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TERMS OF USE OF OUR WEBSITE - LEGAL DISCLAIMERS |
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DISCLAIMERS: Our Lawyers make us put this stuff here...
1. General. This Site is owned and operated by CheapCellphones.Com (“CheapCellphones.Com.”) CheapCellphones.Com reserves the right to revise or remove any part of these Terms in its sole discretion at any time and without prior notice to you by updating this posting. You thus should visit this page periodically for changes. This Site is continually under development and changes in the Site may be made at any time. Any changes are effective upon posting to this Site. If you disagree with the Terms, your sole remedy is to discontinue your use of this Site. Your continued use after a change has been posted constitutes your acceptance of those changes. CheapCellphones.com is acting as an independent marketing vehicle for wireless carriers, third party wireless fulfillment businesses, participating cell phone manufacturers, suppliers and distributors who are solely responsible for their merchandise, the accuracy of their advertised prices, specifications and quality of their product. Cheapcellphones.com makes no guarantees - express or implied as to the accuracy or the legality of the information provided by these above companies. Cheapcellphones.Com is simply providing a wireless information portal so that our visitors can go to an information only website and get consolidated information from various sources on the internet. You are not buying any products from us. You are buying for those advertisers who pay to have their products placed on our site.
If you see any inaccuracies on our site, Please e-mail us at sales@CheapCellphones.com or call us if you have any questions or concerns about the product being sold on our site. In addition, if you have negative or positive feedback on any of our vendors, please let us know.
2. ALL PRODUCTS ARE SOLD "AS IS." CHEAPCELLPHONES.COM DISCLAIMS ALL WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. CHEAPCELLPHONES.COM SHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, EVEN IF CheapCellphones.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. We are simply an information website and an advertising vehicle for the suppliers, manufacturers and wireless carriers.
3. Visitors to our site, Customers, Buyers and
anyone else who uses this site
shall indemnify and hold harmless EZ CELLULAR from any and all liability, costs and expenses (including attorney's
fees) arising in connection with any third party claim or action brought against CheapCellphones.com,
or any of its officers, directors, employees or agents, relating to the items offered for sale on
CHEAPCELLPHONES.COM.
4. CheapCellphones.Com and EZ CELLULAR reserves the right to (i) change posted quantities, (ii) change delivery
times (iii) change prices immediately without notice on
the website (iv) change posted quantities or (v) remove from sale or offer again for sale items which are disputed, withdrawn by the seller, or fail
to draw prices above the posted minimum.
5. If any action is taken against CheapCellphones.com
because of any information you provided, you will hold CheapCellphones.com harmless and be
responsible for any consequences or damages arising from your own actions.
6. CheapCellphones.Com does not guarantee continued availability, nor can it be deemed responsible
should an item become unexpectedly out of stock. Purchases shall be considered valid and effective only when they
are processed by one of our suppliers, advertisers or
vendor's computer systems and the payment method has been authorized by the purchasers bank.
7. CheapCellphones.com reserves the right to reject or void purchases, whether successful or not, that it deems not to be made in good faith, or which are restricted, taxed, or otherwise prohibited due to local laws.
8. CheapCellphones.com are not responsible for any typographical, photographic or technical errors.
9. It is the Visitor's Responsibility to double check pricing. Any Prices posted on our website were accurate at the time of the publication of the web page. But prices can and sometimes do change daily. It your responsibility as a consumer to make sure you have accurate pricing. Our vendors have all agreed to post accurate pricing on all products at the time of checkout. Before you give any payment information, you will know the exact price of your order. The price you see in your shopping cart is the accurate price. If you do not like the price being presented, your only recourse is to cancel your order in the shopping cart and leave the website.
ADDITIONAL TERMS OF USE OF THIS WEBSITE
Please read
these Website Terms of Use (“Terms”) carefully before using this website
(“Site”). Using this Site indicates that you accept these Terms. If you do not
accept these Terms, do not use this Site.
Site Security. You are prohibited from violating, or attempting to
violate, the security of this Site. Any such violations may result in criminal
and/or civil penalties against you. CheapCellphones.Com. will
investigate any alleged or suspected violations and if a criminal violation is
suspected, we will cooperate with law enforcement agencies in their
investigations.
Other Prohibited Activities. In using this Site, you must also not:
· Send or otherwise transmit to or through the Site any unlawful, infringing,
harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful
or otherwise objectionable material of any kind;
· Misrepresent your identity or affiliation in any way;
· Violate any applicable laws or regulations; or
· Assist or permit any persons in engaging in any of the activities described
above.
User-Submitted Information. You must exercise caution, good sense and
sound judgment in using the Site. You are responsible for any material you
transmit to or through the Site. You agree, represent and warrant that any
information you transmit to or through the Site is truthful, accurate, not
misleading and offered in good faith, and that you have the right to transmit
such information. Certain information submitted by you is subject to
CheapCellphones.Com.’s privacy policy, available on this website.
Unsolicited Ideas. CheapCellphones.Com. does not accept or
consider unsolicited ideas, including ideas for new promotions, products,
technologies, or processes. You must not transmit any material to or through
this Site that you consider to be confidential or proprietary. Any material that
you transmit to or through this Site will be considered non-confidential and
non-proprietary. This policy serves to avoid potential misunderstandings or
disputes regarding ownership of ideas. Except as expressly provided in
CheapCellphones.Com.’s privacy policy, you give CheapCellphones.Com -
PC Buyer Inc. an unrestricted, irrevocable, worldwide, royalty-free license to
use, reproduce, display, publicly perform, transit and distribute such
information. You further agree that CheapCellphones.Com. has the
right to use, without any payment or accounting to you or others, any concepts,
know-how or ideas that you (and those who act on your behalf) transmit to or
through this Site.
Copyright. The material made available at this Site is protected by
copyright. No material from this Site may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way without written
permission of the copyright owner, except that you may download one copy of the
materials on any single computer and produce one printed copy for your personal,
noncommercial use only, provided you keep intact all copyright and other
proprietary notices. Modification of the materials or use of the materials for
any other purpose is a violation of CheapCellphones.Com.’s
copyright and other proprietary rights. Permission for all other uses of
materials contained herein, including reproducing and distributing multiple
copies, or linking to any page at this Site except the “home page” (http://www.CheapCellphones.Com
), must be obtained from CheapCellphones.Com. in
advance. Requests for such authorization should be submitted via an email to
care@CheapCellphones.Com. For purposes of these Terms, the use
of any such material on any other website or networked computer environment is
prohibited. All design rights, databases and compilation and other intellectual
property rights, in each case whether registered or unregistered, and related
goodwill are proprietary to CheapCellphones.Com..
In the event you download software from the Site, the software, including any
files, images incorporated in or generated by the software, and data
accompanying the software (collectively, the “Software”) are licensed to you by
CheapCellphones.Com or the original Software Developer or
Publisher. CheapCellphones.Com. does not transfer title to the
Software to you. You may own the medium on which the Software is recorded, but
CheapCellphones.Com. retains full and complete title to the
Software, and all intellectual property rights therein. You may not
redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce
the Software to a human-perceivable form, except to the extent permitted by
applicable law and on giving CheapCellphones.Com. prior written
notice of such activities.
Trademarks. All trademarks, service marks, logos and trade names on the
Site, whether registered or unregistered, are proprietary to CheapCellphones.Com -
PC Buyer Inc. or to other companies where so indicated. You may not reproduce,
download or otherwise use any such trademarks, service marks, logos or trade
names without the prior written consent of the appropriate owner thereof. If
you are a company whose feels your trademarks or service marks are being
improperly used by CheapCellphones.Com, you agree to notify us in writing of the
potential infringement and provide proof of your copyright, trademark or
servicemark. Upon receipt of the requested information, we will make all
commercially reasonably attempts to rectify and remove the affected terms within
48 hours of notice. It is not our intent to profit from or abuse any regsitered
trademarks or service marks.
Links to Other Websites. As you view this Site, you may notice links to
non-CheapCellphones.Com. websites. These links are for convenience
only. If you use these links, you will leave this Site. Certain of these linked
websites may make use of CheapCellphones.Com. proprietary
intellectual property rights (such as trademarks, service marks, logos and trade
names) under license from CheapCellphones.Com. CheapCellphones.Com is not responsible for the availability or content of these other
websites or for any viruses or other damaging elements encountered in linking to
a third party website. In addition, providing links to these websites should not
be interpreted as endorsement or approval by CheapCellphones.Com.
of the organizations sponsoring such third party websites or their products or
services. These Terms do not apply to any other websites.
Jurisdictional Issues. This Site is controlled and operated by
CheapCellphones.Com. from its offices within the State of
New York, United States of America. CheapCellphones.Com. makes
no representation that materials in the Site are appropriate or available for
use in other locations. Those who choose to access this Site from other
locations do so on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable. Access to this Site
from jurisdictions where the contents of this Site are illegal or penalized is
prohibited. Software from this Site is further subject to United States export
controls. No information or software from this Site may be downloaded or
otherwise or re-exported (i) into or to a national or resident of any country to
which the United States embargoes or sanctions goods, services or technology; or
(ii) to anyone on the U.S. Treasury Department’s list of Specially Designated
Nationals or the U.S. Commerce Department’s Table of Denial Orders. By
downloading or using the Software, you represent and warrant that you are not
located in, under the control of, or a national or resident of any such country
or on any such list.
Termination. CheapCellphones.Com. may terminate your use of
the Site or any of our services at any time and for any reason without notice
for conduct violating these Terms. Upon any such termination, you must destroy
all materials obtained from this Site and all copies thereof. The provisions of
these Terms concerning Site security, prohibited activity, copyrights,
trademarks, user submissions, disclaimer, limitation of liability, indemnity,
governing law and jurisdiction shall survive any such termination.
Disclaimer. The materials in this Site are provided “as is” and without
warranties of any kind either express or implied. To the fullest extent
permissible pursuant to applicable law, CheapCellphones.Com.
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose.
CheapCellphones.Com. does not warrant that the functions contained
in the materials will be uninterrupted or error-free, that defects will be
corrected, or that this Site or the server that makes it available are free of
viruses or other harmful components. CheapCellphones.Com. does not
make any representations or warranties regarding the use or the results of the
use of the materials in this Site in terms of their correctness, accuracy,
reliability, or otherwise. Applicable law may not allow the exclusion of implied
warranties, so the above exclusion may not apply to you.
Limitation of Liability. To the extent permitted under applicable law,
under no circumstances, including, but not limited to, negligence, shall
CheapCellphones.Com. be liable for any compensatory, punitive,
special or consequential damages that result from the use of, or the inability
to use, the materials in this Site, even if CheapCellphones.Com. or
a CheapCellphones.Com. authorized representative has been advised
of the possibility of such damages. Applicable law may not allow the limitation
or exclusion of liability or incidental or consequential damages, so the above
exclusion may not apply to you.
Indemnity. You agree to indemnify, defend and hold CheapCellphones.Com, its affiliates and any of its and their directors, employees, agents
and contractors harmless from and against any and all claims, damages, losses,
costs (including without limitation reasonable attorneys’ fees) or other
expenses that arise directly or indirectly out of or from (i) your breach of any
provision of these Terms; or (ii) any of your activities in connection with this
Site.
Children. This website is a general audience site, although it contains
information that may be of interest to children. However, CheapCellphones.Com does not seek through this website to gather personal information
from or about persons under the age of 13.
Other. These Terms shall be governed by and construed in accordance with
the laws of the State of New York, without giving effect to any principles
of conflicts of law. If any provision of these Terms shall be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed severable from
these Terms and shall not affect the validity and enforceability of any
remaining provisions. This is the entire agreement between the parties relating
to the subject matter herein and shall not be modified except in writing.
If you have any questions or complaints regarding these Terms, please submit
your questions or complaints via an email to sales@listingofhomes.com or via a
letter to CheapCellphones.Com., Inc., 44 Wright Blvd, Hopewell Junction, NY
12533. We will endeavor to respond to you promptly.
Copyright 1997-2004
Cheapcellphones.Com "All Rights Reserved"
Trademarks and Logos are the property of the rightful owners and used with
permission thru dealer programs