Terms of Service
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE SITE, GRANT YOU A LIMITED, REVOCABLE LICENSE TO USE THE SITE AND CONTAIN LEGALLY SIGNIFICANT PROVISIONS SUCH AS LIMITATION OF LIABILITY AND WAIVER OF WARRANTIES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU ARE NOT ALLOWED TO USE THIS SITE AND YOU SHOULD EXIT THE SITE IMMEDIATELY.
Welcome to CellularSales.com (hereafter referred to as “the Site" or “the Web Site”), a service of Cellular Sales of Knoxville, Inc. ("CSOKI" or “the Company”). By accessing the Web Site, you are agreeing to be bound by these Terms and Conditions of Use (“Terms”). Please read them carefully.
These Terms apply solely to web sites owned or operated by Cellular Sales of Knoxville, Inc. Please note that other entities or organizations may operate or own websites that use the name “Cellular Sales” in some manner or provide wireless services and retail products and those entities or organizations may have different or additional terms and conditions regarding your use of those websites, services or products, and nothing in those terms and conditions modify these Terms.
1.A “user” is someone who accesses, browses, crawls, or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site. The terms “we”, “us”, “our” and “Cellular Sales” refer to CSOKI.
2.“Content” means text, images, photos, audio, video, and all other forms of data or communication regardless of the method of delivery. “Your Content” means Content that you submit or transmit to or through the Site, such as ratings, reviews, and information that you choose to display as part of any account profile you may create for the Site. “User Content” means Content that users submit or transmit to or through the Site. “Cellular Sales Content” means Content that we create and make available on the Site. “Third Party Content” means Content that is made available on the Site by parties other than CSOKI or its users. Third Party Content may include Content provided by or through independent sales companies (“Contractors”) of CSOKI. “Site Content” means all of the Content made available on the Site, including Your Content, User Content, Third Party Content and Cellular Sales Content.
When you visit any part of the Site or send an e-mail to us through the Site, you are communicating with us electronically. This communication or your use of the Site gives rise to (i) your consent to receive communications from us electronically, and (ii) your agreement to comply with these terms and conditions. We may communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
CSOKI grants you a limited license to access and make personal use of this Site and you agree that you will not, and will not assist or enable others to:
1.use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Site;
2.use the Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
3.use the Site for promotional or commercial purposes, except as expressly allowed in writing by CSOKI;
4.use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
5.use the Site for keyword spamming or to otherwise attempt to manipulate natural search results;
6.use the Site to promote bigotry or discrimination against protected classes as that term is commonly referred to under the laws of the United States;
7.use the Site to violate any third-party right, including any breach of contract, breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
8.use the Site to submit or transmit pornography, illegal content or immoral content;
9.use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
10.use the Site in violation of the Terms or any applicable law, rule or regulation;
11.modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than your Content), except as expressly authorized by CSOKI in writing and in advance of such use;
12.reverse engineer any portion of the Site;
13.remove or modify any copyright, trademark or other proprietary right notice on the Site or on any materials printed or copied off of the Site
14.record, process, or mine information about other users;
15.use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content;
16.access, retrieve or index the Site for purposes of constructing or populating a searchable database of business reviews;
17.reformat or frame any portion of the Site;
18.take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on the company's technology infrastructure;
19.attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
Any unauthorized use terminates the permission or license granted by CSOKI. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray the Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Company logo or other proprietary graphic or trademark as part of the link without CSOKI express written permission.
Your Account and Responsibility for Your Content
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
You assume all risks associated with your Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described in these Terms. You may not imply either on this Site or in any other use or location, whether that Your Content is in any way sponsored or endorsed by CSOKI.
You may expose yourself to liability if Your Content: (i) violates these Terms or any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) contains material that is false, intentionally misleading, or defamatory; (iii) contains material that is unlawful, including pornography or incites violence; (iv) exploits or otherwise harms minors; or (v) violates or advocates the violation of any law or regulation.
Permission to Use Your Content
In designated areas of the Site, you may post reviews, comments, and other Content; so long as the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or otherwise violates these Terms. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of information or content. CSOKI reserves the right (but not the obligation) to remove or edit such content, but this right does not rise to the level of an obligation on the part of CSOKI to regularly review posted Content. CSOKI does not regularly review posted Content.
If you do post Content or submit material you grant CSOKI a nonexclusive, royalty-free, perpetual, irrevocable, and fully assignable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, or display such Content anywhere and in any manner, including throughout the world and in any media. You grant CSOKI and any assignee the right to use the name that you submit in connection with such Content, but the use of the name is not required and shall be at CSOKI or assignee discretion. You represent and warrant that you own and control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from your Content. CSOKI has the right but not the obligation to monitor, comment, edit or remove any activity or Content. The Company takes no responsibility and assumes no liability for any Content posted by you or any third party.
We may remove or reinstate User Content from time to time at our sole discretion. We have no obligation to retain your Content or the underlying data created by your Content or provide you with copies of your Content or the underlying data created by your Content.
Copyright and Trademarks
All Content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and certain software, is the property of CSOKI. Your Content is the property of CSOKI. Cellular Sales is a trademark of CSOKI. Nothing in these Terms or the Site grants, by implication, estoppels, or otherwise, a license or right to use of any trademark displayed on the Site without the prior written consent of CSOKI.
Product Descriptions and Errata
The material or information appearing on the Site could include mistakes or errors, including but not limited to technical, typographical, or photographic errors. CSOKI attempts to provide the most accurate Content possible on the Site, but does not warrant or represent that any of the material or information on the Site is accurate, complete, or current.
Except where noted otherwise, the List Price displayed for products on the Site represents the manufacturer or supplier suggested price. Prices listed on the Site may be subject to CSOKI’s Price Match Guarantee policy. Additional information about the Price Match Guarantee is available at CSOKI retail locations. Nothing contained on these Terms provides a warranty of any type for any product (SEE BELOW DISCLAIMER OF WARRANTIES).
The Site may contain links to other websites (“Third Party Site”), including sites operated by or referencing Independent Contractors. We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites.
Disclaimer of Warranties and Limitation of Liability
THE USER OF THE SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET GENERALLY. THE CONTENT PROVIDED FOR ON THIS SITE IS PROVIDED “AS IS”. CSOKI AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT OR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO THE DOCUMENTATION AND RELATED GRAPHICS, ACCESSED FROM, OR VIA, THE SITE OR THE INTERNET), INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, OR NON-INFRINGEMENT. CSOKI DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE. IN NO EVENT SHALL CSOKI BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING IN LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE CONTENT, THE SITE OR THE INTERNET GENERALLY.
You agree to indemnify, defend, and hold harmless CSOKI and its officers, directors, employees, affiliates, agents, business partners, licensors, and suppliers from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from (i) your use of and access to the Site; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Web Site.
No Endorsement of Other Sites
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by CSOKI. Product and service information is the sole responsibility of each individual vendor. We encourage you to be aware when you leave the Site and to read the terms and conditions and privacy statements of each and every web site that you visit or product you purchase. We are not responsible for the practices or the content of any other web sites.
Modifications to the Site and Terms
CSOKI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. CSOKI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
CSOKI may revise these Terms at any time without notice. By using the Site you are agreeing to be bound by the then current version of these Terms.
No agency, partnership, joint venture, or employment is created by your use of the Site, or as a result of the Terms. You do not have any authority of any kind, apparent, actual or ostensible, to bind us in any respect whatsoever.
Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
Any failure on our part to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
By visiting the Site, you agree that the laws of the state of Tennessee will govern these Terms and any dispute of any sort that might arise between you and CSOKI, without regard to principles of conflict of laws. You expressly consent to the jurisdiction of the federal or state court located in Knox County, Tennessee.
If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
Please report any violations of the Terms, including objectionable User Content or behavior, to email@example.com. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Include sufficient information with specificity. Upon receiving such a report of a possible violation, CSOKI in its sole discretion may investigate the matter and take such action as CSOKI determines to be appropriate. If you think any User Content is illegal, contact an authorized law enforcement officer.
© 2010 Cellular Sales of Knoxville, Inc. All rights reserved.