TERMS AND CONDITIONS OF SERVICE


BY USING THIS WEBSITE AND/OR BY REGISTERING TO OPEN AN ACCOUNT ON THIS WEBSITE, YOU SIGNIFY THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS:


  1. ABOUT THE SITE TERMS


This Website is owned and operated by Phones 4 Cash LLC. (which is referred to herein as “Phones4Cash”) for the purposes of allowing customers to trade used electronic “Devices” for cash. As used herein, the term “Device(s)” refers to any cell phones and portable electronics a customer seeks to trade in by and through this Website. Phones4Cash retains the right to cancel, amend, or alter the terms of this program at any time and for any reason, with or without prior notice. The cancellation, amendment or alteration of the terms of this program will not affect the initial quote provided for a Device after that Device is shipped to Phones4Cash, so long as the Device is received by Phones4Cash within 30 days of the date of the initial quote.


The use of Phones4Cash’s services is strictly limited to users who can form a legally binding contract under applicable law. By using this website, you warrant and represent that you are at least 18 years of age and are legally capable of forming a binding contract in your state.


By using this Website and/or registering to open an account on this Website, you further acknowledge and agree that these Terms and Conditions govern your use of this Website and the products and/or services provided herein. Phones4Cash retains the right to terminate or suspend your use of this Website and the products and/or services provided herein for any reason it deems necessary, in its sole discretion, to protect itself and/or other users, including, without limitation, non-compliance with these Terms and Conditions and/or Phones4Cash’s policies and procedures.




  1. INITIAL QUOTE AND TRADE-IN REQUIREMENTS


2.1 GET A QUOTE. To obtain an initial quote for your Device, fill out the online quote application form by providing the model name or model number and selecting the condition of your Device. The automated system will generate an initial quote for your Devices if it is eligible for this program. You hereby acknowledge and agree that this initial quote may be subject to modification upon receipt and evaluation of your Devices by Phones4Cash, as set forth herein.


2.2 COMPLETELY FILL OUT OUR ONLINE QUOTE APPLICATION FORM during checkout with your correct address to issue payment to (or email if you desire to be paid via Paypal®). In order to receive payments for any Devices Phones4Cash purchases from you, you must provide Phones4Cash with valid contact 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. You understand and agree that if you fail to provide us with accurate and up to date information about yourself: (a) Phones4Cash will not be responsible for any misapplied payments or payments sent to a wrong address, (b) any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws; and (c) any claims arising out of or related to the non-receipt of any communications from Phones4Cash that may be called for under these Terms and Conditions.


2.3 YOUR DEVICE IS CLEAR FROM ANY HOLDS. Your Device must be free of any holds preventing activation. If your Device cannot be activated in the United States, the initial quote shall be subject to modification.


2.4 SHIP YOUR DEVICE within the United States using the custom shipping label provided by US Mail or printed online. IMPORTANT: Devices received without the proper shipping label cannot be validated and will be accepted as a donation.


2.5 ELIGIBLE DEVICES. If you received an initial quote after filling out the online quote application form, then your device is eligible for this program. While Phones4Cash strives to provide a quote on each Device you may wish to trade in, donate or recycle, Phones4Cash only provides initial quotes for those Devices that it determines, in its sole discretion, are eligible for the Phones4Cash service. Phones4Cash may terminate the eligibility of certain Devices at any time and without advanced notice, but such termination will not affect any Devices for which you have already accepted a quote.


2.6 INITIAL DEVICE VALUATION. All initial quotes will be based on Phones4Cash's own determination of the value of the Device(s) in reliance on the accuracy of the information you supply in the initial quote application form. You agree that Phones4Cash has sole discretion to determine the Device value, weighing factors that may include the Device's model, functionality and condition. Upon receiving an initial quote, you have the option of accepting or rejecting that quote. Acceptance indicates you are willing to provide your Device to Phones4Cash at the quoted price. If you accept the initial quote, in order to receive the amount stated in the initial quote, Phones4Cash must confirm and evaluate the condition of your Device and you must ship your Device to Phones4Cash using the pre-printed shipping label that is provided by the Website in accordance with the instructions provided by the Website and these Terms and Conditions.


2.7 SHIPPING YOUR DEVICE. Pack your Device well to prevent damage during shipping. Phones4Cash is not responsible for poorly packed Devices that break during shipping. If the Device is received in a condition that differs from the condition specified for the quote, it will become subject to revaluation.


2.8 EVALUATION AND CONFIRMATION. Phones4Cash will pay you the amount in the initial quote after it confirms that your Devices are in the condition you described. Your Device will be inspected within two business days of receipt. If Phones4Cash determines your Device is in a better condition than you thought, Phones4Cash may elect to pay you more than your initial quote. If Phones4Cash determines, in its sole discretion, that your Device is not in the condition that you described or is worth less than you thought, Phones4Cash will notify you of its determination via email and provide you a modified quote for your Device. Upon receipt of a modified quote, you will have the option to accept the new offer, or decline the offer within 30 days and have your Device returned by paying the shipping and processing fee. If you fail to notify Phones4Cash of your acceptance or rejection of a modified quote for your Device within 30 days, your failure to act will be deemed as acceptance of the new offer. If Phones4Cash changes prices that it pays for Devices, your initial quote will not be effected if received within 30-days of accepting the quote.


2.9 PAYMENT. If Phones4Cash confirms that your Device is in the condition you described in your online quote application form, Phones4Cash agrees that it will issue payment for your Device in the amount set forth in the initial quote within two business days of completing its evaluation of your Device. If Phones4Cash determines, in its sole discretion, that your device is not in the condition you described or is worth less than you thought, Phones4Cash agrees that it will issue payment for your Device in the amount set forth in the modified quote within two business days of your acceptance of the modified quote. All payments made by Phones4Cash shall be issued to you in the manner you requested in your online quote application form.



2.10 DEVICE OWNERSHIP. You must own the right, title, and interest in any and all Devices you seek to sell, donate or recycle by or through Phones4Cash. All Devices and the sale and shipment of any and all Devices shall: (1) comply with all applicable laws, statutes or ordinances; and (b) not be counterfeit, stolen, or fraudulent. You hereby represent and warrant that you own all right, title and interest in any and all Devices shipped to Phones4Cash and such Devices are free from any liens or encumbrances. You further agree to defend and indemnify Phones4Cash from any and all claims or losses arising out of any breach of this warranty. You further agreed that, upon acceptance of either an initial quote or a modified quote, you hereby agree that all of your rights, title and interest into any Device for which the quote was issued shall be transferred immediately to Phones4Cash upon issuance of payment to you in the amount set forth in the initial quote or, if applicable, the modified quote.



3. THE CONDITION OF YOUR CELL PHONE:


3.1 CONDITIONS DEFINED. Phones4Cash.com uses three (3) categories to evaluate the condition of a Device: Good, Fair and Poor. Conditions can widely vary between categories and types of Devices. Broadly, Phones4Cash's Device definitions are as follows:


GOOD: The Phone is fully functional and has been well-cared for. It looks like it is untouched and in perfect condition. It looks as though it just came out of the box (LIKE NEW). There are no scratches, scuffs, dents, wear marks or other cosmetic flaws.


FAIR: The Phone is fully functional. It may show signs of normal wear. This includes minor scratches, scuffs, dents, wear marks and other cosmetic flaws. However, there are no cracks on the body and/or screen of the phone.


POOR: There is heavy wear on the phone. There are very noticeable scratches, scuffs, dents, wear marks and other cosmetic flaws. There may be cracks on the body and/or screen of the phone. Device functionality and/or water damage must be specified.


The above definitions are broad guidelines. Further explanation of these guidelines with respect to a specific category and/or type of Device are included on the Phones4Cash Website offer screen. Condition definitions are subject to change at Phones4Cash's discretion. If you are uncertain about your Device’s condition, please email us by contacting Phones4Cash’s customer care at: support@phones4cash.com


3.2 REMOVING DATA. Phones4Cash’s removes all personal data from functional Devices Phones4Cash receives, but make no guarantees that it will do so. By sending Phones4Cash your Device, you agree to release us from any claim as to the Device, the data stored in such Device, or any information on any media used in conjunction with the Device and which you send to Phones4Cash, or for such data's security, integrity, confidentiality, disclosure or use. Phones4Cash 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 Device to us.


4. WARRANTYY DISCLAIMER. PHONES4CASH PROVIDEs THE PHONES4CASH SERVICES AND WEBSITES "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. PHONES4CASH EXPRESSLY DISCLAIsM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY. PHONES4CASH MAKES NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH PHONES4CASH WILL MEET YOUR REQUIREMENTS.


5. Limited Liability. IN NO EVENT SHALL PHONES4CASH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, FRANCHISES, 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 PHONES4CASH 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.


6. Indemnity. You agree to indemnify, defend, and hold harmless Phones4Cash, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, franchises, 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. Phones4Cash reservse 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.


7. 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 Phones4Cash of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.


8. Correction of Errors and Inaccuracies. The Phones4Cash Website and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. Phones4Cash therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Phones4Cash does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.


9. Modification. Phones4Cash reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the Phones4Cash Websites and/or the Phones4Cash Services before the changes take effect. Your continued use of Phones4Cash after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Device for sale, donation or recycling with Phones4Cash, you reaffirm your acceptance of this Agreement. You are responsible for regularly reviewing periodically this Agreement, located at http://www.Phones4Cash.com/tos. The last date this Agreement was revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.


10. 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 CALIFORNIA LAW AND TO THE EXTENT APPLICABLE, THE FEDERAL 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 THE TERMS OF SERVICE" DURING CHECKOUT, YOU AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS SHALL BE HEARD EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA, 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.


If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email support@Phones4Cash.com.


Last Update: April 17th, 2012