THE TRADE-IN PROGRAM ("PROGRAM") IS A SERVICE PROVIDED BY POWERON SERVICES, INC. ("SERVICE PROVIDER"). THIS IS A LEGAL AGREEMENT BETWEEN YOU AND 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 AND CONDITIONS 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.
Agreement. By participating in the Program, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS and all disclaimers. It is your responsibility, prior to participating in the Program, to read these Terms and Conditions carefully to understand your rights and obligations. If you are dissatisfied with the 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 the Program, you must: (a) be at least 18 years old; (b) ship products from the United States only; and (c) have a physical address or P.O. box 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 Program, 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 description 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 a contracted recycler to ensure the product is recycled responsibly.
Data Destruction. PowerON shall sanitize data bearing devices using reuse-potential software that meets or exceeds current NIST Special Publication 800-88 recommendations. Data bearing devices that do not pass sanitization or do not have reuse potential shall be destroyed via crushing.
Once received at Service Provider's facility, Service Provider will fully and permanently destroy all Customer and use-related data each Product shipped to Service Provider under this Agreement, such that all Device Data are completely and permanently removed from the Product and destroyed ("Data Destruction"). The Data Destruction service will be performed in a timely, professional manner with the highest standards of care, skill, and diligence used by persons who are skilled, trained and experienced with respect to such services and in compliance with this Agreement, without limiting the foregoing, Service Provider shall meet or exceed current NIST Special Publication 800-88 recommendations.
By using this Program, you assume the risk of data loss during Product transit to Service Provider's facility. 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 the Service Provider 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.
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, has not been modified from the original manufacturer's specification, 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 facility. 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 will 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. If you refuse, reject or do not accept the delivery attempt of your returned product, Service Provider will consider the product abandoned property and all rights, title, and interest of the product transfers to the Service Provider.
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.
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 for any working quoted product following Service Provider's physical inspection. 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.
Product Handling. You understand, agree, and permit the Service Provider to recycle, shred, destroy, repair, resell, donate, and otherwise handle the product in any manger it deems fit. The product includes the equipment you trade in and any other product you ship with it, which includes, but is not limited to, computer systems and accessories, mobile devices and accessories, storage devices, electronics, peripherals, and other consumer electronics.
Reporting. Service Provider collects Program Data and may share it with Service Provider. "Program Data" includes but limited to name, phone number, email, physical address, trade-in history, device history, and other data that is associated with the trade-in program.
Other Terms and Conditions
Service Provider reserves the right to change these terms and conditions at any time.
All transactions on the poweron.com web site are governed by the laws of the state of California, without giving effect to its conflict of law provisions. Each party (i) consents to the exclusive jurisdiction and venue of the federal and state courts located in County of Placer, State of California in any action arising out of or relating to this agreement; (ii) waives any objection it might have to jurisdiction or venue of such forums or that the forum is inconvenient; and (iii) agrees not to bring any such action in any other jurisdiction of venue to which either party might be entitled by domicile or otherwise.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
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 ANY DATA DURING PRODUCT SHIPPING TO SERVICE PROVIDER'S FACILITY.
SERVICE PROVIDER WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, BUSINESS OR PROFITS, OR FOR ANY LOSS OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES IN CONNECTION WITH YOUR USE OF THE SERVICE. IN NO EVENT WILL SERVICE PROVIDER'S LIABILITY UNDER IN ASSOCIATION WITH THE PROGRAM EXCEED THE VALUE OF THE PRODUCTS SUBMITTED BY YOU IN THE PRIOR TWELVE (12) MONTHS.
YOU ACKNOWLEDGE AND AGREE THAT THE RESPONSIBLE RECYCLE AND REUSE SERVICE IS BETWEEN YOU AND SERVICE PROVIDER ONLY.