Terms of Use

These terms and conditions (the “Terms of Use”) govern your use of this website (the “Site”) and the services offered by Device Trade LLC (“Device Trade”).
Protecting your privacy and the personal information you provide is a top priority of Device Trade. For this reason, Device Trade does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. At Device Trade, we want our users to fully understand what information we collect, how we use this information, and the steps we take to protect your personal information. Please read the Privacy Policy, which is hereby incorporated by reference, to learn more about the policies and procedures Device
Trade has put in place to achieve this goal. Device Trade is not obligated to monitor user-generated content on the Site. However, with respect to the use of the services or the Site, Device Trade reserves the right to disclose any
information, communication, or materials as necessary to satisfy any applicable law, regulation, legal process, or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Site, in Device Trade’s sole discretion, without notice at any time.
You are responsible for safeguarding the confidentiality of your password(s) and login name(s) issued to you by Device Trade, and for any use or misuse of your account or the services or the Site resulting from any third party accessing your Device Trade user account or otherwise using a password or login name issued to you. You agree that you will notify Device Trade immediately of any known or suspected unauthorized use, breach of security, or violation of these Terms of Use, on or relating to the Site.
YOU AGREE THAT USE OF DEVICE TRADE’S SERVICES AND THE SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. DEVICE TRADE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DEVICE TRADE MAKES NO WARRANTY TO ANY PROSPECTIVE BUYER THAT THE DEVICES LISTED BY SELLERS ON THE DEVICE TRADE SITE HAVE IN FACT BEEN VERIFIED, OR THAT THE SELLERS ARE THE LEGAL OWNER OF SUCH DEVICES.
DEVICE TRADE MAKES NO WARRANTY THAT THE BUYER MAY USE THE DEVICE OR THAT THE SELLER MAY TRANSFER THE DEVICE WITHOUT VIOLATING ANY RIGHTS OF A THIRD PARTY. DEVICE TRADE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR DOES DEVICE TRADE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO
THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SITE.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE SITE OR ANY SERVICES OBTAINED THROUGH OR PROVIDED BY DEVICE TRADE IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM DEVICE TRADE OR THROUGH THE SERVICES PROVIDED BY DEVICE TRADE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED THEREIN.
IN NO EVENT SHALL DEVICE TRADE, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). DEVICE TRADE’S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER
OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. YOU AGREE TO INDEMNIFY AND HOLD DEVICE TRADE AND (AS APPLICABLE) DEVICE TRADE’S, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES, YOUR BREACH OF THESE TERMS OF USE OR ANY DOCUMENTS IT INCORPORATES BY
REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

Until and unless terminated by you or Device Trade, your status as an eligible or registered user of our services and the Site will continue indefinitely, including any device(s) listed for sale on the Site associated with your user profile and/or account. Device Trade may terminate your access to the Site and related services at any time, with or without cause, and with or without notice. Upon termination of your right to use the Site, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in the Site or Device Trade’s systems. Device Trade is under no obligation to maintain any such data or information.
These Terms of Use are governed by the laws of the State of California, without regard to its choice of law rules. You hereby consent to the jurisdiction of, and venue in, courts located in California, in all disputes arising out of or relating to the Site, or services, including any action commenced by you against Device Trade or its affiliates. Use of the Site or services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Device Trade as a result of your use of the Site or services. Device Trade’s performance of its obligations is subject to existing laws and legal processes, and nothing contained in these Terms of Use are in derogation of Device Trade’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Device Trade with respect to such use.
Any failure of Device Trade to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. You may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense your rights hereunder to any third party. At any time, Device Trade may, in its sole discretion and without providing notice or obtaining your consent delegate some or all of its responsibilities hereunder.