SquareTrade © AP6.0| | Terms and Conditions - TERMS OF SALE. I represent and warrant that I have read, understand, and agree to all of the terms and conditions applicable to the eBay auction for the item I am bidding to purchase. These include any applicable terms of sale, warranty terms, statements of the condition of the item I am purchasing, and the seller's return policies, all of which are contained or referenced in the auction listing for the item I am bidding to purchase. I understand that my bid is a legal and binding contract subject to these terms and conditions.
- ACCURACY OF SHIPPING ADDRESS. You are responsible for providing an accurate shipping address during check-out. If you fail to provide an accurate shipping address, we have the right to charge you for any additional shipping and handling fees that we incur.
- We ship via USPS and FEDEX and reserve the right to change the SHIPPING CARRIER without notice.
- PROOF OF DELIVERY. If my auction item is shipped via FEDERAL EXPRESS, I must sign for the delivery unless I have placed a Signature Release Waiver on file with Federal Express, in which case the Signature Release Waiver constitutes indisputable proof of delivery of the item I have purchased.
- We Only Communicate Electronically, Please use our Customer Service/Support Link.
- RETURNS OR REFUNDS. If my eBay auction purchase is eligible for a return or a refund, I shall follow the return or refund policies listed in the applicable auction. Shipping charges are never refundable. I am solely responsible for shipping charges on any returns. Notice of wrong, or missing items, freight claims, or other issues must be reported through our Customer Service Webform within 48 hours of your receipt of the item. If you fail to do so, we may refuse to issue a return merchandise authorization. If you do return an item and we determine that it is not defective or that it was accurately described in the auction, we will charge you a 20% restocking fee.
- WE HAVE USED COMMERCIALLY REASONABLE EFFORTS TO CREATE A DESCRIPTION AND PROVIDE IMAGES OF THE LISTED GOODS THAT ACCURATELY AND FAIRLY DEPICT THE CONDITION OF THE GOODS AT THE TIME OF SALE. We use both actual as well as stock photos and/or descriptions. Please bid accordingly.
- ITEMS NOT INCLUDED. Unless expressly stated in the auction, additional items and accessories are NOT included.
- DISCLAIMER OF DAMAGES. WE SHALL HAVE NO LIABILITY WITH RESPECT TO THE PURCHASED ITEMS OR OTHERWISE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY. OUR TOTAL LIABILITY TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, SHALL BE LIMITED TO A FULL REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE AFFECTED ITEM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- DISPUTE RESOLUTION. Any controversy or claim arising out of or relating to this Agreement, or any breach thereof, must be settled by confidential binding arbitration in Nashville, Tennessee in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Either party may, without inconsistency with this agreement to arbitrate, seek from a court any provisional remedy that may be necessary to protect trademarks, copyrights, or other rights or property pending the establishment of the arbitral tribunal or its determination of the merits of the controversy.
- RECOVERY OF LITIGATION COSTS. If any legal action or other proceeding is brought pursuant to or in connection with these terms or any transaction involving you and us, then, if we are the prevailing party, we are entitled to recover from you reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
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