TERMS AND CONDITIONS

1. Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, thephonespa.com accessible at http://www.thephonespa.com.

These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

Minors or people below 18 years old are not allowed to use this Website.

2. Intellectual Property Rights

their than the content you own, under these Terms, thephonespa and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted a limited license only for purposes of viewing the material contained on this Website.

3. Restrictions

You are specifically restricted from all of the following:
• publishing any Website material in any other media
• selling, sublicensing and/or otherwise commercializing any Website material;
• using this Website in any way that is or may be damaging to this Website;
• using this Website in any way that impacts user access to this Website
• using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
• using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and thephonespa may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

4. Content

In these Website Standard Terms and Conditions, "Your Content" shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant thephonespa a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Our Content must be your own and must not be invading any third-party’s rights. thephonespa reserves the right to remove any of Your Content from this Website at any time without notice.

5. No warranties

This Website is provided "as is," with all faults, and thephonespa express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

6. Responsibilities & Limited Warranty:

Thephonespa may use rebuilt, reconditioned, or new parts or components when repairing Your Device. Repaired/replaced cases, pouches and holsters will be warranted for a period of ninety (90) days. All others repaired/replaced devices will be warranted for a period equal to the remainder of the applicable manufacturer’s original Limited Warranty on the original device, if any, or for ninety (90) days (or one year for all applicable “premium” and “premium plus” repairs), whichever is longer. If Your Device should malfunction, it must be returned to Thephonespa store or service center for evaluation, and all costs of shipping will be borne solely by the purchaser. Thephonespa's customer service department will diagnose the repair upon receipt. Upon examination by Thephonespa, if Your Device is found to be defective, it will be repaired or replaced at no charge. This warranty does not apply to defects resulting from any action by you, including but not limited to mishandling, physical damage, water damage, improper interfacing, operation outside of design limits, improper repair by someone other than Thephonespa, use of any other product other than Thephonespa products, or unauthorized modification. This warranty is VOID if Your Device shows evidence of having been tampered with (broken seal) or shows evidence of being damaged as a result of excessive corrosion; or current, heat, moisture or vibration; improper specification;misapplication; misuse; abuse or other operating conditions outside of Thephonespa's control. Software warranty applies to factory restores, backups, jailbreaks, unlocks, and applies to computers, laptops, cellular phones, etc. The warranty is VOID if customer performs any software modifications not limited to restore, updating software on the device, downloading unauthorized or unapproved software, viruses, malware, spyware, or attempts to modify any software that has been installed by Thephonespa. Thephonespa employees reserve the right to VOID its warranty if any improper software installations or modifications have been made after the customer has left the store location. Unless otherwise required by law, all replaced devices, parts, components, boards and equipment will become the property of Thephonespa, and you waive all rights you may have understated or other laws to the replaced device or repaired or replaced parts. Subject to paragraph 2 above regarding data, Thephonespa will be responsible to the extent provided under applicable law for the physical safe keeping of Your Device while in Thephonespa’s possession for Service. If Your Device is lost or damaged while it is in Thephonespa’s possession for Service, Thephonespa will repair Your Device or replace it with an equivalent device, which at Thephonespa’s option may be new or refurbished. If you fail to pick up your device or otherwise arrange for its return after repeated efforts to contact you, after thirty (30) days following the completion of repairs Thephonespa will treat the device as abandoned, and may dispose of the property in its sole discretion in accordance with applicable provisions of law, including sale to recoup administrative and repair costs.

7. LIMITATION OF LIABILITY/INDEMNITY:

THE LIMITED WARRANTY STATED ABOVE SETS OUT THE FULL EXTENT OF THEPHONESPA’S RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING WORK PERFORMED OR PARTSSUPPLIED BY THEPHONESPA IN CONNECTION WITH THE SERVICE ON YOUR DEVICE. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THEDURATION OF THE LIMITED WARRANTY. IN NO EVENT WILL THEPHONESPA BE LIABLE FORDAMAGES IN EXCESS OF THE TOTAL AMOUNT DUE FOR THE SERVICE, INCLUDING WITHOUT LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF USE, TIME, DATA, REPUTATION, OPPORTUNITY, GOODWILL, PROFITS, OR SAVINGS; INCONVENIENCE; INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. THEPHONESPA IS NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE TO THE EXTENT CAUSE BY CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL.

8. Severability

f any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms

thephonespa is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

10. Assignment

thephonespa is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms

11. Entire Agreement

These Terms constitute the entire agreement between thephonespa and you in relation to your use of this Website, and supersede all prior agreements and understandings.

12. Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of us, and you submit to the non-exclusive jurisdiction of the state and federal courts located in us for the resolution of any disputes.