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Thread: Terms of Use

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This Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local
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  1. #1
    Owner / Founder - ModMyi
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    Cody Overcash's Avatar
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    Exclamation Terms of Use
    This Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulations.

    ModMyI.com requires that all visitors to our Site on the Internet (the "Site") adhere to the following rules and regulations. By accessing the Site, you indicate your acknowledgment and acceptance of these Terms of Service ("Terms"). Please read them carefully. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE.

    ModMyI.com is made up of Web sites and Web pages operated by ModMyI.com and of various products and services which are provided by ModMyI.com. These Web sites, Web pages, products and services will be collectively referred to in this Agreement as "ModMyI.com." "You" means You, Your company, Your employees, and anyone who has access to use Your ModMyI.com; account. You must be at least thirteen (13) years of age to subscribe to and use any ModMyI.com service or product without a parents consent.

    ModMyI.com is offered to You on the condition that You accept these Terms of Service and the Additional Terms without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout ModMyI.com and abide by them if You choose to use the sites, or accept the products, services or benefits, to which such terms apply. ModMyI.com reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If You continue to use ModMyI.com after any such changes, Your continued use will constitute Your consent to such changes. ModMyI.com does not and will not assume any obligation to notify You of any changes to the Terms of Service or Additional Terms.

    If You desire to obtain a hard copy of these Terms of Service, please send an email to our Public Relations Department requesting a hard copy.

    ModMyI.com has taken reasonable measures to ensure that the information and data presented on this web site is accurate and current. However, ModMyI.com makes no express or implied warranty regarding such information or data, and hereby expressly disclaims all legal liability and responsibility to persons or entities who use or access this site and its content, based on their reliance on any information or data that is available through this web site.

    On this Site, you will find content, functions, information, and tools, including that provided by third parties that are not the property of ModMyI.com.

    ModMyI.com provides links to these other Websites only as a convenience, and we cannot guarantee (and we expressly do not warrant) that they point to the intended third party site, or that the content, functions, information and tools are error-free or that your access will be uninterrupted or that material accessible from this Site is free of viruses.

    The inclusion of such links on the ModMyI.com Website are not endorsements by ModMyI.com, implied or otherwise, of the linked site or any products or services in such sites, and no information in such site has been endorsed or approved by ModMyI.com. The linked sites are not under the control of ModMyI.com, and ModMyI.com is not responsible for the contents of any linked site or any link contained in a linked site.

    The information available on this web site is not intended to constitute and should not be considered as legal advice, nor is it intended to substitute for obtaining legal advice from competent, independent, legal counsel in the relevant jurisdiction. Transmission and receipt of this information is not intended to create and does not constitute an attorney-client relationship. This web site does not purport to authoritatively interpret current federal statutes, regulations, orders or other federal authority, nor does it bind ModMyI.com to the matters presented.

    The content of this web site is not designed or intended to provide authoritative cell phone buying information or other professional advice which may be reasonably relied on by its readers. If expert assistance in this area is required, the services of a qualified professional should be sought.

    ModMyI.com reserves the right to modify or discontinue, temporarily or permanently, the Site for any reason, at its sole discretion, with or without notice to you. ModMyI.com likewise may change the terms and conditions of the Terms from time to time with or without notice to you. You agree to review the Terms periodically to ensure that you are aware of any modifications. Your continued access or use of the Site after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms.

    You agree that all access and use of the Site and its contents is at your own risk. By using the Site, you acknowledge that we specifically disclaim any liability (whether based in contract, tort, negligence, strict liability or otherwise) for any direct, indirect, incidental, common law, statutory, regulatory, consequential, compensatory, punitive, or special damages arising out of or in any way connected with your access to or use of the Site, (even if we have been advised of the possibility of such damages) including, but not limited to, any liability associated with any viruses which may infect your computer equipment.

    By using this site, you further agree to indemnify, defend and hold harmless ModMyI.com, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, licensors, suppliers and any third party information providers to us from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.

    PROPRIETARY RIGHTS

    You acknowledge and agree that all Content available on this Site is protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws. For example, ModMyI.com owns a copyright in the selection, organization, arrangement and enhancement of the Content, as well as in the Content original to itself. Third parties whose Content appears on the Site own the copyright in the Content original to them. The look and feel of the Site, including our color combinations, button shapes, and other graphical elements, also are ModMyI.com trademarks.

    DEVICE AVAILABILITY AND PRICES

    ModMyI.COM DOES NOT GUARANTEE DEVICE PRICES OR AVAILABILITY. All transactions are conducted by and fulfilled through online affiliates. All device descriptions and prices provided to you either on our website or via separate contact following your submission of a purchase request are made by the participating affiliate possessing the desired device and not by ModMyI.com. All devices prices and descriptions listed as available on our Website under the ModMyI.com Buy/Sell/Trade forum are established and electronically placed there by the participating affiliate who owns the device and not ModMyI.com. ALL DEVICES ARE SUBJECT TO PRIOR SALE AND MAY NOT BE AVAILABLE WHEN YOUR REQUEST IS PROCESSED. All data and information used in our research tools for selecting devices on this Website are supplied by third party vendors for educational purposes only and are not intended to be binding on ModMyI.com or the subscribing affiliate. Any discrepancies or mistakes made regarding device availability, condition or pricing are not the responsibility of ModMyI.com and should be directed to the affiliate or third party vendor responsible for providing the information.

    ModMyI.com is not responsible for statements made by others on web pages or websites not controlled by ModMyI.com. ModMyI.com is not responsible for the accuracy, usefulness for a particular purpose or completeness of information provided by third parties that are available on or through ModMyI.com website.

    PERSONAL AND NON-COMMERCIAL USE LIMITATION

    This Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website. The content available through this Website is the sole property of ModMyI.com or its licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, ModMyI.com-owned content received through this Website may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by ModMyI.com licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this Website to anyone, including but not limited to others in the same company or organization without ModMyI.com's express prior written consent.

    LIABILITY DISCLAIMER

    ALL CONTENT PROVIDED ON THIS WEBSITE IS FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT IN ANY MANNER CREATE A LEGAL CONTRACT EXPRESS OR IMPLIED BETWEEN MODMYIFONE.COM AND YOU. WITHOUT LIMITING THE FOREGOING, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. MODMYIFONE.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME. MODMYIFONE.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MODMYIFONE.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL MODMYIFONE.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MODMYIFONE.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

    INDEMNIFICATION

    Upon a request by ModMyI.com, you agree to defend, indemnify, and hold harmless ModMyI.com and its parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your misuse of this Site in a manner not in strict conformance with these Terms of Use. ModMyI.com reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ModMyI.com in asserting any available defenses.

    INTERNATIONAL USE

    ModMyI.com makes no representation that Content on this Site is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

    NO UNLAWFUL OR PROHIBITED USE

    As a condition of your use of this Website, you warrant to ModMyI.com that you will not use this Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

    LINKS TO THIRD PARTY SITES

    This Website may contain hyperlinks to Websites operated by parties other than ModMyI.com. Such hyperlinks are provided for your reference only. ModMyI.com does not control such Websites, and is not responsible for their contents. ModMyI.com's inclusion of hyperlinks to such Websites does not imply any endorsement of the material on such Websites.

    MODIFICATION OF THESE TERMS AND DISCLAIMERS

    ModMyI.com reserves the right to change the terms, conditions, and notices under which this Website is offered at any time without notice.

    TERMINATION

    ModMyI.com reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice.

    GENERAL

    This agreement is governed by the laws of the State of Colorado, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Arapahoe County, Colorado, USA in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ModMyI.com as a result of this agreement or use of this Website. ModMyI.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ModMyI.com's right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by ModMyI.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect. This agreement constitutes the entire agreement between the user and ModMyI.com with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ModMyI.com with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    Any rights not expressly granted herein are reserved.

  2. The Following 14 Users Say Thank You to Cody Overcash For This Useful Post:

    Aehmlo (07-09-2012), arsentheman (01-05-2009), Av3LaR (05-17-2009), Bigfoot (12-02-2010), funpak7 (06-13-2008), gruntparty (12-11-2008), ikesmasher (07-31-2010), julio959603 (05-31-2009), kelvin is da best true (03-25-2009), lollipopz2 (04-13-2009), moviefan (06-23-2009), nikolay d (11-21-2007), remos99 (12-15-2008), tomclaire39 (02-21-2009)

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