Terms and Conditions for Participation in Trade-Up program for devices returned through Clover Wireless ("Program")
3. SCOPE AND EFFECTIVE DATE OF TERMS AND CONDITIONS: These terms and conditions apply to your use of the Tool, the Site and your participation in the Program offered and maintained by Clover Wireless.
BY PARTICIPATING IN THE PROGRAM, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROGRAM WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
5. LIMITATION OF LIABILITY: The Program is offered and supported solely by Clover Wireless. Any and all transactions processed on this Site are exclusively the responsibility of Clover Wireless and the user. Neither Clover Wireless or Motorola will be liable for any damages of any kind arising out of or relating to the use or the inability to use this Tool, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure, lost profits and all other direct, indirect, special, incidental, exemplary or consequential damages even if Clover Wireless and Motorola have been advised of the possibility of such damages. Notwithstanding the foregoing, your exclusive remedy and the total liability of Clover Wireless or Motorola to you for all losses, damages, and causes of action, including but not limited to those based on contract, tort, or otherwise, arising out of your use of this Tool, its content or links, shall not exceed the amount you paid to access this Tool.
7. ELIGIBILITY TO PARTICIPATE IN PROGRAM:
7.1 Prohibited Conduct. If you choose to participate in this Program, you agree to comply with any rules or regulations governing the Program. Additionally, as a condition of your continued participation in the Program, you agree not to: 1) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2) harm minors in any way; 3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Program; 5) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 10) "stalk" or otherwise harass another person or entity; or 11) collect or store personal data about other users. You agree that violation of any of the foregoing, which shall be determined in Clover Wireless' sole discretion, will result in your immediate disqualification from participant in the Program, and may result in additional legal actions being taken by Clover Wireless.
7.2 Program Requirements. In order to participate in the Program, you must have an eligible used smartphone as listed here. The Program is only valid within the United States. You must be a minimum of 18 years of age to participate. The Program is not valid on stolen property, pre-production or prototype smartphones. The site is for the exclusive use by consumers and is strictly prohibited for use by wireless dealer's, retailers, or corporate accounts. There is a maximum of five (5) trade-ins per household. Requests from PO boxes will not be honored or acknowledged. Limit one device per postmarked envelope. A valid proof of purchase is a) an copy of the sales receipt or b) a copy of the UPC code from the smartphone box. Limit one Motorola Visa prepaid card per IMEI number. Clover Wireless has the right to reject any trade-up submissions where 1) the used phone is submitted by anyone other than the user of the used phone and 2) when the used phone was not active at the time of the new phone purchase and 3) the trade-up voucher was not signed by you and 4) there is an invalid proof of purchase or 5) we believe there to be fraudulent intentions. Without a valid proof of purchase, you will not receive the $100 Motorola Visa prepaid card. Clover Wireless is not responsible for lost, late, mutilated, misdirected or postage due mail or requests. We recommend making a photocopy of your submission for your records. Any attempt at fraud will be prosecuted to the fullest extent of the law. Offer void where prohibited.
8. HOW IT WORKS: The Tool will generate a mail-in form that includes an acknowledgment by you that (1) you understand the phone will not be eligible for return; (2) you are responsible for removal of all personal information before relinquishing the smartphone; and (3) you are responsible for deactivating the used smartphone phone and ensuring you retire any outstanding balance. The eligible new smartphone must be purchased before June 30, 2014. Your qualifying package (used device, mail-in form, and valid proof-of-purchase) must be postmarked within 30 days of your date of purchase of the eligible new smartphone in order to receive the $100 Motorola Visa Prepaid Card.
9. DEACTIVATION OF SERVICE: Clover Wireless, its vendors or Motorola are not responsible for previous or subsequent airtime charges accrued to your phone prior to or following participation in the Program. Should any airtime charges occur, it is your responsibility to resolve any payment(s) issues.
10. CONDITION OF TRADE-UP PRODUCT: To receive your $100 Motorola Visa prepaid card, the used phone must be in working order.
11. RIGHT, TITLE AND INTEREST IN THE USED PHONE: By submitting the used smartphone, you verify that you own the right, title, and interest in the used phone.
12. RETURN OF USED PHONE OR CONTENT THEREIN: Once you trade-up the used phone, Clover Wireless or its vendors will not be able to return the used phone or any of its contents including accessories or data contained in the used phone. All transactions are final and non-returnable. There will be no substitutes or replacements provided.
13.PAYMENT: After purchase, you must ship in the used phone within 30 days. You will receive the $100 Visa Prepaid Card 6-8 weeks from the time of receipt of the used phone. $100 Motorola Visa prepaid cards that are mailed to you, but returned by the Postal Service will be forfeited and not re-mailed.
14. REMOVAL OF PERSONAL DATA FROM THE USED PHONE: Clover Wireless will remove any personal data from your used phone. We recommend you remove all personal or confidential information by performing a factory reset and removing your SD and SIM cards.
16. TERMINATION: You agree that Clover Wireless in its sole discretion, may terminate or restrict your use or access to this Program (or any part thereof) for any reason, including, without limitation, that Clover Wireless believes you have violated or acted inconsistently with the letter or spirit of these Terms of Service, the terms, conditions, or rules of the Program.
17. PRIVACY AND INFORMATION SHARING: In order to fulfill your Trade-Up request, you will share your contact information with Clover Wireless.
18. FOR ADDITIONAL INFORMATION: If you have any questions that the Trade-Up FAQs page cannot answer, please contact us.