Relationship between MLG Cash and The UPS Store; Release of The UPS Stores.
The MLG Cash buyback program (the “Program”) is operated by MLG Cash (“MLG”), an independent third party from The UPS Stores. The UPS Stores are not involved in the transaction under the Program, which is between MLG and you (the “Seller”). Any and all transactions conducted under the Program are solely between MLG and the Seller. THE SELLER HEREBY RELEASES THE UPS STORES 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 MLG SERVICES OFFERED UNDER THE PROGRAM (THE “SERVICES”), INCLUDING ANY UNCOMPLETED OR COMPLETED TRANSACTIONS AND ANY CLAIMS OR DISPUTES BETWEEN THE SELLER AND MLG.

Our program allows the Seller with an online process to sell his or her previously owned and/or unused wireless device and/or other devices or products covered by this program. MLG agrees to purchase and pay for all Devices received under the Terms and Conditions as stated below. MLG reserves the right to amend, cancel or alter this program and/or the Services at its sole discretion.

SELLER’S USE OF THIS SITE IS GOVERNED BY THE TERMS AND CONDITIONS STATED IN THIS DOCUMENT. SELLER’S REGISTRATION AND USE OF OUR SITE AND PLACEMENT OF A TRANSACTION INDICATES SELLER’S ACCEPTANCE OF THESE TERMS AND CONDITIONS.

MLG MAY AMEND THE TERMS AND CONDITIONS STATED AT ANY TIME BY FIRST 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 DECEMBER 10, 2020. THE SELLER’S USE OF THIS SITE, ACCESS TO THE PROGRAM OR THE SERVICES MAY BE TERMINATED OR SUSPENDED BY MLG FOR ANY REASON, AT MLG’S SOLE DISCRETION, INCLUDING BUT NOT LIMITED TO SELLER’S NON-COMPLIANCE WITH THESE TERMS AND CONDITIONS.

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 MLG  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 is legitimate, to the point, and in its entirety. The Seller also states unequivocally and guarantees that the Products that the Seller wants to sell: (i) are not fakes, dummies, copies or stolen; and (ii) that the sale of such Devices to MLG would result in the immediate cancellation of the device in question. Selling stolen cellular equipment violates the law.

The Seller can obtain an appraised value for the device by inputting the information about the make, model, condition (both cosmetic and functionality) and Financial status of the device. The Seller desires to sell to MLG. The Seller fully agrees that registration in the Program requires a completed Seller’s registration form with truthful responses, and must complete contact name, phone number, valid I.D. and an e-mail address. MLG will not honor the “Appraised” price, and will not be held responsible for communication errors should the Seller’s inputted information be false, or inaccurate. Furthermore, the Seller must ensure that they can receive e-mails and or SMS messages from MLG.

By providing your cell (mobile) phone number, you agree to receive SMS Texting to finish a trade in with MLG Cash.

MLG Cash is not responsible for any blocked or filtered as spam e-mails.

The UPS Stores may request that MLG may share with them the Seller’s registration information. If it does so, the information will only be used by The UPS Stores in accordance with its privacy policies.

Based on the data inputted by the Seller in the First Transaction, MLG will make an offer to purchase the applicable device for its appraised value (“First Offer”). If the device condition and description matches MLG’s First Offer, and received within (7) days of the date the Initial Offer was made.  It is the Seller’s responsibility to deliver The Device to any of The UPS Stores in the USA.

Once the Device has been tendered (delivered) to The UPS Store Attendant. Seller’s delivery of Device to The UPS Stores confirms the Seller’s acceptance of MLG’s First Offer to purchase said Device.

It is the responsibility of the Seller to discontinue service on mobile phones and or tablet prior to shipment of such Device to MLG. MLG  will not be responsible for any airtime charges accrued prior, during, or after any transaction. Should airtime charges be accrued, it is the sole responsibility of the Seller not MLG, to settle any and all payment and or billing issues. Seller is informed that mobile phone carriers may lock mobile phones with unpaid charges, rendering them “locked Device” which will radically lower the price offered in the “First Offer” under the Program.

It is the responsibility of the Seller to remove any and all data from Products before shipping them to MLG, including all personal, confidential information, and to remove the SIM card and memory card, if applicable. Specifically, you acknowledge that you have erased your contacts, calendar, photos, messages, call history, email, text messages, videos, web browsing history and any other personal, confidential or sensitive information, and that you have removed the SIM card and memory card, if applicable, from your device. By sending MLG any Device, the Seller releases and holds harmless MLG and The UPS Stores 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 Device or for such data’s security, integrity, confidentiality, disclosure or use. As part of MLG’s evaluation process for Products received, MLG always erases clear any and all data on the Devices. That is, if for any reason a device is returned to Seller for any reason will not have any of Seller’s data that was not wiped or removed by the Seller before sending the Products to MLG. Furthermore, 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 MLG from having the ability to use or resell the Products.

If Seller has provided a truthful and accurate description of the Device as detailed in the First Transaction, and if The UPS Store Attendant verifies that the Products are in the condition as identified by the Seller in the First Transaction, MLG will accept the Device (“Accept” or “Acceptance”) and purchase the Device for the price offered in the First Offer, with the payment terms being as described below in these Terms and Conditions.

MLG will not Accept the Device provided by the Seller under the following conditions:
MLG will change the price offered in the “First Offer” under the Program under the following conditions.:

If the make, model, condition (both cosmetic and functionality) and Financial

status (Seller is informed that mobile phone carriers may lock mobile phones with unpaid charges ) of the device of the device is different than the Seller’s description as identified in the First Transaction.

• If MLG determines (at its sole discretion) that the condition of the Device received by The UPS Store is different than the Seller’s description as identified in the First Transaction, MLG will immediately send an SMS message to the Seller detailing the real condition of the Device received and a New Offer.
• MLG will send a New Offer to the Seller in an SMS message and the Seller has the option to accept the new offer or refuse the offer. If Seller refuses the Offer the Device will be immediately returned to the seller and the transaction will be cancelled.
• In all cases, should the Seller receive a New Offer from MLG, the First Offer is rescinded and void automatically upon the making of the New Offer by MLG.
• If the seller accepts the offer at The UPS Store, the Seller will receive payment instantaneously, and the seller will not be able to get the device back.

To pay the Seller for the Device, the Seller will receive payment instantaneously by choosing to be compensated by PayPal or Walmart Cash Pickup.

All pricing for the Program is subject to change by MLG without notice. MLG reserves the right to make adjustments and or changes at any time in its sole discretion. MLG reserves the right to void any transaction and return the Device to the Seller.

Cookies are small pieces of information that are stored on a computer’s hard drive. MLG uses cookies to personalize the Seller’s experience on its Site. The Seller must permit the use of cookies in order to use this Site; however, MLG 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.

The Seller may contact MLG about this Site or the Program at Customer Service by calling 305 697 7308.

All content of this Site is copyrighted by MLG. 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 MLG is prohibited and may violate the copyright laws of the United States. MLG 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 MLG. 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.

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 MLG or the Seller and The UPS Stores. All of such parties are independent of each other and none shall be deemed an agent for another party.

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

The Seller agrees to indemnify and hold MLG, The UPS Stores 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.

MLG, 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. MLG, its officers, employees and agents specifically DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR 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 MLG 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.

IN NO EVENT WILL MLG OR THE UPS STORES 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 MLG OR THE UPS STORES 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 MLG AND THE UPS STORES 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.

In no event will the aggregate liability of MLG or The UPS Stores 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, or (B) $100.00.

THE SELLER HEREBY RELEASES MLG AND THE UPS STORES 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.

These Terms and Conditions will be governed in all respects by the laws of the United States of America and the State of Florida, 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 Miami-Dade County in the State of Florida. All notices provided by MLG to the Seller under the Program will be provided via SMS message to the telephone number provided by the Seller when registering for the Program. The failure of MLG to require performance by the Seller of any provision hereof will not affect MLG’s right to require such performance at any time thereafter; nor will the waiver by MLG 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 MLG and the Seller relating to the subject matter hereof and supersede any prior agreements between MLG and the Seller with respect to such subject matter.