Last updated: August 26, 2015
Welcome to PhoneHubUS.com. Fix in the USA Inc and/or its affiliates (“PhoneHubUS”) provide website features and other products and services to you when you visit or shop at PhoneHubUS.com, use PhoneHubUS products or services, use PhoneHubUS applications for mobile, or use software provided by PhoneHubUS in connection with any of the foregoing (collectively, “PhoneHubUS Services”). PhoneHubUS provides the PhoneHubUS Services subject to the following conditions.
By using PhoneHubUS Services, you agree to these conditions. Please read them carefully.
We offer a wide range of PhoneHubUS Services, and sometimes additional terms may apply. When you use an PhoneHubUS Service you also will be subject to the guidelines, terms and agreements applicable to that PhoneHubUS Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of PhoneHubUS Services, to understand our practices.
When you use any PhoneHubUS Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through the other PhoneHubUS Services, such as our Message Center. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any PhoneHubUS Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of PhoneHubUS or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any PhoneHubUS Service is the exclusive property of PhoneHubUS and protected by U.S. and international copyright laws.
Click here to see a non-exhaustive list of PhoneHubUS trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any PhoneHubUS Service are trademarks or trade dress of PhoneHubUS in the U.S. and other countries. PhoneHubUS’s trademarks and trade dress may not be used in connection with any product or service that is not PhoneHubUS’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PhoneHubUS. All other trademarks not owned by PhoneHubUS that appear in any PhoneHubUS Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PhoneHubUS.
One or more patents owned by PhoneHubUS apply to the PhoneHubUS Services and to the features and services accessible via the PhoneHubUS Services. Portions of the PhoneHubUS Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable PhoneHubUS patents and applicable licensed patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, PhoneHubUS or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the PhoneHubUS Services. This license does not include any resale or commercial use of any PhoneHubUS Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any PhoneHubUS Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by PhoneHubUS or its licensors, suppliers, publishers, rightsholders, or other content providers. No PhoneHubUS Service, nor any part of any PhoneHubUS Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PhoneHubUS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PhoneHubUS without express written consent. You may not use any meta tags or any other “hidden text” utilizing PhoneHubUS’s name or trademarks without the express written consent of PhoneHubUS. You may not misuse the PhoneHubUS Services. You may use the PhoneHubUS Services only as permitted by law. The licenses granted by PhoneHubUS terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any PhoneHubUS Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. PhoneHubUS does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the PhoneHubUS Services only with involvement of a parent or guardian. PhoneHubUS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PhoneHubUS reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant PhoneHubUS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PhoneHubUS and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify PhoneHubUS for all claims resulting from content you supply. PhoneHubUS has the right but not the obligation to monitor and edit or remove any activity or content. PhoneHubUS takes no responsibility and assumes no liability for any content posted by you or any third party.
PhoneHubUS respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contactus
RISK OF LOSS
All items purchased from PhoneHubUS are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
PhoneHubUS does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, PhoneHubUS does not take title to the refunded item.
PhoneHubUS attempts to be as accurate as possible. However, PhoneHubUS does not warrant that product descriptions or other content of any PhoneHubUS Service is accurate, complete, reliable, current, or error-free. If a product offered by PhoneHubUS itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any PhoneHubUS Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. With respect to items sold by PhoneHubUS, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by PhoneHubUS is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created by PhoneHubUS, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE PHONEHUBUS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PHONEHUBUS SERVICES ARE PROVIDED BY PHONEHUBUS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PHONEHUBUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PHONEHUBUS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PHONEHUBUS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PHONEHUBUS SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PHONEHUBUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PHONEHUBUS DOES NOT WARRANT THAT THE PHONEHUBUS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PHONEHUBUS SERVICES, PHONEHUBUS’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PHONEHUBUS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PHONEHUBUS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PHONEHUBUS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PHONEHUBUS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any PhoneHubUS Service, or to any products or services sold or distributed by PhoneHubUS or through PhoneHubUS.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to PhoneHubUS Headquarter 2200 NW Corporate Blvd Suite 319 Boca Raton FL 33431. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, PhoneHubUS will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any PhoneHubUS Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and PhoneHubUS.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
2200 NW Corporate Blv Suite 319
Boca Raton FL 33431
How to Serve a Subpoena
If you have a subpoena to serve on PhoneHubUS, please note that PhoneHubUS does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on PhoneHubUS.com, preferably by mailing the subpoena to PhoneHubUS:
2200 NW Corporate Blvd Suite 319
Boca Raton FL 33431
Attn: Legal Department – Subpoena
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information.
Notice 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 submit your complaint using email to firstname.lastname@example.org . We respond quickly to the concerns of rights owners about any alleged infringement.
If you prefer to submit a report in writing, please provide us with this information:
- A 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.
PhoneHubUS’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
2200 NW Corporate Blvd Suite 319
Boca Raton FL 33431
phone: (561) 807-6028
Please note that this procedure is exclusively for notifying PhoneHubUS that your copyrighted material has been infringed.