Effective January 1, 2012
Welcome to the “Best Cellular” Website, a service of Best Cellular, together with its subsidiaries, affiliates, agents, & licensors (collectively “Best Cellular”). The following terms apply to your use of & access to any Best Cellular owned or operated website (“Website”). Certain products or services offered through our Website may have additional terms & conditions, which govern in the event of any inconsistency with the terms below.
COVERAGE OF THIS AGREEMENT
In addition to other agreements between you & Best Cellular, these terms explain the policies that govern your access to & use of our Website. By accessing or using our Website, you agree to these terms (collectively the “Visitors Agreement”), as Best Cellular may modify it from time to time, & you agree to comply with our Acceptable Use Policy (“AUP”), which can be found on our Website. If you do not agree to accept & comply with the Visitors Agreement & AUP, then do not access or use our Website.
LINKS TO THIRD-PARTY SITES
The Website may contain links to other websites that are maintained by third parties over which Best Cellular has no control. These links are provided for convenience only. Use of these links will cause you to leave this Website & use of third-party websites is entirely at your own risk. Best Cellular makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. Best Cellular does not sponsor or endorse the operators of the sites or the content, products, or services they provide. Best Cellular is not responsible or liable for the conduct of the sites’ operators, the content, the availability, the accuracy, the quality, the advertising, the products, the services, or other materials offered at the sites. You are responsible for complying with the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.
UNSOLICITED SUBMISSION OF IDEAS
Although Best Cellular welcomes questions or feedback about your use of our Website & Best Cellular’s services & products, Best Cellular does not accept, invite, or consider under any circumstances unsolicited submissions of ideas, creative suggestions, or proposals (“Ideas”) relating to its business, including: Ideas for services, products, technologies, processes, materials, product names, advertising campaigns, promotions, or marketing plans. This policy is intended to avoid disputes in the event that Best Cellular’s products or marketing strategies seem similar to ideas submitted to Best Cellular or its employees. Therefore, unless otherwise explicitly stated by Best Cellular, all ideas & intellectual property included in any unsolicited submission of Ideas will automatically be treated as non-confidential & as the sole property of Best Cellular, without any compensation whatsoever to you. Best Cellular will have no obligations to you with respect to such Ideas & has the right to destroy submissions of Ideas upon receipt.
ILLEGAL OR HARMFUL USE
You may access & use our Website only for lawful purposes & purposes that are not intended to cause harm. You are responsible for any transmission you send, receive, post, access, or store via our Website, including the content of any communication, as further provided in our AUP.
WEBSITE SECURITY & INTEGRITY
You may not violate the security of our Website in any way. Such violations may result in criminal or civil liability. Best Cellular may, but is not obligated to, investigate any violation of our Website. Best Cellular may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using the “Best Cellular” Website, you agree to cooperate in any such investigation. Best Cellular may, but is not obligated to, take any action it deems necessary to (1) protect its Website, its rights, or the rights of its customers or third parties; or (2) optimize or improve its Website. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Website.
INVESTIGATION & ENFORCEMENT OF THE VISITORS AGREEMENT
We have the right, but are not obligated, to strictly enforce this Visitors Agreement through self-help, active investigation, litigation, & prosecution.
Best Cellular reserves the right to act immediately & without notice to restrict, suspend, or terminate your use of the Website, if it reasonably determines that your conduct may: (1) expose Best Cellular to sanctions, prosecution, civil action or other liability; (2) cause harm to or interfere with the integrity or normal operations of the “Best Cellular” Website; (3) interfere with another Best Cellular customer’s use of the Website; (4) violate any applicable law, rule, or regulation; or (5) otherwise present an imminent risk of harm to Best Cellular or its customers.
Best Cellular has the right, but not the obligation, to monitor or restrict any uses of the Website that Best Cellular reasonably believes in its sole discretion violate this Visitors Agreement or applicable law. You are solely responsible for all content that you transmit or receive utilizing the Website, & you are responsible for abuse of your account by others.
We may also access & disclose any information (including transactional information) related to your access & use of our Website for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with the law (e.g., a lawful subpoena); (3) protecting our rights or property & those of our customers; or (4) protecting users of those services & other carriers from fraudulent, abusive, or unlawful use of or subscription to such services. INDIRECT OR ATTEMPTED BREACHES OF THIS VISITORS AGREEMENT & ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, CUSTOMER, OR USER MAY BE CONSIDERED BREACHES OF THIS VISITORS AGREEMENT BY SUCH COMPANY, CUSTOMER, OR USER.
DISCLAIMER OF WARRANTIES & LIABILITY
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A Best Cellular WEBSITE. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH A Best Cellular WEBSITE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” & “AS AVAILABLE.” BEST CELLULAR, ITS AGENTS, & ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS WEBSITE. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. Best Cellular DOES NOT GUARANTEE THAT ITS WEBSITES WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL BEST CELLULAR, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND—FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; & CLAIMS OF THIRD PARTIES—EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF BEST CELLULAR, ITS AGENTS, & ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY Best Cellular WEBSITE WILL NOT EXCEED $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Best Cellular & ITS AFFILIATES, AGENTS, & LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
This Visitors Agreement is governed by & must be construed under the laws of the Commonwealth of Virginia. The federal & state courts of Fairfax County, Virginia, have exclusive jurisdiction over & venue of any suit that relates to this Visitors Agreement.
You agree to indemnify, defend, & hold harmless Best Cellular from & against all claims, liabilities, losses, expenses, damages, & costs (including reasonable attorneys’ fees) that arise from: (1) any violation of this Visitors Agreement by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit, or make available through our Website; or (5) your use of our Website.
MODIFICATION OF THE VISITORS AGREEMENT
We reserve the right to modify this Visitors Agreement at any time, effective upon its posting, as modified, on BestCellular.com
Any failure to insist upon or enforce performance of any provision in this Visitors Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Visitors Agreement. Best Cellular may assign its rights & duties under these terms to any party at any time without notice to you. If any provision of this Visitors Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms & conditions so that it does not affect the validity & enforceability of any remaining provisions.
QUESTIONS, COMMENTS & ABUSE
We invite you to send in your questions or comments about our site or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss, to BestCellular.com/contact/ If you want to report any violations of this Visitors Agreement, other than those concerning child pornography, please email us at BestCellular.com/contact/. To make a report concerning child pornography, contact the local authorities first, and please report the problem!