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PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE PhoneOutlet.CO WEBSITE OR RELATED SERVICES.

Welcome to the PhoneOutlet.CO Site and Services (“PhoneOutlet.CO”) operated by James Cellular Corporation ("JCC").

  1. Description of the PhoneOutlet.CO Service

    PhoneOutlet.CO is an online resource for purchasing used, refurbished, and new mobile phones and mobile devices. Please read these terms before accessing this web site. This is a legally binding agreement between you and us.

    These Terms of Service sets forth the standards of use of PhoneOutlet.CO. By using the PhoneOutlet.CO website you agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all use of PhoneOutlet.CO

    In addition to these Terms of Service, your use of PhoneOutlet.CO is governed by our Privacy Policy at http://www.PhoneOutlet.CO/privacy-policy. You agree to our collection, use and sharing of your information as set forth in the Privacy Policy, which may be amended by us from time to time at our discretion.

    By visiting PhoneOutlet.CO and/or by completing the registration process and creating an account for PhoneOutlet.CO, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. PhoneOutlet.CO IS AVAILABLE ONLY TO USERS 18 YEARS OF AGE OR OLDER.

  2. Modifications to these Terms of Service

    We reserve the right, at any time, to modify, alter, or update the terms and conditions of these Terms of Service without prior notice.  Modifications shall become effective immediately upon being posted at PhoneOutlet.CO. Your continued use of PhoneOutlet.CO after amendments are posted constitutes an acceptance of these Terms of Service and any modifications or additions. If you do not agree to the revised terms and conditions, your sole remedy is to immediately stop all use of PhoneOutlet.CO.

  3. Use of PhoneOutlet.CO Website and/or services

    By accessing or otherwise using PhoneOutlet.CO, in any capacity, you are acknowledging and agreeing, and representing and warranting that (i) you have read, understand, and agree to be legally bound and to abide by these Terms of Service, just as if you had signed a written agreemen or written contractt; (ii) you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service; and (iii) if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party.

    We assume responsibility for filtering or monitoring the content viewed by users of PhoneOutlet.CO. We reserve the right, at any time, to: (a) modify or discontinue some or all of PhoneOutlet.CO, including, but not limited to (i) restricting the time PhoneOutlet.CO is available, (ii) restricting the amount of use of PhoneOutlet.CO permitted, and (iii) restricting or terminating any user's right to use PhoneOutlet.CO, with or without notice; (b) charge fees in connection with the use of all or part of PhoneOutlet.CO; (c) modify and/or waive any fees charged in connection with PhoneOutlet.CO; and/or (d) offer opportunities to some or all users of PhoneOutlet.CO. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of PhoneOutlet.CO, in whole or in part, or of any service, content or feature offered through PhoneOutlet.CO. Your continued use of PhoneOutlet.CO following the posting of changes to these Terms of Service will constitute your acceptance of such changes.

    Subject to the above, the terms and conditions set forth herein, and any applicable third party restrictions, JCC grants you a revocable, non-transferable, non-exclusive and non-sublicensable limited right and license to view, use and access PhoneOutlet.CO to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content to the extent made available for such purposes on PhoneOutlet.CO, solely for your informational purposes and for your immediate and private use; and (b) make purchases of goods and services through links found on or through PhoneOutlet.CO. At all times you must retain all PhoneOutlet.CO or third-party copyright and proprietary notices contained in the original materials or any copies thereof. All rights to ownership or use not expressly stated herein are reserved by us and we disclaim any and all implied licenses.

  4. Terms of Sale

    Products purchased from this site are subject to the terms below:

    • Orders
      • When you purchase a Product, an item sold by JCC, clicking the “Place Order” button constitutes an offer to buy the product(s). Your purchase is not complete until we email you to confirm shipment of your order. We reserve the right to reject your offer and not initiate a contract with you.
      • If you wish to cancel your order, we must be notified by phone or email within 16 hours of placing your order, or offer.After 16 hours have elapsed, your offer is considered final, and your right to cancel your offer is deemed waived.
    • Returns
      • In general, all orders are considered final, unless the product, or products received are deemed "defective" or otherwise not fit for use. A device is deemed defective or not fit for use if it arrives damaged or does not function according to the original manufacturer specifications.
      • We must be notified of any defective product(s) within 4 business days from the date the products were delivered. After 4 business days, buyer certifies that products purchased are not defective.
      • If merchandise returned as defective is later determined to not be defective, we reserve the right to charge a $5 product testing fee in addition to any other restocking fees
      • In certain circumstances we may accept returns for orders that are not deemed defective, in which case we may charge a restocking fee of 15%, or $5, whichever is greater.
      • All returns must be post-marked within 5 business days from the date the return was accepted by us.
      • After thirty (30) days from the date of delivery, returns are not accepted under any circumstances.
      • Any products listed in "POOR" condition, or as "Repair Stock" are sold as-is and returns are not accepted for any reason.
    • Shipping and Delivery
      • Once your offer is received and accepted, your order will be shipped within 3 buisness days.
      • Upon receipt by the shipping carrier, title of the goods and products shall transfer to the buyer. JCC shall not be responsible for products lost, stolen, or damaged while products are in physical custody of the shipping carrier
      • For orders under $100, If shipping insurance is requested by the buyer PRIOR to shipment of the products, JCC shall pay to the shipping carrier any costs or fees neccesary to insurance 100% of the items purchase price.
    • Pricing, Products and Accurary
      • Occasionally there may be an error or omission related to the pricing of advertised products. We will use reasonable efforts to correct any pricing errors or omissions as soon as practicable after learning of them. We reserve the right to change, modify, substitute, suspend or remove without notice any pricing information related to products for sale.
      • We reserve the right to cancel any order, or offer if we discover a pricing error or ommision
      • All "cell phones", or "mobile phones" offered on this website, unless otherwised mentioned, will include only the phone,battery, and "battery door" / battery cover.
  5. Registration

    If you elect to register on the PhoneOutlet.CO website and/or participate in any promotions, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the PhoneOutlet.CO account registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we have the right to suspend or terminate your account (including any payments or pending orders) and refuse any and all current or future use of PhoneOutlet.CO (or any portion thereof).

    In addition to any other Registration Data, to register on PhoneOutlet.CO you will be required to choose a password. You are solely responsible for maintaining the confidentiality of any password you may use to access PhoneOutlet.CO, and agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to PhoneOutlet.CO, to any third party. You are fully responsible for all activity that occurs in connection with your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account or PhoneOutlet.CO, and to ensure that you "log off"/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

    In addition to any other rights or remedies available to us, we reserve the right to immediately suspend, terminate, access and investigate the user account of any user upon receipt of a subpoena or law enforcement request, or when we believe, in our sole discretion, that a user is transmitting or is otherwise connected with the distribution of unsolicited bulk email messages (SPAM), or with any fraudulent, misleading, illegal or otherwise objectionable activities. Because of the difficulty associated with quantifying damages, if actual damages cannot be reasonably calculated then you agree to pay liquidated damages of $5 for each piece of unsolicited bulk email connected with your account that references PhoneOutlet.CO, PhoneOutlet.CO, JCC, Inc., or any goods and services offered on PhoneOutlet.CO, or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.

    You agree that we, in our sole and absolute discretion, may terminate your password, account (or any part thereof) or use of PhoneOutlet.CO, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. We may also in our sole discretion and at any time discontinue providing PhoneOutlet.CO, or any part thereof, with or without notice. You agree that any termination of your access to PhoneOutlet.CO under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or to PhoneOutlet.CO. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to PhoneOutlet.CO.

    The provisions of these Terms of Service pertaining to disclaimers, exclusion of damages, limitations of liability and indemnification shall survive any termination of the Terms of Service, Privacy Policy, or use of PhoneOutlet.CO.

  6. User Conduct and Acceptable Use Policy

    Unauthorized use of PhoneOutlet.CO is expressly prohibited. You may not use PhoneOutlet.CO in any way that violates applicable federal, state, or international law, or for any unlawful or deceptive purpose.

    Additionally, we reserve the right, to terminate your access to and use of PhoneOutlet.CO if, in our view, your conduct fails to meet any of the following guidelines for User conduct:

    • You may not misrepresent your identity or impersonate any person.
    • You may not attempt to gain access to any account, computers or networks related to PhoneOutlet.CO without authorization.
    • You may not attempt to obtain any data through any means from PhoneOutlet.CO, except if we intend to provide or make it available to you.
    • You may not attempt to charge others to use PhoneOutlet.CO either directly or indirectly.
    • You may not use PhoneOutlet.CO to harvest or otherwise collect information about others, including e-mail addresses.
    • You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by us in connection with PhoneOutlet.CO
    • You may not use PhoneOutlet.CO in a manner that results in excessive bandwidth usage, as determined by our representative. Use of PhoneOutlet.CO as well as use of PhoneOutlet.CO on any desktop or portable application will be applied toward such bandwidth usage.

    All judgments concerning the applicability of these guidelines shall be at our sole and exclusive discretion. We reserve the right, in our sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit our response to a future complaint.

  7. Limitation of Liability

    THE PhoneOutlet.CO SITE, SERVICES AND CONTENT (PhoneOutlet.CO) ARE PROVIDED "AS IS" AND JCC EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT JCC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.

    Except as specifically stated in this Policy, or elsewhere on PhoneOutlet.CO, or as otherwise required by applicable law, neither JCC nor its directors, employees,contrators, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, your inability to use or the performance of PhoneOutlet.CO or the content whether or not we have been advised of the possibility of such damages.

    In the event that, notwithstanding the foregoing disclaimers and indemnification, we are found responsible to any user for any reason whatsoever, our responsibility shall be limited to $50.00 or actual damages, whichever is less, and shall not include punitive damages or consequential or resulting damages of any nature.

  8. Indemnification

    YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT.

    YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS JCC, INC, ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AGENTS AND THIRD-PARTY PROVIDERS, TO, FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE PhoneOutlet.CO SITE OR SERVICES, YOUR VIOLATION OF THESE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY US OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

    JCC agrees to indemnify, defend and hold you harmless from and against any and all losses, liabilities, costs (including reasonable attorneys’ fees) or damages resulting from any claim by any third party that our proprietary software infringes such third party’s U.S. patents issued as of the Effective Date, or infringes or misappropriates, as applicable, such third party’s copyrights or trade secret rights under applicable laws of any jurisdiction within the United States of America; provided that you promptly notify us in writing of the claim, cooperate with us, and allow JCC sole authority to control the defense and settlement of such claim. If such a claim is made or appears possible, you agree to permit us, at our sole discretion, to enable you to continue to use the Marketing Service or the Documentation, as applicable, or to modify or replace any such infringing material to make it non-infringing. If we determine that none of these alternatives is reasonably available, you shall, upon written request from us, cease use of, and, if applicable, return, such materials as are the subject of the infringement claim. This Section 7 shall not apply if the alleged infringement arises, in whole or in part, from (i) modification of PhoneOutlet.CO by you, or (ii) combination, operation or use of PhoneOutlet.CO with other software, hardware or technology not provided by us. IN NO EVENT SHALL OUR LIABILITY UNDER THIS SECTION 7 EXCEED THE CAP ON LIABILITY SET FORTH IN SECTION 6.

  9. Modifications and Interruption to Service

    We and our service providers utilize diligent efforts to maintain PhoneOutlet.CO, but neither we nor our service providers are responsible for any defects or failures associated with PhoneOutlet.CO, including, without limitation, the email service, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.

    We reserve the right to modify or discontinue our services with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue PhoneOutlet.CO or any part thereof. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our web site and operation of our web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

  10. Third-Party Sites

    PhoneOutlet.CO and certain content may contain advertisements for or links to other Internet sites or resources. PhoneOutlet.CO may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of PhoneOutlet.CO. We encourage you to review said privacy policies of third-parties’ sites. Should you have any problems resulting from your use of any third-party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.

  11. Governing Jurisdiction of the Courts

    The validity, interpretation and construction of this Agreement and all other related matters shall be governed and interpreted by the laws of the State of Arkansas, without regard to its conflict or choice of law principles. Venue for any disputes, controversies, or claims arising out of or relating to this Agreement or the breach hereof, the rights granted or obligations undertaken herein, shall be limited to the circuit court of Pulaski County, Arkansas. Each Party hereby submits to the exclusive jurisdiction of such courts. YOU WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT ANY PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

  12. Compliance with Laws

    You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use PhoneOutlet.CO in any way that violates applicable state, federal, or international laws, regulations or other government requirements.

  13. Prohibition of Class and Represnative actions and non-individualized relif
  14. YOU AND PHONEOUTLET AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.

  15. Other Terms

    If any provision of these Terms of Service shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms of Service and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms of Service shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a user. You agree that by accepting these Terms of Service, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy.

  16. Privacy

    We have established a Privacy Policy to explain to you how your information is collected and used, which you can read athttp://www.PhoneOutlet.CO/privacy-policy. Your use of PhoneOutlet.CO signifies acknowledgment of and agreement to the PhoneOutlet.CO Privacy Policy. You further acknowledge and agree that we may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these terms and conditions, or, in its sole discretion, to protect the rights, property, or personal safety of JCC, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.

  17. Electronic Delivery/Notice Policy And Your Consent

    By using PhoneOutlet.CO, you consent to receive from us all communications including notices, agreements, legally required disclosures or other information in connection with PhoneOutlet.CO (collectively, "Contract Notices") electronically. We may provide such electronic Contract Notices by posting them on PhoneOutlet.CO. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of PhoneOutlet.CO.

    No failure or delay by us in exercising any right or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under these Terms of Service. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

  18. All sales final

    All purchases are considered final.

  19. Entire Agreement

    These Terms of Service sets forth the entire agreement and understanding between you and us with respect to the use of PhoneOutlet.CO, and, supersedes and merges any and all prior oral or contemporaneous agreements, discussions and understandings between the parties, and neither of the parties will be bound by any conditions, inducements or representations other than as expressly provided for in these Terms of Service.

Last updated on 2016-9-12

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