Hello! To use the Web site, services, content, technologies and applications of BYOPhone.com (the “Website” or “Site”) you must abide by the following terms.
The Site Terms
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by BYOPhone.com, acceptance is expressly limited to these terms.
You may use the Site for your personal, noncommercial use only. You may not use the Site if you are under the age of 13. If you are between the ages of 13 and 18, you may use the Site only with involvement of a parent or guardian.
Registration is not required to visit the Website; however, use of our Services requires a BYOPhone.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
We may modify the Site Terms at any time. If you do not agree to the changes, you may discontinue using BYOPhone.com before the changes take effect. Your continued use of BYOPhone.com 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 “Terms of Service” link at www.BYOPhone.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 posted in particular areas of the site and, together with these Site Terms, govern your use of those areas, content, or transactions.
- About the Website
The Website gives users the ability to buy certain electronic devices such as mobile phones (collectively, the “Product”) subject to these Site Terms. You agree that all transactions will be performed electronically. 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.
- Proprietary Rights
All content included on or comprising the Site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and BYOPhone.com owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark and other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The BYOPhone.com logos and other trademarks on the Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by BYOPhone.com and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
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 BYOPhone.com 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.
- 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 BYOPhone.com 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 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.
- Disclaimer and Limitation of Liability
BYOPhone.com makes every effort to ensure the information presented in, on or through its Website is accurate, however, because BYOPhone.com communicates information provided and created by advertisers, software developers, publishers, marketing agents, resellers and other third parties, BYOPhone.com 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.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY BYOPHONE.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND HEREUNDER, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OR OUR SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY CAUSED BY PRODUCTS, OR FOR BYOPHONE.COM’S GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD.
- Links to Third-Party Web Sites
You agree to indemnify, defend, and hold harmless BYOPhone.com, 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.
- Electronic Notices and Transactions
You agree to transact with us electronically. 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 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.
- 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.
- Notification of Copyright Infringement under the Digital Millennium Copyright Act (DMCA)
If you believe that your copyrighted material may have been infringed, please provide BYOPhone.com’s Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your e-mail address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. BYOPhone.com’s designated agent to receive notifications of claimed infringement can be reached by:
DCMP Service Co. LLC
6900 E. Camelback RD.
Scottsdale, AZ 85251Email:
For additional information regarding this procedure, please reference 17 USC 512.
- Reviews, Comments, Communications, and Other Content
You may interact with the Site and BYOPhone.com in numerous ways, including Reviews and Ratings, Videos, Questions and Answers, Community Forums, testimonials, and e-mail communication. You hereby grant BYOPhone.com a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via e-mail or phone) or materials you send to us throughout the world in any media. You also grant us the right to use the name you use when you submit content to us, in connection with that content. When you submit content to us, you will disclose any affiliation you have and you will not submit anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.
BYOPhone.com reserves the right to investigate complaints or reported violations of the Site Terms of Service and to take any action BYOPhone.com 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. BYOPhone.com 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 BYOPhone.com, website. These incorporate by reference any notices 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 of Service is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.