provide to us that lets us know who you are ("Personally Identifiable Information") and (2) information that does not by itself identify a specific individual ("Non-personally Identifiable Information").
Personally Identifiable Information
Non-Personally Identifiable Information
We automatically receive and collect Non-personally Identifiable Information on our server logs from your browser, including your IP address, the Uniform Resource Locator ("URL") that you just came from, which URL you next go to, browser type, browser language, date and time of your query, Cell Phone Cycle cookie information, and the pages you request. This information is complied and analyzed on both a personal and an aggregated basis. We may use third-party analytics services to collect, monitor and analyze the information collected as described above.
Use of Information
We will use Non-personally Identifiable Information to diagnose problems with our servers and software, to administer the Services, and to gather demographic information. Our third-party advertising networks and servers will also provide us reports that will tell us how many ads were presented and clicked upon on Cell Phone Cycle in a manner that does not identify personally any individual.
It is important for us to track how our website is used, and we (or our service providers) may place "cookies" on your computer or device. Cookies are small data files that identify you when you use our services. You have the option to decline our cookies by using your browsers settings tools, but this may interfere with your use of our website and services.
Information Sharing and Disclosure
Cell Phone Cycle does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
Your Ability to Edit and Delete Your Account Information and Preferences
You can delete your Cell Phone Cycle registered account by requesting an account deletion via email to accounts@CellPhoneCycle.com You must provide us with the email address of the registered account. After we have confirmed your request via email, we will remove access to your personal information from our user database.
Confidentiality and Security
We limit access to personal information about you to our employees and agents who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use many tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private. Because email and instant messaging are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services.
Protecting the privacy of young children is especially important. For that reason, Cell Phone Cycle does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register with our Service. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on CellPhoneCycle.com. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us as described above.
If you are a California resident, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of your personal information with third parties, for the third parties' direct marketing purposes. California law provides that you have the right to submit a request to us at the designated address and receive the following information: the categories of information we disclosed to third parties for the third parties direct marketing purposes during the preceding calendar year, the names and addresses of third parties that received such information, and if the nature of a third party's business cannot be reasonably determined from the third party's name, examples of the products or services marketed.
You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. Our designated email address for such requests is contact@CellPhoneCycle.com
Request for Information
If you have questions, concerns or suggestions, please feel free to send an email to contact@CellPhoneCycle.com
Last Update: 01/12/2018
Cell Phone Cycle LLC TradeMark; ("CellPhoneCycle.com") offers services through which you can sell, or recycle certain Broken, Used, or NEW Apple products ( the "Products") after receiving a "quote" from Cell Phone Cycle .com. You must agree to abide by the following terms in order to use the Cell Phone Cycle Services on Cell Phone Cycle .com.
BY SETTING UP AN ACCOUNT, OR BY USING Cell Phone Cycle 's WEB SITES, YOU SIGNIFY THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
About These Terms. These terms govern any offer that you make to sell or to recycle your Apple Product to or through Cell Phone Cycle .com. These terms, the terms that govern your use of Cell Phone Cycle s's web sites ("Cell Phone Cycle .com"), the Cell Phone Cycle Services and any and all applications included therein, which terms are located at http://www.Cell PhoneCycle.com/legal , the terms of Cell Phone Cycle 's privacy disclosures located at http://www.CellPhoneCycle .com/legal and any supplemental terms or policies that accompany a specific transaction, feature or application collectively make up an agreement between you (the Customer) and Cell Phone Cycle (the "Agreement"). You acknowledge that this Agreement is in electronic form and has the same force and effect as an agreement in writing.
In this Agreement, the term "you" or "your" means an individual or entity exercising rights under this Agreement, and the term "Cell Phone Cycle .com," "we" or "us" means Cell Phone Cycle .com and its affiliates and subsidiaries.
Requirements. In order to complete the sale or recycling of your Apple Product to or through Cell Phone Cycle or to complete any other transaction with Cell Phone Cycle , you must:
Create an account with us;
Provide true, up to date and accurate account information about yourself and any Apple Product you offer to us;
Comply with all terms and conditions of this Agreement;
Comply with all applicable laws and regulations, including all import and export laws as described in Section 13 below;
Transact on behalf of yourself and not on behalf of others; and
Have the legal capacity to enter into agreements and to convey title and interest in any Product that you submit to us.
In order to receive payments for any Products we purchase from you, you must provide us with information including a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, and your first and last name. You understand and agree that if you fail to provide us with accurate and up to date information about yourself: (a) we will not be responsible for any misapplied payments or payments sent to a wrong address, and (b) any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws. You agree that we have no obligation to you if any of your unclaimed funds are turned over to governmental authorities.
Product Eligibility. While Cell Phone Cycle .com strives to provide a quote on each Apple Product you may wish to sell or recycle, Cell Phone Cycle determines, in its sole discretion, which Apple Products are eligible for purchase or recycling by or through the Cell Phone Cycle Services and for which eligible Apple Products Cell Phone Cycle will provide a quote for.. Cell Phone Cycle LLC may terminate the eligibility of certain Products at any time and without advanced notice, but such termination will not affect any Products for which you have already accepted a quote to.
Condition Defined. Cell Phone Cycle uses four (5) Product conditions to grade Products, ranging from "NEW" to "DEAD." Conditions can widely vary between categories and types of Products. Broadly, Cell Phone Cycle 's Product definitions are as follows:
New: Item is Brand New and has never been Used before, Item is still sealed in original manufacture packing and box. Factory Sealed.
Perfect: Item is in Mint Condition with no-known sign of use or scratches, Works like it did when item was new. May or may not have original box or packing
Good: Item has Normal wear and tear with few scratches on surface. Everything Works Great and does not look damaged.
Damaged: Item has physical or functional issues such as cracked body, damaged display, missing parts, dents, deep scratches, personalization(s), etc. io7 password lock.
Dead: Does not power on or frame damaged.
The above definitions are broad guidelines. More specific condition definitions specific to the category and/or type of Product are included on Cell Phone Cycle .com. Condition definitions are subject to change at Cell Phone Cycle s's discretion. If you are uncertain about your Product's condition, please seek guidance by contacting Cell Phone Cycle 's customer support.
Product Valuation; Product Recycling. All quotes will be based on Cell Phone Cycle 's own determination of the Product value in reliance on the accuracy of the information you supply us. Cell Phone Cycle will use its discretion to determine the Product value, weighing factors that may include the Product's model, functionality and condition. Upon receiving a quote, you have the option of accept or to reject that quote. Acceptance indicates you are willing to provide your Product to Cell Phone Cycle at the quoted price. If Cell Phone Cycle determines that the Product has nominal value, Cell Phone Cycle may provide you a quote of $0. If you decide to continue and accept Cell Phone Cycle 's quote of $0, you will send the product to Cell Phone Cycle and Cell Phone Cycle will accept the Product for recycling. If you do not accept Cell Phone Cycle 's quote, the specific transaction expires. If after rejecting the quote you change your mind and want to accept the quote, you will need to open another transaction with us at which point the quote may be different.
Fitness for Sale. You must own the right, title, and interest in any and all Products you seek to sell or recycle to Cell Phone Cycle . The Products and the sale and shipment of such items to Cell Phone Cycle : (a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws as described in Section 13 below, (b) may not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), and ( c) shall not be counterfeit, stolen, or fraudulent. You represent and warrant that the Products are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due. By using the Cell Phone Cycle Services, you agree to indemnify Cell Phone Cycle from all claims or losses sustained by Cell Phone Cycle as a result of any breach of this warranty.
Sending Cell Phone Cycle Your Product. When packaging your Product, be sure to include all materials included in your description when we calculated your quote, as well as any other materials that came with your Product (e.g., operating systems disks).. This may include software, accessories, adapters, and manuals. Failure to include any items you told us about when the quote was calculated, or sending us a Product which does not match your original description, may impact the final value of your Product and may result in a recalculated quote.
Removing Data From Your Product. For Products involving devices that store files and/or personal data on hard drives, memory chips or the like, you must back up and store any data you wish to keep from your Product and remove any personal information before you send your Product to us. Cell Phone Cycle 's standard practice is to remove all such data from your Product, however, Cell Phone Cycle makes no guarantee that it will do so. By sending Cell Phone Cycle your Product, you agree to release us from any claim as to the Product, the data stored in such Product, or any information on any media used in conjunction with the Product and which you send to Cell Phone Cycle or for such data's security, integrity, confidentiality, disclosure or use. Cell Phone Cycle is not responsible for: (a) any loss suffered by you due to any data that is not erased from the device and transferred to a third party, or (b) any loss of data after you submitted your Product to us.
Product Inspection; Quote Recalculation. Your Product must be received by Cell Phone Cycle within thirty five (35) days after you accept the original quote by Cell Phone Cycle (the "Delivery Period"). Packing and shipping recommendations provided to you by Cell Phone Cycle should be followed in order to avoid possible damage to or loss of the Product in transit. All Products that are received will be inspected by Cell Phone Cycle . Cell Phone Cycle has the option to accept or reject the Product, including without limitation, to reject any Product not conforming to the description you provided to us, any Product modified in such a way that it no longer conforms to the original factory specifications, any Product no longer complying with applicable laws or regulations (e.g., FCC rules, etc.) and/or any Product damaged or lost in transit. Cell Phone Cycle reserves the right to recalculate the original quote for the Product if: (a) the Product and/or materials are not as described, and/or (b) the Product is received by Cell Phone Cycle after the Delivery Period. In the event Cell Phone Cycle recalculates the quote, you shall have the option of accepting or rejecting the new quote. If you accept the new quote, you will be paid in normal course and in accordance with these service terms. If you reject the new quote, Cell Phone Cycle will return the Product to you at the address from which it was originally sent. Cell Phone Cycle will give you a period of five (5) days after Cell Phone Cycle presents you with a recalculated quote to accept or reject the new quote (the "New Quote Period"). Cell Phone Cycle will also remind you of the outstanding new quote one or more times during the New Quote Period. However, if the new quote is neither affirmatively accepted nor rejected by you during the New Quote Period, the new quote will be deemed to have been accepted by you and you will be paid the new quote in normal course and in accordance with these service terms. For avoidance of doubt, your acceptance of the original quote and/or any new quote is final and you may not change your mind later about accepting such quotes.
Releasing Rights to Product. Once you send Cell Phone Cycle your Product, Cell Phone Cycle cannot and does not guarantee that it will be able to honor any request for return of the Product and/or any data or information contained in such Product. Of course, if Cell Phone Cycle rejects the Product or you do not accept any new quote for the Product the product will be send back to the owner.
Risk-Of-Loss. You remain responsible for the risk-of-loss for the Products until delivery of the same to Cell Phone Cycle . You are responsible for any damages that may occur to your Product while in transit. Cell Phone Cycle is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event Cell Phone Cycle returns your product to you for any reason. For avoidance of doubt, in such event, risk of loss will be transferred to you once Cell Phone Cycle delivers the package to the carrier for return to you and you will bear the risk of loss in transit.
Passing of Title. Title to the applicable Product passes to Cell Phone Cycle upon Cell Phone Cycle 's acceptance of the Product for the original quote or the new quote, as applicable. If there is a Return Circumstance, title shall not pass and shall remain with you.
Import and Export Laws. You agree to comply fully with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly transfer your Product without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary
Non-Transferable. Any quote by Cell Phone Cycle for your Product is non-transferable and not redeemable for any other consideration other than what is quoted by Cell Phone Cycle .
authorizations and clearances in order to convey your Product to Cell Phone Cycle , including without limitation, valuation, classification and duties applicable with the import of any goods. Please note: U.S. trade sanctions administered by the Office of Foreign Assets Control (OFAC) generally prohibit the importation into the United States (including U.S. territories), either directly or indirectly, of most goods, technology, or services (except information and informational materials) from, or which originated from Cuba, Iran, Iraq, Libya, North Korea, Serbia, or Sudan; from foreign persons designated by the Secretary of State as having promoted the proliferation of weapons of mass destruction; named Foreign Terrorist Organizations; designated terrorists and narcotics traffickers. You may not offer or provide to Cell Phone Cycle for recycling, donation or for sale, any Products that would violate the provisions of this Section 13.
Promotions. From time to time, and at Cell Phone Cycle 's sole discretion, Cell Phone Cycle may offer promotional programs as an incentive to customers. Promotions applicable to payments are applied as an increment to the final value of a customer's Product, but they are not considered a change in that final value. Promotional programs have explicitly defined terms, including but not limited to, expiration usage per person and per transaction, and other limitations and restrictions. Unless otherwise stated, promotions must be applied by you before checkout. For the avoidance of doubt, once checkout is completed, promotions cannot be applied to the same transaction. Cell Phone Cycle reserves the right, in its sole discretion, to cancel or refuse promotions.
Accuracy of all Information. Cell Phone Cycle makes every effort to ensure the accuracy of all information you receive in relation to your Product. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. As such, Cell Phone Cycle reserves the right, at any time prior to payment, to:
(a) Correct an error.
(b) Change the quote. In the event the Product has already been sent to Cell Phone Cycle , the changed quote will become a New Quote subject to the processes set forth in Section 9. Otherwise, the changed quote will be a re-issued original quote, which you may accept or reject.
(c) Void a transaction. If the Product was already sent to Cell Phone Cycle , Cell Phone Cycle will be deemed to have rejected the Product resulting in a Return Circumstance subject to Section 10.
Electronic Notices and Transactions
You agree to transact with us electronically, including without limitation, agreeing to terms and conditions or offering to sell, donate, or recycle your Product by electronic means. You authorize Cell Phone Cycle to provide you with terms and important notices about Cell Phone Cycle and your transactions to an email address you provide to us or by posting notices on an applicable page (or my account area) at www.CellPhoneCycle.com It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website. You can retrieve and review the Agreement by clicking on the "Legal" link at Cell Phone Cycle .com
You are responsible for obtaining at your own expense all equipment and services needed to access and use the Cell Phone Cycle Websites and the Cell Phone Cycle Services, including all devices, Internet browsers and Internet access. If you access the Cell Phone Cycle Website and the Cell Phone Cycle Services through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
No Warranties. WE PROVIDE THE Cell Phone Cycle SERVICES AND WEBSITES "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH Cell Phone Cycle WILL MEET YOUR REQUIREMENTS.
Limited Liability. IN NO EVENT SHALL Cell Phone Cycle , ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO YOUR TRANSACTIONS WITH Cell Phone Cycle UNDER THIS AGREEMENT. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
Indemnity. You agree to indemnify, defend, and hold harmless Cell Phone Cycle , its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation or breach of any terms under this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The captions are used only as a matter of convenience and are not to be considered a part of this agreement or be used in determining the intent of the parties to it. No waiver by Cell Phone Cycle of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Sections 6, 8, 10, 12, 14, 17, 18 and 20 through 26 shall survive termination of this Agreement.
Correction of Errors and Inaccuracies. The Cell Phone Cycle Website (Cell Phone Cycle .com) and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. Cell Phone Cycle therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Cell Phone Cycle does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
Modification. Cell Phone Cycle reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the Cell Phone Cycle Websites and/or the Cell Phone Cycle Services before the changes take effect. Your continued use of Cell Phone Cycle after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale, donation or recycling with Cell Phone Cycle , you reaffirm your acceptance of this Agreement. You are responsible for regularly reviewing periodically this Agreement, located at http://www.CellPhoneCycle.com/legal . The last date this Agreement was revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.
Applicable Law and Venue. THIS AGREEMENT AND THE TERMS OF SALE AND TRANSFER OF TITLE OF YOUR PRODUCT ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH MISSOURI LAW AND TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. BY CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU AGREE THAT ANY ACTION AT LAW OR INEQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN St. Louis, MISSOURI, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH LANGUAGE.
If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email contact@CellPhoneCycle.com
You may use our Web site, content, services, and applications of Cell Phone Cycle.com (the "Website") only on the condition that you abide by the following terms of this website agreement.
BY USING THE WEBSITE AND/OR BY REGISTERING TO OPEN AN ACCOUNT WITH US, YOU SIGNIFY YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS. ("SITE TERMS").
1. About The Site Terms
The Website is a service accessible by Cell Phone Cycle LLC and its affiliates ( "Cell Phone Cycle.com", "we", "our" or "us"). The Site Terms have the same effect as an agreement in writing and govern your use of the Website. If you do not agree to the Site Terms, do not use the Website. We may modify the Site Terms at any time. If you do not agree to the changes, you may discontinue using Cell Phone Cycle.com before the changes take effect. If you continue to use Cell Phone Cycle.com after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log into the Website, you reaffirm your acceptance of the Site Terms. You are responsible for regularly reviewing the Site Terms, by clicking on the "Legal" link at http://www.CellPhoneCycle.com/legal. The Site Terms may be supplemented by additional terms and conditions applicable to privacy, specific areas of this Website, or to particular content or transactions are posted in particular areas of the site and, together with these Site Terms, govern your use of those areas, content, or transactions.
2. About the Website
The Website gives users (you) the ability to sell or submit a certain new or used product for recycling (collectively, the "Product") subject to these Site Terms. You agree that all transactions will be performed electronically and that the terms of any offer to sell or recycle any Product will be governed by Cell Phone Cycle.com's Terms of Sale Agreement located at http://www.CellPhoneCycle.com/legal . We may, in our sole discretion, change or discontinue any or all aspects of the Website at any time, without notice, and without liability to you.
Registration is not required to visit and view the Website, or to get a quote from us; however, you will need to register with us and create an account if you would like to use all of the Website's services and features or to complete a transaction with us. If you register to open an account, you agree to provide accurate, complete registration information. You must be legally capable to enter into contracts. It is your responsibility to make any updates to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. We do not permit any other person using the registered sections under your name. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you should notify CellPhoneCycle.com immediately by emailing firstname.lastname@example.org or submitting a contact form at CellPhoneCycle.com.
The Website contains information, content, photographs, designs, graphics, images, animation and other materials and effects (collectively, the "Content") that are protected by copyrights, trademarks, service marks, trade dress or other intellectual or proprietary rights owned by Cell Phone Cycle.com or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. Further, Cell Phone Cycle retains all rights (including intellectual property rights), title and interest in the Website, technology, and all underlying technology and data including any enhancements, software, applications and improvements related to the Website (the "Technology")(the terms Content and Technology collectively will be referred to as the "Materials"). You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.
5. Use of Website and Materials
Cell Phone Cycle.com provides the Website and the Materials for your individual, non-commercial use and solely for the purpose of carrying out individual transactions with the Website. Any other use of the Website or the Materials is strictly prohibited . You may not, either directly or indirectly:
Modify, republish, redistribute, delete, resell, sublicense, publicly perform, cache by proxy the Website or Materials without the express written permission of Cell Phone Cycle or the applicable rights holder;
Use the Materials for telemarketing, direct marketing, and commercial mass e-mail or by agents or representatives or e-mail spammers;
Reverse engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan, sell, sublicense or transfer the underlying source code or structure or sequence of the Technology or delete or alter author attributes or copyright notices;
Use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users;
Reformat or frame any portion of the Website or Materials;
Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
Allow others to use the Website under or through your account login ID/email and password;
Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
Violate the Site Terms, applicable law or the rights of others; or Disrupt or interfere with the security of, or otherwise cause harm to, the Website.
Any permitted use of the Website does not extend to using the Website or Materials for any illegal purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Materials.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
By using the Website, uploading content to or submitting any materials for use on the Website, you grant (or warrant that the owner of such rights has expressly granted Cell Phone Cycle's a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials and/or information generated through use of the Website or incorporate such materials and/or information generated through use of the Website into any form, medium, or technology now known or later developed throughout the universe. We need these rights to host and display your content.
You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give Cell Phone Cycle.com notice of such link by sending an e-mail to contact@CellPhoneCycle.com and (c) you discontinue providing links to this Website if requested by Cell Phone Cycle.com If you wish to provide links to a section within the Website, you should forward your request to Cell Phone Cycle.com at contact@CellPhoneCycle.com and Cell Phone Cycle.com will notify you if, within its sole and unfettered discretion, permission is granted, and, if so, the terms and conditions of the permission.
You represent and warrant to us that (a) you are legally capable to enter into contracts, (b) you are providing us at all times true, accurate and up to date information about yourself, (c) you will comply at all times with the Site Terms and applicable law and (d) your use of the Website and any transactions that you make with us will not violate the rights of any third party.
Cell Phone Cycle LLC makes every effort to ensure the information presented in, on or through its Website is accurate, however, because Cell Phone Cycle LLC communicates information provided and created by software developers, publishers, marketing agents, resellers and other third parties, Cell Phone Cycle has no control over the accuracy of such information, and makes no guarantee as to such information, and is not responsible for the information, including its accuracy, currency, content, quality, copyright compliance or legality, or any resulting loss or damage.
10. Warranty, Liability, Indemnification
Cell Phone Cycle.com makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk and that Cell Phone Cycle.com shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.
THE WEBSITE AND MATERIALS ARE PROVIDED BY CELL PHONE CYCLE.COM ON AN "AS IS" BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. CELL PHONE CYCLE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. WE MAKE NO REPRESENTATIONS THAT THE WEBSITE OR MATERIALS WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY GAIN FROM YOUR USE OF THE WEBSITE.
IN NO EVENT SHALL CELL PHONE CYCLE.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. CELL PHONE CYCLE SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
CELL PHONE CYCLE.COM DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR THEIR HARMFUL COMPONENTS. CELL PHONE CYCLE.COM'S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY CELL PHONE CYCLE.COM SHALL BE CANCELLATION OF YOUR ACCOUNT.
You agree to indemnify, defend, and hold harmless Cell Phone Cycle.com, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation or breach of any representation or obligation under these Site Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
13. Electronic Notices and Transactions
You agree to transact with us electronically. This means you agree to accept and terms and conditions and to transact any sale or recycling of your Product with us by electronic means. You authorize us to send you important notices about the Website and any pending transactions to an email address you provide to us, if you are a registered account holder or, in the alternative, by posting a notice on the Website. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website. You can retrieve and review these Site Terms at any time by visiting
You are responsible for obtaining at your own expense all equipment and services needed to access and use the Website, including all devices, Internet browsers and Internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.