terms and conditions
Your use of the mobilefly web site (the “Site”) is governed by the policies, terms, and conditions set forth below. Please read the following information carefully. By using this Site or submitting an order for products or services, you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below. If you do not agree to these terms and conditions, please do not use this Site and please do not submit any orders for products or services.

These terms and conditions may be changed by mobilefly in the future. It is your responsibility as a user to periodically return to this page to review the terms and conditions for amendments. The amended terms shall take effect automatically the day they are posted on the site. Your continued use of the mobilefly web site following any amendments will constitute agreement to such amendments. These Terms of Service were last revised on June 10, 2002.

copyright
© 1999 - 2003 mobilefly. All rights reserved.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, and the compilation of this content are the property of mobilefly or its content suppliers and protected by international copyright laws. All software used on this site is the property of mobilefly or its software suppliers and protected by 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.

mobilefly and the mobilefly Logo are service marks of mobilefly. mobilefly's service marks may not be used in connection with any product or service that is not provided by mobilefly, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits mobilefly.

All other trademarks and registered trademarks displayed on the site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between mobilefly and these companies.

making purchases
If you wish to license or make purchases of products or services described on the Site, you will be asked to supply certain information, including but not limited to payment information. You agree that all information that you provide to mobilefly will be accurate, complete and current. You agree to pay all charges incurred by authorized users of your account or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, and shipping and handling charges relating to your purchases.

pricing and typographical errors
Due to the fast pace of the computer and consumer products industries, all prices are subject to change without notice. We make every effort to provide you the most accurate, up-to-the-minute information. Despite our best efforts, a small number of the items on our web site may be mis-priced.

In the event a product is listed at an incorrect price due to typographical, photographic, or technical error or error in pricing information received from our suppliers, mobilefly shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.

order acceptance
The advertisement of any product on this site does not constitute an offer to sell. Your order or your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. mobilefly reserves the right at any time after receipt of your order to accept or decline your order. mobilefly reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item in accordance with our order limitation policy.

All orders placed must obtain pre-approval with an acceptable method of payment, as established by our accounts department. We may require additional verifications or information before accepting any order.

order limitation
Given the popularity of some products, mobilefly may at times have to restrict the number of such items that you may purchase. Should there be limited stocks left, it is mobilefly’s policy to limit purchase quantities to 5 (of an item) per household or business within a four week period. If you have ordered more than this quantity, we will let you know if we can accommodate your request.

disclaimer
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, MANUFACTURER OR SUPPLIER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY MOBILEFLY. MOBILEFLY DOES NOT WARRANT THAT YOUR ACCESS TO THE SITE AND/OR RELATED SERVICES 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. MOBILEFLY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCT PURCHASED IN TERMS OF ITS COMPATIBILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.

YOU AGREE THAT, EXCEPT AS PROVIDED UNDER THE MOBILEFLY RETURN POLICY, MOBILEFLY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SPONSORS, CONSULTANTS OR OTHER REPRESENTATIVES (“SERVICE PROVIDERS”) SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL. WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, OR ANY PRODUCTS OR SERVICES OFFERED, SOLD OR DISPLAYED ON MOBILEFLY SITE.

IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, THE MAXIMUM LIABILITY OF MOBILEFLY AND ITS SERVICE PROVIDERS TO YOU SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE PRODUCTS OR SERVICES YOU HAVE ORDERED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.

A possibility exists that the Site could include inaccuracies or errors such as stock availability. Additionally, a possibility exists that unauthorized additions, deletions and alterations could be made by third parties to the Site. Although mobilefly attempts to ensure the integrity of the Site, it makes no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that such an inaccuracy arises, please inform mobilefly so that it can be corrected.

Price and availability of products and services offered on the Site are subject to change without prior notice. To the extent we provide information on availability of products or services, you should not rely on such information. mobilefly will not be liable for any lack of availability of products and services you may order through the Site.

If you have any comments or questions about mobilefly's terms of use, please e-mail us at info@mobilefly.com.