Kracked Screens Website User Agreement to Terms of Service

Welcome! You may use the Web site, services, content, technologies and applications of krackedscreensparts.com, (the “Website”) only on the condition that you abide by the following terms.

BY USING THE WEBSITE AND/OR BY REGISTERING TO OPEN AN ACCOUNT WITH US OR USING GUEST CHECKOUT, YOU SIGNIFY YOUR AGREEMENT TO THE FOLLOWING TERMS (“SITE TERMS”).

1. About The Site Terms

The Website is a service made available by Kracked Screens and its affiliates (“Kracked Screens”, “we” or “us”). The Site Terms have the same effect as an agreement in writing and govern your use of the Website. If you do not agree to the Site Terms, please do not use the Website. We may modify the Site Terms at any time. If you do not agree to the changes, you may discontinue using Kracked Screens before the changes take effect. Your continued use of Kracked Screens after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log into the Website, you reaffirm your acceptance of the Site Terms. You are responsible for regularly reviewing the Site Terms, by clicking on the “Terms” link at www.krackedscreensparts.com. The Site Terms may be supplemented by additional terms and conditions applicable to privacy, specific areas of this Website, or to particular content or transactions are posted in particular areas of the site and, together with these Site Terms, govern your use of those areas, content, or transactions.

2. About the Website

The Website gives users the ability to sell, buy, and repair certain cellular phone and smartphone devices and parts thereof (collectively, the “Product”) subject to these Site Terms. You agree that all transactions will be performed electronically and that the terms of any offer to sell, buy, and repair any Product will be governed by Kracked Screens Terms of Sale Agreement and Purchase Agreement located at https://www.krackedscreensparts.com/terms-of-service. We may, in our sole discretion, change or discontinue any or all aspects of the Website at any time, without notice, and without liability to you.

3. Registration

Registration is not required to visit the Website; however, you will need to register with us and create an account or use Guess Checkout if you desire to use all of the Website’s services and features or to complete a transaction with us. If you register to open an account, you agree to provide accurate, complete registration information. You must be legally capable to enter into contracts. It is your responsibility to make any updates to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. We do not permit any other person using the registered sections under your name. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you should notify Kracked Screens immediately by emailing sales@krackedscreensparts.com.

4. Ownership

The Website contains information, content or advertisements text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (collectively, the “Content”) that are protected by copyrights, trademarks, service marks, trade dress, patents or other intellectual or proprietary rights owned by Kracked Screens or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. Further, Kracked Screens retains all rights (including intellectual property rights), title and interest in the Website, technology, and all underlying technology and data including any enhancements, software, applications and improvements related to the Website (the “Technology”)(the terms Content and Technology collectively will be referred to as the “Materials”). You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.

5. Use of Website and Materials

Kracked Screens provides the Website and the Materials for your individual, non-commercial use and solely for the purpose of carrying out individual transactions with the Website. Any other use of the Website or the Materials is strictly prohibited. You may not, either directly or indirectly:

1. Modify, republish, redistribute, delete, resell, sublicense, publicly perform, cache by proxy the Website or Materials without the express written permission of Kracked Screens or the applicable rights holder;
2. Use the Materials for telemarketing, direct marketing, and commercial mass e-mail or by agents or representatives or e-mail spammers;
3. Reverse engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan, sell, sublicense or transfer the underlying source code or structure or sequence of the Technology or delete or alter author attributes or copyright notices;
4. Use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users;
5. Reformat or frame any portion of the Website or Materials;
6. Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
7. Allow others to use the Website under or through your account login ID/email and password;
8. Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
9. Violate the Site Terms, applicable law or the rights of others; or Disrupt or interfere with the security of, or otherwise cause harm to, the Website.

Any permitted use of the Website does not extend to using the Website or Materials for any illegal purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Materials.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.

6. License

By using the Website, uploading content to or submitting any materials for use on the Website, you grant (or warrant that the owner of such rights has expressly granted Kracked Screens a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials and/or information generated through use of the Website or incorporate such materials and/or information generated through use of the Website into any form, medium, or technology now known or later developed throughout the universe. We need these rights to host and display your content.

7. Automated Activity

The Website may use robot exclusion methods, which include robots.txt files and HTML meta tags, that expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. Much of the information on the Website is updated on a real time basis and is proprietary or is licensed to Kracked Screens by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose, including but not limited to performing “offline” searches and mirroring, without our express written permission as indicated in the then current robots.txt file or HTML meta tags on the Website. Additionally, you agree that you will not bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Website.

8. Linking

You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give Kracked Screens notice of such link by sending an e-mail to sales@krackedscreens.com and (c) you discontinue providing links to this Website if requested by Kracked Screens. If you wish to provide links to a section within the Website, you should forward your request to Kracked Screens at sales@krackedscreens.com and Kracked Screens will notify you if, within its sole and unfettered discretion, permission is granted, and, if so, the terms and conditions of the permission.

9. Representations

You represent and warrant to us that (a) you are legally capable to enter into contracts, (b) you are providing us at all times true, accurate and up to date information about yourself, (c) you will comply at all times with the Site Terms and applicable law and (d) your use of the Website and any transactions that you make with us will not violate the rights of any third party.

10. Disclaimer

Kracked Screens makes every effort to ensure the information presented in, on or through its Website is accurate, however, because Kracked Screens communicates information provided and created by advertisers, software developers, publishers, marketing agents, resellers and other third parties, Kracked Screens has no control over the accuracy of such information, and makes no guarantee as to such information, and is not responsible for the information, including its accuracy, currency, content, quality, copyright compliance or legality, or any resulting loss or damage.

11. Warranty, Liability, Indemnification

Kracked Screens makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk and that Kracked Screens shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.

THE WEBSITE AND MATERIALS ARE PROVIDED BY Kracked Screens ON AN “AS IS” BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. Kracked Screens EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. WE MAKE NO REPRESENTATIONS THAT THE WEBSITE OR MATERIALS WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY GAIN FROM YOUR USE OF THE WEBSITE.

IN NO EVENT SHALL Kracked Screens, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. Kracked Screens SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.

Kracked Screens DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OF VIRUSES, “WORMS”, “TROJAN HORSES”, OR THEIR HARMFUL COMPONENTS. Kracked Screens ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY Kracked Screens SHALL BE CANCELLATION OF YOUR ACCOUNT.

12. Indemnity

You agree to indemnify, defend, and hold harmless Kracked Screens, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation or breach of any representation or obligation under these Site Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

13. Privacy

We view protection of users’ privacy as a very important community principle. When you open an account and use the Website, we collect information about you. You agree that we may collect and use your information in accordance with the Kracked Screens Privacy Policy, which you can review by going to https://www.krackedscreensparts.com/privacy. If you object to your information being transferred or used in this way please do not use our services.

14. Electronic Notices and Transactions

You agree to transact with us electronically. This means you agree to accept our terms and conditions and to transact any sale, recycling or repair of your Product with us by electronic means.

You authorize us to send you important notices about the Website and any pending transactions to an email address or text number you provide to us, if you are a registered account holder or, in the alternative, by posting a notice on the Website. It is your duty to keep your email address up to date and to maintain a valid email address to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact with us via email, you may no longer use the Website.

You authorize us to send you text alerts on pricing, important events, promotional items, and etc. You can opt-out at any time from text alerts. Just reply with STOP to any text message from us.

There is no extra subscriptions cost to receive these alerts, but standard message rates and data charges from your carrier apply to sending and/or receiving text messages. Kracked Screens is not responsible for these charges. Check with your carrier if you have questions about your plan and costs. Most phone plans have a cost associated with receiving text messages, either as part of a bundled plan or at pennies per text.

You can retrieve and review these Site Terms at any time by visiting https://www.krackedscreensparts.com/terms-of-service.

15. Access

You are responsible for obtaining at your own expense all equipment and services needed to access and use the Website, including all devices, Internet browsers and Internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.

16. Notice Regarding Technology

Our Technology, including any software or applications we provide to you, is a “commercial item,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the software with only those rights set forth herein.

Your use of the Website must comply with all applicable laws in the territory in which you access and use the Website, including without limitation, all import and export control laws and regulations of the United States and other countries. You must not transfer, by electronic transmission or otherwise, any content, data, or software subject to restrictions under such laws to a national destination, person, or entity or for an end-use prohibited under those laws without first obtaining and complying with government authorization. You must not upload any data or software to the Website that cannot be exported without prior written government authorization and notification, including, but not limited to, certain types of encryption software.

17. DIY Repair Kits

Kracked Screens repair kits carry a Defect Free Warranty only on the screen assembly or part(s) purchased from krackedscreensparts.com until any protective films, stickers, and/or labels are removed. You agree to accept all risk and liability when performing the repair and assume all responsibility in the event that your repair is unsuccessful. If the repair is unsuccessful not owning to manufacturer defect, Kracked Screens will offer mail-in repair service at a discounted rate. To process a discounted mail-in repair service, a return merchandise authorization claim must be initiated by the original purchaser of the product from krackedscreensparts.com to verify your original purchase(s). All DIY repair kits sold on krackedscreensparts.com are non-refundable, unless the product is unopened, unused, and all parts and proprietary materials are original Kracked Screens products in perfect condition. In the event that a customer initiates a return for a qualified DIY repair kit, Kracked Screens will refund the customer the current sale price or the original purchase price, whichever is lower, minus a 25% restocking fee only after the kit and components are received, inspected, and verified authentic by Kracked Screens. This refund policy applies to purchases made directly from krackedscreensparts.com. If a Kracked Screens repair kit was purchased from a third-party reseller (not from krackedscreensparts.com website or authorized Kracked Screens location), please contact your vendor for return information.

18. Miscellaneous

Kracked Screens reserves the right to investigate complaints or reported violations of the Site Terms and to take any action Kracked Screens deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e- mail addresses, usage history, posted materials, IP addresses and traffic information. Kracked Screens reserves the right to seek all remedies available at law and in equity for violations of these Site Terms, including but not limited to the right to block access from a particular Internet address to any Kracked Screens website. These incorporate by reference any notices contained on the Website and constitutes the entire agreement with respect to access to and use of the Website. If any provision of these Site Terms is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. THESE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN ALAMEDA COUNTY, CALIFORNIA, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS. The obligations in Sections 5 through 8, 11 through 16, 18 and 19 shall survive termination of these Site Terms.

Last Updated: January 2022