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Terms and Conditions of Use
Thank You for choosing Auction Cellular. Auction Cellular and/or its affiliates ("Auction Cellular") provide through its auctions, direct sales, online and indirect sales, feature products and services for purchase or bid at Auction Cellular. Auction Cellular products or services are solely owned or titled for sale by Auction Cellular. Use of any Auction Cellular applications, software, web portal, selling techniques, proprietary information is for purchase or bid of Auction Cellular products and services only. Products and Services provided by Auction Cellular in connection with any of the foregoing (collectively, "Auction Cellular") are subject to the following Terms and Conditions, Terms of Service and Privacy Policy.
In exchange for the approved user license you agree to the following Terms and Conditions.
PLEASE READ CAREFULLY ALL TERMS AND CONDITIONS
Auction Cellular offers a varity of products and services, and sometimes-additional terms may apply. When you use Auction Cellular your profile or any information collected to include but not limited to (email address, videos, comments, texts, sms, mms, photos, online chats, mobile phone numbers, landline and fax lines) provided by the account holder or third party will be subject to the guidelines, Terms and Conditions, Terms of Service and Privacy Policy applicable to Auction Cellular. If any conditions of use are inconsistent the Terms and Conditions "Terms and Conditions" shall govern.
PRIVACY
Please review our Privacy Policy, which also governs your use of Auction Cellular.
ELECTRONIC COMMUNICATIONS
When you use any Auction Cellular, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices and messages on this website or Auction Cellular. You may retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
Content included in or made available through Auction Cellular, such as graphics, logos, images, audio clips, digital downloads, data compilations and software are the property of Auction Cellular or suppliers and protected by United States and international copyright laws.
TRADEMARKS
Auction Cellular trademarks may not be used in connection with any product or service that is not Auction Cellular, causes confusion among customers, or in any manner that will defame or discredit Auction Cellular. All other trademarks not owned by Auction Cellular that appear in any Auction Cellular Collateral, website or marketing are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Auction Cellular.
LICENSE AND ACCESS
Subject to your compliance with these Terms and Conditions, Terms of Service, Privacy Policy and Approved Registration, Auction Cellular grants you a limited, exclusive, non-transferable user license to access and use Auction Cellular. This user license does not include any resale or commercial use of any Auction Cellular contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Auction Cellular or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions or any Service Terms are reserved and retained by Auction Cellular or its licensors, suppliers, agents and resellers. No part of Auction Cellular, may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose without express written consent of Auction Cellular. Auction Cellular prohibits use of any third party meta tags, macros, text utilization, keystrokes, cloning devices, software or unknown utilities to duplicate Auction Cellulars name, URL (.com, .net, .info, etc…), auction format, marketing material, product condition status, data/product tables, category headers or trademarks without the express written consent of Auction Cellular. At no time may another party misrepresent its affiliation with Auction Cellular. You may use Auction Cellular only as permitted by written consent or law. The User licenses granted by Auction Cellular terminate if you do not comply with these Terms and Conditions or Service Terms and Privacy Policy.
YOUR ACCOUNT
If you use Auction Cellular, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Auction Cellular reserves the right to refuse service, terminate accounts, remove or edit content, or cancel your user access at its sole discretion.
COPYRIGHT COMPLAINTS
Auction Cellular respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at contact@auctioncellular.com
RISK OF LOSS
All items purchased from Auction Cellular are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Auction Cellular does not take title to returned items until the item arrives at our managed facilities. All products and services sold on Auction Cellular are sold in condition described by line item or auction. Returns will only be accepted for products and services grossly misrepresented by Auction Cellular. Auction Cellular and the Account in dispute shall work for fair resolution to any and all discrepancies. Since Auction Cellular is a by invitation format it is assumed that Auction Cellular and the account holder are familiar with general industry standards and conditions for purchasing electronics, mobile devices and accessories. For more information about our returns and refunds, please email us at contact@auctioncellular.com
PRODUCT DESCRIPTIONS
Auction Cellular attempts to be as accurate as possible. However, Auction Cellular does not warrant that product descriptions or other content of any Auction Cellular is accurate, complete, reliable, current, or error-free. If a product offered by Auction Cellular itself is not as described, you may contact us at contact@auctioncellular.com.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
AUCTION CELLULAR AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH AUCTION CELLULAR ARE PROVIDED BY AUCTION CELLULAR ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AUCTION CELLULAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF AUCTION CELLULAR, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH AUCTION CELLULAR, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF AUCTION CELLULAR IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AUCTION CELLULAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUCTION CELLULAR DOES NOT WARRANT THAT THE AUCTION CELLULAR, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH AUCTION CELLULAR, AUCTION CELLULAR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM AUCTION CELLULAR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUCTION CELLULAR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AUCTION CELLULAR, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH AUCTION CELLULAR, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTES
Any dispute or claim relating in any way to your use of any Auction Cellular, or to any products or services sold or distributed by Auction Cellular will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
APPLICABLE LAW
By using any Auction Cellular, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort between you and Auction Cellular.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our Site, Policies, Terms and Conditions, Terms of Service and Privacy Policy at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
Auction Cellular
5705 Commerce Blvd
Suite 100
Alpharetta GA 30004
Additional Auction Cellular Terms
- Use of the Auction Cellular auction platform. We reserve the right to terminate your right to use the Auction Cellular auction platform at any time. Your rights to use the Auction Cellular auction platform will automatically terminate without notice from us if you fail to comply with any of the Terms and Conditions or Service Terms and Privacy Policy. When you use the Auction Cellular auction platform, you may also be using the services of one or more third parties, such as a Payment Platform, Posa, Banking Institution, Mobile Carrier, Internet Provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Auction Cellular.
Last updated: January 23, 2017