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Cash For Gadgets Service Terms
We at CashForGadgets (“Company”, “we” or “us”) welcome you to the CashForGadgets.com website (“Website” or “CashForGadgets”). The Website provides a service by which you (the “User”) offer to sell your used electronics (hereinafter collectively referred to as “the Services”).
In order to use the Services, you must agree to CashForGadgets’ terms and conditions (“Agreement”) before you may access and / or use the Website and / or Services.
Please read the Agreement carefully. By accessing and using the Website, you represent and warrant that you are more than thirteen (13) years of age and that, if you are under eighteen (18) years of age, your parent or legal guardian who is at least eighteen (18) years of age has agreed to be bound with you by this Agreement. Otherwise, you represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority and capacity to agree to this Agreement and to abide by all of its terms and conditions.
Username and Password:
You will be asked during the registration process to provide a unique username and password. We reserve the right to refuse to grant you any username, in our sole discretion, if the username that you choose is invalid. Invalid usernames include, but are not limited to, usernames that are vulgar or offensive; usernames that attempt to impersonate another individual or company; or usernames which violate trademark law, which may cause confusion or which violate any other proprietary rights of any company or individual. You agree that you are solely responsible for any and all activities that are conducted using your account. Please keep your username and password confidential. You agree that you will not transfer, resell or allow any other third party to use your username and password to access the Website. If you have reason to believe that your username and / or password have become compromised, you agree to immediately notify CashForGadgets of such event by emailing CashForGadgets at support@CashForGadgets.com. For security reasons, CashForGadgets will not release username or password information for any reason, other than to the applicable user, except as may be specifically required by law or court order.
Right to Refuse Service:
The Services are not available to temporarily or indefinitely suspended Users. We reserve the right, in our sole discretion, to terminate unconfirmed or inactive accounts. CashForGadgets also reserves the right to refuse use of the Website or Service to anyone, for any reason, at any time, at our sole discretion. You agree to use the Services and Website in a manner that conforms to any and all applicable international, federal, state and local laws and regulations.
How Our Service Works:
You visit the site and search for the item / or items that you intend to sell. Next, you fill out the item form which asks questions about the item and its condition. Upon receipt of that information, the Site will display a price quote indicating the amount of money that we will pay for the item you have described in the item form. The price quote is valid for thirty (30) calendar days from the date that the price quote is issued.
Accuracy of Information:
We make all efforts to ensure that the information presented on the Site or in other communications including, but not limited to, price quotes is accurate. In the event of any typographical errors, technical inaccuracies, pricing errors or omissions, we reserve the right to correct the error. If we correct an error that will have a material effect on our price quote to you, you will have two (2) options: (1) to continue with the transaction based on the corrected information; or (2) to cancel your transaction, in which case we will promptly return your item to you.
Accepting the Offer:
If you choose to accept the offer to buy at that quoted price from CashForGadgets, you then create an account and complete the checkout process. The Site will then send you an email containing a prepaid United States Postal Service (“USPS”) shipping label. Please make sure that your email system is set to receive emails from CashForGadgets.com.
Shipping the Item:
Once you have received the label, you pack the item carefully in either your own shipping carton or use a box that we send you. We prepay the shipping costs when you use our prepaid label. However, if you wish to fully insure your package, insurance must be purchased by you at your sole expense.
Risk of Loss/Passing of Title:
You assume all risk of loss or damage in transit until the item is received by us at our processing center. Title to the item does not pass to CashForGadgets until the item is received and inspected at our processing center. If you choose to use any other shipping service or carrier, you must do so at your own expense. CashForGadgets is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event CashForGadgets returns your product to you for any reason. For the avoidance of doubt, in such event, risk of loss will be transferred to you once CashForGadgets delivers the package to the carrier for return to you and you will bear the risk-of-loss while the Product is in transit.
Inspection of the Item:
Your Product must be received by CashForGadgets within thirty (30) days after you accept the original quote and checkout your item. Once we receive the item, our team inspects it to make sure it arrives in the condition stated in your item form. We then notify you that we have received your item and that it has been inspected. If it arrives in the condition stated, you will receive an email confirming this and we will issue payment in the amount of the price quote (by check or Paypal®). If the item does not arrive in the condition stated in your item form, we will inform you of this via email. CashForGadgets reserves the right to revoke the original offer and provide a revised offer for the Product if: (a) the Product and/or materials are not as described, (b) the Product is received by CashForGadgets after the 30 Day Period, and/or (c) CashForGadgets receives Product(s) that are different from those identified when your offer was calculated. The item must include all the materials necessary to successfully test the device (i.e., battery, chargers, adapters, accessories, software, etc.). Failure to include these pieces of your item will lower your quote and lead to recalculation.
Releasing Rights to Product:
Once you send CashForGadgets your Product, CashForGadgets cannot and does not guarantee that it will be able to honor any request of the Product and/or any data or information contained in such Product.
In the event CashForGadgets issues a revised offer for the Product after it has been received and inspected, as described above, you shall have the option of accepting or rejecting the new offer. If you accept the new offer, you will be paid in a normal timeframe and in accordance with these service terms. If you reject the new offer, CashForGadgets will return the Product to you at the address from which it was originally sent. CashForGadgets will give you a period of five (5) days after CashForGadgets presents you with a revised offer via email at the address you provided to accept or reject the new offer (the "New Offer Period"). If the new offer is neither affirmatively accepted nor rejected by you during the New Offer Period, the new offer will be deemed to have been accepted by you and you will be paid the new offer price in the normal course and in accordance with these service terms. For the avoidance of doubt, your acceptance of the original offer and/or any new offer is final and you may not change your mind later about accepting such offer. We cannot and will not return items after the New Offer Period has expired without an affirmative acceptance or rejection of the revised offer. Furthermore, for the avoidance of any and all doubt, CashForGadgets will treat an unanswered revised offer the same as an accepted revised offer and will proceed with payment at the revised price.
Risk of Loss (detail):
You remain responsible for the risk-of-loss of any and all Products until delivery of the same to CashForGadgets. You are responsible for any damages that may occur to your Product while in transit. CashForGadgets is responsible for the risk-of-loss when it opens the packaging containing your Product and ceases in the event CashForGadgets returns your Product to you for any reason. For avoidance of doubt, in such event, risk-of-loss will be transferred to you once CashForGadgets delivers the package to the carrier for return to you and you will bear the risk-of-loss in transit. All items which are returned and show a delivery confirmation via the carrier's tracking # are considered final and you bear the risk-of-loss for items which are taken from your property. Returned items will not be shipped with signature confirmation or with insurance.
Passing of Title (detail):
Title of the Products passes to CashForGadgets upon CashForGadgets's receipt and acceptance of the Product for the original quote or the revised offer, as applicable. If there is any Return Circumstance, title shall not pass to CashForGadgets and remain with you.
Our Rating System for Item Condition Upon Receipt:
CashForGadgets uses four (4) Product conditions to grade Products, ranging from “Flawless” to “Poor”. Conditions can widely vary, but broadly CashForGadget’s Product definitions are as follows: Poor – The item does not turn on or function properly or has significant physical damage, including cracks, broken displays, missing parts, broken components (bad Wifi, broken mute button, broken charger port etc) or personalization etc. A bad ESN and/or water damage is also considered poor condition. Average – The item functions as it should but there is evidence of heavy use, such as deep scratches and dents. Very Good – The item functions as it should but there is evidence of light wear, such as minor scratches or scuffs. Flawless – The item has no imperfections or flaws and appears like it was just taken out of the box new. This means ZERO scratches and NO dust under the screen; ie no visible imperfections.
Cell Phone (Detail):
For all cell phones, please make sure that your device is free and clear of any issues before sending it in. CashForGadgets cannot and will not be held responsible for any activation issues. This means:
Certain items are prohibited. By using the Service, you represent that the items are not items that are prohibited. You agree to indemnify the Covered Parties (as defined herein) from any liability resulting from your submission to us of prohibited items. Additionally, Prohibited Items will not be returned to the user. Prohibited items include, but are not necessarily limited to:
- For GSM phones ( AT&T, T-Mobile, Unlocked etc), please remove your SIM card and factory reset your device prior to sending it in
- For CDMA phones (Verizon, Sprint, etc), please make sure your bill is paid in full with no outstanding balance, the device has not been reported lost or stolen and it is ready to be activated by a new user. You can call up your carrier prior to sending your device in and double check to ensure the ESN is clear for activation.
- Illegal, counterfeit or stolen items;
- Items that infringe on any third party’s intellectual property (copyright, trademark, trade secret, patent) or publicity or privacy rights;
- Items that violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Items to which you do not own the right, title and interest to the item or to which you are not an authorized representative of the owner;
- Items that contain materials or substances that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore are subject to a recall or items which otherwise fail to comply with any rules and regulations set forth by the CPSC; or
- Items that are obscene or contain child pornography.
We work very hard to maintain the highest standards of data security. We will make our best efforts to remove personal data from the devices we receive, but we cannot provide any guarantee. It is highly recommended that you remove any and all data from your item before sending the item to us. By sending your items to us, you agree to release us from any potential claim or liability as to the items and as to the data stored on the items. We are not responsible for any loss suffered by you as a result of data that is not erased from your device and is obtained by a third party. Additionally, we will not send any SIM cards back to you and they will be shredded and destroyed upon receipt by CashForGadgets.
Limited, Non-Exclusive License:
You are granted a non-exclusive, non-transferable, limited license to access and use the Services and Website in accordance with the Agreement (“License”). This License may be revoked at any time at the sole discretion of CashForGadgets. The License permits you to access and use the Services and Website for your own personal use. No part of the Website and / or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. The License specifically prohibits you from copying, emulating, renting, leasing, decompiling, transferring, disassembling, cloning, attempting to discover the source code for or reverse engineering the Website, Services or any portion thereof. In addition, your license specifically prohibits you from using any software, device or routine to interfere with the normal or proper working order of the Website or Services. You may not engage in any action which creates an unreasonably large load on CashForGadgets’s infrastructure. Unauthorized access to the Website and / or Services breaches this Agreement and is a violation of applicable law.
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 CashForGadgets, 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. Any content displayed on the Website is protected by copyright law and international treaties as an original work, a compilation and a collective work. Any reproduction, modification, creation of derivative works from or distribution of the Website or the collective work and / or copying or in any way reproducing the Website or any portion thereof to any fixed medium for reproduction or redistribution is prohibited without the express written consent of CashForGadgets. Without limiting any of the specific rights or prohibitions herein, you agree not to reproduce, duplicate, copy, sell or exploit for any commercial purpose the Services or Website or any aspect or portion thereof. Similarly, 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.
California Residents Release:
If you are a California resident, you agree to specifically waive California Civil Code Section 1542, which states that, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
The Website and / or Services may provide hyperlinks, banner advertisements, pop-ups and / or other online methods to redirect you to other third party Internet websites and / or resources. Because CashForGadgets has no control over such websites and / or resources, you hereby acknowledge and agree that CashForGadgets is not responsible for the availability of such third party websites and / or resources. Furthermore, CashForGadgets does not endorse, and is not responsible or liable for, any content, advertising, services, products and / or other materials at or available through such third party websites or resources, or for any damages and / or losses incurred through such websites or other resources.
CashForGadgets respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright/trademark infringement, or your intellectual property rights have been otherwise violated, please provide CashForGadgets's intellectual property agent with the following information:
CashForGadgets's agent for notice of claims of intellectual property right infringement can be reached as follows:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed or, in the case of multiple copyrighted works, a representative list of such works or of the trademark that is being allegedly infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CashForGadgets to locate the material.
- Information reasonably sufficient to permit CashForGadgets to contact you, such as an address, telephone number and, if available, an e-mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property’s owner, its agent or under applicable laws. ]
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
By email: privacy@CashForGadgets.com
We do not claim to own any of the intellectual property of any of the items on our Site. 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.
You agree to indemnify, defend and hold CashForGadgets, its parents, subsidiaries and affiliates, and each of their respective officers, executives, employees, owners, and authorized agents (“Covered Parties”), harmless from any and all loss, liability, claims and / or demands (including reasonable attorneys' fees, costs and settlement amounts) made by any third party due to, or arising out of, your use of the Website, the Services and / or arising from your breach of this Agreement. WARRANTIES/LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT ACCESS AND / OR USE OF THE WEBSITE AND / OR SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND / OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. CASHFORGADGETS AND THE COVERED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND / OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CASHFORGADGETS AND THE COVERED PARTIES ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN CASHFORGADGETS AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CASHFORGADGETS THROUGH THE WEBSITE AND / OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. CASHFORGADGETS IS NOT RESPONSIBLE TO YOU AND / OR ANY THIRD PARTY, WITHOUT LIMITATION, FOR: 1) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF, USER AND / OR MEMBER COMMUNICATIONS; 2) ANY POTENTIALLY OFFENSIVE, INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR PROVIDED IN CONNECTION WITH THE SERVICES, WHETHER CAUSED BY CASHFORGADGETS, USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH, OR UTILIZED IN, THE SERVICES; 3) ANY COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS; OR 4) ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH THE WEBSITE AND / OR SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND SERVICES
Dispute Resolution/Governing Law:
This Agreement shall be treated as though it were executed and performed in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Severability: Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with, the Website or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. CashForGadgets's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Force Majeure: We are not responsible for any loss, damages, costs, claims or expenses which you may incur as a result of our delay in or failure to perform our obligations where such delay or failure is due to causes beyond our control. Causes beyond our control include, but are not limited to: fire, flood, earthquake, accident, civil disturbances, war, rationing or embargoes, strikes, labor problems, delays in transportation, inability to secure necessary materials, delay or failure of performance of any supplier or subcontractor, acts of God and acts of Government.
Any attempt by any individual, whether a user or otherwise, to damage, destroy, tamper with, vandalize and / or otherwise interfere with the operation of the Website and / or Services, is a violation of criminal and civil law and CashForGadgets will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
This Agreement is subject to change at any time, with or without notice. All changes are effective upon their posting on the Website. You agree that it is your responsibility to bookmark this page and to check it frequently for updates to your Agreement with us. If you object to any of the terms and conditions in the Agreement, if you become dissatisfied with the Services or any subsequent modifications to the Agreement, your sole recourse is to immediately discontinue the use of the Services.
Last Updated: May 14, 2013