Terms & Conditions

PART 1 – INTRODUCTION

We welcome you to the sellshark website, and we welcome you to use our website, content, services, and all other applications connected with the website conditional upon your acceptance in full and without modification of these terms and conditions.

You accept that you agree to our terms and conditions by your use of/and or registration of a user account on the website.

You also accept that these website terms and conditions shall be deemed as having the same effect as an agreement put into writing.

Do not use our website and its provided services if you do not fully agree with all of the provisions of this agreement.

Whenever we change these terms and conditions by adding supplemental terms, deleting some terms, clarifying some terms, or reviewing it in any other manner, we will deem your continued use of the website as your continued acceptance of our most recent terms.

It is your responsibility to check back often for any reviews to these terms and conditions, as we will not give you a special notice anytime that we

PART 2 - IMPORTANT INFORMATION ABOUT SELLSHARK

Part 2, Section 1 – What sellshark does

sellshark provides a service that allows users to sell their used electronics to us at a premium price. We welcome users to describe their their device (including iPhones, iPads, Macs, AirPods, Displays, or Apple Watch) to us through provided windows on the website.

Once we have the details, we give users a competitive quote, and upon such a user’s acceptance of our quote, we will issue a free shipping label through which the user can send us the described device within 30 days.

Once we have verified that the electronics is in the described condition, we issue payment to the user’s provided bank account through PayPal or Bank Transfer.

Part 2, Section 2 – Intellectual property and copyrights

We have provided all content that we feature on, display on, or make available through, the website including without limitation any moving images, code, illustrations, video, sounds, images, photographs, information, communications, text, graphics, and all other materials.

Alternatively, the content is owned by our parent, associates, content providers, or licensors.

All provided content are completely protected by trademark, copyright, and other applicable laws and international copyright laws. You are not allowed to use any of this content in a way not allowed by us in a written consent. We may bring a civil or criminal suit against any violator of our copyright, and violators may be subject to legal consequences.

You also accept that all logos, icons, trade names, trade dress, service marks, and trademarks on the website are the property of sellshark, its parent, its associates, individual licensors, or other third parties.

You are not allowed to transmit, distribute, reproduce, republish, copy, or modify the trademarks found on this website without sellshark’s prior written consent. The use of any of our trademarks, without the written permission of sellshark, is prohibited.

Part 2, Section 3 - International use

We do not give any warranty or guarantee that our provided service is applicable or available for use in any country outside of the United States.

Users who use our website from jurisdictions both within and outside of the United States do so at their personal risk and are fully answerable and responsible for compliance with all relevant jurisdictional laws.

PART 3 – USING THE SERVICES

Part 3, Section 1 – Account registration

It is not compulsory for visitors to the website to register a user account before they can view our services or browse through our website.

It is, however, a requirement for all users who want to use our provided services to complete a transaction with us to register a sellshark user account.

To register an account, we will ask you to provide information such as your name, phone number, email address, physical address, and any other information that we deem to be relevant. You accept that you will only provide us with complete, true, and honest information and that you will update your information as it changes.

You accept that you are at least 18 years of age or older to use our services, as we do not enter into legally binding contracts with minors.

You also accept that you will use your registered account for your personal use only and that you will not share your account details with a third party or permit another person to use your account. If you suspect an unauthorized use of your account, you must immediately contact us to inform us.

You will be held responsible for all transactions that occur under your account name, whether this was authorized by you or not.

Part 3, Section 2 – Your representations

You make the following representations in your use of this website and our services:

That you are at least 18 years of age;

That you have the legal capacity to enter into and be bound by contracts;

That you have provided only current, honest, and factual information about yourself;

That you will always obey and adhere to all of our terms and conditions;

That your use of our service and any transaction that you enter into with us will not violate the rights of any third party; and

That the device you are offering to sell to sellshark is rightfully owned by you and that such a device is fully owned by you and free of all encumbrances and/or liens.

Part 3, Section 3 – How to sell your device

Selling your device to us can be done in three easy steps.

Step 1: Get an offer from us by finding your device on our website. Select its condition, and accept our instant offer.

Step 2: Print or request a pre-paid shipping label. Mail your device to us using our free and trackable labels.

Step 3: Get paid instantly upon completion of inspection of your order.

Part 3, Section 4 – User-provided content

Any remarks, inquiry, know-how, procedure, recommendation, idea, material, thought, information and other communications that you post on the website or that you transmit to the website will be considered by us as non-confidential, non-personal, and non-proprietary, and you accept that we may use such user-provided content for any reason and for any purpose, including for non-profit and commercial making purposes.

We may use your user-provided content in whatever context or in whatever media, whether now known or to be developed in the future, as we may decide, in our sole discretion, without the requirement of compensating you or recognizing you as the source of the content.

This may include without limitation for the innovation, creation, or promotion of services and products for commercial purposes.

Part 3, Section 5 - Acceptable use of the website

You are not allowed to obtain, or attempt to obtain access to certain areas of the sellshark website that are off-limits to users;

You may not attempt to evade any security measures that we have put on the website, or encourage others to do so;

You are not allowed to hinder or restrict other users from using the website;

You may not use any unauthorized automated means to access the website, or any user account or computer device connected to the website.

You may not send false, misleading or inaccurate information to sellshark;

You are not allowed to download, transfer or store copies of streamed content;

You may not make available any content or act in a manner that creates the risk of harm, injury, death, disability, disfigurement, emotional distress, or physical injury to yourself or any other person;

You are not allowed to deliberately post any content or act in a manner to distribute spywares, malwares, viruses, or other injurious code or content to the website;

You may not take any action that, in our sole discretion, imposes an excessively large load on sellshark’s technology infrastructure;

You are not allowed to use the website to spam other users or to send them unsolicited communications such as chain letters and pyramid schemes;

Do not intentionally impair the website by overburdening it with requests or attempt to disrupt or harm the sellshark website or its systems;

You are not to deliberately post any incorrect or out of date content;

You are not to deliberately post any content or act in a manner that solicits business for third party products or services other than the services that sellshark offers and markets on sellshark.com;

You are not allowed to post any content or act in a manner that inspires or encourages criminal offenses and conduct;

You may not provide any content that you have no right to make available due to fiduciary duty, contract, or operation of law;

You are not allowed to upload any content or act in a manner that makes available any information, or behavior that we deem as ethnically or racially offensive, defamatory, threatening, infringing,humiliating, distressing, harmful, slanderous, obscene, unlawful, abusive, vulgar, or invasive of personal privacy or publicity rights;

You are barred from reverse-engineering the website or its systems;

You may not forge or manipulate identifiers and headers in an attempt to hide the origin of any content that you make available on the website;

You are not allowed to impersonate any person, including, but not limited to, any sellshark official or other users of the service; and/or

You are not allowed to make available any content that discriminates against other people due to their age, gender, sexual orientation, nationality, color, race, or religion.

If we find that you have breached any of the terms of this section, we reserve the right to hold you answerable for all accounting and legal costs arising out of your violation. We may also permanently terminate your use of the website.

PART 4 – DISCLAIMERS AND LIMITATION OF LIABILITY

We provide the website and all materials that we make available through it on an 'as is' and 'as available' basis, without any representation or warranty of any kind, whether statutory, implied, express, or otherwise.

sellshark fully disclaims any express or implied warranties, which includes but is not constrained to the warranties of acceptance, satisfactory quality, non-infringement, fitness for a particular purpose, accuracy, or merchantability.

We are not in any way guaranteeing or representing that the materials found on the website or the website itself will be as per your requirement or be to your satisfaction. We are also not guaranteeing or representing that the website is virus-free or free of other harmful components.

While we have made all efforts to ensure that any information that we provide on the website are accurate and gotten from reputable resellers, marketing agents, publishers, software developers, and advertisers, you accept that we have no control over the correctness of such information, that we do not guarantee such materials or information, and that we are in no way responsible for any provided information, including its legality, copyright compliance, quality, content, currency, or accuracy, or any resulting damage or loss.

You accept that you use the website and rely on any information and materials that we make available at your own risk.

To the greatest degree allowable by relevant law, under no circumstances will sellshark or its affiliates, agents, employees, officers, or directors, be answerable for any damages or hurts, including without limitation any loss of or damage to property, profit or income, loss of data, any special or consequential damages, or any other incidental, indirect, or compensatory damages, or for any claims brought by a third party, whether in respect to the materials or the website irrespective of if the legal theory is based in warranty, negligence, tort, contract, or otherwise, even if sellshark have been informed of the likelihood of such damages.

Under no circumstances will we be responsible or answerable for any damages or losses that may result in any way from any events that are outside of our control, including but not in any way constrained to failure of performance, interruption, or delay in service or operation, any virus or internet failure, irrespective of whether this was brought on by theft, communications failure, or from an act of God.

However, the limitations set forth in these terms and conditions will not exclude or limit liability for personal injury, property damage, reckless or malicious misconduct, fraud, or gross negligence on our part.

PART 5 – OTHER IMPORTANT TERMS

Part 5, Section 1 – Hyperlinks

We may sometimes provide links to websites, services, products, software, and applications, of other companies, organizations, and businesses.

You are not to take the existence of these links as an approval of the services, products, content, procedures, and/or policies of those linked websites. All users make use of other third-party websites at their own risk.

We, therefore, recommend that you check the third-party website's terms and conditions before using such websites.

Part 5, Section 2 - Access

You accept that it is your responsibility to obtain, at your own expense, all the services and the equipment that you need to gain access to and use the sellshark website. You will be liable for all applicable carrier fees for text messaging, data, and other services if you access the website through a wireless or mobile device.

Part 5, Section 3 - Electronic notices and transactions

Your use of our website shall be taken as your acceptance to transact with us electronically. This means that you are agreeing that any purchase of your items shall be made electronically and that you are authorizing us to send you any important information about the sellshark website and services to you through your provided email address.

Part 5, Section 4 - Indemnity

You consent to indemnify sellshark, its associates, employees officers, agents, managers, and licensors, innocent from and blameless against any and all liabilities, expenses, losses, penalties, reparations, claims, and costs resulting from any breach by you of this legal agreement, or your use of the website.

Part 5, Section 5 - Severability of terms and waivers

If any condition of this agreement is found by a United States court of competent jurisdiction to be invalid, such a provision will be modified to reveal the parties' original intent, and all residual conditions of these terms shall remain in effect and full force.

The failure of sellshark to enforce or exercise any provision of these terms and conditions shall not be considered a waiver of such a provision.

Part 5, Section 6 - Disputes

Except where prohibited, you consent that all disputes, claims, and causes of action directly or indirectly that may arise out of your use of the website will be settled on an individual basis, and shall not be resolved in any kind of class action.

Part 5, Section 7 - Printed version

A printed version of these terms and conditions will be admissible in court or other proceedings as if they were originally generated and maintained in printed form.

Part 5, Section 8 - Investigative complaints

Where we suspect violations of this website and our services, you accept that we have the right to investigate such and take any appropriate steps, including without limitation reporting any suspicious illegal activity to regulators, law enforcement officials, or any other third party, and revealing any appropriate or necessary information including traffic information, IP addresses, posted materials, usage history, email addresses, and user profiles.

You also accept that sellshark has the right to seek all remedies that are available in equity and at law for the breach of these terms and conditions, including without limitation the right to block access from a specific internet address to any sellshark website.

Part 5, Section 9 - Governing law

These terms and conditions are construed in accordance with the law of the United States and shall be so governed. You consent to submit to the exclusive jurisdiction of its courts.

PART 6 – PRODUCT INSPECTION

Offer Recalculation. Your Product must be received by sellshark within thirty (30) days after you accept the original offer provided by sellshark and complete the check- out process on the sellshark Website (the "Delivery Period") or the offer shall automatically expire. Packing and shipping recommendations provided to you by sellshark should be followed in order to avoid possible damage to or loss of the Product in transit. sellshark will inspect all Products that are received. sellshark has the option to accept or reject the Product, including without limitation, to reject any Product not conforming to the description you provided to us, any Product modified in such a way that it no longer conforms to the original factory specifications, any Product no longer complying with applicable laws or regulations (e.g., FCC rules, etc.) and/or any Product damaged or lost in transit. If sellshark rejects the Product for any of these reasons, the original offer automatically expires and is rescinded. sellshark reserves the right to revoke the original offer and provide a revised offer for the Product if: (a) the Product and/or materials are not as described, (b) the Product is received by sellshark after the Delivery Period, and/or (c) sellshark receives Product(s) that are different from those identified when your offer was calculated.

PART 7 – RECALCULATED PRODUCT OFFERS AFTER INSPECTION

In the event sellshark recalculates the offer it provided for the Product after it has been received and inspected, as described above, you shall have the option of accepting or rejecting the new offer. If you accept the new offer, you will be paid in normal course and in accordance with these service terms. If you reject the new offer, sellshark will return the Product “at your own expense” to you at the address from which it was originally sent. sellshark will give you a period of three (3) days after sellshark presents you with a recalculated offer via email at the address you provided to accept or reject the new offer (the "New Offer Period"). sellshark will also remind you of the outstanding new offer one or more times during the New Offer Period. However, if the new offer is neither affirmatively accepted nor rejected by you during the New Offer Period, the new offer will be deemed to have been accepted by you and you will be paid the new offer price in the normal course and in accordance with these service terms. For the avoidance of doubt, your acceptance of the original offer and/or any new offer is final and you may not change your mind later about accepting such offer.

PART 8 – RELEASING RIGHTS TO PRODUCTS

Once you send sellshark your Product, sellshark cannot and does not guarantee that it will be able to honor any request for return of the Product and/or any data or information contained in such Product. Of course, if sellshark rejects the Product or you do not accept any new offer for the Product pursuant to Sections 9 and 10 ("Return Circumstances"), your Product will be returned to you as set forth in Sections 9 and 10.

PART 9 – PASSING OF TITLE

Title to the applicable Product passes to sellshark upon sellshark’s acceptance of the Product for the original offer or the new offer, as applicable. If there is a Return Circumstance, title shall not pass and shall remain with you.

PART 10 – NON-TRANSFERABLE

Any offer by sellshark for your Product is non- transferable and not redeemable for any other consideration other than what is offered by sellshark.

PART 11 – 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 foreign government agency or authority, and that you will not directly or indirectly transfer your Product without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances in order to convey your Product to sellshark, including without limitation, valuation, classification and duties applicable with the import of any goods. Please note: U.S. trade sanctions administered by the Office of Foreign Assets Control (OFAC) generally prohibit the importation into the United States (including U.S. territories), either directly or indirectly, of most goods, technology, or services (except information and informational materials) from, or which originated from Cuba, Iran, Iraq, Libya, North Korea, Serbia, or Sudan; from foreign persons designated by the Secretary of State as having promoted the proliferation of weapons of mass destruction; named Foreign Terrorist Organizations; designated terrorists and narcotics traffickers. You may not offer or provide to sellshark for sale, any Products that would violate the provisions of this Section 15.

PART 12 – PROMOTIONS

From time to time, and at sellshark’s sole discretion, sellshark may offer promotional programs as an incentive to customers. Promotions applicable to payments are applied as an increment to the final value of a customer's Product, but they are not considered a change in that final 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. sellshark reserves the right, in its sole discretion, to cancel or refuse promotions.

PART 13 – ACCURACY OF ALL INFORMATIONS

sellshark makes every effort to ensure the accuracy of all information you receive in relation to your Product. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. As such, sellshark reserves the right, at any time prior to payment, to:(a) Correct an error. (b) Change the offer. In the event the Product has already been sent to sellshark, the changed offer will become a New Offer subject to the processes set forth in Section 9 and Section 10. Otherwise, the changed offer will be a re-issued original offer, which you may accept or reject. (c) Void a transaction. If the Product was already sent to sellshark, sellshark will be deemed to have rejected the Product resulting in a Return Circumstance subject to Section 11.

PART 14 – PRIVACY

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

PART 15 – ELECTRONIC NOTICES AND TRANSACTIONS

You agree to transact with us electronically, including without limitation, agreeing to terms and conditions or offering to sell your Product by electronic means. You authorize sellshark to provide you with terms and important notices about sellshark and your transactions to an email address you provide to us or by posting notices to your email address provided to www.sellshark.com. 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 spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the sellshark Websites.

PART 16 – ACCESS

You are responsible for obtaining at your own expense all equipment and services needed to access and use the sellshark Websites and the sellshark Services, including all devices, Internet browsers and Internet access. If you access the sellshark Website and the sellshark Services through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.

PART 17 – USE OF SERVICES

By using sellshark Websites, you agree not to (i) access any of the Services by any means (including, without limitation, by use of scripts, web crawlers or similar methods) other than through the user interface provided by sellshark; and (ii) engage in any other activity that interferes with or disrupts the Services or performance of the sellshark Websites.

PART 18 – NO WARRANTIES

WE PROVIDE THE SELLSHARK SERVICES AND WEBSITES "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH SELLSHARK WILL MEET YOUR REQUIREMENTS.

PART 19 – LIMITED LIABILITY

IN NO EVENT SHALL SELLSHARK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE 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 SELLSHARK UNDER THIS AGREEMENT. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.

PART 20 – INDEMNITY

You agree to indemnify, defend, and hold harmless sellshark, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors 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 (or anyone using your account’s) 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.

PART 21 – ENTIRE AGREEMENT/NO WAIVER

This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The captions are used only as a matter of convenience and are not to be considered a part of this agreement or be used in determining the intent of the parties to it. No waiver by sellshark of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

PART 22 – CORRECTIONS OF ERRORS AND INACCURACIES

The sellshark Website and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. sellshark therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. sellshark does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.

PART 23 – MODIFICATION

sellshark reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the sellshark Websites and/or the sellshark Services. Your continued use of any sellshark Website and/or sellshark Services after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale to sellshark, you reaffirm your acceptance of this Agreement as in effect at the time of such use. You are responsible for reviewing this Agreement each time you use the sellshark Websites and/or the sellshark Websites. The Agreement is and will be located on this page https://sellshark.com/terms-conditions/ The last date this Agreement was revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.

PART 24 – APPLICABLE LAW AND VENUE

THIS AGREEMENT AND THE TERMS OF SALE AND TRANSFER OF TITLE OF YOUR PRODUCT ARE GOVERNED BY AND CONSTRUED IN ACCoRDANCE WITH MASSACHUSETTS LAW AND TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. BY CLICKING SUBMITTING A CASH OFFER REQUESTING AND CLICKING THE "SUBMIT" BUTTON ON ANY PAGE, YOU AGREE THAT ANY ACTION AT LAW OR INEQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN SAINT LOUIS,MISSOURI AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH LANGUAGE.

If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email [email protected]

Right to Refuse Devices Due to Bio Hazard / Safety Concernssellshark reserves the right to refuse any device for inspection and/or payment that is deemed unsafe or hazardous in any way. This may include, but not limited to, any of the following: Human or Animal Bodily Fluids (Urine, Blood, Feces, Vomit, Hair) Insects, Oils, Unknown Liquids, Excessive Grime, Strong to Mild Odors, or any other substance or sign of potentially hazardous materials. sellshark will be the sole party to determine if any of the above listed issues may be present, regardless of what the customer states upon shipping the device. This is to protect the health and safety of our team, customers, and associates. All items refused for this reason will be returned to the sender at their expense; customers may be required to pay an invoice for the return shipping amount, prior to having the device returned. Failure to do so may result in forfeiture of the device, after 30 days from date of delivery to our facility sellshark cannot store devices with any of the above listed issues present.

Right to Lower Offer or Refuse to Purchase Customer Modified or Heavily Stickered Devices sellshark expects all devices to be sent to our company WITHOUT stickers, cases, screen protectors, camera covers, bolt holes, third party (non-Apple) engravings, or any other modification that has been made to the interior or exterior of the device. Upon inspection, sellshark reserves the right to lower the offer, or refuse to purchase, any device which contains any of the above stated modifications.

Last Modified: 15 February 2023