1) We have a 28-day Price Lock guarantee i.e. you have THIRTY (30) days for us to receive your device (Please consider delays within the shipping services right now due to the pandemic). This is why we strongly advise to ship within 21 days.
2) Please attached an invoice or your offer number with every shipment you are sending in. We cannot honor our normal payout process if the offer number is not found with the package (We have to manually look up the offer via the shipping address). IF AN OFFER NUMBER OR OFFER DETAILS ARE NOT ATTACHED TO YOUR PACKAGE IT MAY DELAY AN ADDITIONAL 48-72 HOURS.
3) INSPECTION PROCESS: if an item is delivered in the afternoon it will be checked in the following business day. After check-in, the following day our inspection process occurs where we check the functionality of the phone i.e. cameras, speakers, locked status, buttons, etc. Next, if everything checks out we may initiate payout! If it is not, we will contact you with the inspection and go to FAQ 4 below. Our average payout time is 1-3 business days!
4) If items are “not as described,” for example, mint vs. good or good vs. fair we will film or take photos of every inspection as to why we cannot honor a certain price. We will give the option of the adjusted payment or the option to ship back at the buyer’s expense (For more on this please refer to our RETURNS section found here on our Terms of Service). IF YOUR ITEM IS “NOT AS DESCRIBED” IT MAY DELAY AN ADDITIONAL 48-72 HOURS (BASICALLY A SECOND INSPECTION PROCESS WILL HAVE TO BE DONE [THERE MAYBE LONGER DELAYS DUE TO COVID]). DEDUCTIONS WILL BE TAKEN FOR DEEP OR EXCESSIVE SCRATCHES.
5) Deductions will taken for Non-OEM/After-Market Parts. Deductions will be taken for dents, chipping, discoloration within the housing/frame. Some extreme heavy/deep scratching may have to be bought as broken, due to the fact, that in order to get the phone up to par your screen will have to be changed/replaced.
6) Some iPhone models have factory defects. All iPhone’s must be updating and working on the latest iOS software. If your phone is sent in not updated to the latest software, we will need to update once we receive your iPhone. We have the right to return your iPhone if is has a defect or issue. Some common examples for iPhone factory defects are: iPhone 7 & 7 Plus Audio IC issue, iPhone 6 Plus Touch Issue, and iPhone 8 Plus camera issues. For more on this please refer to section 19.
7) AT&T does have a linkage staying on accounts as of 2021 where some status say, “still active on account.” For this we will reach out to you and you have the option to remove is simply by calling customer service or you may be subject to our unlocking method which removes the device from the active account so the next consumer may be allowed use. We will give you all options for this, but may not issue payment until we are allowed use of the account!
Same goes for other carriers and companies. If your phone is sent in as “Unlocked” but is still locked to a specific carrier, you will be allowed the time to call your carrier and asked for your phone to be factory unlocked; if your phone is paid off there should not be an issue.
iCellGlobal.com LLC and its subsidiaries, affiliates, and assigns (“iCellGlobal,” “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 iCellGlobal (“Offer”) and identifying your Product and its condition and completing check-out on the iCellGlobal Website (“Trade-In”). You must agree to abide by the following terms in order to use the iCellGlobal Website and Services provided.
BY ESTABLISHING AN ACCOUNT WITH, OR BY USING ICELLGLOBAL’S 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 ICELLGLOBAL WEBSITE(S). ANY AMENDED TERMS SHALL AUTOMATICALLY BECOME EFFECTIVE IMMEDIATELY UPON POSTING.
- iCellGlobal reserves the right to terminate or suspend your use of any iCellGlobal Website and Service if you do not comply with this Agreement or any of iCellGlobal policies or procedures, or for any other reason we may determine, at our sole discretion.
- These terms govern any Offer you receive to sell your Product to or through iCellGlobal’s website(s). These terms shall also govern your use of any iCellGlobal’s website (“iCellGlobal Websites”), as outlined in the Website User Agreement, the Services and any and all applications included therein, which terms are located at www.iCellGlobal.com/legal, and any supplemental terms or policies that accompany a specific transaction, feature or application, collectively, make up an agreement between you and iCellGlobal (“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
- In order to complete a Trade-In or to complete any other transaction with iCellGlobal, 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.
- 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. iCellGlobal may pay you, at iCellGlobal’s sole discretion, by mailing you a check or paying you through PayPal or some other electronic payment method.
- iCellGlobal 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 iCellGlobal and iCellGlobal 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) iCellGlobal 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 iCellGlobal has no obligation to you if any of your unclaimed funds are turned over to any governmental authority in accordance with applicable laws.
- State Sales Tax will apply to all items shipped to states and jurisdictions in which we are legally obligated to collect sales tax.
- Shipping is free domestically in the United States and the choice of shipping companies shall be at the sole discretion of iCellGlobal.
- iCellGlobal constantly evaluates Product pricing based on a variety of factors, including market conditions and condition of the Product. iCellGlobal does not price match other companies and does not provide price adjustments once a payment is complete.
- iCellGlobal wants to keep the process of submitting your electronics to iCellGlobal as simple as possible. Although pricing is subject to change, ninety percent (99%) of the time, you receive the amount you were initially quoted when you chose to submit to iCellGlobal. NOTE: DEDUCTIONS WILL BE TAKEN FOR DEEP SCRATCHES. There are four categories that you can assign to your Product and they range from Brand New to Broken as further described below:
- Brand New: This condition is for an item that is still in factory original packaging. Must come with the box and all accessories sealed/untouched.
- Flawless: This condition is for an item that is new or in nearly perfect condition with one hundred percent (100%) functionality. FOR ACCURATE CONDITION; PLEASE CLEAN PHONE WITH A CLOTH AND PLACE UNDER GOOD LIGHTING; MICRO-SCRATCHING WILL BE TERMED GOOD.
- Good: This condition is for an item that has light to moderate signs of wear but is still in good condition. This item is still one hundred percent (100%) functional. DEEP SCRATCHING WILL BE TERMED FAIR.
- Fair: This condition is for an item that shows excessive signs of wear. Such an item must still be one hundred percent (100%) functional. EXCESSIVE SCRATCHING OR DEEP SCRATCHING MAY BE SUBJECT TO FURTHER DEDUCTIONS LOWER THAN FAIR PRICING.
- Broken: This condition is for an item that is suffering from physical functionality, hard signs of wear as well as possible broken parts. Such an item must still be fully functional.
- 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. iCellGlobal 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 iCellGlobal 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 an iCellGlobal Technical Specialist may pinpoint. Based on iCellGlobal’s analysis, iCellGlobal may adjust the price of your electronic device accordingly. Adjustments may be made because you have indicated the wrong model of your device or because iCellGlobal Technical Specialist finds that the condition of your electronic device is not as you have represented. On a positive note, we may also give you MORE than what you have originally thought you deserved for your Product based on the analysis by an iCellGlobal Technical Specialist. If you are unsure about how to categorize your electronic device, please contact us and we will be more than happy to assist you.
- iCellGlobal has the sole discretion to make the final evaluation of all electronic devices sent to iCellGlobal. iCellGlobal will notify you if there is a change in the pricing of your Product and you will then have THREE (3) days to accept the new Offer. If you have not contacted us within those THREE (3) days, iCellGlobal shall presume you have accepted the new Offer and proceed with sending you the payment for the adjusted in the form of payment you have selected. The price iCellGlobal has quoted you is valid for THIRTY (30) days. If we receive your item AFTER THIRTY (30) days, iCellGlobal shall re-evaluate your item and price it at the CURRENT market value.
- iCellGlobal determines, in its sole discretion, which Products are eligible for Trade-In or through the Services and iCellGlobal Websites and for which eligible Products iCellGlobal will provide an Offer. iCellGlobal 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 SEVEN (7) days. Accepting an offer is once we reach out via phone or email to confirm your offer amount and payment details i.e. the customer (CLIENT) confirms this information back.
- Damaged/Tampered/Modified Electronic Devices. In our “broken” category, iCellGlobal has attempted to include the vast majority of extreme damages inflicted on your electronic devices but certain “extreme” damages are beyond the scope of this category, and if that is the case, iCellGlobal shall adjust the price accordingly. In the event iCellGlobal’s Technical Specialists determine that any device has been opened and tampered with, iCellGlobal we will adjust the price we originally Offered in accordance with this Agreement.
- 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. iCellGlobal 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.
- Battery Life: If the battery life of your device last less than one hour or found to be less than 80%, iCellGlobal shall adjust the price accordingly to represent a properly working device with a poor battery life.
- Engraving: Any device received with a personal engraving will be adjusted accordingly. Generally, the device will be downgraded by one tier.
- Incentive Program: To maintain iCellGlobal’s long term relationship with iCellGlobal’s customers, iCellGlobal offers an incentive program in which iCellGlobal give you a set amount for each person you refer to iCellGlobal. iCellGlobal sends these payments out in bulk at the end of the month to each of iCellGlobal’s loyal customers.
- The Process:
- Shipping: Once you have shipped out your electronic device(s), please allow up to five (5) business days for them to get to iCellGlobal. This allows time for the shipping company as well as assuring the devices are delivered to iCellGlobal’s office.
- Testing: Once iCellGlobal has received your electronic device(s) it takes a period of 3 to 5 business days for iCellGlobal’s Technical Specialists to analyze the status of your device. If your device does not include all the necessary accessories for testing, please allow more time for testing.
- Payment: After iCellGlobal has assessed the status of your phone iCellGlobal will send your payment in the method you have selected or send you a new Offer if iCellGlobal determines that your electronic device(s) are not in accordance with the condition you had originally selected. You will have up to THREE (3) days to accept or decline this Offer. If you DO NOT respond within THREE (3) days, iCellGlobal shall deem that you have accepted iCellGlobal’s Offer, and send you your payment. Please allow up to THREE (3) days for processing. You always have the ability to track what stage of the process your device(s) are in from your iCellGlobal account. Please note that if you select PayPal, you will be responsible for the fee associated with any PayPal transaction.
- Checks: Due to the circumstances under COVID-19, we have seen postal mail take up to 3-4 weeks in some instances.
Please work with in these hard times in the pandemic and if it goes past 1 month with the check not being delivered, we will have to call our bank, issue a stop payment on that check number, and reissue another or a different payment method of your choice. USPS website currently states it can take up to 9-13 business days to receive some mail.
- 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.
- Non-major CDMA: For cell phones that have a carrier which is not a CDMA phone carrier, that is, NOT VERIZON, SPRINT, your payment may be delayed for SEVEN (7) business days for additional processing.
If iCellGlobal provides you a new Offer because iCellGlobal’s Technical Specialists determine your own assessment of your device is inaccurate, and you decline the new Offer, iCellGlobal will return your electronic device to you for free. If your order has multiple items, we will only return the item relating to a new Offer for that item. The remaining items cannot be returned even if you decline the new Offer for the other item. If you do not respond to iCellGlobal’s email regarding the new Offer within SEVEN (7) days, iCellGlobal will continue with the processing. If your item has NO VALUE in accordance to iCellGlobal assessment and you do not respond to our emails within the SEVEN (7) days, WE WILL RECYCLE your device and you will receive no payment or the return of said item. Some iPhone models have factory defects. All iPhone’s must be updating and working on the latest iOS software. If your phone is sent in not updated to the latest software, we will need to update once we receive your iPhone. We have the right to return your iPhone if is has a defect or issue. Some common examples for iPhone factory defects are: iPhone 7 & 7 Plus Audio IC issue, iPhone 6 Plus Touch Issue, and iPhone 8 Plus camera issues. IF YOUR PHONE IS UPDATED BY OUR CONSENT AND RUNS INTO ONE IF THESE PROBLEMS,WE ARE NOT RESPONSIBLE. ONCE AGAIN ALL IPHONES MUST BE UPDATED TO THE LATEST iOS; WE WILL UPDATE YOUR IPHONE ONCE HERE AND ARE NOT RESPONSIBLE IF A DEFECT COMES ABOUT. If your item does have value in according to assessment but is found to be: lost or stolen, have an activation or iCloud lock, was found to have a bad IMEI/ESN or financed IMEI/ESN or was significantly misrepresented (See bullets below) and you do not respond to our email with Thirty (30) days, again, WE WILL RECYCLE your device and you will receive no payment or the return of said item. In order to test your device(s), iCellGlobal’s Technical Specialists do remove the casing and protective layers of your device. If during this process you ask for your device(s) back, please note that iCellGlobal shall NOT be responsible for these items. Once a Product has been sent to iCellGlobal, iCellGlobal does not guarantee that iCellGlobal will return the Product or any data that you wish to keep back to you, unless you have chosen to not accept iCellGlobal’s new Offer. Please note that free return shipping does NOT apply in the following scenarios:
- Item was significantly misrepresented.
- Item was found to be reported lost or stolen.
- Item was found to have an Activation or iCloud lock.
- Item was found to have a bad ESN or financed IMEI.
- All Offers shall be based on iCellGlobal’s own determination of the Product value in reliance on the accuracy of the information you supply us. iCellGlobal 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 iCellGlobal at the price contained in the Offer. If you do not accept iCellGlobal’s 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 iCellGlobal, 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.
- You must have all legal right, title, and interest in any and all Products you seek to sell to iCellGlobal and all Products must be able to be activated for new service (unless the Product is incapable of being activated because of its condition).
- The Products, sale, and shipment of such items to iCellGlobal: (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.
- In using the Services of iCellGlobal, you expressly agree to indemnify iCellGlobal from all claims or losses sustained by iCellGlobal 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 iCellGlobal. iCellGlobal 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.
- When packaging your Product to send to iCellGlobal, 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.
- 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 iCellGlobal for Trade-In. By sending iCellGlobal the Product, you expressly agree to release iCellGlobal 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. iCellGlobal 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.
- Your Trade-in Product must be received by iCellGlobal within FOURTEEN (14) days after you accept the original Offer provided by iCellGlobal (“Delivery 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 iCellGlobal must be followed in order to avoid possible damage to or loss of the Product during shipping. iCellGlobal will inspect all Products upon receipt and iCellGlobal 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 iCellGlobal rejects the Product for any of these reasons, the original Offer shall automatically expire and is immediately rescinded. iCellGlobal 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 iCellGlobal after the Delivery Period, or (c) is different from those identified when the Offer was calculated. After sending the Product to iCellGlobal for Trade-In, iCellGlobal 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.
- You shall remain responsible for the risk-of-loss for the Products sent to iCellGlobal for Trade-In until delivery of the Products to iCellGlobal. iCellGlobal’s responsibility for risk-of-loss begins when iCellGlobal begins its inspection of the Products. In the event iCellGlobal rejects or returns your Products for any reason, iCellGlobal’s responsibility for risk-of-loss terminates once iCellGlobal 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.
- Title to the Product sent to iCellGlobal for Trade-In passes to iCellGlobal upon iCellGlobal’s acceptance of the Product for the original Offer or a new Offer. If the Product is returned to you, title shall not pass to iCellGlobal and shall remain with you.
- Any Offer by iCellGlobal for your Product for Trade-In is nontransferable and not redeemable for any other consideration other than as outlined in the Offer.
- 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 iCellGlobal 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 iCellGlobal that violate this provision.
- iCellGlobal 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. iCellGlobal 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 iCellGlobal for Trade-In, the changed Offer will become a New Offer which you may accept or reject.
- You expressly agree to transact with us electronically, including without limitation, agreeing to terms and conditions of Offers. You authorize iCellGlobal to provide you with terms and important notices about iCellGlobal and your transactions to an email address you provide to us or by posting notices on iCellGlobal 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 iCellGlobal Websites or the Services. You can retrieve and review this Agreement by clicking on the “Terms and Conditions” link at www.iCellGlobal.com.
- 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.
- By using iCellGlobal Websites, you agree not to access any of the Services by any means other than through the user interface provided by iCellGlobal, and not to engage in any other activity that interferes with or disrupts the Services or performance of the iCellGlobal Websites. Specifically, you may not access or use any of iCellGlobal Websites or Services using scripts, web crawlers or any similar methods.
- 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 ICELLGLOBAL WILL MEET YOUR REQUIREMENTS.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ICELLGLOBAL OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE “ICELLGLOBAL 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 ICELLGLOBAL 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 ICELLGLOBAL AND THE ICELLGLOBAL PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICES AND ICELLGLOBAL 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.
- You agree to indemnify, defend, and hold harmless iCellGlobal and the iCellGlobal 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. iCellGlobal 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.
- This Agreement constitutes the entire agreement between you and iCellGlobal with respect to the subject matter herein. No waiver by iCellGlobal of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
- The iCellGlobal 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. iCellGlobal therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the content at any time without prior notice. iCellGlobal does not, however, guarantee that any or all errors, inaccuracies, or omissions will be corrected.
- iCellGlobal 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 iCellGlobal Websites and the Services. Your continued use of any iCellGlobal 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 iCellGlobal, 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 iCellGlobal Websites and/or the iCellGlobal Websites. The last date of revisions to this Agreement is set forth below.
- 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.
- EXCEPT AS MAY BE PRECLUDED BY APPLICABLE LAW, ANY CONTROVERSY OR CLAIM BETWEEN YOU AND ICELLGLOBAL 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 ICELLGLOBAL. YOU AND ICELLGLOBAL 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 ICELLGLOBAL 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 ICELLGLOBAL’S 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 ICELLGLOBAL. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE PROCEEDINGS SHALL BE HELD IN LAKE MARY, FLORIDA. A LEGAL JUDGMENT BASED UPON THE ARBITRATOR’S AWARD MAY BE ENTERED IN ANY COURT IN AND FOR SEMINOLE COUNTY, FLORIDA 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.
- iCellGlobal reserves the right to investigate complaints or reported violations of this Agreement and take any action iCellGlobal 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. iCellGlobal 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 iCellGlobal 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.
- A customer that engages in business with iCellGlobal via an affiliated website understands that iCellGlobal 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 iCellGlobal.
- All content on iCellGlobal including content, images, technologies etc. are the SOLE property of iCellGlobal and are protected by trademark laws. Content may NOT be used or copied without the consent of iCellGlobal.
- 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.
- The obligations in Sections 22-23, 25, 27-28, 30, 35-39, 42-44, and 46-47 shall survive termination of this Agreement.
Last Updated: February 18th, 2020