Terms of Service

The terms and conditions below are legally binding on you as a user of the Totem™ service, the Totem™ web site(s), and/or as a customer of Cellular Distribution Strategies, LLC ("Cellular Distribution Strategies"), and inure to the benefit of Cellular Distribution Strategies and its successors and assigns.

Requirements for use. You must be (and, by requesting, receiving or using Totem™ or other Totem™ materials, sending Cellular Distribution Strategies any mobile device, whether using any materials provided by Cellular Distribution Strategies or otherwise (individually, an "Item", and collectively, "Items"), or otherwise conducting business with Cellular Distribution Strategies, you represent and warrant that you are):

(i) At least eighteen (18) years of age;

(ii) The actual legal owner of any and all Items sold or attempted to be sold to Cellular Distribution Strategies or specifically authorized in writing to sell the Items to Cellular Distribution Strategies;

(iii) Unless specifically authorized in writing, acting on your own behalf and not as the agent or representative of another person; and

(iv) Intending and agreeing to be legally bound by these terms and conditions.

Cellular Distribution Strategies may request documentation or other proof of compliance with any of these requirements.

You expressly represent, warrant and agree that you have (or if acting on behalf of or as agent or representative of another person, such person has), full, legal and unencumbered title to, and ownership of, every Item that is sent or delivered by you to Cellular Distribution Strategies and that you have full authority to solely engage in the transaction with Cellular Distribution Strategies.

You agree to and will indemnify and hold harmless Cellular Distribution Strategies from and against any and all claims, suits, investigations, judgments, liabilities, obligations and damages relating to or arising out of the title to, ownership of or lien on any item sold or purported or arranged to be sold by you to Cellular Distribution Strategies.

You expressly agree and understand that it is your sole responsibility to delete all data and other contents from any Item sent to Cellular Distribution Strategies. Further, Cellular Distribution Strategies will not delete any data or any other contents from any Item sent and has no responsibility to the foregoing for any reason under any circumstances whatsoever. You will indemnify and hold harmless Cellular Distribution Strategies from and against any and all claims, suits, investigations, judgments, liabilities, obligations and damages relating to or arising out of the use of any data and other contents that you have not removed prior to sending on any item sold or purported or arranged to be sold by you to Cellular Distribution Strategies.

Payment and Return
(i) After receipt and appraisal of your Item(s), Cellular Distribution Strategies will issue a check that constitutes Cellular Distribution Strategies's payment for the purchase of your Item(s). If customer selects PayPal payment option on the website, a PayPal payment will function as would a check from Cellular Distribution Strategies. Upon Cellular Distribution Strategies's delivery of the check, your cashing, deposit or other endorsement of the check, or your failure to provide timely notice of return as provided in item 2(ii) below, you will be legally bound by the sale transaction and you will not have the opportunity or right to receive a device identical to the make/model and condition of your Item(s) submitted back from Cellular Distribution Strategies.

(ii) If you do not wish to keep Cellular Distribution Strategies' check and would like a device returned, you must email Cellular Distribution Strategies at hello@hellototem.com to provide notice of your return request to a customer service representative within fourteen (14) days of the date on the check or PayPal payment. If Cellular Distribution Strategies receives your phone call within such fourteen (14) day period, Cellular Distribution Strategies will return a device identical to the make/model and condition of your Item(s) submitted, without charge to you, within fifteen (15) business days. In the event that the devices received by Totem do not match what was quoted on the site nor do they match a device which we take the item will most likely be declined. A $28.00 shipping and handling fee will be invoiced should you wish to have us ship your item back to you. Promo codes cannot be accepted for devices which have an initial offer price of $40 or less.
(iii) If Cellular Distribution Strategies receives your Item and the condition differs from the stated condition you will be offered a revised quote via email. If revised quote is accepted, Cellular Distribution Strategies will issue payment per the preference selected during the original quoting process. If revised quote is rejected, Cellular Distribution Strategies reserves the right to charge a shipping and handling fee and will return your Item(s), within fifteen (15) business days. If revised quote is not responded to within five (5) days, Cellular Distribution Strategies' revised offer is bound and payment in the amount of the revised offer will be issued. (iv) In the event multiple devices are submitted during a single transaction and Cellular Distribution Strategies offers a revised quote on one or more items, the devices that Cellular Distribution Strategies agrees to accept at 100% of the quoted price will be treated as individual, closed transactions. For acceptance/rejection of a revised quote on a single item within a multiple submission, Terms as stated above in section (iii) apply.
Limitations of liability
(i) Cellular Distribution Strategies will have no liability for any Item while in transit or otherwise in the possession or custody of any party other than Cellular Distribution Strategies, including, without limitation, any common carrier, customs authority or postal or delivery service. You bear the risk of loss until Cellular Distribution Strategies acknowledges receipt and verification of your Item(s), even if you send Items in materials provided by Cellular Distribution Strategies.

(ii) If you use the Postal Service prepaid mailing box provided by Totem, in the event of loss of or damage to the contents of Items, that you properly ship to Cellular Distribution Strategies in accordance with the instructions and procedures set forth in the Totem™ materials, Cellular Distribution Strategies will, subject to these terms and conditions, pay you (and Cellular Distribution Strategies's liability will be limited to) an amount equal to the lesser of the one-third (1/3) of the quoted value of the lost contents or One Hundred Dollars ($100.00). Cellular Distribution Strategies reserves the right, in its sole discretion, to reject delivery of any mail or package that appears damaged, opened or tampered with. Any such rejected mail or package will be returned to you, and Cellular Distribution Strategies will have no liability in connection with any such attempted delivery or return of any Item(s).

(iii) In the event of a loss or damage after Cellular Distribution Strategies acknowledges receipt and verification of an Item, Cellular Distribution Strategies's liability will be limited to one-third (1/3) of the quoted value of the lost or damaged Item or Three Hundred Dollars ($300.00), whichever is less.

(iv) If you do not provide Cellular Distribution Strategies with an original sales (issued prior to delivery to Cellular Distribution Strategies) for the Item, the value of your Item for purposes of Cellular Distribution Strategies's liability will be $33.00, for loss or damage prior to Cellular Distribution Strategies's acknowledgment of receipt and verification, or the liquidation value determined by Cellular Distribution Strategies in its sole discretion, for loss or damage after acknowledgment of receipt and verification. You expressly acknowledge and agree that if you do not provide such a sales slip or appraisal, Cellular Distribution Strategies's determination of value shall be conclusive and binding.

(v) In order to make a claim for loss or damage of an Item, you must submit a claim to Cellular Distribution Strategies after thirty (30) days and within ninety (90) days of your mailing the Item to Cellular Distribution Strategies. Such claim must be made on the claim form provided by Cellular Distribution Strategies (available upon request). Cellular Distribution Strategies will not accept or process your claim form unless it is fully and accurately completed, signed and delivered to Cellular Distribution Strategies in accordance with the instructions on the claim form. In addition, you must submit all supporting documentation with the completed and signed claim form.

(vi) Cellular Distribution Strategies reserves the right, in its sole discretion, to reject delivery of any prepaid mailing kit, mail, envelope, package or other material that appears damaged, opened or tampered with. Any such rejected material will be returned to you, and Cellular Distribution Strategies will have no liability for any such attempted delivery or return of any Item(s).

(vii) Except as expressly provided in items 3(ii) and 3(iii), Cellular Distribution Strategies will have and assumes no liability whatsoever, whether arising in connection with the use of the Totem™ service, Totem™ web site(s) or Totem™ prepaid mailing package or other materials provided by Cellular Distribution Strategies, the loss of any Item(s), or for any other reason, including, without limitation, Cellular Distribution Strategies' own acts or omissions. Cellular Distribution Strategies will not be liable for any special, incidental, punitive, consequential or other similar damages (including, without limitation, loss of profit or opportunity).
Return insurance liability limitation. Cellular Distribution Strategies will insure any Item returned to you with a value, as determined by Cellular Distribution Strategies in its sole discretion, of $100.00 or more at the amount of one (1) times such value (regardless of whether and in what amount it was insured for when mailed by you). Cellular Distribution Strategies will not insure any item with a value, as so determined, of less than $100.00. If Cellular Distribution Strategies receives a written request from you prior to return shipment of your Item(s), Cellular Distribution Strategies will increase the amount of insurance as requested by you, provided that you also forward the sum of $20.00 to cover insurance and administrative costs. Cellular Distribution Strategies will, in its sole discretion, choose the return carrier, insurance and receipt verification method for each transaction. Except for such insurance obligation, Cellular Distribution Strategies will have no liability whatsoever in connection with the return of any Item to you.
Privacy policy. Cellular Distribution Strategies's privacy policy is posted at www.HelloTotem.com. Such privacy policy, as amended from time to time, will be binding on you. Cellular Distribution Strategies reserves the right, in its sole discretion, to monitor and/or record any telephone calls made or received by Cellular Distribution Strategies.
Legal compliance. Cellular Distribution Strategies has instituted a compliance program under the USA PATRIOT Act. You may be asked for information to help us comply with such program.
Binding effect. These terms and conditions, including, without limitation, the limitations of liability herein, will be binding on you and all third parties, including, but not limited to, your successors, assigns, insurance carriers and any other individual or entity asserting any right or claim relating to your transaction with Cellular Distribution Strategies. In no event will Cellular Distribution Strategies be liable to any third party, including, without limitation, any insurance carrier. Cellular Distribution Strategies will not be liable for, and you waive, any subrogation claim brought by your insurance carrier or on your behalf.
Choice of law, waiver and claims. These terms and conditions, and all Cellular Distribution Strategies transactions doing business as Totem™ will be governed by the laws of the Commonwealth of Delaware without regard to its conflict of law provisions. Cellular Distribution Strategies' failure to exercise or enforce any right or provision of these terms and conditions will not be deemed to be a waiver of such right or provision. If any of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other terms and conditions will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Totem™ or Totem™ service or web site(s) or otherwise with Cellular Distribution Strategies must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any such claim or cause of action must be filed in the Commonwealth of Delaware. Cellular Distribution Strategies will be entitled to reimbursement for any and all costs incurred by it in defending any civil action filed or attempted to be filed in any jurisdiction outside of the Commonwealth of Delaware, including but not limited to, attorney's fees incurred by Cellular Distribution Strategies.