Terms and Conditions of Use

By accessing or using the Cell At Auction website (the “Website”), you agree to abide by these terms and conditions of use.  If you do not agree to abide by these terms and conditions of use, please do not access or use this website.  If you are accessing or using this Website on behalf of a business or other entity, by access or use, that business or entity accepts these terms and you warrant that you are authorized to accept these terms on behalf of that business.  This agreement is effective as of the date you access the Website and, each time you access or use the Website, you agree to abide by these terms and condition as the date of your use or access.

Nothing on this Website constitutes an offer by or on the part of Cell At Auction to sell any goods or services on its own behalf. All goods or services sold on this Website are done so directly by the seller, through and with the assistance of Cell At Auction. Cell At Auction is not a party to the actual transactions conducted by buyers and sellers on this Website.

WARRANTY

Cell At Auction does not warrant the accuracy, currency or completeness of the information or the reliability of any advice, opinion, statement or other materials displayed on, or distributed through, this Website.  The information set forth in this Website may contain inaccuracies and typographical errors.  You acknowledge that any reliance on any such opinion, advice, statement, memorandum or materials shall be at your sole risk.  Cell At Auction does not provide any warranty, representation or user assurance as to the completeness or accuracy of data downloaded or information obtained or from or available on this Website.  Cell At Auction does not provide any warranty, representation or user assurance that your use of the Website, results you may obtain from use of this Website, or material, information, or data downloaded or otherwise obtained from this Website will be uninterrupted, timely, without delays, secure, error free, or will meet any user's requirement.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND THE INFORMATION AND MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS.”  WHERE PERMITTED BY LAW, CELL AT AUCTION SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE.

Indemnification and Release

By accessing and using this Website, you, and any other person or entity on behalf of whom you are accessing this Website, agree to indemnify Cell At Auction and any parent, subsidiary or affiliated entities, and their respective members, managers, partners, shareholders, officers, directors, employees, representatives and agents, and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of this Website.  In addition, you hereby release Cell At Auction and any parent, subsidiary or affiliated entities, and their respective partners, stockholders, members, managers, officers, directors, employees and agents, from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes.  You hereby agree to waive all laws that may limit the efficacy of such releases.

Limitation of Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CELL AT AUCTION BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR TORT DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THAT ARE RELATED TO OR ARISE IN ANY MANNER OUT OF THE USE OF, OR THE INABILITY TO USE, OR ANY DECISION OR ACTION TAKEN IN RELIANCE UPON, THE INFORMATION, CONTENT, MATERIALS, AND FUNCTIONS OF THIS WEBSITE OR ANY LINKED WEBSITE, AND WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE ARE OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

THE TOTAL LIABILITY OF CELL AT AUCTION FOR ANY CLAIM MADE UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID TO USE THE SERVICES ON THIS WEBSITE, OR, AT OUR ELECTION, TO SUPPLYING YOU THE SERVICES AGAIN.

Intellectual Property Rights

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection and arrangement of content in any medium on this Website are copyrighted by Cell At Auction, unless otherwise noted.  The distinctive and original layout and presentation of this Website also constitutes protectable trade dress under applicable federal law.  In addition, proprietary names and marks belonging to Cell At Auction may appear throughout this Website.

The Website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners.  Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Cell At Auction or any third party is strictly prohibited to the fullest extent of the law.

You may not copy or display for redistribution to third parties any portion of this Website without the prior written permission of Cell At Auction.

Third-Party Sites

In the event this Website provides links to other websites, if you use these sites, you will leave this Website.  If you decide to visit any linked site, you do so at your own risk.  In addition, third-party sites may be linked to this site, with or without our consent.  Cell At Auction makes no warranty or representation regarding, does not endorse, and does not accept any responsibility for, any websites linked to or from this Website or the information appearing thereon or any of the products or services described thereon.  Links do not imply that Cell At Auction endorses, is affiliated or associated with, the owner of such linked websites or that Cell At Auction is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Cell At Auction or any of its affiliates.

If you operate another website and are interested in linking to our Website, you agree to be bound by the following rules:  (i) the link must be a text-only link clearly marked; (ii) the link must “point” to the URL “www.cellatauction.com” and not to any other pages; (iii) the link, and use thereof, must be in connection with a website of appropriate subject matter which furthers the mission of Cell At Auction; (iv) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with Cell At Auction's names and marks; (v) the link, and use thereof, may not create the false appearance that an entity other than Cell At Auction is associated with or sponsored by Cell At Auction; (vi) the link, when activated by a user, must display this site full-screen and not with a “frame” on the linked website; and (vii) Cell At Auction reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these terms and conditions of use or through other notice.

DMCA COPYRIGHT TAKEDOWN NOTICES

Cell At Auction responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.  If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a notice of claimed infringement to Cell At Auction’s designated agent by at [info@cellatauction.com] or by mail at [3100 Dundee Suite 208, Northbrook, Ill 60062].  The notice must contain, at least, the following information:

  1. An identification of the copyrighted work claimed to have been infringed.
  2. An Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Cell At Auction to locate the material.
  3. Information reasonably sufficient to permit Cell At Auction to contact you, such as an address, telephone number, and, if available, an email address.
  4. An express statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
  5. An express statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that you claim is being infringed upon.
  6. A physical or electronic signature (i.e., /s/NAME) of the owner or person authorized to act on behalf of the owner of the copyright that you claim is being infringed upon
Miscellaneous

These terms and conditions of use shall be governed by the laws of the State of Illinois, without giving effect to its conflict of laws provisions.  These terms and conditions of use constitute the entire agreement between Cell At Auction and you with respect to your use of this Website.  To the fullest extent permitted by applicable law, you agree that these terms and conditions of use and any other documentation may be provided to you electronically.  Any claim you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises.  You agree that any claims arising out of or relating to these terms or your use of this Website will be litigated exclusively in the federal or state courts of Cook County, Illinois, USA, and you and Cell At Auction consent to personal jurisdiction in those courts, and you agree to waive a trial by jury.  If any provision hereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder shall continue in full force and effect.

Information displayed on this Website is subject to modification without notice. Cell At Auction reserves the right to modify this Website without any obligation to notify past, current or prospective Website users. Cell At Auction may also terminate, suspend or discontinue any aspect of this Website, including your use, the availability of any features of the Website, at any time. We may also impose limits on certain features and services or restrict your access to parts of or the entire Website without notice or liability.

4818-5033-6019, v.  1

CELL AT AUCTION LLC.
899 Skokie Blvd
Suite 430
Northbrook, Il 60062

phone: 847-977-2314

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