Terms And Conditions
Terms of Service
Section 2: Your Acceptance
By using and/or visiting our website signify your agreement to:
Section 3: 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
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
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
Section 13: Modification and Revision
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
Section 16: Additional Policies
The following policies also govern your use of the Site and are incorporated by reference into the Conditions of Use: