CELL YOUR CELL PHONE

TERMS OF USE

Cell Your Cell Phone is wholly owned by Cell Phone Doctor, Inc. that offers services (the "Services") that enable you to sell your unwanted electronic products (the "Products") after obtaining a quote from thecellphonedoc.com (the "Website"). All Services are subject to the Terms of Use and Terms of Sale listed below (collectively the "Terms").

YOU MUST AGREE TO THE TERMS TO USE THE WEBSITE AND/OR THE SERVICES. BY SETTING UP AN ACCOUNT OR BY USING THE WEBSITE, YOU AGREE TO ABIDE BY THE TERMS STATED BELOW.

1.                  Generally. These terms apply to any offer you make to sell your Product on the Website. These terms, Cell Your Cell Phone Terms of Use, our Privacy Policy, and any supplemental terms or policies associated with a specific transaction between you and the Website constitute a legal agreement between you and Cell Your Cell Phone (the "Agreement"). Although this Agreement is in electronic form, it has the same force and effect as an agreement in writing. In this Agreement, the term "you" or "your" means any individual or entity exercising rights under this Agreement, and the terms "we" or "us" means Cell Your Cell Phone and its affiliates and subsidiaries.

2.            About the Website. The Website gives users the ability to sell certain electronic devices such as mobile phones (collectively, the "Product") subject to these Site Terms. You agree that all transactions will be performed electronically and that the terms of any offer will be governed by this Agreement. 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 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 us immediately

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 Us or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. Further, we retain 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. We provide 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:

·         Modify, republish, redistribute, delete, resell, sublicense, publicly perform, cache by proxy the Website or Materials without our express written permission or the applicable rights holder;

·         Use the Materials for telemarketing, direct marketing, and commercial mass e-mail or by agents or representatives or e-mail spammers;

·         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;

·         Use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users;

·         Reformat or frame any portion of the Website or Materials;

·         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;

·         Allow others to use the Website under or through your account login ID/email and password;

·         Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;

·         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.            Requirements. In order to complete the sale of your Product on the Website or to complete any other transaction with us, you must:

·         Be at least 13 years old, and if under 18 have the permission of your parent or guardian;

·         Create an account with us;

·         Provide true, up-to-date and accurate information about yourself and any Product you offer to us;

·         Comply with all terms and conditions of this Agreement;

·         Comply with all applicable laws and regulations, including all import and export laws as described in Section 12 below;

·         Have the legal capacity to enter into agreements and convey title and interest in any Product that you submit to us.

7.            Product Eligibility. While we strive to provide a quote on each Product you may wish to sell, we determine, in our sole discretion, which Products are eligible for purchase, donation and/or recycling and for which Products we will provide a quote. We may terminate the eligibility of certain Products at any time without advance notice, but such termination will not affect any Products for which you have already accepted a quote. Any quote shall apply only to the specific Product for which it is provided and may be accepted only by the person to whom the quote is given.

Condition Defined. Each cell phone or electronic device must be in 100% working condition, which includes but not limited to the following:

It will power on and the battery will be able to receive and hold a charge.

All devices must include a working battery. Make sure the device is fully charged before it is sent. Accessories, such as chargers, Bluetooth headsets are accepted; please include them if not in use.

LCD display(s) must fully work and not be broken, bleeding or cracked or damaged in any fashion.

All members of the keypad/keyboard must work and all scroll bars and roller bars must work. All removable parts (like battery doors) must be included.

The antenna (if applicable) is intact and fully functional and the body of the phone where the antenna meets is not cracked or separated.

Cases should be complete and unbroken, no cracks, No loose or broken flips, slide, or swivel. Minor scratches and nicks are acceptable.

Ringer works, speaker and microphone work, camera works and all web browsing functions, including PDA and GPS functions work as designed.

All features of that particular model must work, such as, texting, touch screen, email, push-to-talk, MP3, games, GPS, satellite connection etc.

No red dots! (Check inside the phone behind the battery.  If you see a red dot you should know that this phone will be considered broken, even if it works. A red dot means contact with moisture and voids even the manufacturer warranty. Also look at the battery which in some cases will have a similar color changing mechanism used to indicate water contact.) Do not remove the red dot.

When listing models, you must use the actual model number written inside the phone or other electronic equipment. Do not judge the model by picture alone as many models are nearly identical.  Incorrect models will be paid the corrected model amount due based on cosmetic and functionality rating.

We DO NOT purchase the following Service Provider Cell Phones: NECC Wireless, Embarq, TelCel, Rogers Wireless, Simply Freedom,  STI Mobile, DISNEY MOBILE, EARTHLINK WIRELESS, AMP'd Mobile, KDDI MOBILE, 3UK/Orange, Qwest, Cellular South, OLD ATT, Virgin, Vodafone, CBeyond or TIM.  We also do not purchase any PRE-PAID SERVICE PROVIDERS including TRACFONES and any similarity thereof. We only accept the above for recycling or donation; We will not pay out on any of the above phones..

8.            Production Valuation / Product Recycling. All Product quotes are based on the market value of the Product and the information you supply about the Product, such as the Product's model, working condition and appearance. Your acceptance of a quote for your Product means that you are willing to sell your Product to us at the quoted price. If we determine that the Product has nominal value, we may provide you a quote of $0.00. If you accept a quote of $0.00, you may send us your Product and we will accept the Product for recycling. You may accept or reject any quote from us in your sole discretion. If you do not accept our quote, the specific transaction expires. If you later change your mind and want to accept the quote, you will need to initiate a new transaction with us at which time the quote may be different.

9.            Fitness for Sale. By sending a Product to us, you warranty the following:

a. You own the Product and/or all the rights necessary to transfer the Product;

b. The Product is not counterfeit, stolen, or its provision to us, otherwise fraudulent;

c. The Product is free of all liens or encumbrances, and does not contain any third-party software that may not be transferred or for which royalties are due;

d. Your transfer of the Product to us will comply with all applicable laws and regulations, including without limitation all import and export laws, and will not infringe on any third party's intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights).

By using the our Services, you agree to indemnify us from all claims or losses sustained by us as a result of any breach of this warranty.

10.         Sending us Your Product. When packaging your Product, be sure to include the Product and all materials you included in your description when we calculated your quote, as well as any other materials that came with your Product. This includes any battery, software, accessories, adapters or manuals. Failure to include any items you told us about when the quote was calculated, or sending us a Product which does not match your original description, may impact the final value of your Product and may result in a recalculation quote.

11.         Removing Data From Your Product. We will attempt to remove and destroys all personal data from devices we receive. For Products that store files and/or personal data on hard drives, memory chips or the like, you must back up and store any data you wish to keep from your Product and remove any personal information before you send your Product to us. Our standard practice is to do a factory reset of all devices that removes things like contacts, pictures, etc. and will destroy the data on memory cards. However, we cannot guarantee that such deletion and destruction will be successful. You agree to release us from any claim as to the Product, the data stored in such Product, or any information on any media used in conjunction with the Product and which you send to us, or for such data's security, integrity, confidentiality, disclosure or use. Without limiting the above, we are not responsible for any loss suffered due to any data that is not erased from the device and is transferred to a third party or that is lost after you submit your Product to us.

12.         Product Inspection / Re-Quote. We will honor a quote for 14 days from the date you accept the quote. We must receive the Product within this 14-day period. Please follow all packing and shipping recommendations provided to avoid possible damage to or loss of the Product in transit. When we receive your Product we will email you and we will inspect your Product. If our inspection shows that the Product does not match the description you provided to us, that it has been modified so that it no longer conforms to the original factory specification, or that it no longer complies with applicable laws or regulations (e.g., FCC rules, etc.), or if the Product was damaged in transit or was received more than 14 days after the quote was accepted, we will issue a revised quote for the Product that reflects the conditions described above We will send you an email notifying you if we issue a revised quote. You will then have 7 days to log into your account and view the revised quote, at which point you may either accept or reject the revised quote. If you accept the revised quote, you will be paid in accordance with these service terms. Any revised quote that is not rejected within 7 days after we send you the notification email will be deemed to be accepted by you. If you reject the revised quote, we will return your Product to you at our expense. Notwithstanding the foregoing, we will not pay for the return of any Products that were misdescribed and have no commercial value. We also cannot guarantee the return of any data or information on any Product.

13.         Risk of Loss. The risk of damage and/or loss for your Product remains with you until it is received by us in our facility. We are only responsible for damage or loss to your Product while the Product is in our facility. If we return your Product to you, the risk of loss shifts back to you when we give the Product to the carrier for shipment, and you bear the risk of loss or damage during shipment back to you.

14.         Passing of Title. Title to the applicable Product passes to us only when we accept the Product for the original quote or the revised quote, as applicable. We do not take title to any Product that is returned to you; title to any such Product remains with you.

15.         Import and Export Laws. You must comply fully with all import and export laws, regulations, rules and order of the United States, or any foreign government agency or authority. You are responsible for the expenses of such compliance and/or for obtaining any authorizations or clearances required to convey your Product to us. Please note: U.S. Trade sanctions administered by the Office of Foreign Assets Control (OFAC) generally prohibit the importation into the United States (including U.S. territories), either directly or indirectly, of most goods, technology, or services (except information and informational materials) from, or which originated from Cuba, Iran, Iraq, Libya, North Korea, Serbia, or Sudan; form foreign persons designated by the Secretary of State as having promoted the proliferation of weapons of mass destruction; named Foreign Terrorist Organizations; designated terrorists and narcotics traffickers. You may not offer or provide for recycling, donation or for sale, any Products that would violate the provisions of this Section.

16.         Promotions. We may from time to time sponsor or offer various promotions programs. The specific terms of any such promotion will be provided to you at the time you are offered the promotion. We reserve the right, in our sole discretion, to determine to which transaction or transactions a promotion applies, to establish rules and restrictions relating to such promotion, and to modify or terminate any promotion at any time without advance notice.

17.         Accuracy of all Information. We make every effort to ensure the accuracy of all information it provides you about your Product. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. When these occur, We reserve the right, at any time prior to payment, to:

·         Correct the error, inaccuracy or omission;

·         Reissue the original quote, or if the Product has already been sent to us, issue a revised quote; or

·         Return the Product to you.

18.         Electronic Notices and Transactions. You agree that we may communicate with you electronically regarding your Product and any potential transaction between you and us via email or by posting messages on your account page. You agree to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities.

19.         Disclaimer of Warranties. THE WEBSITE AND MATERIALS ARE PROVIDED BY US ON AN "AS IS" BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WE EXPRESSLY DISCLAIM 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 CELL YOUR CELL PHONE, 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. WE 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.

WE DO 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. OUR ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY US SHALL BE CANCELLATION OF YOUR ACCOUNT.

20.         Limited Liability. YOUR USE OF THE WEBSITE AND RECEIPT OF PRODUCTS AND/OR SERVICES IS AT YOUR OWN RISK. IN NO EVENT SHALL WE OR ANY THIRD PARTY PROVIDER OR ANY OF OUR OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE, THE SERVICES, THE PRODUCTS, THE CONTENT, OR USER CONTENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY DECISION OR ACTION TAKEN IN RELIANCE UPON ANY CONTENT, ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS IN DELIVERY, NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT, OR FOR ANY TYPES OF DAMAGES OR LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

21.         Exclusion of Consequential Damages; Further Limitation of Liability. IN NO EVENT SHALL WE OR ANY THIRD PARTY PROVIDER OR ANY OF OUR OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART IN RELATION TO THE WEBSITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE USER CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THE "DISCLAIMER OF WARRANTIES" AND "DISCLAIMER OF LIABILITY" SECTIONS MAY NOT APPLY TO YOU. IN THOSE CIRCUMSTANCES, AS WELL AS ANY OTHER WHERE LIABILITY OCCURS, YOU ACKNOWLEDGE THAT OUR ENTIRE LIABILITY UNDER THIS AGREEMENT, OR ANY MATTER RELATING TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION OR THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, OR WARRANTY) SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

22.         Indemnity. You agree to indemnify, defend, and hold harmless Cell Your Cell Phone, 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.

23.         Violation of This Agreement. We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this Agreement and the Privacy Policy, including the right to block access from a particular internet address to the Website.

24.         Entire Agreement/Severability/No Waiver. This Agreement, the Terms of Use and the Privacy Statement constitute the entire agreement between us relating to your use of the Website and the Services. Additional terms and conditions may apply when you enter contests, use any Third Party Services or access any linked websites. Should any provision of this Agreement be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

25.         Correction of Errors and Inaccuracies. Our website and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the content at any time without prior notice. We do not, however, guarantee that an error, inaccuracies, or omissions will be corrected.

26.         Modification. We reserve the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using our website and/or the Services before the changes take effect. You are responsible for regularly reviewing periodically this Agreement for any such changes. Your continued use of the website or Services after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale, donation or recycling with us, you reaffirm your acceptance of this Agreement.

27.         Applicable Law and Venue. THIS AGREEMENT AND THE TERMS OF SALE AND TRANSFER OF TITLE OF YOUR PRODUCT ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF KENTUCKY AND TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. BY USING OUR WEBSITE YOU AGREE THAT ANY ACTION AT LAW OR INEQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN JEFFERSON COUNTY, KENTUCKY, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.

28.         Contacting Us. If you have any questions, comments, or concerns, please email info@thecellphonedoc.com. Please include details of your questions, comments or concerns and your complete name and contact information.

 


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