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Terms & Conditions
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE DEVICES-NOW.COM WEBSITE OR RELATED SERVICES.
Welcome to the Devices-Now.com Site and Services (“Devices-Now.com”) operated by Generation Cellular, LLC. (“Generation Cellular”, "we" or "us").
Description of the Devices-Now.com Service
Generation Cellular is providing you with Devices-Now.com, an online website for purchasing overstock, open box, used & refurbished inventory at a discounted price. Please read these Terms of Service before accessing this web site. This is a legally binding agreement between you and us.
These Terms of Service sets forth the standards of use of Devices-Now.com. By using the Devices-Now.com web site you agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of Devices-Now.com.
If you do not understand and agree to these Terms of Service, please do not use Devices-Now.com, and do not register to be a user or create an account on Devices-Now.com. If you have any questions or concerns regarding these Terms of Service, please let us know by contacting us at support@Devices-Now.com. Do not use Devices-Now.com until these questions and concerns have been answered to your satisfaction and you agree to abide by the terms and conditions of these Terms of Service.
By visiting Devices-Now.com and/or by completing the registration process and creating an account for Devices-Now.com, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. DEVICES-NOW.COM IS AVAILABLE ONLY TO USERS 18 YEARS OF AGE OR OLDER.
Modifications to these Terms of Service
We reserve the right, at any time, to modify, alter, or update the terms and conditions of these Terms of Service without prior notice. Modifications shall become effective immediately upon being posted at Devices-Now.com. Your continued use of Devices-Now.com after amendments are posted constitutes an acknowledgement and acceptance of these Terms of Service and any modifications.
If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of Devices-Now.com. Your continued use of Devices-Now.com following the posting of modifications will constitute your acceptance of the revised terms and conditions. Should you have any questions regarding the use of Devices-Now.com, please contact support@Devices-Now.com.
Use of the Devices-Now.com Services
Use of Devices-Now.com is void where prohibited. By accessing or otherwise using Devices-Now.com, you are acknowledging and agreeing, and representing and warranting that (i) you have read, understand, and agree to be legally bound and to abide by these Terms of Service, just as if you had signed a written agreement; (ii) you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service; and (iii) if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party.
We assume responsibility for filtering or monitoring the content viewed by users of Devices-Now.com. We reserve the right, at any time, to: (a) modify or discontinue some or all of Devices-Now.com, including, but not limited to (i) restricting the time Devices-Now.com is available, (ii) restricting the amount of use of Devices-Now.com permitted, and (iii) restricting or terminating any user's right to use Devices-Now.com, with or without notice; (b) charge fees in connection with the use of all or part of Devices-Now.com; (c) modify and/or waive any fees charged in connection with Devices-Now.com; and/or (d) offer opportunities to some or all users of Devices-Now.com. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of Devices-Now.com, in whole or in part, or of any service, content or feature offered through Devices-Now.com. Your continued use of Devices-Now.com following the posting of changes to these Terms of Service will constitute your acceptance of such changes.
Subject to the above, the terms and conditions set forth herein, and any applicable third party restrictions, Generation Cellular grants you a revocable, non-transferable, non-exclusive and non-sublicensable limited right and license to view, use and access Devices-Now.com to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content to the extent made available for such purposes on Devices-Now.com, solely for your informational purposes and for your immediate and private use; and (b) make purchases of goods and services through links found on or through Devices-Now.com. At all times you must retain all Devices-Now.com or third-party copyright and proprietary notices contained in the original materials or any copies thereof. All rights to ownership or use not expressly stated herein are reserved by us and we disclaim any and all implied licenses.
In order to use certain services on Devices-Now.com, you must create an account, which makes you a registered user of Devices-Now.com. You agree that Devices-Now.com user names may be refused, changed, removed or replaced by us for reasons including, but not limited to, using a user name to impersonate another person, if a user name is offensive or violates third party intellectual property, etc.
If you elect to register to utilize Devices-Now.com and/or participate in any promotions, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Devices-Now.com account registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we have the right to suspend or terminate your account (including any payments or pending orders) and refuse any and all current or future use of Devices-Now.com (or any portion thereof).
In addition to any other Registration Data, to register on Devices-Now.com you will be required to choose a password. You are solely responsible for maintaining the confidentiality of any password you may use to access Devices-Now.com, and agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to Devices-Now.com, to any third party. You are fully responsible for all activity that occurs in connection with your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account or Devices-Now.com, and to ensure that you "log off"/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
In addition to any other rights or remedies available to us, we reserve the right to immediately suspend, terminate, access and investigate the user account of any user upon receipt of a subpoena or law enforcement request, or when we believe, in our sole discretion, that a user is transmitting or is otherwise connected with the distribution of unsolicited bulk email messages (SPAM), or with any fraudulent, misleading, illegal or otherwise objectionable activities. Because of the difficulty associated with quantifying damages, if actual damages cannot be reasonably calculated then you agree to pay liquidated damages of $5 for each piece of unsolicited bulk email connected with your account that references DEVICES-NOW, Devices-Now.com, Generation Cellular, Inc., or any goods and services offered on Devices-Now.com, or the maximum liquidated damages permitted under law, whichever is greater; otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.
You agree that we, in our sole and absolute discretion, may terminate your password, account (or any part thereof) or use of Devices-Now.com, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. We may also in our sole discretion and at any time discontinue providing Devices-Now.com, or any part thereof, with or without notice. You agree that any termination of your access to Devices-Now.com under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or to Devices-Now.com. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to Devices-Now.com.
User Conduct and Acceptable Use Policy
Unauthorized use of Devices-Now.com is expressly prohibited. You may not use Devices-Now.com in any way that violates applicable federal, state, or international law, or for any unlawful purpose.
Additionally, we reserve the right, without limitation, to terminate your access to and use of Devices-Now.com if, in our view, your conduct fails to meet any of the following guidelines for User conduct:
You may not misrepresent your identity or impersonate any person.
You may not attempt to gain access to any account, computers or networks related to Devices-Now.com without authorization.
You may not attempt to obtain any data through any means from Devices-Now.com, except if we intend to provide or make it available to you.
You may not attempt to charge others to use Devices-Now.com either directly or indirectly.
You may not use Devices-Now.com to harvest or otherwise collect information about others, including e-mail addresses.
You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by us in connection with Devices-Now.com
You may not use Devices-Now.com in a manner that results in excessive bandwidth usage, as determined by our representative. Use of Devices-Now.com as well as use of Devices-Now.com on any desktop or portable application will be applied toward such bandwidth usage.
All judgments concerning the applicability of these guidelines shall be at our sole and exclusive discretion. We reserve the right, in our sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit our response to a future complaint.
Limitation of Liability
THE DEVICES-NOW SITE, SERVICES AND CONTENT (DEVICES-NOW.COM) ARE PROVIDED "AS IS" AND GENERATION CELLULAR EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT GENERATION CELLULAR, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in this Policy, or elsewhere on Devices-Now.com, or as otherwise required by applicable law, neither Generation Cellular nor its directors, employees, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, your inability to use or the performance of Devices-Now.com or the content whether or not we have been advised of the possibility of such damages.
In the event that, notwithstanding the foregoing disclaimers and indemnification, we are found responsible to any user for any reason whatsoever, our responsibility shall be limited to $50.00 or actual damages, whichever is less, and shall not include punitive damages or consequential or resulting damages of any nature.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS GENERATION CELLULAR, INC, ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AGENTS AND THIRD-PARTY PROVIDERS, TO, FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE DEVICES-NOW SITE OR SERVICES, YOUR VIOLATION OF THESE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY US OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Generation Cellular agrees to indemnify, defend and hold you harmless from and against any and all losses, liabilities, costs (including reasonable attorneys’ fees) or damages resulting from any claim by any third party that our proprietary software infringes such third party’s U.S. patents issued as of the Effective Date, or infringes or misappropriates, as applicable, such third party’s copyrights or trade secret rights under applicable laws of any jurisdiction within the United States of America; provided that you promptly notify us in writing of the claim, cooperate with us, and allow Generation Cellular sole authority to control the defense and settlement of such claim. If such a claim is made or appears possible, you agree to permit us, at our sole discretion, to enable you to continue to use the Marketing Service or the Documentation, as applicable, or to modify or replace any such infringing material to make it non-infringing. If we determine that none of these alternatives is reasonably available, you shall, upon written request from us, cease use of, and, if applicable, return, such materials as are the subject of the infringement claim. This Section 7 shall not apply if the alleged infringement arises, in whole or in part, from (i) modification of Devices-Now.com by you, or (ii) combination, operation or use of Devices-Now.com with other software, hardware or technology not provided by us. IN NO EVENT SHALL OUR LIABILITY UNDER THIS SECTION 7 EXCEED THE CAP ON LIABILITY SET FORTH IN SECTION 6.
Modifications and Interruption to Service
We and our service providers utilize diligent efforts to maintain Devices-Now.com, but neither we nor our service providers are responsible for any defects or failures associated with Devices-Now.com, including, without limitation, the email service, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.
We reserve the right to modify or discontinue our services with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue Devices-Now.com or any part thereof. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our web site and operation of our web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Devices-Now.com and certain content may contain advertisements for or links to other Internet sites or resources. Devices-Now.com may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of Devices-Now.com. We encourage you to review said privacy policies of third-parties’ sites. Should you have any problems resulting from your use of any third-party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.
Governing Jurisdiction of the Courts
The laws of the State of Florida will govern these Terms of Service, without giving effect to any choice of law rules. We make no representation that Devices-Now.com is appropriate, legal or available for use in other locations. Accordingly, you irrevocably submit to the jurisdiction of the courts located in the State of Florida for all disputes. You and Generation Cellular, Inc., to the fullest extent permitted by law, waive all right to trial by jury in any action, proceeding or counterclaim relating to these Terms of Service. The provisions of this paragraph shall survive, even if you cease your use of Devices-Now.com.
Compliance with Laws
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use Devices-Now.com in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
Copyright and Trademark Information
All Services included or available on Devices-Now.com, including site design, text, graphics, interfaces, and the selection and arrangements thereof is owned or licensed by Generation Cellular, Inc, with all rights reserved, or is the property of third parties protected by intellectual property rights. Any use of materials on the web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Generation Cellular is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Generation Cellular.
Intellectual Property Rights and Notices
Except for the licenses granted herein, you have no right, title or interest in or to Devices-Now.com. You agree that we or our licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to Devices-Now.com.
DEVICES-NOW and the DEVICES-NOW logo are including without limitation, either trademarks, service marks or registered trademarks of Generation Cellular, Inc., and may not be copied, imitated, or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
We may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in our Site that are part of Devices-Now.com. Unless we have granted you licenses to our intellectual property, our providing you with Devices-Now.com does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
Notices and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact support@Devices-Now.com and provide the written information specified below:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Generation Cellular designates as its agent for receipt of notifications of claimed copyright infringement, support@Devices-Now.com
Electronic Delivery/Notice Policy And Your Consent
By using Devices-Now.com, you consent to receive from us all communications including notices, agreements, legally required disclosures or other information in connection with Devices-Now.com (collectively, "Contract Notices") electronically. We may provide such electronic Contract Notices by posting them on Devices-Now.com. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of Devices-Now.com.
No failure or delay by us in exercising any right or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right or privilege preclude any other or further exercise thereof or the exercise of any other right or privilege under these Terms of Service. If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Service sets forth the entire agreement and understanding between you and us with respect to the use of Devices-Now.com, and, supersedes and merges any and all prior oral or contemporaneous agreements, discussions and understandings between the parties, and neither of the parties will be bound by any conditions, inducements or representations other than as expressly provided for in these Terms of Service.