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User Agreement

THE FOLLOWING DESCRIBES THE TERMS ON WHICH USEDCELLPHONES.COM, LLC OFFERS YOU ACCESS TO OUR FREE POSTING SERVICES FOR LOST AND FOUND CELL PHONES.

Welcome to the User Agreement for usedcellphones.com, LLC. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.usedcellphones.com. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you use our web site.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site.

1. Membership Eligibility.
   Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended past users. If you are a minor, you can use this service only in conjunction with your parents or guardians. If you do not qualify, please do not use our services.
2. Fees and Services.
   Joining and buying items at usedcellphones.com, LLC is free. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the homepage. When you list an item you have an opportunity to review and accept the fees (if any) that you will be charged for the use of our listing services. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
3. We are a Venue.
   usedcellphones.com/lostfound/ is a posting site. We allow anyone to post lost or found cell phones or to search for a phone, at anytime, from anywhere. We are not involved in the actual posting of messages. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the posts, the ability of finders to post or the ability of searchers to find. We cannot ensure that a finder or searcher will actually complete a any kind of transaction.
   3.2 Identity Verification. We use many techniques to identify our users when they register on our site. However, because user verification on the Internet is difficult, we cannot and do not confirm each user's purported identity. We also encourage you to communicate directly with potential posters through the tools available on our site.
   3.4 Release. Because we are a venue, in the event that you have a dispute with a poster of a lost or found cell phone, you release usedcellphones.com, LLC (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
   3.5 Information Control. We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals.
4. Posting Lost or Found Cell Phones.
   4.1 Listing Lost or Found Cell Phones. You must be legally able to post the cell phone(s) you lost or found on our site. You must describe your item and its details on the posting page of our site. Your postings may only include text descriptions, graphics, pictures and other content relevant to that item that was lost or found. All posted cell phones must be listed in an appropriate category.
   4.2 Fraud. Without limiting any other remedies, usedcellphones.com, LLC may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site.
   4.3 Manipulation. Neither you, finders nor searchers may manipulate other user's postings.
5. Your Information.
   5.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, finding or searching process, in any public posting area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
   5.2 Restricted Activities. Your Information (or any items listed) and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are items you have up for sale or auction; (cc) are concurrently listed for sale on a web site other than ours (this does not prevent linking to or advertising an usedcellphones.com, LLC item from another web site); or (dd) you do not have a right to link to or include. Furthermore, you may not post any lost or found item on the site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items.
   5.3 License. Solely to enable usedcellphones.com, LLC to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. usedcellphones.com, LLC will only use Your Information in accordance with our Privacy Policy.
6. Access and Interference.
   Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the usedcellphones.com, LLC site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to usedcellphones.com, LLC by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of usedcellphones.com, LLC or the appropriate third party.
7. Breach.
   Without limiting other remedies, we may immediately remove your item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
8. Privacy.
   We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use our services.
9. No Warranty.
   WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
10. Liability Limit.
    IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

    OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

11. Indemnity.
    You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

12. Legal Compliance.
    You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

13. No Agency.
    You and usedcellphones.com, LLC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

14. Notices.
    Except as explicitly stated otherwise, any notices shall be given by postal mail to usedcellphones.com, LLC Indianapolis, IN 46032 or to the email address you provide to usedcellphones.com, LLC during the registration process . Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to usedcellphones.com, LLC during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

15. Arbitration.
    Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by usedcellphones.com, LLC to collect our fees and/or recover damages for, or obtain an injunction relating to, the usedcellphones.com, LLC site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Indianapolis, Indiana, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or usedcellphones.com, LLC may seek any interim or preliminary relief from a court of competent jurisdiction in Indianapolis, Indiana necessary to protect the rights or property of you or usedcellphones.com, LLC pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.

16. Additional Terms.
    The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on our site:
    Privacy Policy:
    Posting Policy:
    

    Each of these policies may be changed from time to time and are effective immediately after we post the changes on our site, except for the Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular services on our site, you agree that you are subject to any posted policies or rules applicable to services you use through our site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

17. General.
    This Agreement shall be governed in all respects by the laws of the State of Indiana as such laws are applied to agreements entered into and to be performed entirely within Indiana between Indiana residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by usedcellphones.com, LLC, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.4 (Release), 5.3 (License), 6 (Access and Interference), 9 (No Warranty), 10 (liability Limit), 11 (Indemnity) and 15 (Arbitration) shall survive any termination or expiration of this Agreement.

18. Disclosures.
    The services hereunder are offered by usedcellphones.com, LLC., located 8605 Allisonville Road # 284 - Indianapolis, IN 46250-1552. Phone: 317-571-1437

Commercially available parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.