USPSNL TERMS OF USE
THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEB SITE OR USING ANY SERVICE
PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE
ACCEPTING ITS TERMS.
1. Parties. The parties to this Agreement are you, a visitor to this web
site ("You"), and this web site USPORTSSALVAGE.COM owned and operated
by Andrew Bedessee Corp. a New York corporation ("ABC"). All
references to USPORTSSALVAGE.COM, "us", "this web site" or
"this site" shall be construed to mean ABC. If the user is not an
individual, then "You" means Your Company, its officers, members,
agents, successors and assigns.
2. Agreement To Terms of Use And Amendment. In consideration of use of
our services, you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by registration forms; and (b) to
maintain and update this information to keep it true, accurate, current, and
complete. USPORTSSALVAGE.COM grants a non-exclusive, non-transferable, and
revocable license to You and provides the services available at this site to
You subject to the following terms and conditions. WE MAY AMEND THESE TERMS AND
CONDITIONS FROM TIME TO TIME WITHOUT NOTICE TO YOU. YOU CAN REVIEW THE MOST
CURRENT VERSION OF THE TERMS AND CONDITIONS AT ANY TIME AT THIS SITE. IN
ADDITION, WHEN USING PARTICULAR SERVICES IN THIS SITE, GUIDELINES OR RULES MAY
BE POSTED WHICH ARE APPLICABLE TO YOUR USE OF THOSE SERVICES. YOUR USE OF THIS
SITE AND YOUR RELATIONSHIP WITH USPORTSSALVAGE.COM ARE SUBJECT TO ALL
GUIDELINES OR RULES THAT MAY BE POSTED FROM TIME TO TIME ON THE SITE, WHICH ARE
ALL INCORPORATED BY REFERENCE INTO THIS AGREEMENT. BY USING THIS SITE, YOU ARE
AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE MOST CURRENT
VERSION OF THE TERMS OF USE AGREEMENT AND ANY GUIDELINES AND RULES POSTED ON
THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THIS
SITE.
3. Membership Eligibility and Account Responsibilities. Our Services are
only available to individuals who can form legally binding contracts under
applicable law. To be an eligible member of USPORTSSALVAGE.COM you as the user
must provide to USPORTSSALVAGE.COM with your legal first and last name, billing
address, city, state, country, postal code, and e-mail address. Should you
knowingly falsely any of the required information, your account shall be
terminated immediately with or without prior notice. You should make every
reasonable effort to safe guard your user name and password from unauthorized
use. USPORTSSALVAGE.COM is not responsible for any unauthorized use of your
account. We have the right to terminate your account at any time if we have any
reason to believe that you have misused your account.
4. Prohibited Conduct. You agree (i) not to use this site to upload or
distribute in any way files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's
computer; (ii) not to interfere or disrupt this site or any networks connected to
this site; (iii) not to use any device, software or routine or attempt to
interfere with the proper functioning of this site or any transactions being
offered at this site; (iv) not to take any action that imposes an unreasonable
or disproportionately large load on USPORTSSALVAGE.COM infrastructure; (v) not
to use this site to collect or harvest personal information, including, without
limitation, financial information, about other participants at this site; and
(vi) not to impersonate any person or entity or falsely state or otherwise
misrepresent Your affiliation with a person or entity. You agree not to use the
services, products, or downloads available at this site for illegal purposes,
and to comply with all regulations, policies and procedures of networks connected
to this site.
5. Indemnification. You are solely responsible for your content, and we
merely act as a passive conduit for your online distribution and publication of
your information. However, we may unilaterally take any action with respect to
your content if we believe it may create liability for us or may cause us to
lose (in whole or in part) the services of our ISPs or other suppliers. You
agree to release, indemnify, defend and hold harmless ABC, USPORTSSALVAGE.COM,
its subsidiaries, affiliates, officers, directors, employees, agents and
advisors, from and against any and all losses, liabilities, claims (including
claims without legal merit or brought in bad faith), demands, damages, costs or
expenses, causes of action, suits, proceedings, judgments, awards, executions
and liens, including reasonable attorneys' fees and costs (whether brought by
third parties or otherwise) (collectively, "Claims") due to or
arising out of your use of or conduct on this Web Site or the service. USPORTSSALVAGE.COM
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you hereunder,
and in such event, you shall have no further obligation to provide
indemnification for such matter.
6. Copyright. All content included on this site, such as text, graphics,
logos, button icons, images, audio clips, and software, is the property of USPORTSSALVAGE.COM
or its content suppliers and protected by U.S. and international copyright
laws. The compilation (meaning the collection, arrangement, and assembly) of
all content on this site is the exclusive property of USPORTSSALVAGE.COM and
protected by U.S. and international copyright laws. All software used on this
site is the property of USPORTSSALVAGE.COM or its software suppliers and
protected by U.S. and international copyright laws. The content and software on
this site may be used as a shopping resource. Any other use, including the
reproduction, modification, distribution, transmission, republication, display,
or performance, of the content on this site is strictly prohibited.
7. Representations and Warranties. THE PRODUCTS OBTAINED THROUGH THE USE
OF OR IN CONNECTION WITH THIS SITE MAY OR MAY NOT CARRY WARRANTIES FROM THE
MANUFACTURERS OF THOSE PRODUCTS. IF SUCH MANUFACTURER WARRANTIES EXIST, THEY
ARE THE ONLY WARRANTIES APPLICABLE TO SUCH PRODUCTS. USPORTSSALVAGE.COM DOES
NOT WARRANT THAT THE SITE CONTAINS COMPREHENSIVE INFORMATION ON ANY PRODUCT OR
ANY CATEGORIES OF PRODUCTS WHATSOEVER. THE SERVICE AND THIS SITE, INCLUDING ANY
CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED "AS IS" AND
"AS AVAILABLE" WITH NO TECHNICAL SUPPORT OR REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT. IN PARTICULAR, BUT WITHOUT
LIMITATION, USPORTSSALVAGE.COM DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE
OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. USPORTSSALVAGE.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, IN
TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU
UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS
SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED, USE THAT RESULTS IN DAMAGE TO
YOUR COMPUTER OR LOSS OF DATA.
8. Expiration. All prepaid cards shall have an expiration date linked to
the date of purchase, at which point it shall expire automatically. The
expiration date is communicated to you along with your PIN Number and Access
Number immediately following purchase. Any unused minutes or value shall be
forfeited upon expiration.
9. Limited Liability. USPORTSSALVAGE.COM AND ALL It''s AFFILIATES AND
CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE
LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF
BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT,
EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR
NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE
INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY
CLAIMS AGAINST YOU. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE
CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE
GOODS OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN
ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY
SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE TO USPORTSSALVAGE.COM,
IF ANY, FOR THE SERVICE, SOFTWARE OR CONTENT AT ISSUE.
10. Applicable Law. This site is created and controlled by ABC in the State
of New York, USA. As such, the laws of the State of New York will govern these
disclaimers, terms, and conditions, without giving effect to any principles of
conflicts of laws. We reserve the right to make changes to our site and these
disclaimers, terms, and conditions at any time.
11. Severability. If any provision of this Agreement is held to be
invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced and remain in full force and effect.
12. Strict Performance. The failure of either party to insist upon or
enforce strict performance by the other party of any provision of the Agreement
or to exercise any right under the Agreement will not be construed as a waiver
or relinquishment to any extent of such party's right to assert or rely upon
any such provision or right in that or any other instance.
USPSNL RETURN POLICIES
1. General Return Policy (Does not apply to calling card pins)
Return of product, other than for exchange or replacement that are defective,
are subject to a 15% return fee. Shipping fees and/or return shipping costs are
Non-Refundable. No returns other than defective product after 30 days of
receipt will be honored. Should a replacement for a returned item not be
available, a credit will be issued. All returned products must be issued a
Return Merchandise Authorization (RMA) number prior to return shipment. To be
accepted, all returned products must be conspicuously labeled with the assigned
RMA number and accompanied with a copy of the sales order or invoice. Customer
must pack items being returned complete. Regardless of condition, products must
be packaged appropriately so as not to incur any physical damage during return
shipping. Failure to do so may invalidate both the RMA and the warranty (if
applicable). For all returns please e-mail or Call (718-272-1300) our Customer
Support, please include order number, item number of defective product and
brief description of the defect. After reviewing the information, we will
provide RMA number. Unauthorized and/or unmarked returns will not be honored. USPSNL
will credit sender for shipping charges back to us and for new shipment of
replacement item.
2. Calling Card PINs. ALL TELECOMMUNICATIONS SERVICES USED IN CONNECTION
WITH PINS ARE PROVIDED BY THE UNDERLYING CARRIERS OF THOSE TELECOMMUNICATIONS
SERVICES. WE ARE RESELLERS OF THE PHONE CARDS WE PROVIDE ON THIS WEB SITE.
THEREFORE WE ARE NOT RESPONSIBLE OR HAVE ANY CONTROL OVER THE BILLING OF THE
CALLING CARDS. ALL CALLING CARDS PROVIDED ON THE WEB SITE ARE NON REFUNDABLE,
NON TRANSFERABLE AND NON EXCHANGEABLE. THE RISK OF LOSS OF ALL PINS PURCHASED
THROUGH THIS WEB SITE SHALL PASS TO CUSTOMER IMMEDIATELY UPON PURCHASE AND
CUSTOMER SHALL ASSUME ALL RISK OF LOSS. USPORTSSALVAGE.COM SHALL NOT BE
OBLIGATED TO PROVIDE CREDITS OR REFUNDS (IN ANY FORM OR AMOUNT) FOR LOST OR
STOLEN PINS, MISUSED PINS, UNAUTHORIZED OR FRAUDULENT USE OF PINS, OR FOR PINS
THAT HAVE UNUSED OR EXPIRED MINUTES.