By using the services of Mobiciti, (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.
All services provided by Provider may only be used for lawful purposes. The laws of the State of Michigan, 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) Internal Credit
All Customer internal credit is valid for a period of one year.
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 Mobiciti, 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 Authorize.net.
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.
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.
10) 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.
11) Changes to the Terms of Service
Provider reserves the right to revise its policies at any time without notice.
12) 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 Michigan, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Michigan or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Michigan. By doing business with Mobiciti, 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 Kent County, State of Michigan.
13) 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.
14) Product Quality Grades
Mobiciti 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 “PrimeParts” or “MdSelect”) may not always be “new” or unused parts. Mobiciti 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.
15) 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. Mobiciti is not responsible for any damage done by a Lithium Ion battery.
16) Motorola OEM
MD and Motorola are parties to a Distributor Agreement whereby Motorola provides certain warranty disclaimers, limits its liabilities, requires that MD indemnify Motorola against certain claims or actions, defines certain information as confidential, governs MD’s use of Motorola’s trademarks and tradenames, and specifies that MD will comply with certain laws. If you purchase Motorola products or parts from MD you agree to the following terms and conditions:
- Comply with the provisions described above in the Distributor Agreement that apply to you as a customer.
- Parts purchased will only be used to perform out of warranty repair services on products and for no other purpose.
- You will not sell parts to customers or any third parties other than as part of the out of warranty repair services you provide.
- Any use of parts in a product will void Motorola’s limited warranty for products.
- You will perform repair services on products using the parts in a good and workmanlike manner, by qualified and properly trained personnel in accordance with applicable industry standards and in conformance with any materials that may be provided by Motorola to MD.
- To promote legal compliance, meet customer expectations, ensure product quality and promote compliance with laws protecting intellectual property rights, you are prohibited in the repair of products from using (i) parts that impermissibly alter Industry Canada (“IC”) or Federal Communications Commission-authorized characteristics and do not meet all applicable laws, statutes, rules, regulations, ordinances, orders, treaties, conventions and standards and other guidelines regulating safety, material content and performance, and (ii) parts that violate any third-party patents, copyrights or trademarks or infringe any Motorola patent, trademark, trade-dress, copyright, design or other rights (including misleading buyers into believing that such parts are Motorola original parts).
- Purchasing Motorola parts from MD will not be deemed to grant to you or any of your customers either directly or by implication, estoppel or otherwise, any license or right under any patents, copyrights, trademarks, service marks, trade names, trade secrets or other intellectual property of Motorola or any third party.
- By purchasing Motorola parts from MD, you agree not to use the parts for repairs outside the US or Canada. You also accept responsibility for compliance with any import or export rules that apply to your purchase of Motorola parts from MD.
- If MD decides, in its sole discretion, to provide you with certain training materials and technical documentation related to Motorola products, for use by you in the provision of out-of-warranty repair services, MD hereby grants you a limited authorization, which MD may revoke at any time in its sole discretion, to use the materials solely in connection with your purchase and use of Motorola parts pursuant to the these Terms and Conditions.
17) Your Acceptance of These Terms
How to Contact Us
Should you have other questions or concerns about these privacy policies, please call us at (714) 414-2925 or send us an email at [email protected]