This Terms of Sale Agreement (this “Agreement”) is a legally binding agreement between iGotOffer, together with its parents, subsidiaries, affiliates, predecessors, successors, assigns, service providers, contractors, agents, officers, directors, employees, representatives, and designees (collectively, “iGotOffer,” “we,” “us,” or “our”), and any individual or entity that accesses, uses, submits information to, requests a quote from, ships any item to, transfers any item to, or otherwise engages in any transaction with iGotOffer (collectively, “Seller,” “you,” or “your”).

By creating an account, accessing or using the website, requesting a quote, accepting any quote, shipping any Device, providing any information, clicking any acceptance button, or otherwise using any portion of the Services, you acknowledge and agree that you have read, understood, and agree to be bound by this Agreement in its entirety. If you do not agree to this Agreement, you must not use the Services and must not submit or ship any Device to iGotOffer.

This Agreement is an electronic contract. Your electronic acceptance of this Agreement, including by use of the website or Services, shall be deemed the legal equivalent of a handwritten signature and shall be fully enforceable to the maximum extent permitted by applicable law.

iGotOffer operates a website and related services through which users may obtain estimated quotations for certain consumer electronic products and may offer to sell such products to iGotOffer. The website, quote tools, account features, transaction flow, communications, intake procedures, inspection process, payment processes, shipping facilitation, return handling, fraud review, and all related services, functions, and features are referred to collectively in this Agreement as the “Services.”

You acknowledge and agree that iGotOffer is not obligated to purchase any item from any person under any circumstances. Any quotation, estimate, or preliminary value displayed on the website or communicated by iGotOffer is conditional only, is provided as a convenience, and does not constitute a binding commitment by iGotOffer to purchase any item at any price unless and until iGotOffer has physically received the item, inspected it, approved it, and elected to complete the transaction pursuant to this Agreement.

iGotOffer reserves the right, at any time and in its sole and absolute discretion, to refuse service, reject any item, refuse any shipment, cancel any pending transaction, limit the availability of the Services, or suspend or terminate any user’s access to the Services for any reason or for no reason, with or without notice, subject only to applicable law.

In order to use the Services or engage in any transaction with iGotOffer, you represent, warrant, and covenant, on a continuing basis, that:

(a) you are at least eighteen (18) years of age and have full legal capacity to enter into binding contracts;

(b) you are acting on your own behalf and for your own account, and not on behalf of any other person or entity unless you are duly authorized to do so and can produce satisfactory proof of such authority upon request;

(c) all information you provide to iGotOffer, including identifying information, contact information, shipping information, item details, payment information, and any supporting documentation, is accurate, complete, current, truthful, and not misleading in any respect;

(d) you have the lawful right, full authority, and unrestricted power to transfer ownership of the Device to iGotOffer free and clear of all liens, claims, interests, restrictions, leases, financing arrangements, security interests, and other encumbrances;

(e) you will comply with this Agreement and all applicable federal, state, local, and foreign laws, regulations, rules, orders, and requirements in connection with your use of the Services and your transaction with iGotOffer; and

(f) you will use the Services only for legitimate lawful purposes and not in connection with fraud, theft, misrepresentation, or any improper or illegal conduct.

iGotOffer may rely entirely upon the information and representations you provide without any duty to independently verify them. Any omission, error, inaccuracy, or misrepresentation by you may result in rejection of the Device, cancellation of the transaction, denial or reversal of payment, return of the Device at your expense, disposal of the Device where permitted by this Agreement, referral to law enforcement, or any other remedy available to iGotOffer at law or in equity.

You may be required to create an account or otherwise submit personal and transaction-related information in order to access certain Services. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account, whether authorized by you or not.

You agree to provide and maintain a valid email address, valid physical address, and any additional information reasonably requested by iGotOffer. You acknowledge that communications from iGotOffer may include transaction confirmations, revised offers, shipping instructions, notices regarding delays, return notices, fraud-related notices, payment updates, legal notices, and amendments to this Agreement.

You consent to receive all disclosures, agreements, notices, communications, records, and other information from iGotOffer electronically, including by email, account notification, website posting, SMS, or any other electronic means used by iGotOffer. You agree that such electronic communications satisfy any legal requirement that such communications be in writing.

You are solely responsible for ensuring that communications from iGotOffer are capable of being received and are not blocked, filtered, routed to spam, rejected, or otherwise missed. iGotOffer shall have no liability whatsoever for any consequence arising out of your failure to receive, read, or respond to any communication sent by iGotOffer to the contact information you provided.

Any quote, estimate, preliminary valuation, trade-in value, promotional quote, or other pricing information displayed or communicated by iGotOffer before physical receipt and inspection of the Device is preliminary only, non-binding, conditional, revocable, and provided strictly for convenience.

All preliminary quotes are based solely on the information you provide, including the model, storage capacity, carrier status, condition, included accessories, and any other descriptive data submitted by you. Such quotes are subject to change for any reason including, without limitation, inaccurate description, incomplete shipment, missing accessories, undisclosed damage, functional defects, repairs, lock status, financing issues, blacklisting, delayed delivery, market fluctuations, fraud concerns, or any other issue identified by iGotOffer.

You expressly acknowledge and agree that a preliminary quote does not constitute a promise, guarantee, or binding offer by iGotOffer to purchase the Device at the quoted amount. iGotOffer may, in its sole and absolute discretion, honor, revise, reduce, increase, withdraw, reject, or cancel any quote at any time before final acceptance of the Device.

With respect to each Device that you submit, ship, offer, or transfer to iGotOffer, you represent, warrant, and covenant that:

(a) you are the sole lawful owner of the Device and have full right, title, and authority to sell and transfer it;

(b) the Device is not stolen, lost, misappropriated, unlawfully obtained, counterfeit, cloned, tampered with, or subject to any actual or threatened claim, dispute, investigation, seizure, or report by any third party, carrier, insurer, financing company, leasing company, or law enforcement agency;

(c) the Device is free and clear of all liens, leases, financing obligations, installment plans, service agreements, security interests, and any other encumbrances or adverse claims;

(d) the Device is not associated with any bad IMEI, blacklist, carrier block, enterprise restriction, MDM enrollment, remote management tool, passcode restriction, activation lock, iCloud lock, Find My lock, Google lock, Samsung lock, or any other software, administrative, or account-based restriction that impairs access, resale, transfer, or use;

(e) the Device and any associated transaction comply with all applicable laws and regulations;

(f) the Device does not infringe, violate, or misappropriate any intellectual property right, contract right, privacy right, or other right of any person or entity;

(g) you have truthfully and completely disclosed all material facts affecting the Device’s value, authenticity, eligibility, condition, or ownership; and

(h) the Device is submitted to iGotOffer voluntarily and lawfully.

These representations, warranties, and covenants are material to iGotOffer’s willingness to receive, inspect, process, and potentially purchase the Device. iGotOffer is entitled to rely on them fully.

All Devices are subject to inspection, testing, verification, grading, and evaluation by iGotOffer upon receipt. Condition descriptions shown on the website or communicated by iGotOffer are intended as general guidance only and do not limit iGotOffer’s discretion.

iGotOffer may consider, without limitation, cosmetic condition, functionality, water damage, battery performance, internal damage, parts originality, serial number consistency, prior repair history, quality of any repair, aftermarket parts, screen condition, housing condition, buttons, cameras, biometric functionality, ports, microphones, speakers, connectivity, carrier status, activation status, and any other characteristic it deems relevant.

All grading, valuation, and eligibility decisions made by iGotOffer are final and binding for purposes of determining whether the original quote will be honored, revised, or rejected, except where iGotOffer elects in its sole discretion to conduct an additional review. No condition guide, photo example, prior communication, or subjective expectation shall supersede iGotOffer’s final inspection determination.

Any Device that has been repaired in an unauthorized manner, altered, modified, materially tampered with, rebuilt from multiple devices, or otherwise deviates from original manufacturer standards may be downgraded, rejected, or otherwise processed in iGotOffer’s sole discretion.

Upon receipt of any Device, iGotOffer may open, inspect, photograph, weigh, measure, test, charge, reset, wipe, diagnose, benchmark, disassemble, or otherwise evaluate the Device and any included items in any manner iGotOffer deems reasonably necessary or appropriate.

If iGotOffer determines that the Device differs from your description, is missing items, includes undisclosed damage or defects, was shipped late, was damaged in transit, contains different contents than expected, or is otherwise not eligible for the original quoted value, iGotOffer may issue a revised offer, reject the Device, cancel the transaction, return the Device subject to this Agreement, or exercise any other right available under this Agreement.

A revised offer may be higher or lower than the original quote depending on the inspection results. iGotOffer may, but is not required to, explain the basis for any revised offer.

If iGotOffer issues a revised offer, you shall have the period stated in iGotOffer’s communication to accept or reject that revised offer. If no specific period is stated, you shall have five (5) calendar days from the date iGotOffer sends notice of the revised offer.

If you affirmatively accept the revised offer, the transaction shall proceed at the revised amount and such acceptance shall be final, binding, and irrevocable.

If you affirmatively reject the revised offer, the Device may be returned to you subject to the return provisions of this Agreement, including advance payment of any applicable return shipping, handling, storage, labor, packaging, or administrative charges.

If you do not respond within the applicable response period, you expressly authorize iGotOffer to treat your silence, inaction, or failure to respond as acceptance of the revised offer. In such case, the revised offer shall be deemed accepted automatically and the transaction shall be final and irrevocable.

You acknowledge and agree that deemed acceptance by failure to respond is a material term of this Agreement and is reasonable in light of the operational nature of the Services.

Any time period stated by iGotOffer for shipping, delivery, or receipt of a Device is a condition of the quoted transaction. Devices must be shipped promptly and received by iGotOffer within the applicable timeframe stated in the transaction flow, quote confirmation, or other iGotOffer communication.

If the Device is received after the applicable timeframe, iGotOffer may, in its sole discretion, cancel the transaction, revise the offer, reprice the Device under then-current market conditions, reject the Device, or otherwise process the Device in accordance with this Agreement.

You acknowledge that device values fluctuate over time and may be materially affected by model lifecycle changes, market pricing, carrier and manufacturer developments, demand shifts, product releases, seasonal conditions, component value changes, and other factors. iGotOffer shall have no liability for any reduced quote or transaction value resulting from late arrival, quote expiration, market changes, or carrier delay.

From time to time, iGotOffer may, in its sole discretion, provide you with a prepaid shipping label, QR code, packaging guidance, or other shipping assistance. Any such label or assistance is provided strictly as a courtesy and accommodation only and shall not be construed as creating any shipping obligation, fiduciary duty, bailment, insurance obligation, or other liability on the part of iGotOffer.

Unless iGotOffer expressly states otherwise in writing, all shipments made using any iGotOffer-provided shipping label are uninsured. iGotOffer does not provide, procure, maintain, or guarantee insurance coverage for any shipment in transit, and assumes no obligation to do so.

You expressly acknowledge and agree that all risk of loss, theft, damage, misdelivery, nondelivery, delay, deterioration, destruction, or other transit-related event remains solely and exclusively with you until the Device is physically received by iGotOffer at its designated facility and entered into iGotOffer’s receiving process. Risk of loss does not transfer to iGotOffer merely because a label has been provided, a label has been scanned, tracking reflects movement, or delivery has been attempted or shown as completed by a carrier.

All shipments are carried by third-party carriers acting as independent contractors. iGotOffer is not a carrier, freight forwarder, shipper, insurer, warehouseman, bailee, or guarantor with respect to any shipment in transit and shall not be responsible for any act, omission, negligence, theft, system error, service failure, misdelivery, handling damage, weather delay, tracking anomaly, or other conduct or event attributable to any carrier or intermediary.

If you desire insurance coverage or any additional shipment protection, you must decline use of any iGotOffer-provided label and instead arrange your own shipping method and insurance directly with the carrier. If you choose to use your own label, you remain solely responsible for all shipping charges, insurance, carrier claims, paperwork, and interactions with the carrier.

To the maximum extent permitted by law, you irrevocably waive, release, and discharge iGotOffer from and against any and all claims, causes of action, liabilities, damages, losses, costs, or expenses arising out of or relating to any transit-related event occurring before iGotOffer’s confirmed receipt of the Device.

You are solely responsible for packaging the Device properly and securely, whether you use an iGotOffer-provided label or your own shipping method. You must use suitable outer packaging and sufficient protective material to prevent movement, shock, pressure damage, corner impact damage, screen damage, and item-to-item contact damage.

You must not use inadequate packaging methods, including without limitation thin envelopes, insufficiently padded mailers, inappropriate retail boxes without outer protection, packaging materials that collapse under pressure, or cushioning materials unsuitable for electronics.

If multiple items are placed in one package, each item must be separately protected and cushioned. The package must be capable of withstanding normal carrier handling conditions.

Any reduction in value, revised offer, rejection, damage finding, or return issue attributable in whole or in part to improper, insufficient, misleading, or non-compliant packaging shall be your sole responsibility, and iGotOffer shall have no liability arising from such packaging.

You must include only those accessories, components, and materials that were specifically disclosed in your submission and reflected in the quoted transaction. Failure to include listed items may reduce the quoted value or result in rejection.

Any extra or non-listed item included in a shipment, whether intentionally or unintentionally, including but not limited to cases, chargers, non-original accessories, cables, SIM cards, memory cards, packaging, films, covers, adapters, documents, personal property, and other miscellaneous contents, may be discarded, recycled, retained, or returned at your expense in iGotOffer’s sole discretion.

iGotOffer shall have no duty to identify, inventory, segregate, preserve, store, compensate you for, or return any extra or non-listed item. You assume all risk associated with including any item not specifically required for the transaction.

Before shipping any Device to iGotOffer, you must fully back up and remove all data, files, media, passwords, private information, personal content, accounts, cloud associations, payment wallets, security credentials, biometric identifiers, enterprise profiles, and any other information or settings stored on or associated with the Device.

You must fully factory reset the Device and remove all passcodes, PINs, patterns, account locks, security features, management controls, and cloud account associations before shipment.

Although iGotOffer may wipe or reset Devices during processing, iGotOffer does not guarantee data preservation, data deletion, privacy protection, recoverability, or confidentiality of any information remaining on the Device. iGotOffer shall not be liable for loss of data, exposure of data, access to data, inability to recover data, data corruption, or any privacy-related consequence arising before, during, or after receipt and processing of the Device.

You knowingly and voluntarily assume all risks associated with leaving any data or account association on a Device shipped to iGotOffer.

Any Device that is activation locked, associated with an Apple ID, subject to Find My protection, connected to any Google or manufacturer account lock, remotely managed, MDM enrolled, enterprise controlled, passcode restricted, carrier blocked, financed, leased, unpaid, blacklisted, bad IMEI, or otherwise restricted in a way that interferes with inspection, resale, use, or transfer may be rejected immediately in iGotOffer’s sole discretion.

If iGotOffer receives such a Device, iGotOffer may, without liability, cancel the transaction, deny payment, require you to pay all return shipping and handling costs in advance, hold the Device pending clarification, recycle the Device where permitted by law and this Agreement, or transfer the matter to law enforcement, a carrier, a financing party, or another appropriate entity where warranted.

You remain solely responsible for all outstanding balances, installment obligations, lease obligations, carrier charges, penalties, and related liabilities associated with such Device. iGotOffer has no duty to unlock, pay off, cure, or otherwise resolve these issues.

You are strictly prohibited from submitting, offering, shipping, or attempting to sell any Device that is stolen, lost, counterfeit, cloned, unlawfully obtained, connected to fraud, reported to any carrier or insurer, or otherwise unlawful to possess, transfer, or resell.

If iGotOffer knows or reasonably suspects that a Device is stolen, counterfeit, cloned, fraudulently submitted, unlawfully obtained, or associated with unlawful activity, iGotOffer may place the transaction on hold, deny payment, reverse payment, retain records, cooperate with law enforcement, carriers, insurers, and financial institutions, refuse return of the Device where unlawful or inappropriate, and take any other action iGotOffer deems necessary or advisable.

Nothing in this Agreement shall obligate iGotOffer to pay for, return, or preserve any Device reasonably believed to be stolen, fraudulent, counterfeit, unlawful, or associated with criminal conduct.

Title to the Device shall remain with you until iGotOffer both (a) physically receives the Device and (b) elects to accept the transaction at the final determined value. Upon such acceptance and payment, all right, title, and interest in and to the Device shall automatically and irrevocably transfer to iGotOffer free and clear of all liens, claims, restrictions, and adverse interests.

After title transfers, you shall have no right to cancel the transaction, request return of the Device, assert ownership, or otherwise reclaim any interest in the Device or its contents except as expressly required by non-waivable law.

If iGotOffer rejects the Device before acceptance, title shall remain with you, subject to your obligation to pay any applicable return-related fees, charges, and costs under this Agreement.

If a Device is eligible to be returned to you because a revised offer was rejected or because iGotOffer otherwise elects to return the Device, any such return shall be governed exclusively by this Agreement.

Unless iGotOffer expressly agrees otherwise in writing, all returns shall be at your sole cost and sole risk. Any return shipping label provided by iGotOffer is provided strictly as a courtesy only. Unless expressly stated otherwise in writing, all return shipments are uninsured.

You acknowledge and agree that iGotOffer shall have no liability whatsoever for loss, theft, damage, nondelivery, delay, misdelivery, or any other issue affecting a return shipment, whether the return uses a label provided by iGotOffer or a label supplied by you.

iGotOffer may require advance payment of return shipping charges, handling fees, inspection charges, packaging charges, storage fees, labor costs, administrative fees, or other charges before processing any return. If such charges are not paid when due, iGotOffer may deem the Device abandoned and proceed under Section 18 below.

iGotOffer may repackage any returned Device in packaging of its choosing and may discard original boxes, padding, shipping materials, and incidental materials. iGotOffer shall have no duty to preserve or return original packaging.

Once a Device has been accepted by iGotOffer and queued for payment, the transaction is final and the Device cannot be returned except as expressly required by non-waivable law or as iGotOffer elects in its sole discretion.

If you fail to respond to a revised offer within the required timeframe, fail to pay required return charges, fail to provide a valid return address, fail to provide an acceptable return label when requested, fail to respond to iGotOffer communications regarding return or processing, or otherwise fail to take required action within the time designated by iGotOffer, then the Device and any associated property may be deemed abandoned in iGotOffer’s sole discretion.

Upon abandonment, iGotOffer may, without further notice and without liability to you, recycle, dispose of, resell, liquidate, donate, transfer, dismantle, or otherwise deal with the Device and any associated property in any manner iGotOffer deems appropriate. You irrevocably waive any right to compensation, accounting, recovery, return, or proceeds with respect to any abandoned property.

Any hold period, storage period, or courtesy extension granted by iGotOffer shall not limit or waive iGotOffer’s abandonment rights and shall not create any bailment or custodial duty.

Payment, if any, shall be issued only after iGotOffer completes its inspection and elects to accept the Device. Payment methods may include check, electronic payment, ACH, store credit, or any other method offered by iGotOffer from time to time.

All timeframes relating to receipt, inspection, processing, return, and payment are estimates only and are not guarantees. Device intake, review, payment issuance, mail delivery, bank processing, fraud review, queue volume, staffing constraints, holidays, technical issues, system outages, and carrier delays may result in delays.

You acknowledge and agree that iGotOffer shall have no liability for any delay in processing, payment, mailing, posting, or completion of any transaction.

iGotOffer may place any transaction, Device, payment, or account on hold for fraud prevention, identity verification, title review, compliance review, payment verification, carrier verification, security screening, or any other review that iGotOffer deems appropriate in its sole discretion.

Transactions exceeding any threshold determined by iGotOffer may be subject to enhanced review, extended hold periods, additional documentation requirements, delayed release of payment, or cancellation.

iGotOffer shall have no liability for placing, extending, or maintaining any hold or for any resulting delay, interruption, inconvenience, or alleged loss.

You agree that iGotOffer may, at any time and without notice, set off, recoup, deduct, or apply against any amount otherwise payable to you any amount that you owe to iGotOffer, whether arising under this Agreement or any other transaction or relationship between you and iGotOffer.

This right applies to, without limitation, return shipping charges, inspection fees, labor charges, administrative fees, storage fees, packaging costs, fraud losses, duplicate payments, payment reversals, mistaken payments, chargeback losses, shortages, damages, reimbursement obligations, and any other losses, expenses, liabilities, or obligations associated with your account or transactions.

This set-off and recoupment right applies across current, past, and future transactions and survives termination of this Agreement.

In addition to any other rights under this Agreement, iGotOffer may assess handling fees, inspection fees, labor charges, administrative fees, restocking fees, storage fees, return fees, packaging fees, disposal fees, and other commercially reasonable charges in connection with Devices that are misrepresented, rejected, restricted, abandoned, fraudulent, ineligible, or otherwise require special handling.

Such fees may be deducted from any payment otherwise due to you, invoiced to you separately, collected through set-off, or otherwise pursued by lawful means.

iGotOffer’s decision to waive, reduce, or not impose any fee in one instance shall not obligate iGotOffer to do so in any other instance.

If iGotOffer issues payment based on inaccurate information, clerical error, system error, fraud, unauthorized conduct, misrepresentation, mistaken grading, duplicate processing, or any circumstance under which payment should not have been made or should have been made in a different amount, iGotOffer may stop payment, cancel payment, reverse payment, recover the funds, deduct the amount from future transactions, pursue reimbursement from you, or use any other remedy available at law or in equity.

You agree to promptly reimburse iGotOffer for any overpayment, duplicate payment, mistaken payment, or improper payment upon demand. Failure to do so shall constitute a material breach of this Agreement.

iGotOffer may use fraud-detection tools, banking controls, security systems, payment holds, and other loss-prevention mechanisms in connection with payment issuance. These systems may occasionally delay or interfere with the completion of payment.

If you believe that a check, transfer, or other payment was blocked, delayed, rejected, reversed, or otherwise affected in error, you must notify iGotOffer promptly and, in any event, no later than seven (7) calendar days after you first become aware of the issue. Failure to provide timely notice may limit or bar your right to seek correction or reimbursement to the maximum extent permitted by law.

If iGotOffer confirms a payment issue directly caused by iGotOffer, iGotOffer may, in its sole discretion, reissue payment and reimburse documented direct bank fees actually incurred by you as a direct result of that specific error, provided you timely notified iGotOffer and supplied reasonable supporting documentation.

You agree not to initiate any chargeback, payment dispute, ACH reversal, stop payment request, bank claim, or similar payment reversal in bad faith or in a manner inconsistent with this Agreement.

If you initiate or threaten any chargeback, payment dispute, or reversal relating to a transaction with iGotOffer, iGotOffer may suspend your account, reverse any payment, offset any sums due, refuse future service, assess additional administrative costs, refer the matter to collections, share relevant transaction information with the payment processor or financial institution, and pursue any other lawful remedy.

You agree to reimburse iGotOffer for all chargeback fees, dispute fees, collection costs, attorneys’ fees where recoverable, and losses arising out of any improper or unsuccessful payment dispute initiated by you.

You acknowledge and agree that iGotOffer does not guarantee that any transaction will be completed, that any payment will be issued within any particular timeframe, or that iGotOffer will continue operating indefinitely or without interruption.

iGotOffer may, at any time and without prior notice, suspend operations, limit intake, slow processing, pause payments, discontinue any portion of the Services, or cease operations entirely for any reason, including financial condition, liquidity constraints, operational disruption, market conditions, business restructuring, legal developments, regulatory developments, force majeure, or strategic business decisions.

In the event that iGotOffer ceases operations, becomes insolvent, enters restructuring, makes an assignment for the benefit of creditors, is subject to receivership, or files or becomes subject to any bankruptcy or insolvency proceeding, you acknowledge and agree that any claim you may have with respect to any unpaid amount, pending transaction, returned item, or other alleged obligation shall, to the maximum extent permitted by law, be treated solely as a general unsecured claim, without priority, trust status, fiduciary status, or bailment status.

You further acknowledge and agree that iGotOffer is not acting as a fiduciary, trustee, escrow agent, or bailee for your benefit with respect to any Device, funds, or pending transaction, and no such relationship is created by this Agreement, by the receipt of any Device, or by any delay in processing or payment.

To the maximum extent permitted by law, iGotOffer shall have no liability for failure to complete any pending transaction, return any pending Device, or make any pending payment in the event of business interruption, cessation of operations, insolvency, restructuring, or bankruptcy, except to the extent non-waivable law expressly provides otherwise.

Any claim, complaint, dispute, allegation, or demand arising out of or relating in any way to a transaction with iGotOffer, including without limitation any alleged nonpayment, underpayment, lost item, missing component, value dispute, return issue, shipping issue, data issue, payment issue, or service issue, must be submitted to iGotOffer in writing within sixty (60) calendar days after the event giving rise to the claim, or within sixty (60) calendar days after you reasonably should have discovered the event, whichever occurs first.

Failure to provide such written notice within the applicable timeframe shall constitute an absolute, unconditional, and irrevocable waiver of the claim to the maximum extent permitted by law.

No verbal communication, informal support request, payment dispute, chargeback filing, or other communication to a third party shall satisfy this notice requirement unless expressly acknowledged in writing by iGotOffer.

THE WEBSITE, SERVICES, QUOTE TOOLS, SHIPPING FACILITATION, PAYMENT FUNCTIONS, COMMUNICATIONS, AND ALL RELATED MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IGOTOFFER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, QUIET ENJOYMENT, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

IGOTOFFER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, AVAILABLE AT ANY PARTICULAR TIME, OR FREE OF DEFECTS OR HARMFUL COMPONENTS, OR THAT ANY QUOTE WILL REMAIN AVAILABLE OR WILL BE HONORED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IGOTOFFER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, DIMINUTION IN VALUE, COST OF REPLACEMENT, OR OTHER COMMERCIAL LOSS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, IGOTOFFER SHALL NOT BE LIABLE FOR ANY LOSS, THEFT, DAMAGE, DELAY, MISDELIVERY, NONDELIVERY, CARRIER ERROR, DATA LOSS, ACCOUNT LOCK ISSUE, FRAUD REVIEW HOLD, PAYMENT HOLD, PAYMENT DELAY, SHUTDOWN-RELATED NONPERFORMANCE, OR OTHER EVENT ADDRESSED IN THIS AGREEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IGOTOFFER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY DEVICE OR TRANSACTION SHALL NOT EXCEED THE ACTUAL AMOUNT PAID BY IGOTOFFER TO YOU FOR THAT SPECIFIC DEVICE, IF ANY.

THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND IGOTOFFER AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

You agree to indemnify, defend, and hold harmless iGotOffer and its affiliates, officers, directors, employees, agents, contractors, successors, assigns, and representatives from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, penalties, fines, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to:

(a) your breach of this Agreement;

(b) your misrepresentation, omission, fraud, negligence, or willful misconduct;

(c) your submission of any stolen, fraudulent, unlawful, restricted, financed, blacklisted, locked, or third-party-owned Device;

(d) any dispute over title, ownership, possession, carrier status, financing status, or account status of any Device;

(e) your violation of any law, rule, or regulation; or

(f) any claim by a third party arising from your use of the Services or your transaction with iGotOffer.

This indemnification obligation survives termination of this Agreement and completion or cancellation of any transaction.

You shall comply with all applicable laws, rules, regulations, and governmental requirements in connection with your use of the Services and any shipment or transfer of Devices to iGotOffer, including without limitation consumer protection laws, anti-fraud laws, sanctions laws, export control laws, import laws, hazardous materials laws, and all applicable carrier and shipping requirements.

You shall not submit any Device where doing so would violate any applicable law, embargo, sanctions restriction, regulatory prohibition, or governmental order. You are solely responsible for obtaining any permissions, disclosures, approvals, authorizations, or clearances required by law in connection with shipment or transfer of a Device.

You agree not to use the website or Services in any manner that is unlawful, fraudulent, deceptive, abusive, disruptive, or unauthorized. Without limitation, you shall not:

(a) use bots, crawlers, scripts, scraping tools, or automated means to access or interact with the website;

(b) interfere with or disrupt the operation or security of the website or Services;

(c) attempt to manipulate quotes, pricing logic, fraud controls, inspection outcomes, or payment systems;

(d) impersonate another person or provide false information;

(e) use the Services to facilitate theft, fraud, or misrepresentation; or

(f) engage in any conduct that could harm iGotOffer, its users, or third parties.

iGotOffer may restrict, suspend, or terminate access to the website or Services at any time and for any reason or no reason.

Information collected by iGotOffer in connection with the Services is subject to iGotOffer’s Privacy Policy, as amended from time to time. By using the Services, you acknowledge that you have reviewed and consent to the collection, use, disclosure, storage, and processing of information as described in the Privacy Policy.

iGotOffer may amend, modify, update, replace, supplement, or restate this Agreement at any time in its sole discretion by posting the revised Agreement on the website or otherwise providing notice. Unless otherwise stated, such changes shall become effective immediately upon posting.

Your continued use of the Services, continued maintenance of an account, submission of a Device, shipment of a Device, acceptance of a quote, or participation in any transaction after such change constitutes your acceptance of the revised Agreement.

Each time you use the Services or submit a Device, you reaffirm your agreement to the then-current version of this Agreement.

iGotOffer shall not be liable for any delay, interruption, failure, or inability to perform arising out of or relating to causes beyond its reasonable control, including without limitation acts of God, weather events, flood, fire, carrier failures, labor shortages, strikes, cyberattacks, hacking incidents, utility failures, telecommunications failures, supply chain disruptions, government orders, legal restrictions, pandemics, civil unrest, war, terrorism, financial instability, banking interruptions, payment network failures, or any similar event.

In any such event, iGotOffer’s obligations shall be suspended for the duration of the force majeure event and for a reasonable period thereafter.

This Agreement and any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or any transaction with iGotOffer shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of laws principles.

Subject to Section 37 below, any action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Massachusetts, and you irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on improper venue or forum non conveniens.

To the maximum extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, the website, or any transaction with iGotOffer shall be resolved by final and binding arbitration rather than in court, except that iGotOffer may seek injunctive relief, collection relief, or other equitable or provisional relief in any court of competent jurisdiction as necessary to protect its rights.

The arbitration shall be conducted on an individual basis only. You and iGotOffer each waive any right to have any dispute heard by a jury.

You further agree that no dispute may be brought or maintained as a class action, collective action, mass action, representative action, or consolidated action, and that you may assert claims only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

If any part of this Section is found unenforceable, the unenforceable portion shall be severed and the remainder shall be enforced to the maximum extent permitted by law.

This Agreement, together with any transaction-specific terms expressly incorporated by reference, constitutes the entire agreement between you and iGotOffer with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, understandings, negotiations, representations, and agreements, whether oral or written.

You acknowledge that you are not relying on any statement, representation, warranty, promise, or understanding not expressly set forth in this Agreement.

No customer service communication, email, chat response, oral statement, or prior dealing shall modify this Agreement unless expressly stated in a writing signed by an authorized representative of iGotOffer.

If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law, and the invalid provision shall be deemed modified to the minimum extent necessary to make it enforceable while preserving its original purpose as closely as possible.

Headings are for convenience only and shall not affect interpretation. The words “including” and “include” mean “including without limitation.” This Agreement shall not be construed against iGotOffer on the basis that iGotOffer drafted it.

Any provision which by its nature should survive termination, expiration, cancellation, or completion of this Agreement or any transaction shall survive, including without limitation provisions regarding representations and warranties, title, payment reversals, set-off, abandoned property, claims deadlines, warranty disclaimers, limitation of liability, indemnification, governing law, venue, arbitration, jury waiver, class action waiver, and survival itself.

No waiver by iGotOffer of any breach, default, right, or remedy shall be deemed a waiver of any prior, contemporaneous, or subsequent breach, default, right, or remedy. No failure or delay by iGotOffer in exercising any right or remedy shall operate as a waiver thereof.

All rights and remedies of iGotOffer under this Agreement are cumulative and in addition to all rights and remedies available at law, in equity, or otherwise.

Questions regarding this Agreement may be directed to iGotOffer through the contact information published on the website. Any such communication is for convenience only and does not modify this Agreement or waive any provision unless expressly acknowledged in a signed writing by an authorized representative of iGotOffer.

If you have any issues, concerns, or questions about the above agreement, please don't hesitate to message admin@igotoffer.com.