Effective 5/22/2019
By using the services of Cell Mechanic Inc, (hereafter referred to as “Provider”) you (hereafter referred to as “You” or “Customer”) agree to be bound by these Terms and Conditions.
1. Returns and Refunds Policy
You agree to the terms of our Returns and Refunds Policy found here. Except as otherwise expressly stated herein, there are no other returns, refunds, or warranties of any kind.
2. Account Setup / Email on file
We will setup your account only after receipt of all required account information, payment receipt verification and the conclusion of all order & fraud screening processes. Providing false contact information of any kind may result in the termination of your account without notice.
3. Content
All services provided by Provider may only be used for lawful purposes. The laws of the State of New York, and the United States of America apply. The Customer agrees to indemnify and hold harmless Provider from any claims resulting from the Customer’s use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. Provider services, including all related equipment, networks and network devices are provided only for authorized customer use. Provider systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Provider system(s) constitutes consent to monitoring for these purposes. We reserve the right to refuse service to anyone. Any material that, in our sole and absolute judgment, is inappropriate, obscene, threatening, illegal, abrasive, otherwise questionable, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice, at Provider’s sole and absolute discretion. However, Provider is not required to monitor this information and further disclaims any responsibility for your content. You agree that you are solely responsible for any and all legal and contractual compliance of your content.
4. Payment Information
Customer agrees to supply appropriate payment for the products received from Provider in accordance with the invoice and in advance of the time period during which such products are provided or during which the credit terms stipulate. The receipt of any products or goods from Provider constitutes the acceptance of the invoice and the Customer is bound to and agrees to the full extent of the invoice.
5. Cancellations and Refunds
Provider reserves the right to cancel the account at any time with or without notice. Customer’s Violations of any of the Terms of Service will waive the refund policy.
6. Indemnification
Customer agrees that it shall defend, indemnify, save and hold Provider harmless from any and all demands, liabilities, losses, costs and claims, including court costs and actual attorney’s fees asserted against Provider, its agents, its customers, officers, affiliates, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Provider against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Provider; (2) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to Customers from Provider’s server. By purchasing goods from Cell Mechanic Inc, you agree to pay any attorney fees or expenses related to the collection of debt on your account or any of your subsidiaries accounts if you fail to pay for the goods purchased and delivered to you. Provider does not store any customer credit card information on our server. Customer information is securely stored by Shopify.
7. Arbitration
By using any Provider services, you agree to submit to binding arbitration, at Provider’s sole discretion. If any disputes or claims arise against Provider or its subsidiaries, such disputes will be handled by an arbitrator of Provider’s choice. An arbitrator from the American Arbitration Association will be selected. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration. No action, regardless of its form and arising out of Provider’s services may be brought by Customer against Provider more than one (1) year after the cause of action has occurred.
8. Disclaimer
PROVIDER IS NOT RESPONSIBLE FOR ANY DAMAGES YOU OR YOUR BUSINESS MAY SUFFER, INCLUDING ANY LOSS OF DATA RESULTING FROM DELAYS, NO DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY PROVIDER OR ITS EMPLOYEES. PROVIDER DISCLAIMS ANY AND ALL WARRANTIES FOR SERVICES PROVIDED INCLUDING ANY WARRANTY THAT SERVICE WILL WORK AS REPRESENTED OR FOR ITS INTENDED PURPOSE, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF MERCHANTABILITY. THE SERVICES ARE PROVIDED “AS IS”. YOU AGREE THAT PROVIDER SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, OR INTERRUPTION OF BUSINESS RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATING TO THE SERVICES, ARISING OUT OF PROVIDER’S BREACH OF THIS AGREEMENT. IN NO EVENT SHALL PROVIDER’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR UNDER THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION, EXCEED THE TOTAL AMOUNT YOU PAID PROVIDER.
9. Disclosure to law enforcement
Provider may disclose any subscriber information to law enforcement agencies without prior consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
10. Changes to the Terms of Service
Provider reserves the right to revise its policies at any time without notice.
11. Disputes / Governance
All issues concerning the construction, validity, enforcement and interpretation of the Terms and Conditions outlined above shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York. By doing business with Cell Mechanic Inc, Customer agrees to waive its right of personal jurisdiction for a venue and expressly agrees that should any dispute or claim arise concerning the Terms and Conditions or services provided the dispute thereof will be resolved exclusively in Nassau County, State of New York.
12. Manufacturer Part Incompatibility
Provider expressly disclaims any liability due to manufacturer part incompatibility. Provider is not responsible for manufacturer software locks that may make our parts incompatible during a repair. If manufacturer releases a software update, that when applied, causes a part purchased from Provider to be rendered incompatible or obsolete, provider shall not be held responsible.
13. Product Quality Grades
Cell Mechanic Inc’s products can be sold in a variety of quality grades, including “OEM”, “Original”, “Generic”, “Aftermarket”, “New”, “Refurbished”, “Used”, “Semi-Original”, “Remanufactured” or “Dismantled”. The products purchased on this site (even if designated as “Value Line”, “Choice”, or “Premium”) may not always be “new” or unused parts. Cell Mechanic Inc does not guarantee the origination source of any item sold on its website, but does take extreme measures to ensure the products it sells are properly designated.
14. Battery Disclaimer
Provider expressly disclaims any liability due to battery part damage. Lithium Ion batteries are to be used with caution. Any piercing or damage done to a battery during a repair may cause severe damage. Cell Mechanic Inc is not responsible for any damage done by a Lithium Ion battery.
15. Your Acceptance of These Terms
By using this Site, you signify your understanding of these terms & conditions. If you do not agree or understand our trademark disclaimer, our privacy policy, or our terms & conditions, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
How to Contact Us
Should you have other questions or concerns about these policies, please call us at (516) 626-2099 or send us an email at support@cellmechanicny.com