Terms & Conditions For Sellers

Terms and Conditions

These Terms and Conditions apply for selling consumer electronic products to Thetechbuyers.com. For terms and condition relating to shopping and purchasing products from Thetechbuyers.com the terms and conditions can be found on the site under terms and conditions for buyers.

Thetechbuyers.com LLC and its subsidiaries, affiliates, and assigns (“Thetechbuyers,” “us,” “our” or “we”) offer Services through which you can sell certain consumer electronic products after receiving an offer to purchase from Thetechbuyers (“Offer”) and identifying your Product and its condition and completing check-out on the Thetechbuyers Website ("Trade-In"). You must agree to abide by the following terms in order to use the Thetechbuyers Website and Services provided.

BY CREATING AN ACCOUNT WITH, OR BY USING THETECHBUYERS 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 THETECHBUYERS WEBSITE(S). ANY AMENDED TERMS SHALL AUTOMATICALLY BECOME EFFECTIVE IMMEDIATELY UPON POSTING.

1. Thetechbuyers reserves the right to terminate or suspend your use of any Thetechbuyers Website and Service if you do not comply with this Agreement or any of Thetechbuyers policies or procedures, or for any other reason we may determine, at our sole discretion.
2. These terms govern any Offer you receive to sell your Product to or through Thetechbuyers' website(s). These terms shall also govern your use of any Thetechbuyers' website ("Thetechbuyers Websites"), as outlined in the Website User Agreement, the Services and any and all applications included therein, which terms are located at www.Thetechbuyers.com/legal, and any supplemental terms or policies that accompany a specific transaction, feature or application, collectively, make up an agreement between you and Thetechbuyers ("Agreement"). You acknowledge that this Agreement is in an electronic format and has the same force, validity, and effect as an agreement made in writing. In this Agreement, the term "you" or "your" means an individual or entity exercising rights under this Agreement
3. In order to complete a Trade-In or to complete any other transaction with Thetechbuyers, you must: (a) provide an accurate, true, and up to date account information about yourself and any Product you submit to us; (b) comply with all terms and conditions of this Agreement; (c) comply with all applicable laws and regulations, including all import and export laws; (d) transact on behalf of yourself and not on behalf of others; and (e) be at least eighteen (18) years of age and have the legal competency and capacity to enter into legally binding agreements, and (f) be able to convey clear and unencumbered title and interest in any Product that you send to us.
4. In order to receive payments for any Products in connection with a Trade-In, you must provide us with current information including a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, and your first and last name. Thetechbuyers may pay you, at Thetechbuyers' sole discretion, by mailing you a check or paying you through PayPal or some other electronic payment method.
5. Thetechbuyers shall not be responsible for communication errors should the contact information you provide be inaccurate or incomplete. You are responsible for ensuring that you can receive emails from Thetechbuyers and Thetechbuyers is not responsible for any emails that are not received by you because they were blocked or filtered as spam. You expressly understand and agree that if you fail to provide us with accurate and up-to-date information about yourself: (a) Thetechbuyers shall not be responsible for any Trade-In payments sent to a wrong address, and (b) any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws. You agree that Thetechbuyers has no obligation to you if any of your unclaimed funds are turned over to any governmental authority in accordance with applicable laws.
6. State Sales Tax will apply to all items shipped to states and jurisdictions in which we are legally obligated to collect sales tax.
7. Shipping is free domestically in the United States and the choice of shipping companies shall be at the sole discretion of Thetechbuyers.
8. Thetechbuyers constantly evaluates Product pricing based on a variety of factors, including market conditions and condition of the Product. Thetechbuyers does not price match other companies and does not provide price adjustments once a payment is complete.
9. Thetechbuyers wants to keep the process of submitting your electronics to Thetechbuyers as simple as possible. Although pricing is subject to change, ninety percent (90%) of the time, you receive the amount you were initially quoted when you chose to submit to Thetechbuyers. There are four categories that you can assign to your Product and they range from Brand New to Broken as further described below:
1. Brand New: This condition is for an item that is still in factory original packaging. Must come with the box and all accessories sealed/untouched.
2. Flawless: This condition is for an item that is new or in nearly perfect condition with one hundred percent (100%) functionality.
3. Good: This condition is for an item that has light to moderate signs of wear but is still in good condition. This item is still one hundred percent (100%) functional.
4. Fair: This condition is for an item that shows excessive signs of wear. Such an item must still be one hundred percent (100%) functional.
5. Broken: This condition is for an item that is suffering from physical functionality, hard signs of wear as well as possible broken parts. Such an item must still be fully functional.
10. The categories outlined above are broad general statements as to the condition of an item. On each Offer page, you will see more specifics as to what is included in each category for that particular item. Thetechbuyers has the right to change the specifics of each category for a particular item at any time. If you have already sent your item to Thetechbuyers prior to these changes, your Offer will not be changed. Some issues with the item may not be obvious when you have chosen to send your electronics to us. Some issues are of such a type that only a Thetechbuyers Technical Specialist may pinpoint. Based on Thetechbuyers' analysis, Thetechbuyers may adjust the price of your electronic device accordingly. Adjustments may be made because you have indicated the wrong model of your device or because Thetechbuyers Technical Specialist finds that the condition of your electronic device is not as you have represented. On a positive note, we may also give you MORE than what you have originally thought you deserved for your Product based on the analysis by an Thetechbuyers Technical Specialist. If you are unsure about how to categorize your electronic device, please contact us and we will be more than happy to assist you.
11. Thetechbuyers has the sole discretion to make the final evaluation of all electronic devices sent to Thetechbuyers. Thetechbuyers will notify you if there is a change in the pricing of your Product and you will then have THREE (3) days to accept the new Offer. If you have not contacted us within those THREE (3) days, Thetechbuyers shall presume you have accepted the new Offer and proceed with sending you the payment for the adjusted in the form of payment you have selected. The price Thetechbuyers has quoted you is valid for FOURTEEN (14) days. If we receive your item AFTER FOURTEEN (14) days, Thetechbuyers shall re-evaluate your item and price it at the CURRENT market value.
12. Thetechbuyers determines, in its sole discretion, which Products are eligible for Trade-In or through the Services and Thetechbuyers Websites and for which eligible Products Thetechbuyers will provide an Offer. Thetechbuyers may terminate the eligibility of certain Products at any time and without advance notice but such termination will not affect any Products for which you have already accepted an Offer which is valid for FOURTEEN (14) days.
13. Damaged/Tampered/Modified Electronic Devices. In our “broken” category, Thetechbuyers has attempted to include the vast majority of extreme damages inflicted on your electronic devices but certain “extreme” damages are beyond the scope of this category, and if that is the case, Thetechbuyers shall adjust the price accordingly. In the event Thetechbuyers' Technical Specialists determine that any device has been opened and tampered with, Thetechbuyers we will adjust the price we originally Offered in accordance with this Agreement.
14. Corporate Locked/IT Policies: For Apple devices there are three ways to determine whether or not your device has a corporate locked/IT policy. First you can check under the Settings app and head to General->Profile, under this tab, the Configuration Profile for (a company name) will appear. Second when the device is restored, a message will show up during the registration process stating, “Remote Management” and will state (a company name) OR during this process, it will ask for credentials for (a company name). If you see this, it is an indicator that your device consists of a corporate locked/IT policy. Thetechbuyers cannot accept devices with this corporate locked/IT policy because there are restrictions put on your device. Before sending over your device(s), please contact the company associated to have this removed.
15. Battery Life: If the battery life of your device last less than one hour or found to be less than 50%, Thetechbuyers shall adjust the price accordingly to represent a properly working device with a poor battery life.
16. Engraving: Any device received with a personal engraving will be adjusted accordingly. Generally, the device will be downgraded by one tier.
17. Incentive Program: To maintain Thetechbuyers' long term relationship with Thetechbuyers' customers, Thetechbuyers offers an incentive program in which Thetechbuyers give you a set amount for each person you refer to Thetechbuyers. Thetechbuyers sends these payments out in bulk at the end of the month to each of Thetechbuyers' loyal customers.
18. The Process:
1. Shipping: Once you have shipped out your electronic device(s), please allow up to five (4) business days for them to get to Thetechbuyers. This allows time for the shipping company as well as assuring the devices are delivered to Thetechbuyers' office.
2. Testing: Once Thetechbuyers has received your electronic device(s) it takes a period of 1 to 3 business days for Thetechbuyers' Technical Specialists to analyze the status of your device. If your device does not include all the necessary accessories for testing, please allow more time for testing.
3. Payment: After Thetechbuyers has assessed the status of your device Thetechbuyers will send your payment in the method you have selected or send you a new Offer if Thetechbuyers determines that your electronic device(s) are not in accordance with the condition you had originally selected. You will have up to THREE (3) days to accept or decline this Offer. If you DO NOT respond within THREE (3) days, Thetechbuyers shall deem that you have accepted Thetechbuyers' Offer, and send you your payment. Please allow up to THREE (3) days for processing. You always have the ability to track what stage of the process your device(s) are in from your Thetechbuyers account. Please note that if you select PayPal, you will be responsible for the fee associated with any PayPal transaction.
4. Larger Payments: If your order consists of a value of a One Thousand Dollars ($1000.00) or more, please allow an additional THREE (3) business day for processing.
5. Non-major GSM: For cell phones that have a carrier which is not a GSM phone carrier, that is, IT IS VERIZON OR SPRINT, your payment may be delayed for SEVEN (2) business days for additional processing.
19. Insurance: All items are insured against theft and accidental damage whilst in transit from your FedEx or UPS drop-off for up to $100. If you'd like to fully insure your package, you can purchase our shipping insurance to cover the full value of your offer, during checkout, for a fee. Please note that Thetechbuyers will not be held liable for any damages incurred due to inadequate packaging.
20. Returns: If Thetechbuyers provides you a new Offer because Thetechbuyers' Technical Specialists determine your own assessment of your device is inaccurate, and you decline the new Offer, Thetechbuyers will return your electronic device to you for free. If your order has multiple items, we will only return the item relating to a new Offer for that item. The remaining items cannot be returned even if you decline the new Offer for the other item. If you do not respond to Thetechbuyers' email regarding the new Offer within THREE (3) days, Thetechbuyers will continue with the processing. If your item has NO VALUE in accordance to Thetechbuyers assessment and you do not respond to our emails within the THREE (3) days, WE WILL RECYCLE your device and you will receive no payment or the return of said item. In order to test your device(s), Thetechbuyers' Technical Specialists do remove the casing and protective layers of your device. If during this process you ask for your device(s) back, please note that Thetechbuyers shall NOT be responsible for these items. Once a Product has been sent to Thetechbuyers, Thetechbuyers does not guarantee that Thetechbuyers will return the Product or any data that you wish to keep back to you, unless you have chosen to not accept Thetechbuyers' new Offer. Please note that free return shipping does NOT apply in the following scenarios:
1. Item was significantly misrepresented.
2. Item was found to be reported lost or stolen.
3. Item was found to have an Activation or iCloud lock.
4. Item was found to have a bad ESN or financed IMEI.
21. Activation Locked: We do NOT purchase devices that are Activation / iCloud Locked and you'll need to remove any security features before we are able to process it. If we receive a device that has an Activation Lock that can not be removed, we are unable to purchase it and will charge a fee to return it back to you. A base fee of $20 + $5 for each additional device will be charged for returning the device(s). If we don't hear back from you after THIRTY (30) days from the date of the email notifying you of the activation lock, we will assume the device has been abandoned and will recycle your device.
22. Lost or Stolen: All devices are checked on various databases to ensure they have not been reported as Lost or Stolen. We do NOT, under any condition, purchase devices that are flagged as Lost or Stolen. Your personal information along with the device’s Serial/IMEI will be turned over to legal authorities upon request.
23. All Offers shall be based on Thetechbuyers' own determination of the Product value in reliance on the accuracy of the information you supply us. Thetechbuyers will use its sole discretion to determine the Product value, considering factors which include the Product's model, functionality and condition and whether Product accessories have been provided by you. Upon receiving an Offer, you have the option of accepting or rejecting that Offer. Acceptance indicates you are willing to provide your Product to Thetechbuyers at the price contained in the Offer. If you do not accept Thetechbuyers' Offer, that specific transaction immediately expires. If after rejecting the Offer you decide you want to accept the Offer, you will need to open another transaction with Thetechbuyers, assuming the Product is still eligible for purchase, and the new Offer may be different as Product prices are subject to change. The condition of a trade-in may vary between categories and types of Products.
24. You must have all legal right, title, and interest in any and all Products you seek to sell to Thetechbuyers and all Products must be able to be activated for new service (unless the Product is incapable of being activated because of its condition).
25. The Products, sale, and shipment of such items to Thetechbuyers: (a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws, (b) must not infringe on any third party’s intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), and (c) shall not be counterfeit, stolen, or fraudulent. You represent and warrant that the Products are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due.
26. In using the Services of Thetechbuyers, you expressly agree to indemnify Thetechbuyers from all claims or losses sustained by Thetechbuyers as a result of any breach of your representations and warranties. It is your responsibility to discontinue phone, internet or any similar service on your Product prior to selling it to Thetechbuyers. Thetechbuyers shall not be responsible for any service charges related to your Product, whether you incur such charges before, during or after your use of the Services. It is also your sole responsibility to remove any security codes that would prevent the use of any Product.
27. When packaging your Product to send to Thetechbuyers, you must include all materials included in your description on which we based the Offer which may include software, accessories, adapters, and manuals. Your failure to include any items you represented to us when the Offer was calculated or sending us a Product which does not match your original description, may modify the final value of your Product and may result in a revised Offer.
28. For Products that store files and personal data on hard drives, memory chips, SD cards or some similar storage device, you must back up and store any data you wish to keep from your Product. You must also remove any and all personal information from the Product before you send your Product to Thetechbuyers for Trade-In. By sending Thetechbuyers the Product, you expressly agree to release Thetechbuyers from any claim as to the Product, the data stored in such Product, or any information on any media used in conjunction with the Product, or for such data's security, integrity, confidentiality, disclosure or use. Thetechbuyers is not responsible for: (a) any loss of any kind suffered by you due to any data which has not been deleted from the device and is transferred to a third party, or (b) any loss of data after you submitted the Product to us.
29. Your Trade-in Product must be received by Thetechbuyers within FOURTEEN (14) days after you accept the original Offer provided by Thetechbuyers ("Delivery Period"). Any item sent in past the FOURTEEN (14) day period is subject to a price adjustment to reflect the prices Offered at the date the item is actually received. Packing and shipping recommendations provided to you by Thetechbuyers must be followed in order to avoid possible damage to or loss of the Product during shipping. Thetechbuyers will inspect all Products upon receipt and Thetechbuyers has the option to accept or reject the Product, including without limitation, to reject any Product: (a) not conforming to the description you provided to us, (b) modified in such a way that it no longer conforms to the manufacturers specifications, (c) no longer compliant with applicable laws or regulations, and (d) damaged or lost in transit. In the event Thetechbuyers rejects the Product for any of these reasons, the original Offer shall automatically expire and is immediately rescinded. Thetechbuyers reserves the right to revoke the original Offer and provide a revised Offer for the Product if the Product: (a) or materials are not as described, (b) is received by Thetechbuyers after the Delivery Period, or (c) is different from those identified when the Offer was calculated. After sending the Product to Thetechbuyers for Trade-In, Thetechbuyers cannot and does not guarantee that it will be able to honor any request for return of the Product or any data or information contained in such Product. If you elect not to accept any revised Offer, your Product will be returned to you at the address from which it was originally sent.
30. You shall remain responsible for the risk-of-loss for the Products sent to Thetechbuyers for Trade-In until delivery of the Products to Thetechbuyers. Thetechbuyers' responsibility for risk-of-loss begins when Thetechbuyers begins its inspection of the Products. In the event Thetechbuyers rejects or returns your Products for any reason, Thetechbuyers' responsibility for risk-of-loss terminates once Thetechbuyers delivers the package containing the Products to the carrier for return to you. In any event, you are responsible for any damages that may occur to your Product while in transit.
31. Title to the Product sent to Thetechbuyers for Trade-In passes to Thetechbuyers upon Thetechbuyers' acceptance of the Product for the original Offer or a new Offer. If the Product is returned to you, title shall not pass to Thetechbuyers and shall remain with you.
32. Any Offer by Thetechbuyers for your Product for Trade-In is nontransferable and not redeemable for any other consideration other than as outlined in the Offer.
33. You expressly agree to fully comply with all import and export laws, regulations, rules of the United States, or any foreign government agency or authority, and that you will not directly or indirectly transfer any Product without proper authorization from the United States or foreign government. You shall have responsibility for any and 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 any Product to Thetechbuyers in connection with a Trade-In, including without limitation, valuation, classification and duties applicable with the import of any goods. PLEASE NOTE: United States trade sanctions generally prohibit the importation into the United States and its territories, either directly or indirectly, of most goods, technology, or services from, or which originated from certain countries, which are subject to change, including 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; and designated terrorists and narcotics traffickers. You shall not send any Products to Thetechbuyers that violate this provision.
34. Thetechbuyers cannot guarantee the accuracy of all information you receive in relation to your Product as there may be typographical errors, technical inaccuracies, pricing errors or other errors or omissions. Thetechbuyers reserves the right, at any time prior to payment, to correct an error and change the Offer. In the event the Product has already been sent to Thetechbuyers for Trade-In, the changed Offer will become a New Offer which you may accept or reject.
35. Please refer to our Privacy Policy at www.Thetechbuyers.com/privacy-policy for information about how we collect, use and disclose information about you.
36. You expressly agree to transact with us electronically, including without limitation, agreeing to terms and conditions of Offers. You authorize Thetechbuyers to provide you with terms and important notices about Thetechbuyers and your transactions to an email address you provide to us or by posting notices on Thetechbuyers Websites. It is your duty to keep your email address current, accurate and up to date and to maintain a valid email address and to ensure that emails sent to you are not filtered or stopped by spam filters or other types of email blocking functions. If you no longer desire to transact electronically with us, you may no longer use the Thetechbuyers Websites or the Services. You can retrieve and review this Agreement by clicking on the "Terms and Conditions" link at www.Thetechbuyers.com.
37. You are responsible for obtaining, at your own expense, all equipment and services needed to access and use the Website, including all devices, internet browsers and internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for any and all fees your carrier may charge you for data, text messaging and other wireless access or communications services.
38. By using Thetechbuyers Websites, you agree not to access any of the Services by any means other than through the user interface provided by Thetechbuyers, and not to engage in any other activity that interferes with or disrupts the Services or performance of the Thetechbuyers Websites. Specifically, you may not access or use any of Thetechbuyers Websites or Services using scripts, web crawlers or any similar methods.
39. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE 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 THETECHBUYERS WILL MEET YOUR REQUIREMENTS.
40. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THETECHBUYERS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE "THETECHBUYERS 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 THETECHBUYERS 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 THETECHBUYERS AND THE THETECHBUYERS PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICES AND THETECHBUYERS WEBSITES EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US OR (II) FIFTY AND 00/100 DOLLARS ($50.00). THE LIMITATIONS SET FORTH IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, MALICIOUS OR RECKLESS MISCONDUCT.
41. You agree to indemnify, defend, and hold harmless Thetechbuyers and the Thetechbuyers 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 representation or obligation under this Agreement. Thetechbuyers reserves 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 any such claim.
42. This Agreement constitutes the entire agreement between you and Thetechbuyers with respect to the subject matter herein. No waiver by Thetechbuyers of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
43. The Thetechbuyers Website(s) and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. Thetechbuyers therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the content at any time without prior notice. Thetechbuyers does not, however, guarantee that any or all errors, inaccuracies, or omissions will be corrected.
44. Thetechbuyers reserves the right to modify this Agreement at any time without notice to you. If you do not agree to the changes, you shall discontinue using the Thetechbuyers Websites and the Services. Your continued use of any Thetechbuyers Website and Services after any such changes take effect constitutes your express acceptance to such changes. Each time you submit a Product for sale to Thetechbuyers, 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 Thetechbuyers Websites and/or the Thetechbuyers services. The last date of revisions to this Agreement is set forth below.
45. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, and to the exclusion of the law of any other forum.
46. EXCEPT AS MAY BE PRECLUDED BY APPLICABLE LAW, ANY CONTROVERSY OR CLAIM BETWEEN YOU AND THETECHBUYERS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ALLEGED BREACH HERE OF OR THE RELATIONSHIP CREATED HEREBY, INCLUDING ANY ISSUES PERTAINING TO THE ARBITRABILITY OF SUCH CONTROVERSY OR CLAIM AND ANY CLAIM THAT THIS AGREEMENT OR ANY PART HEREOF IS INVALID, ILLEGAL, OR OTHERWISE VOIDABLE OR VOID, SHALL BE SUBMITTED TO AND RESOLVED EXCLUSIVELY BY BINDING ARBITRATION CONDUCTED BEFORE AND IN ACCORDANCE WITH THE DISPUTE RESOLUTION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), BY ONE ARBITRATOR SELECTED BY YOU AND THETECHBUYERS. YOU AND THETECHBUYERS SHALL INITIALLY SHARE EQUALLY THE ARBITRATOR’S FEES AND COSTS. IF EITHER PARTY FAILS TO TIMELY PAY ITS SHARE OF THE FEES AND COSTS, THE ARBITRATOR SHALL ENTER A DEFAULT AGAINST THE NON-PAYING PARTY ON THE CLAIMS AND DEFENSES IN THE MATTER, PROVIDED, THAT THETECHBUYERS RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO ADVANCE YOUR SHARE OF THE COSTS OF ANY ARBITRATION PROCEEDING IN ORDER FOR SUCH ARBITRATION PROCEEDING TO TAKE PLACE AND BY DOING SO SHALL NOT BE DEEMED TO HAVE WAIVED OR RELINQUISHED THETECHBUYERS' RIGHT TO SEEK THE RECOVERY OF THOSE COSTS IN ACCORDANCE WITH THIS SECTION. THE ARBITRAL DECISION, WHETHER BY DEFAULT OR AFTER HEARING, SHALL BE BINDING AND CONCLUSIVE ON YOU AND THETECHBUYERS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE PROCEEDINGS SHALL BE HELD IN GEORGIA. A LEGAL JUDGMENT BASED UPON THE ARBITRATOR’S AWARD MAY BE ENTERED IN ANY COURT IN AND FOR GWINNETT COUNTY, GEORGIA HAVING JURISDICTION OVER THE MATTER. THE PREVAILING PARTY IN THE ARBITRATION SHALL BE ENTITLED TO AN AWARD AGAINST THE NON-PREVAILING PARTY REIMBURSING THE ARBITRATOR’S FEES AND COSTS IT ADVANCED AND FOR PAYMENT OF ALL ATTORNEYS’ FEES AND COSTS RELATING TO THE ARBITRATION. YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT TO ARBITRATE CONSTITUTES A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY ON ANY MATTERS COVERED BY THIS AGREEMENT TO ARBTIRATE.
47. Thetechbuyers reserves the right to investigate complaints or reported violations of this Agreement and take any action Thetechbuyers deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and Website traffic information. Thetechbuyers reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to the right to block access from a particular internet address to any Thetechbuyers website. This Agreement incorporates by reference any agreements contained on the Website and constitutes the entire agreement with respect to access to and use of the Website.
48. A customer that engages in business with Thetechbuyers via an affiliated website understands that Thetechbuyers shall NOT be responsible for any concerns the customer may have beyond the scope of the terms and conditions as outlined in this Agreement. Any such issue should be taken directly to the company with which you have the grievance and NOT Thetechbuyers.
49. All content on Thetechbuyers including content, images, technologies etc. are the SOLE property of Thetechbuyers and are protected by trademark laws. Content may NOT be used or copied without the consent of Thetechbuyers.
50. If any provision of this Agreement is found to be unlawful, void, invalid or unenforceable, that provision will be severed from this Agreement and the remainder of this Agreement shall continue to be binding and enforceable.