Home :: Subports, Inc. Conditions of Use
Subports, Inc., provides website features (the "Site") to you subject to certain conditions, as set forth below. Please read the following carefully because if you shop at Subports or participating Vendor/Vendorites websites you accept the conditions described. You understand that Subports reserves the right to make changes to the Site and to these Conditions of Use at any time. If any of the conditions set forth herein shall be deemed invalid or unenforceable for any reason, that condition shall be considered severable and shall not affect the validity and enforceability of any remaining condition. Please also review our Privacy Notice which also governs your visit to our Site.
SERVICES PROVIDED
Subject to your compliance with the conditions of use as set forth herein, Subports will provide certain services (the “Services”) to you after you have successfully registered. Upon acceptance of your registration for participation in the Services, Subports will send you an SMS text message containing an authorization key to validate your Subports account. Once you enter your authorization key and validate your status as an authorized user of Services you will be able to make use of wireless communication devices such as cell phones to place orders and settle transactions for the order of products made available for purchase on or through the Site. In order to use the Services you will need to maintain an active account with an electronics communications carrier through mobile devices. You may not use a prepaid cell phone contract to access the Services.
PRODUCT DESCRIPTIONS
While Subports attempts to be reliable and accurate in its product descriptions, it does not warrant that the descriptions are free from error. Products sold on this Site result primarily, though not exclusively, from arrangements with certain independent merchants. These merchants provide descriptions and pricing of their products as sold through our Site. Subports is not responsible for the examination or evaluation of any products offered by these merchants, for the content of their product descriptions or for the prices these merchants charge for such products. Where a product is offered for sale by Subports directly it is described and priced based upon descriptions and prices suggested by the manufacturer or supplier or in the case of pricing the estimated retail value as determined by Subports, in its absolute discretion. Should you believe that a product description or price is inaccurate your sole remedy is to return the product in its unused condition. You acknowledge and agree that for each order you place through Subports the full cost of the product ordered will be assessed against your credit card or charge card. In addition, you agree that an SMS or web-browser command originating from your account constitutes an authorization for Subports to charge the account to your credit card or charge card and you assume all liability for and shall promptly pay all charges, regardless of whether you actually receive the product ordered or if the order is received but later returned. You further agree to pay all charges of your electronics communications carrier in connection with your use of the Site and Services.
ELECTRONIC COMMUNICATION
When you visit our Site or send emails or use SMS to us you are communicating with us electronically. We will communicate with you via email or posting of notices on the site as well. Your email or SMS communication signifies that you consent to electronic communication between us. It is expressly understood and you agree that all communications we provide to you including but not limited to agreements, disclosures and notices comply with any legal requirement that such communications be in writing.
INTELLECTUAL PROPERTY
Subports and any participating website or vendor/vendorite and/or their content suppliers are the owners of all content included on the site. Such content and all software used in connection with the Site are the subject of protection under United States and international law, as applicable.
LIMITED LICENCE/ UNAUTHORIZED USE
Subports grants you a limited license to access and make personal use of this Site and the Services but not to download, copy or modify any portion of it without its prior written consent. Any resale or other commercial use of the Site or any of its Services, contents, any copying of pricing or account information for the benefit of another merchant, and any collection or use of product listings and descriptions is strictly prohibited. No portion of the Site or Services may be reproduced, copied, sold, resold, visited or otherwise exploited for any commercial purpose without Subports express prior written consent. You may not attempt, directly or indirectly, or authorize or assist others in attempts to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Site or Service provided in connection therewith. You agree to notify Subports immediately of any such unauthorized activities. Subports is not liable for any unauthorized use of your account or of the Services provided in connection with the Site and you agree to be fully liable for any such unauthorized use.
As a user of the Site, you are responsible to maintain the confidentiality of your account and password and to restrict access to your computer or other email access device and for all activities that occur under your account or password. Subports sells products only to adults. Persons under 18 years of age may only purchase products under the supervision and approval of a parent or guardian.
AVAILABILITY OF SERVICES
You acknowledge that the Site, the Services and everything made available through or by reason of your access to the Site are provided to you by Subports on an “AS IS” and an “AS AVAILABLE” basis without any guaranty, warranty or representation of any kind, express or implied, as to the operation of the Site, the Services or the information, content, materials, services or products included or otherwise made available to you. You further acknowledge that the delivery of SMS messages and availability of web-based browsing is not guaranteed; rather, the availability of SMS, the internet and your ability to use the Site and the Services is on an “AS IS” and “AS AVAILABLE” basis. You also acknowledge that Services and Sit access may differ depending upon the electronics communications carrier you maintain an account with. Subports is not liable for any limitations imposed by or upon such carrier. Subports shall not be liable for loss or damage, if any, resulting from any internet limitations or if for any reason your electronics communications carrier fails or refuses to deliver any communication to Subports or to any merchant providing any product in a timely fashion.
DISCLAIMER OF WARRANTY
You agree that your use of the Site and Services is at your own risk. In particular but not by way of limitation, Subports will not be liable for any error you may make in accessing the Site or in using the Services, including but not limited to submitting an erroneous order or code. Subports disclaims all warrantees, express or implied, including but not limited to warrantees of fitness for a particular purpose or merchantability, to the full extent permitted by law (Questions of limitations on express or implied warrantees may be affected by applicable state law, meaning that a claimant may have certain rights notwithstanding the aforementioned disclaimers and limitations). To the extent that Subports may not, as a matter of applicable law, disclaim any implied warranty or limit its liability, the scope and duration of such warranty and the extent of Subports liability shall be the minimum lawfully permitted. Subports makes no representation that this Site or anything made available to you through or by reason of your access to this Site are free of viruses or other harmful components. Absent written specification to the contrary, Subports will not be responsible for any damages, direct, indirect, incidental, consequential, punitive or otherwise arising from the use of this Site or from the use of anything made available to you through or by reason of your access to this Site. Regardless of any statute, rule or law to the contrary, you agree that any claim or cause of action arising or relating to your access to or use of this Site or to the products purchased as a result of or arising out of your access to or use of this Site must be filed within one (1) year after such claim or cause of action arose or forever be barred.
MODIFICATION OF SITE AND SERVICES
Subports reserves the right to change or supplement the conditions of use at any time and from time to time by posting the amendment or modification on the Site and you agree to be bound by any such revisions. If you object to any changes your recourse shall be to cease access to the Site or use of the Services. Continued access to the Site and use of the Service shall be deemed your acceptance of the changes and agreement to be bound by them.
RESERVATION OF RIGHTS
Subports reserves the right without any liability to you to refuse service, terminate accounts, remove or modify content, remove, add or modify vendors/vendites or products or cancel orders in its sole and absolute discretion. All purchases are made in accordance with a shipping agreement, the terms of which provide that once product is delivered to the carrier the ownership of the product and risk of its loss pass to you.
PRIVACY
You will be asked, as part of the registration process, to provide certain personal information. Subports reserves an unrestricted right to collect such personal information that you provide in connection with access and use of the Site and Services, provided that any such collection and use shall be in accordance with the Subports privacy policy, incorporated herein by reference. Use of the Subports Site and Services accessible thereunder constitutes acceptance of the terms and conditions of the Subports privacy policy. Should you disagree with the use of your personal information in the manner described in the privacy policy then you must discontinue use of the Site and the related Service.
MISCELLANEOUS
The laws of the State of New York will govern these Conditions of Use and any dispute in connection therewith between you and Subports without regard to conflict of laws principles. Any dispute between you and Subports relating to your visit to the Site or purchase of products sold or distributed through the Site shall be adjudicated in any federal or state court located in the southern district of New York and you consent to exclusive jurisdiction and venue in those courts and agree to service of process issued or authorized by any such court. Subports may provide you with notices, including changes to this Agreement, be email or by posting changes on this Site. Failure by Subports to enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision. Section titles in this instrument are for convenience only and have no legal or contractual effect. This instrument, as may from time to time be amended, constitutes the entire understanding between you and Subports and supersedes and entirely replaces any prior agreements between you and Subports as to the subject matter herein.
Subports address is as follows:
Subports, Inc.
99 New Dorp Plaza
Suite 2
Staten Island, NY, 10306
http://www.subports.com