Last Modified: June 28, 2023
Introduction
These Terms of Use (“Terms”) are a legal agreement entered into by and between you and My Custom Phone (“Company,” “we,” “our,” or “us”) and govern your access to and use of https://mycustomphone.com (the “Site”) and any content, documentation, software, text, images, video, audio, and services offered on or made available through the Site (collectively, the “Services”), whether as a visitor or registered user. Your access to and use of the Services is conditioned on your acceptance of these Terms and any additional terms that may be provided or presented to you when you use certain features of the Services.
Please read these Terms carefully. By registering for an account, making a purchase through the Services, or otherwise accessing or using the Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not access or use the Services, create an account, make a purchase through the Services, or otherwise indicate that you agree to these Terms.
These Terms contain a mandatory Arbitration provision below that requires the use of arbitration on an individual basis to resolve disputes or claims related to these Terms or your use of the Services, rather than jury trial or class actions. Please see the mandatory arbitration section below.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to dispute resolution provisions set forth below will not apply to any disputes for which the parties have actual notice prior to the date the change is posted within our Services.
Changes to the Services
We may update the content on the Services from time to time, but related content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
Age Requirements
By using our Services, you represent and warrant that you are: (a) over 18 years of age or the age of majority in your jurisdiction, whichever is greater; (b) of legal age to form a binding contract; and (c) not a person barred from using the Services under the laws of your country of residence or any other applicable jurisdiction.
Privacy Notice
In addition to these Terms, the My Custom Phone Privacy Notice governs all information you provide to us via the Services, and you acknowledge the privacy practices we cover on our Privacy Notice.
Accessing the Services
You may browse the Services without registering, but some features or functionality may not be accessible unless you register. In registering for the Services, you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by the Services’ registration form; and (ii) maintain and promptly update the information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we reasonably suspect that you have done so, we may suspend or terminate your account.
You are fully responsible for all activities that occur under your account. You may not share your account or password with anyone. You agree to notify us immediately of any unauthorized use of your account or password or any other similar breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Deleting Your Account
You may terminate your account and stop using the Services at any time by email us [email protected].
Account Suspension
We reserve the right to suspend or delete your account at any time, without notice, and at our sole discretion. The suspension or deletion of your account does not entitle you to any claims for compensation, damages, or reimbursement. The suspension or deletion of your account does not exempt you from paying any applicable fees or prices.
Reliance on Information Posted
The information presented on our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other visitor to our Services, or by anyone who may be informed of any of its contents.
Use of Coupons
Unless otherwise stated, these rules apply to the use of coupons:
- Each coupon is only valid when used in the manner and within the time frame specified on the website and/or the coupon;
- A coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
- Unless otherwise stated, single-use coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
- A coupon cannot be applied cumulatively;
- The coupon must be redeemed exclusively within the time specified in the offer. After this period, the coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
- You are not entitled to any credit/refund/compensation if there is a difference between the value of the coupon and the redeemed value;
- The coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the coupon.
Method of Payment
All payments are independently processed through a third-party service, so My Custom Phone does not collect any payment information, such as credit card details. If payments through the available methods on the Services fail or are refused by the payment service provider, My Custom Phone is under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment will be borne by you.
Additional Materials & Terms of Service
The Services may provide links to other websites or resources. My Custom Phone does not endorse and is not responsible for any third-party content, advertising, products, services, or other materials on or available through such sites or resources. These sites are subject to different terms and conditions of use, which you are responsible for reviewing. Your dealings with advertisers and other third parties who market, sell, buy, or offer to sell or buy any goods or services on the Services are solely between you and the advertiser or other third party. You agree that My Custom Phone is not liable for any damage or loss of any kind incurred as a result of any such dealings.
We utilize certain third-party services to operate our Services and provide you with certain functions such as order tracking, subscription management, and SMS notifications. Your use of our Services and additional functions are also governed by the provider’s terms of use.
SMS Notifications
You may provide your phone number to receive SMS notifications with updates on your order and to receive marketing messages from My Custom Phone. You can unsubscribe at any time by replying STOP to the number from which you receive updates. Message and data rates may apply. My Custom Phone is not liable for delayed or undelivered messages.
Content
All information, data, text, software, music, sounds, images, graphics, videos, messages, scripts, tags, and other materials accessible through the Services, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not My Custom Phone, are entirely responsible for all Content that you upload, post, transmit, or otherwise make available through the Services (“Your Content”), and other users of the Services, and not My Custom Phone, are similarly responsible for all Content they upload, post, transmit, or otherwise make available through the Services (“User Content”).
My Custom Phone has no obligation to pre-screen Content (which includes without limitation Your Content and User Content), although we reserve the right in our sole discretion to pre-screen, refuse, or remove any Content. Without limiting the generality of the foregoing sentence, we have the right to remove any Content that violates these Terms. We do not warrant the accuracy, completeness, or usefulness of Content. Any reliance you place on such information is strictly at your own risk.
To the extent that you submit any Content, you represent and warrant that: (i) you have all necessary right and authority to grant the rights set forth in these Terms with respect to Your Content; and (ii) Your Content does not violate or misappropriate any intellectual property or other right of any other party.
Feedback
If you elect to provide or make available to My Custom Phone any suggestions, comments, ideas, improvements, or other feedback relating to the Services (“Feedback”), you grant us the right to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer, or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.
Prohibited Uses
In connection with your access to and use of the Services, you will not:
- upload, post, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships; (iii) infringes any intellectual property or other right of any party; (iv) contains software viruses or any harmful code, files, or programs; or (vi) consists of information that you know or have reason to know is false or inaccurate.
- impersonate any person or entity, including without limitation My Custom Phone personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- act in a manner that negatively affects the ability of other users to access or use the Services;
- take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure;
- sell, rent, share, transfer, trade, loan, or sublicense any portion of the Services, including without limitation your user account and password;
- violate any applicable federal, international, state, or local law or regulation.
- except as expressly permitted by applicable law, reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Services;
- frame or utilize any framing technique to enclose any Content;
- remove or obscure any proprietary notice that appears within the Services; or
- access the Services for the purpose of developing, marketing, selling, or distributing any product or service that competes with or includes features substantially similar to the Services or any products or services offered by My Custom Phone.
Intellectual Property Rights
Unless subject to a separate written agreement with us, My Custom Phone does not claim ownership of Your Content. However, you grant us and our service providers a worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made your Content (in any form and any medium, whether now known or later developed) in connection with the Services.
Except with respect to Your Content, My Custom Phone and our licensors own all right, title, and interest in the Services and all Content and other materials within the Service. The My Custom Phone logos and trademarks referenced in the Services are the trademarks of My Custom Phone and our affiliates. Any other company names, product names, service names, and logos referenced in the Services may be the trademarks of their respective owners. My Custom Phone reserves all rights not expressly granted to you.
To the extent the Services provide access to any online software or other similar components, then My Custom Phone grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the software or components only in connection with the Services.
Disclaimer Of Warranties
You understand that we cannot and do not guarantee or warrant that Content available for downloading from the Services will be accurate, harmless, or error-free. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and accuracy of data input and output.
To the fullest extent permitted by applicable law, your use of the Services and Content is at your own risk, the Services and Content are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, and My Custom Phone expressly disclaims any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Indemnification
You agree to defend, indemnify, and hold harmless My Custom Phone, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (“My Custom Phone Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services other than as expressly authorized in these Terms, except to the extent caused by the My Custom Phone Parties’ gross negligence, fraud, or intentional misconduct.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, My Custom Phone PARTIES WILL NOT BE LIABLE FOR ANY LOST PROFITS OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF My Custom Phone PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL My Custom Phone PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES EXCEED THE GREATER OF $25 OR THE AMOUNT PAID BY YOU TO My Custom Phone FOR ACCESS TO THE SERVICES (OR PORTION THEREOF) AT ISSUE WITHIN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY RESULTING FROM My Custom Phone PARTIES’ GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT.
Governing Law, Mandatory Arbitration, And Class Action Waiver
All matters relating to or arising from the Services and these Terms will be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except that My Custom Phone will pay all arbitration administrative or filing fees for non-frivolous claims less than $50,000, including the arbitrator fees (other than arbitrator fees up to the amount of the then-applicable fee for filing a civil action in federal court in the judicial district where you live in any dispute where you assert a claim against My Custom Phone, unless you demonstrate to the arbitrator that you would be entitled to file that civil action in federal court without payment of the then-applicable fee). The arbitration WILL be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the largest city in your state within 100 miles of where you live. The decision of the arbitrator WILL be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM WILL BE BROUGHT ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN MIAMI-DADE COUNTY, FLORIDA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
Notwithstanding anything to the contrary, My Custom Phone may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.
Copyright
If you believe that your work or content has been made available through the Services in a way that constitutes copyright infringement, please provide My Custom Phone’s Agent for Notice of Copyright the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple works are on a single site, a representative list of such works; (iii) identification of the infringing material or activity (or the reference or link to such material) and information reasonably sufficient to permit us to locate the material (or the reference or link); (iv) contact information for the copyright owner or authorized agent; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
My Custom Phone’s Agent for Notice of Copyright Claims can be reached at:
My Custom Phone
1207 W 44th PL
Hialeah, FL 33012
Miscellaneous
These Terms constitutes the entire agreement between you and My Custom Phone concerning your access to and use of the Services. It supersedes all prior or contemporaneous oral or written negotiations and agreements between you and My Custom Phone with respect to its subject matter. You may not assign, transfer, or delegate any right or obligation under these Terms without our prior written consent. Any attempted assignment, transfer, or delegation by you in violation of this Section is null and void in each instance. We may assign or transfer these Terms to any affiliate or in connection with a merger, acquisition, or sale of substantially all of our assets without your consent. The failure of My Custom Phone to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable under applicable law, then such provision will be construed, limited, modified, or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Terms. Any prevention of or delay in performance by My Custom Phone due to labor disputes, acts of god, governmental restrictions, enemy or hostile governmental action, fire or other casualty, or other causes beyond its reasonable control will excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.
Contact Us
The Site Services are operated by My Custom Phone. If you have any questions or concerns related to these Terms or the Services, please contact us at: [email protected]