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Wednesday, January 07, 2009
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cellphonesx Terms and Conditions

 


Welcome to cellphonesx. cellphonesx and its affiliates provide their services to you subject to the following conditions. If you visit or shop at cellphonesx , you accept these conditions. Please read them carefully. In addition, when you use any current or future cellphonesx service or visit or purchase from any business affiliated with cellphonesx , whether or not included in the cellphonesx Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

PRIVACY

Please review our Privacy Notice, which also governs your visit to cellphonesx , to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit cellphonesx or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of cellphonesx or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of cellphonesx and protected by U.S. and international copyright laws. All software used on this site is the property of cellphonesx or its software suppliers and protected by United States and international copyright laws.

LICENSE AND SITE ACCESS

cellphonesx grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of cellphonesx . This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; 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. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of cellphonesx . 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 cellphonesx and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing cellphonesx 's name or trademarks without the express written consent of cellphonesx . Any unauthorized use terminates the permission or license granted by cellphonesx . You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of cellphonesx so long as the link does not portray cellphonesx , its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any cellphonesx logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. cellphonesx does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use cellphonesx only with involvement of a parent or guardian. cellphonesx and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. cellphonesx reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant cellphonesx and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant cellphonesx and its affiliates and sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify cellphonesx or its affiliates for all claims resulting from content you supply. cellphonesx has the right but not the obligation to monitor and edit or remove any activity or content. cellphonesx takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

cellphonesx and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us for further details.

RISK OF LOSS

All items purchased from cellphonesx are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

cellphonesx and its affiliates attempt to be as accurate as possible. However, cellphonesx does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by cellphonesx itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.

With respect to items sold by cellphonesx , we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:

  • If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
  • If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Please note that this policy applies only to products sold and shipped by cellphonesx . Your purchases from third-party sellers using cellphonesx Payments are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY cellphonesx ON AN "AS IS" AND "AS AVAILABLE" BASIS. cellphonesx MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, cellphonesx DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. cellphonesx DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM cellphonesx ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. cellphonesx WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

 

 

 

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