Terms of Use

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE AND RELATED WEB PAGES, SOFTWARE, APPLICATIONS, AND OTHER SERVICES. USING THESE SERVICES INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THESE SERVICES.

Use of Site. CellTrust® Corporation (“CellTrust®”) authorizes you to view and/or download the materials at this Website and other CellTrust® Websites that are linked to this site or affiliated with this site (collectively, the "Site"), under the condition that all the information, programs, processes, methodologies, communications, software, scripting, photos, text, video, graphics, sounds, images and other materials and services found on the Site (collectively "Content") may not be copied or distributed, or republished, uploaded, posted, publicly displayed, performed, distributed or transmitted in any way, without the prior written consent of CellTrust® EXCEPT: only for your personal, non-commercial use, including the evaluation of our software products, and provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. For purposes of these Terms, any use of this Content on any other Web site or networked computer environment for any other purpose is prohibited.

Use of Software. If you download any applications, including software applications, or other software from this Site ("Software"), the Software, including all code, files, images, contained in or generated by the Software, and accompanying data, are deemed to be licensed to you by CellTrust® for the purposes of evaluation and/or use as set forth in the Terms of Use and any other applicable agreements, for example, a Software Sales Agreement. Neither title nor intellectual property rights are transferred to you, but remain with CellTrust®, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form. You may not download or install the Software until you have read and accepted these Terms.

Copyrights, Trademarks And Service Marks. Unless otherwise noted, all Content and other materials on the Site and in the Software (Site and Software sometimes collectively referred to as “Services”) are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by CellTrust® or by other parties that have licensed their material to CellTrust®. The Content of the Services is copyrighted and any unauthorized use of the Content of the Services may violate copyright, trademark, and other laws, in addition to being a material breach of the Terms of Use.

There are a number of proprietary logos, service marks, trademarks, slogans and product designations (“Marks”) found on the Site and in the Software. By making these Marks available on the Site and in the Software, CellTrust® is not granting you a license to use them in any fashion. Access to the Services does not confer upon you any license under any of CellTrust's® or any third party's intellectual property rights. Use of CellTrust's® proprietary logos, service marks, trademarks, slogans and product designations found on this Site and in the Software by users is restricted as set forth in the Terms of Use.

The following trademarks and other marks (not listed here) are used in connection with the Services, and are the proprietary trademarks of CellTrust®:

CellTrust® (U.S. Serial No. 78/940,065)
CellTrust® & Design™
CellTrust® WALLET™
CellTrust® SecureSMS®
CellTrust® SecureMMS™
CellTrust® FLIGHTASSIST™
CellTrust® RELATIONSHIPMOBILE™
CellTrust® RELATIONSHIPMOBILE OEM™
CellTrust® ENGAGE™
CellTrust® ENGAGE OEM™
PRIMEMESSAGE™ (Canadian Application No. 1258479)
POWER OF MOBILITY! ™ (Canadian Application No. 1258480)
PRIME MESSAGE POWER OF MOBILITY! & Design ™ (Canadian Application No. 1258478)
SECURE MOBILE INFORMATION MANAGEMENT™
TXT AVENUE™ (Canadian Application No. 1258481)
TXT FLIGHT™ (Canadian Application No. 1306133)

CellTrust's® trademarks may be used publicly only with prior written permission from CellTrust®. Fair use of CellTrust's® trademarks in advertising and promotion of CellTrust® products requires proper acknowledgment. No CellTrust® trademark or service mark may be used as a hyperlink without CellTrust's® prior written permission. Other trademarks that may appear in connection with the Services may be owned by third-parties and used with the permission of the third-parties. You also agree not to use those trademarks without the permission of their respective owners.

The various marks used in connection with the Services represent some of the marks currently owned or controlled by CellTrust® or under license to CellTrust®. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all CellTrust® worldwide proprietary ownership rights, and CellTrust® may own or control other proprietary rights in one or more countries outside of the United States.

User Submissions. CellTrust® does not solicit, but may accept, any product or process ideas, innovations suggestions, improvements or other user submissions, with the understanding that all remarks, suggestions, ideas, innovations, graphics, materials, information, data, concepts, submissions or other communications you transmit or post to the Site and/or to CellTrust® using the Services (together, the "Communications") are assigned to, and will forever be the property of, CellTrust® without any further compensation or other benefit to the user submitting such Communications. Other than personally identifiable information, which is covered under the CellTrust® Privacy Policy any Communications will be considered non-confidential and non-proprietary. CellTrust® will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future CellTrust® operations. CellTrust® will have exclusive ownership of all present and future existing rights to the Communications of every kind and nature everywhere.

For any Communications that cannot be legally assigned to CellTrust®, you hereby grant CellTrust® and its designees an unrestricted, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Communications for any and all commercial or non-commercial purposes, and agree that CellTrust® is free to use any ideas, concepts, know-how or techniques that you send CellTrust® for any purpose whatsoever without compensation to you or any other person sending the Communication. In addition, you warrant that all so-called "moral rights" with respect to the Communication have been waived.

You are prohibited from using the Services to post, transmit, communicate, and/or deliver, to CellTrust® or other users, any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other material that would violate any law, or that could give rise to any civil or criminal liability under the law.

User Forums or other Communication Networks. CellTrust® may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards, communication networks, text messaging (SMS and the like) networks, or other user forums, and the content of any such Communications. CellTrust® also may, but is not obligated to, monitor communications between users who employ the Services to communicate with other users. CellTrust®, is free in its sole discretion to remove, edit, delete or modify any Communications deemed undesirable without prior notice to the user submitting such Communications; however, CellTrust® will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise, and retains the right to remove messages that include any material deemed abusive, defamatory, obscene or otherwise unacceptable. CellTrust® may deny access to the Services to users who repeatedly violate these Terms of Use.

Your use of the Services results in your sending of various types of information to CellTrust®. CellTrust's® handling of such information is governed by the CellTrust® Privacy Policy to which you agree when you accept these Terms of Use. If you do not accept the Privacy Policy or these Terms of Use, do not use the Services. CellTrust® reserves the right to disclose, read, access, and preserve any information received from you by your using the Services as CellTrust® reasonably believes is necessary to (i) enforce these Terms of Use; (ii) prevent, deter, or defend against any type of fraud or misrepresentation; (iii) comply with applicable law; (iv) provide customer support; and (v) protect the property and other rights of CellTrust®, its employees, and its consumers.

Links To Third Party Web Sites. The Services may provide links to other third party websites or resources. Such links to third party websites in the Services are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. CellTrust® has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, CellTrust® makes no representations whatsoever about any other website, which you may access through the Services, or any information, software or other products or materials, found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Services, you acknowledge and agree that CellTrust® is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, you agree that CellTrust® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party materials, content, products or services available on or through any such site or resource.

Fees. Certain aspects of the Services may require or involve sales fees, transaction fees, transmission fees, and other types of fees (“Fees”). By using these aspects of the Services, you consent to the Fees involved and agree that you decided to use the Services with full knowledge of the Fees. A conspicuous notice will be posted near each location on the Site or in the Software where you may incur a Fee, or, at a minimum, such a notice will be posted in a separate agreement to which you agree when you sign up for an aspect of the Services that may cause you to incur a Fee.

By sending and receiving text messages, emails, and other communications using the Services, you agree that CellTrust® is not responsible for the cost of making the communications as may be charged by your cellular telephone carrier, internet service provider, and the like. Any aspect of the Services subject to a Fee is announced prior to your usage of the Services, and by your use of the Services, you take sole responsibility for the Fees involved.

CellTrust® adheres to the Mobile Marketing Association's Code of Conduct for Mobile Marketing http://mmaglobal.com/modules/content/index.php?id=5 and Consumer Best Practices Guidelines for Cross-Carrier Content Programs http://www.mmaglobal.com/bestpractices.pdf Therefore, CellTrust® will not subscribe you to any text messaging program without your choice to opt in to the program. CellTrust® will also provide clear instructions on how to cancel a subscription to which you have opted in.

Disclaimer. THE MATERIALS, INFORMATION AND SERVICES PROVIDED IN THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

CellTrust® DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE SITE, THE SOFTWARE, THE CONTENT OF THE SITE OR THE SOFTWARE OR ANY OTHER WEBSITES LINKED TO OR FROM THE SITE.

CellTrust® DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, DATA OR INFORMATION IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE CellTrust® MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT CellTrust® ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT CellTrust®. CellTrust® UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE SERVICES. INFORMATION PUBLISHED AT THE SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR GEOGRAPHIC LOCATION.

THE INFORMATION PRESENTED ON THE SITE OR BROADCAST FROM THE SITE WITH WEBSITE SOFTWARE BY CellTrust® FROM CellTrust® PUBLICATIONS, WRITINGS AND/OR THIRD PARTY BOOKS OR WRITINGS IS FOR INFORMATION PURPOSES ONLY AND IS NOT MEANT TO SERVE AS A SUBSTITUTE FOR PROFESSIONAL LEGAL OR FINANCIAL ADVICE WHICH SHOULD BE OBTAINED THROUGH CONSULTATION WITH APPROPRIATE PROFESSIONALS IN YOUR STATE.

Limitation of Liability. IN NO EVENT WILL CellTrust®, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED IN THE SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, ANY WEB SITES LINKED TO THE SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THE SITE OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, CellTrust's® TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Procedure for Making Claims of Copyright Infringement. CellTrust® respects the intellectual property rights of others, and expects its users to do the same. CellTrust® will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) www.copyright.gov/legislation/dmca.pdf. Any notifications of claimed copyright infringement must be sent to CellTrust® at the following address: Legal Department, 20701 N. Scottsdale Road, Suite #107-451, Scottsdale, Arizona 85255 , USA. When notifying CellTrust® of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing material, the address and contact information for the owner of the alleged copyright material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.

GENERAL TERMS

Applicable Laws. CellTrust® from its offices within the United States of America controls the Services. CellTrust® makes no representation that the Content in the Services is appropriate or available for use in locations other than the United States, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortuous conduct or otherwise) and any claim relating to the Content shall be governed by the internal substantive laws of the State of Arizona. By using the Services, and agreeing to the Terms of Use, you agree that any dispute to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use, shall be settled through binding arbitration under the AAA Rules of Arbitration, located at a mutually convenient forum in Phoenix, Arizona.

Termination. CellTrust®, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, if CellTrust® believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or if you are in breach of the terms of the Terms of Use. Upon termination, you will immediately destroy any copies of Content of the Services, whether in printed or software format.

Cancellation. Service cancellation requires one (1) month advance notice prior to the end of the month as CellTrust billing cycles are the beginning of each month. Please contact your account executive for Service Cancellation Form and follow up with CellTrust Customer Care if you do not receive a confirmation email within five (5) business days after your fax. Unused credits and services are not refundable.

Notices. Notices to you may be made via either email or regular mail. CellTrust® may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Site.

Privacy. CellTrust® recognizes the need to protect the privacy of users of this Site, and to provide additional privacy protection to children. Children under the age of 13 may visit this Site only with parental permission. CellTrust® does not require children under the age of 13 to disclose any personally identifiable information. Please see our Privacy Policy for more information.

Revisions. CellTrust® may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The materials and services at the Site may be out of date, and CellTrust® makes no commitment to update the materials and services at this Site.

Additional Terms. Certain items or programs offered by the Site, whether by CellTrust® or its partners, and certain areas within this Site may be governed by additional terms of use and/or other agreements ("Additional Terms") presented in conjunction with those items or programs. You must agree to these Additional Terms before using those areas. The Additional Terms and this Terms of Use shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms of Use, the Additional Terms shall control.

Waiver. CellTrust's® failure to enforce any part of these Terms of Use shall not constitute a waiver of any of CellTrust's® rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by CellTrust® nor the reliance of any person on CellTrust's® actions shall be deemed to constitute a waiver of any part of these Terms of Use. A specific, written waiver signed by an authorized representative of CellTrust® may only provide a legal waiver.

Severability. If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Acceptance of Terms. You acknowledge you have read, and agree to be bound by these Terms and to comply with all applicable laws and regulations. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES.

© Copyright 2007 CellTrust® CORPORATION. All Rights Reserved.