Terms of Use

Please Read Carefully Before Using This Website:

Phonezip, Inc. (Phonezip) maintains this site for information and communication purposes. This webpage contains the Terms of Use governing your access to and use of the Phonezip.com (the 'Website' or 'Site'). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website.

A. TERMS APPLICABLE TO ALL USERS

1. Overview

YOU MUST BE 18 YEARS OF AGE OR OLDER TO USE THE PHONEZIP WEBSITE. YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.

For users who are not registered with this Website, your use of the Website will be deemed to be acceptance of the Terms of Use, Section A.

For users who are registered with the Website, your use of the Website shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users and (ii) shall be further conditioned when you confirm your password and create a Phonezip account. When you submit your account registration information (name, email, password), you are agreeing to the Phonezip Terms and Conditions described in this document.

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

2. Changes To Terms

Phonezip may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

3. Jurisdiction

The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. Phonezip makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

4. Scope of Use and User E-Mail

You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.

You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy http://www.phonezip.com/help/privacy. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. Phonezip shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Phonezip is strictly prohibited.

5. Copyrights and Trademarks

The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include Phonezip's copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Phonezip.

Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Phonezip. You may not use a part of this Website on any other Website, without Phonezip's prior written consent.

Phonezip respects the intellectual property rights of others and expects our Users/ users to do the same. The policy of Phonezip is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@phonezip.com

6. Links

For your convenience, we provide links to various other Websites, including wireless merchants where you can buy products, that may be of interest to you and for your convenience only. However, Phonezip does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to Phonezip's website and the products and services Phonezip offers. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. Phonezip reserves the right to terminate any link or linking program at any time. Phonezip disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

You may not link to this Website without Phonezip's written permission. If you are interested in linking to this Website, please contact suppor@phonezip.com.

7. No Unlawful Or Prohibited Use

As a condition of your use of the Website, you warrant to Phonezip that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

8. Spamming

Gathering email addresses from Phonezip through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with Phonezip should be directed to: business@phonezip.com

9. No Warranties

THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH Phonezip EXPRESSLY DISCLAIMS. Phonezip DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND Phonezip WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. Phonezip MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Phonezip. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

10. Governing Law, Location and Miscellaneous

These Terms of Use shall be governed in all respects by the laws of the State of Virginia, USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

11. Separate Agreements

You may have other agreements with Phonezip. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Phonezip.

12. DMCA Copyright Policy and Copyright Agent

Phonezip respects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
(iv) Address, telephone number, and, if available, an electronic mail address where we may contact you.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Site's Copyright Agent can be reached at:

Phonezip, Inc.
5765-F Burke Centre Pkwy
STE #350
Burke, VA 22015
copyright@phonezip.com

13. U.S. Resident

You represent that you are a United States resident and that you are 18 years of age or older.

14. No Professional Advice

The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

15. Users Disputes

You are solely responsible for your interactions with other Users. Phonezip reserves the right, but has no obligation, to monitor disputes between you and other Users.

16. User Submissions And Communications; Public Areas:

You acknowledge that you own, solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Phonezip or its affiliates for all claims resulting from content you supply.

If you make any submission to an area of the Website accessed or accessible by the public ('Public Area') or if you submit any business information, idea, concept or invention to Phonezip by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted Phonezip a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Phonezip may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to Phonezip by email. We try to answer every email in a timely manner, but are not always able to do so.

Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. Phonezip has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.

Phonezip reserves the right (but is not obligated) to do any or all of the following:

(a) Record the dialogue in public chat rooms.
(b) Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
(c) Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.
(d) Terminate a Member's access to any or all Public Areas and/or the Phonezip Site upon any breach of these Terms of Use.
(e) Monitor, edit, or disclose any communication in the Public Areas.
(f) Edit or delete any communication(s) posted on the Phonezip Site, regardless of whether such communication(s) violate these standards.

Phonezip reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Phonezip has no liability or responsibility to users of the Phonezip Website or any other person or entity for performance or nonperformance of the aforementioned activities.

17. Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Phonezip confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, 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 held in Fairfax County, VA, USA.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.

18. Limitation of Liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. Phonezip SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF Phonezip HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY Phonezip. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

19. Indemnity

You agree to defend, indemnify, and hold Phonezip, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS

20. Accounts And Security

Phonezip does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each user will select a password ('Password') and Login Name ('Login Name'). You shall provide Phonezip with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.

You may not:

(a) select or use a Login Name of another person with the intent to impersonate that person;
(b) use a name subject to the rights of any other person without authorization;
(c) use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.

You shall notify Phonezip of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Phonezip's sole discretion, and you may be reported to appropriate law-enforcement agencies.

Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at support@phonezip.com

21. Price Drop Alerts

Registered users that subscribe to "Price Drop Alerts" will receive email communications from Phonezip when prices drop on featured wireless products. Phonezip relies on product and pricing data feeds from its network of merchants to enable the Price Drop Alert system, and makes no warranty as to the accuracy of the prices or availability of the products contained in such email communications. You agree to use the Price Drop Alert service solely for individual and personal use and you agree that it is a violation of this agreement for you to use Price Drop Alerts as a tool for unaffiliated business activity.

22. Phonezip Cashback Program

You must be 18 years or older to participate in the Phonezip cashback program. You must also reside in the United States and satisfy all of the requirements described in this agreement.

Phonezip cashback is a service for you to accumulate cashback savings in exchange for making qualifying online purchases through Phonezip-encoded links at stores within our merchant network. These cashback savings will paid by check and made out to the name and address associated with your Phonezip account approximately 45-60 days after the "Shipped" date associated with your cashback-eligible purchase.

Cashback checks are mailed using First Class U.S. Postal Service delivery. Phonezip is not responsible for checks lost in the mail and will not, under any circumstances, attempt to re-deliver a cashback check. It is your responsibility to ensure that the name and address in your Phonezip account is accurate and that you are authorized to receive mail and accept checks. The minimum payout amount is $5. If you have less than $5 in your cashback account, it will carry forward until you have accumulated $5 or more in cashback savings.

In order to accumulate cashback savings, you must first create a Phonezip account and be logged in before purchasing your phone. After logging in to Phonezip at http://www.phonezip.com/signin, you must purchase a "cashback-eligible" wireless device through a cashback-eligible merchant using Phonezip-encoded links and/or buttons.

A wireless device is cashback-eligible if it meets all of the following criteria:

(1) The wireless device you receive is a post-paid cell phone, smartphone, laptop card, or netbook.
(2) The wireless device you receive was purchased as part of a new service plan activation and (a) a new 2-year contract or (b) a 2-year contract extension with a major wireless carrier.
(3) The wireless device you receive is not a prepaid, no-contract/no-credit-check, phone-only product.
(4) The wireless device you receive is not returned or exchanged for a non-eligible product.
(5) The wireless device was ordered ONLINE ONLY (not over the phone or by using any toll-free number).

Cashback-eligible merchants include:

(1) Wirefly
(2) A1 Wireless
(3) Cellular Choices
(4) Phonezip (Private Label cellstores.com storefront)

The following merchants are excluded from cashback program:

(1) AT&T.com (You can get cashback on AT&T products through the eligible merchants above).
(2) TracFone

The phrase "Phonezip-encoded links and/or buttons" means that, while logged into your Phonezip account, your purchase must start by clicking on the "Buy", "Buy Now", or "Shop & Compare" buttons/links that are on the Phonezip website. If you access one of our merchant's websites directly without using Phonezip buttons or links, then your purchase with that merchant will not be eligible for cashback.

We may disqualify reported purchases based on our own determination that you have not complied with this contract or the terms disclosed on the store's site. Please review the exclusions carefully.

You may earn up to $100 per calendar month.

You will not earn cashback savings on purchases where (a) you close your browser or open the store's web site in a different web browser or tab; (b) you click away from the store after clicking on an eligible advertisement; (c) your browser is not configured to accept cookies; (d) the purchase is not completed in the same web browsing session in which you click on the eligible advertisement or listing; (e) the order is later cancelled or the goods or services are later returned; (f) the store does not report the purchase to us; (g) the goods or services are acquired for resale or other business purposes; (h) you use a separate discount or coupon with your order; (i) you exceed the monthly limit on cashback savings; (j) you purchase gift cards or gift certificates; or (k) you make a purchase from yourself or from entities that you control or otherwise in collusion with other people.

Your participation in the Phonezip cashback program will be subject to the terms and conditions in effect at the merchant's website as well as any additional terms and conditions disclosed on the store's site. In the event of a conflict between any of this contract and those terms and conditions disclosed on the store's site, the ones disclosed on the store's site will apply and control.

To participate in the service you must set up a Phonezip account at http://www.phonezip.com/signin by providing all of the required registration information. You must keep this account information up to date, accurate and secure. You may not barter, trade or otherwise exchange your account or maintain more than one account.

Through your member account page, we will report the Phonezip cashback savings you have accumulated.. Within 7 days after a qualifying purchase is reported to us, we will list the purchase in your account with a status of 'pending.' The purchase will stay in pending status for a period of up to 60 days to account for returns, refunds, fraud and other processing issues. After this point, if the purchase is eligible for savings, it will be marked as 'cashback earned' in your account and the associated savings will be eligible for redemption as described below. Our system is automated and relies on reporting to display your accumulated cashback savings. However, you must make sure the cashback savings reported in your account is correct. If you believe that you have earned cashback savings that are not posted to your account, we will not consider posting them to your account unless you contact us within six months after the date of the associated purchase. We may require reasonable documentation to support your claim.

Phonezip cashback savings have no monetary value until the associated purchases are approved. Once approved, we will mail a cashback check to the address in your Phonezip account during the next pay cycle. The pay cycle falls on or around the 15th of each month. You are responsible for any tax liability from your participation in the service.

We may disqualify transactions, reverse previously paid cashback savings, refuse redemptions and/or close your account at any time if you participate in any fraud or abuse relating to the service (including, without limitation, conducting 'sham' transactions or otherwise colluding with merchants), make any misrepresentation in connection with your participation in the service, maintain multiple accounts or do not otherwise comply with this contract. We also may close your account if it has been inactive for 12 months (i.e., no qualifying purchases or redemption of savings during the 12-month period). Accrued but unredeemed Phonezip cashback savings in accounts that are closed will be returned to Phonezip.

We may share your information with stores and our business partners in the cashback program in order to help us address customer support and other issues related to your participation in the cashback program. After each purchase you make, the store you purchase from will send us your purchase information, which we will use to process your cashback. This information, plus the other information you provide when creating an account and using cashback is subject to the Phonezip Online Privacy Statement, available at http://www.phonezip.com/help/privacy.

Advertisers, participating merchants and service providers for the Phonezip cashback program have no obligations to you for the Phonezip cashback program or under this contract.

Termination:

We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services. Any cashback savings accumulated prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such savings.

---

Last Updated: July 7, 2010.