END USER LICENSE AGREEMENT
BETWEEN END USER AND MOBILE RECELL
The Mobile reCell Web Site is comprised of various Web pages operated by Mobile reCell.
The Mobile reCell Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Mobile reCell Web Site constitutes your agreement to all such terms, conditions, and notices.
Mobile reCell reserves the right to change the terms, conditions, and notices under which the Mobile reCell Web Site is offered, including but not limited to the charges associated with the use of the Mobile reCell Web Site.
LINKS TO THIRD PARTY SITES
The Mobile reCell Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Mobile reCell and Mobile reCell is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mobile reCell is not responsible for webcasting or any other form of transmission received from any Linked Site. Mobile reCell is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mobile reCell of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Mobile reCell Web Site, you warrant to Mobile reCell that you will not use the Mobile reCell Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Mobile reCell Web Site in any manner which could damage, disable, overburden, or impair the Mobile reCell Web Site or interfere with any other party's use and enjoyment of the Mobile reCell Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Mobile reCell Web Sites.
MATERIALS PROVIDED TO Mobile reCell OR POSTED AT ANY Mobile reCell WEB SITE
Mobile reCell does not claim ownership of the materials you provide to Mobile reCell (including feedback and suggestions) or post, upload, input or submit to any Mobile reCell Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Mobile reCell, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Mobile reCell is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Mobile reCell's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Mobile reCell WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Mobile reCell AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Mobile reCell WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Mobile reCell WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Mobile reCell AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Mobile reCell WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Mobile reCell AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SCHEDULED MAINATANENCE AND UNPLANNED OUTAGES
From time to time, Mobile reCell shall designate certain time periods (“Scheduled Maintenance Window”) during which it may limit or suspend the availability of the Mobile reCell Web Site to perform necessary software application maintenance or upgrades. In addition, Mobile reCell reserves the right to perform any required maintenance work outside of the Scheduled Maintenance Window without prior notice to you. Mobile reCell may from time to time carry out Maintenance that may result in unplanned outages that shall in no way be deemed to be a breach of any of Mobile reCell’s obligations.
Mobile reCell reserves the right, in its sole discretion, to terminate your access to the Mobile reCell Web Site and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Indiana, U.S.A. in all disputes arising out of or relating to the use of the Mobile reCell Web Site. Use of the Mobile reCell Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mobile reCell as a result of this agreement or use of the Mobile reCell Web Site. Mobile reCell's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mobile reCell's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Mobile reCell Web Site or information provided to or gathered by Mobile reCell with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Mobile reCell with respect to the Mobile reCell Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mobile reCell with respect to the Mobile reCell Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Mobile reCell Web Site are: Copyright 2015-2020 by Mobile reCell and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.