Terms of Service

Rick's iStock LLC Terms of Service

Rick's iStock LLC, an Arizona limited liability company ("Company") and the website of Company, operated by Company ("Website") presents the below terms ("Terms") as an agreement between you ("You") and Company (the "Agreement"). You should read this Agreement carefully before participating in any transaction with Company.

By participating in any transaction with Company, (1) You acknowledge that You have read, understand, accept, agree to, and are legally bound by this Agreement; (2) You are of legal age and competency to form a binding contract with Company; and (3) You have the authority to enter into this Agreement personally or on behalf of the company You have named as the purchaser or recipient of any Service (defined below) and to bind that You or the company to the Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT UTILIZE ANY SERVICE OF COMPANY.

The Terms of Service includes (1) Your agreement that Company has no liability regarding its performance of Services; (2) Your agreement that the Services are provided "As Is" and without warranty unless specifically provided herein; (3) Your consent to release Company from liability based on claims between users and generally; and (4) Your agreement to indemnify Company for Your use or inability to use the Services.

This Agreement limits the remedies that may be available to You in the event of a dispute. By means of illustration, without being a limit, this Agreement includes a class action waiver and a waiver of jury trials and requests binding arbitration on an individual basis to resolve disputes.

Please note that this Agreement is subject to change by Company at its sole discretion at any time. When changes are made, Company will make a new copy of this Agreement available at the Website, and any new supplemental terms will be made available from within, or through, the affected Service on the Website. Company will also update the "Last Revised" date at the top of this Agreement. If You do not agree to any change(s) upon any revision of this Agreement, You shall cease using any Services.

Article 1 – Definitions

Definitions.

Each term defined above has its assigned meaning, and each of the following terms has the meaning assigned to it.

• "Action" means any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, notice of violation, proceeding, litigation, citation, summons, subpoena or investigation of any nature, civil, criminal, administrative, regulatory or otherwise, whether at law or in equity, including reasonable attorney's fees resulting thereof.
• "Agreement" has the meaning assigned to it above. Additionally, "Agreement" means this Agreement and its attached exhibits, as any one or more is amended from time to time in writing.
• "Blacklisted Device" means a Device that has been reported lost, stolen, or due to an unpaid bill by the network the Device was locked to originally, or that is iCloud locked, activation locked, MDM (Mobile Device Management) managed, or otherwise rendered unable to be activated for new service.
• "Buyer" means a Member who has indicated their acceptance of an offer from Company for the purchase of a Device.
• "Company" has the meaning assigned to it above. The definition of Company includes "Website" and "Content" owned by Company.
• "Content" means any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and/or other materials accessible through Company.
• "Customer Information" means, without limitation, Your first and last name, email address at which You receive mail, phone number, billing address, and a valid postal address at which You are able to receive mail (if different from the billing address).
• "Device" means any physical product that is bought or sold by Company, including, but not limited to, mobile telephones, tablets, watches, Wi-Fi products, and related accessories.
• "Financed Device" means a Device that is subject to an outstanding balance, equipment installment plan, or any other financing arrangement with a wireless carrier, retailer, or third-party lender.
• "Refurbished" means previously used Device and/or parts that have been restored to like-new working condition.
• "Service(s)" means, but is not limited, the purchase, sale, trade-in, exchange, or other transactions of Devices, use of the Website or any Service Company may provide from time to time.
• "Terms" means the rights, prohibitions, benefits, and obligations described herein.

Article 2 – Scope and Format

Scope.

This Agreement governs (i) any and all Services between You and Company; and (ii) any and all supplemental terms or policies that accompany a specific transaction, feature or application, collectively, that is related to or reasonably related to Services between You and Company.

Format of Agreement.

You expressly acknowledge, understand, and agree that this Agreement, whether in electronic form or in print form, is legally binding between You and Company. Furthermore, You expressly acknowledge, understand, and agree that in the event this Agreement was revised via either electronic format or print format, the most recent revision is controlling. By way of illustration, if this Agreement has been revised, and the revised, electronic version is on the Website, but the print version You executed is not the most recent revision of the Agreement, the most recent revised electronic version is controlling, and You are bound to that most recent revised electronic version despite executing the unrevised print agreement.

Article 3 – Purchase of Device from Company

No affiliation with Apple®.

You acknowledge and understand that Company is in no way an Apple® Reseller or affiliated with Apple® in any other way. Therefore, Company does not contact Apply® for support regarding any Device.

Required Information.

You shall provide to Company valid, up-to-date Customer Information prior to the purchase of any Device from Company.

Purchase Terms.

The following additional Terms apply to any Device purchase from Company:

• Credit Card – Your credit card will be charged by Company when Your order is placed;
• Sales Tax – You shall pay all applicable states' sales taxes; and
• Shipping – You shall pay for the cost of shipping.

Accessories and Packaging.

The purchase of a Device from Company shall be accompanied by a third-party cable charger and the packaging shall be packaging with Company's branding.

Defected Device.

If any defect of a Device occurs within ten calendar days following the purchase of a Device from Company, You shall immediately inform Company upon discovery of the defect, and in no event after 11 days of the purchase of the Device, in writing. After Company confirms that the Device is defected and that the defect was in occurrence at the time of purchase from Company, Company shall change the defected Device with an identical or near-identical Device.

Blacklisted Devices.

In the event that You purchase a Blacklisted Device from Company, Company shall replace the Blacklisted Device with an identical or near-identical Device, provided that the Device was a Blacklisted Device at the time of purchase from Company and You return the Blacklisted Device to Company.

Article 4 – Sale of Device to Company

Required Information.

You shall provide to Company, valid, up-to-date Customer Information prior to the sale of any Device to Company.

Defected Device.

If You sold a defected Device to Company, You shall buy the Device from Company within ten calendar days of Company discovering the defect, and You shall be responsible for the costs of shipping or delivering the defected Device to You.

Blacklisted Device.

If You sold a Blacklisted Device to Company, including but not limited to a Device that is iCloud locked, activation locked, MDM (Mobile Device Management) managed, reported lost or stolen, carrier locked due to an unpaid bill, or counterfeit, You shall buy the Device from Company within ten calendar days of Company discovering that the Device is Blacklisted, and You shall be responsible for the costs of shipping or delivering the Blacklisted Device to You. Company does not purchase items that are account locked, remotely managed, counterfeit, blacklisted, or not the original item type described during checkout. Company reserves the right to charge a shipping and handling fee of $15.00 for the return of such items. An invoice will be sent to You for this amount. You will have five (5) business days from the date and time the invoice is emailed to pay the invoice in full. If the invoice is not paid within five (5) business days, the item will be responsibly recycled by Company.

Financed Devices.

You represent and warrant that any Device sold to Company is fully paid off and free from any outstanding balance, equipment installment plan, or other financing arrangement. Company does not accept Devices that are still being financed or paid off. If Company receives a Device with an outstanding balance, installment plan, or financing agreement of any kind, Company may, at its sole discretion: (a) reject the Device and provide a revised offer of $0; (b) charge You a return shipping and handling fee of $15.00; or (c) retain the Device pending resolution. An invoice for the return shipping fee will be sent to You via email, and You will have five (5) business days from the date and time the invoice is emailed to pay the invoice in full. If the invoice is not paid within five (5) business days, the Device will be responsibly recycled by Company. You remain solely responsible for any and all remaining payments under any installment plan, financing agreement, or service contract associated with the Device, including any contract termination fees. Company assumes no liability for any such payments or obligations.

Right to Refuse.

Company determines, in its sole discretion, which Devices are eligible for purchase. Company has the option, in its sole discretion and without limitation, to refuse or reject any Device that:

• Is blacklisted, reported lost, reported stolen, or flagged by any carrier or law enforcement agency;
• Has an outstanding balance or is subject to a financing agreement or installment plan;
• Is iCloud locked, activation locked, MDM (Mobile Device Management) managed, or otherwise unable to be activated for new service;
• Is counterfeit, not genuine Apple, or not the original item type described during checkout;
• Has been modified beyond original factory specifications;
• Has water damage, a bent frame, is oxidized, or has structural damage;
• Does not match the description, condition, or specifications provided by You; or
• Is damaged or lost in transit.

For any rejected Device, You may be responsible for return shipping at Company's discretion. Company reserves the right to charge a shipping and handling fee of $15.00 for the return of rejected Devices. If return shipping is not paid within five (5) business days of the invoice being sent, the Device will be responsibly recycled by Company.

Payment Methods and Third-Party Processing Fees.

Company issues payment via the payout method You select (PayPal, Venmo, Zelle, Cash App, or Apple Pay). These payment processors are independent third-party services, and each may deduct its own receiving, transaction, or service fees from the amount You receive, in accordance with that processor's own terms and fee schedule. For example, PayPal may charge a receiving fee on payments. Any such fees are set, charged, and retained solely by the third-party processor — not by Company — and may change at any time without notice. The purchase price offered by Company is the gross amount paid by Company before any third-party processing fees. Company is not responsible for, and shall have no liability with respect to, any fees, holds, delays, or account limitations imposed by a third-party payment processor.

Article 5 – Trade-in Device

Cash Credit.

Company may at its sole discretion permit You to participate in its trade-in program as described: Company shall determine the value of Your Device in the form of a "credit" to be used towards the purchase of a newer Device from Company. Additionally, Company may discount the listed sale price of the newer Device. In event the Device You sold to Company is defected or Blacklisted, the provisions of Article 4 shall apply.

Article 6 – Trade-In & Buyback Shipping Policy

Accessories and Packaging.

All offers made by Company are for iPhone devices ONLY. Offers do not include, and no value is assigned to, any accessories, cases, chargers, cables, SIM cards, memory cards, screen protectors, AirPods, original packaging, boxes, manuals, or any other items beyond the Device itself.

You MUST remove ALL accessories, cases, chargers, cables, SIM cards, SIM card trays, memory cards, screen protectors, AirPods, original packaging, boxes, manuals, and any other non-Device items before shipping Your Device to Company. Ship ONLY the Device itself.

ANY accessories, cases, chargers, cables, SIM cards, memory cards, screen protectors, AirPods, packaging, boxes, manuals, or other non-Device items shipped to Company will be responsibly recycled upon receipt. Company does not have the labor or storage space available to track, store, catalog, or retain these items. Due to the high volume of Devices processed, Company cannot identify or associate accessories with individual orders or Devices.

Accessories and non-Device items shipped to Company CANNOT be returned under any circumstances, including if the Device itself is returned to You. Company is not responsible for the value, replacement, or reimbursement of any accessories or non-Device items shipped to Company. By shipping any items to Company, You acknowledge and accept that all non-Device items will be recycled and cannot be recovered.

Carrier Damage Claims.

If a customer requests to file a claim for damages that occurred in transit, Rick's iStock reserves the right to deny any claim that, in our sole discretion, is believed to be false, misleading, or fraudulent in any way.

Lost in Transit Claims.

If a package is lost during transit, Rick's iStock requires the customer to blacklist the device's IMEI with the original carrier prior to filing a claim. If the customer refuses to blacklist the IMEI, Rick's iStock reserves the right to deny the claim. Rick's iStock also retains the right to deny any claim we believe is fraudulent or lacks supporting documentation.

Claims Resolution Timeline.

All approved claims involving shipping issues—whether damage or loss—may require 30 to 90 days to resolve. This timeframe allows for communication with shipping carriers, investigation of the incident, and proper documentation review.

Liability and Shipping Insurance.

Rick's iStock is not liable for any packages lost in transit. The complimentary shipping label provided includes insurance coverage of up to $100 only. If you are sending a device valued over $100, it is your responsibility to contact Rick's iStock before shipping to request a fully insured label. If you choose to use the free USPS Ground shipping label and the package is lost, Rick's iStock will not be held responsible for the loss or issue any reimbursement.

Shipping Labels & Lost Package Claims.

Company provides pre-paid shipping labels, which may include USPS hazmat labels where applicable. You are REQUIRED to apply ALL labels provided to You at the time of submission, including but not limited to shipping labels, USPS hazmat labels, and any other labels included with Your shipping materials. Failure to apply all provided labels may result in the package being lost, damaged, rejected, or returned by the carrier.

If You fail to apply all provided labels and the package is lost, damaged, or rejected by the carrier, Company assumes NO liability whatsoever. You assume all risk for packages shipped without following all labeling instructions provided by Company.

Each USPS shipping label provided by Company covers a maximum of one hundred dollars ($100.00) in carrier insurance coverage per label. Company's total liability for any lost package claim shall not exceed the carrier's insurance coverage amount of $100.00 per label.

For lost package claims, the following requirements apply:

• You MUST provide a copy of the drop-off receipt (proof of shipment) to Company BEFORE Company will file any claim with the carrier on Your behalf;
• Without proof of shipment (i.e., a drop-off receipt from the carrier), Company cannot and will not file a lost package claim;
• Company is NOT liable for packages lost due to Your failure to obtain or retain a drop-off receipt at the time of shipment; and
• It is Your sole responsibility to obtain and retain proof of shipment for all packages sent to Company.

By utilizing Company's shipping labels and Services, You acknowledge and agree that You assume all risk associated with failure to follow labeling instructions, failure to retain proof of shipment, and any loss or damage resulting therefrom.

Article 7 – Device Inspection and Revised Offers

Inspection.

Company will inspect all Devices upon receipt. Company inspects each Device to verify its condition, functionality, description accuracy, and eligibility for purchase.

Revised Offers.

If the condition, description, or specifications of the Device differ from the information You provided when the offer was calculated, Company reserves the right to revoke the original offer and provide a revised offer for the Device. Company may provide a revised offer if: (a) the Device is not as described; (b) the Device is received by Company after the applicable delivery period; and/or (c) Company receives a Device that is different from the one identified when Your offer was calculated. The revised offer will be communicated to You via email at the email address You provided.

Response Period.

You will have seven (7) calendar days from the date the revised offer is sent to accept or reject the revised offer. Company will send up to three (3) email reminders during this seven-day period to the email address You provided.

Deemed Acceptance.

If You do not respond to the revised offer within seven (7) calendar days after Company has sent the revised offer notification and up to three (3) email reminders, the revised offer shall be DEEMED ACCEPTED by You, and Company will process payment at the revised offer amount. By utilizing any Service of Company, You expressly agree to this deemed acceptance provision.

Rejection of Revised Offer.

If You reject the revised offer within the seven (7) calendar day period, the Device will be returned to You. You may be responsible for return shipping costs at Company's sole discretion.

Article 8 – Device Eligibility

Eligible Devices.

Company accepts iPhones only for its buyback and trade-in Services. All offers and purchase prices are for iPhone devices exclusively.

Ineligible Devices.

Company does NOT accept the following items for its buyback or trade-in Services:

• iPads or other tablets;
• Android phones or other non-Apple mobile phones;
• Apple Watches or other smartwatches;
• MacBooks, laptops, or desktop computers;
• Standalone accessories, chargers, cables, cases, or AirPods; or
• Any other device or item not specifically listed as eligible.

Receipt of Ineligible Devices.

If Company receives an ineligible device or item, it will be returned to You at Your cost. Company will charge a shipping and handling fee of $15.00 for the return of any ineligible device or item. An invoice for the return shipping fee will be sent to You via email, and You will have five (5) business days from the date and time the invoice is emailed to pay the invoice in full. If the return shipping invoice is not paid within five (5) business days, the ineligible device or item will be responsibly recycled by Company, and Company shall have no further obligation regarding such device or item.

Article 9 – General

Remove Your Data and Unlock Your Phone.

You MUST unlock and remove all data, including confidential and personal data, from Your Device before delivering the Device to Company. In doing so, You should factory reset Your Device according to manufacturer instructions. It is Your sole responsibility to back up any files or data from Your Device that You wish to retain prior to performing a factory data reset and before sending or delivering Your Device to Company. In addition, ensure that You remove all accessories, chargers, covers, cases, locks, SIM cards and memory cards before sending or delivering the Device to Company.

Data Erasure Disclaimer.

Company's standard practice is to wipe and remove all data from Devices received; however, Company makes NO guarantee that all data will be successfully erased or removed. By sending Your Device to Company, You acknowledge and agree that: (a) Company is NOT responsible for any personal data, files, photos, accounts, or information remaining on the Device after transfer to Company or any subsequent third party; (b) Company is NOT responsible for any loss of data, files, photos, accounts, or information resulting from the transfer, processing, or resale of the Device; (c) it is Your sole responsibility to remove all personal data and accounts from the Device prior to shipping; and (d) You release Company from any and all claims, demands, damages, actions, and causes of action related to data stored on, recovered from, or lost from the Device.

Shipping Your Device.

Company will provide shipping instructions; however, You are solely responsible for the costs of shipping. You are solely responsible for ensuring Your Device is not damaged during shipping to Company. Company shall not be responsible for Devices lost or damaged during shipping. If Your Device is damaged in transit, You may receive less than the agreed-upon purchase price, or nothing, for Your Device. You must ship Your Device to Company within three (3) business days of the date You accept a purchase offer for that Device from Company. Devices shipped more than three (3) business days after the date You accept a purchase offer for that Device may result in You receiving less than the Purchase Price, or nothing, for Your Device. Devices received after the price lock period will receive the current market price at the time of receipt, not the originally locked price. Company reserves the right to decline any Device shipped more than fourteen (14) days after a purchase offer is accepted.

Title and Ownership.

You represent and warrant that You are the sole and lawful owner of any Device offered for sale to Company and that You have full right, title, and interest in the Device. You represent and warrant that the Device is free and clear of ALL liens, encumbrances, security interests, financing agreements, equipment installment plans, and any other third-party claims or interests. You represent and warrant that the Device is not stolen, lost, or subject to any claim by any third party, including any wireless carrier, retailer, law enforcement agency, or other entity. By shipping the Device to Company, You agree to transfer title and ownership of the Device to Company. Title to the Device passes to Company upon Company's acceptance and payment for the Device. You disclaim any and all right, title or interest in and to the Device, including the right to sell, dispose, or otherwise collect, where applicable, its value. You should ship only the Device to Company. The purchase price is offered on the Device only, and not any Device accessory, case, or other item. You agree to indemnify, defend, and hold Company harmless from and against any and all third-party claims, demands, damages, losses, costs, and expenses (including reasonable attorney's fees) arising from or related to any breach of Your ownership warranties, any third-party claim of ownership or interest in the Device, or any lien, encumbrance, or financing obligation associated with the Device. If a title issue, ownership dispute, or third-party claim is discovered after Company has processed payment for the Device, You shall refund the full payment amount to Company within ten (10) calendar days of Company's written notice.

Condition of Device.

You expressly agree if Company purchases a Device from You, Company reserves the right, in its sole discretion, to reduce its offer to reflect any differences in condition, description, or specifications.

Damaged Battery.

You may not include a damaged battery when shipping Your Device. If Your Device exhibits a damaged battery (for example, is leaking fluid, is too hot to touch or the Device case is swollen), You must remove the damaged battery and dispose of it properly before shipping the Device to Company. Failure to strictly comply with these conditions may result in You receiving less than the agreed-upon purchase price, or nothing, for Your Device.

Remaining Payment.

If You bought Your Device under an equipment installment plan or other financing plan or if You entered into a service contract with Your wireless service provider, You will be responsible for any and all remaining payments under such plan or contract, including any contract termination fees. Company assumes no such liabilities.

Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF DATA, LOSS OF INCOME, LOSS OF PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER, REGARDLESS OF THE LEGAL THEORY UPON WHICH ANY CLAIM IS BASED, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND SUPPLIERS, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR ANY SERVICE, EXCEED THE GREATER OF (I) THE AMOUNT PAID BY COMPANY TO YOU FOR THE DEVICE GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED DOLLARS ($100.00).

Miscellaneous Additional Terms.

You acknowledge and agree:

• You must be at least 18 years old to utilize any Service;
• Notices shall be deemed effective upon electronic delivery to the email address You provided;
• Company reserves the right to decline or cancel Your use of its Services with or without advance notice if Company believes that Your participation in Services is enabling a fraudulent or illegal purpose;
• By utilizing any Service, You understand and agree that it may be necessary for Company, its affiliates and agents, to collect, process, transmit, maintain, share, and use certain Customer Information to perform the Service.

Waiver of Construction Against Drafter.

Each of the parties to this Agreement acknowledges that this Agreement has been negotiated at arm's length between Persons knowledgeable in the matters contemplated herein, and each party participated in its drafting. Accordingly, any rule of law, statute, legal decision or common law principle that would require the interpretation of any ambiguities in this Agreement against the drafter thereof is of no application and is expressly waived. The provisions of this Agreement shall be interpreted in a reasonable manner to effectuate the intentions of the parties hereto.

No Waivers.

No failure or delay by Company in exercising any right, power, or privilege pursuant to this Agreement shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Confidentiality.

Each party agrees, in the performance of this Agreement, to keep the information furnished by the other party or acquired or developed by the other party in the performance of this Agreement, in the strictest confidence. Each party also agrees not to publish or otherwise divulge such information, in whole or in part, in any manner or form, nor to authorize or permit others to do so, and shall take reasonable measures to restrict access to such information while in such party's possession, to those employees or third-parties needing such information to perform the work described in this Agreement, i.e., on a "need to know" basis. Each party agrees to immediately notify the other party in writing in the event that such party determines or has reason to suspect a breach of this requirement has occurred. Upon termination or expiration of this Agreement or upon request of the disclosing party of confidential information, the receiving party shall return to the disclosing party all confidential information of such disclosing party, all documents and media containing such confidential information and any and all copies or extracts thereof; provided, that the receiving party may retain one copy of any such tangible embodiments for archival purposes. Upon written request by the disclosing party, the receiving party shall promptly cease, and shall cause its recipients to cease, use of such confidential information as well as any information or materials that contain, incorporate, or are derived from such confidential information.

Indemnification.

Each party agrees to release, indemnify, defend and hold the other party harmless from and against any and all Actions by a third party to the extent that such Action results from any: (a) breach of warranty or covenant by the indemnifying party contained within this Agreement; (b) breach of the Agreement or applicable law by such indemnifying party; (c) negligence or willful misconduct of the indemnifying party, its subcontractors, employees or other agents in the performance of the Agreement; and/or (d) breach of a contractual or fiduciary obligation owed by it to a third party.

Governing Law.

The laws of Arizona govern all matters arising under or relating to this Agreement, including torts.

Jurisdiction and Venue.

The jurisdiction and venue are exclusive to courts in Maricopa County.

Amendments.

All amendments to this Agreement and its Exhibits must be agreed to in writing by both parties.

Merger.

This Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter hereof, superseding and merging all prior and contemporaneous discussions, proposals, agreements (oral or written), and all other communications between the parties relating to this Agreement.

Counterparts.

This Agreement may be executed in more than one counterpart with the same effect as if all executing parties had executed the same document. Each such counterpart shall be deemed an original, and such counterparts, taken together, shall constitute one and the same agreement.

Successors and Assigns.

This Agreement shall be binding upon and shall inure to the benefits of the parties hereto and their respective successors and permitted assigns. Neither party may assign its rights or obligations hereunder without the prior written consent of the other party.

Severability.

If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and other provisions remain in force.

Arbitration.

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Arizona or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in contract law and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.

Attorney Fees.

If either party brings Action to enforce its rights under this Agreement, the prevailing party will be entitled to recover its expenses (including reasonable attorney's fees) incurred in connection with the action and any appeal.

Force Majeure.

If a force majeure event occurs and is continuing, the affected party is excused from the performance to the extent prevented from performing.

SMS Communications and Opt-Out Policy

By providing your mobile number to Rick's iStock, you consent to receive transactional and promotional SMS messages related to our services, including order updates, promotional offers, and account notifications.

Opting Out:

You may opt out of receiving SMS messages at any time by replying with the word STOP to any message you receive from us. Upon receiving your opt-out request, we will send you a confirmation message to acknowledge your unsubscription.

Please note that after this confirmation, you will no longer receive SMS messages from us. If you wish to resubscribe in the future, you can do so by replying with the word START or by signing up again through our website.

For assistance or more information, reply with HELP or contact our support team at support@ricksistock.com.

Standard message and data rates may apply.