Thank you for doing business with deviceupgrades.com (Powered by SF Cellular). We have been providing excellent quality devices in the cellular and mobile electronics industry for over 21 years. We specialize in distribution of reusable electronics and recycling. Starting out as a turnkey cellular supply chain management company in Troy, Michigan, focusing on the pre-paid market. We have developed into a world-wide distribution chain working directly with major US carriers. Deviceupgrades.com (Company) is excited to enter into a business relationship with you (Consumer). By completing a purchase of one of our products you agree and adhere to the terms and conditions outlined below.
Limitations on Liability. Consumer agrees that the Website services are provided “AS IS” and on an “AS AVAILABLE” basis.
THE COMPANY’S LIABILITY TO CONSUMER UNDER THIS AGREEMENT IS LIMITED TO THE WARRANTY AND SERVICE LEVEL GUARANTEE SET FORTH IN THIS AGREEMENT. THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THE SERVICE OR NETWORK TRANSPORT WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT SHALL THE COMPANY OR ANY OTHER PARTY INVOLVED IN PROVIDING SERVICES UNDER THIS AGREEMENT BE LIABLE TO CONSUMER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL PUNITIVE OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE, OR INABILITY TO USE THE SERVICES, WHETHER ARISING IN CONTRACT OR IN TORT, OR RESULTING FROM THE FAULT OR NEGLIGENCE OF THE COMPANY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY DOES NOT MONITOR OR EXERCISE CONTROL OVER THE CONTENT OR THE INFORMATION RESIDING ON ITS WEB-HOSTING SERVERS OR TRANSMITTED THROUGH ITS SYSTEM.
THE COMPANY MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH THE CONSUMER WEBSITE (except for product warranties), AND CONSUMER UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CONSUMER’S OWN RISK. THE FOREGOING DISCLAIMER SHALL APPLY UNLESS OTHERWISE PROHIBITED BY LAW.
Force Majeure. The Company will not be liable for delays, damages, or failures in performance due to events of force majeure (causes beyond our reasonable control), including but not limited to acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, an inability to obtain necessary equipment or services, the severing of off-site communication lines by a third party, or other events of force majeure.
Use of Confidential Information. Each Party (a) shall use the same care and discretion, but in no event less than reasonable care and discretion, to prevent disclosure, publication, or dissemination of the Other Party’s Confidential Information (defined below) as it employs with similar information of its own and (b) shall not use, reproduce, distribute, disclose, or otherwise disseminate the other party’s Confidential Information except in connection with the performance of its obligations under this Agreement.
Definition of Confidential Information. As used in this Agreement, “Confidential Information” means any and all data and information relating to the business of the disclosing Party (1) of which the receiving Party becomes aware as a consequence of, or through, this Agreement; (2) that has value to the disclosing Party and is not generally known by its competitors; (3) that is treated by the disclosing Party as confidential; and (4) that has been reduced to tangible form and marked clearly and conspicuously with a legend identifying its confidential or proprietary nature; provided, however, that Confidential Information does not include any data or information that is already known to the receiving Party, or that (1) has become generally known to the public through no wrongful act of the receiving Party; (2) has been rightfully received by the receiving Party from a third party without restriction on disclosure and without, to the knowledge of the receiving Party, a breach of an obligation of confidentiality running directly or indirectly to the other Party; (3) has been disclosed pursuant to a requirement of a governmental agency or of law without similar restrictions or other protection against public disclosure, or is required to be disclosed by operation of law; (4) is independently developed by the receiving Party without use, directly or indirectly, of the Confidential Information received from the other Party; or (5) is furnished to a third party by the disclosing Party without restrictions on the third party’s right to disclose the information. Confidential Information may include, but is not limited to, information relating to the products, processes, or financial affairs of the disclosing Party.
Amendment. This Agreement may be modified only by written Agreement signed by all the Parties that expressly sets forth their intent to modify this Agreement.
Applicable Law. This Agreement shall be construed and enforced according to the laws of the state of Michigan without reference to its conflict-of-law provisions.
Assignment. Except as otherwise provided in this Agreement, no Party may transfer or assign this Agreement or any rights under it without the prior written consent of the other Party.
Attorney Fees. Should any Party reasonably retain counsel for the purpose of preserving, determining, enforcing, or preventing the breach of any rights under this Agreement, including but not limited to instituting any action or proceeding to enforce any provision, for a declaration of any alleged breach of any obligations, or for any other judicial remedy; if this matter is settled by judicial determination (including arbitration), the prevailing Party (whether at trial or on appeal) shall be entitled, in addition to such other relief as may be granted, to be reimbursed by the losing Party for all costs and expenses incurred, including but not limited to all attorney fees and costs actually incurred for the services rendered to the prevailing Party. Further, the prevailing Party shall be entitled to additional awards of attorney fees for services reasonably rendered in aid of enforcing the judgment or award or in collecting any monies awarded.
Authority. Each of the Parties represents and warrants to the other that the following are true and correct as of the date of this Agreement:
Captions and Headings. The headings and captions in this Agreement are included as a matter of convenience and shall not be construed as a substantive part of this Agreement.
Computation of Time. In computing any period of time under this Agreement, the day of the act, event, or default from which the designated period of time begins to run shall be included, unless it is a Saturday, Sunday, legal holiday. In that case, the period will begin to run on the next day that is not a Saturday, Sunday, or legal holiday, and the period shall run until the end of the next day thereafter that is not a Saturday, Sunday, or legal holiday.
Construction. All pronouns and any variations of them shall be deemed to refer to the masculine, feminine, neuter, singular, or plural, as the identity of the person or persons may require in the context of the Agreement.
Counterparts and Facsimile Signatures. This document may be signed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same agreement, even though all the Parties are not signatories to the original or the same counterpart.
Dispute Resolution. Any and all disputes arising out of or related to this Agreement or its breach shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The award shall be based on applicable law and judicial precedent, and judgment on the award may be entered in any court having competent jurisdiction. By entering into this Agreement, the Parties are giving up their constitutional right to have any such dispute decided in a court of law before a jury and instead are accepting the use of arbitration. Any dispute regarding the validity of this arbitration clause shall be settled by arbitration as provided in this Agreement.
Entire Agreement. This Agreement contains the entire understanding between the Parties pertaining to the subject matter of this Agreement and supersedes and replaces all prior or existing written and oral agreements, including contemporaneous agreements, between the Parties and/or their representatives pertaining to the subject matter of this Agreement.
Further Action. The Parties shall execute and deliver all documents, provide all information, and take or forbear from all such action as may be necessary or appropriate to achieve the purposes of this Agreement.
General Understandings. Each Party represents that, in entering into this Agreement, (a) each Party has read and understands this Agreement and has relied and is relying solely on the Party’s own judgment, belief, and knowledge of the nature, extent, effect, and consequences of it, and on the advice of the Party’s own legal counsel; (b) this Agreement is being made without reliance on any statement or representation not contained or referenced in this Agreement of any other Party or any representative, agent, or attorney of any other Party; (c) no promise, inducement, or agreement not expressed in this Agreement has been made to any of the Parties; and (d) the terms and conditions contained herein are contractual and not mere recitals.
Good Faith, Cooperation, and Due Diligence. Each Party covenants, warrants, and represents to each other Party that he or she will act in good faith, act with due diligence, and provide his or her complete cooperation, and that he or she will do such other and further acts, including, without limitation, the execution of any documents or instruments that are reasonable or may be necessary, helpful, or convenient in carrying out the purposes and intent of this Agreement. These promises and covenants are mutual and dependent.
Notices. Notice under this Agreement shall be in writing and shall be effective when actually delivered. If mailed, notice shall be deemed effective 72 hours after mailing as registered or certified mail, postage prepaid, directed to the other Party at the address set forth below or such other address as the Party may indicate by written notice to the other.
Waiver. The waiver by either Party of the breach of any provision of this Agreement by the other Party shall not operate or be construed as a waiver of any subsequent breach.
IF HELD UNENFORCEABLE. If any provision of this Agreement shall be held unenforceable or void, then such provision to the extent not otherwise limited by law shall be severable from the remaining provisions and shall in no way affect the enforceability of the remaining provisions nor the validity of this Agreement.
We ship through FedEx. Standard Overnight or Ground Orders placed before 12PM EST will begin processing the same day
Deviceupgrades.com is not responsible for items that may be damaged, or lost by the shipping company, or "carrier" (FedEx, UPS, USPS). All products and packaging should be carefully inspected upon receipt and any damage should be brought to the carrier's attention. If necessary, purchaser should alert the carrier and Deviceupgrades.com that a claim needs to be filed for that shipment. Once a claim is approved and processed by the carrier, our shipping department will then ship out a replacement or issue a refund in the amount of the purchase price. Deviceupgrades.com has no control over the timeliness of the shipments and cannot be held responsible for any delays caused by the carrier. If necessary, Deviceupgrades.com will aid in the filing of an appropriate claim with the carrier in the event of loss, damage, or shipping delay.
Deviceupgrades.com reserves the right to cancel any order due to an error with a coupon code or listing typos (such as pricing or inventory availability). Deviceupgrades.com reserves the right to restrict the application of coupon codes at any time without notice. Coupon codes must be applied at the time you place an order. Coupon codes may not be applied to previously placed orders and cannot be combined with other coupons or offers. If you cancel or return items purchased using a coupon code, the value of the coupon code is deducted. By using our site or any of the products or services offered through the site or by maintaining an active subscription, you agree to these Terms & Conditions. If you do not agree to these Terms & Conditions, do not use the site or any products or services offered through deviceupgrades.com.
You can contact us at any point if you have questions relating to the above terms and conditions by the following methods below:
1374 Rankin Dr.
Troy, MI 48083