Website User Agreement
Last updated: 8 June 2016.
Please read these Terms of Service (hereinafter “Terms”, “Terms of Service”) carefully before using www.ezsellmyphone.com (hereinafter “Website”) operated by E Z Sell (hereinafter “E Z Sell”, “us”, “we”, or “our”).
User (hereinafter “User”, “you”, or “your”) access to and use of the Website is conditional on your acceptance of and compliance with these Terms. These Terms apply to all visitors, Users, and others who access or use the Website.
By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Website.
About our Website
The Website gives Users the ability to sell their iPhones. By using the Website, you agree that all transactions will be performed electronically through PayPal. In the case that you do not have a PayPal account or do not want to open one, you agree to receive a check that will be issued by us, which can take up to fifteen (15) days to arrive.
The images, photographs, content, information, designs, graphics, and other materials and effects (hereinafter “Content”) are protected by intellectual or proprietary rights owned by E Z Sell or other third parties. Furthermore, 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 (hereinafter “Technology”). You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.
Use of Website and Technology
We provide the Website and Technology solely for the purpose of conducting individual transactions with the Website. Any other use of the Website and Technology is strictly prohibited. You may not, directly or indirectly:
• Use our Website if you are not able to form legally binding contracts (for example, if you are under the age of 18), or are temporarily or indefinitely suspended from using our site.
• Distribute viruses or any other technologies that may harm the Website or the interests of users;
• Use any robot, spider, scraper, or other automated means to access our Website for any purpose;
• Use any network monitoring or discovery software to determine the Website architecture;
• Reformat or frame any portion of the Website;
• Reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to us;
• Violate the Terms of Service, applicable law, or rights of others;
• Disrupt, interfere, or cause harm to the Website;
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion. If you do not agree to the changes, please discontinue using our Website IMMEDIATELY. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms.
Warranty and Liability
E Z Sell makes no guarantees to the functionality and availability of the Website. You hereby acknowledge that any use of the Website is solely at your own risk.
The Website, Content, and Technology are provided by E Z Sell on an “as is” basis and is without any warranty or representation of any kind, whether express, implied, statutory, or otherwise.
To the fullest extent permitted by applicable law, E Z Sell and/or its agents disclaim all warranties, expressed or implied, including but not limited to, implied warranties of merchantability, non-infringement, or fitness for a particular purpose with respect to the services to you E Z Sell and/or its agents shall not be liable for any claim by you relating to any loss. You waive all claims against E Z Sell and/or its agents for damages under this Website User Agreement. In no event will E Z Sell and/or its agents be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of goodwill, work stoppage, data loss, or computer failure incurred by you or any third party, whether in an action in contract, tort, if the damages were foreseeable, or if E Z Sell and/or its agents have been advised of the possibility of such damages.
User accepts that the determination of manufacturer, model, condition, functionality, service provider and any other qualities pertaining to the iPhone handset will be determined by EZ Sell’s staff and/or agents and that that determination is final and acceptable by you. It is hereby acknowledged that the staff and/or agents of EZ Sell are qualified to make these determinations and in the event that there is a discrepancy between what User claims is the manufacturer, model, condition, functionality, service provider or any other qualities pertaining to the iPhone handset and what EZ Sell’s agents and/or staff state, that EZ Sell’s determination will take precedence and be accepted as factual. Price will be set based on that determination and will be paid in that amount. If the User chooses not to sell the iPhone handset and prefers to have it returned, the iPhone handset returned will be of the manufacturer, model, in the condition and state of functionality, and service provider and of any other quality pertaining to the iPhone handset as determined by EZ Sell, its agents and/or staff.
You agree to indemnify and hold E Z Sell, its officers, directors, employees, and/or agents harmless from any and all claims, liabilities, damages, losses, costs, expenses or fees (including reasonable attorney’s fees) made by any third party as a result of your breach, negligence, and/or violation of any representation made by you and/or your representatives under these Terms of Service.
You are responsible for obtaining, at your own expense, all the equipment and services necessary to access and use the Website, including mobile devices, Internet browsers, and Internet access. You are solely responsible for any fees and expenses you incur in order to use the Website, including all fees that your carrier may charge for data, text messaging, and other wireless data.
Any delay or failure in the performance by either Party hereunder shall be excused if and to the extent caused by the occurrence of a Force Majeure. For purposes of this Web Site Agreement, Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the Party claiming Force Majeure, including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage terrorism, vandalism. accident, restraint of government, governmental acts, injunctions, labor strikes, that prevent E Z Sell from furnishing the materials or equipment, and other like events that are beyond the reasonable anticipation and control of the Party affected thereby, despite such Party’s reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to a Party’s failure to perform its obligations under this Website User Agreement.
We may terminate or suspend access to our Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
All disputes arising out of this Website User Agreement that is not resolvable by good faith negotiations by the same, shall be filed in Tennessee, and shall be settled by arbitration pursuant to Tennessee Code Annotated §29-5-301 to §29-5-320, inclusive. In so agreeing the Parties expressly waive their right, if any, to a trial by jury of these claims and further agree that the award of the arbitrator shall be final and binding upon them as though rendered by a court of law and enforceable in any court having jurisdiction over the same. If any provision of this agreement is found to be void by any arbitrator, the remaining provisions will remain in force and effect.
This Website User Agreement contains the entire understanding between you and us and any waiver, amendment or modification to this agreement will be subject to the above conditions and must be attached hereto. These Terms shall be governed and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have between us regarding the Website.
The following sections survive any termination of this Website User Agreement: Disclaimer, Warranty and Liability, Indemnity, Force Majeure, and Governing Law.
E Z Sell makes every effort to ensure that the information presented through the Website is complete and accurate. Therefore, E Z Sell makes no guarantees for such information and is not responsible for the information, including its accuracy, content, quality, legality, or any resulting loss or damage.