TERMS OF USE

Last updated November 28, 2020

PLEASE READ THESE TERMS OF USE CAREFULLY.  DO NOT ACCESS OR USE ANY PART OF THE SITE (DEFINED HEREIN) OR THE SERVICE (DEFINED HEREIN) UNTIL YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE.

AGREEMENT TO TERMS

These “Terms of Use” (or “TOU”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and GadgetGone LLC, doing business as GadgetGone (“GadgetGone“, “we”, “us”, or “our”), concerning your access to and use of the https://gadgetgone.com website as well as our service by which you can sell your “item” (or “items”) to us by receiving & accepting an “offer” for your items and their appropriate “specifications” and subsequently checking out to receive a copy of your “offer details” and then shipping your items with the intent of receiving a payment from GadgetGone or its authorized representative (collectively referred to herein as the “Service”). This TOU also constitutes a legally binding agreement made between you and GadgetGone concerning its matching specifications as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site and/or otherwise using the Service, and/or by clicking “accept” during the offer process, you have read, understood, and agreed to be bound by all of these Terms of Use.  IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time in our sole discretion (supplemental terms and conditions, documents, or changes or modifications to these TOU are collectively referred to herein as “Updates”). We will update the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such Update. It is your responsibility to periodically review these Terms of Use to stay informed of Updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, Updates and any other changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.  By using or accessing the Site or the Service, or by clicking “accept” as part of the offer process, you hereby represent and warrant that you are at least 18 years old.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all righty, title, interest, and intellectual property rights in and to the source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission, to be granted or withheld in our sole discretion.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Service, the Content, and the Marks.

Without limiting the generality of the foregoing, all right, title, interest, and proprietary and intellectual property rights in all servers and server-based technology related to the Site or the Service, including, without limitation, protocols, parameters, designs, specifications, user identification algorithms, development tools, source code, routines, subroutines, applications, software, templates, and other materials and technology underlying such algorithms, the Site, and the Service are owned by us.

You agree that you will not, at any time, (i) do anything that may adversely affect the validity or enforceability of any proprietary, intellectual property, or other right belonging to or licensed to us (including any act, or assistance to any act, that may infringe or lead to the infringement of any proprietary, intellectual property, or other right in the Site or the Service), or (ii) exercise, or attempt to exercise, any proprietary, intellectual property, or other right in the Site or Service, other than as expressly set forth herein and in any other written agreement that may be entered into between you and us.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such information as and when it changes; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you at least 18 years of age and are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

If you register as a user of the Site and / or Service and, you will select or be assigned a username and password that is unique to you. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under or in connection with your username and password, whether or not authorized by you. By accessing the Site and / or the Service, you represent and warrant that: (i) you are the customer who registered for the Site and / or Services; (ii) that you are using the services and the Content only for permitted purposes; (iii) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (iv) you will ensure that you exit from your account at the end of each session. Please promptly notify us at customer service of any potential unauthorized use(s) of your account, or breach of security.

PROHIBITED ACTIVITIES; RESTRICTIONS

You may not access or use the Site or Service for any purpose other than that for which we make the Site or Service available. The Site or Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us in writing and in our sole and absolute discretion.

As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us, to be granted or withheld in our sole and absolute discretion.

2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords or bank account information.

3. Circumvent, disable, reverse engineer, decompile, or otherwise interfere with security-related features of the Site or Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site, Service, and/or the Content contained therein.

4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site or Service.

5. Use any information obtained from the Site in order to harass, abuse, or harm another person or entity.

6. Make improper use of our support services or submit false reports of abuse or misconduct.

7. Use the Site in a manner inconsistent with any applicable laws or regulations.

8. Engage in unauthorized framing of or linking to the Site.

9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, destructive code, worms, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site or Service.

10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

11. Delete the copyright or other intellectual property or proprietary rights notice from any portion of the Site, the Service, or the Content.

12. Attempt to impersonate another user or person or use the username or password of another user.

13. Sell or otherwise transfer your profile, account, or password.

14. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

15. Interfere with, disrupt, or create an undue burden on the Site, Service, or the networks or services connected to the Site or Service.

16. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site or Service to you.

17. Attempt to bypass any measures of the Site or Service designed to prevent or restrict access to the Site, or any portion of the Site.

18. Copy or adapt the Site’s or Service’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

19. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up any part of the Site or Service.

20. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site or Service, or using or launching any unauthorized script or other software.

21. Use a buying agent or purchasing agent to make purchases on the Site or through the Service.

22. Make any unauthorized use of the Site or Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

23. Use the Site or Service as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

For purposes of clarity, no user may utilize any automated computer program or activity to search, index, test, download, or grab information from the Site or Service (including but not limited to web robots, spiders, and crawlers). We reserve the right to block or otherwise prevent the unauthorized use of such programs or activities.

You specifically agree and understand that no rights of dissemination by any third party and no rights to sub-license to any third party are being granted to you under this TOU.

Except for the limited license specifically provided herein, this TOU shall not transfer to you any right to, or interest in, the Site, Service, Content, or Marks or in any data included in the Content, or in any copyright, trademark, or other intellectual property pertaining thereto. You acknowledge that you have no claim to ownership of any or all of the Site, the Service, the Content, or the Marks simply by reason of your use of or access to the Site or the Service.

USER GENERATED CONTRIBUTIONS

We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content or other materials to us or on the Site or in the Service, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and / or Service and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy (https://www.gadgetgone.com/privacy-policy/). When you create or make available any Contributions, you thereby represent and warrant that:

1.  The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the intellectual property, proprietary, or any other rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

2.  You are the author, creator, and / or owner of or have the necessary licenses, rights, consents, releases, and / or permissions to use and to authorize us, the Site, and other users of the Site or Service to use your Contributions in any manner contemplated by the Site and these Terms of Use.

3.  You have sufficient written consent(s), release(s), and/or permission(s) of each and every identifiable individual person or entity in your Contributions to use the name or likeness of each and every such identifiable individual person or entity to enable inclusion and use of your Contributions in any manner contemplated by the Site, Service, and / or these Terms of Use.

4.  Your Contributions are not false, inaccurate, fraudulent, or misleading.

5.  Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6.  Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, pornographic, or otherwise objectionable (as determined by us in our sole and absolute discretion).

7.  Your Contributions do not libel, defame, ridicule, mock, disparage, intimidate, or abuse anyone.

8.  Your Contributions do not constitute hate speech and are not used to harass or threaten (as those terms are legally defined and or reasonably understood) any other person and to promote violence against a specific person or class of people.

9.  Your Contributions do not violate any applicable law, regulation, ordinance, statue, or rule.

10.  Your Contributions do not violate the privacy or publicity rights of any third party.

11.  Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 (or any age) or exploits people under the age of 18 (or any age) in a sexual or violent manner.

12.  Your Contributions do not violate any applicable law concerning child pornography, or any applicable law otherwise intended to protect the health or well-being of children and minors.

13.  Your Contributions do not include any offensive comments that are connected to race, ethnicity, national origin, gender, self-identification, sexual preference, or physical, emotional, or cognitive handicap.

14.  Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law, regulation, ordinance, statue, or rule.

Any use of the Site or Service in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site or Service.

CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site or Service, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site or in the Service. You are solely responsible for your Contributions to the Site and Service and you expressly agree to indemnify, defend, and hold us harmless from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

Notwithstanding anything to the contrary contained in this TOU, you hereby grant to us a perpetual, fully paid-up, non-exclusive, worldwide right and license to use suggestions, comments, feedback, and Contributions in connection with the Site and the Service.

  

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or Service (“Submissions”) provided by you to us are non-confidential and shall become our sole and exclusive property. We shall own all right, title, and interest, including all intellectual property and proprietary rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby represent and warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree to indemnify, defend, and hold us harmless for any claims, actions, demands, or damages arising out of any alleged or actual infringement or misappropriation of any intellectual property or proprietary right in your Submissions.

THIRD-PARTY WEBSITE AND CONTENT

The Site and Service may contain (or you may be sent via the Site or Service) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). We do not control, endorse or adopt any Third-Party Content or Third-Party Websites and make no representations or warranties of any kind regarding such items, including without limitation, regarding its accuracy or completeness.  You acknowledge and agree that we are not responsible or liable in any manner for any Third-Party Content or Third-Party Websites and undertake no responsibility to update or review such content. You access and use such content at your own risk.

For purposes of clarity, such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for lawfulness, accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or Service or any Third-Party Content posted on, available through, or installed from the Site or Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should take precautions when downloading files or Third-Party Content from Third-Party Websites to protect your computer and mobile devices from viruses and other destructive programs.  You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website to which you navigate from the Site or Service or relating to any applications you use or install from the Site or Service. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall indemnify, defend, and hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall indemnify, defend, and hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

MOBILE SERVICES

Mobile Services. The Site and the Service may be accessible via a mobile phone, tablet or other wireless device (collectively, “Mobile Services”). Your mobile carrier’s normal messaging, data and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Site, Service, and the related Mobile Services must be in accordance with the terms, conditions, provisions, and restrictions of this TOU.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site and the Service for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions, Submissions, or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site or Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Service.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://www.gadgetgone.com/privacy-policy/. By using the Site and / or Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.  By using the Site and/or Service you consent to receiving certain electronic communications from us as further described and set forth in the Privacy Policy.  By using the Site and / or Service, you consent to the collection, use and disclosure of your personally identifiable information in accordance with our Privacy Policy.  Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices.  You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.  Please be advised the Site and Service are hosted in the United States. If you access the Site or Service from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site and / or Service, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

TERM AND TERMINATION

As between you and us, this TOU is effective, and its term commences upon the earlier to occur of: i) your first use of the Site or Service, or ii) your acceptance of an offer, and continues until the termination of this TOU by either you or us.

For purposes of clarity, these Terms of Use shall remain in full force and effect while you use the Site and / or Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND / OR SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR SERVICE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT NOTICE, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

You may terminate this TOU by sending written notification to us at support@gadgetgone.com , and terminating all other uses of the Site and Service.  RYDDM reserves the right, in its sole discretion, to restrict, suspend or terminate this TOU and your access to all or any part of the Site and / or Service at any time without prior notice or liability if you breach any provision of this TOU or violate the rights of any third party.  We may further terminate this TOU immediately for any other reason with or without notice to you, using the email address associated with your account credentials.  We reserve the right to change, suspend or discontinue all or any part of the Site or Service at any time without prior notice or liability.  For purposes of clarity, the limited licenses in this TOU will be automatically terminated if you fail to comply with any of the terms, conditions, provisions or restrictions contained in this TOU.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site or Service at any time or for any reason in our sole discretion without notice. However, we have no obligation to update any information on our Site or Service. We also reserve the right to modify or discontinue all or part of the Site or Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or Service.

We cannot guarantee the Site or Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site or Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Service during any downtime or discontinuance of the Site or Service. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or Service or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Seminole County, Florida, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

CORRECTIONS

There may be information on the Site or Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right, without obligation, to correct any errors, inaccuracies, or omissions and to change or update the information on the Site or Service at any time, without prior notice.

DISCLAIMER

THE SITE AND SERVICE ARE PROVIDED “WITH ALL FAULTS” ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, APPROPRIATENESS, TIMELINESS, OR RELIABILITY OF THE SITE’S OR SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE OR SERVICE OR THAT THE SITE, SERVICE, OR SUCH CONTENT WILL ACHIEVE A PARTICULAR RESULT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION, DELAY, OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, WORMS, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.   SUCH PRODUCTS AND SERVICES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

In no event shall OUR total AGGREGATE LIABILITY to you exceed the Lesser amount of ONE HUNDRED dollars ($100.00) OR THE PRICE YOU PAID FOR USE OF THE SITE AND / OR SERVICE. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE OR IMPLY A WARRANTY.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR REASONABLE CARE, FOR NEGLIGENCE, OTHER DAMAGES, OR ANY PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO FROM YOUR USE OF THE SITE OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, action, or demand, including reasonable attorneys’ and experts’ fees and expenses, made by any third party due to,  arising out of, or related to: (1) use of the Site or Service; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property or proprietary rights; or (5) any overt harmful act toward any other user of the Site or Service with whom you connected via the Site or Service. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site or Service for the purpose of managing the performance of the Site or Service, as well as data relating to your use of the Site or Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site or Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site or Service, sending us emails, and completing online forms constitute electronic communications.  As further described in the Privacy Policy, you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site or Service, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE OR SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or Service or in respect to the Site or Service constitute the entire agreement and understanding between you and us.

We may provide translations of this TOU as a convenience. However, this TOU was drafted in English and the parties agree that the English-language version of this Agreement governs in the event of any conflict or inconsistency between the English-language version and any translations thereof.  Any suppliers or vendors of ours shall be direct and intended third-party beneficiaries of this TOU, including without limitation the disclaimers of warranties and limitations on liability set forth herein.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.  These Terms of Use operate to the fullest extent permissible by law.  We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.  If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.  There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site or Service. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.  You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

In the event of any legal proceeding between the parties arising out of or related to this TOU, the prevailing party shall be entitled to recover, in addition to any other relief awarded or granted, its costs and expenses (including reasonable attorneys’ and expert witness’ fees) incurred in any such proceeding.

Selling Service Usage Requirements

  • You may not use our service on behalf of another person.
  • You certify that any information you provide us on the Site or through the Service is truthful, accurate, complete and current.
  • You must provide us with accurate contact information including (but not limited to) your name, street address, email address, & telephone number.
  • You must be at least 18 years of age and legally qualified to enter contractual obligations and transact on your behalf.
  • You certify that you are using the Site and / or Service in the United States and are a United States Citizen or permanent resident.
  • You must hold legal title to the items you wish to sell and subsequently attempt to sell to us.
  • You must abide by and agree to all other terms and conditions in this Terms of Use.

Communication

We may contact you via email, text message, phone call or physical mail using the contact information you have provided to us. You are responsible for monitoring & responding to any communication we provide you promptly and in a timely fashion. We will not be held responsible for any loss or damages that may occur, to you or any third party, arising out of or related to your failure to respond to our communication or to provide us with correct contact information. You are responsible for ensuring that all communication methods you provide to us are accurate and accessible. We will not be held responsible for any damages or losses arising out of or related to a lack of communication caused by your email client software or provider, or any third-party software or service blocking our correspondence or moving it to a spam/junk mail folder.

If you would like to contact us in connection with your use of the Site or Service, then please refer to the contact information in the CONTACT US section hereinbelow.

Timeframes

  • You have 14 days to ship your item(s) from the time you accept an offer on our website and are issued a shipping label. During this 14-day period your offer price is “locked” & not subject to any price changes (increases or decreases) advertised on the Site or in the Service. If you ship your item(s) after this 14-day period, your offer will be subject to the price at the time of evaluation (as opposed to the time at which you shipped your item(s)). Your ship date will be decided based solely on the manifest/acceptance scan provided by the shipping carrier. This 14-day price lock period is only applicable if your shipped item(s) exactly matches all of the specifications you selected in your offer details. If we determine your items differ from those specifications during our post-receipt evaluation, we reserve the right to offer a revised amount reflective of the corrected specifications.
  • In the event we determine, after evaluation, that your item(s) does not match the specifications you have selected in your offer details, we will send you an email regarding your revised offer amount. You have 6 days to respond to this correspondence by either accepting or rejecting the revised offer amount. Your response must be sent via email, directly to the email address and email thread that we used to contact you. Furthermore, you must respond by using the email address at which we initially emailed you. If you do not send a response within 6 days, you will be deemed to have agreed to sell your item to us at the revised offer amount. If your response does not contain a clear and direct acceptance or rejection of our revised offer amount, we reserve the right to rescind any revised offer or send additional revised offers at any point in the communication process.
  • GadgetGone shall use commercially reasonable efforts to evaluate all items within TWO (2) business days from the date we receive your item(s). Your item(s) will not be deemed received at our office until ONE (1) business day after the carrier has updated the package status to “delivered”. While rare, we sometimes fall short of our TWO (2) business day evaluation goal. You agree to allow us a maximum of SEVEN (7) business days after we have received your item(s) to perform an evaluation and notify you of our findings. If we exceed this timeframe you have the right to request that we ship your item(s) back to the address you provided us in your offer details; provided, however, that this right shall expire when we send you notice that we have completed our evaluation. If you do not request that we send back your item(s), it (they) will remain in queue for evaluation.
  • We will notify you if and when we have initiated your payment. The amount of time it takes to receive your payment will vary depending on the payment method you selected in your offer details. Typically, electronic payments such as PayPal and Amazon will be delivered the same business day. Mailed checks are sent via a USPS First Class Letter & typically take 2-5 business days to arrive at your address. If you have not received a mailed check after 7 business days, you may request a replacement.  These time frames may vary during state or federal states of emergency (e.g., during a pandemic).

Evaluation Process & Item Conditions

  • The evaluation process consists of a series of functional and physical tests & inspections on the item(s) you have sent us. After we have completed our evaluation, we then reference the results against the details you have selected in your offer details. If your offer details do not align with our evaluation, we will send you an email notifying you of the discrepancies and a revised offer amount. Designating the incorrect model, incorrect hardware specifications, or incorrect condition category are the most common reasons for receiving a revised offer amount. A revised offer amount can be either lower or higher than your initially quoted amount depending on our findings during the evaluation. For example, we may offer you more money if you sent a device with higher or more advanced specifications than what was listed in your offer details. We maintain full control over our proprietary evaluation process and reserve the right to revise any offer based on the outcome of our evaluation.
  • When receiving a quote on or through the Site or the Service you are required to select a “condition” category for most items. The condition category descriptions are broadly outlined for each product. To view these descriptions, you must select the circular “i” icon next to the condition field on product pages. While these condition descriptions are designed to be as clear and concise as possible, misunderstandings and disagreements on their interpretation do sometimes occur. Upon evaluation of an item, we reserve the right, in our reasonable discretion, to revise the condition category you have selected for any item to the one we feel is most appropriate.
  • We will generally only offer an amount lower than the advertised price if 1) your item shows extreme damage (e.g., if it was run over by a truck),2) is missing components (e.g., you or someone else removed them for whatever reason), or 3) if you send us your item(s) outside of the 14-day price lock period. We will determine the timing of any modified offer price in our sole discretion.
  • We will notify you if any of your items have been adjusted to a newly revised offer amount. You have the right to accept or deny this offer. If you accept the offer, we will send your payment at the agreed upon offer price. If you reject the offer, we will ship those item(s) back to you. If you sent multiple items to us, you may only reject the offer for, and request that we mail back the items that have been revised with a new offer amount. We will not send back items that maintain their originally offered value after evaluation. Any items with respect to which you reject a revised offer will be returned to you, and we will send payment for the remaining items.
  • You represent and warrant that any items sold to us will never be reported as lost or stolen by you or any third party. In the event an item you sold to us and received payment for is reported as lost or stolen, you agree to indemnify, defend, hold harmless, and reimburse GadgetGone in the exact amount we paid you for that item, plus any costs or expenses incurred by GadgetGone arising out of or related to the lost or stolen report.
  • You agree to format and reset your items to default factory settings (hard reset) and remove all information and data (whether personal or otherwise) from your items prior to shipping them to us. You agree to release GadgetGone from any liability, and waive any loss or damages incurred from unauthorized use of data which was not deleted from your items. Furthermore, you agree to release GadgetGone from any liability and waive any loss or damages caused, directly or indirectly, by the deleting of data on a shipped item.
  • You agree to cancel and terminate any active wireless network carrier service plans (voice, data, and otherwise) for any applicable items you send us. GadgetGone will not be held responsible for, and you shall indemnify, defend, and hold GadgetGone harmless from and against any charges, fees, loss, damages or data breach caused as a result of your failure to remove an active wireless network carrier service plan from your items.
  • You agree to disable any software or hardware based anti-tampering, anti-theft, anti-loss, and gps tracking and location mechanisms active on your item(s) prior to shipping to us.  By way of example, and without limitation, this clause shall be interpreted to include passwords, pattern locks, fingerprint locks, face id locks, iCloud locks, find my iPhone, find my mac, google cloud locks, and find my android.
  • You represent and warrant that your items have not been hacked or modified, including, by way of example and without limitation, jailbroken, mod-chipped, or rooted, as those terms are commonly understood in the industry.
  • GadgetGone reserves the right to terminate any outstanding offer or refuse payment for any item. In the event we refuse to pay you for an item, it will be returned to you. Typically, we will only exercise this right if your package appears damaged, empty, or suspicious; or if the item itself appears to be substantially out of conformance with how it was described.

Shipping & Returns

  • GadgetGone provides a free shipping label for every item with a corresponding valid offer. The shipping provider used for this complimentary label will be determined at GadgetGone’s sole discretion. You are not required to use the free shipping label we provide. You are welcome to ship your items to us using any shipping provider you would like, at your own cost and expense. If you elect to use your own shipping service and / or your own shipping label, please address it as follows:

GadgetGone
(Your Offer Number)
83 Geneva Dr #622679
Oviedo FL 32765-6777

  • You are solely responsible to ensure that your items are delivered to our address safely & securely. Our free shipping labels and corresponding shipping service do not feature any insurance, although you are welcome to purchase insurance yourself. GadgetGone does not accept liability for any loss or damages caused by the use of our complimentary shipping labels or any actions taken by the shipping provider or its agents. In addition, you bear the risk of loss in the event your package is lost in transit, misdelivered, delivered damaged, delivered without contents, or damaged in transit.
  • Notwithstanding anything to the contrary contained in this TOU, if you reject an offer, GadgetGone agrees to pay for any shipping related expenses required to return an item back to you except for in these circumstances:
  1. Your item has been reported as lost or stolen.
  2. Your item is activation locked or otherwise inaccessible to new users.
  3. Your item is significantly not as described. An example of this would be sending a completely different item or one that has obvious and significant defects relative to your offer details.

You must pay for the return shipping (if your item is eligible for return) in any of the above 3 circumstances. The shipping carrier used to return your items(s) will be selected at our discretion.

  • In the event an item is returned to you, you acknowledge and agree that GadgetGone is only responsible for returning items for which you received a quote. GadgetGone cannot guarantee that accessories or any other non-quoted items you sent us will be returned. This includes, by way of example only and without limitation, items such as (but not limited to) SIM cards, cases, chargers, screen protectors, original boxes, earbuds, etc. In addition, if your item is eligible for a free return, we agree to pay for postage and other shipping related charges for your quoted items ONLY. If we still have and are able to ship back non-essential accessories you must pay the difference in postage to receive those items back.

Payments, Prices and Ownership

  • If we purchase an item from you, we will facilitate your payment utilizing the payment method you requested via the offer details for that item. We are not responsible for any inaccurate or incomplete information related to payment details you have provided to us. We are also not responsible for your ability or inability to retrieve a payment that was sent to your designated address, account, email address, agent or other entity. A request to change your payment method or the means in which your payment is delivered is not guaranteed.
  • With respect to items you send us, title transfers to GadgetGone promptly after your payment is issued.
  • PayPal charges a fee (currently 2.9% of the transaction + .30) for accepting any payment received for the purchase of goods or services. If you select PayPal in your offer details you will be responsible for, and GadgetGone will not reimburse this fee.
  • We reserve the right to change our advertised offer values at any time and for any reason or no reason.
  • In the event of a pricing error on our behalf, GadgetGone maintains the right to rescind any outstanding offers that contain the erroneous price.
  • Any Price Match requests will be honored at our sole discretion.

CONTACT US

To resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

GadgetGone LLC
83 Geneva Dr #622679
Oviedo, FL 32765
United States
Phone: 4072890899
support@gadgetgone.com