1. Mobile Systems Wireless Inc. DBA: GadgetTraders and its subsidiaries, affiliates, and assigns (“GadgetTraders”, “Buyer”, “us,” “our” or “we”) offers services (“Services”) through which you can sell certain consumer electronic products (“Product” or “Products”) after receiving an offer to purchase from Gadget Traders (“Offer”) and identifying your Product and its condition and completing check-out on the GadgetTraders Website (“Trade-In”). You must agree to abide by the following terms in order to use the GadgetTraders Website and Services provided.
2. BY ESTABLISHING AN ACCOUNT WITH, OR BY USING GADGET TRADERS’ WEBSITE(S), YOU EXPRESSLY AGREE TO THE FOLLOWING TERMS AND CONDITIONS, WHICH MAY BE AMENDED FROM TIME TO TIME AND AT ANY TIME BY POSTING THE AMENDED TERMS ON GADGET TRADERS WEBSITE(S). ANY AMENDED TERMS SHALL AUTOMATICALLY BECOME EFFECTIVE IMMEDIATELY UPON POSTING.
3. GadgetTraders reserves the right to terminate or suspend your use of any GadgetTraders Website and Service if you do not comply with this Agreement or any of GadgetTraders policies or procedures, or for any other reason we may determine, at our sole discretion.
4. These terms govern any Offer you receive to sell your Product to or through GadgetTraders website(s). These terms shall also govern your use of any GadgetTraders website (“GadgetTraders Websites”), as outlined in the Website User Agreement, the Services and any and all applications included therein, any supplemental terms or policies that accompany a specific transaction, feature or application, collectively, make up an agreement between you and GadgetTraders (“Agreement”). You acknowledge that this Agreement is in an electronic format and has the same force, validity, and effect as an agreement made in writing. In this Agreement, the term “you” or “your” means an individual or entity exercising rights under this Agreement.
5. In order to complete a Trade-In or to complete any other transaction with GadgetTraders, you must: (a) provide an accurate, true, and up to date account information about yourself and any Product you submit to us; (b) comply with all terms and conditions of this Agreement; (c) comply with all applicable laws and regulations, including all import and export laws; (d) transact on behalf of yourself and not on behalf of others; and (e) be at least eighteen (18) years of age and have the legal competency and capacity to enter into legally binding agreements, and (f) be able to convey clear and unencumbered title and interest in any Product that you send to us.
6. In order to receive payments for any Products in connection with a Trade-In, you must provide us with current information including a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, and your first and last name. GadgetTraders may pay you, at GadgetTraders’ sole discretion, by mailing you a check or paying you through PayPal or some other electronic payment method.
7. GadgetTraders shall not be responsible for communication errors should the contact information you provide be inaccurate or incomplete. You are responsible for ensuring that you can receive emails from GadgetTraders and GadgetTraders is not responsible for any emails that are not received by you because they were blocked or filtered as spam. You expressly understand and agree that if you fail to provide us with accurate and up-to-date information about yourself: (a) GadgetTraders shall not be responsible for any Trade-In payments sent to a wrong address, and (b) any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws. You agree that GadgetTraders has no obligation to you if any of your unclaimed funds are turned over to any governmental authority in accordance with applicable laws.
8. GadgetTraders constantly evaluates Product pricing based on a variety of factors, including market conditions and condition of the Product. GadgetTraders does not price match other companies and does not provide price adjustments once a payment is complete.
o Brand New: Device still in factory original packaging. Must come with the box and all accessories sealed/untouched.
o Like New: This condition is for an item that is still in 100% perfect condition like new out of the box. Battery health must show above 95% in the battery health section under the device settings.
o Good: This condition is for an item that has signs of usage but is still in good condition with some signs of wear. This item is still 100% functional. Battery health must show above 85%.
o Fair: This condition is for an item that shows excessive signs of wear. Such an item still has 100% functionality, and/or Battery health is below 84%
o Minor Damage: Device has only ONE issue such as a cracked screen without dead display areas, cracked camera, bad button, and/or Battery health is below 84%
o Damaged: Has more than one issue (if the condition selection has a minor damage condition) from the minor damage category, water damage, bent and/or dented housing, cracked display, dead display areas, cracked camera, bad button, and/or Battery health is below 84%
9. The categories outlined above are broad general statements as to the condition of an item. On each Offer page, you will see more specifics as to what is included in each category for that particular item. GadgetTraders has the right to change the specifics of each category for a particular item at any time. If you have already sent your item to us prior to these changes, your Offer will not be changed. Some issues with the item may not be obvious when you have chosen to send your electronics to us. Some issues are of such a type that only a GadgetTraders Technical Specialist may pinpoint. Based on GadgetTraders’ analysis, we may adjust the price of your electronic device accordingly. Adjustments may be made, for example, because you have indicated the wrong model of your device, your device has a BAD ESN (still active on your carrier account, not fully paid off, etc) or because GadgetTraders Technical Specialist finds that the condition of your electronic device is not as you have represented. If you are unsure about how to categorize your electronic device, please contact us and we will be more than happy to assist you.
10. Please be aware that GadgetTraders has the sole rights to make the final evaluation of all electronic devices sent to us. We will notify you if there is a change in the pricing of your product and you will then have FIVE (5) days to accept the new offer as we know we all live busy lives and need some time to respond to emails. If you have not contacted us within those FIVE (5) days, we will assume that you have accepted the new offer and go ahead and send the adjusted amount to you in the form of payment you have selected. The length of the validity of the price we have quoted you is valid for FOURTEEN (14) days. If we receive your item AFTER FOURTEEN (14) days, GadgetTraders shall re-evaluate your item and price it at the CURRENT market value.
11. GadgetTraders determines, in its sole discretion, which Products are eligible for Trade-In or through the Services and GadgetTraders Websites and for which eligible Products GadgetTraders will provide an Offer. GadgetTraders may terminate the eligibility of certain Products at any time and without advance notice but such termination will not affect any Products for which you have already accepted an Offer which is valid for FOURTEEN (14) days.
12. Damaged/Tampered/Modified Electronic Devices. In our “minor damage/broken” category, we like to think that we have included the vast majority of extreme damages inflicted on your electronic devices. Certain “extreme” damages are beyond the scope of this category, and if that is the case, we will adjust the price we originally Offered in accordance with this Agreement.
13. Corporate Locked/IT Policies: For Apple devices there are three ways to determine whether or not your device has a corporate locked/IT policy. First you can check under the Settings app and head to General->Profile, under this tab, the Configuration Profile for (a company name) will appear. Second when the device is restored, a message will show up during the registration process stating, “Remote Management” and will state (a company name) OR during this process, it will ask for credentials for (a company name). If you see this, it is an indicator that your device consists of a corporate locked/IT policy. GadgetTraders cannot accept devices with this corporate locked/IT policy because there are restrictions put on your device. Before sending over your device(s), please contact the company associated to have this removed.
14. Battery Life: If the battery life of your device last less than one hour or found to be less than 84%, GadgetTraders shall adjust the price accordingly to represent a properly working device with a poor battery life.
15. Engraving: Any device received with a personal engraving will be adjusted accordingly. Generally, the device will be downgraded by one tier.
16. Incentive Program: To maintain GadgetTraders’ long term relationship with GadgetTraders’ customers, GadgetTraders offers an incentive program in which GadgetTraders give you a set amount for each person you refer to GadgetTraders. GadgetTraders sends these payments out in bulk at the end of the month to each of GadgetTraders’ loyal customers
17. The Process:
o Shipping: Once you have shipped out your electronic device(s), please allow up to five (5) business days for them to get to us. This allows time for the shipping company as well as assuring the devices are delivered to our office. We are not responsible for shipping delays related to UPS/USPS/Fedex.
Testing: Once we have received your electronic device(s) it takes a period of 1-3 business days for our Technical Specialists to analyze the condition of your device. If your device does not include all the necessary accessories for testing, please allow more time for testing.
o Payment: After we have assessed the status of your device we will send you your payment in the method you have selected or send you a new offer if we feel that your electronic device(s) is not in accordance to the condition you had originally selected. You will have up to FIVE (5) days to accept or decline this offer. If you DO NOT respond within FIVE (5) days, we will assume you have accepted our terms, and send you your payment. Please allow up to FIVE (5) days for processing. You always have the ability to track which stage of the process your device(s) are in from your GadgetTraders account. Please note that if you select PayPal/CashApp, you will be responsible for the fee associated with PayPal/CashApp. If the method of payment was a check and the check did not come to you (Lost in the mail/Returned to us due to an incorrect address), the duplicate of this check will be mailed again.
o Larger Payments: If your order consists of a value of a One Thousand Dollars and 00/100 (1000.00) or more, please allow an additional THREE (3) business day for processing.
o Non-major/“Other” Carrier Devices: For cell phones that have a carrier which is not a major phone carrier, that is, NOT VERIZON, AT&T, T Mobile, your payment may be delayed for THREE (3) business days for additional processing.
18. Insurance: All items that have the UPS Ground service have insurance up to $100 included. All items that have the Priority Mail service have insurance up to $50 included. Items that have the First Class Mail service do not have any insurance. If you require additional insurance, you would need to purchase your own shipping directly from USPS/UPS. Please note that GadgetTraders will not be held liable for any damages incurred due to inadequate packaging.
19. Lost/Damaged Mail: If your electronic device(s) have either been damaged or lost while they are in transit, we at GadgetTraders will not held liable and it is your responsibility to make sure that your item(s) are fully secure when you ship them. If a package is received and looks to have been damaged due to mishandling, we return the package without opening it. However, if the box is secure and does not look as though anything happened during transit and the item inside was not secure, we will offer you an amount based on the condition we receive the phone in. GadgetTraders is not responsible for damages or theft incurred during transit. Drop your package off in your local USPS/UPS office and obtain a drop-off receipt. It minimizes any risks during transportation.
20. Returns: If we give you a new offer because our Technical Specialists feel as though your own assessment of your device is inaccurate, and you decline the new offer, we will return your electronic device to you for free. If your order has multiple items, we will only return the item that we have reassessed the price. The remaining items cannot be returned even if you feel that the new offer for the other item was inaccurate. Please note that if you do not respond to our email regarding the new offer within FIVE (5) days we will continue with the processing. If your item has NO VALUE in accordance to our assessment and you do not respond to our emails within the FIVE (5) days, WE WILL RECYCLE your device. In order to test your device(s), our Technical Specialists do remove the SIM Card, the casing, and the protective layers of your device. If during this process you ask for your device(s) back please note that GadgetTraders.co is NOT responsible for these items. Once a product has been sent to us we do not guarantee that we will return the product or any data that you wish to keep. Please note that free return shipping does not apply in the following scenarios:
o Item was significantly misrepresented.
o Item was found to be reported lost or stolen.
o Item was found to have an Activation or iCloud lock.
o Item was found to have a bad ESN or financed IMEI.
o Item was found to have missing or non-OEM spare parts
o Item has broken/damaged “Home Button” and/or “Face ID”
o Item model and/or Carrier is different from what the original quote was based on. Example: If a “T Mobile” phone is quoted in the original offer, but the phone is inspected and determined to actually be a “Metro by T Mobile” phone (which should have been quoted at the “Other” Phone Carrier price) a “Return Device Fee” of $25 per device will be charged for returning the Device and you are responsible for providing us with a postage paid shipping label if the requoted offer is not accepted within FIVE (5) days.
A “Return Device Fee” of $25 per device will be charged for returning any device(s) due to the scenarios listed above. You are also responsible for providing to us a postage paid “Return Shipping Label” for us to use to send back your device(s).
Activation Locked: We do NOT purchase devices that are Activation / iCloud Locked and you’ll need to remove any security features before we are able to process it. If we receive a device that has an Activation Lock that can not be removed, we are unable to purchase it and will charge a fee to return it back to you. A “Return Device Fee” of $25 per device will be charged for returning the device(s). You are also responsible for providing to us a postage paid “Return Shipping Label” for us to use to send back your device(s).
21. If we don’t hear back from you after THIRTY (30) days from the date of the email notifying you of a requoted device(s), we will assume the device(s) has been abandoned and will recycle/dispose of your device responsibly.
22. Lost or Stolen: All devices are checked on various databases to ensure they have not been reported as Lost or Stolen. We do NOT, under any condition, purchase and/or return devices that are flagged as Lost or Stolen. We do NOT pay for such devices and they will be immediately transferred to the appropriate authorities. Your personal information along with the device’s Serial/IMEI will be turned over to legal authorities upon request.
23. All Offers shall be based on GadgetTraders’ own determination of the Product value in reliance on the accuracy of the information you supply us. GadgetTraders will use its sole discretion to determine the Product value, considering factors which include the Product’s model, functionality and condition and whether Product accessories have been provided by you. Upon receiving an Offer, you have the option of accepting or rejecting that Offer. Acceptance indicates you are willing to provide your Product to GadgetTraders at the price contained in the Offer. If you do not accept GadgetTraders’ Offer, that specific transaction immediately expires. If after rejecting the Offer you decide you want to accept the Offer, you will need to open another transaction with GadgetTraders, assuming the Product is still eligible for purchase, and the new Offer may be different as Product prices are subject to change. The condition of a trade-in may vary between categories and types of Products.
24. You must have all legal right, title, and interest in any and all Products you seek to sell to GadgetTraders and all Products must be able to be activated for new service (unless the Product is incapable of being activated because of its condition).
25. The Products, sale, and shipment of such items to GadgetTraders: (a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws, (b) must not infringe on any third party’s intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), and (c) shall not be counterfeit, stolen, or fraudulent. You represent and warrant that the Products are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due.
26. In using the Services of GadgetTraders, you expressly agree to indemnify GadgetTraders from all claims or losses sustained by GadgetTraders as a result of any breach of your representations and warranties. It is your responsibility to discontinue phone, internet or any similar service on your Product prior to selling it to GadgetTraders. GadgetTraders shall not be responsible for any service charges related to your Product, whether you incur such charges before, during or after your use of the Services. It is also your sole responsibility to remove any security codes that would prevent the use of any Product.
27. When packaging your Product to send to GadgetTraders, you must include all materials included in your description on which we based the Offer which may include software, accessories, adapters, and manuals. Your failure to include any items you represented to us when the Offer was calculated or sending us a Product which does not match your original description, may modify the final value of your Product and may result in a revised Offer.
28. For Products that store files and personal data on hard drives, memory chips, SD cards or some similar storage device, you must back up and store any data you wish to keep from your Product. You must also remove any and all personal information from the Product before you send your Product to GadgetTraders for Trade-In. By sending GadgetTraders the Product, you expressly agree to release GadgetTraders 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, or for such data’s security, integrity, confidentiality, disclosure or use. GadgetTraders is not responsible for: (a) any loss of any kind suffered by you due to any data which has not been deleted from the device and is transferred to a third party, or (b) any loss of data after you submitted the Product to us.
29. Your Trade-in Product must be shipped by GadgetTraders within FOURTEEN (14) days after you accept the original Offer provided by GadgetTraders (“Shipping Period”). Any item sent in past the FOURTEEN (14) day period is subject to a price adjustment to reflect the prices Offered at the date the item is actually received. Packing and shipping recommendations provided to you by GadgetTraders must be followed in order to avoid possible damage to or loss of the Product during shipping. GadgetTraders will inspect all Products upon receipt and GadgetTraders has the option to accept or reject the Product, including without limitation, to reject any Product: (a) not conforming to the description you provided to us, (b) modified in such a way that it no longer conforms to the manufacturers specifications, (c) no longer compliant with applicable laws or regulations, and (d) damaged or lost in transit. In the event GadgetTraders rejects the Product for any of these reasons, the original Offer shall automatically expire and is immediately rescinded. GadgetTraders reserves the right to revoke the original Offer and provide a revised Offer for the Product if the Product: (a) or materials are not as described, (b) is received by GadgetTraders after the Shipping Period, or (c) is different from those identified when the Offer was calculated. After sending the Product to GadgetTraders for Trade-In, GadgetTraders cannot and does not guarantee that it will be able to honor any request for return of the Product or any data or information contained in such Product. If you elect not to accept any revised Offer, your Product will be returned to you at the address from which it was originally sent.
30. You shall remain responsible for the risk-of-loss for the Products sent to GadgetTraders for Trade-In until delivery of the Products to GadgetTraders. GadgetTraders’ responsibility for risk-of-loss begins when GadgetTraders begins its inspection of the Products. In the event GadgetTraders rejects or returns your Products for any reason, GadgetTraders’ responsibility for risk-of-loss terminates once GadgetTraders delivers the package containing the Products to the carrier for return to you. In any event, you are responsible for any damages that may occur to your Product while in transit.
31. Title to the Product sent to GadgetTraders for Trade-In passes to GadgetTraders upon GadgetTraders’ acceptance of the Product for the original Offer or a new Offer. If the Product is returned to you, title shall not pass to GadgetTraders and shall remain with you.
32. Any Offer by GadgetTraders for your Product for Trade-In is nontransferable and not redeemable for any other consideration other than as outlined in the Offer.
33. GadgetTraders has the full right to send you SMS reminders in case you do not respond to emails that adjust your offer.
34. You expressly agree to fully comply with all import and export laws, regulations, rules of the United States, or any foreign government agency or authority, and that you will not directly or indirectly transfer any Product without proper authorization from the United States or foreign government. You shall have responsibility for any and all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances in order to convey any Product to GadgetTraders in connection with a Trade-In, including without limitation, valuation, classification and duties applicable with the import of any goods. PLEASE NOTE: United States trade sanctions generally prohibit the importation into the United States and its territories, either directly or indirectly, of most goods, technology, or services from, or which originated from certain countries, which are subject to change, including 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; and designated terrorists and narcotics traffickers. You shall not send any Products to GadgetTraders that violate this provision.
35. GadgetTraders cannot guarantee the accuracy of all information you receive in relation to your Product as there may be typographical errors, technical inaccuracies, pricing errors or other errors or omissions. GadgetTraders reserves the right, at any time prior to payment, to correct an error and change the Offer. In the event the Product has already been sent to GadgetTraders for Trade-In, the changed Offer will become a New Offer which you may accept or reject.
36. Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
37. You expressly agree to transact with us electronically, including without limitation, agreeing to terms and conditions of Offers. You authorize GadgetTraders to provide you with terms and important notices about GadgetTraders and your transactions to an email address you provide to us or by posting notices on GadgetTraders Websites. It is your duty to keep your email address current, accurate and up to date and to maintain a valid email address and to ensure that emails sent to you are not filtered or stopped by spam filters or other types of email blocking functions. If you no longer desire to transact electronically with us, you may no longer use the GadgetTraders Websites or the Services. You can retrieve and review this Agreement by clicking on the “Terms and Conditions” link at Gadgettraders.co.
38. You are responsible for obtaining, at your own expense, all equipment and services needed to access and use the Website, including all devices, internet browsers and internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for any and all fees your carrier may charge you for data, text messaging and other wireless access or communications services.
39. By using GadgetTraders Websites, you agree not to access any of the Services by any means other than through the user interface provided by GadgetTraders, and not to engage in any other activity that interferes with or disrupts the Services or performance of the GadgetTraders Websites. Specifically, you may not access or use any of GadgetTraders Websites or Services using scripts, web crawlers or any similar methods.
40. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE SERVICES AND WEBSITES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH GADGETTRADERS WILL MEET YOUR REQUIREMENTS.
41. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GADGETTRADERS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE “GADGETPICKUP PARTIES”) BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL 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 YOUR TRANSACTIONS WITH GADGETPICKUP UNDER THIS AGREEMENT REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF GADGETPICKUP AND THE GADGETPICKUP PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICES AND GADGETPICKUP WEBSITES EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US OR (II) FIFTY AND 00/100 DOLLARS ($50.00). THE LIMITATIONS SET FORTH IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, MALICIOUS OR RECKLESS MISCONDUCT.
42. You agree to indemnify, defend, and hold harmless GadgetTraders and the GadgetTraders Parties 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 violation or breach of any representation or obligation under this Agreement. GadgetTraders reserves 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 any such claim.
43. This Agreement constitutes the entire agreement between you and GadgetTraders with respect to the subject matter herein. No waiver by GadgetTraders of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
44. The GadgetTraders Website(s) and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. GadgetTraders therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the content at any time without prior notice. GadgetTraders does not, however, guarantee that any or all errors, inaccuracies, or omissions will be corrected.
45. GadgetTraders reserves the right to modify this Agreement at any time without notice to you. If you do not agree to the changes, you shall discontinue using the GadgetTraders Websites and the Services. Your continued use of any GadgetTraders Website and Services after any such changes take effect constitutes your express acceptance to such changes. Each time you submit a Product for sale to GadgetTraders, you reaffirm your acceptance of this Agreement as in effect at the time of such use. You are responsible for reviewing this Agreement each time you use the GadgetTraders Websites and/or the GadgetTraders Websites. The last date of revisions to this Agreement is set forth below.
46. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and to the exclusion of the law of any other forum.
47. EXCEPT AS MAY BE PRECLUDED BY APPLICABLE LAW, ANY CONTROVERSY OR CLAIM BETWEEN YOU AND GADGETPICKUP ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ALLEGED BREACH HEREOF OR THE RELATIONSHIP CREATED HEREBY, INCLUDING ANY ISSUES PERTAINING TO THE ARBITRABILITY OF SUCH CONTROVERSY OR CLAIM AND ANY CLAIM THAT THIS AGREEMENT OR ANY PART HEREOF IS INVALID, ILLEGAL, OR OTHERWISE VOIDABLE OR VOID, SHALL BE SUBMITTED TO AND RESOLVED EXCLUSIVELY BY BINDING ARBITRATION CONDUCTED BEFORE AND IN ACCORDANCE WITH THE DISPUTE RESOLUTION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), BY ONE ARBITRATOR SELECTED BY YOU AND GADGETTRADERS. YOU AND GADGETTRADERS SHALL INITIALLY SHARE EQUALLY THE ARBITRATOR’S FEES AND COSTS. IF EITHER PARTY FAILS TO TIMELY PAY ITS SHARE OF THE FEES AND COSTS, THE ARBITRATOR SHALL ENTER A DEFAULT AGAINST THE NON-PAYING PARTY ON THE CLAIMS AND DEFENSES IN THE MATTER, PROVIDED, THAT GADGETTRADERS RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO ADVANCE YOUR SHARE OF THE COSTS OF ANY ARBITRATION PROCEEDING IN ORDER FOR SUCH ARBITRATION PROCEEDING TO TAKE PLACE AND BY DOING SO SHALL NOT BE DEEMED TO HAVE WAIVED OR RELINQUISHED GADGETTRADERS’ RIGHT TO SEEK THE RECOVERY OF THOSE COSTS IN ACCORDANCE WITH THIS SECTION. THE ARBITRAL DECISION, WHETHER BY DEFAULT OR AFTER HEARING, SHALL BE BINDING AND CONCLUSIVE ON YOU AND GADGETTRADERS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE PROCEEDINGS SHALL BE HELD IN SAN JOAQUIN, CALIFORNIA. A LEGAL JUDGMENT BASED UPON THE ARBITRATOR’S AWARD MAY BE ENTERED IN ANY COURT IN AND FOR SAN JOAQUIN, CALIFORNIA HAVING JURISDICTION OVER THE MATTER. THE PREVAILING PARTY IN THE ARBITRATION SHALL BE ENTITLED TO AN AWARD AGAINST THE NON-PREVAILING PARTY REIMBURSING THE ARBITRATOR’S FEES AND COSTS IT ADVANCED AND FOR PAYMENT OF ALL ATTORNEYS’ FEES AND COSTS RELATING TO THE ARBITRATION. YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT TO ARBITRATE CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY ON ANY MATTERS COVERED BY THIS AGREEMENT TO ARBTIRATE.
48. GadgetTraders reserves the right to investigate complaints or reported violations of this Agreement and take any action GadgetTraders deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and Website traffic information. GadgetTraders reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to the right to block access from a particular internet address to any GadgetTraders website. This Agreement incorporates by reference any agreements contained on the Website and constitutes the entire agreement with respect to access to and use of the Website.
49. A customer that engages in business with GadgetTraders via an affiliated website understands that GadgetTraders shall NOT be responsible for any concerns the customer may have beyond the scope of the terms and conditions as outlined in this Agreement. Any such issue should be taken directly to the company with which you have the grievance and NOT GadgetTraders.
50. All content on GadgetTraders including content, images, technologies etc. are the SOLE property of GadgetTraders and are protected by trademark laws. Content may NOT be used or copied without the consent of GadgetTraders.
51. If any provision of this Agreement is found to be unlawful, void, invalid or unenforceable, that provision will be severed from this Agreement and the remainder of this Agreement shall continue to be binding and enforceable.
Last Updated: April 1st, 2024