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Cash For Gadgets Site Terms
Welcome to the CashForGadgets.com website! You may use the Web site, services, content, technologies and applications of CashForGadgets.com (the "Website") only on the condition that you abide by the following terms.
BY USING THE WEBSITE AND/OR BY REGISTERING TO OPEN AN ACCOUNT WITH US, YOU SIGNIFY YOUR AGREEMENT TO THE FOLLOWING TERMS ("SITE TERMS").
1. About The Site Terms
The Website is a service made available by Cash For Gadgets ("CashForGadgets", "we" or "us"). The Site Terms have the same effect as an agreement in writing and govern your use of the Website. If you do not agree to the Site Terms, please do not use the Website. We may modify the Site Terms at any time. If you do not agree to the changes, you may discontinue using CashForGadgets before the changes take effect. Your continued use of CashForGadgets after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log into the Website, you reaffirm your acceptance of the Site Terms. You are responsible for regularly reviewing the Site Terms, by clicking on the "Site Terms" link at www.CashForGadgets.com. The Site Terms may be supplemented by additional terms and conditions applicable to privacy, specific areas of this Website, or to particular content or transactions are posted in particular areas of the site and, together with these Site Terms, govern your use of those areas, content, or transactions.
2. About the Website
The Website gives users the ability to sell certain electronic devices such as mobile phones, mp3 players and tablets (collectively, the "Product") subject to these Site Terms. You agree that all transactions will be performed electronically and that the terms of any offer to sell any Product will be governed by CashForGadgets’ Terms of Sale Agreement located at http://www.CashForGadgets.com/service_terms. We may, in our sole discretion, change or discontinue any or all aspects of the Website at any time, without notice, and without liability to you.
Registration is not required to visit the Website; however, you will need to register with us and create an account if you desire to use all of the Website’s services and features or to complete a transaction with us. If you register to open an account, you agree to provide accurate, complete registration information. You must be legally capable to enter into contracts. It is your responsibility to make any updates to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. We do not permit any other person using the registered sections under your name. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you should notify CashForGadgets immediately by emailing privacy@CashForGadgets.com.
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, trade dress, patents or other intellectual or proprietary rights owned by CashForGadgets or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. Furthermore, CashForGadgets retains all rights (including intellectual property rights), title and interest in the Website, technology, and all underlying technology and data including any enhancements, software, applications and improvements related to the Website (the "Technology")(the terms Content and Technology collectively will be referred to as the "Materials"). You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.
5. Use of Website and Materials
CashForGadgets provides the Website and the Materials for your individual, non-commercial use and solely for the purpose of carrying out individual transactions with the Website. Any other use of the Website or the Materials is strictly prohibited. You may not, either directly or indirectly:
Any permitted use of the Website does not extend to using the Website or Materials for any illegal purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Materials.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
- Modify, republish, redistribute, delete, resell, sublicense, publicly perform, cache by proxy the Website or Materials without the express written permission of CashForGadgets or the applicable rights holder;
- Use the Materials for telemarketing, direct marketing, and commercial mass e-mail or by agents or representatives or e-mail spammers;
- Reverse engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan, sell, sublicense or transfer the underlying source code or structure or sequence of the Technology or delete or alter author attributes or copyright notices;
- Use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users;
- Reformat or frame any portion of the Website or Materials;
- Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
- Allow others to use the Website under or through your account login ID/email and password;
- Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- Violate the Site Terms, applicable law or the rights of others; or Disrupt or interfere with the security of, or otherwise cause harm to, the Website.
By using the Website, uploading content to or submitting any materials for use on the Website, you grant (or warrant that the owner of such rights has expressly granted CashForGadgets a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials and/or information generated through use of the Website or incorporate such materials and/or information generated through use of the Website into any form, medium, or technology now known or later developed throughout the universe. We need these rights to host and display your content.
7. Automated Activity
The Website may use robot exclusion methods, which include robots.txt files and HTML meta tags, that expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. Much of the information on the Website is updated on a real time basis and is proprietary or is licensed to CashForGadgets by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose, including but not limited to performing "offline" searches and mirroring, without our express written permission as indicated in the then current robots.txt file or HTML meta tags on the Website. Additionally, you agree that you will not bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Website.
You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give CashForGadgets notice of such link by sending an e-mail to privacy@CashForGadgets.com and (c) you discontinue providing links to this Website if requested by CashForGadgets. If you wish to provide links to a section within the Website, you should forward your request to CashForGadgets at privacy@CashForGadgets.com and CashForGadgets will notify you if, within its sole and unfettered discretion, permission is granted, and, if so, the terms and conditions of the permission.
CashForGadgets makes every effort to ensure the information presented in, on or through its Website is accurate, however, because CashForGadgets communicates information provided and created by advertisers, software developers, publishers, marketing agents, resellers and other third parties, CashForGadgets has no control over the accuracy of such information, and makes no guarantee as to such information, and is not responsible for the information, including its accuracy, currency, content, quality, copyright compliance or legality, or any resulting loss or damage.
10. Warranty, Liability, Indemnification
CashForGadgets makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk and that CashForGadgets shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.
THE WEBSITE AND MATERIALS ARE PROVIDED BY CASHFORGADGETS ON AN "AS IS" BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. CASHFORGADGETS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. WE MAKE NO REPRESENTATIONS THAT THE WEBSITE OR MATERIALS WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY GAIN FROM YOUR USE OF THE WEBSITE.
IN NO EVENT SHALL CASHFORGADGETS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. CASHFORGADGETS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
CASHFORGADGETS DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR THEIR HARMFUL COMPONENTS. CASHFORGADGETS'S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY CASHFORGADGETS SHALL BE CANCELLATION OF YOUR ACCOUNT.
You agree to indemnify, defend, and hold harmless CashForGadgets, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation or breach of any representation or obligation under these Site Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
13. Electronic Notices and Transactions
You agree to transact with us electronically. This means you agree to accept our terms and conditions to transact any sale 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, if you are a registered account holder or, in the alternative, by posting a notice on the Website. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website. You can retrieve and review these Site Terms at any time by visiting http://www.CashForGadgets.com/Site_Terms.
You are responsible for obtaining at your own expense all equipment and services needed to access and use the Website, including all devices, Internet browsers and Internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
15. Notice Regarding Technology
Our Technology, including any software or applications we provide to you, is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the software with only those rights set forth herein.
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. You must not upload any data or software to the Website that cannot be exported without prior written government authorization and notification, including, but not limited to, certain types of encryption software.
This Agreement shall be treated as though it were executed and performed in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration.
Severability: Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with, the Website or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. CashForGadgets's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Force Majeure: We are not responsible for any loss, damages, costs, claims or expenses which you may incur as a result of our delay in or failure to perform our obligations where such delay or failure is due to causes beyond our control. Causes beyond our control include, but are not limited to: fire, flood, earthquake, accident, civil disturbances, war, rationing or embargoes, strikes, labor problems, delays in transportation, inability to secure necessary materials, delay or failure of performance of any supplier or subcontractor, acts of God and acts of Government.
Legal Warning: Any attempt by any individual, whether a user or otherwise, to damage, destroy, tamper with, vandalize and / or otherwise interfere with the operation of the Website and / or Services, is a violation of criminal and civil law and CashForGadgets will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
Modifications: This Agreement is subject to change at any time, with or without notice. All changes are effective upon their posting on the Website. You agree that it is your responsibility to bookmark this page and to check it frequently for updates to your Agreement with us. If you object to any of the terms and conditions in the Agreement, if you become dissatisfied with the Services or any subsequent modifications to the Agreement, your sole recourse is to immediately discontinue the use of the Services.