26th May 2014
Soldmydevice.com aims to provide its users a positive experience while protecting the ownership rights as well as the rights of its visitors. The Terms of Service (collectively referred to as 'Terms' hereafter) have been developed to govern your use of soldmydevice.com (referred to as 'the Site' hereafter). The Site gives you access subject to conditions discussed below. We request you to read the Terms before using the the Site because you have legal obligation to follow them.
Ownership. Soldmydevice.com is owned and operated by WirelessPCS FL Limited Liability Company. All information, blogs, images, and videos (collectively referred to as the "Content" hereafter) are the sole property of the Site. The Content includes registered and unregistered trademarks, and the "look and feel" of soldmydevice.com. Photographs and trademarks of products for purchase are the property of their respective owners and are provided for reference purpose only. The Content of the Site is protected under applicable copyrights of the United States and other proprietary rights of the international copyright laws. Any reuse, reproduction, redistribution, deletion, creating derivative works and modification of the Site's Content - either in parts or whole - is strictly prohibited, except for when limited permission is obtained in writing upon prior mutual consent.
Digital Millennium Copyright Act (DMCA). The Site respects the intellectual rights of other individuals and business entities. If you find that any work created by you has been copied by the Site in a way that your copyright is being infringed, please file a copyright infringement notice with us at email@example.com. Any unintended copyright violation on our part would be acted upon with adequate efficiency, and such content will be removed from the Site upon successful verification of your claim. Your written copyright infringement claim should include:
Failure to include the any or all the information listed above may cause delay in the processing of your copyright infringement complaint. In case you doubt the occurrence of copyright infringement or about your rights in the work, please seek legal advice before filing the complaint to Soldmydevice.com.
By continuing to use the Site you agree and warrant that:
Restrictions on Use of the Site
Your access to the Site is limited. Therefore, you are not allowed to:
Remedies for Breach
The Site reserves the right to initiate and pursue any action deemed appropriate upon finding violation of terms, infringement of intellectual as well as other applicable rights by any user in a manner that threatens the safety of its users and the general public. In such a scenario, the Site may:
You accept that all communications and notices pertaining to your account and/or your access of the Site (referred to as 'Communications' thereof), will be delivered to you electronically. You hereby agree to accept all Communications from the Site in electronic form. You own the rights to print copies of any such Communications from our side and save it for your reference and records. All Communications sent and delivered to you electronically will be considered as legally binding as if they were in the form of paper. You agree to the Site's denial any obligation to deliver Communications in the paper format. You own the rights to revoke your permission to receive Communications electronically, but upon receiving such information, we may terminate or limit your rights to access the Site.
Linking to the Site
We encourage our users to provide link to our homepage, www.soldmydevice.com, provided it is done in a manner suitable, fair and legal. This action should in no way damage the credibility of the Site, and must not showcase link in such a way to imply any form of association or approval on our part where none exists. We prohibit link establishment from any site that is not owned by the user. It is legally binding on your part to cooperate with us in ceasing or blocking any illegal framing or linking. We may at our own discretion withdraw linking permission without any prior notice.
Disclaimer of Warranty
YOUR USE OF THE SITE, ITS MATERIAL, CONTENT AND SERVICES PROVIDED THROUGH IT IS AT YOUR OWN RISK. WE NEITHER TAKE RESPONSIBILITY NOR CLAIM THAT THE SERVICES OFFERD BY THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS WHATSOEVER. WE ARE NOT RESPONSIBLE FOR ANY PHOTOGRAPHS, CONTACTS, INFORMATION AND OTHER DATA CONTAINED IN THE DEVICES YOU SEND IN. WE HEREBY DENY AND DISOWN ALL WARRANTIES AND CONDITIONS, EITHER MENTIONED EXPLICITELY OR THOSE THAT MAY BE DERIVED FROM ANY STATEMENT, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY GUARENTEES OF MERCHANTABILITY, PROFITABILITY, AND SUITABILITY FOR PARTICULAR PURPOSE. UNDER NO CIRUMSTANCES WILL WE BE ACCOUNTABLE FOR ANY LOSS OR DAMAGE INCURRED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK (DDoS), MALICIOUS VIRUSES OR OTHER TECHNOLOGICALLY UNSAFE CONTENT MATERIAL THAT MAY HARM YOUR ELETRONIC EQUIPMENT, COMPUTER DEVICE PROGRAMS, STORED DATA OR OTHER PROPRIETARY MATERIAL OWING TO YOUR ACCESS AND THERBY USE OF THE SITE OR ANY SERVICES ACQUIRED THROUGH THE USE OF THE SITE OR ANY ACTIVITY PERFORMED BY YOU THAT MAY INCLUDE DOWNLOADING OF ANY CONTENT POSTED ON THE SITE, OR ON ANY THIRD PARTY OR AFFILIATE WEBSITE THAT HAS BEEN LINKED TO IT. NO CLAIM SUIT OR ACTION MAY BE USED AGAINST US AFTER 12 MONTHS FROM THE UNDERLYING CAUSE OF ACTION.
Limitation of Liability
THE SITE INCLUDING ITS EMPLOYEES, AGENTS, SERVICE PROVIDERS, DIRECTORS OR OWNERS WILL IN NO WAY BE HELD RESPONSIBLE FOR ANY DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE, OR ANY OTHER WEBSITES LINKED TO IT, OR ANY CONTENT ON THE SITE OR ITEMS OBTAINED THROUGH THE SITE OR OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
The testimonial pictures and/or videos used on the Site may be paid for by us. That content may not always be identified as paid content. Even though we occasionally provide compensation for such testimonials, we will not publish the ones we know to be false or misleading. The views and opinions expressed on this Site are purely the authors' and not necessarily the views, opinions or endorsement of the Site. Any claim, quote or other representation about a product or service should be verified with the provider, author, manufacturer, or party in question.
You agree to defend, indemnify and hold the Site ; including its officers, directors, business partners and agents, subsidiaries, its affiliates and their respective members, employees and third-party vendor service providers - harmless from all claims, obligations, liabilities, damages and expenses - whether genuine and consequential of every nature, identified and unknown, including attorney's fees, expenses or damages resulting from or related to a violation of your representations and acceptances detailed in this page, your service submissions to the Site, the data used on your computers and other electronic devices, your defiance and breach of any regulation, law or the rights of an associated third party.
Accuracy of All Information
At SoldMyDevice, we do our best to ensure the accuracy of all the information you receive related to your order. However, like every company, there may have been a typographical error(s), technical inaccuracies with pricing or other errors. SoldMyDevice reserves the right, at any time prior to completing and paying of the order, to correct the error and change the offer made to our customers. In the event of the product(s) already being sent or received at SoldMyDevice, the change will be applied and the customer will be notified immediately. If the customer rejects the offer, they will have the right to void the transaction and have the device(s) returned back to them in the same condition it was sent.
You acknowledge that we have no obligation to offer a return. However, we have a right to return a misrepresented device or offer you a revised quote for such a device. Shipping and handling charge may apply to returned devices. We assume no liability whatsoever for misrepresented devices that differ from the condition described by you.
In case any part or portion of the Terms of Service detailed in this page is rendered or stated as invalid or redundant by a competent court of authority, limitation or invalidation of such part or section of these Terms of Service do not reverse, nullify or invalidate the other portions. The other parts of the Terms continue remain fully effective with adequate implementation capacity. Enforcement and execution of the Terms lies exclusively with the Site, and any failure to implement the Terms in some instances - either in full or in parts - does not represent a waiver of the rights the Site own to impose in other circumstances.
The Site reserves the right to transfer or assign the interests, commitments, responsibilities or obligation under the Terms of Service, at its sole discretion, not seeking your consent.
Governing Law and Jurisdiction
All matters relating to your access to or use of the Site, including all disputes, is governed by the laws of Florida without regard to its conflicts of laws provisions which will result in application of any other law. You irrevocably agree to the personal jurisdiction by and venue in the courts in Miami, Florida and waive any objection to such jurisdiction or venue.
Please submit all comments and queries related to the Site to firstname.lastname@example.org