Terms and Conditions
1. ACCEPTANCE OF TERMS
Serviceflip.com is an Internet based network, which will allow individuals that are interested in changing their mobile service provider to take advantage of a change of responsibility option. By using the Service in any way, you are agreeing to comply with the terms and conditions. In addition, when using particular serviceflip services, you agree to abide by any applicable posted guidelines for all serviceflip services, which may change from time to time. Should you object to any term or condition of the terms and conditions, any guidelines, or any subsequent modifications thereto or become dissatisfied with serviceflip in any way, your only recourse is to immediately discontinue use of serviceflip.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the terms and conditions at:
3. CONTENT
You understand that all members are required to sign up but there is no verification done other than their initial sign up. All information is believed to be accurate from each member.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that serviceflip shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, you understand and agree that serviceflip is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release serviceflip, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
5. PRIVACY AND INFORMATION DISCLOSURE
Serviceflip has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:
http://serviceflip.com/privacy-policy/
Your use of the Serviceflip’s website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that serviceflip may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; or in response to claims that violates another members rights. Also to protect the rights, property, or personal safety of serviceflip its users or the general public.
6. CONDUCT
You agree not to use the serviceflip service for multiple individuals under your account. You agree also to fill in all of your information accurately. You agree not to leave out any information be it major or minor related directly or indirectly to the cellular contracts posted on this site.
7. LIFETIME MEMBERSHIP
The membership you have is a lifetime membership, which may be temporarily inactive if there are times of no activity extending beyond 60 days consecutive.
8. TERMINATION OF SERVICE
You agree that serviceflip, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if serviceflip believes that you have violated any of the terms of service listed in this agreement.
9. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of serviceflip. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of serviceflip, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. SERVICEFLIP is a registered mark in the U.S. Patent and Trademark Office.
10. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SERVICEFLIP SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. Please note that the information contained on this site is believed to be accurate and current. Serviceflip.com is not an entity of any mobile service provider, neither are we in any way connected. Serviceflip.com is an Internet based network, which will allow individuals that are interested in changing their mobile service provider to take advantage of a change of responsibility option. The mobile service providers can at any time change their terms, which we have no control over. Serviceflip.com does not assist in making the swap. Serviceflip.com does not guarantee the integrity of any members of the site either. If the information provided has changed with any mobile service provider please contact us immediately that we may make the change also. Any penalties that a service provider may have will be solely up to the provider. As it stands we are not aware of any fees for initiating a change of responsibility.
11. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SERVICEFLIP BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SERVICEFLIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICEFLIP SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICEFLIP SITE OR THE SERVICE, FROM INABILITY TO USE THE SERVICEFLIP SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICEFLIP SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICEFLIP SITE OR THE SERVICE OR ANY LINKS ON THE SERVICEFLIP SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICEFLIP SITE OR THE SERVICE OR ANY LINKS ON THE SERVICEFLIP SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
12. INDEMNITY
You agree to indemnify and hold serviceflip, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your breach of any of the representations and warranties herein, or your violation of any rights of another.
13. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of our terms and conditions at:
support@serviceflip.com
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for serviceflip to pursue legal action to enforce these Terms, you will be liable to pay serviceflip the following amounts as liquidated damages, which you accept as reasonable estimates of serviceflip's damages for the specified breaches of these Terms:
a. If you falsify information that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay serviceflip one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
b. If serviceflip establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay serviceflip one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access serviceflip in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to serviceflip email addresses or through serviceflip computer systems, you agree to pay serviceflip twenty five dollars ($25) for each such email.