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Max Trade Back Sale Agreement

Last Modified:

August, 2018

Cell Depot LLC offers services that enable you to sell your unwanted electronic products (the "Products") after obtaining a quote from Cell Depot LLC through maxtradeback.com. All maxtradeback.com 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 maxtradeback.com website and/or the Max Trade Back services. By setting up a Max Trade Back account or by using the maxtradeback.com website, you agree to abide by the terms stated below.

Generally

These terms apply to any offer you make to sell your Product on maxtradeback.com. These terms, the Max Trade Back Terms of Use and any supplemental terms or policies associated with a specific transaction between you and Max Trade Back constitute a legal agreement between you and Max Trade Back (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, individual dealer, dealer or entity exercising rights under this Agreement, and the term "maxtradeback.com” and “Max Trade Back”, "we" or "us" means Cell Depot, LLC and its affiliates and subsidiaries.

Requirements

In order to complete the sale of your Product on to maxtradeback.com or to complete any other transaction with Max Trade Back, you must:

·       Be at least 18 years old

·       Create an account with us;

·       Provide 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.

Product Eligibility

While Max Trade Back strives to provide a quote on each Product you may wish to sell, Max Trade Back determines, in its sole discretion, which Products are eligible for purchase, donation and/or recycling and for which Products Max Trade Back will provide a quote. Max Trade Back 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

Max Trade Back uses five Product conditions to grade Products, ranging from "Mint" to "Broken." Conditions can vary widely between categories and types of Products. Condition definitions are subject to change at the discretion of Max Trade Back. You may contact Max Trade Back customer service for assistance in determining the condition of the Products. Generally, Max Trade Back Product condition definitions are as follows:

"Mint" Has no scratches on the phone. It looks like new and is fully functional;

"Good" Has light scratches throughout the screen and body. These types of scratches are difficult to see from arms-length. Product is fully functional;

"Fair" Has small, light to moderate scratches throughout but do not have cracks, chips, dents or deep scratches. Product is fully functional;

"Poor" Has heavy scratches and scrapes throughout but is fully functional. Item may have cosmetic flaws such as cracks, dents, chips, and deep scratches.

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 from Max Trade Back for your Product means that you are willing to sell your Product to Max Trade Back at the quoted price. If Max Trade Back determines that the Product has nominal value, Max Trade Back may provide you a quote of $0.00. If you accept a quote of $0.00, you may send your Product to Max Trade Back and Max Trade Back will accept the Product for recycling. You may accept or reject any quote from Max Trade Back in your sole discretion. If you do not accept the quote from Max Trade Back, 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.

Fitness for Sale

By sending a Product to Max Trade Back, whether for sale, donation or recycling, you warranty the following:

·       You own the Product and/or all the rights necessary to transfer the Product to Max Trade Back;

·       The Product Is not counterfeit, stolen, or its provision to Max Trade Back otherwise fraudulent;

·       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;

·       Your transfer of the Product to Max Trade Back will comply with all applicable laws and regulations, including without limitation all import and export laws as described in Section 12 herein, 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 Max Trade Back Services, you agree to indemnify Max Trade Back from all claims or losses sustained by Max Trade Back as a result of any breach of this warranty.

Sending Max Trade Back 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.

Removing Data from Your Product

Max Trade Back removes and destroys all personal data from all 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 Max Trade Back. Max Trade Back's 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 using software that follows the Department of Defense guidelines. However, Max Trade Back 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 Max Trade Back, or for such data's security, integrity, confidentiality, disclosure or use. Without limiting the above, Max Trade Back is 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 Max Trade Back.

Product Inspection / Re-Quote

Max Trade Back will honor a quote for 14 days from the date you accept the quote. Max Trade Back must receive the Product within this 14-dayperiod. Please follow all packing and shipping recommendations provided by Max Trade Back to avoid possible damage to or loss of the Product in transit. When we receive your product, we will e-mail 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 Max Trade Back 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, Max Trade Back will return your Product to you at our expense. Notwithstanding the foregoing, Max Trade Back will not pay for the return of any Products that were not described accurately and have no commercial value. Max Trade Back also cannot guarantee the return of any data or information on any Product.

Risk of Loss

The risk of damage and/or loss for your Product remains with you until it is received by Max Trade Back in our facility. Max Trade Back is only responsible for damage or loss to your Product while the Product is in our facility. If Max Trade Back returns your Product to you, the risk of loss shifts back to you when Max Trade Back gives the Product to the carrier for shipment, and you bear the risk of loss or damage during shipment back to you.

Passing of Title

Title to the applicable Product passes to Max Trade Back only when Max Trade Back accepts the Product for the original quote or the revised quote, as applicable. Max Trade Back does not take title to any Product that is returned to you; title to any such Product remains with you.

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 Max Trade Back. 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; from 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 to Max Trade Back for recycling, donation or for sale, any Products that would violate the provisions of this Section.

I-Promotions

Max Trade Back 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. Max Trade Back reserves the right, in its 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.

Accuracy of all Information

Max Trade Back makes 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, Max Trade Back reserves 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 Max Trade Back, issue a revised quote;

·       Return the Product to you.

Electronic Notices and Transactions

You agree that Max Trade Back may communicate with you electronically regarding your Product and any potential transaction between you and Max Trade Back via email or by posting messages on your account page on maxtradeback.com. 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.

Individual Dealer and Store Dealer

All terms of this agreement must be complied with and may change at any time in the future at the sole discretion of Max Trade Back. We also reserve the right to terminate this agreement without notice at any time. If we choose to terminate a relationship with any dealer we will complete all pending transactions according to the terms herein.

Dealer Buyback Program

This program may only be offered through Max Trade Back authorized Max Trade Back dealers. Dealers must complete the dealer registration and upload a picture of their store to qualify. Dealers must adhere to all terms contained within this agreement and Max Trade Back may at its sole discretion terminate or change this agreement at any time. All transaction prior to changes or termination of this agreement will be completed according to the terms herein.

Disclaimer of Warranties.

The website, its content and any products or services available through the website are provided to you on an "as is" and "as available" basis without warranty of any kind either express or implied, including but not limited to implied warranties of merchant ability, fitness for a particular purpose, quiet enjoyment, systems integration, accuracy, or non-infringement. Max Trade Back makes no representations or warranties that use of the website, the content or products or services will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain is free of viruses or any harmful components.

Limited Liability

Your use of the website and receipt of products and/or services is at your own risk. In no event shall Max Trade Back 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 deliver, 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.

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 the entire liability of Max Trade Back 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.

Indemnity.

You agree to indemnify and hold harmless us and our subsidiaries, affiliates, officers, agents, employees, partners and licensors from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, transmit or otherwise make available, your use of the Website or Content, your connection to the Website, your violation of the Terms of Use, these Terms of Sale or your violation of any rights of another party.

Violation of This Agreement

We reserve the right to seek all remedies available at law and inequity 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.

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 sever-able from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforce-ability of the remaining provisions. No waiver by Max Trade Back of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Correction of Errors and Inaccuracies

The Max Trade Back website and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. Max Trade Back reserves the right to correct any errors, inaccuracies or omissions and to change or update the content at any time without prior notice. Max Trade Back does not, however, guarantee that an error, in accuracies, or omissions will be corrected.

Modification

Max Trade Back reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the Max Trade Back website and/or the Services before the changes take effect. You are responsible for regularly reviewing periodically this Agreement, located at maxtradeback.com, for any such changes. Your continued use of the Max Trade Back 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 Max Trade Back, you reaffirm your acceptance of this Agreement.

Applicable Law and Venue.

I This agreement and the terms of sale and transfer of title of your product are governed by and construed in accordance with Pennsylvania law 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 clicking on the "accept" button below, 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 Erie county, Pennsylvania, 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.

Contacting Max Trade Back.

If you have any questions, comments, or concerns, please email maxtradeback@yahoo.com.Please include details of your questions, comments or concerns and your complete name and contact information.