Last updated: August 10, 2022
Scope and Acceptance
Changes to Websites
Mobile reCell may change or discontinue any aspect, or feature of the Websites at any time, including, but not limited to, content, availability, and equipment needed for access or use.
Please see our Privacy Notice for a detailed description of how we collect, use, and disclose information about you.
You may be given the opportunity to register via an online registration form or by participating in interactive areas, such as forums, contests, and other community features, to create a user account (“Your Account”) that may allow you to receive information from Mobile reCell and/or to participate in certain features on the Websites. Mobile reCell will use the information you provide in accordance with our Privacy Notice. By registering you represent and warrant that all information that you provide is current, complete, and accurate to the best of your knowledge. You agree to maintain and promptly update your information on the Websites so that it remains current, complete, and accurate. You are responsible for obtaining and maintaining all internet connectivity, computer software, hardware, and other equipment needed for access to and use of the Websites and all charges related to the same.
Mobile reCell expressly acknowledges that you reserve, retain, and own rights, title, and interest, including, without limitation, intellectual property rights arising in any jurisdiction worldwide, in and to the End User Data. “End User Data” means all information or data, electronic or otherwise, provided or submitted by End User, to or for use in connection with the Websites. End-User hereby grants to Mobile reCell a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise make use of and display the End User Data and perform all acts with respect to the End User Data as may be necessary for Mobile reCell to provide the Websites hereunder, and for the provision of Websites beyond the scope of the Websites provided hereunder that require the use of the End User Data, but only to the extent that Mobile reCell and you have entered into a separate agreement expanding the scope of Websites. Nothing contained in this section shall be construed as granting Mobile reCell the right to sell, publicly distribute, publicly display, or publish End User Data.
If you send, transmit, or in any way provide any communications or materials to Mobile reCell, by any medium or means now known or hereafter developed, suggesting or recommending changes to the Websites, including, without limitation, new features or functionality relating to the foregoing, or any other comments, questions, or suggestions (the “Feedback”), Mobile reCell shall have the right to use such Feedback without any further obligation to you. You hereby assign to Mobile reCell, all right, title, and interest in, and Mobile reCell shall be free to use without any further action, the Feedback and any and all ideas, concepts, techniques, or other components contained in the Feedback for any purpose.
End-User Conduct Guidelines
The following terms apply to your conduct when accessing or using the Websites: (a) you agree not to interfere with or disrupt the Websites or the servers or networks connected to the Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites; (b) you agree not to reproduce, reverse engineer, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Websites, use of the Websites, or access to the Websites; (c) you agree not to engage in any activity that would constitute a criminal offense or give rise to a civil liability; (d) you agree not to impersonate any person or entity, including, but not limited to, Mobile reCell or any Mobile reCell employee, or falsely state or otherwise misrepresent your affiliation with any person or entity; and (e) you agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Websites or posting private information about a third-party.
You may not send via, store within, or upload to the Websites (a) any Malicious Code, (b) any material that infringes the rights of any third-party, or (c) illegal or obscene material; and (vi) use the Websites in any manner, or for any purpose, that infringes, misappropriates, or otherwise violates any intellectual property rights of any third-parties or otherwise violates applicable law. “Malicious Code” means any and all disabling or damaging devices, algorithms, routines, subroutines, programs, or other similar data including, but not limited to viruses, worms, time bombs, trojan horses, and other harmful or malicious code, files, scripts, agents or programs.
You are responsible for all activities that occur in your account(s). You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all End User Data; (ii) prevent unauthorized access to, or use of, the Websites, and promptly notify Mobile reCell of any such unauthorized access or use; and (iii) comply with all applicable local, state, federal, and foreign laws in using the Websites.
Links to Third-Party Websites
Your access or use the Websites may consist of various webpages operated by Mobile reCell. The Websites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use and access to the Websites constitutes your agreement to all such terms, conditions, and notices.
Mobile reCell’s Websites may contain links to other websites (“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 Sites, including without limitation any link contained in Linked Sites, or any changes or updates to Linked Sites. 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.
For credit card transactions, Mobile reCell uses Stripe (or another online credit card payment processing company). Stripe is an online credit card payment processing website (See Stripe Service Agreement – United States by clicking on this link: https://stripe.com/legal). Note: For transactions initiated by End Users, your credit card may be charged immediately upon submission. Your signature may be required to complete the transaction. Mobile reCell will not have access to any of your credit card information. You are responsible for paying any credit card processing fees associated with your transactions.
Intellectual Property Rights
All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software, and computer code (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, color scheme, selection, combination, and arrangement of the Content present on the Websites is owned by or licensed to Mobile reCell (Mobile reCell IP). Such Content is protected by copyright, trademark, trade dress, and various other intellectual property and unfair competition laws.
All right, title, and interest in and to (i) any Derivatives (“Derivatives” means customizations, enhancements, interfaces, improvements, integrations, and other modifications of, with, and to Mobile reCell IP), and (ii) all works, inventions and other subject matter incorporating, based on or derived from any Derivatives, in each case by whoever made and including all intellectual property rights therein, are and will remain with Mobile reCell. You have no right or license with respect to any Derivatives, except as expressly otherwise provided for herein. Mobile reCell expressly reserves all other rights in and to the Derivatives.
Except with Mobile reCell’s express prior written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative-works of, re-publish or transmit the Websites or Content (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose.
You may display, copy and download Content from the Websites solely for your personal and non-commercial use provided that: (a) you do not remove any copyright or proprietary notice from the Content; (b) such Content will not be copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such Content.
Disclaimer of Warranty; Limitation of Liability
(A) YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK. MOBILE RECELL, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS DO NOT WARRANT THAT USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITES, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, WEBSITES, OR MERCHANDISE PROVIDED THROUGH THE WEBSITES.
(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL MOBILE RECELL, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR WEBSITES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF MOBILE RECELL OR FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT MOBILE RECELL OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER END USERS OF THE WEBSITES OR ANY OTHER THIRD-PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
(D) Mobile reCell disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Websites, you acknowledge and agree to Mobile reCell’s disclaimer of any such liability. If you do not agree, you should not access or use the Websites.
You agree to defend, indemnify and hold harmless Mobile reCell, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Websites by you. Mobile reCell reserves the right to take over the exclusive defense of any claim for which Mobile reCell is entitled to indemnification under this section. In such event, you shall provide Mobile reCell with such cooperation as is reasonably requested by Mobile reCell.
Scheduled Maintenance 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 Websites 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 conduct 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.
Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Websites, and/or the provision of content, websites, and/or technology on or through the Websites shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Indiana applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of law’s provisions.
Copyright and Trademark Notices
Mobile reCell and Mobile reCell Asset Recovery Simplified are registered trademarks. All contents of the Mobile reCell Websites are copyrighted 2015-2022 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. Any rights not expressly granted herein are reserved by Mobile reCell.