Embedded Files
masterphonefix.store LLC and its subsidiaries, affiliates,
and assigns (“masterphonefix,” “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 masterphonefix (“Offer”) and identifying your Product and its
condition and completing check-out on the masterphonefix Website
("Trade-In"). You must agree to abide by the following terms in order
to use the masterphonefix Website and Services provided.
BY ESTABLISHING AN ACCOUNT WITH, OR BY USING
masterphonefix'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 masterphonefix WEBSITE(S). ANY AMENDED TERMS SHALL
AUTOMATICALLY BECOME EFFECTIVE IMMEDIATELY UPON POSTING.
masterphonefix reserves the right to terminate or suspend
your use of any masterphonefix Website and Service if you do not comply with this
Agreement or any of masterphonefix 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 masterphonefix's website(s). These terms shall also
govern your use of any masterphonefix's website ("masterphonefix
Websites").
In order to complete a Trade-In or to complete any other
transaction with masterphonefix, 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.
masterphonefix may pay you, at masterphonefix's sole discretion, by mailing you
a check or paying you through PayPal™ or some other electronic payment method.
masterphonefix 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
masterphonefix and masterphonefix 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) masterphonefix 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 masterphonefix 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 masterphonefix.
masterphonefix constantly evaluates Product pricing based on
a variety of factors, including market conditions and condition of the Product.
masterphonefix does not price match other companies and does not provide price
adjustments once a payment is complete.
masterphonefix wants to keep the process of submitting your
electronics to masterphonefix as simple as possible. Although pricing is
subject to change, ninety percent (90%) of the time, you receive the amount you
were initially quoted when you chose to submit to masterphonefix. 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.
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.
Fair: This condition is for an item that shows excessive
signs of wear. Such an item must still be one hundred percent (100%)
functional.
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.
masterphonefix 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
masterphonefix 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 masterphonefix
Technical Specialist may pinpoint. Based on masterphonefix's analysis,
masterphonefix 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 masterphonefix 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 masterphonefix 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.
masterphonefix has the sole discretion to make the final
evaluation of all electronic devices sent to masterphonefix. masterphonefix
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, masterphonefix 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 masterphonefix has
quoted you is valid for TWENTY-ONE (21) days. If we receive your item AFTER
TWENTY-ONE (21) days, masterphonefix shall re-evaluate your item and price it
at the CURRENT market value.
masterphonefix determines, in its sole discretion, which
Products are eligible for Trade-In or through the Services and masterphonefix
Websites and for which eligible Products masterphonefix will provide an Offer.
masterphonefix 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 TWENTY-ONE (21)
days.
Damaged/Tampered/Modified Electronic Devices. In our
“broken” category, masterphonefix 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,
masterphonefix shall adjust the price accordingly. In the event
masterphonefix's Technical Specialists determine that any device has been
opened and tampered with, masterphonefix 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. masterphonefix 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%, masterphonefix 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 masterphonefix's long term relationship
with masterphonefix's customers, masterphonefix offers an incentive program in
which masterphonefix give you a set amount for each person you refer to
masterphonefix. masterphonefix sends these payments out in bulk at the end of
the month to each of masterphonefix'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
masterphonefix. This allows time for the shipping company as well as assuring the
devices are delivered to masterphonefix's office.
Testing: Once masterphonefix has received your electronic
device(s) it takes a period of 4 to 7 business days for masterphonefix'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 masterphonefix has assessed the status of
your phone masterphonefix will send your payment in the method you have
selected or send you a new Offer if masterphonefix 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, masterphonefix shall
deem that you have accepted masterphonefix'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
masterphonefix account. Please note that if you select PayPal™, you will be
responsible for the fee associated with any PayPal™ transaction.
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.
Returns: If masterphonefix provides you a new Offer because
masterphonefix's Technical Specialists determine your own assessment of your
device is inaccurate, and you decline the new Offer, masterphonefix 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 masterphonefix's email regarding the new Offer within
THREE (3) days, masterphonefix will continue with the processing. If your item
has NO VALUE in accordance to masterphonefix assessment and you do not respond
to our emails within the THREE (3) days, WE WILL RECYCLE your device and you
will receive no payment or the return of said item. In order to test your
device(s), masterphonefix'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 masterphonefix shall NOT be responsible for
these items. Once a Product has been sent to masterphonefix, masterphonefix
does not guarantee that masterphonefix will return the Product or any data that
you wish to keep back to you, unless you have chosen to not accept masterphonefix'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.
Device Locked: We do NOT purchase devices that are
Activation locked, Find My locked, FRP locked, Google locked, Samsung locked or
Firmware locked. You must remove any security features before we can process
them. If we receive a device that has a device lock that can not be removed, we
are unable to purchase it and will be charged a return fee, which covers the
cost of handling and in/outbound shipping labels. If we don't hear back from
you after THIRTY (30) days from the date of the email notifying you of the
device lock, we will assume the device has been abandoned and will recycle your
device.
Items Not in our Catalog: If you do not find your item in
our selling catalog, you can reach out to us for a custom quote. If you send an
item that we do not accept, you will have the option to recycle that item to us
or be charged a return fee, which covers the cost of handling and in/outbound
shipping labels.
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 devices that are flagged as Lost or Stolen. Your personal
information along with the device's Serial/IMEI will be turned over to legal
authorities upon request.
All Offers shall be based on masterphonefix's own
determination of the Product value in reliance on the accuracy of the
information you supply us. masterphonefix 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 masterphonefix at the price contained in the Offer. If you do not
accept masterphonefix'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 masterphonefix, 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 masterphonefix 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
masterphonefix: (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 masterphonefix, you expressly agree
to indemnify masterphonefix from all claims or losses sustained by
masterphonefix 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 masterphonefix.
masterphonefix 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 masterphonefix, 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
masterphonefix for Trade-In. By sending masterphonefix the Product, you
expressly agree to release masterphonefix 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. masterphonefix 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 masterphonefix
within TWENTY-ONE (21) days. Any item received past the TWENTY-ONE (21) 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 masterphonefix must be followed in order to avoid possible
damage to or loss of the Product during shipping. masterphonefix will inspect
all Products upon receipt and masterphonefix 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 masterphonefix rejects the Product for any of these
reasons, the original Offer shall automatically expire and is immediately
rescinded. masterphonefix 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 masterphonefix after the Delivery Period,
or (c) is different from those identified when the Offer was calculated. After
sending the Product to masterphonefix for Trade-In, masterphonefix 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 masterphonefix for Trade-In until delivery of the Products to
masterphonefix. masterphonefix's responsibility for risk-of-loss begins when
masterphonefix begins its inspection of the Products. In the event
masterphonefix rejects or returns your Products for any reason,
masterphonefix's responsibility for risk-of-loss terminates once masterphonefix
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 masterphonefix for Trade-In
passes to masterphonefix upon masterphonefix'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 masterphonefix and shall remain with you.
Any Offer by masterphonefix 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 masterphonefix 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 masterphonefix that violate this provision.
masterphonefix 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. masterphonefix 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 masterphonefix for Trade-In, the changed Offer will become a New
Offer which you may accept or reject.
Please refer to our Privacy Policy at masterphonefix.store/privacy-policy for
information about how we collect, use and disclose information about you. This
Privacy Policy is hereby incorporated and made part of these Terms.
You expressly agree to transact with us electronically,
including without limitation, agreeing to terms and conditions of Offers. You
authorize masterphonefix to provide you with terms and important notices about
masterphonefix and your transactions to an email address you provide to us or
by posting notices on masterphonefix 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
masterphonefix Websites or the Services. You can retrieve and review this
Agreement by clicking on the "Terms and Conditions" link at masterphonefix.store/terms-and-conditions.
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 masterphonefix Websites, you agree not to access
any of the Services by any means other than through the user interface provided
by masterphonefix, and not to engage in any other activity that interferes with
or disrupts the Services or performance of the masterphonefix Websites.
Specifically, you may not access or use any of masterphonefix 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 masterphonefix WILL MEET YOUR REQUIREMENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL masterphonefix OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE "masterphonefix
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 masterphonefix 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
masterphonefix AND THE masterphonefix PARTIES (JOINTLY) ARISING OUT OF OR
RELATING TO YOUR ACCESS TO OR USE OF THE SERVICES AND masterphonefix 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
masterphonefix and the masterphonefix 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. masterphonefix 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 masterphonefix with respect to the subject matter herein. No waiver by
masterphonefix of any breach or default hereunder shall be deemed to be a
waiver of any preceding or subsequent breach or default.
The masterphonefix 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. masterphonefix therefore
reserves the right to correct any errors, inaccuracies or omissions and to
change or update the content at any time without prior notice. masterphonefix
does not, however, guarantee that any or all errors, inaccuracies, or omissions
will be corrected.
masterphonefix 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 masterphonefix Websites and the Services. Your
continued use of any masterphonefix 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 masterphonefix, 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 masterphonefix Websites and/or
the masterphonefix 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 masterphonefix 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 masterphonefix. YOU AND
masterphonefix 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 masterphonefix 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 masterphonefix'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 masterphonefix. 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.
masterphonefix reserves the right to investigate complaints
or reported violations of this Agreement and take any action masterphonefix
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. masterphonefix 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 masterphonefix 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 masterphonefix via
an affiliated website understands that masterphonefix 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
masterphonefix.
All content on masterphonefix including content, images,
technologies etc. are the SOLE property of masterphonefix and are protected by
trademark laws. Content may NOT be used or copied without the consent of
masterphonefix.
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: March 11th, 2025
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