Legal Notice

Terms and Conditions of Use

Terms and conditions apply to the use of CellFunds USA, LLC d/b/a CellFunds® (hereinafter “CellFunds” “we” “us” and/or “our”) and the CellFunds Website(s) located at www.cellfunds.com and all associated Websites (“Website”). Each Cellfunds Website may have separate policies and procedures. THESE WEBSITES ARE THE PROPERTY OF CELLFUNDS LLC. BY USING (hereinafter “User”, “you” and/or “your”) ANY OF THESE CELLFUNDS WEBSITES, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE TO THE TERMS AND CONDITIONS OF USE CONTAINED IN THIS LEGAL NOTICE. DO NOT USE THESE WEBSITES IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE OR ARE NOT OF SUFFICIENT LEGAL AGE TO PROVIDE INFORMATION. YOU ARE PROHIBITED FROM USING THIS WEBSITE OR SERVICES FOR ANY UNLAWFUL PURPOSE.

Void Where Prohibited By Law
Any product, service, feature, or function offered on the Website is void where prohibited by law.

Downloading
You may download material displayed on the CellFunds Website for personal and non-commercial use only. You are prohibited to distribute, modify, transmit, use, or reuse any of the contents of the CellFunds Website for public or commercial purpose without the written consent of CellFunds. All copyright, proprietary notices and rules on downloaded and/or copied material must be retained.

Prohibited Activities
Unauthorized access to any part of this Website is prohibited. You may not copy, scan, probe, or breach the security measures of this Website or the systems that support it.

Copyright
CellFunds recognizes the trademarks of VISA®, MASTERCARD®, DISCOVER®, MAESTRO ®, American Express® and Union Pay International® in accordance with the delivery of services to CellFunds. Images displayed on www.Cellfunds.com, or www.CellFunds.com are property of or used with permission by CellFunds USA, LLC. Use of these images by third parties is prohibited unless expressed on CellFunds Websites. Any unauthorized use of these images may violate copyright, trademark, and laws of privacy and publicity.

Privacy
By using this Website, you acknowledge and expressly authorize that CellFunds may provide your personal information to appropriate financial institutions, processors, and third parties under contract with affiliates for providing a subset of the payment services (i.e.: credit authorization and fraud screening). Federal and state privacy laws govern the use of personally identifiable consumer information for financial institutions. For other third parties under contract with CellFunds and/or subsidiary, the use and distribution of your personal information will be used by such entity for its internal use. These transactions are treated as confidential and will be transferred between CellFunds website and you via encrypted and secured connection. Merchant is permitted to place an order based on the personal information you provide. Use of your personal information should be governed by agreement with merchant.

NO WARRANTY
USE OF SERVICE IS AT INDIVIDUAL’S RISK. CELLFUNDS OR ITS AFFILIATES, EMPLOYEES, OR AGENTS DO NOT IN ANY WAY SHAPE OR FORM WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED AND/OR ERROR FREE. THE SERVICE PROVIDED IS “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND INCLUDING TITLE, MERCHANTABILITY, PUBLISHING ERRORS, OR FITNESS FOR A PARTICULAR PURPOSE. CELLFUNDS WILL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS ARE PROCESSED IN A TIMELY MANNER WITHOUT WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING. SERVICE IS SUBJECT TO DELAYS INVOLVING INTEGRATION, BANKING, INTERNET, AND/OR INTERNATIONAL MAIL SERVICES.

LIMITATION OF LIABILITY
CELLFUNDS, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND/OR AFFILIATES ARE NOT LIABLE FOR DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES FROM ANY USE OF THE CELLFUNDS SERVICE. CELLFUNDS, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND/OR AFFILIATES ARE NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF THIRD PARTIES RELATED TO THE SERVICE. MOREOVER, THE MAXIMUM AGGREGATE LIABILITY OF CELLFUNDS ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND/OR AFFILIATES IS LIMITED TO THE TRANSACTION FEES PAID TO CELLFUNDS IN THE TWELVE (12) MONTHS PRIOR TO ANY CLAIM.

INDEMNIFY CELLFUNDS FOR DAMAGES
You hereby agree to indemnify and defend CellFunds and its subsidiaries, officers, directors, and employees, agents and affiliates of CellFunds from liabilities, losses, damages, claims, and expenses (including attorney fees and costs), whether or not a lawsuit or proceeding is filed that in any way arises out of or relates to:

(i) Violation of the Terms and Conditions of Service;
(ii) Improper use of the service;
(iii) Violation of property or third party rights;
(iv) Refunds or charge-backs of fees initiated pursuant to your request;
(v) Reversed credit card payments;
(vi) Debit card and/or credit card transactions following the closing of your CellFunds Account; and/or
(vii) Negligence or misconduct.

In the event you fail to promptly, indemnify and defend such claims and/or pay CellFunds expenses, CellFunds shall have the right to defend itself. Any attorney fees, costs and damages incurred by CellFunds in settling such claims shall be paid by you within thirty (30) days of each and every of CellFunds written request(s) for reimbursement.

GOVERNING LAW
Local laws govern this agreement. However, there is exclusive jurisdiction for any claims or disputes with CellFunds in the courts of The United States of America. Specifically, venue for any disputes between you and CellFunds shall be exclusively in New Jersey, U.S.A. The language in this agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

REVISIONS
CellFunds has the right to add or modify the terms of this agreement and delivering amended terms to user via email or the CellFunds Website(s). Use of service after the date such amended terms are delivered to user, shall be deemed to constitute acceptance of such amended terms. User agrees to review these amendments to be aware of such modifications. In the event that user does not agree to modifications made, they may cancel the CellFunds Account and all services with CellFunds .

DISCLAIMER
If CellFunds is notified of potential violations, CellFunds may take legal action including but not limited to self-help measures such as terminating, freezing and/or blocking any accounts of yours with CellFunds and/or seeking injunctive relief to immediately stop the volatile activity. CellFunds has the discretion to determine which action is appropriate under the circumstances. CellFunds is not liable for the security of communications transmitted over CellFunds ‘ facilities.

Users are responsible for protecting the confidentiality of their respective passwords, usernames and user accounts. Users in any way shall not share their respective passwords, usernames and user accounts with any other person even if such person is related to the User. Users may not transfer their respective account to anyone else without the prior written consent of CellFunds. If a username is misplaced or lost, the User should send an email to [email protected]. Users can use the “Forgot Your Password?” button on the CellFunds Website for password assistance.

CONSEQUENCES OF PROHIBITED BEHAVIOR
Violation of the policies and procedures described grants CellFunds the authority to restrict, block, freeze or terminate access to services. Criminal behavior(s) will be reported to relevant governmental authorities.

CellFunds reserves the right to collect administrative costs and fees regarding identifying offenders freezing CellFunds Wallet Accounts and terminating access to services.