Terms and Conditions

My Cell Phone Choice Refer-A-Friend Program Overview
The MyCellPhoneChoice.com Refer-A-Friend Program (the “Program”) is a loyalty program sponsored by MyCellPhoneChoice.com through which individuals can earn referral rewards when they encourage their friends to purchase Phones as set forth below. The referring friend will receive a $10.00 bonus as set forth below.

Eligibility
The Program is open only to U.S. residents who are eighteen (18) years of age or older. Employees of MyCellPhoneCoice.com and its related companies, agents, and suppliers, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to participate. The Program is void where prohibited. Participation in the Program constitutes the Participant’s full and unconditional agreement to these Terms and Conditions.

Program Period
The Program begins on February 1, 2005 and ends on December 31, 2006. Referral rewards may be applied to the first ten qualified new orders the customer refers by December 31, 2006, and whose orders are shipped by that date.

Participating in the Program
Visit http://www.mycellphonechoice.com/tellafriend/ and complete a customer referral form to participate in the Program.

The referring friend will receive $10 cash on the referred party's order as long as that order is for a new activation and includes a phone and service contract from any post-paid carrier partner of MyCellPhoneChoice.com. It will be the referring friend or the referred friend's responsibility to email referral@mycellphonechoice.com with the referring friend's name and email address and the referred friend's FULL NAME AND ORDER CONFIRMATION NUMBER for the referring friend to receive their referral bonus. ORDERS MUST BE SHIPPED and be in good standing for 45 days before any cash bonuses will be paid. Activation requires a two-year Service Agreement and credit approval is required as set forth by MyCellPhoneChoice.com’s carrier agreements. In some cases, an early termination fee may apply (subject to terms and conditions set forth during order confirmation). To receive the referral reward, orders must be shipped by 11:59 p.m. Eastern Time on December 31, 2006.

If you have questions regarding the Program, call MyCellPhoneChoice.com at 1-877-289-3559. MyCellPhoneChoice.com reserves the right to require proof, including, but not limited to, a receipt, that the referred order was activated and shipped in accordance with these Terms and Conditions.

Modifications and Termination of the Program
MyCellPhoneChoice.com reserves the right to modify any of the terms and conditions set forth herein – including, but not limited to, the methods through which customers may earn rewards and the amount of rewards that can be earned by referring friends – at any time, with or without notice, even though these changes may affect a customer’s ability to receive a reward certificate.

A customer’s participation in the Program constitutes the customer’s acceptance of any changes to these Terms and Conditions. Customers are responsible for remaining knowledgeable as to any changes that MyCellPhoneChoice.com may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available at WEBSITE OF MYCELLPHONECHOICE TERMS AND CONDITIONS and will supersede all previous versions of these Terms and Conditions.

General Terms and Conditions
To learn how the personal information collected in connection with the Program may be used, individuals should read the MyCellPhoneChoice.com Privacy Policy. The terms of the MyCellPhoneChoice.com Privacy Policy are incorporated herein by reference.

MyCellPhoneChoice.com reserves the right to discontinue the participation privileges of any customer who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms and Conditions or any federal or state laws, statutes, or ordinances. Discontinued participation privileges may result in the loss of all accumulated rewards benefits. In addition to discontinuance of participation privileges, MyCellPhoneChoice.com shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.

Reward bonuses provided through this Program may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. MyCellPhoneChoice.com is not responsible for any incorrect or inaccurate information supplied by customers or referred friends while participating in the Program.

All questions or disputes regarding eligibility for the Program, earning of rewards, or a customer’s compliance with these Terms and Conditions will be resolved by MyCellPhoneChoice.com in its sole discretion.

Limitation of Liability
By participating in the Program, each customer acknowledges that technical processing and transmission of information on the MyCellPhoneChoice.com Web site may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. MyCellPhoneChoice.com is not responsible for: (a) incorrect or inaccurate transcription of information; (b) problems related to any of the equipment or programming associated with the Program or utilized by the Participant; (c) any human error or printing error; (d) any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission; (e) problems relating to computer equipment, software, or inability to access the MyCellPhoneChoice.com Web site; or (f) any other technical or non-technical error or malfunction.

By participating in the Program, each Customer accepts all responsibility for, and hereby indemnifies and holds harmless MyCellPhoneChoice.com, each of its related companies, and each such company’s respective officers, directors, employees, shareholders, agents, and successors, and assigns (the “Released Parties”), from and against any claims that may arise from actions taken by such Participant.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF ANY OR ALL OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A PARTICIPANT PROVES THAT MYCELLPHONECHOICE.COM HAS IMPROPERLY DENIED THAT PARTICIPANT OF REWARDS OR CREDITS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT VALUE OF ONE (1) CENT. BY PARTICIPATING IN THE PROGRAM, A PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.

Except where prohibited, each customer agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Program shall be resolved individually without resort to any form of class action and exclusively by arbitration under the Commercial Arbitration Rules of the American Arbitration Association; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (i.e.,only costs associated with participating in the Program), but shall not include attorneys’ fees under any circumstances; and (c) Member hereby waives all rights to claim punitive, incidental, and consequential damages.

If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.

Your Privacy Is Not for Sale
We do not and will not sell your personal information to anyone, for any reason, at any time. My Cell Phone Choice is committed to protecting your privacy and providing a secure shopping environment and will strive to protect your personal information.