TERMS AND CONDITIONS

Note – These terms are applicable to iPoint's Instant Trade site, where you can sell us your products.

Welcome to iPoint Instant Trade. Please read these website Terms & Conditions carefully before using this website (the “Website” or “we” or "our" or "us") and the services and tools we offer. These Website Terms & Conditions (the “Terms & Conditions”) govern your access to and use of the Website and our products and services. Our Privacy Policy is incorporated in the Terms & Conditions by reference and form part of the Terms & Conditions. Please read the Terms & Conditions carefully. By clicking as indicated below, you accept and agree to be bound by these Terms & Conditions. If you do not agree to be bound by these Terms & Conditions, you must not access or use the Website or any of our services.

General

Our services are for the use of United States Residents who are 18 years of age or older only. When using our services, you agree that:

• You are the legal owner or have permission of the owner to sell the items you are attempting to sell through us;
• You are at least 18 years of age and reside in the United States or one of its territories or possessions. If you do not meet these eligibility requirements, you must not access or use the Website;
• You will not violate any laws, third party rights or our Terms & Conditions or other policies;
• The information you provide will be truthful and accurate; and
• You will not copy, modify, creative derivative works of, distribute, publicly perform or display, or otherwise exploit any content from our services, except as explicitly permitted by these Terms & Conditions (see the section below titled "License" for more detail).

We may transfer, assign, sub-contract or otherwise dispose of this contract, or any of our rights or obligations arising under it, at any time during the term of the contract at our discretion.

You may not transfer, assign, or in any way dispose of this contract or any of your rights or obligations arising under it, without our express written prior consent, which may be electronically communicated by way of email.

We reserve the absolute right to terminate this agreement and cease doing business with you at its sole discretion and for any reason it determines.

Changes To The Terms And Conditions

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing The Website

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Statement.

License & Intellectual Property Rights

All content on the Website or available through our services (including without limitation the name iPoint, trademarks, and all related names, logos, product and service names, slogans; service marks; copyrights; information; website layout, organization, and design, selection and arrangement thereof,; graphics; text, displays, images, video and audio; and software) is owned or licensed by us or third parties and is protected by intellectual property laws including those of the United States and international copyright laws. Your use of this Website and any other of our services is subject to a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our services and the content available through such services solely for your personal use in connection with non-commercial activities. All rights not expressly granted herein are reserved to us.

Except as explicitly permitted by these Terms & Conditions, you may not copy, modify, create derivative works of, distribute, publicly perform or display, or otherwise exploit any content from any of our services, in whole or in part, without our prior written consent (or the consent of the author of that content, if applicable) in each case, which may be granted or withheld in our or such author’s sole discretion.

You must not:

• Modify copies of any materials from this site.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate us, any employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Reliance On Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes To The Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Transactions

A transaction is completed when you agree to submit your items to us. We will provide a unique "Order Number" upon completion of each transaction. Please retain this Order Number for your records. You will need your Order Number for shipping and to track your transaction.

Once we have dispatched payment, received your items, and checked them, the ownership of the items passes immediately and irrevocably to us. In addition, once you have received your payment from us, we may send you a user survey to complete.

Valuations

We only accept items shipped from the U.S. and its territories or possessions. When selling your items, payment is made based on the value offered by us at the time of the transaction only.

You expressly understand, accept and agree that our valuation or offer prices for products shall not be used by you on any other website(s) or on price comparison websites/services. You further agree that you will use our valuation services only to value (e.g., derive offer prices for) items that you actually own, or have the permission of the owner to sell, and are considering selling to us. No other uses of our valuation services are permitted.

For devices, the price offered to you is valid for thirty (30) days from the date that the price is offered to you. If we do not receive and process your items in this period, we may revalue your items.

Rejected Shipments

You understand, accept and agree that we will ONLY honor valuations that it generates and provides. No other valuations by another method or source (e.g., including but not limited to, any other person, organization, entity, system or website) will be accepted or honored by us. Our valuation of an item is its "Offer Price" and such "Offer Prices" are final (for the duration stated herein), in our sole discretion.

Selling Your Stuff - General Conditions

When selling your items to us, you do so under these Terms & Conditions only. The information that you provide to us about your items may affect the price offered for these items. Please ensure that you accurately provide information relating to the items that you want to sell.

For items that fail the Quality Assessment Process (see section below titled "Selling Your Stuff – Quality Assessment") or that have not been included in your relevant online transaction (e.g., they have not been valued using our online valuation engine and made a part of the sale you have submitted and agreed to), SUCH ITEMS CANNOT BE RETURNED UNDER ANY CIRCUMSTANCES AND WILL BE DISPOSED OF BY US.

Upon inspection of your items, if we find any item(s) that we believe to be counterfeit, fake, imitation, an illegal copy or a non-original product we will dispose of them in our sole discretion. Any such determination by us is final and we will not respond to further inquiries regarding the authenticity of such items including but not limited to whether such items are counterfeit, fake, or otherwise imitation items. All such counterfeit, fake, imitation items or illegal copies will not be paid for or returned by us and we may report such incidents to the relevant authorities. By agreeing to these Terms & Conditions, you expressly warrant that the products you sell to us are wholly original and genuine and not counterfeit, imitation or fake, and that your sale of such items to us does not violate any laws.

For items that you send to us, but have not been valued previously by us, or where the valuation process has occurred but we have not actually offered an Offer Price; and/or they do not appear in our valid order/transaction item list, you understand, accept and agree that we will not pay you for these items and are unable to return them, but will dispose of them responsibly.

Selling Your Stuff - Quality Assessment: Selling Devices

After your devices arrive at our warehouse, they will go through our Quality Assessment Process. During this process, our quality control team checks that your items matches the description provided.

Each device you sell should accurately reflect the details you provide to us when getting an instant quote, including but not limited to the make, model, size, color and condition.

Devices will automatically fail our Quality Assessment if they do NOT reflect the description provided on our website, either in terms of make, model, size, color or condition. Your items will also fail if you do not clearly display the label provided in your Welcome Pack on the outside of the package in which the item is sent.

Our Quality Assessment is based upon the Condition Specification presented to you on the website when you describe the condition of your item during the valuation process. The Condition Specifications displayed on the desktop and mobile version of our website supersede all others (as these Condition Specifications may occasionally be outdated due to the new version of the app being released.

Please note: we may also revalue your items if:

• a) You fail to send your Tech items within twenty five (25) days from the date your order was placed
• b) Your items are not processed at our warehouse within thirty (30) days of your order being placed.

By placing an order and sending your devices, you understand and agree that our Valuation is final and we will not enter any discussions regarding the Valuation of the items before and after the Quality Assessment.

Return of Devices: The Price Promise

It is your sole responsibility to ensure that the address listed is correct. You understand and agree that we are not liable for any loss of any kind as a result of items being returned to the incorrect address as a result of your failure to provide your correct, up-to-date address details.

We will email you on the day that your item is due to arrive to your home address.

If your item is not delivered on the agreed delivery date, you must notify us within 14 days. If you don’t notify us within 14 days, we will not be liable for any loss or damage resulting from non-delivery.

When you notify us of non-delivery, we will provide you with a ‘Letter of Denial of Receipt’. You are required to complete this within 7 days. If you fail to submit the Letter of Denial of Receipt within 7 days, we will not be liable for any loss or damage resulting from non-delivery.

We are entitled to make any investigations deemed necessary to confirm the validity of any claim, and will check with the relevant carrier to confirm that non-delivery has occurred.

If our carrier notifies us that a Package has been lost in shipping, you will not be required to submit a ‘Letter of Denial’ and we will investigate the issue. If we conclude that the Package cannot be located and shipped to you, we will contact you in writing to confirm that your Package has been lost. We will then provide payment at the Valuation provided in our revised offer email.

In the instance your item is lost in shipping; we accept no other valuation than our own for the items you claim for. We accept no liability for any other loss, damage or compensation resulting from the return of your item.

If your claim is successful, you will be notified in writing and payment will be made using the payment method chosen when completing your order.

iOS ‘Activation Locked’ Devices

We do not accept iOS 7, iOS 8 or iOS 9 (and any subsequent versions of iOS) which haven’t been removed from iCloud, have Find My iPhone turned on or are subject to any other iOS security features.

We will inform you by email if you send an iOS device with any of the above security features activated. You will then have four days to remove the security features and confirm to us in writing that you have removed the security features.

If we do not receive written confirmation (this includes email) that you have removed the security features from your device within four days, we will recycle your device responsibly.

If we do receive written confirmation that the security features have been removed from your device, we’ll test your device one more time. If we find that the security features are still active and present, we will recycle your device responsibly. If we find that the security features have been removed, we’ll assess your device as usual with our standard Quality Assessment.

You understand and accept that any items subject to iOS security features do not qualify under our price promise and will not be returned for free. It is your sole responsibility to ensure that any iOS devices sent to us are not subject to security features.

Registered stolen, lost or counterfeit items

If we find your devices have been registered or reported lost, stolen, blocked or barred – or we believe the item you have sent could be counterfeit – we will email you, quarantine the device and contact the relevant authorities.

We can’t send your device back to you or make any payments during the Quarantine Period, and we’re legally required to dispose of the device if the ‘red flag’ isn’t lifted within the Quarantine Period. We accept no liability or responsibility for rejecting your item or disposing of it in these circumstances.

If you have any question on rejections, please contact our Customer Service team.

Data Removal

We recommend that you remove all personal information and data that is stored on your device before sending it to us, including any images, passwords, songs, etc.

Please remove any SIM, media storage, memory cards or similar devices from your item before sending it to us. If we find any of these devices when inspecting your item, we will dispose of them responsibility and shall have no responsibility to return them.

If your device include any of the devices listed above, or still contains personal information or data, we have no liability or any losses, claims or damages that arise from your failure to delete the relevant data from your device (knowingly or unknowingly).

By selling your device, you understand and accept that it is your sole responsibility to remove all personal data and cancel any contracts linked to the item.

We recommend that you read one of the many free online guides to deleting your data before sending your item.

Sending Your Items To Us Is Free Using Our Free Shipping Service

We offer customers a number of ways to send your items to us for FREE using:

Our FREE Shipping Service, subject to these Terms & Conditions, which is available to customers who sell over $5 to a maximum of 500 items per order.

You understand, accept and agree to ONLY use our FREE Shipping Service for items that you are selling to us. Any other use of these services is forbidden and should you use or attempt to use our FREE Shipping Service for items other than those which you are selling to us you may be charged for use of this service based on the costs (administrative and/or actual shipping costs) as determined in our sole discretion. Please note that you can use the Shipping Service only for items to shipped from within the U.S. or its territories or possessions.

Users are advised to send their items in as few parcels as possible. All parcels must be secured properly and appropriate packaging should be used. Each parcel should include only the items valued by us for a designated order, or the shipping costs may not be adequately covered.

You must ensure when sending your items to us that you attach the correct label(s) to each package. The label required for each package is provided to you both in your Welcome Pack. You need a unique label for each parcel that you send to us. You must follow the packaging instructions you are provided in your packaging guide. You must affix a valid label to each and every package/parcel that you wish to send to us using our FREE Shipping Service.

Please note that when selling your items to us and using our FREE Shipping Service, the maximum insured value in US Dollars per parcel is $100 and that no other insurance for items is provided or accepted.

For clarity, you accept and agree that we may, at any time and its sole discretion, alter Free Shipping Service Terms & Conditions and shipping options it offers to you for the items you wish to sell although such changes shall not apply to shipments that are already in progress as at the time of a change in the Shipping Service Terms and Conditions.

Getting Paid

Our payments are made by PayPal.

It is your responsibility to ensure that the Payment Details (including but not limited to payee name, address, and PayPal ID) are correct and accurate.

We will not be liable if you fail to receive a payment or suffer any loss (including but not limited to, if a payment is sent to an incorrect account or recipient) as a result of any failure by you to correctly, completely and accurately provide Payment Details. You understand, agree and accept that your receipt of payment from us may depend on third parties (who we cannot and do not control) to process and/or ship these payments and we will not be liable for delay in receipt of payment as a result of the actions or inactions of such third parties.

Promotional Codes

The business will from time to time issue voucher codes as an incentive to trade or buy. These voucher codes are intended to be valid for one use per customer and in cases where the business believes the usage of the code is being abused over and above a normal level of trade, it reserves the right to honor only the first usage of the code and also recover back any usage subsequent to the first time from any current outstanding or future orders.

Transaction Times Guide

The following is offered as an estimate only of the time that the transaction may take to complete and the time it may take for you to receive payment. We are not responsible for any delays under any circumstances.

It may take 7-10 days for your items to reach us using our Free Shipping Service.

We will then check your items against your order and ALL of your items will go through our Quality Assessment Process as quickly as possible.

Please note that we will regularly communicate with you by email regarding the progress and status of each order.

Linking To The Website And Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent. You must not use our Website to:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms and Conditions.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Your Personal Data

We are committed to protecting your privacy. Please ensure that you read our Privacy Policy. Our Privacy Policy explains our data processing practices and your options regarding the ways in which your personal data is used. If you have any requests concerning our use of your personal information or any queries with regard to our processing please contact us at info@ipoint.net.

Warranty Disclaimer And Limitation Of Liability

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES, INCLUDING THE WEBSITE, IS AT YOUR OWN RISK, AND THAT ALL OF OUR SERVICES AND ALL INFORMATION, CONTENT AND OTHER MATERIALS CONTAINED WITHIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SERVICES ARE BEING PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN ADDITION, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES OR LOSSES OF ANY KIND ARISING FROM THE USE OF OUR SERVICES, OR FROM ANY INFORMATION, CONTENT OR OTHER MATERIALS CONTAINED WITHIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SERVICES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF USE, GOODWILL OR REPUTATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER INTANGIBLE LOSSES OR, ANY OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE VALUATION OR OFFER PRICE OF THE ITEMS YOU HAVE OFFERED TO SELL TO US, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $100.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ANY TRANSACTIONS, COMMUNICATIONS OR OTHER DEALINGS YOU HAVE WITH THIRD PARTIES FOUND ON OR THROUGH THE WEBSITE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH THIRD-PARTY SERVICES, AND SHALL NOT BE RESPONSIBLE NOR LIABLE FOR OR IN CONNECTION WITH ANY SUCH THIRD-PARTY TRANSACTIONS, COMMUNICATIONS OR OTHER DEALINGS.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You hereby agree to indemnify, defend, release and hold harmless iPoint, its affiliates, licensors and service providers, and its and their officers, directors, employees, contractors, licensors, suppliers, agents, successors and assigns from and against any and all claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees) made by any third party due to or arising out of (i) your use of the Website or any of our services or access by others to your account, (ii) your breach of these Terms & Conditions, and/or (iii) your violation of any law or the rights of a third party.

Legal Compliance And Taxes

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website and any of our services. You represent and warrant that you have the legal right to sell all items you submit to us, that the items are not counterfeit or stolen or in any way illegal (including not originating from any countries from which the U.S. prohibits importation of said items), and that your submission of them complies fully with these Terms & Conditions. In addition, you agree that you are solely responsible for paying any and all taxes applicable to any sales of items through our services.

Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to conflict of law principles. You agree to bring any claims arising out of, relating to or concerning these Terms & Conditions exclusively in state or federal courts within the State of New York, USA, and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.

Arbitration

All disputes arising between you and iPoint, including disputes arising from or concerning your use of the Website, any transactions between you and iPoint, the Terms and Conditions, including but not limited to their interpretation, violation, invalidity, non-performance, or applicability, shall be addressed in final and binding arbitration under the Rules of Arbitration of the American Arbitration Association (“AAA”) and applying the law of the State of New York. There shall be one arbitrator and each party shall bear its own costs. You agree that the arbitrator may order an injunction if appropriate and you agree not to require any posting of bond or similar requirement in such case.

Miscellaneous

These Terms & Conditions set forth the entire understanding and agreement between you and iPoint with respect to your use of any of our services. If any of the provisions of these Terms & Conditions shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. Any waiver of any provision of the Terms & Conditions will be effective only if in writing and signed by us. The failure to strictly enforce the performance of any provision of these Terms & Conditions shall not be deemed a waiver of our rights under such provision. Nothing in the Terms and Conditions shall be deemed to confer any third-party rights or benefits or to establish any third party beneficiary relationship. We shall not be liable for failure or delay in fulfilling its obligations due to any causes beyond its control, including without limitation, acts of God, transportation difficulties, labor disputes, riots, war, fire, system failures, explosions and epidemics.

Our Company Information & Contacting Us

If you have any questions concerning the Terms and Conditions, or would like to review, revise or delete any of your personal information held by us, you may contact us by sending an e-mail to info@ipoint.net or write to us at:

Aviv Miller LLC

620 Wilson Ave

Brooklyn, NY 11207