CheapBlackberries.Com Terms of use of Website

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Legal Terms of USe of CheapBlackberries.Com

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.

DISCLAIMERS:
1. General. This Site is owned and operated by PC-Buyer Inc dba CheapBlackberries.Com (“CheapBlackberries.Com.”) CheapBlackberries.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. CheapBlackberries.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. CheapBlackberries.Com makes no guarantees - express or implied as to the accuracy or the legality of the information provided by these above companies. CheapBlackberries.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." CheapBlackberries.Com DISCLAIMS ALL WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. CheapBlackberries.Com SHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, EVEN IF CheapBlackberries.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 and CheapBlackberries.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 CheapBlackberries.Com, or any of its officers, directors, employees or agents, relating to the items offered for sale on CheapBlackberries.Com.

4. PC Buyer Inc and CheapBlackberries.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 CheapBlackberries.Com because of any information you provided, you will hold CheapBlackberries.Com and PC-Buyer Inc. harmless and be responsible for any consequences or damages arising from your own actions.

6. CheapBlackberries.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. CheapBlackberries.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. CheapBlackberries.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

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. and/or CheapBlackberries.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.
- Any attempt to use stolen personal information, including identity, credit cards or any other bogus information will be reported to the authorities. It is expressly prohibited and illegal to attempt any transaction with stolen or fraudulent information. Your IP address may be logged and any information we receive in your attempt to use stolen or fraudulent information may be passed directly to law enforcement without any warrants.

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 CheapBlackberries.Com.’s privacy policy, available on this website.

Unsolicited Ideas. PC-Buyer Inc. and/or CheapBlackberries.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 CheapBlackberries.Com.’s privacy policy, you give CheapBlackberries.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 CheapBlackberries.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. and/or CheapBlackberries.Com 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.CheapBlackberries.Com ), must be obtained from CheapBlackberries.Com. in advance. Requests for such authorization should be submitted via an email to care@CheapBlackberries.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 CheapBlackberries.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. and/or CheapBlackberries.Com or the original Software Developer or Publisher. PC-Buyer Inc. and/or CheapBlackberries.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. and/or CheapBlackberries.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. and/or CheapBlackberries.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. and/or CheapBlackberries.Com 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 CheapBlackberries.Com, you agree to notify us in writing of the potential infringement and provide proof of your copyright, trademark or service mark. 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 registered trademarks or service marks.

Links to Other Websites. As you view this Site, you may notice links to non-CheapBlackberries.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. and/or CheapBlackberries.Com proprietary intellectual property rights (such as trademarks, service marks, logos and trade names) under license from PC-Buyer Inc. and/or CheapBlackberries.Com. PC-Buyer Inc. and/or CheapBlackberries.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. and/or CheapBlackberries.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. and/or CheapBlackberries.Com from its offices within the State of Massachusetts, United States of America. PC-Buyer Inc. and/or CheapBlackberries.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. and/or CheapBlackberries.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. and/or CheapBlackberries.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. and/or CheapBlackberries.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. and/or CheapBlackberries.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. and/or CheapBlackberries.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. and/or CheapBlackberries.Com or a PC-Buyer Inc. and/or CheapBlackberries.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. and/or CheapBlackberries.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. and/or CheapBlackberries.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 Massachusetts, 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(at)CheapCellphones.Com. We will endeavor to respond to you promptly.