Terms & Conditions
TERMS & CONDITIONS
Last Updates: April 9, 2013
Please read the following general website Terms and Conditions (these “T&Cs” or “Agreement”) carefully before accessing the www.releasemycode.com website (the “Site”), before registering with the Site (“Account”), purchasing any product or using the various services we provide, as defined below, so that you are aware of your legal rights and obligations with respect to the Site, Release My Code LLC., and its affiliates, parents and subsidiaries (individually and collectively, “we,” “us,” “our” “RMC” or “Sponsors”).
Access to this Site is void and unauthorized where prohibited by applicable law or regulation. By using or accessing this Site, you (i) signify your irrevocable acceptance of these general T&Cs and (ii) represent that you are of legal age to agree to these T&Cs. These T&Cs apply to all visitors, users or customers of the Site.
IMPORTANT INFORMATION TO NOTE:
IN ACCORDANCE WITH U.S. COPYRIGHT LAWS, WE DO NOT SELL OR PROVIDE ANY UNLOCK CODES FOR CELLULAR PHONES PURCHASED WITHIN THE U.S AFTER JANUARY 26 2013.
Services: The Site allows customers (“Customers”) to purchase unlock codes (“Codes”) to enable their cellular phones to connect to different wireless telecommunication networks. The purchase of Codes may be subject to restrictions as provided below.
- The purchase of Codes is void where prohibited.
- In accordance with U.S. copyright laws, we do not sell or provide any unlock codes for cellular phones purchased within the U.S. after January 26, 2013.
- The purchase of Codes for cellular phones sold within the U.S. before January 26, 2013 are permitted as long as your network provider has failed to unlock your handset within a reasonable period of time following your request.
The term “Service(s)” shall include any and all services, capabilities, features and benefits available to Customers on the Site. RMC reserves the right to add, change, modify, suspend or discontinue any portion of this Site or the Service(s) offered at any time. RMC may also impose limits on certain Services or features and/or restrict your access to parts of the Site or to the entire Site in their sole and absolute discretion and without notice or liability to anyone.
Eligibility: All Customers must be either more than 18 years of age, emancipated minors, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these T&Cs. Children thirteen (13) years of old or younger are not permitted to use or access the Site and/or Services. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
License to Codes. Not withstanding any other terminology used in these T&Cs or elsewhere on the Site, Codes are licensed, not sold, to you. Your license to and usage of each Code that you obtain through the Site is subject to the following rules:
Your use of the Codes is conditioned upon your prior acceptance of this Agreement.
Usage of the Codes is limited to personal, noncommercial purposes.
The purchase of a Code does not permit you to attempt, encourage or assist any other person to circumvent or modify any security technology or software in contravention of existing US or international laws.
General Payment Terms. The Site utilizes the services of third party credit card processing companies. When required as part of a paid Service, you agree that the credit card information or other payment information you provide is valid, unexpired and corresponds to an account that you are authorized to use. All payments made and amounts received on the Service will be in U.S. Dollars. We reserve the right to request further information from you to assure security of our Services and in line with our credit card processors’ demands.
Refunds. Except as otherwise specifically provided below, all sales are final and no refunds will be issued for any reason. You may request a refund of the dollar amount you paid for a Code in the event RMC fails to retrieve your phone’s Code or the Code fails to unlock your phone within 7 days of your payment on the Site. Some time-restrictions apply.
Proprietary Content: The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to RMC, subject to copyright and other intellectual property rights. The copying, redistribution or publication by you of any part of the Site and Services is strictly prohibited. You do not acquire ownership rights to any Content, Marks or other materials viewed at, on or through the Site and Services.
Indemnification: RMC does not unlock any cellular phones. You are solely responsible for unlocking your own cellular phones. By using or accessing the Site, you hereby release RMC, including, but not limited to, its officers, directors, agents, affiliates, parent companies, subsidiaries and employees, from any and all 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, actions or disputes related to unlocking of your phone. You agree to indemnify, defend and hold RMC, and its subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees (each a “Covered Party”), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Covered Party or other third party and arising out of, (i) your use or misuse of the Site, the Services, (ii) arising from your breach of this Agreement, or (iii) arising from your unlocking of your own phone.
WARRANTIES: You expressly agree that access and/or use of the Site and/or Services is at your sole risk. The Site and Services are provided on an “AS IS” and “As Available” basis, without any express or implied warranty of any kind, including, but not limited, non-infringement of copyright laws. The Site and/or Services may contain bugs, errors, problems or other limitations.
RMC and the Covered Parties have no liability whatsoever for your use of, or inability to use, the Site and/or Services to the fullest extent permitted by applicable law. RMC and the Covered Parties are not liable to you or to any third party for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
The negation of damages set forth above is a fundamental element of the basis of the bargain between RMC and you. The Site and Services would not be provided to you without such limitations. No advice or information, whether oral or written, obtained by you from RMC through the Site and/or Services shall create any warranty, representation or guarantee not expressly stated in this Agreement.
Third-party Websites: The Site may contain links, banner advertisements, pop-ups or other online methods to redirect you to third party websites not owned or controlled by RMC. RMC has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party site. By using the Site, you expressly relieve RMC from any and all liability arising from your use of any third party website. Furthermore, RMC does not endorse, and is not responsible or liable for, any content, advertising, services, products or other materials available through such third party websites or resources, or for any damages or losses arising there from. Accordingly, you are encouraged to be aware when you leave the Site and to read the terms and conditions and privacy policies of each other website that you visit.
Miscellaneous: Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in, or associated with the Site or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. RMC’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision, or any other provisions in this Agreement. You expressly authorize RMC to comply with any and all lawful notices, subpoenas, court orders and/or warrants without prior notice to you.
Any name, brand, logo, or trademarks referencing or identifying a manufacturer, operating system, software developer. licensor or other third party company (“Marks”) are the property of their respective owners. Unless specifically referenced as such, RMC is not endorsed by, sponsored by, affiliated with or otherwise authorized by any such third party.
Dispute Resolution: If a dispute arises between you and RMC, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and RMC agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Services (a “Claim”) in accordance with the subsections below or as we and you otherwise agree in writing. We strongly encourage you to first contact us directly to seek a resolution by sending an e-mail to firstname.lastname@example.org. We will consider any reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Choice of Law and Forum: This Agreement shall be treated as though it were executed and performed in the Crawford County, Arizona and shall be governed in all respects by the laws of the State of Arizona without regard to conflict of law provisions. You agree that any Claim or dispute you may have against RMC must be resolved by a court located in Crawford County, Arizona, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within the Crawford County, Arizona for the purpose of litigating all such Claims or disputes.
Legal Warning: Any attempt by any individual, whether a Customer or otherwise, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Services, is a violation of criminal and civil law and RMC will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
Release My Code LLC.