Flipswap Trade-In

TERMS & CONDITIONS ? FLIPSWAP TRADE-IN PROGRAM It is your responsibility to read this agreement carefully to understand your rights and obligations before you participate in the trade-in program offered by Flipswap. By participating in the Flipswap Trade-In Program you are accepting the terms & conditions outlined below. I agree to the following terms and conditions of the Flipswap Trade-in Program: 1. I am solely responsible for any personal or sensitive information stored in the ITEM. 2. I UNDERSTAND THAT FLIPSWAP IS NOT RESPONSIBLE FOR REMOVING INFORMATION FROM MY ITEM AND CANNOT GUARANTEE THAT ALL INFORMATION LEFT ON MY ITEM WILL BE DELETED. IT IS MY RESPONSIBILITY TO DELETE ALL PERSONAL/SENSITIVE INFORMATION FROM MY ITEM BEFORE I SUBMIT IT TO FLIPSWAP. 3. I am the sole and rightful owner of the item being traded-in through the Flipswap Trade-In Program ("ITEM"). 4. The ITEM is free from any liens or claims by any third parties. I am the rightful owner of the ITEM and I understand that if any ITEM that I trade in turns out to have been a lost or stolen ITEM that I will not receive any compensation for the ITEM. 5. The condition and specifications of the ITEM that I have provided to Flipswap are accurate. 6. I understand that the condition of the ITEM when it arrives at Flipswap's warehouse is solely my responsibility. 7. I agree and understand that the trade-in value assigned to the ITEM after its receipt and inspection by Flipswap is final and non-negotiable and that this value may be less than the estimated value I have been quoted and may even be zero. Under no circumstances will I have the right to have the ITEM returned to me even if I am not satisfied with the trade-in value or the trade-in value is zero. 8. I understand that if the ITEM does not have a valid, visible Electronic Serial Number (ESN) or International Mobile Equipment Identity (IMEI) number, the final trade-in value after its receipt and inspection by Flipswap may be reduced to zero. 9. I understand that if the ITEM has water damage or corrupt software it is considered 'Not Fully Functional'. 10. I understand and agree that all data stored on the ITEM may be deleted and will be unrecoverable. 11. I understand that it is my responsibility to discontinue service on any ITEM(s) I am trading in before sending the ITEM(s) to Flipswap. 12. I understand that Flipswap is not responsible for previous or subsequent airtime charges accrued prior, during, or after I trade in my ITEM(s). Should any airtime charges be accrued, it is my responsibility to resolve payment issues with my service provider. 13. I understand that any ITEM that works on the Sprint, Verizon, Nextel, Alltel, US Cellular, Cellular One, or Qwest network must be deactivated and have no remaining outstanding balance on the account. If an ITEM is not deactivated or has an outstanding balance, the final trade-in value after it is received and inspected by Flipswap may be reduced to zero. 14. I agree to transfer all right, title and interest in the ITEM to Flipswap upon their receipt and inspection of the item at their warehouse. 15. I agree to ship the ITEM to Flipswap within 30 days of the day I accept the trade-in credit offered. 16. I understand that Flipswap has not made any representation that the trade-in value assigned to the ITEM is equivalent to a fair market value. 17. I AGREE THAT FLIPSWAP AND ITS AFFILIATES AND PARTNERS WILL NOT HAVE ANY LIABILITY TO YOU IN EXCESS OF THE FINAL TRADE-IN VALUE ASSIGNED BY FLIPSWAP FOR THE ITEM. IN NO EVENT WILL FLIPSWAP OR ITS AFFIALIATES OR PARTNERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNATIVE, INCIDENTAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF THIS AGREEMENT. 18. To the fullest extent permitted by law, I agree to settle any dispute with respect to the trade-in program by arbitration governed by the Federal Arbitration Act in the city of Los Angeles, CA at the offices of the American Arbitration Association with each party paying one-half of the cost of the arbitration proceeding. I agree that by entering into this Agreement, I am waiving the right to a trial by jury and agree to only bring claims in my individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. 19. You acknowledge and agree that all personal identifiable information provided to Flipswap in connection with the trade-in program is governed by the privacy policy available at http://www.flipswap.com/consumer/privacy-policy/, which privacy policy may be updated from time to time.