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Terms of Service

JCW, Inc. (“JCW”) owns and operates www.UsediPhones.net (“Website”). By accessing or using the Website, you agree to follow and be bound by these Terms of Use, as JCW may amend them at any time. In this Agreement, the words “user,” "you" and "your" refer to an individual Website user, customer or visitor, "we", us" and "our" refer to JCW and "Services" refers to all services provided by JCW or any third party on or through the Website.

The JCW provides the Website as a service to you, subject to the following Terms of Use, which we can update at any time without notice to you. It is your responsibility to review theses Terms of Use periodically. All amendments automatically go into effect on the day after they are posted on the Website and your use of the Website thereafter constitutes your agreement to all amendments. When using particular JCW services, you shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. For specific services, the JCW also may set forth additions terms differ from the following Terms of Use. If you do not agree with or understand the TOS, do not use the JCW site.

Ownership and Use of Content

Other than content posed by Website users, JCW or our respective third party manufacturers, product owners, vendors and authors own all right, title and interest in and to the content and materials provided on or through the Website, including but not limited to all text, photographs, images, illustrations, graphics and other works of authorship displayed on the Website (“Content”). All Content is protected by copyright, trademark and other laws. You may not copy, publish, redistribute or sell any Content and you acquire no rights in or licenser to the Content.

JCW grants you limited permission to view and print the Content on any single, stand-alone computer solely for your personal, non-commercial use, provided that (i) you do not alter or remove any copyright or trademark notice appearing on the Content; (ii) the Content is not used on any other Website, networked computer environment or as part of a service bureau; and (iii) the Content is not modified in any way. This permission terminates automatically without notice if you breach any of the terms or conditions of this Agreement. Any unauthorized use of any Content contained on this Website may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

Use of Content and User Submissions

Except for User Submissions that you own exclusively, you agree not to reproduce, duplicate, copy, sell or exploit for any Content, User Submission (other than your own), any portion of the Website, use of the Website or access to the Website.

Access and Use of the Website

To gain access to certain non-public areas of the Website and to use certain Website’s features and services, a Website user may be required to register an account (“Account”) and obtain a user name (“User Name”). The Website may allow Users to set up a profile (“Profile”). You agree to register only a single Account, User Name and Profile in connection with the Website. You agree not to allow others to access the Website using your Account. You are required to provide truthful and complete disclosure of your name, the entity you represent (if applicable) and the address and phone number where you can be reached, if requested. Failure to provide this information or providing false information will result in termination of your Account and right to access the non-public areas of the Website. You are required to provide your real name when registering an Account for the Website.

User Submissions, User Names and Profiles may not contain inappropriate or obscene words, phrases or combinations of graphics, or any other content that reasonably would be construed as offensive, vulgar, obscene, hateful, racist, inappropriate or objectionable. JCW is the sole judge of whether Content, User Names or Profile information is inappropriate or objectionable. “Inappropriate” and “objectionable” language includes, but is not limited to, obscene, defamatory, racial or profane words, phrases or combinations of characters.

You must select and use a password in conjunction with your User Name to access the non-public areas of the Website, including your Account. JCW will not be responsible or liable for any damage caused by disclosure of your password or your inability to remember your password. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify JCW of any unauthorized use of your password or any breach of security.

You may not do anything to interfere or attempt to interfere with any function of the Website. You may not take any action that overloads, places an unreasonable burden on or otherwise diminishes the functionality or responsiveness of the Website, which JCW shall solely determine.
You agree to not use the Website to:

1. upload, post, e-mail, or otherwise transmit any User Submission that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or User Submission transmitted through the Website;

4. upload, post, e-mail, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

5. upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in areas designated for such purpose; or

6. “stalk” or otherwise harass another or collect or store personal data about other Users.

Intellectual Property

Other than as expressly in this Agreement, you may not modify, copy, distribute, reproduce, publish, license, create derivative works from, transfer or sell any information, Content or other Users’ Submissions obtained from the Website, other than your own User Submissions.

Graphics, logos, designs, page headers, button icons, scripts, and service names are registered and unregistered trademarks, trademarks or trade dress of JCW or their respective owners. JCW’s trademarks and trade dress may not be used, including as part of trademarks, in meta tags or key word advertising, as part of domain names or email addresses or in connection with any product or service in any manner without JCW’s advance written permission. To receive permission, please send an email to admin@UsediPhones.net or call 916-337-6844.

Disclaimer

JCW does not control and takes no responsibility for User Submissions.

You agree to indemnify and hold the JCW and its subsidiaries, affiliates, officers, agents and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party related to or arising out of your User Submissions, your use of the Website, your violation of the Agreement, or your violation of any rights of another.

The Website, Content and User Submissions on the Website contain hyperlinks to other resources and businesses on the Internet. Those links are provided as citations, resources and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that JCW sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the hyperlinks.

Disclaimer of Warranties

JCW makes no express or implied warranties, representations or endorsements whatsoever with respect to the Website, the Content, User Submissions or any product or service provided or purchased through the Websites. The JCW expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the Website, the Content, User Submissions and any product or service purchased or provided through the Website. JCW does not warrant that the functions performed by the Website or the service will be uninterrupted, timely, secure or error-free, or that defects in the Website or the service will be corrected. The JCW does not warrant the accuracy or completeness of the Content, or that any errors in the content will be corrected. The Website, Content and all services are provided on an “as is” and “as available” basis.

LIMITATION OF LIABILITY

IN NO EVENT SHALL JCW BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF JCW HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE AND ANY INFORMATION, SERVICES, PRODUCTS, CONTENT, OR USER SUBMISSIONS AVAILABLE FROM THE WEBSITES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. JCW'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF JCW'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (i) THE AMOUNT OF FEES YOU PAY TO JCW IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; OR (ii) ONE THOUSAND DOLLARS ($1000.00). BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Compliance

You must abide by JCW’s policies as stated in these Terms of Use and JCW’s Privacy Policy and Intellectual Property Policy as well as all other operating rules, policies and procedures that may be published from time to time on the Website by JCW, each of which is incorporated by reference and each of which may be updated by JCW from time to time without notice to you.

Jurisdiction

JCW controls and operates the Websites from Liberty, Missouri. Any claim relating to the Website shall be governed by the substantive laws of the State of Missouri, without regard to its conflict of law provisions, and you agree that jurisdiction and venue in any legal proceeding arising out of or relating to any of the foregoing shall be exclusive in the state court located in Clay County, Missouri or the United States District Court for the Western District of Missouri located in Kansas City, Jackson County, Missouri. You agree to the exclusive jurisdiction of the federal and state courts located in the State of Missouri, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

PRIVACY POLICY

How JCW Collects and Uses Information

This privacy policy covers your use of the Website and any products or services that JCW or any third party provides through the Website, including how JCW collects and treats your personal information (“Privacy Policy”). JCW gathers personally identifying information about Website Users (“Personal Information”) only when a User provides Personal Information on a voluntary basis such as by registering an Account or Profile, posting User Submissions on the Website or participating in Website forums, chat rooms and the like. JCW will not sell, rent or lease your Personal Information to third parties without your explicit consent, except as specified in this Privacy Policy.

JCW also collects, stores and analyzes log files, including IP addresses and Website usage data, from its servers. For example, JCW collects information on what products Users view, rate and review. JCW collects information to assist JCW in the maintenance, administration and improvement of the Website. JCW may share information with technology partners or may use information for research purposes, but will refer only to aggregate data, not specific User identifying information. JCW occasionally may share information with its affiliates and related technology affiliates. In addition, JCW may combine your information with information that JCW collects from other companies to enhance and personalize the Website, Content, and advertising.

JCW uses “cookie” technology that allows its servers to deposit codes on a User’s computer to record movements between and within websites. JCW uses cookies for Website optimization. JCW’s cookies do not collect Personal Information, and JCW does not combine information collected through cookies with other Personal Information to tell us who you are or what your User Name or email address is.

JCW also uses software tracking technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that helps JCW better manage and improve the Website by informing us what Content is effective and how well each web page performs on behalf of our guests. JCW does not tie the information gathered by clear gifs to your Personal Information. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web user. In contrast to cookies, which are stored on a user's computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We also monitor search terms and titles entered at our site as a means of knowing what interests our customers. The use of cookies by our third party tracking partners is not covered by this Privacy Policy. JCW does not have access or control over these cookies. JCW’s partners may use session ID cookies to support the Website’s functionality such as web analytics reporting.

Children's Privacy

JCW does not knowingly collect or use personal information from children under 13. We are not responsible for the data collection and use practices of third party websites to which to which this Website may link. For more information about the Children's Online Privacy Protection Act (COPPA), visit www.ftc.gov

Security of Your Personal Information

JCW implements physical, electronic and managerial procedures to safeguard and secure the Personal Information it collects. Your JCW Account is protected by a password for your privacy and security. You need to work to protect against unauthorized access to your password and to your computer by signing off once you have finished using a shared computer. When you enter sensitive information (such as credit card number) for registration, JCW encrypts that information using secure socket layer technology (SSL). JCW follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once JCW receives it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while JCW strives to use commercially acceptable means to protect your Personal Information, JCW cannot guarantee its absolute security. Under no circumstances will JCW be responsible or liable for any loss or damages, pecuniary or otherwise, caused by a third party’s unauthorized access to or use of your Personal Information. If you have any questions about security on the Website, you can email JCW at admin@UsediPhones.net

Disclosing Personal Information

JCW may disclose Personal Information to parties in compliance with JCW's Privacy Policy, as JCW in JCW's sole discretion believes necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy or other unlawful activity. In such events, JCW may disclose a User’s name, street address, city, state, zip code, country, phone number, email address and company name.

It may be necessary for JCW to share Personal Information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of JCW's Terms of Use, as specified in this Privacy Policy, or as otherwise required by law. In some cases, JCW may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that is transferred. JCW will transfer your Personal Information if JCW is acquired by or merged with another company. In this event, JCW will notify you by email or by putting a prominent notice on the Website before your Personal Information is transferred and becomes subject to a different privacy policy.

JCW employs other companies and people to perform tasks on our behalf and needs to share your information with them to provide products and Services to you. Examples include, but are not limited to, fulfilling orders, handling billing disputes and collections, analyzing data, providing marketing assistance and providing customer service.

As part of using the Website, you may obtain another JCW User's email address, postal address and/or other information. You have only a limited license to use this information. This information should only be used for JCW-related communications. JCW has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the User, you are prohibited from adding any Website User to your email or physical mail list.

Without limiting the above, in an effort to respect your privacy and JCW's ability to keep the community free from bad actors, JCW will not otherwise disclose your Personal Information to law enforcement, other government officials or other third parties without a subpoena, court order, legal process or substantially similar legal procedure, except when JCW believes in good faith that the disclosure of information is necessary to protect JCW's rights, prevent imminent physical harm or financial loss or to report suspected illegal activity.

Third Parties

Except as otherwise stated, this Privacy Policy addresses only the use and disclosure of information JCW collects from in connection with the Website. If you disclose your information to others, different rules may apply to their use or disclosure of the information you disclose to them. JCW does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. JCW is not responsible for the privacy or security practices of other websites on the Internet, even those linked to or from a JCW Website. JCW encourages you to ask questions before you disclose your Personal Information to others.

INTELLECTUAL PROPERTY POLICY

JCW has adopted the following general policy for copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act (“DMCA”) (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). JCW will respond to notices of this form from jurisdictions outside the U.S. The address of JCW’s Designated Agent to Receive Notifications of Claimed Infringement ("Designated Agent") is listed below.

admin@UsediPhones.net

JCW may respond to a proper notice by (i) removing or disabling access to any Content or User Submission claimed to be subject of infringing activity; and (ii) removing and discontinuing Service to repeat offenders. If JCW removes or disables access in response to such a notice, JCW will make a good-faith attempt to contact the allegedly infringing User so that such User may submit a counter notification.

A. Procedure for Reporting Copyright or Intellectual Property Infringements:

If you materially misrepresent that any Content or User Submission on the Website is infringing your intellectual property, you may be liable for damages (including costs and attorneys' fees). If you are not sure whether the Content or User Submission infringes upon your intellectual property, please contact an attorney before contacting JCW.

If you believe that any Content or User Submission residing on or accessible through the Website infringes a copyright or other intellectual property right, to provide JCW of notice of such infringement, you must send a written notice of the infringement to the Designated Agent listed above (“Infringement Notification. Your notice must specify the type of infringement and include the following information”):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed (by fax or regular mail – not by email, except by prior agreement);

2. Identification in sufficient detail of the material being infringed, including the relevant patent, copyright or trademark registration number;

3. Identification of the Content or User Submission that is claimed to be infringing the identified intellectual property. Include information regarding the location of the infringing Submission with sufficient detail so that JCW is capable of finding and verifying its existence;

4. Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting JCW on the owner's behalf, the address, telephone number and, if available, e-mail address;

5. A statement that the notifier has a good faith belief that the Submission is not authorized by the intellectual property or copyright owner, its agent, or the law; and

6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.

When removing allegedly infringing Content or User Submissions from the Website, JCW will make reasonable attempts to inform the Website User of the removal, the reason for the removal, and may provide the Website with a copy of the notice and the notifying party’s contact information.

B. Removal of Allegedly Infringing Material

Once a proper Infringement Notification is received by the Designated Agent, JCW may remove or disable access to the Content or User Submission infringing the identified intellectual property. If JCW removes or disables access to any Content or User Submission in response to an infringement notice, JCW will make reasonable attempts to notify the Website User that JCW has removed or disabled access to the Content or User Submission. Repeat offenders will have all Submissions removed from the Website and JCW will terminate such Users’ access to the Website.

C. Procedure to Submit a Copyright Counter-Notice to the Designated Agent

If you materially misrepresent that your User Submission is not infringing the intellectual property identified in the Infringement Notification, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not your User Submission infringes the identified intellectual property, please contact an attorney before contacting JCW.

If a Website User believes that his or her User Submissions that was removed or to which access was disabled is not infringing a third party’s intellectual property right, you must send a counter-notice, pursuant to §512(g)(2) and (3) of the DMCA. Please do not re-post the User Submission at issue yourself. The counter-notice must contain the following information to the Designated Agent listed below.

1. Your physical or electronic signature (by fax or regular mail – not by email, except by prior agreement);

2. Identification of the Content or User Submission that has been removed or to which access has been disabled and the location at which the Content or User Submission appeared before it was removed or disabled;

3. A statement, under penalty of perjury, that the you have a good faith belief that the Submission was removed or disabled as a result of mistake or misidentification of the Submission;

4. Your name, address, telephone number, and, if available, e-mail address and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the complaining User’s address is located, or if your address is located outside the United States, for any judicial district in which JCW is located, and that you will accept service of process from the complaining User who provided notification under subsection (c)(1)(C) or an agent of such person.

If a counter-notice is received by the Designated Agent, JCW may send a copy of the counter-notice to the original complaining party informing that person that JCW may replace the removed Submission or cease disabling it in ten (10) business days. Unless the copyright or intellectual property owner files an action seeking a court order against the allegedly infringing Website User, the removed Submission may be replaced or access to it restored in ten (10) to fourteen (14) business days after receipt of the counter-notice, at JCW’s discretion.

Please contact JCW’s Designated Agent to submit Infringement Notifications and Copyright Counter-Notices at the following address:

JCW, Inc.
446 N. Skyline Drive
Liberty, Missouri 64068

(916) 337-6844

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