SellYourMac Terms and Conditions
These Terms and Conditions (the “Terms and Conditions”) are an agreement between ISELLMAC, LLC (“SellYourMac” or “us” or “we”) and you. It is your responsibility to read these terms and to understand them.
- HONESTY. SellYourMac acts honestly and fairly in every transaction. We ask that you be honest and fair with us. We will not adjust your quote unless we are provided with inaccurate information or your item arrives damaged. We will get all the details, including specifications, condition, photos, and serial number, in order to confirm your quote prior to you shipping us your item(s).
- PRICING. SellYourMac reserves the right to adjust pricing if the item received differs in terms of specifications or condition from the “quote”. If the item is tested and is found to not work as described in the quote, or arrives broken or with water damage, we will email you with a new quote to reflect the item received. It is your responsibility as the customer to accurately represent the device you wish to sell.
- PAYMENT. SellYourMac offers these forms of payment: PayPal, check, or store credit. PayPal offers the fastest form of payment (free). Checks options are: via USPS standard mail taking 3-5 business days to arrive (free), via USPS Priority Mail taking 2-3 business days to arrive ($10 fee), and via USPS overnight mail taking 1 business day to arrive ($40 fee).
- PACKING YOUR ITEM. SellYourMac is not responsible for your poorly packaging your item. If Fedex, the shipping company we use, damages your package, we can file an insurance claim, provided it was properly packed. If the item is poorly packed, however, Fedex will not honor the claim and ultimately you are responsible. The condition of the item when it arrives at SellYourMac’s warehouse is your responsibility. Please take the time to learn how to pack your item or have it packed professionally.
- STOLEN AND FAKE ITEMS. Any item determined to be stolen or fake will be turned to the proper authorities and you will lose all rights to payment on the item.
- LENGTH OF QUOTE VALIDITY. Your quote is valid for 30 days from the original submission. If you are past 30 days, please email us to see if there is a change in price before sending in your item.
- NOTICE. SellYourMac may deliver notice to you by means of e-mail, general notice on this site, or other reliable method to the address you have provided us. It is your duty to keep your email address up to date, maintain a valid email address, and ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities.
- ELECTRONIC TRANSACTIONS. You agree to transact with us electronically. This means you agree to accept the Terms and Conditions and to transact any sale of your product with us by electronic means.
- TRADEMARKS. All content on SellYourMac.com including, but not limited to, text, images, logos, videos, articles, design, and concepts are the exclusive property and solely owned by ISELLMAC, LLC. No content may be used or copied by any third party without written express consent from ISELLMAC, LLC.
- LIABILITY LIMITATION. IN NO EVENT WILL SELLYOURMAC, ITS AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
- INDEMNIFICATION. You agree to indemnify, defend, and hold harmless SellYourMac, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors 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 these Terms and Conditions. We reserve 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 such claim.
- LEGAL ISSUES. Prior to litigation, user agrees to arbitration over any dispute or issue through the dispute resolution process offered by the Cincinnati Better Business Bureau (BBB). We maintain an A+ BBB rating and will work to resolve any issue amicably. SellYourMac will not have any liability to user in excess of final quoted value as determined by SellYourMac. In any event, SellYourMac is not liable for any indirect, punitive, incidental, or exemplary damages.
- LEGAL AUTHORITY. You represent and warrant to us that (a) you are legally capable to enter into contracts, (b) you are providing us at all times true, accurate and up to date information about yourself, (c) you will comply at all times with the Terms and Conditions and applicable law and (d) your use of the Website and any transactions that you make with us will not violate the rights of any third party. You further represent and warrant that the device you intend to sell is rightfully owned by you free and clear of all liens and/or encumbrances.
- GOVERNING LAW. All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in the City of Cincinnati and County of Hamilton, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- THIRD PARTY LINKS. In an attempt to provide increased value to our visitors, SellYourMac may link to sites operated by third parties. However, even if the third party is affiliated with SellYourMac, SellYourMac has no control over these linked sites, all of which have separate privacy and data collection practices, independent of SellYourMac. These linked sites are only for your convenience and therefore you access them at your own risk.
- SEVERABILITY. If any provision of these Terms and Conditions is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
- SUBJECT TO CHANGE AND TERMINATION. SellYourMac reserves the right to update the terms from time to time as deemed necessary. The user is responsible for reviewing the terms, and use of SellYourMac.com confirms user’s consent to the terms. Without limiting other remedies, we may limit, suspend, or terminate our services, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Website if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
Last Updated: 7-24-2013