Terms of Services

Effective Date: July 7, 2013

The following Terms of Service/Terms and Conditions shall apply to the relationship between www.GadgetATM.com, all parent companies and subsidiaries of GadgetATM.com and the end user (“user” or “you”). Participation or by setting up an account constitutes user’s full and unconditional agreement to be bound by these Terms and Conditions and GadgetATM.com decisions, which are final and binding in all matters related to the operation of this site and each individual auction. GadgetATM.com reserves the right to change these Terms and Conditions at any time at its sole discretion. Any amended terms will be automatically effective immediately after they are posted. You should review these Terms and Conditions for changes each time you visit GadgetATM.com.

GadgetATM.com ("GadgetATM.com") offers services (the "GadgetATM.com Services") through which you can sell certain consumer electronic products (the "Products") after receiving an "offer" from GadgetATM.com by identifying your Product and completing check-out on the GadgetATM.com Websites. You must agree to abide by the following terms in order to use the GadgetATM.com Services and/or the GadgetATM.com Websites.

Commentary and other materials posted on the GadgetATM.com Websites are not intended to amount to advice on which reliance should be placed. GadgetATM.com disclaims to the fullest extent permitted by law all liability and responsibility arising from any reliance placed on such materials by any visitors to the GadgetATM.com Websites or by anyone who may be informed of any of its contents. You agree that all agreements, notices, disclosures and other communications that GadgetATM.com provides to you electronically satisfy any legal requirement that such communications be made in writing.

GadgetATM.com reserves the right to terminate or suspend your use of the GadgetATM.com Websites and/or the GadgetATM.com Services if you do not comply with this Agreement or any other GadgetATM.com policy or procedure, or for any other reason we determine, in our sole discretion.

1. In order to complete the sale of your Product to or through GadgetATM.com or to complete any other transaction with GadgetATM.com, you must:(i) Create an account with us (ii) Provide true, up to date and accurate account information about yourself and any Product you submit to us;(iii) Comply with all terms and conditions of this Agreement;
(iv) Comply with all applicable laws and regulations, including all import and export laws as described below;
(v) Transact on behalf of yourself and not on behalf of others; and
(vi) Have the legal capacity to enter into agreements and to convey title and interest in any Product that you submit to us.
In order to receive payments for any Products we purchase from you, you must provide us with information including a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, and your first and last name. GadgetATM.com shall not be responsible for communication errors should your contact information be in accurate or incomplete. You are responsible for ensuring that you can receive emails from GadgetATM.com and GadgetATM.com is not responsible for any emails that were not received by you because they were blocked or filtered as spam. You understand and agree that if you fail to provide us with accurate and up to date information about yourself: (a) we will not be responsible for any misapplied payments or payments sent to a wrong address, and (b) any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws. You agree that we have no obligation to you if any of your unclaimed funds are turned over to governmental authorities. If you choose to create an account on GadgetATM.com, you are responsible for maintaining the confidentiality of your account and password and for further restricting access to your computer and/or any computers storing such information, and you agree to accept responsibility for all activities that occur under your account and/or password. Your account created during registration is non-transferable. GadgetATM.com Services and Products are offered exclusively to private users and not to entities engaged in any form of commerce. You affirm that you are not part of or representative of such prohibited entities. PARTICIPATION IS VOID BY USERS WHO RESIDE OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

2. GadgetATM.com determines, in its sole discretion, which Products are eligible for purchase by or through the GadgetATM.com Services and for which eligible Products GadgetATM.com will provide an offer. GadgetATM.com may terminate the eligibility of certain Products at any time and without advanced notice, but such termination will not affect any Products for which you have already accepted an offer, which is good for thirty (30) days pursuant to the terms below.

3. GadgetATM.com uses four (4) basic Product conditions to grade Products, ranging from "NEW" or “No Noticeable Flaws” to "Broken” or “Functional or physical problems." Conditions can vary widely between categories and types of Products. Broadly, GadgetATM.com's Product definitions are as follows: NEW condition means item has to have NO scratches or flaws and has original box with all the accessories. Flawless or No Noticeable flaws: the item looks like it has never been used and is 100% functional. GOOD and FAIR condition – normal wear and tear, Product(s) must work 100% and be in fair to good condition, which means no major damage to the housing such as cracks or deep scratches, the item has visible signs of use, but is otherwise 100% functional. POOR - glass cracked BUT 100% working. BROKEN or Functional or physical problems: the item does not turn on, one or more Product functions is non-operative or the item has serious physical damage that inhibits use (e.g. broken or cracked screen or missing parts). The above definitions are broad guidelines. More specific condition definitions specific to the category and/ or type of Product may be included on the GadgetATM.com Website offer screen and serve as the effective condition definition for that product. Condition definitions are subject to change at GadgetATM.com's discretion. If you are uncertain about your Product’s condition, please seek guidance by contacting GadgetATM.com’s customer care.

4. All offers will be based on GadgetATM.com's own determination of the Product value in reliance on the accuracy of the information you supply us. GadgetATM.com will use its discretion to determine the Product value, weighing factors that may include the Product's model, functionality and condition and whether necessary Product accessories have been provided by you. Upon receiving an offer, you have the option of accepting or rejecting that offer. Acceptance indicates you are willing to provide your Product to GadgetATM.com at the offered price. If you do not accept GadgetATM.com’s offer, the specific transaction expires. If after rejecting the offer you change your mind and want to accept the offer, you will need to open another transaction with us at which point, assuming the Product is still eligible for purchase, the new offer may be different as Product prices are subject to change.

5. You must have all right, title, and interest in any and all Products you seek to sell to GadgetATM.com and all Products must be able to be activated for new service (unless the Product is incapable of being activated because it is in “Broken” condition). The Products and the sale and shipment of such items to GadgetATM.com: (a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws as described below, (b) may not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), and (c) 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 GadgetATM.com Services, you agree to indemnify GadgetATM.com from all claims or losses sustained by GadgetATM.com as a result of any breach of these representations and warranties. It is your responsibility to discontinue phone, Internet and/or any similar service on your Product prior to selling it to GadgetATM.com. GadgetATM.com is not responsible for any service charges related to your Product, whether you incur such charges before, during or after your use of the Services. It is also your responsibility to remove any security codes that would prevent use of any Product.

6. When packaging your Product, be sure to include all materials included in your description when we calculated your offer. This may include software, accessories, adapters, and manuals. Failure to include any items you told us about when the offer 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 revised offer.

7. For Products involving devices that store files and/or personal data on hard drives, memory chips or the like, you must back up and store any data you wish to keep from your Product and remove any personal information before you send your Product to us. GadgetATM.com’s standard practice is to remove all such data from your Product; however, GadgetATM.com makes no guarantee that it will do so. By sending GadgetATM.com your Product, you agree to 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 GadgetATM.com, or for such data's security, integrity, confidentiality, disclosure or use. GadgetATM.com is not responsible for: (a) any loss suffered by you due to any data that is not erased from the device and transferred to a third party, or (b) any loss of data after you submitted your Product to us.

8. Your Product must be received by GadgetATM.com within thirty (30) days after you accept the original offer provided by GadgetATM.com and complete the check- out process on the GadgetATM.com Website (the "Product Delivery Period") or the offer shall automatically expire. Packing and shipping recommendations provided to you by GadgetATM.com should be followed in order to avoid possible damage to or loss of the Product in transit. GadgetATM.com will inspect all Products that are received. GadgetATM.com has the option to accept or reject the Product, including without limitation, to reject any Product not conforming to the description you provided to us, any Product modified in such a way that it no longer conforms to the original factory specifications, any Product no longer complying with applicable laws or regulations (e.g., FCC rules, etc.) and/or any Product damaged or lost in transit. If GadgetATM.com rejects the Product for any of these reasons, the original offer automatically expires and is rescinded. GadgetATM.com 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 GadgetATM.com after the Product Delivery Period, and/or (c) GadgetATM.com receives Product(s) that are different from those identified when your offer was calculated.

9. In the event GadgetATM.com recalculates the offer it provided 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 normal course and in accordance with these service terms. If you reject the new offer, GadgetATM.com will return the Product to you at the address from which it was originally sent and you shall be responsible to pay any and all shipping costs. GadgetATM.com will give you a period of five (5) days after GadgetATM.com presents you with a recalculated offer via email at the address you provided to accept or reject the new offer (the "New Purchase Period"). GadgetATM.com will also remind you of the outstanding new offer one or more times during the New Purchase Period. However, if the new offer is neither affirmatively accepted nor rejected by you during the New Purchase 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.

10. Once you send GadgetATM.com your Product, GadgetATM.com cannot and does not guarantee that it will be able to honor any request for return of the Product and/or any data or information contained in such Product. Of course, if GadgetATM.com rejects the Product or you do not accept any new offer for the Product pursuant to the terms herein ("Return of Product"), your Product will be returned to you as set forth herein.

11. You remain responsible for the risk-of-loss for the Products until delivery of the same to GadgetATM.com. You are responsible for any damages that may occur to your Product while in transit. GadgetATM.com is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event GadgetATM.com 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 GadgetATM.com delivers the package to the carrier for return to you and you will bear the risk-of-loss while the Product is in transit.

12. Title to the applicable Product passes to GadgetATM.com upon GadgetATM.com’s acceptance of the Product for the original offer or the new offer, as applicable. If there is a Return of Product, title shall not pass and shall remain with you.

13. Any offer by GadgetATM.com for your Product is non- transferable and not redeemable for any other consideration other than what is offered by GadgetATM.com. The GadgetATM.com Websites and/or any portion thereof may not be reproduced, copied, duplicated, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of GadgetATM.com. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information including images, text, page layout or form of GadgetATM.com without express written consent. You may not use any meta tags or any other “hidden” content utilizing GadgetATM.com’s name or trademark without the express written consent of GadgetATM.com.

14. You agree to comply fully with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly transfer your Product without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances in order to convey your Product to GadgetATM.com, including without limitation, valuation, classification and duties applicable with the import of any goods. Please note: U.S. trade sanctions administered by the Office of Foreign Assets Control (OFAC) generally prohibit the importation into the United States (including U.S. territories), either directly or indirectly, of most goods, technology, or services (except information and informational materials) from, or which originated from Cuba, Iran, Iraq, Libya, North Korea, Serbia, or Sudan; from foreign persons designated by the Secretary of State as having promoted the proliferation of weapons of mass destruction; named Foreign Terrorist Organizations; designated terrorists and narcotics traffickers. You may not offer or provide to GadgetATM.com for sale, any Products that would violate the provisions of this Section.

15. From time to time, and at GadgetATM.com's sole discretion, GadgetATM.com may offer promotional programs as an incentive to customers. Promotions applicable to payments are applied as an increment to the final value of a customer's Product, but they are not considered a change in that final value. Promotional programs have explicitly defined terms, including but not limited to, expiration, usage per person and per transaction, and other limitations and restrictions. Unless otherwise stated, promotions must be applied by you before checkout. For the avoidance of doubt, once checkout is completed, promotions cannot be applied to the same transaction. GadgetATM.com reserves the right, in its sole discretion, to cancel or refuse promotions.

16. GadgetATM.com makes every effort to ensure the accuracy of all information you receive in relation to your Product. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. As such, GadgetATM.com reserves the right, at any time prior to payment, to:(a) Correct an error. (b) Change the offer. In the event the Product has already been sent to GadgetATM.com, the changed offer will become a New Offer subject to the processes set forth herein. Otherwise, the changed offer will be a re-issued original offer, which you may accept or reject. (c) Void a transaction. If the Product was already sent to GadgetATM.com, GadgetATM.com will be deemed to have rejected the Product resulting in a Return Circumstance subject to terms herein.

17. We view protection of users' privacy as a very important community principle. Please review our Privacy Policy which terms are incorporated herein, which describes our practices regarding protection and handling of your personal information.

18. You agree to transact with us electronically, including without limitation, agreeing to terms and conditions or offering to sell your Product by electronic means. You authorize GadgetATM.com to provide you with terms and important notices about GadgetATM.com and your transactions to an email address you provide to us or by posting notices on an applicable page (or my account area) on www.GadgetATM.com.com. It is your duty to keep your email address accurate and up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the GadgetATM.com Websites.

19. You are responsible for obtaining at your own expense all equipment and services needed to access and use the GadgetATM.com Websites and the GadgetATM.com Services, including all devices, Internet browsers and Internet access. If you access the GadgetATM.com Website and the GadgetATM.com Services through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.

20. GadgetATM.com Website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. Despite conducting careful checks, GadgetATM.com assumes no liability for the content of external links. The operators of the sites linked to and from this website are solely responsible for their contents. GadgetATM.com hereby expressly distances itself from all content of any and all websites linked to the GadgetATM.com Website. GadgetATM.com cannot take any responsibility for the content of the data protection guidelines of third-party websites.

21. By using GadgetATM.com Websites, you agree not to (i) access any of the Services by any means or engage in any other activity that interferes with or disrupts the Services or performance of the GadgetATM.com Websites.

22. WE PROVIDE THE GadgetATM.COM SERVICES AND WEBSITES "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH GadgetATM.COM WILL MEET YOUR REQUIREMENTS.

23. IN NO EVENT SHALL GadgetATM.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO YOUR TRANSACTIONS WITH GadgetATM.COM UNDER THIS AGREEMENT. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.

24. You agree to indemnify, defend, and hold harmless GadgetATM.com, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation or breach of any terms under this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

25. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The captions are used only as a matter of convenience and are not to be considered a part of this agreement or be used in determining the intent of the parties to it. No waiver by GadgetATM.com of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

26. The GadgetATM.com Website and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. GadgetATM.com therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. GadgetATM.com does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.

27. By visiting GadgetATM.com, you agree that the laws of the state of Florida without regard to principles of conflict of laws will govern these Terms and Conditions and any dispute of any sort that might arise between you and GadgetATM.com. In the unlikely event that GadgetATM.com 's customer service department is unable to resolve a complaint you may have to your satisfaction (or if GadgetATM.com has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. You agree that, by entering into this Agreement, you and GadgetATM.com are each waiving the right to a trial by jury or to participate in a class action. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide. Unless GadgetATM.com and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, GadgetATM.com will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the terms herein. If, however, the arbitrator finds that either the substance of your claim or the relief sought in your demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees shall be your obligation to pay. In such case, you agree to reimburse GadgetATM.com for all monies previously disbursed by it that are otherwise your obligation to pay under the terms herein.

28. By submitting any GadgetATM.com contact form, you understand that you may be contacted by a GadgetATM.com representative or a representative from the partner we've chosen. You may be contacted via telephone, email, text, or prerecorded message regarding GadgetATM.com programs, offers, events, announcements, and offers from GadgetATM.com's advertising partners. We value your privacy, and your information will only be used by GadgetATM.com or an authorized partner. By providing us your phone number, you grant GadgetATM.com permission for the use of text messages, prerecorded voice or and/or automatic telephone dialing systems to contact you and/or deliver GadgetATM.com related information, offers or announcements.

29. You also agree that GadgetATM.com may attempt to contact you via any telephone number you provide, even if it is a mobile telephone number which may result in charges to you. You can opt out from GadgetATM.com email messaging at any time.