Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this Website agree that access to and use of this Website (including without limitation use of all software, material generated by such software and, as applicable, associated media, printed materials and “online” or electronic documentation) is subject to the following Terms and Conditions of Use in addition to all applicable laws. If you do not agree to these Terms and Conditions of Use, do not use this Website.

Additionally, certain pages of this Website may contain additional terms that govern particular features or offers. In the event that any of the Terms and Conditions of Use contained herein conflict with such additional terms or other terms and guidelines contained within any particular page of this Website, then the Terms and Conditions of Use contained herein shall govern and control your access to and the use of this Website.

SECTION 1. MODIFICATION OF THESE TERMS AND CONDITIONS OF USE

CellCoverage.com (the “Company”) reserves the right to change the terms, conditions and notices under which this Website is offered at any time and from time to time without specific notice to you. The latest Terms and Conditions of Use will be posted on this Website and you are responsible for regularly reviewing these Terms and Conditions of Use.

SECTION 2. PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, neither this Website nor any portion of this Website may be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose not expressly permitted by the Company. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website without the express written permission of the Company. You assume full responsibility for use of the Website. You agree that your providing of information and/or reliance on any information contained within, generated by or otherwise arising from your use of the Website is at your own risk. The Company makes no representation or warranty as to the accuracy, confidentiality, reliability, usefulness or completeness of any of the information provided to, contained in or generated by the Website.

SECTION 3. NOT LEGAL ADVICE OR BASIS FOR DECISIONS

The Company does not accept any liability for the use made by you of the Website. The content of this Website should only be used for information purposes and you should not rely on it to make (or refrain from making) any decision or take (or refrain from taking) any action. This Website is not intended to serve as a vehicle for providing legal advice relating to any applicable laws, nor should it be considered a replacement for consultation with an attorney.

SECTION 4. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Website, you warrant to the Company that you will not use this Website for any purpose that is unlawful or prohibited by these Terms and Conditions of Use. You may not use this Website in any manner which could damage, disable, overburden, or impair this Website or interfere with any other party’s use and enjoyment of this Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Website. Harassment in any manner or form on this Website or through this Website is strictly forbidden.

Impersonation of others on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive or illegal, or which may constitute or encourage a criminal offense, violate the intellectual property or other rights of any third party or which may otherwise give rise to liability or violate any law.

SECTION 5. COPYRIGHT

The entire content included in this Website, including but not limited to text, graphics, logos, icons, images, audio or software is copyrighted under the United States and international copyright laws, and is the property of the Company, its content suppliers or the Company’s use thereof has been authorized or licensed by the owner of such content. The compilation of the content of this Website is the exclusive property of the Company and is protected by United States and international copyright laws. You may display, and subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for internal use of the Website. Any other use, including but not limited to the reproduction, distribution, display, posting, mirroring, or transmission of the content of this Website is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from this Website or to modify such materials in any way.

SECTION 6. TRADEMARKS

All trademarks, service marks and trade names used herein are proprietary to the Company and/or are licensed to the Company. Such trademarks, service marks and trade names are protected by common law and/or federal or international trademark law and may not be used in violation of the Company’s or any of its licensors’ rights.

SECTION 7. TYPOGRAPHICAL ERRORS

The information regarding the products and services included in or available through this Website may include inaccuracies or typographical errors. The Company and/or its respective suppliers may make improvements and/or changes to the information on this Website at any time.

SECTION 8. LIABILITY DISCLAIMER

The company makes no representations or warranties about the suitability, confidentiality, adequacy, usefulness, reliability, availability, timeliness or accuracy of this website or information, products, services and related graphics contained on this website for any purpose. The company does not represent or warrant that the functions contained on this website will be uninterrupted or error-free, that defects will be corrected or that this website or the server which makes the website available are free of viruses or other harmful components. This website and all such information, products, services and related graphics are provided “as is” without warranty of any kind, whether express or implied. To the fullest extent possible pursuant to applicable law, the company and/or its respective suppliers hereby disclaim all warranties, express or implied, with regard to this website and such information, products, services and related graphics, including but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. The above limitations may not apply to you, depending on the laws of your state.

SECTION 9. LIMITATION OF LIABILITY

In no event shall the company, its suppliers or any other party involved in creating or distributing this website be liable for any direct, indirect, punitive, incidental, special or consequential damages or any damages whatsoever, including without limitation damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of this website, with any delay or inability to use this website or related services, the provision of or failure to provide services, or for any information, products, services and related graphics obtained through this website or otherwise arising out of the use of this website, whether based on contract, tort, negligence, strict liability or otherwise, or damages arising from viruses which infect visitor’s computers, even if the company or any of its suppliers has been advised of the possibility of damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

SECTION 10. PRIVACY AND INFORMATION

The Company is committed to protecting your privacy. For more information, you should review the Company’s Privacy Policy [link], which is incorporated herein in its entirety by this reference. The Company does not represent or guarantee the truthfulness, accuracy or reliability of any communications posted by other users of this Website or endorse any opinions expressed by such users. You acknowledge that any reliance on material posted by other users of this Website will be at your own risk.

The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by other users of this Website. If notified by a user of communications which allegedly do not conform to these Terms and Conditions of Use, the Company may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users of this Website for performance or nonperformance of such activities. The

Company reserves the right to remove communications, which are abusive, illegal or disruptive.

SECTION 11. MINORS

You represent and warrant that you are at least 18 years of age and that you possess the legal right to use this Website in accordance with these Terms and Conditions of Use. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or Internet account to access this Website.

SECTION 12. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, injury, liability, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions of Use or any activity related to your use of this Website (including negligent or wrongful conduct) by you or any other person accessing this Website using your computer or Internet account.

SECTION 13. LINKS TO THIRD PARTY SITES

This site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of this site and the Company is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators. Linked Sites have separate terms of use and policies. The Company has no responsibility or liability for policies or actions on Linked Sites or for privacy concerns or content of Linked Sites, and you access them at your own risk.

SECTION 14. TERMINATION/ACCESS RESTRICTION

The Company reserves the right, in its sole discretion, to terminate or refuse your access to this Website and the related services or any portion thereof, or to terminate your account and/or cancel orders at any time, without notice, if the Company believes that your conduct violates the Terms and Conditions of Use contained herein or applicable law or is harmful to the interests of the Company or its other customers. The provisions relating to copyrights, trademarks, disclaimers, limitations of liability and indemnification shall survive cessation or termination of your use of this Website.

SECTION 15. EXPORT CONTROL

The United States of America controls the export of products and information. You agree to comply with such restrictions and not to export or re-export any information (including software) to countries or persons prohibited under the export control laws. By downloading any materials (including any software), you are agreeing that you are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export or re-export of products and information obtained from or through this Website.

SECTION 16. MISCELLANEOUS

Your use of this Website shall be governed in all respects by the laws of the State of New York of the United States of America without regard to conflicts of law principles, and not in any way by the U.N. Convention on Contracts for the International Sale of Goods (1980). You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website (including but not limited to the use of any software or program through this Website) shall be in the state or federal courts located in Erie County, New York, United States of America (and agree not to commence any litigation relating thereto except in such courts). Any cause of action or claim you may have with respect to this Website (including but not limited to the purchase of products sold by the Company) must be commenced within one (1) year after the claim or cause of action arises. The Company’s failure to insist upon or enforce strict performance of any provisions of these Terms and Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions of Use. The Company may assign its rights and duties under these Terms and Conditions of Use to any party at any time without notice to you.

Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of your use of this Website. The Company’s performance hereunder is subject to existing laws and legal process, and nothing contained herein shall be construed to be in derogation of the Company’s right or duty to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by the Company with respect to such use. If any part of these Terms and Conditions of Use 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 these Terms and Conditions of Use shall continue in effect. Unless otherwise specified herein, the Terms and Conditions of Use specified herein constitute the entire agreement between you and the Company with respect to this Website and it supercedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to this Website. A printed version of these Terms and Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.