THIS IS A LEGAL AGREEMENT BETWEEN YOU AND POWERON SERVICES, INC. (“SERVICE PROVIDER”) STATING THE TERMS THAT GOVERN YOUR USE OF THIS SERVICE PROVIDER PROGRAM. THESE TERMS AND CONDITIONS-TOGETHER WITH ALL UPDATES AND ADDITIONAL TERMS-COLLECTIVELY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND SERVICE PROVIDER. TO AGREE TO THESE TERMS, CLICK “AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU; CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND SERVICE PROVIDER MAY REFUSE ACCESS TO THE SERVICE PROVIDER SERVICE FOR NON-COMPLIANCE WITH ANY PART OF THIS AGREEMENT.
YOU ACKNOWLEDGE AND AGREE THAT THE RESPONSIBLE REUSE AND RECYCLE SERVICE IS BETWEEN YOU AND SERVICE PROVIDER ONLY, AND APPLE IS NOT LIABLE FOR AND DOES NOT WARRANT SUCH SERVICE.
Agreement: By participating in this program, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS and all disclaimers and terms and conditions that appear elsewhere on this web site. It is your responsibility, prior to participating in this responsible recycle and re-use program, to read these Terms and Conditions carefully to understand your rights and obligations. If you are dissatisfied with this program, its content, or these Terms and Conditions, you agree that your sole and exclusive remedy is to discontinue using the program.
Customer Eligibility: To participate in this program, you must: (a) be at least 18 years old; (b) ship products from the United States only; and (c) have a physical address located in the United States. Products shipped from outside the United States will not be accepted or returned. You represent and warrant that you have the legal right to provide all items you submit for this program and that the items are not counterfeit or stolen. You must have the right, title, and interest in any and all products you seek to provide to Service Provider. Such products, or the sale and shipment of such products, must not violate any applicable laws, statutes, ordinances, or regulations including export laws. You are responsible for complying with any and all such laws. Any products you seek to provide through the site using Service Provider's services: (1) shall not infringe any third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights); (2) shall not be counterfeit, stolen, or fraudulent. You represent and warrant that the products are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due. By using the Service Provider service, you agree to indemnify Service Provider from all claims or losses sustained by Service Provider as a result of any breach of this warranty.
Products: Service Provider reserves the right, in its discretion, to choose whether to offer value for your product. All quotes are based on Service Provider's own determination of the product value with the information you provide. Service Provider will use its discretion to determine the product value, weighing several factors that may include but are not limited to the product's model and condition. Upon receiving a quote, you have the option to sell your product to Service Provider. If Service Provider determines the product has no value; you have the option to ship your product(s) to an Apple contracted recycler to ensure the product is recycled responsibly.
Removing Data: Service Provider does remove data from your product, (however makes no guarantee in this regard). You must back up your data and then erase it from your product before shipping. By sending Service Provider your product, you agree to, upon its acceptance by Service Provider, release us from any claim as to the product, the data stored in such product, or any information on any media used in conjunction with the product and which you send to Service Provider, or for such data's security, integrity, confidentiality, disclosure or use. Service Provider is not responsible for any loss suffered by you due to any data that is not erased from the product.
Shipping: Service Provider provides shipping materials for all accepted quotes with value and is not responsible for damages that may occur during shipping should you choose not to utilize the provided materials or follow packaging instructions. When packaging your product, be sure to include all materials you told us about when we calculated your quote as well as any other materials that came with your product or that you may have purchased specifically for it. This may include software, accessories, adapters and manuals. Failure to include any items you told us about when the quote was calculated, or sending us a product which does not match your original description, may impact the final value of your product and may result in a recalculated quote. Items that are materially damaged or that do not match the items on the trade-in quote are not eligible for return to you, and may be recycled by Service Provider. All other items not accepted by Service Provider will be returned to you approximately 14 days after receipt. On occasion, technical or transportation problems may delay or prevent delivery of your product or payment. Your exclusive and sole remedy will be a refund of the price quoted to you by Service Provider for such Product, as determined by Service Provider.
Inspection: All products are inspected upon receipt by Service Provider. Service Provider has the option to accept or deny the product. There may be instances when Service Provider recalculates the original quote for the product. If the product is as described, with all materials described, and sent to Service Provider in a timely manner (within fourteen (14) days of you receiving the shipping materials), Service Provider will honor all quotes made for your products and you will be paid within seven to ten (7-10) days from the date of receipt at the designated Service Provider warehouse. Packing and shipping recommendations must be followed in order to avoid possible damage or loss, which may also affect the quote. In the event Service Provider recalculates the quote you shall have the option of accepting or rejecting the new quote. If you choose to accept the new quote, you will be paid within three to five (3-5) days from the date of your acceptance. Service Provider will give you five (5) days, from the day Service Provider recalculates the quote, to accept or reject the new quote. If you do not indicate acceptance or rejection of the new quote within the five (5) days, Service Provider will assume your acceptance of the new quote, and you will be paid within two to three (2-3) days. If you choose to reject the new quote, Service Provider will return the product to you at the address from which it was originally sent.
All Decisions Are Final. Title of the product passes to Service Provider upon: (i) shipment for a product with no quoted value; or (ii) upon Service Provider's confirmation to you of payment pending after Service Provider's physical inspection and your acceptance of a recalculated quote (if any). If Service Provider does not accept the product, for whatever reason, title shall not pass and shall remain with you. All decisions of acceptance or rejection of your quote are final. This offer is non-transferable, non-refundable, not redeemable for any other consideration other than what is quoted by Service Provider. Quotes offered by Service Provider are subject to, and may, change without notice; Service Provider will terminate quotes on certain products at any time and without advanced notice.
Other Terms and Conditions. Service Provider reserves the right to change these terms and conditions at any time.
All transactions on the Service Provider.com web site are governed by California law, without giving effect to its conflict of law provisions. If any of the terms in these Terms and Conditions are not valid or legally enforceable, the other terms will not be affected.
Service Provider reserves the right to takes steps Service Provider believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions (including but not limited to Service Provider's right to cooperate with any legal process relating to your use of the service and/or the products provided, and/or a third party claim that your product is unlawful and/or infringes such third party's rights). You agree that Service Provider has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Service Provider believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions.
SERVICE PROVIDER WARRANTS THAT IT WILL PROVIDE THE SERVICE WITH REASONABLE CARE AND SKILL AND SUBSTANTIALLY IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. EXCEPT AS PROVIDED HEREIN, THERE ARE NO OTHER WARRANTIES, CONDITIONS OR PROMISES ABOUT THE SERVICE, EXPRESSED OR IMPLIED, AND ALL SUCH WARRANTIES, CONDITIONS AND PROMISES ARE EXCLUDED TO THE FULL EXTENT PERMITTED BY LAW.
SERVICE PROVIDER WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, BUSINESS OR PROFITS, OR FOR ANY LOSS OR CORRUPTION OF DATA IN CONNECTION WITH YOUR USE OF THE SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT THE RESPONSIBLE RECYCLE AND REUSE SERVICE IS BETWEEN YOU AND SERVICE PROVIDER ONLY, AND APPLE IS NOT LIABLE FOR AND DOES NOT WARRANT SUCH SERVICE.