TERMS OF USE FOR ETELOS.COM AND RELATED WEB SITES

(Last Updated on July 10, 2008)

THIS AGREEMENT GOVERNS YOUR USE OF ALL DOMAINS OWNED AND OPERATED BY ETELOS, INC. COLLECTIVELY REFERRED TO IN THESE TERMS AS THE ETELOS WEB SITE(S) AND OR SITE(S). TO LEARN ABOUT USAGE RIGHTS FOR THE PRODUCTS & SERVICES POSTED ON "THE ETELOS MARKETPLACE™ WEBSITE (THE "OFFERINGS"), PLEASE READ THE ETELOS MARKETPLACE AGREEMENT.

The Web site(s) are owned and operated by Etelos, Inc. ("ETELOS"). Access and use of the Web site(s) are provided by ETELOS to you on condition that you accept these Terms of Use, and by accessing or using the Web site(s), you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use the Web site(s).

ETELOS may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on these Web site(s) periodically. Your continued access or use of the Web site(s) after any such changes are posted will constitute your acceptance of these changes.

You may not interfere with the security of, or otherwise abuse the Web Site(s) or any system resources, services or networks connected to or accessible through the Web Site(s). You may only use the Web Site(s) for lawful purposes.

Intellectual Property

All materials (including the organization and presentation of such material) on these Web Site(s) (the "Materials") are the property of ETELOS and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

Unless you have entered into a separate agreement with ETELOS and its licensors, any other use of these Materials without ETELOS' and its licensor's written permission is prohibited.

You may access and make personal use of the Materials. You may not download (other than page caching) or modify any portion of the Materials. You may not use the Materials for any resale or commercial use; any collection and use of any product listings, descriptions, or prices; any derivative use of the Materials; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Materials or any portion of the Materials may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ETELOS and its Licensors. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ETELOS and its Licensors without express written consent. You may not use any meta tags or any other "hidden text" utilizing ETELOS' name or trademarks without express written consent. Any unauthorized use terminates the permission and license you have been granted by ETELOS. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ETELOS so long as the link does not portray ETELOS, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ETELOS logo or other proprietary graphic or trademark as part of the link without express written permission.

© 2008 Etelos, Inc. All rights reserved.

Privacy

ETELOS is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed the ETELOS Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our Web Site(s). Please see the ETELOS Privacy Policy for further details.

Currency of Web Site(s)

ETELOS updates the information on the Web Site(s) regularly. However, ETELOS cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on the Web Site(s). ETELOS may revise, supplement or delete information, services and/or the resources contained in the Web Site(s) and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linked Web Sites

The Web Site(s) may provide links to third party Web Sites for your convenience only. The inclusion of these links does not imply that ETELOS monitors or endorses these Web Sites. ETELOS does not accept any responsibility for such Web Sites. ETELOS shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web Sites or linked resources.

Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Web Site(s). Computer viruses or other destructive programs may also be inadvertently downloaded from the Web Site(s).

ETELOS shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Web Site(s) or your downloading of any of the Materials from the Web Site(s). ETELOS recommends that you install appropriate anti-virus or other protective software.

Web Site(s) and Materials Provided "As Is"

ACCESS TO THE WEB SITE(S) AND THE MATERIALS IS PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ETELOS DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE(S) OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE WEB SITE(S) AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL ETELOS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE WEB SITE(S), THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE WEB SITE(S) OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) UNITED STATES DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Email

Feel free to email ETELOS at privacy@etelos.com. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. ETELOS is not liable for any damages related to communications to or from the Web Site(s). You agree with respect to any information provided by you to us through the Web Site(s) or via e-mail that:
• ETELOS has no obligation concerning such information;
• the information is non-confidential;
• ETELOS may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
• the information is truthful and disclosure of the information does not violate the legal rights of others.

Applicable law

The Web Site(s) are controlled, operated and administered by ETELOS from within the State of Washington, in the United States. These Web Site(s) can be accessed from all states and territories of the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of San Mateo County, California, by accessing the Web Site(s), you acknowledge and agree that all matters relating to access to, or use of the Web Site(s) shall be governed by the laws of the State of California and the federal laws of the United States applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising from your use of the Web Site(s) or the enforcement of these Terms of Use shall be submitted to the exclusive jurisdiction and venue of the courts of the County of San Mateo, State of California, within the United States and acknowledge that you do so voluntarily.

General

ETELOS's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.

Contact

If you have concerns relating to the Web Site(s) or these Terms of Use, please contact ETELOS at privacy@etelos.com or via phone at 011.1.425.458.4510 or 1.800.874.4914 .