PURCHASE TERMS AND CONDITIONS (Updated October 2009)

READ CAREFULLY. These terms and conditions (these “Payment Terms”) govern purchases made by you from us or from our website located at http://www.cellcontrol.com (the "Site"). The Site is the property of obdEdge, LLC (“we,” “us,” “our,” or “obdEdge”). These Payment Terms are in addition to, and not in lieu of, the following policies and agreements, which govern the relationship between you and obdEdge:

1. Web Site Terms and Conditions (the “Site Terms”) (governs use of our Site by all persons, whether or not purchasers of a cellcontrol product or service).

2. Privacy Policy (the “Privacy Policy”) (governs anonymous and personally identifiable information collection from both users of Site and purchasers of a cellcontrol product or service).

3. Terms of Service and End User License Agreement (the “Service Agreement”) (governs the terms of your licensed “use” of the cellcontrol products or services offered by obdEdge, its successors and/or assigns; Any use of the Service in violation of those terms can result in termination of your Service Agreement).

4. These Purchase Terms govern terms of purchase such as payment, order confirmation, shipping, returns, refunds and limited warranties that may apply to your purchase of a cellcontrol product or service from obdEdge). obdEdge offers a Limited Warranty (Device only) and 30-day money-back guarantee, which are incorporated by reference into this Agreement.

The documents and policies described in paragraphs numbered one (1) through (4) above may be collectively referred to herein as the “Terms.” Any capitalized terms used, but not defined, in these Payment Terms, shall have the meaning ascribed to those terms in applicable policy or agreement in which they are defined.

Before you make any purchases, you must first establish a customer account ("Customer Account ") and you will be required to agree to these Payment Terms and the additional Site Terms, available www.cellcontrol.com/terms_site.html prior to making any purchases.

NOTE: BY CLICKING "I HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS," YOU AGREE TO: (A) THESE TERMS; (B) THE SITE TERMS AND CONDITIONS; (C) THE PRIVACY POLICY; AND (D) THE SERVICE AGREEMENT. YOU WILL ALSO BE REQUIRED TO ACKNOWLEDGE THE SERVICE AGREEMENT WHEN YOU ACTIVATE YOUR SERVICE AND/OR INSTALL OUR PROPRIETARY SOFTWARE ON YOUR CELLULAR PHONE. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON AND DO NOT USE THE SITE, THE CELLCONTROL STORE, OR PURCHASE/UTILIZE THE CELLCONTROL PRODUCTS AND SERVICES.

1. Changes to these Terms; Use of this Site and the cellcontrol Store. obdEdge reserves the right, at its sole discretion, to change, add or remove portions of these Payment Terms, at any time. It is your responsibility to check these Payments Terms and Site Terms each time before using the Site or making any purchases from us. Your continued use of the Site, including purchases from the cellcontrol Store and purchases of Subscriptions to the cellcontrol Service, following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to these Payment Terms, which shall apply until we post modified Payment Terms and then in accordance with such modified Payment Terms. As long as you comply with these Payment Terms and any such modifications, obdEdge grants you ("End User") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site and the cellcontrol Store.

You also agree that obdEdge may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Customer Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any information on the Site, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of our Terms, (5) failure to pay for purchases, (6) suspected or actual intellectual property or copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that obdEdge will not be liable to you or to any third party for termination of your access to the Site.

If you use this Site and the cellcontrol Store, you are responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Customer Account. obdEdge only sells products or services to adults who can purchase with a credit card. If you are under 18 or otherwise not of legal majority, you may use this Site only with involvement of a parent or guardian. obdEdge reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

YOU ACKNOWLEDGE THAT ANY REFERENCES TO THE TERM “PURCHASE” OR “SELL” REFERRED TO HEREIN, REFER TO THE LEASE OF HARDWARE AND THE LICENSE OF OUR SOFTWARE, AND NO OUTRIGHT SALE OF OUR INTELLECTUAL PROPERTY SHALL BE DEEMED OR CONSTRUED AS A RESULT OF THE TRANSACTIONS TO WHICH THESE PAYMENT TERMS GOVERN.

2. Registration; Customer Accounts; Use of Site. Certain products or services offered on or through the Site require you to first open a Customer Account. You are responsible for maintaining the confidentiality of your Customer Account information, including your password, and for all activity that occurs under your account. You agree to notify obdEdge immediately of any unauthorized use of your Customer Account or password, or any other breach of security. You may be held liable for losses incurred by obdEdge or any other user of the Site due to someone else using your password or Customer Account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your Customer Account and Service Agreement will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Customer Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.

3. Consent To Collection, Use & Disclosure of Your Personal Information. As more fully described in our Privacy Policy, (located at www.cellcontrol.com/privacy.html) you must disclose certain personal information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of the information you provide to us as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.

While obdEdge takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL OBDEDGE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER OBDEDGE WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

4. Consent To Our Communication With You By E-Mail. By providing us your personal information and establishing a Customer Account with us, and each time you make a purchase through our Site, you grant permission for obdEdge to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us www.cellcontrol.com/optout, or follow the opt-out procedures set forth in such marketing emails and further discussed in our website privacy policy.

5. Product Descriptions. We attempt to be as accurate as possible. However, obdEdge does not warrant that product or service descriptions or other content of this Site is accurate, complete, reliable, current or error-free. If you believe a product or service offered by us is not as described, your sole remedy, and our sole obligations, shall be as described in these Payment Terms.

6. Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) reside in jurisdiction where obdEdge transacts business. Prior to the purchase of any goods or services on our Site, you must provide us (or our third-party payment processor) with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience, but within thirty (30) days of credit card authorization. All sales of products and services are final and all charges from those sales are nonrefundable, unless otherwise permitted by these Terms.

7. Methods of Payment, Credit Card Terms and Taxes. All payments must be made via our third-party payment processor. Unless expressly set forth on the Site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. YOU, AND NOT OBDEDGE, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify obdEdge of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If obdEdge does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by obdEdge or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. ObdEdge shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Louisiana and any other states or a locality that it deems is required.

8. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. obdEdge reserves the right at any time after receipt of your order to accept or decline your order for any reason. obdEdge further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by you upon shipment of products or performance of services that you have ordered. Title to goods passes to you upon delivery to the common carrier. All orders placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Our Site and the cellcontrol store accommodate sales to End Users only and, and we do not accept orders through the Site from resellers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell.

9. No Responsibility To Sell Mispriced Products Or Services. obdEdge shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. obdEdge shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, obdEdge shall immediately issue a credit to your credit card account in the amount of the charge.

10. Modifications to Prices or Billing Terms. obdEdge RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, LEASED OR LICENSED (AS APPLICABLE), EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU, OR AS MAY OTHERWISE BE GOVERNED BY THE TERMS OF THE OBDEDGE SERVICE AGREEMENT.

11. Shipping; Exchanges; Returns. Most orders will be shipped via ground service from a common carrier designated by obdEdge, in its sole discretion (the “Carrier”). Expedited service may be requested at additional charge to be selected and agreed to at the point of purchase. Once an order is shipped, it is the customer’s responsibility to be available to receive the shipment. We are not responsible for lost or stolen items. For any undeliverable orders returned to us, we will credit the customer’s account (except for shipping and handling charges) and it will be the customer's responsibility to place a new order. Please allow 10 business days for a credit to process. See the FAQs section for questions regarding returned shipments and consumer credits.

Please read the policies below to gain a better understanding of how obdEdge can process a return or exchange as quickly as possible.

Please note that we can only process returns and exchanges for items purchased directly from obdEdge or from the Site. If after consulting the resources available on the FAQ's, you still have trouble setting up your Device or activating your Service, please visit our support site at www.cellcontrol.com/support, or contact cellcontrol Customer Care at 1-888-896-9753.

If you are experiencing problems with your Device, please contact cellcontrol Customer Care at 1-888-896-9753. Your Device only is covered by limited warranty as described more fully in the separate Limited Warranty Statement. See, www.cellcontrol.com/limited.html. AS STATED IN THE TERMS OF THE LIMITED WARRANTY, NO OTHER WARRANTIES, EXPRESS OR IMPLIED, APPLY TO YOUR PURCHASE OF CELLCONTROL PRODUCTS, SERVICES OR SOLUTIONS.

cellcontrol does offer a limited 30-day money back guaranty under specific circumstances on items purchased directly from obdEdge at cellcontrol.com. See, www.cellcontrol.com/30day.html. Once the 30-day money back guarantee expires, your Minimum Service Commitment (and Early Termination Fees) will apply, as set forth in the Service Agreement.

All returns to obdEdge must be approved, in advance, by obdEdge. If you purchased a Device from it a retail location, it must be returned to the retail location where it was purchased. Please contact Customer Care to request an RMA (Returns Materials Authorization) Number.

obdEdge will only accept returns for refund or replacement in strict accordance with the terms of 30-day guarantee or the Limited Warranty, as respectively applicable. You are encouraged to read those policies carefully before making any purchase.

If you are returning a Device to cellcontrol, please send it so it includes a tracking number to ensure that your order is delivered to obdEdge and is not lost in transit. obdEdge also recommends that you insure your return.

*Returned Devices must include all original components, literature, warranties and packaging in the same saleable condition in which it was received. Refunds for returns will cover product amount and any sales taxes charged. Refunds will not be made for any shipping and handling charges. Returns not meeting these requirements, if accepted, may be subject to a restocking fee equaling 10% of the price paid for the Item (not including taxes). Damaged merchandise, cosmetically or otherwise, is subject to a restocking fee on a case-by-case basis. If an order has shipped, it is the purchaser's responsibility to accept the shipment and return the order per our Return Policy. Orders that are refused at the designated shipping address may incur a 10% restocking fee.

12. Additional Terms. The additional Terms (described above) and another terms or policies that are posted on the Site at www.cellcontrol.com/policies, may be changed from time to time and are effective immediately after we post the changes on the Site. In addition, when using particular services or resources on the Site, you agree that you are subject to any posted policies or rules applicable to services or resources you use through the Site, which may be posted from time to time. All such posted policies or rules, including all current and future policies that are posted at http://www.cellcontrol.com/policies, are hereby incorporated by reference into this Agreement. Any conflict between these Terms and such other policies incorporated herein by reference shall be resolved in favor of the Service Agreement with respect to cellcontrol Service subscriptions and in favor of these Payment Terms with respect to all other purchases made through the Site or the cellcontrol store.

13. Indemnification. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS OBDEDGE AND ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, OTHER END USERS, DISTRIBUTORS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE PAYMENT TERMS, OR YOUR VIOLATION OF ANY LAW, REGULATION OR THIRD-PARTY RIGHT.

14. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF OBDEDGE’S DEVICES COME WITH A LIMITED PRODUCT WARRANTY. EXCEPT AS EXPRESSLY STATED HEREIN, OBDEDGE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, NON-INTERRUPTION, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.

15. LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL OBDEDGE OR ITS LICENSORS, LICENSEES OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE TERMS OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, AND/OR CONTENT, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR THE SERVICES WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF OBDEDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT OBDEDGE SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO OBDEDGE BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF OBDEDGE. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

16. General. No delay or failure to take action under these Terms shall constitute any waiver by obdEdge of any provision of these Terms. If any provision of these Terms is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms will continue in full force and effect. These Terms will bind and inure to the benefit of obdEdge's permitted successors and assigns. Any claim under these Terms must be brought within one (1) year after the cause of action arises. These Terms shall be governed by the laws of the State of Louisiana without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in East Baton Rouge Parish, in the State of Louisiana. These Terms are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms shall be null and void. obdEdge may freely assign these Terms without consent or notice. These Terms (including all documents expressly incorporated herein by reference) constitute the complete and exclusive agreement between obdEdge and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein

COPYRIGHT NOTICE. Copyright © 2009 obdEdge, LLC., 7117 Florida Blvd., Baton Rouge, Louisiana 70806.


cellcontrol Features

  • Accurate! Communicates Directly with the Vehicle
  • Sensitive! Movement Detected at 1 MPH
  • Emergency Communication ALWAYS Allowed
  • Customizable Policy - You decide what to block or allow.
  • Minimizes Texting Capability
  • Minimizes Email Capability
  • Minimizes Phone Capability
  • Minimizes Push to Talk Capability
  • Allowable Contact List
  • Not Dependent on GPS or Cell Tower Triangulation
  • Easy 3 Step Plug & Protect Setup
  • Expanded Management Functions via Management Console
  • Simple Hands Off Management if Desired
  • Detection & Protection Against Disabling or Tampering
  • Transparent to User After Initial Setup
  • No Loss of Communications
  • Vehicle Management Capability

and Much More on the horizon.