Terms of Use of this Website -
Legal Disclaimers
Effective 11/1/2008
DISCLAIMERS:
1. General. This Site is owned and operated by PC-Buyer Inc dba
MyCellularservice.com (“PC-Buyer Inc dba MyCellularservice.com .”) PC-Buyer Inc
dba MyCellularservice.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. PC-Buyer Inc dba MyCellularservice.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. PC Buyer
Inc dba MyCellularService.Com makes no guarantees - express or implied as to the
accuracy or the legality of the information provided by these above companies.
PC Buyer Inc dba MyCellularService.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@PC-Buyer Inc
dba MyCellularservice.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." PC Buyer Inc dba MyCellularService.Com
DISCLAIMS ALL WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE. PC Buyer Inc dba MyCellularService.Com SHALL IN NO
EVENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY
NATURE, EVEN IF PC Buyer Inc dba MyCellularService.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 PC Buyer Inc dba MyCellularService.Com from
any and all liability, costs and expenses (including attorney's fees) arising in
connection with any third party claim or action brought against PC-Buyer Inc dba
MyCellularservice.com , or any of its officers, directors, employees or agents,
relating to the items offered for sale on PC Buyer Inc dba MyCellularService.Com.
4. PC-Buyer Inc dba MyCellularservice.com 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 PC-Buyer Inc dba MyCellularservice.com because
of any information you provided, you will hold PC-Buyer Inc dba
MyCellularservice.com harmless and be responsible for any consequences or
damages arising from your own actions.
6. PC-Buyer Inc dba MyCellularservice.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. PC-Buyer Inc dba MyCellularservice.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. PC-Buyer Inc dba MyCellularservice.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. PC-Buyer Inc dba MyCellularservice.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 PC-Buyer Inc dba
MyCellularservice.com .’s privacy policy, available on this website.
Unsolicited Ideas. PC-Buyer Inc dba MyCellularservice.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 PC-Buyer
Inc dba MyCellularservice.com .’s privacy policy, you give PC-Buyer Inc dba
MyCellularservice.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 PC-Buyer Inc dba
MyCellularservice.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 PC-Buyer Inc dba MyCellularservice.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.PC-Buyer Inc dba
MyCellularservice.com ), must be obtained from PC-Buyer Inc dba
MyCellularservice.com . in advance. Requests for such authorization should be
submitted via an email to care@PC-Buyer Inc dba MyCellularservice.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 PC-Buyer Inc
dba MyCellularservice.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
PC-Buyer Inc dba MyCellularservice.com or the original Software Developer or
Publisher. PC-Buyer Inc dba MyCellularservice.com . does not transfer title to
the Software to you. You may own the medium on which the Software is recorded,
but PC-Buyer Inc dba MyCellularservice.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 PC-Buyer Inc dba MyCellularservice.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 PC-Buyer Inc dba
MyCellularservice.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 PC-Buyer Inc dba MyCellularservice.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-PC-Buyer Inc dba MyCellularservice.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 PC-Buyer Inc dba MyCellularservice.com .
proprietary intellectual property rights (such as trademarks, service marks,
logos and trade names) under license from PC-Buyer Inc dba MyCellularservice.com
. PC-Buyer Inc dba MyCellularservice.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 PC-Buyer
Inc dba MyCellularservice.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 PC-Buyer Inc dba
MyCellularservice.com . from its offices within the State of New York, United
States of America. PC-Buyer Inc dba MyCellularservice.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. PC-Buyer Inc dba MyCellularservice.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, PC-Buyer Inc dba MyCellularservice.com .
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose.
PC-Buyer Inc dba MyCellularservice.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. PC-Buyer Inc dba
MyCellularservice.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 PC-Buyer Inc dba
MyCellularservice.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 PC-Buyer Inc dba MyCellularservice.com . or a
PC-Buyer Inc dba MyCellularservice.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 PC-Buyer Inc dba
MyCellularservice.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, PC-Buyer Inc dba
MyCellularservice.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 PC-Buyer Inc dba MyCellularservice.com ., Inc., 44 Wright Blvd,
Hopewell Junction, NY 12533. We will endeavor to respond to you promptly.
|