Terms & Conditions

Effective date: 08/03/2023

BuyBackTronics.com LLC, its parent, assigns, affiliates and subsidiaries (“BuyBackTronics”, “us”, “our”, “we”) offer consumer electronic device (“device” or “devices”) trade-in services (“services”) through which one can sell ones device (“device” or “devices”) after receiving a trade-in quote (“trade-in”) based on selected device characteristics such as make, model, carrier, condition and capacity amongst others and by completing the BuyBackTronics.com checkout process. In order to use BuyBackTronics trade-in service or BuyBackTronics website you agree to abide by the following terms and conditions.

BY VIRTUE OF ESTABLISHING AN ACCOUNT WITH, OR BY USING BUYBACKTRONICS.COM WEBSITE(S) OR SERVICES, 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 AND CONDITIONS ON BUYBACKTRONICS.COM WEBSITE(S). ANY AMENDED TERMS WILL BECOME EFFECTIVE IMMEDIATELY UPON SUCH POSTING. YOU ALSO AGREE TO THE ARBITRATION OF ANY AND ALL DISPUTES AS SET FORTH IN SECTION 55 BELOW.

General

  1. You acknowledge that this Agreement is in an electronic format and has the same force, validity, and effect as an agreement made in writing. In this Agreement, the term "you" or "your" means an individual or entity exercising rights under this Agreement.
  2. The terms contained herein govern any trade-in quote you will receive to sell your device(s) to or through BuyBackTronics' website (“BuyBackTronics website”), as outlined in the Website User Agreement, the Services and any and all applications included therein, which terms are located at www.BuyBackTronics.com/legal and any supplemental terms or policies that accompany a specific transaction, feature or application, collectively, make up an agreement between you and BuyBackTronics ("Agreement").
  3. BuyBackTronics reserves the right to terminate, suspend or cancel your use of any BuyBackTronics website or service if you do not comply with the terms of this agreement or with any of BuyBackTronics policies or procedures or for any other reason determined at our sole discretion.
  4. In order to trade-in and sell your device or complete any transaction with BuyBackTronics you must fulfill all conditions listed below:
    1. Provide true, accurate and up to date information about yourself and any device(s) you submit to us.
    2. Comply with all terms and conditions of this agreement.
    3. Comply with all state, federal, and international laws including but not limited to import and export laws.
    4. Transact on behalf of yourself and not on behalf of others.
    5. Be 18 (eighteen) years of age and be fit to enter into legally binding agreements.
    6. Be able to convey clear and unencumbered title and interest in any Device that you send to us.
  5. In order to be paid for any devices related to your trade-in, you must provide a working e-mail address where you can receive e-mail, a valid mailing address where you can receive mail and your first and last name. BuyBackTronics, at its sole discretion may pay you via check, PayPal or any other form of electronic payment that it deems suitable.
  6. BuyBackTronics will not be held liable for any failure in communication arising due to inaccurate or incomplete contact information being provided. You are responsible to ensure that you are able to receive periodic email updates that may be sent related to your trade-in and respond to them in a timely fashion as and when necessary.
  7. BuyBackTronics will not be held liable for any e-mails missed out due to being blocked or filtered as spam.
  8. You fully understand and agree that BuyBackTronics will not be held liable for any of the following:
    1. Any trade-in payment sent to the wrong address
    2. For any unclaimed funds that may be subject to collection by governmental authorities under unclaimed funds and escheat laws.
    3. You agree that BuyBackTronics is under no obligation to pay you if any of your unclaimed funds are turned over to any government authority in accordance to applicable laws.

    9. Quote, Pricing, Shipping, Inspection, Payment, Insurance, Returns

  9. Standard shipping is free within the continental United States however the choice of carrier is at the sole discretion of BuyBackTronics.
  10. BuyBackTronics pricing model is based on a variety of device specific attributes tied to a constantly evolving pricing model that is reflective of market needs and demand. We do not price match other companies and neither do we provide any pricing adjustments once payment has been issued.
  11. All trade-in quotes are based on BuyBackTronics own determination of device value based on the accuracy of information you supply us. The device value that BuyBackTronics offers is at its sole discretion based on device attributes, its own requirements and market requirements. Your acceptance of a quote indicates that you are willing to sell your device(s) to BuyBackTronics at the price contained in the trade-in quote. In the event that you choose to decline the trade-in quote, that quote expires immediately. In the instance that you decide you want to accept a trade-in quote after you have declined it, you would have to generate a new trade-in quote. Device eligibility, pricing and conditions may vary.
  12. You must have all legal right, title, and interest in any and all Devices you seek to sell to BuyBackTronics and all Devices must be able to be activated for new service (unless the Device cannot be activated because of its condition).
  13. The Devices, sale, and shipment of such items to BuyBackTronics must:
    1. Comply with all applicable laws, statutes, ordinances, including without limitation to all import and export laws
    2. Not infringe on any third party's intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights)
    3. Not be counterfeit, stolen, or fraudulent. You represent and warrant that the Devices are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due.
  14. BuyBackTronics grades its electronics in five (5) broad categories; namely:
    • Sealed: Device is unopened and sealed in original packaging and all unused, sealed original accessories are included.
    • Flawless: Device is fully functional and looks brand new with absolutely no sign of use or defects. Mint condition.
    • Good: Device is fully functional and shows light signs of use such as light scratches, dents or blemishes. Glass and display are free of any defects.
    • Fair: Device is fully functional and shows heavy signs of use such as heavy scratches, dents or blemishes. Glass is free of any defects. Minor display defects accepted.
    • Broken: Device is functional but has cracked/damaged, broken or missing parts. Display has dead pixels, white spots or screen burn in.
  15. These above categories only cover the physical condition of the device(s). Each trade-in quote is based on various other device specifics such as but not limited to make, model, carrier, and capacity. BuyBackTronics reserves the right to change device specific requirements for each category at any time. For trade-in quotes already generated prior to such changes, the quoted trade-in price will be honored as long as the item is received within the price lock guarantee period.
  16. BuyBackTronics device inspection process goes beyond inspecting only for the physical condition and specifications of a device but also takes into consideration other factors that are of a more technical nature requiring specialist opinion. Such issues will be highlighted by BuybackTronics in-house technical specialists and may result in an amendment of the initial trade-in quote. Reasons for amendments may include but are not limited to factors such as selecting the wrong model, carrier, capacity or condition of your device. Such amendments may result in your trade-in quote being increased or decreased.
  17. BuyBackTronics has sole discretion about the final inspection of all devices sent to us. In the event of any adjustments, BuyBackTronics will notify you with reasons for the adjustments made. In the event that a trade-in quote has been decreased, you will have three (3) days to either accept or decline the new quote. If you do not respond, BuyBackTronics will automatically assume that the amended quote has been accepted and will proceed to process your payment in the method that was selected at checkout.
  18. The price lock guarantee, guarantees that the trade-in quote is valid for 14 (fourteen) days from the date of the quote. If the device is received after the 14 (fourteen) day period, your device(s) will be re revaluated at current market value.
  19. BuyBackTronics, in its sole discretion determines which devices are eligible for trade-in and which devices qualify for a trade-in quote. BuyBackTronics may decide to disqualify or terminate certain devices or products without advance notice at any time. Such termination however, will not apply to trade-in quotes already covered under the fourteen (14) day price lock guarantee.
  20. BuyBackTronics has attempted to accommodate most conditions that would cause a device to be considered “broken” under its “broken” category. However, in cases where a BuyBackTronics specialist determines extreme damage, a revised trade-in quote may be necessary as such conditions are determined to be beyond the scope of this category. Subsequently, in accordance to this agreement, devices that are determined, at the sole discretion of BuyBackTronics to be tampered or modified, will also require a trade-in quote revision.
  21. Corporate locked/IT policies: In the event that it is determined during the inspection process that a device sold to BuyBackTronics is a corporate locked/IT policy device and has restricted access, BuybackTronics will be unable to purchase such as device until these locks/restrictions are removed.
  22. Battery life: In the event that the battery life for your device is determined to be less than one hour of regular use, BuyBackTronics will adjust the trade-in quote to match that of a working device with poor battery life.
  23. Engraving: Any devices that contain engraving will generally be adjusted one tier lower than what their actual physical condition is determined to be by the BuyBackTronics technical specialist and a revised trade-in quote will be issued.
  24. Once your device arrives at the BuyBackTronics facility, it can generally take up to 5 business days for your device to go through the inspection process.
  25. Once your device has undergone the inspection process and there are no issues hindering the inspection from being completed, such as an iCloud lock etc, and it is determined that your device specifics match what was selected when generating the quote, a payment will be issued in the method selected upon checkout. However, if it is determined that there is a discrepancy between the device specifics provided in the quote and what was actually received, an amended quote will be generated and provided to you pending your acceptance or refusal for three (3) days. If you accept the amended quote, your payment will be processed in the method originally selected. If you refuse the quote, we will arrange to ship the device back to you. However, if we do not hear back from you within the 3 days of the amended quote e-mail being sent out, your trade-in will automatically be approved and your payment processed in the original method selected upon checkout. Allow 1 (one) business day for your payment to be processed. Take note that Paypal payments attract fees that you will be responsible for paying.
  26. Larger payments: If your order consists of a value of a Nine Hundred Ninety Nine Dollars and 00/100 (999.00) or more, please allow an additional three (3) business day for processing.
  27. 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.
  28. In using the Services of BuyBackTronics, you expressly agree to indemnify BuyBackTronics from all claims or losses sustained by BuyBackTronics 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 Device prior to selling it to BuyBackTronics. BuyBackTronics shall not be liable for any service charges related to your Device, 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 Device.
  29. When preparing your devices for shipment, you must include all materials included in your description on which the trade-in quote was generated which may include software, accessories, adapters, and manuals. Failure to do so or sending us a device which does not match your original trade-in quote may result in your trade-in quote being amended.
  30. For devices that store any sort of data, it is your responsibility to ensure that you have taken a backup of the data desired. BuyBackTronics will not be held liable for any data that will be wiped during the device inspection process. It is your responsibility to ensure that all personal information for your device is wiped prior to trade-in. By sending your device(s) to BuyBackTronics, you expressly agree to release BuyBackTronics from any claim as to the Device, the data stored in such Device, or any information on any media used in conjunction with the Device, or for such data's security, integrity, confidentiality, disclosure or use. BuyBackTronics is not liable for: (a) 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 Device to us.
  31. Your Trade-in devices must be received by BuyBackTronics within fourteen (14) days after you accept the original trade-in quote generated by BuyBackTronics.com ("Delivery Period"). Items received past the fourteen (14) day period maybe subject to a price adjustment to reflect current prices being offered based on market conditions. It is you responsibility to follow the packaging and shipping recommendations provided to you by BuyBackTronics in order to avoid possible damage to or loss of the Device during shipping. BuyBackTronics will inspect all Devices upon receipt and BuyBacktronics has the sole discretion to accept or reject the device(s), including without limitation, to reject any Device for:
    1. Not conforming to the description provided to us.
    2. Being modified in such a way that it no longer conforms to the manufacturers specifications.
    3. No longer being compliant with applicable laws or regulations, and
    4. Being damaged or lost in transit.
  32. In the event BuyBackTronics refuses to accept a device for any of these reasons, the original trade-in quote shall automatically expire and be considered rescinded immediately. BuyBackTronics reserves the right to revoke the original trade-in quote and provide an amended trade-in quote for the device if the device(s) or material(s):
    1. Are not as described.
    2. Are received by BuyBackTronics after the Delivery Period.
    3. Are different from those identified when the trade-in quote was generated.
  33. After shipping the device to BuyBacktronics for Trade-In, BuyBackTronics cannot and does not guarantee that it will be able to honor any request for return of the Device or any data or information contained in such Device. If you elect not to accept any amended trade-in quote, your device will be returned to you at the address from which it was originally sent.
  34. You shall remain responsible for the risk-of-loss for the Devices sent to BuyBackTronics for Trade-In until delivery of the Devices to BuyBackTronics. BuyBackTronics responsibility for risk-of-loss begins when we begin inspection of the devices. In the event BuyBackTronics rejects or returns your devices for any reason, BuyBackTronics responsibility for risk-of-loss terminates once BuyBackTronics delivers the package containing the device(s) to the carrier for return to you. In any event, you are responsible for any damages that may occur to your Device while in transit.
  35. Upon BuyBackTronics acceptance of the device for the original trade-in quote amount or an amended quote, the title for the device passes on to BuyBackTronics. In the event that the device is returned back to you, the title shall not pass on and shall remain with you.
  36. Any quote from BuyBackTronics is non-transferrable and not redeemable for any other consideration other than what is stated in the trade-in quote.
  37. Returns: In the event that your trade-in quote is amended for whatever reason and you choose to decline the amended quote, your device will be shipped back to you for free. If your quote contained multiple items, only the item for which the price was revised will be returned back. The additional items cannot be returned even if you were to decline the quote for the remaining items.
  38. If BuyBackTronics does not receive your acceptance of the amended quote within three (3) days, your quote will automatically be deemed as accepted and your payment processed. If in our sole assessment, we determine your device to have no commercial value and you do not respond to the amended quote within the three (3) day period, we will RECYCLE your device and no payment or return of the device will be offered.
  39. The inspection process involves the removal of data and all protective devices associated with the phone such as cases and screen protectors etc. In the event that we have received your device and it is undergoing inspection, we are unable to return any accessories you may want back or backup any data on your behalf.
  40. In the event that your trade-in in quote is amended and you choose to decline the amended quote, BuyBackTronics will send back the device with all items that were included with the device, however it is understood that items such as screen protectors which are required to be removed for inspection purposes and cannot re reapplied/reused will not be included.
  41. Free return shipping does not apply in certain situations. Instead, you will be responsible for covering for return shipping. Items falling under the following categories DO NOT qualify for free return shipping:
    1. Devices that are significantly misrepresented
    2. Devices found to be Activation/iCloud/FRP/MDM/Firmware locked
    3. Blacklisted/Financed devices
    4. Items not on our catalog/items we do not purchase
    5. Retracting your trade-in after it has been shipped and before item has passed inspection.
    6. Retracting your trade-in after item has passed inspection and has been accepted as submitted.
    7. Phones from carriers that are not listed on our website
    8. Items that cannot be authenticated or are counterfeit
  42. Insurance: Our basic insurance option covers up to $100 per trade-in. Coverage applies to a device(s) within a trade-in damaged in transit to our facility via UPS or FedEx. To fully insure your trade-in prior to shipping, you can add insurance at checkout for a fee which will be deducted from your final trade-in amount. Additionally, coverage does not apply to any package that arrives empty, missing items or containing the wrong items. Devices damaged on their way to our facility will be eligible for coverage as long as they have been packaged adequately. In addition, any claims denied by either UPS or FedEx will not be covered. Lastly, BuyBackTronics reserves the right to deny a claim due to discrepancies found in the information provided or due to suspicion of fraud, irrespective of the courier's verdict on said claim.
  43. 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 Device 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 Device to BuyBackTronics 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 Devices to BuyBackTronics that violate this provision.
  44. BuyBackTronics cannot guarantee the accuracy of all information you receive in relation to your Device as there may be typographical errors, technical inaccuracies, pricing errors or other errors or omissions. BuyBackTronics reserves the right, at any time prior to payment, to correct an error and change the trade-in quote. In the event the device has already been sent to BuyBackTronics for Trade-In, the amended quote will become a New quote which you may accept or reject.
  45. Please refer to our Privacy Policy at www.BuyBackTronics.com/privacy-policy for information about how we collect, use and disclose information about you.
  46. You expressly agree to transact with us electronically, including without limitation, agreeing to terms and conditions of trade-in quotes. You authorize BuyBackTronics to provide you with terms and important notices about BuyBackTronics and your transactions to an email address you provide to us or by posting notices on BuyBackTronics 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 BuyBackTronics websites or the services. You can retrieve and review this Agreement by clicking on the "Terms and Conditions" link at www.BuyBackTronics.com
  47. 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.
  48. By virtue of agreeing to these terms and conditions, you agree not to access BuyBackTronics website by any means other than the user interface provided by BuyBackTronics.com and not to engage in any other activity that interferes with or disrupts the Services or performance of the BuyBackTronics Websites. Specifically, you may not access or use any of BuyBackTronics Websites or Services using scripts, web crawlers or any similar methods.
  49. 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 BUYBACKTRONICS WILL MEET YOUR REQUIREMENTS.
  50. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUYBACKTRONICS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE "BUYBACKTRONICS 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 BUYBACKTRONICS 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 BUYBACKTRONICS AND THE BUYBACKTRONICS PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICES AND BUYBACKTRONICS 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.
  51. You agree to indemnify, defend, and hold harmless BuyBackTronics and the BuyBackTronics 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. BuyBackTronics 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.
  52. This Agreement constitutes the entire agreement between you and BuyBackTronics with respect to the subject matter herein. No waiver by BuyBackTronics of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  53. The BuyBackTronics 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. BuyBackTronics therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the content at any time without prior notice. BuyBackTronics does not, however, guarantee that any or all errors, inaccuracies, or omissions will be corrected.
  54. BuyBackTronics 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 BuyBackTronics Websites and the Services. Your continued use of any BuyBackTronics Website and Services after any such changes take effect constitutes your express acceptance to such changes. Each time you submit a Device for sale to BuyBackTronics, 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 BuyBackTronics Websites and/or the BuyBackTronics Services. The last date of revisions to this Agreement is set forth above.
  55. 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.
  56. 55. EXCEPT AS MAY BE PRECLUDED BY APPLICABLE LAW, ANY CONTROVERSY OR CLAIM BETWEEN YOU AND BUYBACKTRONICS 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 BUYBACKTRONICS. YOU AND BUYBACKTRONICS 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 BUYBACKTRONICS 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 BUYBACKTRONICS'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 BUYBACKTRONICS. 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.
  57. BuyBackTronics reserves the right to investigate complaints or reported violations of this Agreement and take any action BuyBackTronics 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. BuyBackTronics 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 BuyBackTronics 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.
  58. A customer that engages in business with BuyBackTronics via an affiliated website understands that BuyBackTronics shall NOT be responsible for any concerns the customer may have beyond the scope of the terms and conditions as outlined in this Agreement. For example, if you do not like the process you may have to go through with the Better Business Bureau (BBB), it is not an issue to bring to BuyBackTronics. Any such issue should be taken directly to the company with which you have the grievance and NOT BuyBackTronics.
  59. All content on BuyBackTronics including content, images, technologies etc. are the SOLE property of BuyBackTronics and are protected by trademark laws. Content may NOT be used or copied without the consent of BuyBackTronics.
  60. 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.