Terms of Sale Agreement
ecoATM, LLC (doing business as Gazelle), and its parent, subsidiaries and affiliates ("Gazelle," "we," or "us") offers services (the "Gazelle Services") through which you can (i) sell certain consumer electronic products (the "Products") after receiving an "offer" from Gazelle by identifying your Product and its condition and completing check-out on the Gazelle Websites (each transaction, a "Trade-In") and (ii) buy Products (each sale, a "Purchase"). You must agree to abide by the following terms in order to use the Gazelle Services and/or the Gazelle Websites.
BY SETTING UP AN ACCOUNT, OR BY USING GAZELLE'S WEB SITES, YOU SIGNIFY THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, WHICH MAY BE AMENDED AT ANY TIME BY POSTING THE AMENDED TERMS ON THE GAZELLE WEBSITES. ANY AMENDED TERMS WILL BE AUTOMATICALLY EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED. Gazelle reserves the right to terminate or suspend your use of the Gazelle Websites and/or the Gazelle Services if you do not comply with this Agreement or any other Gazelle policy or procedure, or for any other reason we determine, in our sole discretion.
- About These Terms. These terms govern (i) any offer that you receive to sell your Product to or through Gazelle's Website and (ii) any Product you purchase from Gazelle's Website. These terms, the terms that govern your use of Gazelle's websites, including Gazelle.com and buy.gazelle.com ("Gazelle Websites"), the Gazelle Services and any and all applications included therein, which terms are located at www.gazelle.com/legal, and any supplemental terms or policies that accompany a specific transaction, feature or application, collectively, make up an agreement between you and Gazelle (the "Agreement"). You acknowledge that this Agreement is in electronic form and has the same force and effect as an agreement in writing. In this Agreement, the term "you" or "your" means an individual or entity exercising rights under this Agreement.
- Requirements for Trade-In and Purchase. In order to complete a Trade-In or Purchase or to complete any other transaction with Gazelle, you must: (i) Create an account with us (Trade-In transaction only); (ii) Provide true, up to date and accurate account information about yourself and any Product you submit to us or Purchase from 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 in Section 15 below; (v) Transact on behalf of yourself and not on behalf of others; and (vi) Be over eighteen (18) years of age and 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 in connection with a Trade-In, 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. In order to receive any Product you Purchase, you must provide us with information including first and last name, email address at which you receive email, phone number, billing address, and a valid postal address at which you are able to receive mail (if different from the billing address). On Gazelle's behalf, PayPal will process your payment for a Purchase and you are required to provide your applicable credit card number, expiration date and CVV code (unless you are paying for the Purchase using your PayPal account). Gazelle will not receive or store your credit card information.
Gazelle shall not be responsible for communication errors should your contact information be inaccurate or incomplete. You are responsible for ensuring that you can receive emails from Gazelle and Gazelle 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 Trade-In payments or Trade-In 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 in accordance with applicable law.
The following terms also apply to any Purchase transaction:
- Credit Card – Your credit card will be charged by Gazelle when your order is placed, unless you choose to pay with your PayPal account.
- Sales Tax – State Sales Tax will apply to all items shipped to Florida, Kentucky, Massachusetts, Washington or any other jurisdiction in which we are legally obligated to collect sales tax.
- Shipping - Shipping is not free. Gazelle provides fixed, leveled prices associated with ground, expedited, and next day shipping. Shipping is provided by either FedEx or UPS.
- Returns - Gazelle offers a 30-day domestic return policy which commences on the delivery date, as reported by the shipping carrier. In the event of a return, Gazelle will refund the full amount of the item(s) being returned. If free return shipping applies to a purchase, it is only valid within the 50 United States based on the original delivery address and is provided via FedEx. The cost of any return without an RMA and without using the supplied FedEx label is your responsibility.
- Consumables - Consumables such as batteries have a limited lifespan and may not function in a like-new manner. Please be aware that some devices require service, carrier service contracts and/or data plans in order for the Product to be fully functional. These services and plans are not included in the purchase price and are not provided by Gazelle unless and until separately offered and purchased.
- Product Pricing - Gazelle regularly adjusts prices based on a variety of factors, including market conditions and individual Product condition, and therefore does not price match other Product sellers and does not provide price adjustments once a payment is complete. Prices for the same or similar Products may vary between the Gazelle Websites and third-party marketplaces like eBay or Amazon.
- Product Availability – Products are not guaranteed to be available until the order for Purchase is accepted by Gazelle and confirmed on the applicable Gazelle Website. Notwithstanding the foregoing, Gazelle reserves the right to cancel any order for Purchase at any time prior to delivery of the Product for any reason.
- Maximum Product Quantity – Gazelle does not permit more than three (3) Product purchases per transaction. If you are interested in purchasing a greater quantity, please contact Customer Care.
- Partial Order Fulfillment – If an order can only be partially filled, all available Products will ship and Gazelle will reimburse the different to the original method of payment.
- Technical Support – Gazelle does not provide any technical or other support in connection with any Product offered for sale. You are responsible for all Product use and set up.
- Product Eligibility. Gazelle determines, in its sole discretion, which Products are eligible for purchase or sale by or through the Gazelle Services and Gazelle Websites and for which eligible Products Gazelle will provide an offer or sell. Gazelle 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, except as set forth in Section 9 below. Gazelle reserves the right to cancel any Purchase and refund any applicable purchase price actually received by Gazelle at any time prior to delivery of the Product to You.
- Condition Defined for Trade-In and Purchase. Gazelle uses three (3) basic Product conditions to grade Products for Trade-In, ranging from "Flawless" or "No Noticeable Flaws" to "Broken" or "Functional or physical problems." Conditions can vary widely between categories and types of Products. Broadly, Gazelle's Product definitions are as follows: Flawless or No Noticeable flaws: the item looks like it has never been used and is 100% functional. Good or Normal wear and tear: the item has visible signs of use, but is otherwise 100% functional. 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 Gazelle Website offer screen and serve as the effective condition definition for that product. Condition definitions are subject to change at Gazelle's discretion. If you are uncertain about your Product's condition, please seek guidance by contacting Gazelle's customer care.
Gazelle offers three (3) product conditions for purchase: (i) "Gazelle Certified Fair", which means all product features work (except for those requiring carrier service or data plans, which must be purchased separately if so desired) and the device may feature some wear and tear that does not affect the functionality of the phone; (ii) "Gazelle Certified Good", which means all Product features work (as noted above) and there may be light scuffs or nicks that do not affect the functionality of the phone; (iii) and "Gazelle Certified Excellent", which means the device is in like-new condition.
All products available for purchase are, where applicable, eligible for activation on the carrier network identified for that particular device. It is important to select your specific carrier when purchasing a Gazelle certified preowned device, as we can only guarantee it to work with the selected carrier. For example, we can only guarantee that a Gazelle certified AT&T device can be activated on AT&T; we cannot guarantee that it can be activated on any other carrier and we cannot guarantee that it can be unlocked.
We can also only guarantee that your Gazelle certified preowned device will work domestically within the United States. We cannot guarantee that it will work internationally.
- Product Valuation. All offers will be based on Gazelle's own determination of the Product value in reliance on the accuracy of the information you supply us. Gazelle 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 Gazelle at the offered price. If you do not accept Gazelle'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.
- Fitness for Sale; Phone and Internet Service. You must have all right, title, and interest in any and all Products you seek to sell to Gazelle 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 Gazelle: (a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws as described in Section 14 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 Gazelle Services, you agree to indemnify Gazelle from all claims or losses sustained by Gazelle as a result of any breach of your representations and warranties. It is your responsibility to discontinue phone, Internet and/or any similar service on your Product prior to selling it to Gazelle. Gazelle 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.
- Sending Gazelle Your Product for Trade-In or Return. When packaging your Product, be sure to include all materials included in your description when we calculated your offer for Trade-In, or, in the case of Purchase, include all materials provided by Gazelle in the package you received. For Trade-In, 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.
- Removing Data From Your Product. 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 from the Product before you send your Product to us for Trade-In. Likewise for Products you Purchase from Gazelle and returned to Gazelle in accordance with these Terms, you agree to remove any such data from the Product prior to returning the Product to Gazelle. Gazelle's standard practice is to remove all such data from the Product; however, Gazelle makes no guarantee that it will do so. By sending Gazelle the 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 Gazelle (whether in connection with a Trade-In or a Purchase), or for such data's security, integrity, confidentiality, disclosure or use. Gazelle 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 the Product to us.
- Product Inspection; Offer Recalculation. Your Trade-in Product must be received by Gazelle within thirty (30) days after you accept the original offer provided by Gazelle and complete the check- out process on the Gazelle Website (the "Delivery Period") or the offer shall automatically expire. Packing and shipping recommendations provided to you by Gazelle should be followed in order to avoid possible damage to or loss of the Product in transit. Gazelle will inspect all Products that are received. Gazelle 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 Gazelle rejects the Product for any of these reasons, the original offer automatically expires and is rescinded. Gazelle 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 Gazelle after the Delivery Period, and/or (c) Gazelle receives Product(s) that are different from those identified when your offer was calculated. As described above, Gazelle typically honors the offer price you receive for your Product on the Site for a period of thirty (30 days); sometimes for a longer period of time in connection with a temporary extended price-lock offer (each a "Price-Lock Offer"). Notwithstanding any Price-Lock Offer, Gazelle always reserves the right to recalculate the original offer price and provide a revised offer for the Product if, during the Price-Lock Offer period, the market price for your Product has declined by more than thirty percent. Gazelle shall determine the market price during such applicable period and whether there has been any such decline in its sole discretion. If you elect not to accept the recalculated offer price, your Product will be returned to you.
- Recalculated Product Offers after Inspection. In the event Gazelle recalculates the offer it provided for the Product after it has been received and inspected for Trade-In, 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, Gazelle will return the Product to you at the address from which it was originally sent. Gazelle will give you a period of five (5) days after Gazelle presents you with a recalculated offer via email at the address you provided to accept or reject the new offer (the "New Offer Period"). Gazelle will also remind you of the outstanding new offer one or more times during the New Offer Period. However, if the new offer is neither affirmatively accepted nor rejected by you during the New Offer Period, the new offer will be deemed to have been accepted by you and you will be paid the new offer price in the normal course and in accordance with these service terms. For the avoidance of doubt, your acceptance of the original offer and/or any new offer is final and you may not change your mind later about accepting such offer.
- Releasing Rights to Product. Once you send Gazelle your Product for Trade-In, Gazelle 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 Gazelle rejects the Product or you do not accept any new offer for the Product pursuant to Sections 9 and 10 ("Return Circumstances"), your Product will be returned to you as set forth in Sections 9 and 10.
- Risk-Of-Loss. You remain responsible for the risk-of-loss for the Products sent to Gazelle for Trade-In until delivery of the same to Gazelle. You are responsible for any damages that may occur to your Product while in transit. Gazelle is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event Gazelle 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 Gazelle delivers the package to the carrier for return to you and you will bear the risk-of-loss while the Product is in transit.
If you return a Product to Gazelle that you Purchased, you are responsible for the risk-of-loss for the Product until Gazelle receives the Product. You are responsible for any damages that may occur to the Product while in transit back to Gazelle.
- Passing of Title. Title to the applicable Product sent to Gazelle for Trade-In passes to Gazelle upon Gazelle's acceptance of the Product for the original offer or the new offer, as applicable. If there is a Return Circumstance, title shall not pass and shall remain with you.
- Non-Transferable. Any offer by Gazelle for your Product for Trade-In is non- transferable and not redeemable for any other consideration other than what is offered by Gazelle.
- Import and Export Laws. 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 any 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 any Product to Gazelle in connection with a Trade-In, 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 Gazelle for sale, any Products that would violate the provisions of this Section 15.
- Promotions. From time to time, and at Gazelle's sole discretion, Gazelle 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. Gazelle reserves the right, in its sole discretion, to cancel or refuse promotions.
- Accuracy of all Information. Gazelle 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, Gazelle reserves the right, at any time prior to payment, to:(a) Correct an error. (b) Change the offer or cancel the Purchase prior to your receipt of the Product. In the event the Product has already been sent to Gazelle for Trade-In, the changed offer will become a New Offer subject to the processes set forth in Section 9 and Section 10. 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 Gazelle, Gazelle will be deemed to have rejected the Product resulting in a Return Circumstance subject to Section 11.
- Electronic Notices and Transactions. 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 Gazelle to provide you with terms and important notices about Gazelle 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.gazelle.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 Gazelle Websites. You can retrieve and review this Agreement by clicking on the "Legal" link at www.gazelle.com.
- Access. You are responsible for obtaining at your own expense all equipment and services needed to access and use the Gazelle Websites and the Gazelle Services, including all devices, Internet browsers and Internet access. If you access the Gazelle Website and the Gazelle 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.
- Use of Services. By using Gazelle Websites, you agree not to (i) access any of the Services by any means (including, without limitation, by use of scripts, web crawlers or similar methods) other than through the user interface provided by Gazelle; and (ii) engage in any other activity that interferes with or disrupts the Services or performance of the Gazelle Websites.
- No Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE GAZELLE 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 GAZELLE WILL MEET YOUR REQUIREMENTS.
- Limited Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GAZELLE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE "GAZELLE PARTIES") BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL 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 GAZELLE UNDER THIS AGREEMENT REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF GAZELLE AND THE GAZELLE PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE GAZELLE SERVICES AND GAZELLE WEBSITES EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US OR (II) $100. THE LIMITATIONS SET FORTH IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, MALICIOUS OR RECKLESS MISCONDUCT, OR FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE GAZELLE SERVICES.
- Indemnity. You agree to indemnify, defend, and hold harmless Gazelle and the Gazelle Parties 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 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.
- Entire Agreement/No Waiver. 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 Gazelle of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Sections 6, 8, 11, 13, 15, 18, 19 and 22 through 28 shall survive termination of this Agreement.
- Correction of Errors and Inaccuracies. The Gazelle Websites and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. Gazelle therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Gazelle does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
- Modification. Gazelle reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the Gazelle Websites and/or the Gazelle Services. Your continued use of any Gazelle Website and/or Gazelle Services after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale to Gazelle, you reaffirm your acceptance of this Agreement as in effect at the time of such use. You are responsible for reviewing this Agreement each time you use the Gazelle Websites and/or the Gazelle Websites. The Agreement is and will be located at www.gazelle.com/service_terms. The last date this Agreement was revised is set forth below.
- Applicable Law and Venue. THIS AGREEMENT AND THE TERMS OF SALE AND TRANSFER OF TITLE OF YOUR PRODUCT ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH MASSACHUSETTS LAW AND TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. BY CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU AGREE THAT ANY ACTION AT LAW OR INEQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN SUFFOLK COUNTY, MASSACHUSETTS, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH LANGUAGE.
If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email firstname.lastname@example.org.
Last Updated: August 21, 2020
Website User Agreement
Welcome! You may use the website, services, content, technologies and applications of gazelle.com (the "Website") only on the condition that you abide by the following terms.
BY USING THE WEBSITE AND/OR BY REGISTERING TO OPEN AN ACCOUNT WITH US, YOU SIGNIFY YOUR AGREEMENT TO THE FOLLOWING TERMS ("SITE TERMS").
1. About The Site Terms
The Website is a service made available by ecoATM, LLC (doing business as Gazelle) and its parent, subsidiaries and affiliates ("Gazelle," "we" or "us"). The Site Terms have the same effect as an agreement in writing and govern your use of the Website. If you do not agree to the Site Terms, please do not use the Website. We may modify the Site Terms at any time. If you do not agree to the changes, you may discontinue using Gazelle before the changes take effect. Your continued use of Gazelle after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log into the Website, you reaffirm your acceptance of the Site Terms. You are responsible for regularly reviewing the Site Terms, by clicking on the "Legal" link at www.gazelle.com. The Site Terms may be supplemented by additional terms and conditions applicable to specific areas of this Website, or to particular content or transactions are posted in particular areas of the site, which, together with these Site Terms, govern your use of those areas, content, or transactions.
2. About the Website
The Website gives users the ability to sell, buy or donate certain electronic devices such as mobile phones (collectively, the "Product") subject to these Site Terms. You agree that all transactions will be performed electronically and that the terms of any offer to sell or donate any Product will be governed by Gazelle's Terms of Sale Agreement located at https://www.gazelle.com/service_terms. We may, in our sole discretion, change or discontinue any or all aspects of the Website at any time, without notice, and without liability to you.
Registration is not required to visit the Website; however, you will need to register with us and create an account if you desire to use all of the Website's services and features or to complete a transaction with us. If you register to open an account, you agree to provide accurate, complete registration information. You must be legally capable to enter into contracts. It is your responsibility to make any updates to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. We do not permit any other person using the registered sections under your name and you agree not to share your account credentials with others. If you believe there has been unauthorized use of your account, notify Gazelle immediately by emailing email@example.com.
The Website contains information, content or advertisements text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (collectively, the "Content") that are protected by copyrights, trademarks, service marks, trade dress, patents or other intellectual or proprietary rights owned by Gazelle or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. Further, Gazelle retains all rights (including intellectual property rights), title and interest in the Website, technology, and all underlying technology and data including any enhancements, software, applications and improvements related to the Website (the "Technology")(the terms Content and Technology collectively will be referred to as the "Materials"). You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.
5. Use of Website and Materials
Gazelle provides the Website and the Materials for your individual, non-commercial use and solely for the purpose of carrying out individual transactions with the Website. Any other use of the Website or the Materials is strictly prohibited. You may not, either directly or indirectly:
- Modify, republish, redistribute, delete, resell, sublicense, publicly perform, cache by proxy the Website or Materials without the express written permission of Gazelle or the applicable rights holder;
- Use the Materials for telemarketing, direct marketing, and commercial mass e-mail or by agents or representatives or e-mail spammers;
- Reverse engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan, sell, sublicense or transfer the underlying source code or structure or sequence of the Technology or delete or alter author attributes or copyright notices;
- Use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users;
- Reformat or frame any portion of the Website or Materials;
- Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
- Allow others to use the Website under or through your account login ID/email and password;
- Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- Violate the Site Terms, applicable law or the rights of others; or Disrupt or interfere with the security of, or otherwise cause harm to, the Website.
Any permitted use of the Website does not extend to using the Website or Materials for any illegal purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Materials.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
By using the Website, uploading content to or submitting any materials for use on the Website, you grant (or warrant that the owner of such rights has expressly granted Gazelle a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials and/or information generated through use of the Website or incorporate such materials and/or information generated through use of the Website into any form, medium, or technology now known or later developed throughout the universe. We need these rights to host and display your content.
7. Automated Activity
The Website may use robot exclusion methods, which include robots.txt files and HTML meta tags, that expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. Much of the information on the Website is updated on a real time basis and is proprietary or is licensed to Gazelle by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose, including but not limited to performing "offline" searches and mirroring, without our express written permission as indicated in the then current robots.txt file or HTML meta tags on the Website. Additionally, you agree that you will not bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Website.
You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give Gazelle notice of such link by sending an e-mail to firstname.lastname@example.org and (c) you discontinue providing links to this Website if requested by Gazelle. If you wish to provide links to a section within the Website, you should forward your request to Gazelle at email@example.com and Gazelle will notify you if, within its sole and unfettered discretion, permission is granted, and, if so, the terms and conditions of the permission.
You represent and warrant to us that (a) you are legally capable to enter into contracts, (b) you are providing us at all times true, accurate and up to date information about yourself, (c) you will comply at all times with the Site Terms and applicable law and (d) your use of the Website and any transactions that you make with us will not violate the rights of any third party. You further represent and warrant that the device you intend to sell is rightfully owned by you free and clear of all liens and/or encumbrances.
Gazelle makes every effort to ensure the information presented in, on or through its Website is accurate, however, because Gazelle communicates information provided and created by advertisers, software developers, publishers, marketing agents, resellers and other third parties, Gazelle has no control over the accuracy of such information, and makes no guarantee as to such information, and is not responsible for the information, including its accuracy, currency, content, quality, copyright compliance or legality, or any resulting loss or damage.
11. Warranty and Liability
Gazelle makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk.
THE WEBSITE AND MATERIALS ARE PROVIDED BY GAZELLE ON AN "AS IS" BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GAZELLE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. WE MAKE NO REPRESENTATIONS THAT THE WEBSITE OR MATERIALS WILL MEET YOUR REQUIREMENTS AND WE DO NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GAZELLE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE "GAZELLE PARTIES") BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL 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 THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GAZELLE AND THE GAZELLE PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, FAILURE OF THE INTERNET OR ANY VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF GAZELLE AND THE GAZELLE PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO THESE SITE TERMS OR YOUR USE OF THE WEBSITE EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US OR (II) $100. THE LIMITATIONS SET FORTH IN THESE SITE TERMS WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, MALICIOUS OR RECKLESS MISCONDUCT, OR FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE WEBSITE.
You agree to indemnify, defend, and hold harmless Gazelle and the Gazelle Parties 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 violation or breach of any representation or obligation under these Site Terms. 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.
14. Electronic Notices and Transactions
You agree to transact with us electronically. This means you agree to accept and terms and conditions and to transact any sale, donation or recycling of your Product with us by electronic means. You authorize us to send you important notices about the Website and any pending transactions to an email address you provide to us, if you are a registered account holder or, in the alternative, by posting a notice on the Website. It is your duty to keep your email address 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 Website. You can retrieve and review these Site Terms at any time by visiting https://www.gazelle.com/legal.
You are responsible for obtaining at your own expense all equipment and services needed to access and use the Website, including all devices, Internet browsers and Internet access. If you access the Website or a Website application 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.
16. Notice Regarding Technology
Our Technology, including any software or applications we provide to you, is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the software with only those rights set forth herein.
Your use of the Website must comply with all applicable laws in the territory in which you access and use the Website, including without limitation, all import and export control laws and regulations of the United States and other countries. You must not transfer, by electronic transmission or otherwise, any content, data, or software subject to restrictions under such laws to a national destination, person, or entity or for an end-use prohibited under those laws without first obtaining and complying with government authorization. You must not upload any data or software to the Website that cannot be exported without prior written government authorization and notification, including, but not limited to, certain types of encryption software.
Gazelle reserves the right to investigate complaints or reported violations of the Site Terms and to take any action Gazelle deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Gazelle reserves the right to seek all remedies available at law and in equity for violations of these Site Terms, including but not limited to the right to block access from a particular Internet address to any Gazelle website. These Site Terms incorporate by reference any agreements contained on the Website and constitutes the entire agreement with respect to access to and use of the Website. If any provision of these Site Terms is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. THESE SITE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, U.S.A., WITHOUT REGARD TO CONFLICT OF LAW RULES OR PRINCIPLES THAT WOULD CAUSE THE APPLICATION OF LAWS OF ANY OTHER JURISDICTION. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN SUFFOLK COUNTY, MASSACHUSETTS, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS. The obligations in Sections 5 through 8, 10 through 15, 17 and 18 shall survive termination of these Site Terms.
Last Updated: May 16, 2016