Terms of  Use

Last Revised: March 30, 2017

Welcome to www.cellairis.com, the Cellairis mobile application, the Cellairis Bundle mobile application, social media pages and other online locations and interactions (each, a “Site” and collectively, the “Sites”) of Global Cellular, Inc., and its affiliates (collectively, “Cellairis”). Cellairis provides the Sites as a service to you subject to the following Terms of Use (“Terms”).

    1. Acceptance of Terms of Use

Please carefully read and print the following Terms before each use of the Sites. By accessing, using or browsing each Site or placing an order on a Site, you acknowledge that you have read and understand and agree to be bound by these Terms, including the disclaimer provided below and Privacy Policy, which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access, use, or browse the Sites or any of their content.

YOUR ACCESS TO, USE OF AND BROWSING OF THE SITES AND THEIR CONTENTS ARE SUBJECT TO THE TERMS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS OR USE THE SITES IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

Cellairis may revise or update the Terms from time to time. You should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Any changes in the Terms take effect upon posting and only apply to use of the Sites after that date. Each time you access, use, or browse a Site, you signify your acceptance of the then-current Terms.

You consent to receive communications from Cellairis in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

    1. Products and Services

The Sites provide an online platform for Cellairis to offer and sell accessories and related products for wireless devices (collectively, the “Products”) and wireless repair and installation services, and other services to users of the Sites or which Cellairis may provide from time to time through the Sites (collectively, the “Services”). Unless otherwise prohibited by law, we reserve the right to change or substitute any Products or Services offered for sale, and the prices or specifications of any Products, at any time and from time to time without any notice or liability to you or any other person. We reserve the right to limit quantities of Products sold or made available for sale on the Sites, and to decline any purchase. The Content (as defined in Section 4), Products or Services on the Sites may be out of date or differ slightly from the actual Products or Services offered, sold or provided by Cellairis.

    1. Permitted Users of Sites

In consideration of your use of the Sites, you represent that either you are of an age to form a legally binding contract and you are not prohibited from contracting for services under the laws of the United States or any other applicable jurisdiction, or your parent or guardian has agreed to these Terms on your behalf.

The Sites are directed to persons 13 years of age or older. Product sales on the Sites are directed to persons 18 years of age or older. Cellairis and the Sites do not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the Sites or to submit any personally identifiable information to the Sites. If you provide information to Cellairis through the Sites, you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse and use the information on the Sites, you represent that you have the permission of a parent or guardian to do so and who agrees to these Terms on your behalf; you may post messages, but you may not submit any personal information. If you are a parent or guardian and believe Cellairis may have inadvertently collected personal information from your child, please notify Cellairis immediately by sending an email to customer.service@cellairis.com.

    1. Permitted and Prohibited Uses of the Sites

You acknowledge and agree that the content available through the Sites, including, without limitation, the Sites’ text, graphics, logos, icons, images, information, material, content, design, layout, and organization (“Content”), is the sole and exclusive property of Cellairis and/or its licensors. You agree not to reproduce, duplicate, modify, copy, sell, resell, or exploit for any commercial purpose, any portion of the Sites or Content other than as expressly authorized by Cellairis in writing. Use of the Sites or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You agree not to access the Sites by any means other than through a standard web browser in any media.

The Sites and Content are provided solely for your own information and personal use. You may not publish, modify, distribute, perform, sell, resell, exploit, or create derivative works from any part of the Sites or Content unless expressly authorized by Cellairis in writing. You agree that you will not remove, obscure, or modify any acknowledgements, credits, or legal, intellectual property or proprietary notices, or any marks or logos contained on the Sites or in the Content.

Special terms may apply to some Products or Services offered on the Sites, or to any sweepstakes, contests, games, features, promotions, or activities that may be offered on the Sites (collectively, the “Activities”). Such special terms (which may include official rules and expiration dates) may be posted in connection with the applicable Product, Service, or Activity. By entering or participating in an Activity you will become subject to those terms or rules. We urge you to read the applicable terms or rules, which are linked from the particular Activity, and to review our Privacy PolicyPrivacy Policy which, in addition to these Terms, governs any information you submit in connection with such Activity. Any such special terms or rules are in addition to these Terms and, in the event of a conflict, any such terms or rules shall prevail over these Terms.

    1. Information Relating to Purchases

If you wish to purchase Products or obtain the Services described on the Sites, you will be asked by Cellairis or a third party provider of the Product or Service to supply certain information applicable to your purchase, including, without limitation, credit card and other payment information. You understand that any such information will be treated by Cellairis in the manner described in our Privacy Policy. You agree that all information that you provide to Cellairis or such third party provider will be accurate, current, and complete. You agree to pay all charges incurred by you or any users of your account and credit card or other payment mechanism at the price(s) in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to your purchases.

    1. Privacy Policy

Please review the Privacy Policy for the Sites. If you do not agree with the Privacy Policy, you are not authorized to use the Sites. The terms of the Privacy Policy are incorporated in these Terms by reference.

    1. Account Password and Security

Some areas of the Sites may require you to register an account with us. Your registration is subject to our review and approval and we reserve the right not to approve, or withdraw our approval of, your registration for any reason or no reason. In registering or using this Site, you agree to provide, maintain, and update information that is true, accurate, current and complete about yourself when registering and on an ongoing basis. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, or if we suspect that any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Sites or your account.

When you register to open an account on a Site, you will be required to: provide your email address, which will be used as your username, select a password to be used in conjunction with your account, and to provide your first and last name. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password and your account, whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify Cellairis of any unauthorized use of your password or account or any other breach of security. Cellairis is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section.

If you choose to make a purchase without opening or logging into an account, you may be asked to provide, or you may be assigned, a temporary password in connection with that transaction.

    1. Proprietary Rights

You acknowledge and agree that, as between Cellairis and you, all right, title and interest in and to the Sites and Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know how, or any other intellectual property rights, are owned exclusively by Cellairis or its licensors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws. You agree that you will not modify, decompile, disassemble, reverse engineer, or create derivative works of the Sites or any portion thereof.

Copyright: All Content, such as text, graphics, videos, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of Cellairis or its licensors and content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Sites solely for your own information and personal non-commercial use. Any other use, including without limitation the reproduction, modification, distribution, transmission, publication, display, performance, or commercial exploitation of Content, is strictly prohibited.

Trademarks: The trademarks, service marks, logos, slogans, trade names, and trade dress used on the Sites are proprietary to Cellairis or its affiliates or licensors. Without limiting the foregoing, CELLAIRIS®, Cellairis.com®, any Cellairis logo, Shell Shock®, and Rapture®, are trademarks which have been licensed to Cellairis’ affiliate, Global Cellular, Inc. by the trademark owner. Unauthorized use of any trademark of Cellairis or its affiliates or licensors may be a violation of applicable trademark laws. Any third party names or trademarks referenced in the Sites do not constitute or imply affiliation, endorsement or recommendation by Cellairis of the third parties, or by the third parties of Cellairis.

    1. Your Indemnity of Cellairis

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD CELLAIRIS AND ITS AFFILIATES, LICENSORS, LICENSEES, FRANCHISEES, VENDORS, SUPPLIERS, AND THEIR RELATED PARTIES (EXCEPT FOR YOU WITH REGARD TO YOUR SUBMISSIONS), INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, SERVICES PROVIDERS, SUCCESSORS, ASSIGNS, AND OTHERS ACTING IN CONCERT WITH ANY OF THE FOREGOING, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, EXPENSE, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO, RELATING TO OR ARISING OUT OF (A) YOUR SUBMISSION(S) OR ANY OTHER CONTENT OR MATERIALS YOU SUBMIT TO US OR TRANSMIT TO THE SITES; (B) YOUR BREACH OR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF CELLAIRIS OR ANY THIRD PARTY WHOSE LEGAL RIGHTS YOUR ACTIONS HAVE DAMAGED; AND (C) ANY ACTIVITY THAT OCCURRED UNDER YOUR ACCOUNT, USERNAME, AND/OR PASSWORD.

    1. User Generated Content

Communications Services: The Sites may contain blogs, chat areas, forums, comments, rankings, communities, calendars, Activities, and/or other message or communication facilities designed to enable you and others to communicate with other Site users or Cellairis (collectively, “Communication Services”). You acknowledge that your submissions to the Sites may be or become available to others on the Sites and elsewhere. You agree only to post submissions or send and receive messages and materials that are appropriate, not confidential or private, and related to the particular Communication Service. You are responsible for the submissions you make or post to the Sites. You should only provide submissions that you are comfortable sharing with others under these Terms.

Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Cellairis reserves the right to determine what types of conduct it considers to be inappropriate use of the Sites. In the case of inappropriate use, Cellairis may take such measures as it determines in its sole discretion.

By way of example, and not as a limitation, you agree that you will not:

      1. Use any Site or Content for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.
      2. Violate any code of conduct or other guidelines which may apply to any particular Communication Service.
      3. Take any action that places an unreasonable or disproportionately large load on a Site’s infrastructure or otherwise that may adversely affect performance of the Sites or restrict any other user or Cellairis from using or enjoying the Communication Services or the Sites.
      4. Use a Site for unauthorized framing or linking, or via automated devices, bots, agents, crawl, scraping, scripts, intelligent search, or any similar means of access to Content.
      5. Aggregate, copy, duplicate, publish, or make available any Content to third parties outside the Sites in any manner.
      6. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy or publicity) of others, or impersonating anyone else or misrepresenting your identity or affiliation.
      7. Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, pornographic, offensive, harassing, infringing, obscene, indecent, or unlawful topic, name, material, content, or information.
      8. Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.
      9. Upload or transmit files that contain viruses, mal-ware, disabling code, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
      10. Use a Site to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
      11. Harvest or otherwise collect information about others, including without limitation email addresses or other contact information, without their consent, or hack or violate any security measures.
      12. Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.
      13. Engage in any other action that, in the judgment of Cellairis, exposes it or any third party to potential liability or detriment of any type.

User Materials: Any content or views submitted or otherwise made available by users through the Sites (“User Materials”) are strictly those of the originating author, who is solely responsible for its content. Use of or reliance on User Materials is entirely at your own risk. Cellairis does not endorse any User Materials nor vouch for their reliability. Under no circumstances will Cellairis be liable in any way for any User Materials.

You acknowledge that Cellairis may or may not pre-screen User Materials, but that it has the right (but not the obligation) in its sole discretion to pre-screen, refuse, delete and/or move any User Materials that are available via a Site. Without limiting the foregoing, Cellairis has the right to delete or remove any User Materials that violate the Terms or are otherwise objectionable in Cellairis’ sole discretion. Cellairis shall have no liability for such deletion or removal. By viewing this site, you agree that such viewing and reading does not violate the laws or standards imposed by your town, city, state or country.

You understand that by using a Site, you may be exposed to User Materials that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others. You further acknowledge and agree that you will not rely on any Content or User Materials available on or through the Sites.

Submissions: You are solely responsible for the User Materials that you post, share, email, transmit or otherwise make available via a Site (“Submission”). All Submissions are subject to these Terms. Cellairis is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion.

By making a Submission, you represent and warrant that your Submission is true, accurate, and not misleading; that you own all right, title, and interest, including copyright, to your Submission, and that your Submission is your own original work; that your Submission does not include the trade secret or confidential information of others, and does not infringe any other person’s or entity’s rights; and that you and any other person or entity (or its owner) mentioned or shown in your Submission hereby release and hold harmless Cellairis and its designees from and against any and all claims concerning Cellairis’ or its designees’ use, modification or distribution of the Submission or any part thereof. You must hold all necessary releases, licenses, and consents concerning the contents of your Submission and rights to post, distribute, or transmit your Submission.

You agree that you will evaluate and bear all risks associated with your Submission and any disclosure in your Submission. Submissions will be available to Site users and to users of other websites and services.

By making a Submission, you grant Cellairis and its affiliates, licensees, assignees, and designees an irrevocable, assignable, transferable, fully sub-licensable (through multiple levels of sublicensees), perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform, publicly display, and create derivative works of your Submission (in whole or in part), along with your name or any part thereof, your city/town/village of residency, and other information from your user profile, in Cellairis’ sole discretion, on the Sites or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, marketing, review, recommendation, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and waive, release, and hold Cellairis and its affiliates, licensees, assignees, and designees harmless against any and all claims based on privacy, publicity, defamation, misappropriation, intellectual property, or similar claims for any use of your Submission.

    1. Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement

Cellairis may, in its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied on a Site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Cellairis’ Copyright Agent a Notice containing the following information:

      1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
      2. a description of the copyrighted work that you claim has been infringed;
      3. a description of where the material that you claim is infringing is located on the Sites (providing URL(s) in the body of an email is the best way to help Cellairis locate content quickly);
      4. your name, address, telephone number, and email address;
      5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
      6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright or intellectual property owner’s behalf.

Cellairis’ Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached by sending an email to copyright.agent@cellairis.com.

    1. Links to Other Websites

The Sites may contain advertisements, postings, and links to websites operated by other parties. The Sites provide these advertisements, postings, and links as a convenience, and your use of other sites, products, or services is at your own risk. The advertisements, postings, and linked sites are not under the control of Cellairis which is not responsible for their content. Such advertisements, postings or links or references to third party goods or services do not imply endorsement of information, material, products, or services of any third party or on any other site. Cellairis disclaims all liability with regard to your access to and use of such information, material, products or services, or transactions with such linked websites or third parties. You acknowledge and agree that Cellairis shall not be responsible or liable, directly or indirectly, for any damage, loss, or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SITES AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES, AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY. CELLAIRIS ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD-PARTY SITE THAT YOU VISIT.

    1. Modifications to the Sites, Products, Services or Activities

Cellairis reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Sites, Products, Services, or Activities or any portion thereof, with or without notice. You agree that Cellairis will not be liable to you or to any third party for any modification, suspension, or discontinuance of a Site, Product, Service, or Activity. You should retain copies of your Submissions that you may want to save and not rely on the Sites to preserve your Submissions.

    1. Suspension and Termination Rights

Cellairis reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Sites, Products, Services, or any part thereof for any reason, including without limitation any breach by you of these Terms. You agree that Cellairis shall not be liable to you or any third party for any such suspension, discontinuance, or termination.

    1. Disclaimer

THE SITES AND CONTENT AND ALL INFORMATION, CONTENT, SERVICES, PRODUCTS, AND ACTIVITIES OFFERED, CONTAINED IN, OR ADVERTISED ON THE SITES, INCLUDING WITHOUT LIMITATION TEXT, VIDEO, GRAPHICS, AND LINKS, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CELLAIRIS AND ITS AFFILIATES, LICENSORS, LICENSEES, FRANCHISEES, VENDORS, SUPPLIERS, AND RELATED PARTIES (EXCEPT FOR YOU WITH REGARD TO YOUR SUBMISSIONS) AND THEIR RESPECTIVE, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, SERVICES PROVIDERS, SUCCESSORS, ASSIGNS, AND OTHERS ACTING IN CONCERT WITH ANY OF THE FOREGOING, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, ACTIVITIES, AND MATERIALS, AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE FOREGOING, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SUITABILITY, FREEDOM FROM COMPUTER VIRUS, ACCURACY, RELIABILITY, SAFETY, NON-INTERRUPTION, PERFORMANCE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR COMPLIANCE WITH APPLICABLE LAW. YOUR USE OF THE SITES AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK.

Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content or access to the Sites is free of viruses or other harmful code.

    1. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CELLAIRIS AND ITS AFFILIATES, LICENSORS, LICENSEES, FRANCHISEES, SUPPLIERS, AND RELATED PARTIES (EXCEPT FOR YOU WITH REGARD TO YOUR SUBMISSIONS), AND THEIR RESPECTIVE, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, SERVICES PROVIDERS, SUCCESSORS, ASSIGNS, AND OTHERS ACTING IN CONCERT WITH ANY OF THE FOREGOING, DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE SITES, USE, INABILITY TO USE OR PERFORMANCE OF, OR THE INFORMATION, CONTENT, PRODUCTS, SERVICES, ACTIVITIES OR MATERIALS AVAILABLE FROM OR THROUGH THE SITES. EXCEPT FOR INSTANCES OF GROSS NEGLIGENCE, INTENTIONAL WRONGDOING, WILLFUL, MALICIOUS OR WANTON MISCONDUCT OR WHERE OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL CELLAIRIS OR ITS AFFILIATES, LICENSORS, LICENSEES, FRANCHISEES, SUPPLIERS, OR RELATED PARTIES (EXCEPT FOR YOU WITH REGARD TO YOUR SUBMISSIONS), AND THEIR RESPECTIVE, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, SERVICES PROVIDERS, SUCCESSORS, ASSIGNS, AND OTHERS ACTING IN CONCERT WITH ANY OF THE FOREGOING, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM (A) THE USE OF OR THE INABILITY TO USE THE SITES, PRODUCTS, SERVICES, OR ACTIVITIES, (B) ANY LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA, (C) YOUR OR ANY THIRD PARTY’S SUBMISSION(S); OR (D) PROCUREMENT OF ANY SUBSTITUTE PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLES, WHETHER SUCH CLAIM OR ACTION IS BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTORY LIABILITY, OR OTHERWISE AND EVEN IF CELLAIRIS OR ANY OF THOSE ENTITIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY.

WITHOUT LIMITING THE FOREGOING, IF YOU ARE A USER WHO HAS MADE A PURCHASE WITH US PREVIOUSLY, AND ARE DISSATISFIED WITH ANY PORTION OF THE SITES, ACTIVITIES, OR THESE TERMS, THE MAXIMUM TOTAL AGGREGATE LIABILITY OF CELLAIRIS OR ITS AFFILIATES, LICENSORS, LICENSEES, FRANCHISEES, SUPPLIERS, AND RELATED PARTIES (EXCEPT FOR YOU WITH REGARD TO YOUR SUBMISSIONS), AND THEIR RESPECTIVE, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, SERVICES PROVIDERS, SUCCESSORS, ASSIGNS, AND OTHERS ACTING IN CONCERT WITH ANY OF THE FOREGOING, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SITES OR CONTENT, INFORMATION, MATERIALS, PRODUCTS, SERVICES, OR ACTIVITIES ON OR THROUGH THE SITES SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU TO CELLAIRIS, IF ANY, FOR ANY PRODUCTS OR SERVICES PURCHASED BY YOU FROM THIS SITE.

WITHOUT LIMITING THE FOREGOING, IF YOU ARE A USER WHO HAS NOT MADE A PURCHASE WITH US PREVIOUSLY, AND ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND TERMINATE YOUR DEALINGS WITH CELLAIRIS.

THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND THE SITE. ABSENT SUCH LIMITATIONS, CELLAIRIS WOULD NOT PROVIDE YOU WITH THE SITE OR OFFER THE PRODUCTS, SERVICES, AND ACTIVITIES IN CONNECTION WITH THE SITE.

Exclusions and Limitations: Because some jurisdictions, including the State of New Jersey, do not allow for certain limitations with respect to duration or disclaimer of warranties, or exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law. If it is finally determined by a court of law or an arbitrator that the limitation of liability set forth in this Section 16 does not apply to you, then you agree that Cellairis’ total liability in the aggregate for any claims made by you or any third party on your behalf shall not exceed one hundred dollars ($100.00).

    1. Notice Required by California Law

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:

The name, address and telephone number of the provider of this service is Global Cellular, Inc., 6485 Shiloh Road, Building B, Unit 100, Alpharetta, GA 30005, 678-513-4020 extension 236. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to customer.service@cellairis.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

    1. Arbitration; Governing Law and Disputes

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT OUTLINES CERTAIN RIGHTS THAT YOU ARE WAIVING OR LIMITING BY USING THE SITES. REMEMBER THAT USE OF THE SITES CONSTITUTES ACCEPTANCE OF THESE TERMS, INCLUDING THE PROVISIONS RELATING TO ARBITRATION, GOVERNING LAW, AND DISPUTE RESOLUTION. THIS SECTION WAIVES THE FOLLOWING RIGHTS THAT YOU MIGHT OTHERWISE HAVE:

THE RIGHT TO HAVE THE LAW OF ANY JURISDICTION, OTHER THAN THAT OF THE STATE OF GEORGIA, U.S.A, APPLY TO A DISPUTE BETWEEN YOU AND CELLAIRIS.

      1. THE RIGHT TO HAVE A JURY TRIAL.
      2. THE RIGHT TO BRING A COURT ACTION FOR MOST DISPUTES BETWEEN YOU AND CELLAIRIS.
      3. THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, INCLUDING AS A CLASS REPRESENTATIVE OR CLASS MEMBER.
      4. THE RIGHT TO JOIN OR CONSOLIDATE CLAIM(S) INVOLVING YOU WITH CLAIMS INVOLVING ANY OTHER PERSON.
      5. THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION.

Governing Law: These Terms and any disputes arising out of, relating to, or connected with these Terms, the Privacy Policy, or the Products, Services, and Activities offered, sold, or provided through the Sites, shall be governed by, and will be construed in accordance with, the laws of the State of Georgia, U.S.A., without regard to choice of law principles, except as to matters relating to arbitration, which shall be governed by the Federal Arbitration Act.

Agreement to Arbitrate: ALL DISPUTES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE SITES, THESE TERMS, THE PRIVACY POLICY, OR THE PRODUCTS, SERVICES, AND ACTIVITIES OFFERED, SOLD, OR PROVIDED THROUGH THE SITES, WILL BE EXCLUSIVELY RESOLVED UNDER CONFIDENTIAL, BINDING, INDIVIDUAL, ARBITRATION HELD IN FULTON COUNTY, GEORGIA BEFORE AND IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, BY A SOLE ARBITRATOR APPLYING GEORGIA LAW (WITHOUT REGARD FOR CONFLICTS OF LAW PRINCIPLES). There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. Any action to enforce an arbitrator’s award will be brought in a federal or state court located in Fulton County, Georgia. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Georgia State courts in Fulton County. Notwithstanding anything to the contrary this Section, Cellairis may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

Waiver of Certain Types of Actions: You agree that to the fullest extent permitted by law: (1) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (2) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED OR ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (3) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons; and (4) you have no right or authority for any dispute to be brought, heard, or arbitrated as a private attorney general action. To the extent that the foregoing sentence or any portion thereof is found to be unenforceable, and if such a finding allows for your claims to brought on non-individual, class action, collective action, representative, or private attorney general basis, you and Cellairis agree that such actions will not be decided in arbitration and must be litigated in a civil court. You irrevocably agree that the federal and state courts located in or for Fulton County, Atlanta, Georgia, U.S.A., are the sole and exclusive forum and venue for any dispute litigated in a civil court, as the most convenient and appropriate to address any disputes, and you agree to submit to the jurisdiction and venue of such courts.

Waiver of Jury Trial: YOU AND CELLAIRIS HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY WITH REGARD ANY DISPUTE, CLAIM, QUESTION, OR DISAGREEMENT ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THE SITE, THESE TERMS, THE PRIVACY POLICY, OR THE PRODUCTS, SERVICES, AND ACTIVITIES OFFERED, SOLD, OR PROVIDED THROUGH THE SITES, OR THE RELATIONSHIP OF THE PARTIES HEREUNDER.

Use of the Site Outside of the United States: The Sites are controlled within the state of Georgia, U.S.A., and directed to individuals residing in the United States. Those who choose to access the Sites from locations outside the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent applicable. Cellairis does not represent that the Sites or Content are appropriate outside the United States. Access to this Site from jurisdictions or territories where the Contents of this Site are illegal or penalized is prohibited. Cellairis has no obligation to provide access to the Sites, Products, Services, or Activities and reserves the right to limit the availability of the Sites to any person, geographic area, or jurisdiction at any time in its sole discretion.

    1. Force Majeure

Cellairis shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, severe weather conditions, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including without limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor, or materials.

    1. Miscellaneous

These Terms set forth the entire understanding and agreement between you and Cellairis with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Cellairis’ failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer these Terms or your rights or obligations under these Terms without the prior written consent of Cellairis, and any assignment or transfer in violation of this provision shall be null and void. Cellairis may assign, transfer, sublicense, or delegate our rights or obligations under these Terms either in whole or in part, at any time, at our sole discretion, and without your consent. There are no third party beneficiaries to these Terms. No joint venture, partnership, shareholder, employment, or agency relationship exists between Cellairis and you as a result of agreeing to these Terms or your use of the Sites, Products, Services, or Activities.

By placing an order for the purchase of product at www.cellairis.com, you represent that you have the authority to both place and direct payment for the order. If you are paying for your order via credit/charge card, you represent that you are an authorized user of the credit/charge card and authorize Global Cellular, Inc. to charge the credit/charge card you provided in the amount specified at checkout prior to completion of the order. You agree not to dispute the payment with your credit card company, so long as the transaction corresponds to the terms provided to you at checkout.

Questions?

Please direct any questions you may have about these Terms, technical questions or problems with the disclosure of any Sites, or comments or suggestions to Cellairis at customer.service@cellairis.com.

Last updated: March 30, 2017

Conditions of Use in effect prior to March 30, 2017 can be found here.