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Terms And Conditions

YOURCELLPARTS.COM

Terms of Service

 

Section 1: Terms of Use

 

By using the YOURCELLPARTS.COM website, you agree to be bound by the following terms and conditions ("Terms of Use"). This agreement is personal to you; it cannot be assigned or transferred. If any provision of this agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

 

Section 2: Your Acceptance

 

By using and/or visiting our website signify your agreement to:

  1. These terms and conditions (the "Terms of Use"); and
  2. The YOURCELLPARTS.COM privacy policy, which is incorporated here by reference.

  If you do not agree to any of these terms, or the privacy policy, please do not use this website. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

 

Section 3: Website

 

These Terms of Use apply to all users of the website, including users of any materials or services on the website. The term website shall be understood to include all aspects and services of the YOURCELLPARTS.COM website, including but not limited to all products, software and services offered via any page comprising this website.   The website may contain links to third-party websites that are not owned by, affiliated with or controlled by YOURCELLPARTS.COM.  YOURCELLPARTS.COM has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, the website will not and cannot censor or edit the content of any non-affiliated third-party site. By using the website, you expressly release the YOURCELLPARTS.COM from any and all liability arising from your use of any third-party website.

 

Section 4: Security

 

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. We have no responsibility for any activities that occur under your account and password. You may use the Site only for lawful purposes. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities on the Site, are prohibited.   You may not violate or attempt to violate the security of the Site, including by, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) using the Site for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (f) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating as a legitimate user). You may not send unsolicited or unauthorized e-mail on behalf of YOURCELLPARTS.COM, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Conditions of Use. You may not use any device, software, routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents we provide and generally publicly available browsers.

 

Section 5: Your Account

 

In order to access some features of the website, you will have to create an account. By creating an account you agree to these Terms of Use and thereby agree to use of the website in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined here. Please note that you will be referred to as "User" from time to time in this Agreement. You may never use another's account. Your User account may not be shared, transferred, or sold to other parties. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.   You must notify YOURCELLPARTS.COM immediately of any breach of security or unauthorized use of your account. Although YOURCELLPARTS.COM will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of YOURCELLPARTS.COM or others due to such unauthorized use.   In addition, you agree to use all content on the websites for your personal use only.

 

Section 6: Errors on Our Site

 

YOURCELLPARTS.COM tries to be as accurate as possible. However, YOURCELLPARTS.COM does not warrant that product descriptions or other Site content is accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change, and may vary from those offered in our stores. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, rarely an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, YOURCELLPARTS.COM may cancel your order or we may contact you for instructions on the order.

 

Section 7: Proprietary Rights

 

All content included on or comprising the Site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content"), is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and YOURCELLPARTS.COM owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.   You may use the Site and the Content only for noncommercial, personal use. You must retain all copyright, trademark and other proprietary notices contained in any Site material you use, and you may not modify or alter the material, copy or post the material on any network computer, or broadcast the material in any media.   Unless YOURCELLPARTS.COM separately gives you permission, you may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from, or in any way exploit any of the Content, in whole or in part.   The YOURCELLPARTS.COM logos and other trademarks on the Site are the property of their respective owners and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

 

Section 8: Reviews, Comments, Communications, and Other User-Generated Content

 

You may interact with the Site and YOURCELLPARTS.COM in numerous ways, including Reviews and Ratings, Videos, Questions and Answers, Community Forums, and e-mail communication. You hereby grant YOURCELLPARTS.COM a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via e-mail or phone) or materials you send to us throughout the world in any media. You also grant us the right to use the name you use when you submit content to us, in connection with that content.   When you submit content to us, you will disclose any affiliation you have and you will not submit anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.

 

Section 9: Copyright Infringement under the Digital Millennium Copyright Act (DMCA)

 

YOURCELLPARTS.COM respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe your copyright or a third party’s copyright has been violated on the website, please provide, in writing, the following information to the contact information listed under the Notice section of this document:

  • 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 us to locate the material.
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your e-mail address.
  • 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.
  • 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.

 

Section 10: Third-Party Websites

 

The Site contains links to other sites operated by third parties ("Third-Party Site(s)"). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. YOURCELLPARTS.COM does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content, products, or services. A link to a Third-Party Site on the YOURCELLPARTS.COM Site does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Site. The conditions of use and privacy policy of any Third-Party Site may differ substantially from the Conditions of Use. Browsing and interaction on any other website, including websites which have a link to our site, is subject to that website's own terms and policies.

 

Section 11: Disclaimer of Warranty / Limitation of Liability

 

YOURCELLPARTS.COM IS NOT, IN ANY CAPACITY, AFFILIATED WITH APPLE, MOTOROLA, NOKIA, SAMSUNG, SONY, GOOGLE, AT&T, SPRINT, T-MOBILE, VERIZON OR ANY OF ITS SUBSIDIARIES. ALL PRODUCTS SOLD BY YOURCELLPARTS.COM ARE NOT REFURBISHED, OFFERED OR AUTHORIZED BY ITS ORIGINAL MANUFACTURES. NO EXPRESS OR IMPLIED WARRANTIES, OF ANY KIND, ARE INCLUDED IN A TRANSACTION WITH YOURCELLPARTS.COM EXCEPT FOR THOSE EXPLICITLY STATED IN OUR RETURNS AND EXCHANGES POLICY SECTION. YOURCELLPARTS.COM IS NOT LIABLE FOR ANY MISUSE, MISREPRESENTATION, OR MISAPPROPRIATION OF THE PRODUCTS BY PURCHASER.   THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY YOURCELLPARTS.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.   TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YOURCELLPARTS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. 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 MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.   YOURCELLPARTS.COM DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE IS AT YOUR OWN RISK. YOURCELLPARTS.COM MAKES NO REPRESENTATION REGARDING A USER’S ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE WEBSITE AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE WEBSITES MAY BE IMPAIRED. YOURCELLPARTS.COM DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

 

Section 12: Indemnification

 

You agree to defend, indemnify and hold YOURCELLPARTS.COM, its directors, officers, contractors, employees and agents harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms of Use, your use of the website or your placement of any content onto the website, and to fully cooperate in YOURCELLPARTS.COM’s defense against any such claims.

 

Section 13: Modification and Revision

 

YOURCELLPARTS.COM may, in its sole discretion, modify or revise these Terms of Use and policies at any time. Notice of any such change or addition will be made within approved interfaces to the website. By using the website after any change or addition is announced, you agree to be bound by all such changes or additions.   If you become aware of any unauthorized use of your account, you agree to contact YOURCELLPARTS.COM, in writing, at the address below:   YOURCELLPARTS.COM 7314 Laurel Canyon Blvd. North Hollywood, CA 91605

 

Section 14: Termination of Service

 

User may terminate this Agreement by cancelling his or her account. To do this the User must contact YourCellParts.com through email or mail as listed above.  I "YourCellParts.com" may terminate your account or access rights to the websites at any time, without notice, for conduct that YourCellParts.com believes violates this Agreement or other policies or guidelines that have been has posted, or for conduct that YourCellParts.com believes is harmful to other Users, YourCellParts.com, or to others.

 

Section 15: Choice of Law/Forum Selection

 

YOURCELLPARTS.COM is a California corporation based in Los Angeles, California. You agree that any dispute arising out of or relating to these Terms of Use or any content on the a website, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of California, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Los Angeles, California, as the legal forum for any such dispute.

 

Section 16: Additional Policies

 

The following policies also govern your use of the Site and are incorporated by reference into the Conditions of Use: