These Terms of service are an agreement between BUY MY POD, LLC and you. Please take a moment to read these terms and to understand them.
1. INTEGRITY.BUY MY POD values honesty in business, especially online business. We ask that you be honest and fair with us. We will honor your quote within 72 hours of receiving your iPod in the mail so long as the information provided to us is accurate regarding condition and arrives in the same condition as described.
2. PRICE. BUY MY POD reserves the right to adjust pricing if the item received differs in terms of specifications or condition from the “instant offer”. Please read the “Condition” options carefully. If the item is tested and is found to not work as described in the quote, or arrives broken beyond what was described or with water damage, bad esn or has passwords locking the device, we will email you with a new quote to reflect the item received. If you decline the revised offer, we will mail your device back to you using USPS first class mail at no cost.
3. PAYMENT. BUY MY POD pays you with your choice of PayPal, Western Union ($12 fee), or Check within 24-72 hours of your device being marked delivered to us by USPS. 72 hours applies to Classic Model iPods and items that are received with no charge or with locks or accounts not removed from the device. In order for us to guarantee payment is sent within 24-72 hours, we send payments with your choice of PayPal(No Fee) or Check. Please add 2-6 extra days for your check to arrive once mailed. IF YOU CHOSE Our exclusive “Get Paid Today” option, allows you to receive your funds the same day you complete your order (PayPal Required). We process payments between the hours of 6am-9pm est. If your order is placed between 6am-8pm est you will receive your funds in PayPal within 1-3 hours, order placed after 6pm est will receive funds the following day before 9am est. A service fee of 32% applies for this payment option (We reserve the right to refuse service for this payment option if required). Items not received within 3 Business days (Unless there is an issue with USPS) may be subject to chargeback. We require the item to be received by the 3rd business day (Unless there is a confirmed issue with USPS) after order completion or we will be forced to initiate a chargeback with PayPal to recover the funds sent. (Some exceptions may apply) This option is only available if you select to receive your shipping label by email.
4. PACKING YOUR ITEM. The condition of the item when it arrives to BUY MY POD is your responsibility. Please take the time to pack your item with a little padding. USPS loses about 1 of our packages a year. If this turns out to be yours, and you used the label we provided, we will still pay you the instant offer amount as long as the USPS tracking shows it was initially received and scanned in to the system.
5. STOLEN AND FAKE ITEMS. Any item determined to be stolen or fake will be turned to the proper authorities and you will lose all rights to payment on the item.
6. INSTANT OFFER VALIDITY. Your instant offer is valid for 30 days from the original submission.
NOTICE. BUY MY POD may deliver notice to you by means of e-mail, general notice on this site, or other reliable method to the address you have provided us. It is your duty to keep your email address up to date, maintain a valid email address, and ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities.
7. ELECTRONIC TRANSACTIONS. You agree to transact with us electronically. This means you agree to accept the Terms of service and to transact any sale of your product with us by electronic means.
8. TRADEMARKS. No content may be used or copied by any third party without written express consent from BUY MY POD, LLC. Proprietary Rights: All of the content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services, computer coding and other matters related to the Website and associated Services, are the sole property of Buy My Pod, except where specifically indicated. As such, they are protected to the maximum extent permitted by copyright laws, trademark laws, other proprietary laws (including, but not limited to, intellectual property and trade secret laws) and international treaties.
As well as, we do not claim to own any of the intellectual property of any of the goods or services posted by our users. They are the exclusive property of their respective owners, however, they are being used on this site in accordance with the nominative fair use exceptions to the copyright law (codified at 17 U.S.C. § 107) and trademark law (codified at 15 U.S.C. §1125) and relevant case law.
9. LIABILITY LIMITATION. IN NO EVENT WILL BUY MY POD, ITS AFFILIATES, SERVICE PROVIDERS,EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. 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.
10. INDEMNIFICATION.You agree to indemnify, defend, and hold harmless buy my pod, 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 violation or breach of any representation or obligation under these Terms and Conditions. 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.
11. LEGAL ISSUES. Buy my pod will not have any liability to user in excess of final quoted value as determined by buy my pod. In any event, Buy my pod is not liable for any indirect, punitive, incidental,or exemplary damages.
12. LEGAL AUTHORITY. You represent and warrant to us that (a) you are legally capable to enter into contracts, (b) you are providing us at all times true, accurate and up to date information about yourself, (c) you will comply at all times with the Terms and Conditions and applicable law and (d) your use of the Website and any transactions that you make with us will not violate the rights of any third party. You further represent and warrant that the device you intend to sell is rightfully owned by you free and clear of all liens and/or encumbrances.
13. GOVERNING LAW.All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of NC or any other jurisdiction).Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of NC in each case located in the City of Burnsville, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
14. SHIPPING LABELS. BUY MY POD provides you with a free pre-paid USPS label to mail your device to us.
15. SEVERABILITY. If any provision of these Terms and Conditions is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
16. SUBJECT TO CHANGE AND TERMINATION. BUY MY POD reserves the right to update the terms from time to time as deemed necessary. The user is responsible for reviewing the terms, and use of buymypod.com confirms user’s consent to the terms. Without limiting other remedies, we may limit, suspend, or terminate our services, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Website if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
17. QUESTIONS. Pease email us at firstname.lastname@example.org and we will get back to you asap.