Cellular Sales Customer Agreement

Thank you for your purchase!  Today’s purchase is between you and the Cellular Sales entity identified above (“Cellular Sales”).  Your agreement with Cellular Sales consists of this Sale Invoice, including the following Sale Invoice Terms and Conditions, the CS Activation Terms and Conditions if included with this Sale Invoice, the provisions of any Trade-In Receipt issued to you, and the provisions of any Return Receipt issued to you (collectively, the “Cellular Sales Customer Agreement”).

Sale Invoice Terms and Conditions

Return and Exchange Policy.  Except for wireless devices financed through Verizon (returns of which are governed by the CS Activation Terms and Conditions) and except as otherwise required to comply with applicable law, RETURNS OF ALL PRODUCTS SOLD ARE AT THE DISCRETION OF CELLULAR SALES based on the purchase date, condition, and other applicable factors.  Cellular Sales reserves the right to reject the return of any product, or alternatively, to collect a damage charge (in cases where the product is not returned in the original box along with all included accessories, packaging, and UPC label, all in like-new condition) and/or restocking fee as a condition of return.  Gift Cards are not eligible for return except as required by law.  In the event that you paid for your purchase with cash or check, please be advised that any amount due to you in the event of an accepted return will be paid to you via Cellular Sales check which will be mailed to you once processed which could take 7-10 business days.  Device Setup Services and other services which may be provided are NON-REFUNDABLE.

Trade-In Devices.  TRADE-INS ARE FINAL.  In no event can a trade-in device be returned to you after it is relinquished to Cellular Sales, even if the device purchased to replace the trade-in is returned.

Data Policies.  With regard to contacts, pictures, texts, passwords, videos, and other information which may be stored on a device (collectively, “Data”), the following terms and conditions apply:

• Trade-In And Returned/Exchanged Devices. If you trade-in, return, or exchange a device (each, a “Submitted Device”), it may be resold.  YOU ARE RESPONSIBLE FOR DELETING ALL DATA prior to relinquishing the Submitted Device to Cellular Sales.  YOU ACKNOWLEDGE AND AGREE THAT THE CELLULAR SALES PARTIES ASSUME NO RESPONSIBILITY, AND WILL INCUR NO LIABILITY TO YOU, EVEN IF WE ASSIST WITH THE DELETION, IN THE EVENT THAT SOMEONE ACCESSES ANY NON-DELETED DATA FROM YOUR SUBMITTED DEVICE.  YOU AGREE TO HOLD EACH CELLULAR SALES PARTY HARMLESS FROM AND AGAINST ALL CLAIMS ARISING FROM THE EXISTENCE OF YOUR DATA ON YOUR SUBMITTED DEVICE.
• Data Transfer. In the event we assist you in transferring Data from one device to another device (a “Data Transfer”), please be advised that it is possible some or all of your Data may be lost or not transfer.  YOU ASSUME ALL RISK THAT DATA MAY BE LOST OR NOT TRANSFER.  YOU ACKNOWLEDGE AND AGREE THAT THE CELLULAR SALES PARTIES ASSUME NO RESPONSIBILITY, AND WILL INCUR NO LIABILITY TO YOU, EVEN IF WE ASSIST WITH THE DATA TRANSFER, FOR ANY DATA WHICH MAY BE LOST OR NOT TRANSFER.  YOU AGREE TO HOLD EACH CELLULAR SALES PARTY HARMLESS FROM AND AGAINST ALL CLAIMS ARISING FROM A DATA TRANSFER INCLUDING LOST DATA.  Accordingly, following the Data Transfer, you are encouraged to confirm that all Data was transferred correctly.

Warranty.  WITH RESPECT TO EACH AND EVERY PRODUCT AND SERVICE SOLD, CELLULAR SALES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND CELLULAR SALES SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  However, the manufacturer of the product may provide a warranty which would be documented within the product packaging.  In the event of a manufacturer’s warranty claim and unless otherwise directed by Cellular Sales: (i) within the first 30 days following the date of purchase, you should contact Cellular Sales with the warranty claim; and (ii) after 30 days, you should contact the manufacturer directly with the warranty claim.

Dispute Resolution:  Both you and Cellular Sales agree that any and all disputes between us of any nature whatsoever, including without limitation claims arising under contract, tort claims of any nature, and claims arising under any statute such as, but not limited to, the Telephone Consumer Protection Act and similar state statutes, and regardless of whether based upon or arising out this transaction (each, a “Dispute”) will be governed by the Cellular Sales Dispute Resolution Agreement which can be accessed at https://www.cellularsales.com/legal/disputeresolution/  or upon request at any Cellular Sales location (the “Dispute Resolution Agreement”).  YOU ACKNOWLEDGE THAT THE DISPUTE RESOLUTION AGREEMENT PROVIDES THAT ANY AND ALL DISPUTES BETWEEN US (OTHER THAN CERTAIN DISPUTES SUBJECT TO THE JURISDICTION OF SMALL CLAIMS COURT PURSUANT TO SECTION 9 OF THE RULES) SHALL BE RESOLVED THROUGH  BINDING ARBITRATION (RATHER THAN ANY STATE OR FEDERAL COURT) ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES (THE “RULES”) AND THAT EACH OF US IS WAIVING ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION AGAINST THE OTHER AND WAIVING THE RIGHT TO A JURY TRIAL.

As used herein, the term “Cellular Sales Parties” means Cellular Sales of Knoxville, Inc., Cellco Partnership d/b/a Verizon Wireless, and their respective subsidiaries and affiliated companies along with, as to all of the foregoing entities, its former, current, and future members, officers, directors, employees, agents, and representatives.

If you have any questions, concerns, or comments regarding your Cellular Sales experience, please contact our CUSTOMER SERVICE HOTLINE at 877-851-0649.

CS Activation Terms and Conditions

Terms not otherwise defined herein have the meanings ascribed in the attached Sale Invoice Terms and Conditions.

Taxes and Fees.  Prices quoted for Verizon services do not include taxes and fees.

Financed Devices.  If the Sale Invoice includes a credit entry (generally denoted as “Installment Amount” with a Tracking # which matches the device’s Tracking #) offsetting some or all of a device’s purchase price, then you have agreed to finance the purchase price of the corresponding device (a “Financed Device”) pursuant to the terms and conditions of the Installment Loan Agreement/Security Agreement entered into by you with Verizon (the “Device Payment Agreement” or “DPA”).  CANCELLING YOUR VERIZON SERVICE FOR THE TELEPHONE NUMBER OR DATA LINE (EACH, A “MTN”) ASSOCIATED WITH THE FINANCED DEVICE, INCLUDING PORTING OUT TO ANOTHER CARRIER, WILL RESULT IN THE REMAINING AMOUNT OWED UNDER THE DPA BECOMING IMMEDIATELY DUE AND PAYABLE (A “CANCELLATION BUYOUT”).

Sales Tax – Financed Devices.  Pursuant with applicable law, Sales Tax is collected on the full purchase price of each Financed Device.

Returns and Exchanges – Financed Devices. Financed Devices may be returned or exchanged within 30 days following the date of the Sale Invoice with the date of the Sale Invoice being day 1 (the “Worry Free Period”) provided the Financed Device is returned in the original box along with all included accessories, packaging, and UPC label, all in like-new condition (if this condition is not satisfied, Cellular Sales may, at our discretion, deny the return or elect to accept the return subject to payment of a damage charge).  If you return your Financed Device and elect to cancel your Verizon service for the MTN rather than exchange for an alternative device, a restocking fee will apply (along with any applicable damage charge).  In the event of a return or exchange, you will remain responsible for Verizon usage fees incurred and certain activation fees and upgrade fees charged by Verizon may apply.

Returns – Cancelling Line/Porting Out.  In order to avoid a Cancellation Buyout, if you elect to return your device during the Worry Free Period, YOU MUST NOT, PRIOR TO THE RETURN, CANCEL YOUR VERIZON SERVICE (WHICH INCLUDES PORTING OUT TO ANOTHER CARRIER) FOR THE MTN ASSOCIATED WITH THE FINANCED DEVICE.  The cancellation of the MTN will be handled as part of the return process with Cellular Sales. 

DPA – Early Upgrade/Outstanding Balance.  If any Financed Device replaces a device (your “Prior Device”) which was subject to an DPA with an outstanding balance (the “Prior Device DPA”), and you were not required to pay the balance in full to Verizon in conjunction with your purchase, you accepted an “Early Upgrade” promotional offer from Verizon which requires you to return your Prior Device to Verizon and includes other terms and conditions available here: https://www.verizon.com/support/upgrade-program-legal/.  It is your responsibility to ensure all terms and conditions of the Verizon promotion are satisfied.  If you fail to do so, you will remain liable to Verizon for the outstanding balance of the Prior Device DPA which will become immediately due and payable.

Trade-In Offers and Promotions.  To be eligible for any trade-in offer, the trade-in device must be unlocked and in good working and cosmetic condition (a “Qualifying Trade”).  If you accept a trade-in offer, it is subject to the provisions of the Trade-In Receipt.  If a Promotional Value (rather than Market Value) is selected, you must relinquish your Qualifying Trade to Cellular Sales at the time of the purchase of your new device, and you will receive a recurring credit from Verizon towards your Verizon bill (each, a “Promo Credit”) which will begin within 2 billing cycles following your purchase.  The Promo Credit will continue for the number of months specified in the promotion, and the promotion requirements, which include enrollment in specific monthly service plan (each, a “Service Plan”), must be satisfied for the Promo Credit to continue.  PROMO CREDITS WILL STOP if you (i) reduce your Service Plan; (ii) cancel your service on a MTN that is getting a promotion, by porting to another carrier or otherwise, in which case you will also be required to pay the remaining balance due on your DPA; (iii) pay off your DPA early in which case the pay off amount will not include application of the remaining Promo Credits; (iv) do an early upgrade on the MTN receiving the Promo Credits in which case, absent an applicable Early Upgrade promotion by Verizon, you will be required to pay the remaining balance due on your DPA; (v) transfer your MTN to another Verizon account; (vii) on a buy one/get one promo, disconnect the “buy one” device’s MTN within 6 months of the purchase, in which case you will also be required to pay the remaining balance due on your DPA; or (viii) return your purchased device within the Worry Free Period in which case the Promotional Value will not apply, and you will only be entitled to the Market Value for your Qualifying Trade.  Additional terms and conditions may apply and multiple promotional offers may not be combined.  If your device cost was described as being “free” or otherwise without cost to you, it means that the amount of the monthly Promo Credit will be substantially equal to the monthly payment due pursuant to your DPA.  Accordingly, if you take any of the above actions which cause the Promo Credits to stop, you will owe the remainder due under your DPA which may, pursuant to the terms and conditions of the DPA, become immediately due and payable.

Verizon Rebates. In the event that you are eligible for any rebate from Verizon, it is your responsibility to comply with all terms and conditions.  For more information, visit: https://www.verizon.com/support/device-rebate-faqs/.

Device Protection.  Device Protection, known as Verizon Mobile Protect, for your Device may be available and is highly recommended, particularly if you have elected to finance your Device through a DPA, since you will remain obligated to make your monthly installments (OR PAY THE OUTSTANDING BALANCE IN ORDER TO FINANCE A REPLACEMENT DEVICE) if your Device is lost, stolen, damaged, or otherwise becomes inoperable.  IF DEVICE PROTECTION IS NOT ADDED AT TIME OF PURCHASE, LIMITATIONS COULD PREVENT ENROLLMENT.  All billing and cancellation issues are handled by, and should be addressed to, Verizon.

Privacy Policy.  In the course of our dealings, you agree that Cellular Sales will collect and store information which will be used and protected in accordance with our Privacy Policy (available at https://www.cellularsales.com/legal/privacy-policy/).  Cellular Sales will share information with Verizon to fulfill your request for wireless service.  Cellular Sales will also use information to assist in the servicing of your Verizon Account as well as to contact you by phone, email, text message, or other means regarding products and services offered by us.  Cellular Sales and/or Verizon may perform an identity and/or credit check as a part of our fraud protection and order fulfillment process.

Existing Data on Device.  Should you discover any Data which belongs to another party (“Third Party Data”) on any device purchased (which can occur in rare circumstances), you agree (i) not to disclose or publish the Third Party Data and (ii) to return the device to your nearest Cellular Sales location so that the Third Party Data can be deleted.  YOU AGREE TO HOLD HARMLESS AND INDEMNIFY EACH CELLULAR SALES PARTY AGAINST ALL CLAIMS ARISING FROM ANY DISCLOSURE OR PUBLICATION BY YOU OF THIRD PARTY DATA.

Limitation of Liability – Amount. TO THE EXTENT ALLOWED BY LAW, YOU AGREE THAT THE AGGREGATE LIABILITY OF ALL CELLULAR SALES PARTIES TO YOU FOR MONETARY DAMAGES ASSOCIATED WITH ANY DISPUTE IS LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE GREATER OF (I) THE “TOTAL DUE” SET FORTH IN THE SALE INVOICE OR (II) $2,500.00.

Limitation of Liability – Types of Damages.  UNDER NO CIRCUMSTANCES WILL ANY CELLULAR SALES PARTY BE LIABLE TO YOU FOR, AND YOU WAIVE ANY RIGHT TO, ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, INCOME, OR BUSINESS; MENTAL ANGUISH; AND EMOTIONAL DISTRESS.

Verizon Agreements.  Verizon MTNs are subject to, and governed by, a Verizon Wireless Customer Agreement (your “Verizon Agreement”) entered into with Verizon.  As a result of today’s transactions, certain changes may have been made to your Verizon services. Please review your next Verizon invoice to confirm that the changes you requested are accurately reflected as certain limitations may prevent credits from being retroactively applied.

Severability.  If any provision of the Cellular Sales Customer Agreement is held to be illegal, invalid, or unenforceable (the “Rejected Provision”), the remainder shall remain in full force and effect.  If the Rejected Provision may be made enforceable by limitation thereof, then the Rejected Provision shall be deemed to be so limited and shall be enforceable to the maximum extent permitted by applicable law.

No Authorization to Amend.  No representative of Cellular Sales is authorized to amend or waive the terms of the Cellular Sales Customer Agreement, your Verizon Agreement, or any DPA.

No Waiver:  If Cellular Sales does not enforce our rights under the Cellular Sales Customer Agreement in one instance, it does not mean we will not or cannot enforce those rights in any other instance.

By signing below in the Secondary Agreement Signature blank, you agree to be bound by the Cellular Sales Customer Agreement.