PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND/OR PURCHASING FROM BLACKCELL.

The terms and conditions herein apply to all orders made via phone, email, trade show, fax, online, in person, etc., no matter if purchased for personal use or resale. Our terms and conditions presented here will automatically supersede without notice any terms on a Purchase Order we receive. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these Terms and Conditions, please do not use this site or make a purchase.

BEFORE PURCHASE YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

I have read the cautions/warnings/prohibitions on product specification sheets; cautions/warnings/prohibitions on the product page(s) of the website (termed “site” here on). If specification sheet(s) is/are not available on the website, a request for requested specification sheet(s) need to be made by electronic mail. I clearly understand the risks and potential dangers of using lithium-ion batteries.

I understand lithium-ion batteries should not be kept or stored loose in a pocket/purse or come in contact with conductive objects. I understand BlackCell lithium-ion batteries are designed to give and receive power in a controlled environment and used in an application or device equipped with CE/RoHs approved and/or UL certified BMS (battery management system). Furthermore, a digital/analog or mechanical utility/system feature or function that intervenes in the event of: (1) a battery being short-circuited; (2) installed improperly; (3) power input/output exceeds charge/discharge limitation(s) of any particular battery; is required to prevent battery failure that could cause personal injury. I understand the proper charging of, use of, handling of, and discharging characteristics of lithium-ion batteries.

When purchasing products for resale purposes, I agree to forward all warnings to all customers for their reference and safety. I will NOT sell the products made available by or from BlackCell for use outside of intended purposes.

I understand BlackCell does not provide any guarantee of suitability or fitness for any particular purpose and BlackCell does not provide a warranty unless indicated on the product page(s); product packaging; or contents which are paired with the product(s).

Furthermore, I shall INDEMNIFY and hold BlackCell, BlackCell subsidiaries, BlackCell parent companies, directors, officers, partners, contractors, employees, and agents HARMLESS from and against all claims, demands, damages, liabilities, losses and expenses, including reasonable attorney representation fees, arising from the use of products made available by or from BlackCell in a manner that violates these Terms and Conditions.

BlackCell will not be held liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other forms of action) and irrespective of whether BlackCell has been advised of the possibility of such damage. Unless prohibited by law, in no event will BlackCell be held liable for any amount exceeding the price paid for the specific product(s) or service made available by or from BlackCell giving rise to the claim or cause of action.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to BlackCell on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain the property of BlackCell, Inc. Such disclosure, submission or offer of any Comments shall constitute an assignment to BlackCell of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, BlackCell will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. BlackCell is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to share compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. BlackCell reserves the right to remove any user Comments from this Site, for any reason and at any time, at its sole discretion. This right imposes no affirmative obligation on BlackCell to remove any comment, and you shall retain sole responsibility for the content of any Comments submitted by you to this Site whether or not BlackCell chooses to exercise this right. You agree that BlackCell may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.

BLACKCELL’S COMMUNICATIONS TO YOU

E-Mail Through your use of this Site, you may be asked to provide BlackCell with your E-Mail address. If you choose to provide your E-Mail address, you expressly agree that BlackCell may send email promotions, sales, or any other communications BlackCell deems appropriate. You can opt-out at any time by:

• Follow the link at the bottom of our e-mail communications
• Send e-mail to: service@Blackcell.com and request to be removed from our list, or
• Calling us at: +86 0755 28767566

PRICING AND PRODUCT INFORMATION

BlackCell products are available online and at Partner Stores & Sites. Pricing may fluctuate from one location to another and between sites. All product descriptions and TERMS & CONDITIONS offerings are subject to change by BlackCell at any time without notice. BlackCell strives to provide correct pricing information. However, in the event that pricing errors occur on www.Blackcell.com; by direct communication on phone; in person; and/or by email; BlackCell reserves the right to cancel any orders containing pricing inaccuracies, regardless of receipt of any order or shipping confirmation.

QUANTITY LIMITATION

BlackCell offers merchandise to consumers through this Site, its Stores, and its catalogue. BlackCell may from time to time, at its sole discretion, reject or limit quantities on orders placed by the same individual or account, orders placed by the same credit card, and/or orders placed using the same shipping or billing address. In addition, BlackCell reserves the right, in its sole discretion, to reject any sale or order or limit the quantity of any purchase, to a reseller.

SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site or in the BlackCell Catalog (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by BlackCell, Inc. collectively, and its subsidiaries and/or affiliates. Unauthorized use of our protected properties is prohibited. You may not modify in any way any part of the Site or the information and data listed. No portion of these materials may be reprinted, copied or republished in any form without the prior written permission of BlackCell. You may, however, download and copy items such as store locations or product descriptions displayed for personal, non-commercial use only.

No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

TRADEMARK CREDITS

BLACKCELL, BlackCell.com, BlackCell designs, and all other trademarks and logos used in this Site are trademarks of BlackCell, Inc. All other trademarks, product names and company names or logos cited in the Site are the property of the applicable Merchant or other third party owners. The celebrities named or featured on Blackcell.com have not endorsed, recommended or approved the item(s) offered on site.

LINKS TO OTHER SITES

When you click on a product title or on an icon, coloured text or logo for a particular store or merchant (a “Merchant”) which appears on a page of the Site, you are connected to that individual Merchant’s Web site (the “Merchant Site”) or an online ad for the Merchant (a “Merchant Ad”) if applicable. Each Merchant owns and operates its own Merchant Site. The accuracy of the information and content of each Merchant Ad, and on the Merchant Site, is the sole responsibility of the Merchant. Links to Merchant Sites and Merchant Ads do not constitute an endorsement by BlackCell of the Merchant Sites or Merchant Ads or the products or services listed. BlackCell is providing these links to you only as a convenience and is not responsible for the content of the Merchant Sites or Merchant Ads.

DISCLAIMER

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF TERMS & CONDITIONS MERCHANTABILITY FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT BLACKCELL SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless BlackCell, and its respective employees, directors, officers, and agents from and against any and all claims, damages, costs, liabilities, fines, penalties, and expenses, including reasonable attorneys’ fees, arising from or related to your breach of these terms of use, your use of this Site, or any purchases in BlackCell Stores or through the BlackCell Catalog.

LIMITATION OF LIABILITY

BLACKCELL SHALL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE, OR TO MAKE ANY PURCHASES IN BLACKCELL STORES OR IN THE BLACKCELL CATALOG. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT BLACKCELL HAS NOT MADE AND IS NOT IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT, OR IN LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BLACKCELL DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO BLACKCELL.COM OR ANY BLACKCELL STORE OR BLACKCELL CATALOG, AND BLACKCELL SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO.

CLASS ACTION WAIVER

YOU EXPRESSLY AGREE THAT IN ANY CLAIM OR DISPUTE YOU MAY BRING AGAINST BLACKCELL ARISING FROM THE USE OF THIS SITE, BLACKCELL STORES, OR THE BLACKCELL CATALOG, THAT YOU SHALL NOT JOIN YOUR SUIT WITH ANY OTHER USER OF THIS SITE OR CUSTOMER OF BLACKCELL. YOU SHALL HAVE NO RIGHT TO HAVE ANY CLAIM OR DISPUTE LITIGATED ON A CLASS ACTION BASIS AND YOU SHALL ONLY BRING SUCH CLAIM OR DISPUTE IN YOUR INDIVIDUAL CAPACITY.

JURISDICTION

This Site is displayed solely for the purpose of promoting BlackCell’s products and services available in the United States. This Site is controlled and operated by BlackCell through its offices in Los Angeles County, California. This Site, its terms, advertisements and offerings including all purchases made through this Site or in any BlackCell Store or BlackCell Catalog, shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. All claims and disputes shall be submitted to binding arbitration in the State of California, and shall be conducted in accordance with the rules of the American Arbitration Association in effect at the time the claim or dispute is submitted.