Terms and Conditions for Participation in U.S. Cellular Online Trade-In Program


  • Relationship between CExchange and U.S. Cellular; Release of U.S. Cellular.

  • The U.S. Cellular Online Trade-In Program (the “Program”) is operated by CExchange, LLC, an independent third party from United States Cellular Corporation (“U.S. Cellular”). U.S. Cellular is not involved in the transaction under the Program, which is between CExchange and you (the “Seller”). Any and all transactions conducted under the Program are solely between CExchange and the Seller. THE SELLER HEREBY RELEASES U.S. CELLULAR AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY DISPUTES, CLAIMS, DEMANDS AND/OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO THE SELLER’S PARTICIPATION IN THE PROGRAM OR SELLER’S USE OF THE CEXCHANGE SERVICES OFFERED UNDER THE PROGRAM (THE “SERVICES”), INCLUDING ANY UNCOMPLETED OR COMPLETED TRANSACTIONS AND ANY CLAIMS OR DISPUTES BETWEEN THE SELLER AND CEXCHANGE.

  • The Program.

  • The Program provides the Seller with an online process to sell his or her previously owned and/or unused wireless handsets, tablets and/or other devices or products covered by the Program from time to time (the "Products"). CExchange will buy and pay for the Products received under these Terms and Conditions as stated below. CExchange reserves the right to amend, cancel or alter the Program and/or the Services in its sole discretion. U.S Cellular may offer an in-store trade-in program for handsets, tablets and/or other devices or products, which will not be subject to these Terms and Conditions (but instead will be subject to different terms and conditions made available by U.S. Cellular).

  • Use of Site.

  • SELLER’S USE OF THIS SITE IS GOVERNED BY THESE TERMS AND CONDITIONS. SELLER’S REGISTRATION, USE OF THIS SITE AND PLACEMENT OF A TRANSACTION INDICATES SELLER’S ACCEPTANCE OF THESE TERMS AND CONDITIONS.

    CEXCHANGE MAY AMEND THESE TERMS AND CONDITIONS AT ANY TIME BY POSTING THE AMENDED TERMS AND CONDITIONS ON THIS SITE. EXCEPT AS STATED BELOW, THE AMENDED TERMS AND CONDITIONS WILL AUTOMATICALLY BE EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED. THESE TERMS AND CONDITIONS WERE FIRST POSTED ON NOVEMBER 5, 2014. SELLER’S USE OF THIS SITE OR ACCESS TO THE PROGRAM OR THE SERVICES MAY BE TERMINATED OR SUSPENDED BY CEXCHANGE FOR ANY REASON, IN CEXCHANGE’S SOLE DISCRETION, INCLUDING SELLER’S NON-COMPLIANCE WITH THESE TERMS AND CONDITIONS.

  • Seller's Representations and Warranties.

  • The Seller represents and warrants that: (A) the Seller is not under the age of eighteen (18); (B) the Seller has all the necessary right, title, and authorization to produce and distribute the Products and to permit CExchange to offer, sell, and deliver the Products to any third party; (C) the Products and the rights granted under these Terms and Conditions do not infringe the proprietary rights, including, without limitation, copyrights, patents domain names, trademark rights or any other intellectual property rights, of any third party; and (D) the description of the Products provided by the Seller in the Initial Transaction (as defined below) is truthful, accurate and complete. The Seller also represents and warrants that the Products that the Seller seeks to sell under the Program: (i) are not fraudulent, counterfeit or stolen; and (ii) that the sale of such Products to CExchange would not result in violation of any law, statute, ordinance, or regulation (including, but not limited to those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising).

  • Initial Transaction and Registration.

  • The Seller will be able to obtain an appraised value for Products by providing information about the manufacturer, make, model and condition of the Products he or she desires to sell to CExchange (the “Initial Transaction”). The Seller understands and agrees that registration in the Program requires the completion of the Seller's registration form with accurate and complete contact name, shipping address, billing address, phone number and e-mail address. CExchange shall not be held responsible for communication errors should the Seller’s contact information be inaccurate or incomplete. In addition, the Seller must make sure that he or she can receive e-mails from CExchange. CExchange is not responsible for any e-mails that are blocked or filtered as spam.

    CExchange may share the Seller’s registration information with U.S. Cellular. If it does so, the information will only be used by U.S. Cellular in accordance with its privacy policies.

  • Purchase Offer.

  • Based on the information provided by the Seller in the Initial Transaction, CExchange will generate an offer to purchase the applicable Products for their appraised value (an “Initial Offer”). CExchange’s Initial Offer and the purchase price offered therein will only be valid if the Seller ships or postmarks the shipment of the applicable Products within seven (7) days of the date the Initial Offer is made. It is the responsibility of the Seller to ship all of Products using one of the shipping methods offered by CExchange.

  • Product Shipment.

  • CExchange will provide Seller with a prepaid, preaddressed shipping label for purposes of shipping Products to CExchange for purchase under the Program. Seller should include in the shipment any accessories related to the Products which the Seller included as part of the Initial Transaction, such as chargers and AC adapters. Seller’s shipment of Products confirms the Seller’s acceptance of CExchange’s Initial Offer to purchase such Products. Title and risk of loss remains with the Seller until the Products are received by CExchange, at which point title and risk of loss transfers to CExchange. It is at the Seller’s discretion to acquire shipment insurance beyond the shipper’s standard coverage if desired, but the Seller will not be able to use the CExchange prepaid shipping label in such case.

  • Termination of Mobile Phone Services.

  • It is the responsibility of the Seller to discontinue service on mobile phones prior to shipment of such Products to CExchange. CExchange is not responsible for previous or subsequent airtime charges accrued prior, during, or after any transaction. Should any airtime charges be accrued, it is the responsibility of the Seller and the applicable service provider to resolve payment issues. Seller is advised that certain mobile phone carriers will lock mobile phones with outstanding charges, rendering them inoperative which will lead to a significantly lower appraised value under the Program.

  • Data on Products.

  • It is the responsibility of the Seller to remove any and all data from Products before shipping them to CExchange, including all personal information such as phonebook entries, personal codes, e-mail addresses, personal addresses, IM addresses, photos, and downloaded files. By sending CExchange any Products, the Seller releases and holds harmless CExchange and U.S. Cellular and their respective parents, subsidiaries, affiliates, directors, officers, employees and agents from any disputes, claims, demands and/or damages relating to or arising from the data stored on such Products or for such data’s security, integrity, confidentiality, disclosure or use. As part of CExchange’s evaluation process for Products received, CExchange generally automatically clears any data on the Products. Therefore, any Products returned to Seller for any reason may not contain any of Seller’s data that was not cleared or removed by the Seller before sending the Products to CExchange. In addition, it is the responsibility of the Seller to remove any and all codes (including, but not limited to, security codes, access codes, PIN codes, lock codes and any other access or use restricted codes) that would prevent CExchange from having the ability to use, refurbish or resell the Products.

  • Receipt of Product(s) and Quality Verification.

  • CExchange will notify the Seller via e-mail of its receipt of Products. If Seller has provided all of the Products as detailed in the Initial Transaction and if CExchange verifies that the Products are in the condition as identified by the Seller in the Initial Transaction, CExchange will accept the Products (“Accept” or “Acceptance”) and purchase the Products for the price specified in the Initial Offer, with the payment terms being as described below in these Terms and Conditions.

  • Exceptions and Return Policy.

  • CExchange will not Accept the Products provided by the Seller under the following conditions:

    • If only a portion of the Products listed in the Initial Transaction are received by CExchange (a “Partial Shipment”), CExchange will send an e-mail to the Seller detailing which Products have been received and their appraised value. This e-mail will constitute a new offer from CExchange to purchase the received Products at the value specified in such new offer (a “New Offer).
    • If CExchange determines (in its sole discretion) that the condition of the Products received by CExchange are inconsistent with the Seller’s description as identified in the Initial Transaction, CExchange will send an e-mail to the Seller detailing the determined condition of the Products received and a New Offer.
    • If CExchange receives Product(s) that are different from those described by the Seller in the Initial Transaction, CExchange will send an e-mail to the Seller with a description of the Product(s) that were received and a New Offer.

    The Seller may accept or reject any New Offer. If CExchange does not receive a response from Seller within seven (7) days of the date the New Offer is made, the New Offer will be deemed to be accepted by the Seller. If the New Offer is not rejected by the Seller, CExchange will purchase the Products for the price specified in the New Offer, with the payment terms being as described below in these Terms and Conditions. If the Seller rejects the New Offer, the Seller may direct CExchange to return the Products received by CExchange under the Program. Any response made by the Seller to CExchange to any New Offer will be considered the Seller’s final response.

    In all cases, should the Seller receive a New Offer from CExchange, the Initial Offer is deemed rescinded automatically upon the making of the New Offer by CExchange.

  • Payment.

  • The Seller will receive payment of the purchase price specified in the Initial Offer or the New Offer, as applicable, within 30 business days of CExchange’s Acceptance or Seller’s acceptance of the New Offer. Payment will be mailed to Seller via regular United States Postal Service mail at the address specified by Seller during the registration process for the Program.

  • Pricing.

  • All pricing for the Program is subject to change by CExchange without notice. For all prices, products and offers, CExchange reserves the right to make adjustments at any time in its sole discretion. CExchange reserves the right to void any transaction and return the Product(s) to the Seller.

  • Use of Cookies.

  • Cookies are small pieces of information that are stored on a computer’s hard drive. CExchange uses cookies to personalize the Seller’s experience on this Site. The Seller must permit the use of cookies in order to use this Site; however, CExchange does not in any way use cookies to monitor the Seller’s behavior on this Site or gather other personal information about the Seller. Most web browsers are automatically set to accept cookies. To change this, or to show a warning each time a cookie request is received, the Seller should refer to the guidelines for the browser on the Seller’s computer.

  • Customer Service.

  • The Seller may contact CExchange about this Site or the Program at Customer Service or by calling 877-860-9599.

  • Copyright and Trademark Notice.

  • All content of this Site is copyrighted by CExchange. All rights are reserved. Copying, distributing, transmitting, displaying, modifying or otherwise using in any way any text, images or other content of this Site without written permission of CExchange is prohibited and may violate the copyright laws of the United States. CExchange does grant you the limited right to print pages of the Site on a local printer for personal use only.

    Unless otherwise specified on this Site, all logos, trademarks or service marks materials appearing on this Site, are the sole property of CExchange or U.S. Cellular, as applicable. You may not use any of the logos, trademarks or service marks displayed on this Site without the prior written permission of the respective owner.

  • Links.

  • This Site may contain links to other sites on the Internet that are owned and operated by third parties. Neither CExchange nor U.S. Cellular has any responsibility or liability with respect to information or materials located on such third-party sites.

  • Independent Contractor.

  • Seller’s use of this Site, participation in the Program and/or use of the Services in no way constitute or give rise to a partnership, joint venture or other relationship between the Seller and CExchange or the Seller and U.S. Cellular. All of such parties are independent contractors and none shall be deemed an agent for another party.

  • Breach.

  • Without limiting other remedies, CExchange may immediately terminate Seller’s access to this Site, the Program and/or the Services if: (A) the Seller breaches these Terms and Conditions, (B) CExchange is unable to verify or authenticate any information provided by the Seller, (C) CExchange believes that the Seller’s actions may cause financial loss or legal liability for the Seller, CExchange, U.S. Cellular or any of their respective affiliates or customers, or (D) CExchange suspects that the Seller (by conviction, settlement, insurance or escrow investigation, or otherwise) has engaged in fraudulent activity in connection with any Products.

  • Indemnity.

  • The Seller agrees to indemnify and hold CExchange, U.S. Cellular and their respective parents, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party relating to or arising out of the Seller’s breach of these Terms and Conditions, or the Seller's violation of any law or the rights of any third party.

  • Warranty Disclaimer.

  • CExchange, its officers, employees and agents provide this Site, the Program and the Services “as is” and without any warranty, condition or representation of any kind, express, implied or statutory. CExchange, its officers, employees and agents specifically DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties or limitations on the duration of implied warranties, so the foregoing disclaimer may not apply to the Seller in such states. In such states, the warranties of CExchange are limited to the fullest extent permitted by such state law. The Seller may also have other legal rights that vary from state to state.

  • Waiver of Consequential Damages.

  • IN NO EVENT WILL CEXCHANGE OR U.S. CELLULAR BE LIABLE TO THE SELLER FOR ANY INCIDENTAL, CONSEQUENTIAL EXEMPLARY, INDIRECT, SPECIAL, OR PUNATIVE DAMAGES ARISING OUT OF THE PROGRAM, THE TERMINATION OF THE PROGRAM, THE SERVICES, THESE TERMS AND CONDITIONS OR ANY INITIAL OFFER OR NEW OFFER, REGARDLESS OF THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) AND IRRESPECTIVE OF WHETHER CEXCHANGE OR U.S. CELLULAR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE SELLER IN SUCH STATES. IN SUCH STATES, THE LIABILITY OF CEXCHANGE AND U.S. CELLULAR IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. THE SELLER MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

  • Maximum Liability

  • In no event will the aggregate liability of CExchange or U.S. Cellular and their respective officers, employees and agents to the Seller or any third parties in any circumstance exceed the greater of (A) the estimated value of the Product(s) as stated in the Initial Transaction and (B) $50.

  • Release

  • THE SELLER HEREBY RELEASES CEXCHANGE AND U.S. CELLULAR AND THEIR RESPECTIVEITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY DISPUTES, CLAIMS, DEMANDS AND/OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO THE SELLER’S PARTICIPATION IN THE PROGRAM OR SELLER’S USE OF THIS SITE OR THE SERVICES, INCLUDING ANY UNCOMPLETED OR COMPLETED TRANSACTIONS.

  • General.

  • These Terms and Conditions will be governed in all respects by the laws of the United States of America and the State of Texas, and the Seller waives any right to a trial by jury relating to any dispute under these Terms and Conditions. The Seller agrees that any litigation relating to these Terms and Conditions or the Program shall be subject to the exclusive jurisdiction of the state or federal courts located in the State of Texas. All notices provided by CExchange to the Seller under the Program will be provided via e-mail to the e-mail provided by the Seller when registering for the Program. The failure of CExchange to require performance by the Seller of any provision hereof will not affect CExchange’s right to require such performance at any time thereafter; nor will the waiver by CExchange of a breach by Seller of these Terms and Conditions be taken or held to be a waiver of any other breach. If any provision of these Terms and Conditions is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of these Terms and Conditions. These Terms and Conditions constitute the entire agreement between CExchange and the Seller relating to the subject matter hereof and supersede any prior agreements between CExchange and the Seller with respect to such subject matter.