UpCell, LLC dba UpCell Now™ facilities are governed by Federal and State regulations. You are responsible for the content and accuracy of all information submitted to UpCell, LLC dba UpCell Now™ and all information given to consumers via UpCell, LLC dba UpCell Now™.

The UpCell Now™ service provided by UpCell, LLC will deliver an unlimited amount of customer lead information to the subscriber during the subscription term via electronic mail and/or SMS message (i.e., 'text message') for an agreed upon fixed monthly rate, per dealership. All customer leads must originate via legitimate use of the UpCell Now™ system as it was intended to be used and not altered, modified or maniuplated in any way by the subscriber or the end user.

You agree and warrant that any and all offers, incentives and/or promotions created by you and/or your employees, affiliates or representatives and sent to consumers using the UpCell Now™ system are in complete compliance with any and all federal, state and local laws and regulations.

Because of the volume of information submitted to UpCell, LLC dba UpCell Now™, UpCell, LLC dba UpCell Now™ cannot be responsible for verifying any facts contained therein. You represent and warrant to UpCell, LLC dba UpCell Now™ that (i) You have the right to deliver to UpCell, LLC dba UpCell Now™ all messages and information submitted to it and (ii) no messages or information submitted by You will contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, consumer rights, local laws & regulations, state laws & regulations, federal laws & regulations, international laws & regulations, right of privacy or publicity or other right of any person. You shall indemnify and hold harmless UpCell, LLC dba UpCell Now™, its affiliated companies and owners from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys fees) arising out of or relating to any breach by You of the foregoing representations and warranties or otherwise arising out of or relating to the contents or nature of the information and/or messages provided and created by You.

UpCell, LLC dba UpCell Now™ reserves the right to reject or edit messages or information when necessary in its judgement. All information processed using our equipment and services shall be the property of UpCell, LLC dba UpCell Now™. UpCell, LLC dba UpCell Now™ are not warranting or insuring that each customer's services will be free from errors, omissions, interruptions, delay, losses or defects, whether human or mechanical. UpCell, LLC dba UpCell Now™ makes no warranties, expressed or implied, as to its services, including but not limited to any warranties or merchantability or suitability for print or broadcast or compliance with any local, state, federal or international laws and/or regulations.

There is a no-refund policy for all products and services purchased from UpCell, LLC dba UpCell Now™ either online or othewise unless we refuse to allow you to use or services. If you dispute a charge (chargeback) to your credit card issuer that, in UpCell, LLC's sole discretion, is a valid charge under the provisions of these terms, you agree to pay UpCell, LLC an Administrative Fee of not less than $50 and not more than $150. You are also responsible for paying all amounts and charges owed under this agreement, including reasonable attorneys' fees, collection fees, and court costs we incur in enforcing this agreement. In no event will UpCell, LLC dba UpCell Now™ be liable to You, including for any indirect, consequential, special, exemplary or incidental damages. By using any UpCell, LLC dba UpCell Now™ product or service and/or requesting any UpCell, LLC dba UpCell Now™ product or service either online or otherwise, You agree to be bound by the foregoing Terms of Service. We appreciate your feedback regarding how UpCell, LLC dba UpCell Now™ services is helping your business. By providing such feedback, you give us the right to publish and use that feedback as part of our marketing and advertising.

If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. We reserve the right to change, suspend or discontinue all or any aspect of any service at any time without prior notice or liability by updating this posting of Terms of Service. You and UpCell, LLC dba UpCell Now™ agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Jackson, Mississippi.