Welcome! You may use the Cellularreturns.com Website, services, content, technologies and applications (the “Website”) only when you accept and abide by the following terms and conditions.
BY USING THE WEBSITE AND/OR BY REGISTERING TO OPEN AN ACCOUNT WITH US, YOU SIGNIFY YOUR AGREEMENT TO THE FOLLOWING TERMS (“TERMS”).
1. About The Cellularreturns.com Website
The Website gives its users the ability to sell, donate or recycle certain cellular phones and tablets (the “Product”) subject to these Terms. You agree that all transactions will be performed electronically and that the terms of any offer to sell, donate or recycle any Product will be governed by Cellularreturns.com Terms of Sale Agreement which are contained herein. We may, from time to time and in our sole discretion, change or discontinue any or all aspects of the Website, without prior notice, and without liability to you.
2. About the Cellularreturns.com Terms
The Website is a service made available by Cellularreturns.com (hereafter referred to as “Cellularreturns”, “we” or “us”). The Terms have the same force and effect as an agreement made in writing and govern your use of the Website. 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. Your failure to accept and agree to the Terms will prohibit you from using the Website and its services. If you do not agree to any changes made by us to the Terms, you may discontinue using the Cellularreturns.com Website before any of these changes take effect. Your continued use of the Website and its services after any such changes take effect will constitute your acceptance and agreement to such changes. It is your responsibility to regularly check and review the Terms found on the Website. The Terms may be supplemented from time to time, at our sole discretion and without any prior notice to you, with additional terms and conditions applicable to privacy, to particular content or transactions and together with these Terms, shall govern your use of those transactions or content.
You are not required to register with the Website in order to navigate it. However, if you wish to take advantage of the services offered by the Website and wish to sell a Product then you must become a registered user of the Website and create a user account. If you register to open an account, you hereby agree to provide accurate, complete and updated registration information.
You must have the legal capacity to enter into contracts. It is your responsibility to keep all of your contact information updated with us. Your registration to the Website is for use by a single person and you are responsible for any and all use of your account made by any other person or persons. It is your sole responsibility to prevent any unauthorized use by any other person or persons. If you believe there has been unauthorized use, you should notify Cellularreturns immediately by emailing email@example.com
4. Use of the Cellularreturns.com Website
Cellularreturns provides the Website for your personal individual, non-commercial use and solely for the purpose of carrying out individual transactions with Cellularreturns. Any other use of the Website or its content is strictly prohibited . You may not, either directly or indirectly:
Without limiting any other remedies available to us at law or in equity, we may limit, suspend, or terminate our service and/or any user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off our Website if we believe that a user is creating problems, potential legal liability to us, our employees, agents, or third-parties acting on our behalf or in reliance on our Website, or acting inconsistently or in bad faith with our Terms.
5. Ownership of the Cellularreturns.com Website
The Website contains information, content or advertisements, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects
(collectively, the “Content”) that are protected by copyrights, trademarks, service marks, patents or other intellectual or proprietary rights owned by Cellularreturns or other third parties with whom we work. All intellectual or proprietary information contained on the Website are the property of their respective owners. Furthermore, Cellularreturns retains all rights, title and interest in the Website, technology use in creating and maintaining the Website, and all underlying technology and data including any software, applications, improvements and enhancements related to the Website.
Cellularreturns.com grants you a limited license to access and make personal use of this Website. You are not permitted to download (other than page caching) or modify the Website, or any portion thereof, without the express written consent of Cellularreturns.com. This license does not include any resale or commercial use of this Website or its content, any collection and use of any product listings, descriptions, or prices, any derivative use of this Website or its contents, any downloading or copying of account information for the benefit of another merchant or other third-parties, whether for personal or commercial use, or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Cellularreturns.com 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 Cellularreturns.com and our affiliates without the express written content of Cellularreturns.com or our affiliates. You may not use any meta tags or any other “hidden text” utilizing Cellularreturns.com’s name or trademarks without the express written consent of Cellularreturns.com. Any unauthorized use outlined herein shall terminate the permission or license granted to you by Cellularreturns.com and subjects you to all remedies available at law or in equity and any other criminal or civil penalties which may apply. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Cellularreturns.com so long as the link does not portray Cellularreturns.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter which may negatively affect Cellularreturns.com’s name and goodwill in the marketplace. You may not use any Cellularreturns.com logo or other proprietary graphic or trademark as part of the link without express written permission of Cellularreturns.com.
7. Representations, Warranties, Liability and Indemnification
You hereby expressly represent and warrant that:
Cellularreturns.com makes no representations regarding the availability and performance of its Website. While Cellularreturns uses all reasonable endeavors to verify the accuracy of any information placed on the Website, we make no warranties, whether express or implied in relation to its accuracy and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website. You hereby acknowledge that any use the Website and reliance upon any of the content found on the Website shall be at your sole risk and that Cellularreturns shall not be liable for any loss of data, damages, lost profits, damage to reputation or any other damages or losses resulting from such use.
The Website and material and content which are provided on the Website is provided on an “As Is” basis and “As Available”, without any representation or warranty of any kind, whether express, implied, statutory or otherwise. Cellularreturns makes no representation that the Website or the material and content found therein will meet your particular requirements or uses.
Cellularreturns, its directors, officers, employees, agents or affiliates shall not be liable for any damages, including but not limited to consequential, compensatory, incidental or punitive damages incurred by you through your use of the Website or on reliance of any of the materials or content found therein which may be caused through the mistake, omission, virus, delay or interruption in operation or services or failure to perform resulting any act of God, communication failure, theft or otherwise.
Cellularreturns does not guarantee that any content, material, information, software accessible or downloaded through its Website will be free from any viruses, now known or created in the future. Your sole and exclusive remedy relating to the use of the Website or Cellularreturns services shall be your right to cancel your account with Cellularreturns.
You agree to indemnify, defend, and hold harmless Cellularreturns, its subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors from and against any and all legal claims, liabilities, damages, losses, costs, expenses, or fees (including all reasonable attorneys’ fees) that Cellularreturns may incur as a result of or arising out of your (or any other person or persons having access to and using your account) violation or breach of any of the Terms or conditions found on the Website to which you agree to. In any instance where you are entitled to indemnification through your use of the Website or our services, then your hereby expressly agree to allow Cellularreturns to assume the exclusive defense and control of such matters and shall cooperate with our defense of such claim. Your failure to cooperate with us in defending any claim by any third-party shall cause an automatic forfeiture of your indemnification rights under these Terms.
9. Notices and Transactions
You agree that all transactions conducted through our Website will be done electronically. This means that you agree to accept our Terms and Conditions and to transact any sale, donation or recycling of your Product with us by electronic means. You authorize us to send you important notices about the Website and any pending transactions to an email address you provide to us or, in the alternative, by posting a notice on the Website. It is your responsibility to keep your email address valid and updated to ensure that email notices we send to you are not filtered, stopped or sent to spam folders or other types of email blocking capabilities. If you do not wish to make electronic transactions with us then you may no longer use the Website.
Your use of the Website must comply with all applicable laws in the territory in which you access and use the Website, including without limitation, all import and export control laws and regulations of the United States and other countries. You must not transfer, by electronic transmission or otherwise, any content, data, or software subject to restrictions under such laws to a national destination, person, or entity or for an end-use prohibited under those laws without first obtaining and complying with government authorization.
Cellularreturns reserves the right to investigate complaints or reported violations of the Terms and to take any action Cellularreturns deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information reasonably necessary or appropriate to such persons or entities relating to user profiles, e- mail addresses, usage history, posted materials, IP addresses and traffic information. Cellularreturns reserves the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to the right to block access from a particular Internet address to the Cellularreturns Website.
Severance: If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms or any Agreement.
Waiver: No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Survival: Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall survive even after the termination of these Terms for whatever reason.
Entire Agreement: These Terms govern our relationship with you. You confirm that, in agreeing to accept the Terms, you have not relied on any representation except for those expressly found in these Terms.
Applicable Law: By visiting Cellularreturns.com, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern and be used to construe these Terms and Agreement of use and any dispute of any sort that might arise between you and Cellularreturns.com or its affiliates. You irrevocably consent and waive all objections to personal jurisdiction and venue in the State and Federal Courts located in Kinds County, State of New York and you shall not commence or prosecute and suit or action except in the foregoing courts.
The registered company address of Cellular Returns.com Corp. is:
2695 Coney Island Ave
Brooklyn NY 11235
Last Updated: January 13, 2015