Unlocking.com Bullet Proof Unlocking

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Terms & Conditions

Last Modified: Oct 7 2009

1. ACCEPTANCE OF TERMS

UniquePhones, Inc. (which will be referred to as "Unlocking.com," "Unlocking.com," "the Seller," "We," "Our" or "Us"), makes this website, Unlocking.com (the "Site"), including all information, documents, communications, files, text, graphics, software, products and services available through the site (collectively, the "Materials") and all services operated by Us and third parties through the site (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that We may publish from time to time (collectively, the "Terms of Use").

By accessing or using this Site in any way you agree to and are bound by the Terms of Use. Likewise, when you place an order with Unlocking.com, you, (or the "Buyer") are entering into a contract with Unlocking.com (the Seller). Entering into this contract indicates your full acceptance of these terms and conditions.

We reserve the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at Our sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates.

2. DEFINED TERMS

All user-supplied information, materials, files, communications, documents, including those provided by you on any blog or message board, are referred to collectively as "User Content." "Our Content" means all Materials provided by Unlocking.com. User Content and Our Content may have different restrictions and conditions associated with them.

The terms and conditions expressed in this agreement apply to all users and visitors of this Site, whether or not the user purchases a good or service.

3. SERVICES

Each product and price on this website is considered an offer to purchase a service. The service offered by Unlocking.com includes sourcing and supplying a code and detailed instructions to unlock a cellular device. This service begins after payment is received from you.

1

Buyer Responsibilities

While unlocking cellular phones is fully legal in all countries, it is your responsibility to verify the laws of your country before placing an order with Us. All cellular devices do not work on all networks. Therefore, you are responsible for checking the compatibility of the cellular device with the network that they intend to use. Alterations to a cellular device may cause damage or invalidate a manufacturer's warranty. You are responsible for checking the device's warranty. Unlocking.com is not liable for damage caused to your cellular device or for denial of warranty caused by using our Services. The Services offered on this website are intended for use by the owner of the cellular device that is indicated by the IMEI (International Mobile Equipment Identity) number at the time the order is placed. Cellular devices that have been reported lost or stolen are considered "Barred" or "Blacklisted" and are not usable even after unlocking. It is the Buyer's responsibility to ensure that they are the legal owner of the device. We are not liable for service that does not work properly on cellular devices that are reported lost or stolen and we reserve the right to refuse service to any Buyer if suspicious activity is suspected.

2

Guarantees

Unlocking.com guarantees that the service provided will unlock your cellular device. Should our service not work with your cellular device, we will issue a full refund provided the following conditions are met: All information provided by the Buyer at the time of ordering is 100% accurate The Buyer has followed the unlocking instructions exactly as stated

The target cellular device is not stolen or blacklisted.

The target cellular device has not been unlocked previously.

The target cellular device has not been altered, changed or tampered with in any way.

The IMEI number of the target cellular device has never been altered, changed or tampered with in any way.

An unlocking procedure using a code has never been attempted on the target cellular device.

Unlocking.com guarantees that your cellular device will not be damaged during the unlocking process providing the instructions are followed exactly. Due to the variety of cellular devices and GSM frequencies, Unlocking.com cannot guarantee that our service will allow your cellular device to work on a specific network. Unlocking.com guarantees that we will work diligently to solve any problems that arise during the processing of your order and when using our unlock services. Unlocking.com guarantees that the service provided will unlock your cellular device. Should our service not work with your cellular device, we will issue a full refund provided the following conditions are met:

3

Conditions of Refunds and Credits

If the service provided to you fails to unlock the cellular device, we will contact you to confirm that the information entered when the order was placed was accurate. Especially important is the IMEI number of the device. If the IMEI number was incorrectly entered when the order was placed, in some cases, we will correct the number and reprocess the order. In all cases, correcting an order can only occur once. If the information entered at the time the order was placed is correct, Unlocking.com reserves the right to require additional evidence to verify the claim that the unlock procedure did not unlock your device. You may be required to send your device to Unlocking.com for verification or provide us with a video recording showing the device in question, along with the IMEI number on the sticker of the device and the IMEI number displayed on the devices screen. Additionally, the video must show you inserting an alternate SIM card in the device and the screen that appears with the alternate SIM card. Due to the nature of our product, these extreme measures are the only way that Unlocking.com can verify the validity of your claim. An order can only be cancelled if the order has not begun processing. To check on the progress of your order, contact us with the order ID number that you received when you placed the order. If Unlocking.com issues a code for a device that is barred or blacklisted (reported lost or stolen), no refund will be given. You are fully responsible to make sure that the target cellular device and network are compatible with and supported by our service. In certain circumstances, we will offer a credit in lieu of a refund if service is ordered and paid for, and you then realize that your device or network is not supported. No refund will be issued for duplicated orders. If an order remains unfulfilled after a period of 28 days from the day the payment was made, you may request and receive a refund. All approved refunds on orders that are older than 45 days (since payment was received), will be issued by check or postal order. No refunds will be given to orders that are older than 90 days (since payment was received).

4

Credit Card Verification

Unlocking.com takes credit card fraud seriously and reserves the right to take the necessary precautions to prevent fraud. This means we may refuse any order which is suspicious or fraudulent. Additionally, we may ask you to submit supporting information that may be required to verify the use of a credit card. Orders that are found to be fraudulent may be reported to the proper authorities.

5

Credit Card Fraud

If you dispute a valid credit card charge, it is considered fraudulent and illegal unless there is a legitimate dispute with the service or goods received. Prior to disputing a charge with your credit card company, contact Unlocking.com to resolve the problem. If we receive notification of a chargeback and/or dispute and it is not a valid dispute, we will proceed with the following steps:

Since the majority of disputed charges occur as a result of the customer not recognizing the charge on their statement, Unlocking.com will first contact the Buyer and request that they reverse the dispute

If the dispute is not reversed and the Buyer makes no alternate attempt to resolve the situation, Unlocking.com may seek criminal charges against the Buyer

The account with Unlocking.com may then be submitted to a collection agency and reported as delinquent to all major credit bureaus

If the account remains unresolved, Unlocking.com reserves the right to file civil action for the amount disputed, as well as all associated fees and possible damages

4. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; THIRD PARTY SERVICES AND PRODUCTS

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, we do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, sell, assign, distribute, license, reverse engineer, or create derivative works based on this Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

In addition to the Materials and Services offered by us, this Site may also make available, through, products, services, materials, and information provided by third parties (collectively, the "Third Party Services"). The Third Party Services may be governed by separate agreements that accompany such services or products. We offer no guarantees and assume no responsibility or liability of any type with respect to the Third Party Services or the products offered in connection with such services. We do not guarantee the quality or reliability of any third party service or product. You agree that you will not hold us responsible or liable with respect to the Third Party Services or seek to do so.

Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and use the Site subject to the following conditions:

Our Content and User Content may be used solely for personal purposes.

Our Content and User Content may not be modified or altered in any way.

You may not remove any copyright or other proprietary notices contained in Our Content and User Content.

We reserve the right to revoke the authorization to use, view, and download from the Site at any time, and any such use shall be discontinued immediately upon notice from Unlocking.com.

The rights granted to you constitute a license and not a transfer of title.

The rights specified above to view, download, use the Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

5. TRADEMARK INFORMATION

The trademarks, logos, and service marks, including the UniquPhones trademark ("Marks") displayed on this Site are the property of Unlocking.com or other third parties. You are not permitted to use the Marks without the prior written consent of Unlocking.com or such third party that may own the Marks.

6. LICENSE TO UNIQUEPHONES FOR USER CONTENT

Certain Services offered through this Site accommodate User Content in the form of blog entries, message board entries and the like. Depending upon the nature of the Service, by submitting User Content to this Site you grant us the following type of license: For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, you grant Unlocking.com a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant Unlocking.com the right to distribute and publicly display such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site.

7. PROHIBITED COMMUNICATIONS

You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity.

8. USER CONDUCT

In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, or system resources.

9. DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to [email protected]

10. MANAGING CONTENT AND COMMUNICATIONS

We reserve the right, in our sole discretion, to delete or remove User Content from the Site at any time without prior notice or liability. Unlocking.com may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content and the substance of any User Content. To the maximum extent permitted by law, we will have no liability related to User Content. We disclaim all liability with respect to the misuse, loss, modification, or unavailability of any User Content.

11. WARRANTIES AND DISCLAIMERS

Except as expressly provided otherwise in this agreement, this Site, and all Materials and Services accessible through this Site are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (i) the Services and Materials, including any coupons available through the Site, will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the quality of any Services or Materials obtained or accessible by you through the Site will meet your expectations; and (iv) any errors in the Services or Materials obtained through the Site, or any defects in the Site, its Services or Materials, will be corrected.

You understand and acknowledge that (i) we do not control, endorse, or accept responsibility for any content, products, or services offered by third parties accessible through the Site; (ii) we make no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) we shall not be liable or responsible for any content, products, or services offered by third parties.

The use of the Services or the downloading or other use of any Materials through the Site is done at your own discretion and risk and with your agreement that, other than the express guarantees made in this agreement, you will be solely responsible for any damage to your computer system, cell phone system, loss of data, or other harm that results from such Services.

12. PERSONAL INFORMATION AND PRIVACY

You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Unlocking.com or others. Please refer to our Privacy Policy for more information about the manner in which we protect and use your information.

13. LIMITATION OF LIABILITY

In no event, including, without limitation, negligence, shall Unlocking.com, its subsidiaries, affiliates, agents, officers, directors, employees, or partners be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not Unlocking.com has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.

14. INDEMNITY AND LIABILITY

You agree to indemnify and hold Unlocking.com, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use or your violation of any rights of another person or entity.

15. GOVERNING LAW AND JURISDICTION

By accessing this Site, you and Unlocking.com agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof.

16. GENERAL

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Unlocking.com and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Unlocking.com to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

ND: 4826-4738-8931, v. 1

Congratulations, you made it to the end! We understand this agreement is long and dull so if you have any questions or comments, please email us at [email protected]. We'll do our best to respond quickly, however if your question is particularly tricky there may be a delay while we consult the legal guys.

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