Terms and Conditions

usmartmobi Sales and Services Agreement (“Agreement”)

 

Agreement between User and usmartmobi.com.

The usmartmobi.com, and its parent, subsidiaries, and affiliates (“usmartmobi,” “we,” or “us”) provide services (the “Services”) allowing you to (i) sell certain consumer electronic devices to usmartmobi after receiving and agreeing to an “offer” from usmartmobi and (ii) purchase certain consumer electronic devices from usmartmobi. The consumer electronic devices bought and sold through the Services are referred to herein as the “Devices”. You must agree to abide by the following terms in order to use the Services and/or the usmartmobi Website (as defined below).

 

BY ESTABLISHING AN ACCOUNT WITH, OR BY USING USMARTMOBI'S WEBSITE(S), 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 ON USMARTMOBI WEBSITE(S). ANY AMENDED TERMS SHALL AUTOMATICALLY BECOME EFFECTIVE IMMEDIATELY UPON POSTING.

 

Electronic Communications

Visiting usmartmobi.com or sending emails to usmartmobi constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Your Account

In regards to using this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You consent that usmartmobi is not responsible for third party access to your account that results from theft or misappropriation of your account. usmartmobi and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

 

usmartmobi reserves the right to terminate or suspend your use of the usmartmobi Website and/or the Services if you do not comply with this Agreement (as defined below) or any other usmartmobi policy or procedure, or for any other reason we determine, at our sole discretion.

 

  1. This Agreement governs any offer you receive (a) to sell your Device to or through the usmartmobi.com operated by usmartmobi (the “usmartmobi Website”) or (b) to purchase a Device from or through the usmartmobi Website. This usmartmobi Purchase, Sale and Services Agreement and the terms governing your use of the usmartmobi Website, the Services and any and all applications included therein, and any supplemental terms or policies that accompany a specific sale, purchase, transaction, feature or offer, collectively, make up an agreement between you and usmartmobi (the “Agreement”). You acknowledge that this Agreement is in electronic form and has the same force and effect as a written agreement. “You” or “your” means an individual or entity entering this Agreement.
  2. Requirements for Device Sales and Purchases. To sell your Device to usmartmobi or to purchase a Device from usmartmobi, you must establish an account and provide current and accurate information about you. When selling your Device to usmartmobi, you agree to accurately identify the Device and its condition when completing transactions on the usmartmobi Website. To receive payment for any Device you sell to us, you must provide us with current information including a valid email address at which you are able to receive emails, a valid postal address at which you are able to receive mail and package, and your first and last name. usmartmobi may pay you, at usmartmobi’s sole discretion, through PayPal or some other electronic payment method. When purchasing a Device from us, you must provide us with information including first and last name, a valid email address through which you agree to communicate with us, your phone number, your correct billing address, and a valid postal address where you receive mail (if different from your billing address). The following also apply:
    1. You must also comply with all of the terms of this Agreement and with all applicable laws and regulations, including all import and export laws as described in Section 12 below. You may only transact on behalf of yourself and not on behalf of others. You must be over 18 years old and have the legal capacity to enter into agreements.
    2. You expressly understand and agree that if you fail to provide us with accurate and up-to-date information about yourself: (i) usmartmobi shall not be responsible for any Trade-In payments sent to a wrong account or person, and (ii) any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws. You agree that usmartmobi has no obligation to you if any of your unclaimed funds are turned over to any governmental authority in accordance with applicable laws. (iii) usmartmobi is not responsible for communication errors if your contact information is inaccurate or incomplete. You are responsible for receiving and reading emails from usmartmobi.
    3. Credit Card or PayPal – Your credit card, should you choose to pay with, will be charged through PayPal when your purchase is made, or you can choose to pay with your PayPal account.
    4. Sales Tax – State sales tax will apply in any jurisdiction in which we are obligated to collect sales tax.
    5. Returns – usmartmobi offers a 30-day return policy which commences on the date of delivery, as recorded by usmartmobi. In the event of a return, usmartmobi will refund the full amount of the purchase price, plus any applicable sales tax, after confirming receipt of the Device being returned without any usage-incurred damage.
    6. Carrier Services – Please be aware some Devices require wireless service, carrier service contracts, and/or data plans to be fully functional. These services and plans are not included in the purchase price and are not provided by usmartmobi.
    7. Device Pricing – usmartmobi constantly evaluates Device pricing based on a variety of factors, including market conditions and condition of the Device, and therefore does not price match other sellers nor buyers of similar devices and does not offer price adjustments once a payment is complete.
    8. Device Availability – Devices are not guaranteed to be available until the purchase order is accepted by usmartmobi and confirmed on the usmartmobiWebsite. usmartmobi reserves the right to cancel any purchase order at any time prior to delivery of the Device for any reason.
    9. Device Eligibility – usmartmobi determines, at its sole discretion, which Devices are eligible to trade-in to or sell by usmartmobi. usmartmobi may terminate eligibility of certain Devices at any time without notice, but such termination will not affect any Devices for which you have already accepted an offer, which is good for 14 days, except as set forth in Section 8 below.
    10. Customer Support – usmartmobi does not provide any technical or other support in connection with any Device offered for sale through the usmartmobi Website.

     

  3. Condition of Device. As described in Section 8 below, when you sell a Device to usmartmobi, usmartmobi will inspect your Device condition upon receipt and will compare that condition to the answers you provided during the submission process on the usmartmobi Website. If you are uncertain about your Device's condition, please contact our customer service.
  4. Device Valuation. All offers by usmartmobi to purchase Devices will be based on usmartmobi’s determination of Device value and depend on the accuracy of the information you supply us. usmartmobi will use its discretion to determine Device value based on, among other things, the Device model, functionality and condition and whether necessary Device accessories have been provided by you. Upon receiving an offer for your Device from usmartmobi, you may accept or reject it. Acceptance means you agree to provide your Device to usmartmobi at the offered price. If you do not accept usmartmobi’s offer and do not send your Device to usmartmobi, the specific transaction will expire after 14 days. Device eligibility and offer value may have changed based on a variety of factors.
  5. Trade-in Eligibility. You must have all right, title, and interest in any and all Devices you seek to sell to usmartmobi and all Devices must be able to be activated for new service. Devices and their sale and shipment to usmartmobi: (i) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws as described in Section 12 below, (ii) may not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), and (iii) shall not be counterfeit, stolen, or fraudulent. You represent and warrant that any Devices you sell to usmartmobi are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due. By using the usmartmobi Services, you agree to indemnify usmartmobi from all claims or losses sustained by usmartmobi as a result of any breach of your representations and warranties. It is your responsibility to discontinue wireless service, carrier service contracts and/or data plans on your Device before selling it to usmartmobi. usmartmobi is not responsible for any service charge related to your Device, whether you incur such charges before, during or after your use of the usmartmobi Services. It is also your responsibility to remove any security codes (such as Find My iPhone, Factory Reset Protection) that would prevent resale or use of any Device you sell to usmartmobi.
  6. Providing Your Device to usmartmobi. You must include all required accessories and materials that are specified in the instructions to trade-in your Device. This may include software, accessories, adapters, and manuals. Failure to do so, or if you send us a different Device or something else entirely, may impact the payment of any refund you request from usmartmobi or result in a lower payment for your Device or rejection of the Device and cancellation of the offer.
  7. Remove Data From Your Device. You must remove or back up and store any data you wish to keep from your Device, and remove any personal information from the Device, before sending it to usmartmobi. usmartmobi’s practice is to remove all such data and information from the Devices we purchase, but we make no guarantee that we will do so. By sending usmartmobi your Device, you agree to release us from any claim regarding or arising from the Device, the data stored in the Device, or any information on any media used in conjunction with the Device you send to usmartmobi, or for such data's security, integrity, confidentiality, disclosure or use. usmartmobi is not responsible for any loss suffered by you due to any data that is not erased from the Device and transferred to a third party, or any loss of data after you submit a Device to usmartmobi.
  8. Device Inspection; Final Offers. When selling your Device to usmartmobi, your Device must be received by usmartmobi within 14 days after you accept the initial offer provided by usmartmobi on the usmartmobi Website (the "Offer Period") or the offer will automatically expire. You must use and follow the packing and shipping instructions provided to you by usmartmobi to avoid possible delays in processing, damage to or loss of the Device. usmartmobi will inspect all Devices you send us and reserves the right to reject the Device, including without limitation, because the Device does not conform to the description you provided during your transaction on the usmartmobi Website, the Device is modified such that it no longer conforms to the original factory specifications, the Device no longer complies with applicable laws or regulations (such as FCC rules) and/or the Device is damaged or lost in transit. If usmartmobi rejects the Device for any reason, including the above reason(s), the initial offer will automatically expire. usmartmobi reserves all rights to revoke the initial offer and make an adjusted offer for the Device in the event (a) the Device and/or included accessories and materials are not as described, (b) the Device is received by usmartmobi after the Offer Period, and/or (c) usmartmobi receives Device(s) not matching those identified by you in your transaction(s) on the usmartmobi Website. To the extent usmartmobi makes an adjusted offer for your Device, you will be given five (5) days from the date of that offer to accept or reject the adjusted offer. If you reject the adjusted offer, or do not accept it during that five (5) day period, the adjusted offer will automatically expire and the Device will be returned to you. The amount paid to you, if any, will reflect the value of the initial offer or any adjusted offer accepted by you on the usmartmobi Website.
  9. Transfer of Device Rights to usmartmobi. Once you sell or return your Device, usmartmobi cannot and does not guarantee that it will be able to return the Device to you in any way, including any information contained in it. If usmartmobi rejects the Device, your Device will be returned to you; provided, however, that usmartmobi reserves the right to dispose of, and not return to you, anything you send to usmartmobi that does not qualify as a wireless communications device as determined by usmartmobi (e.g., a television, set top box, laptop computer, food, clothing or anything else that doesn’t resemble the Device you described during your transaction on the usmartmobi Website). Title to the Device passes to usmartmobi upon usmartmobi’s acceptance of the Device. If usmartmobi returns a Device to you, for whatever reason, title shall not pass and shall remain with you.
  10. Risk-Of-Loss. When selling a Device to usmartmobi, you are responsible for the risk-of-loss for or damage to any Device until it is received by usmartmobi at the location specified in the shipping materials we provide. usmartmobi is responsible for risk-of-loss when it receives your Device at the specified shipping location, and usmartmobi remains responsible for the risk-of-loss unless/until usmartmobi returns the Device to the carrier selected to return your Device to you. If you return a Device to usmartmobi that you purchased from usmartmobi, you are responsible for the risk-of-loss for the Device until usmartmobi receives the Device.You are responsible for any damage that may occur to the Device while in transit back to usmartmobi.
  11. Non-Transferable. Any offer by usmartmobi for your Device is non-transferable and not redeemable for any other consideration other than what is finally paid by usmartmobi after inspection of your Device.
  12. Import and Export Laws. You agree to comply fully with all import and export laws, regulations, rules and orders of the United States, or any government agency or authority, and that you will not directly or indirectly transfer any Device without authorization. You bear responsibility for and assume all expenses relating to your compliance with governing laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances in order to convey any Device to usmartmobi in connection with a sale, including without limitation, valuation, classification and duties applicable with the import of any goods. Note: United States trade sanctions administered by the Office of Foreign Assets Control (“OFAC”) generally prohibit the importation into the United States (including United States territories), either directly or indirectly, of most goods, technology or services from, or which originated from, Crimea, Cuba, Iran, North Korea, or Syria; or from persons designated on restricted parties lists administered by OFAC. In addition, under United States export regulations there are restrictions on exports of items to these destinations, and to Sudan, and to restricted parties designated by OFAC or designated on restricted parties lists administered by the Departments of State and Commerce. You may not offer or provide to usmartmobi, any Device that would violate the provisions of this Section 12.
  13. Promotions. From time to time, and at usmartmobi’s sole discretion, usmartmobi may offer promotional programs. Promotions involving payments are applied as an increment to the final payment for your Device, but they are not considered a change in the final offer for the Device or its value. Promotional programs have explicitly defined terms, including, but not limited to, expiration, usage per person and per transaction, and other limitations and restrictions. Unless otherwise stated, promotions must be applied by you before checkout. For the avoidance of doubt, once checkout is completed, promotions cannot be applied to the same transaction. usmartmobi reserves the right, at its sole discretion, to cancel or refuse promotions.
  14. Accuracy of Information. usmartmobi makes every effort to ensure the accuracy of all information you receive in relation to your Device. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. As such, usmartmobi reserves the right, at any time prior to payment, to correct errors or change an offer.
  15. Privacy. Please refer to our Privacy Policy on the usmartmobi Website for information about how we collect, use and disclose information about you.
  16. Electronic Notices and Transactions. You agree to transact with us electronically, including without limitation, agreeing to terms or offering to sell your Device electronically. You authorize usmartmobi to provide you with terms and important usmartmobi notices and your transactions to an email address you provide to us or by posting notices on an applicable page (or my account area) on the usmartmobi Website. It is your duty to keep your email address accurate and up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by junk mail and spam filters (or similar types of email blocking tools). If you no longer desire to transact electronically with us, you may no longer use the usmartmobi Website. 
  17. Use of Services. By using the usmartmobi Website, you agree not to (i) access any of the usmartmobi Services by any means (including, without limitation, by use of scripts, web crawlers or similar methods) other than through the user interface provided by usmartmobi and (ii) engage in any other activity that interferes with or disrupts the usmartmobi Services or performance of the usmartmobi Website.
  18. No Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE USMARTMOBI SERVICES AND USMARTMOBI WEBSITE ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. USMARTMOBI DISCLAIMS 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 USMARTMOBI WILL MEET YOUR REQUIREMENTS.
  19. Limited Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL USMARTMOBI OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE “USMARTMOBI  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 USMARTMOBI 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 USMARTMOBI AND THE USMARTMOBI PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE USMARTMOBI SERVICES AND USMARTMOBI WEBSITE EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US OR (II) $500. THE LIMITATIONS SET FORTH IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE LIABILITY FOR USMARTMOBI’S GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, MALICIOUS OR RECKLESS MISCONDUCT, OR FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY DEVICES YOU PURCHASE THROUGH THE USMARTMOBI SERVICES.
  20. Indemnity. You agree to indemnify, defend, and hold harmless usmartmobi and the usmartmobi 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 terms under this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
  21. Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties. The captions are only for convenience and are not part of this Agreement or to be used in determining the intent of the parties. No waiver by usmartmobi of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Sections 4, 5, 7, 8, 9, 10, 12, 14, 17, and 18 through 24 shall survive termination of this Agreement.
  22. Modification. usmartmobi reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the usmartmobi Website and/or the usmartmobi Services. Your continued use of any usmartmobi Website and/or usmartmobi Services after any such changes take effect constitutes your acceptance of such changes. Each time you buy or sell a Device using the usmartmobi Services, you reaffirm your acceptance of this Agreement in effect at the time of your use of the usmartmobi Services or the usmartmobi Website. You are responsible for reviewing this Agreement each time you use the usmartmobi Services and/or the usmartmobi Website.
  23. Applicable Law and Venue. THIS AGREEMENT AND THE TERMS OF THE PURCHASE AND SALE OF DEVICES USING THE USMARTMOBI SERVICES AND THE TRANSFER OF TITLE OF DEVICES, ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH TEXAS LAW AND TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THIS AGREEMENT OR TO SUCH TERMS.
  24. Dispute Resolution. WE HOPE TO MAKE YOU HAPPY, BUT IF THERE'S AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT'S EXPECTED OF BOTH OF US.

 

YOU AND USMARTMOBI BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY. WHILE THE PROCEDURES MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT:

 

(1) THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES), INCLUDING ANY DISPUTES YOU HAVE WITH OUR EMPLOYEES OR AGENTS, WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) OR BETTER BUSINESS BUREAU (“BBB”). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU. THIS AGREEMENT TO ARBITRATE CONTINUES TO APPLY EVEN AFTER YOU HAVE STOPPED RECEIVING SERVICE FROM US.

 

(2) UNLESS YOU AND USMARTMOBI AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR MAILING ADDRESS PROVIDED TO US ON THE USMARTMOBI WEBSITE. FOR CLAIMS OVER $10,000, THE AAA’S CONSUMER ARBITRATION RULES WILL APPLY. FOR CLAIMS OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM CAN CHOOSE EITHER THE AA’S CONSUMER ARBITRATION RULES OR THE BBB’S RULES FOR BINDING ARBITRATION OR, ALTERNATIVELY, CAN BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG) OR FROM US. FOR CLAIMS OF $10,000 OR LESS, YOU CAN CHOOSE WHETHER YOU'D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN PERSON OR BY PHONE.

 

(3) THIS AGREEMENT DOESN'T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA OR BBB PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.

 

(4) IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO USMARTMOBI SHOULD BE SENT TO USMARTMOBI.COM, 13301 PARK VISTA BLVD., SUITE 100, FORT WORTH, TEXAS 76177. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF WE ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. USMARTMOBI WILL REIMBURSE ANY FILING FEE THAT THE AAA OR BBB CHARGES YOU FOR ARBITRATION OF THE DISPUTE. IF YOU PROVIDE US WITH SIGNED WRITTEN NOTICE THAT YOU CANNOT PAY THE FILING FEE, USMARTMOBI WILL PAY THE FEE DIRECTLY TO THE AAA OR BBB. IF THAT ARBITRATION PROCEEDS, WE WILL ALSO PAY ANY ADMINISTRATIVE AND ARBITRATOR FEES CHARGED LATER.

 

(5) WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANYTIME BEFORE THE ARBITRATION HEARING. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM. IF YOU DO NOT ACCEPT THE OFFER AND THE ARBITRATOR AWARDS YOU AN AMOUNT OF MONEY THAT’S MORE THAN OUR OFFER BUT LESS THAN $5,000, OR IF WE DON'T MAKE YOU AN OFFER, AND THE ARBITRATOR AWARDS YOU ANY AMOUNT OF MONEY BUT LESS THAN $5,000, THEN WE AGREE TO PAY YOU $5,000 INSTEAD OF THE AMOUNT AWARDED. IN THAT CASE, WE ALSO AGREE TO PAY ANY REASONABLE ATTORNEYS’ FEES AND EXPENSES, REGARDLESS OF WHETHER THE LAW REQUIRES IT FOR YOUR CASE. IF THE ARBITRATOR AWARDS YOU MORE THAN $5,000, THEN WE WILL PAY YOU ONLY THAT AMOUNT.

 

(6) AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE, IT CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.

 

(7) IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SUBSECTION (3) CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.

 

(8) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND USMARTMOBI AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND USMARTMOBI UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.

 

We welcome your questions or comments regarding this Agreement, please feel free to email [email protected].

 

Last Update: Oct 21,2020

 

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