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TERMS OF SERVICES

26th May 2014

Soldmydevice.com aims to provide its users a positive experience while protecting the ownership rights as well as the rights of its visitors. The Terms of Service (collectively referred to as 'Terms' hereafter) have been developed to govern your use of soldmydevice.com (referred to as 'the Site' hereafter). The Site gives you access subject to conditions discussed below. We request you to read the Terms before using the the Site because you have legal obligation to follow them.

Acceptance

By continuing to use the Site, you agree to abide by the Terms and our Privacy Policy detailed in www.soldmydevice.com/privacy-policy. We reserve the right to revise the Terms at any time without any prior notice to update you. The date of last revision and posting is notified at the top of this page. Visit this page periodically to make note of any changes that have been made to the Terms, as they are binding on you. Unless stated otherwise, the addition of functionalities that enhance the site shall be subject to these Terms. Your failure to take notice of these changes is not a liability to the Site. Your continued use of the Site post Terms revisions represents your awareness of the changes, and your acceptance of the same.

Intellectual Property

Ownership. Soldmydevice.com is owned and operated by WirelessPCS FL Limited Liability Company. All information, blogs, images, and videos (collectively referred to as the "Content" hereafter) are the sole property of the Site. The Content includes registered and unregistered trademarks, and the "look and feel" of soldmydevice.com. Photographs and trademarks of products for purchase are the property of their respective owners and are provided for reference purpose only. The Content of the Site is protected under applicable copyrights of the United States and other proprietary rights of the international copyright laws. Any reuse, reproduction, redistribution, deletion, creating derivative works and modification of the Site's Content - either in parts or whole - is strictly prohibited, except for when limited permission is obtained in writing upon prior mutual consent.
 Digital Millennium Copyright Act (DMCA). The Site respects the intellectual rights of other individuals and business entities. If you find that any work created by you has been copied by the Site in a way that your copyright is being infringed, please file a copyright infringement notice with us at info@soldmydevice.com. Any unintended copyright violation on our part would be acted upon with adequate efficiency, and such content will be removed from the Site upon successful verification of your claim. Your written copyright infringement claim should include: 

  1. A description of the identified copyrighted work that is alleged to have been infringed upon;
  2. Information reasonably sufficient for us to locate the material (including a URL and screen shot);
  3. You contact information including your address, telephone number and email address;
  4. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or by any law;
  5. A signed statement that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed;
  6. A physical or digital signature of a person authorized to act on the copyright owner's behalf.

Failure to include the any or all the information listed above may cause delay in the processing of your copyright infringement complaint. In case you doubt the occurrence of copyright infringement or about your rights in the work, please seek legal advice before filing the complaint to Soldmydevice.com.

Your Responsibilities:

By continuing to use the Site you agree and warrant that:

  • You are of legal age as per rules of your country and are capable to opinion or contract that is legally binding.
  • You own the device you offer to us or have written authorization from the owner.
  • It is your sole responsibility to backup all data that is important to you prior to shipping the device to us. We normally erase all data from the devices received but we do not guarantee that we will do so in each case, and we assume no liability for data contained on your device.
  • You will ship the device within 14 days of receiving and be responsible for any fees linked to PayPal.
  • You will ship all materials included in your description when you requested a quote.
  • You will fully comply with all import and export laws and regulations when shipping your device.
  • You will present complete and accurate details to the Site when registering an account or requesting a quote.
  • You will treat the Site access details confidential. We reserve the right to disable any access credentials, either selected by you or supplied by us, at any point of time without prior notice or subsequent explanation.
  • As you are accessing the Site through Internet connection you are fully aware of the Terms of Service that govern the Site, and you agree to abide by them.
  • You will not to utilize the Site for any unlawful purpose. You will not modify, copy, distribute, reuse, download, store or broadcast any content of the Site.

Restrictions on Use of the Site

Your access to the Site is limited. Therefore, you are not allowed to:

  • Use fake details for registering to the Site.
  • Make use the Site to acquire any content including but not limited to any data or information with intentions of achieving any competitive benefits.
  • Send out any unsolicited promotional or marketing material or junk mail, spam, or any such mass communication without obtaining prior approval in writing.
  • Use any software, device or means that impedes the smooth functioning of the Site, or lessen the usability of the Site that hampers user experience.
  • Attempt to gain unlawful access to the Site  in parts or its entirety, the hosting server on which the Site is stored, or any server, database or computer linked to the Site.
  • Harm the Site by attacking via a denial of service (DoS) attack or a distributed denial of service (DDoS) attack.
  • Figure on the list of Specially Designated Nationals of United States Treasury Department and not be located in a country that is subject to a United States government embargo.

Remedies for Breach

The Site reserves the right to initiate and pursue any action deemed appropriate upon finding violation of terms, infringement of intellectual as well as other applicable rights by any user in a manner that threatens the safety of its users and the general public. In such a scenario, the Site may:

  • Terminate, limit, deny or suspend the Site access by the user for any or no reason, including but not limited, any breach of these Terms of Service.
  • Block the IP address of the violator or inform the concerned Internet Service Provider.
  • Reveal your identity details to any/all third parties who claim that the Content provided by you breaches their intellectual or privacy rights.
  • Take legal action via designated authorities, including but not limited to, referral to law enforcement authorities, upon finding any unauthorized use of the Site.

Electronic Communications

You accept that all communications and notices pertaining to your account and/or your access of the Site (referred to as 'Communications' thereof), will be delivered to you electronically. You hereby agree to accept all Communications from the Site in electronic form. You own the rights to print copies of any such Communications from our side and save it for your reference and records. All Communications sent and delivered to you electronically will be considered as legally binding as if they were in the form of paper. You agree to the Site's denial any obligation to deliver Communications in the paper format. You own the rights to revoke your permission to receive Communications electronically, but upon receiving such information, we may terminate or limit your rights to access the Site.

 Linking to the Site

We encourage our users to provide link to our homepage, www.soldmydevice.com, provided it is done in a manner suitable, fair and legal. This action should in no way damage the credibility of the Site, and must not showcase link in such a way to imply any form of association or approval on our part where none exists. We prohibit link establishment from any site that is not owned by the user. It is legally binding on your part to cooperate with us in ceasing or blocking any illegal framing or linking. We may at our own discretion withdraw linking permission without any prior notice.

Disclaimer of Warranty

YOUR USE OF THE SITE, ITS MATERIAL, CONTENT AND SERVICES PROVIDED THROUGH IT IS AT YOUR OWN RISK. WE NEITHER TAKE RESPONSIBILITY NOR CLAIM THAT THE SERVICES OFFERD BY THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS WHATSOEVER. WE ARE NOT RESPONSIBLE FOR ANY PHOTOGRAPHS, CONTACTS, INFORMATION AND OTHER DATA CONTAINED IN THE DEVICES YOU SEND IN. WE HEREBY DENY AND DISOWN ALL WARRANTIES AND CONDITIONS, EITHER MENTIONED EXPLICITELY OR THOSE THAT MAY BE DERIVED FROM ANY STATEMENT, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY GUARENTEES OF MERCHANTABILITY, PROFITABILITY, AND SUITABILITY FOR PARTICULAR PURPOSE. UNDER NO CIRUMSTANCES WILL WE BE ACCOUNTABLE FOR ANY LOSS OR DAMAGE INCURRED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK (DDoS), MALICIOUS VIRUSES OR OTHER TECHNOLOGICALLY UNSAFE CONTENT MATERIAL THAT MAY HARM YOUR ELETRONIC EQUIPMENT, COMPUTER DEVICE PROGRAMS, STORED DATA OR OTHER PROPRIETARY MATERIAL OWING TO YOUR ACCESS AND THERBY USE OF THE SITE OR ANY SERVICES ACQUIRED THROUGH THE USE OF THE SITE OR ANY ACTIVITY PERFORMED BY YOU THAT MAY INCLUDE DOWNLOADING OF ANY CONTENT POSTED ON THE SITE, OR ON ANY THIRD PARTY OR AFFILIATE WEBSITE THAT HAS BEEN LINKED TO IT. NO CLAIM SUIT OR ACTION MAY BE USED AGAINST US AFTER 12 MONTHS FROM THE UNDERLYING CAUSE OF ACTION.

Limitation of Liability

THE SITE INCLUDING ITS EMPLOYEES, AGENTS, SERVICE PROVIDERS, DIRECTORS OR OWNERS WILL IN NO WAY BE HELD RESPONSIBLE FOR ANY DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE, OR ANY OTHER WEBSITES LINKED TO IT, OR ANY CONTENT ON THE SITE OR ITEMS OBTAINED THROUGH THE SITE OR OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. 

Disclosure

The testimonial pictures and/or videos used on the Site may be paid for by us. That content may not always be identified as paid content. Even though we occasionally provide compensation for such testimonials, we will not publish the ones we know to be false or misleading.  The views and opinions expressed on this Site are purely the authors' and not necessarily the views, opinions or endorsement of the Site. Any claim, quote or other representation about a product or service should be verified with the provider, author, manufacturer, or party in question.

Indemnification

You agree to defend, indemnify and hold the Site ; including its officers, directors, business partners and agents, subsidiaries, its affiliates and their respective members, employees and third-party vendor service providers - harmless from all claims, obligations, liabilities, damages and expenses - whether genuine and consequential of every nature, identified and unknown, including attorney's fees, expenses or damages resulting from or related to a violation of your representations and acceptances detailed in this page, your service submissions to the Site, the data used on your computers and other electronic devices, your defiance and breach of any regulation, law or the rights of an associated third party.

Accuracy of All Information

At SoldMyDevice, we do our best to ensure the accuracy of all the information you receive related to your order. However, like every company, there may have been a typographical error(s), technical inaccuracies with pricing or other errors. SoldMyDevice reserves the right, at any time prior to completing and paying of the order, to correct the error and change the offer made to our customers. In the event of the product(s) already being sent or received at SoldMyDevice, the change will be applied and the customer will be notified immediately. If the customer rejects the offer, they will have the right to void the transaction and have the device(s) returned back to them in the same condition it was sent.

Return Policy

You acknowledge that we have no obligation to offer a return. However, we have a right to return a misrepresented device or offer you a revised quote for such a device. Shipping and handling charge may apply to returned devices. We assume no liability whatsoever for misrepresented devices that differ from the condition described by you.

Severability

In case any part or portion of the Terms of Service detailed in this page is rendered or stated as invalid or redundant by a competent court of authority, limitation or invalidation of such part or section of these Terms of Service do not reverse, nullify or invalidate the other portions. The other parts of the Terms continue remain fully effective with adequate implementation capacity. Enforcement and execution of the Terms lies exclusively with the Site, and any failure to implement the Terms in some instances - either in full or in parts - does not represent a waiver of the rights the Site own to impose in other circumstances.

Assignment

The Site reserves the right to transfer or assign the interests, commitments, responsibilities or obligation under the Terms of Service, at its sole discretion, not seeking your consent.

Governing Law and Jurisdiction

All matters relating to your access to or use of the Site, including all disputes, is governed by the laws of Florida without regard to its conflicts of laws provisions which will result in application of any other law. You irrevocably agree to the personal jurisdiction by and venue in the courts in Miami, Florida and waive any objection to such jurisdiction or venue.

Contact Us

Please submit all comments and queries related to the Site to info@soldmydevice.com

Reviews from Recent Sellers 5.00/5.00

Brandon, Austin, TX
Brandy, osceola, AR
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Robert, Houston, TX
Juju, Sugar Land, TX
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