THIS IS A LEGAL AGREEMENT BETWEEN YOU AND POWERON SERVICES, INC. ("POWERON") STATING THE TERMS THAT GOVERN YOUR USE OF THIS POWERON PROGRAM. THESE TERMS AND CONDITIONS-TOGETHER WITH ALL UPDATES AND ADDITIONAL TERMS-COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND POWERON. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU; CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND POWERON MAY REFUSE ACCESS TO THE POWERON SERVICE FOR NON-COMPLIANCE WITH ANY PART OF THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT THE RESPONSIBLE REUSE AND RECYCLE SERVICE IS BETWEEN YOU AND POWERON ONLY, AND MACMALL IS NOT LIABLE FOR AND DOES NOT WARRANT SUCH SERVICE.
Agreement By participating in this program, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS and all disclaimers and terms and conditions that appear elsewhere on this web site. It is your responsibility, prior to participating in this responsible recycle and re-use program, to read these Terms and Conditions carefully to understand your rights and obligations. If you are dissatisfied with this program, its content, or these Terms and Conditions, you agree that your sole and exclusive remedy is to discontinue using the program.
Customer Eligibility To participate in this program, you must: (a) be at least 18 years old; (b) ship products from the United States only; and (c) have a physical address or P.O. box located in the United States. Products shipped from outside the United States will not be accepted or returned. You represent and warrant that you have the legal right to provide all items you submit for this program and that the items are not counterfeit or stolen. You must have the right, title, and interest in any and all products you seek to provide to PowerON. Such products, or the sale and shipment of such products, must not violate any applicable laws, statutes, ordinances, or regulations including export laws. You are responsible for complying with any and all such laws. Any products you seek to provide through the site using PowerON's services: (1) shall not infringe any third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights); (2) 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 PowerON service, you agree to indemnify PowerON from all claims or losses sustained by PowerON as a result of any breach of this warranty.
Products PowerON reserves the right, in its discretion, to choose whether to offer value for your product. All quotes are based on PowerON's own determination of the product value with the information you provide. PowerON will use its discretion to determine the product value, weighing several factors that may include but are not limited to the product's model and condition. Upon receiving a quote, you have the option to sell your product to PowerON.
Removing Data PowerON does remove data from your product, (however makes no guarantee in this regard). You must back up your data and then erase it from your product before shipping. By sending PowerON your product, you agree to, upon its acceptance by PowerON, 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 PowerON, or for such data's security, integrity, confidentiality, disclosure or use. PowerON is not responsible for any loss suffered by you due to any data that is not erased from the product.
Shipping PowerON provides shipping materials for all accepted quotes with value and is not responsible for damages that may occur during shipping should you choose not to utilize the provided materials or follow packaging instructions. When packaging your product, be sure to include all materials you told us about when we calculated your quote as well as any other materials that came with your product or that you may have purchased specifically for it. This may include software, accessories, adapters and manuals. Failure to include any items you told us about when the quote 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 recalculated quote. Items that are materially damaged or that do not match the items on the trade-in quote are not eligible for return to you, and may be recycled by PowerON. All other items not accepted by PowerON will be returned to you approximately 14 days after receipt. On occasion, technical or transportation problems may delay or prevent delivery of your product or payment. Your exclusive and sole remedy will be a refund of the price quoted to you by PowerON for such Product, as determined by PowerON.
Inspection All products are inspected upon receipt by PowerON. PowerON has the option to accept or deny the product. There may be instances when PowerON recalculates the original quote for the product. If the product is as described, with all materials described, and sent to PowerON in a timely manner (within fourteen (14) days of you receiving the shipping materials), PowerON will honor all quotes made for your products and you will be paid within fourteen (14) days from the date of receipt at the designated PowerON warehouse. Packing and shipping recommendations must be followed in order to avoid possible damage or loss, which may also affect the quote. In the event PowerON recalculates the quote you shall have the option of accepting or rejecting the new quote. If you choose to accept the new quote, you will be paid within fourteen (14) days from the date of you acceptance. PowerON will give you five (5) days, from the day PowerON recalculates the quote, to accept or reject the new quote. If you do not indicate acceptance or rejection of the new quote within the five (5) days, PowerON will assume your acceptance of the new quote, and you will be paid within fourteen (14) days. If you choose to reject the new quote, PowerON will return the product to you at the address from which it was originally sent.
All Decisions Are Final Title of the product passes to PowerON upon: (i) shipment for a product with no quoted value; or (ii) upon PowerON's confirmation to you of payment pending after PowerON's physical inspection and your acceptance of a recalculated quote (if any). If PowerON does not accept the product, for whatever reason, title shall not pass and shall remain with you. All decisions of acceptance or rejection of your quote are final. This offer is non-transferable, non-refundable, not redeemable for any other consideration other than what is quoted by PowerON. Quotes offered by PowerON are subject to, and may, change without notice; PowerON will terminate quotes on certain products at any time and without advanced notice.
Other Terms and Conditions PowerON reserves the right to change these terms and conditions at any time. All transactions on the PowerON.com web site are governed by California law, without giving effect to its conflict of law provisions. If any of the terms in these Terms and Conditions are not valid or legally enforceable, the other terms will not be affected.PowerON reserves the right to takes steps PowerON believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions (including but not limited to PowerON's right to cooperate with any legal process relating to your use of the service and/or the products provided, and/or a third party claim that your product is unlawful and/or infringes such third party's rights). You agree that PowerON has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as PowerON believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions.
POWERON WARRANTS THAT IT WILL PROVIDE THE SERVICE WITH REASONABLE CARE AND SKILL AND SUBSTANTIALLY IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. EXCEPT AS PROVIDED HEREIN, THERE ARE NO OTHER WARRANTIES, CONDITIONS OR PROMISES ABOUT THE SERVICE, EXPRESSED OR IMPLIED, AND ALL SUCH WARRANTIES, CONDITIONS AND PROMISES ARE EXCLUDED TO THE FULL EXTENT PERMITTED BY LAW. POWERON WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, BUSINESS OR PROFITS, OR FOR ANY LOSS OR CORRUPTION OF DATA IN CONNECTION WITH YOUR USE OF THE SERVICE.