Welcome! You may
use the website, services, content, technologies and applications of revampelectronics.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 ReVamp
Electronics and its parent, subsidiaries and affiliates ("ReVamp
Electronics," "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 ReVamp Electronics before the changes take effect. Your
continued use of ReVamp Electronics 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
"Legal" link at www.revampelectronics.com. The Site Terms may be
supplemented by additional terms and conditions applicable to specific areas of
this Website, or to particular content or transactions are posted in particular
areas of the site, which, 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, buy or donate certain electronic devices such as
mobile phones (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 or donate any Product will be governed by ReVamp
Electronics 's Terms of Sale Agreement located at https://www.revampelectronics.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.
3.
Registration
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 and you
agree not to share your account credentials with others. If you believe there
has been unauthorized use of your account, notify ReVamp Electronics immediately
by emailing support@revampelectronics.com.
4.
Ownership
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 ReVamp Electronics or other third
parties. All trademarks and copyrighted information contained on the Website
are the property of their respective owners. Further, ReVamp Electronics 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
ReVamp Electronics 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:
Modify,
republish, redistribute, delete, resell, sublicense, publicly perform, cache by
proxy the Website or Materials without the express written permission of ReVamp
Electronics 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.
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.
6.
License
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 ReVamp Electronics 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 ReVamp Electronics
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.
8. Linking
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 ReVamp
Electronics notice of such link by sending an e-mail to support@revampelectronics.com
and (c) you discontinue providing links to this Website if requested by ReVamp
Electronics . If you wish to provide links to a section within the Website, you
should forward your request to ReVamp Electronics at support@revampelectronics.com and ReVamp
Electronics will notify you if, within
its sole and unfettered discretion, permission is granted, and, if so, the
terms and conditions of the permission.
9.
Representations
You represent and
warrant to us that (a) you are legally capable to enter into contracts, (b) you
are providing us at all times true, accurate and up to date information about
yourself, (c) you will comply at all times with the Site Terms and applicable
law and (d) your use of the Website and any transactions that you make with us
will not violate the rights of any third party. You further represent and
warrant that the device you intend to sell is rightfully owned by you free and
clear of all liens and/or encumbrances.
10.
Disclaimer
ReVamp Electronics makes
every effort to ensure the information presented in, on or through its Website
is accurate, however, because ReVamp Electronics communicates information provided and created
by advertisers, software developers, publishers, marketing agents, resellers
and other third parties, ReVamp Electronics 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.
11.
Warranty and Liability
ReVamp Electronics
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.
THE WEBSITE AND
MATERIALS ARE PROVIDED BY REVAMP ELECTRONICS ON AN "AS IS" BASIS AND
AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, REVAMP ELECTRONICS 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 AND WE DO NOT GUARANTEE THAT ANY CONTENT, INFORMATION,
SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REVAMP ELECTRONICS OR ITS DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE "REVAMP
ELECTRONICS PARTIES") BE LIABLE FOR
ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL 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, WHETHER BASED IN
CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, REVAMP ELECTRONICS AND THE REVAMP ELECTRONICS PARTIES SHALL NOT
BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY EVENTS BEYOND
OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, FAILURE OF THE INTERNET
OR ANY 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. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF REVAMP ELECTRONICS AND THE
REVAMP ELECTRONICS PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO THESE SITE
TERMS OR YOUR USE OF THE WEBSITE EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF
ANY, BY YOU TO US OR (II) $100. THE LIMITATIONS SET FORTH IN THESE SITE TERMS
WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD, OR
INTENTIONAL, MALICIOUS OR RECKLESS MISCONDUCT, OR FOR PERSONAL INJURY OR
PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE WEBSITE.
12.
Indemnity
You agree to
indemnify, defend, and hold harmless ReVamp Electronics and the ReVamp Electronics
Parties 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 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.
Privacy
Please refer to
our Privacy Policy for information about how we collect, use and disclose
information about you.
14.
Electronic Notices and Transactions
You agree to transact
with us electronically. This means you agree to accept and 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, 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 https://www.revampelectronics.com.
15.
Access
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.
16.
Notice Regarding Technology
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.
17.
Miscellaneous
ReVamp
Electronics reserves the right to
investigate complaints or reported violations of the Site Terms and to take any
action ReVamp Electronics 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 necessary or appropriate to such persons or entities
relating to user profiles, e-mail addresses, usage history, posted materials,
IP addresses and traffic information. ReVamp Electronics reserves the right to
seek all remedies available at law and in equity for violations of these Site
Terms, including but not limited to the right to block access from a particular
Internet address to any ReVamp Electronics website. These Site Terms
incorporate by reference any agreements contained on the Website and
constitutes the entire agreement with respect to access to and use of the
Website. If any provision of these Site Terms is unlawful, void or
unenforceable then that provision shall be deemed severable from the remaining
provisions and shall not affect their validity and enforceability. THESE SITE
TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE
COMMONWEALTH OF MASSACHUSETTS, U.S.A., WITHOUT REGARD TO CONFLICT OF LAW RULES
OR PRINCIPLES THAT WOULD CAUSE THE APPLICATION OF LAWS OF ANY OTHER
JURISDICTION. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL
JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN SUFFOLK
COUNTY, MASSACHUSETTS, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR
ACTION EXCEPT IN THE FOREGOING COURTS. The obligations in Sections 5 through 8,
10 through 15, 17 and 18 shall survive termination of these Site Terms.