MaxBack.com Sale Agreement
Last Modified: February 24, 2017
www.MaxBack.com ("the Website") offers services (the "MaxBack Services") that enable you
to sell your unwanted electronic products (the "Products") after obtaining a quote through
the Website. All MaxBack Services are subject to Maxback's
and this Sale Agreement (collectively the "Terms"). The Website and the MaxBack Services are
owned and operated by MaxBack, LLC, 2224 W. 50th Street, Erie, PA 16506 ("MaxBack").
YOU MUST AGREE TO THIS SALE AGREEMENT TO USE THE MAXBACK SERVICES. BY SETTING UP A
MAXBACK ACCOUNT YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THE TERMS, INCLUDING
THIS SALE AGREEMENT.
1. Generally. The Terms and any supplemental terms or
policies associated with a specific transaction between you and MaxBack apply
to any offer you make to sell Product(s) through the Website, and constitute
a legal agreement between you and MaxBack (the "Agreement"). Although this
Agreement is in electronic form, it has the same force and effect as an agreement
in writing. In this Agreement, the term "you" or "your" means any individual or
entity exercising rights under this Agreement, and the terms "MaxBack", "MaxBack.com",
"we", or "us" means MaxBack, LLC, and its affiliates and subsidiaries.
2. Requirements. In order to complete the sale of your Product
to MaxBack or to complete any other transaction with MaxBack, you must:
- Be at least 18 years old;
- Create an account with us;
- Provide true, up-to-date and accurate information about yourself and any Product you offer to us;
- Comply with all terms and conditions of this Agreement;
- Comply with all applicable laws and regulations, including all import and export laws as described in Section 12 below;
- Have the legal capacity to enter into agreements and convey title and interest in any Product that you submit to us.
3. Product Eligibility. While MaxBack strives to provide a
quote on each Product you may wish to sell, MaxBack determines, in its sole
discretion, which Products are eligible for purchase, donation and/or
recycling and for which Products MaxBack will provide a quote. MaxBack
may terminate the eligibility of certain Products at any time without advance
notice, but such termination will not affect any Products for which you have
already accepted a quote. Any quote shall apply only to the specific Product
for which it is provided and may be accepted only by the person to whom the quote is given.
4. Condition Defined. MaxBack uses four (4) Product conditions
to grade Products, ranging from "Excellent" to "Poor." Conditions can widely vary between
categories and types of Products. Condition definitions are subject to change at the
discretion of MaxBack. You may contact MaxBack customer service for assistance in
determining the condition of the Products. Generally, MaxBack Product condition
definitions are as follows:
"Excellent" Products are those Products that are in like-new condition
without any scratches or signs of wear and are completely functional.
"Good" Products are those Products that have slight wear only such as
light scratches or scuffs, and are completely functional.
"Fair" Products are those Products that are fully functional but
have obvious signs of wear such as scuffs and scratches, but do not have cracks,
chips, dents or extremely deep scratches.
"Poor" Products are those Products that are completely functional
but have major cosmetic issues such as cracks, dents, chips, and deep scratches.
5. Production Valuation / Product Recycling. All Product
quotes are based on the market value of the Product and the information you supply
about the Product, such as the Product's model, working condition and appearance.
Your acceptance of a quote from MaxBack for your Product means that you are willing
to sell your Product to MaxBack at the quoted price. If MaxBack determines that the
Product has nominal value, MaxBack may provide you a quote of $0.00. If you accept a
quote of $0.00, MaxBack will recycle the Product. You may accept or reject any quote from MaxBack in your sole
discretion. If you do not accept the quote from MaxBack, the specific transaction
expires. If you later change your mind and want to accept the quote, you will need
to initiate a new transaction with us at which time the quote may be different.
6. Fitness for Sale. By sending a Product to MaxBack, you warranty the following:
a. You own the Product and/or all the rights necessary to transfer the Product to MaxBack;
b. The Product is not counterfeit, stolen, or its provision to MaxBack otherwise fraudulent;
c. The Product is free of all liens or encumbrances, and does not contain any third-party
software that may not be transferred or for which royalties are due;
d. Your transfer of the Product to MaxBack will comply with all applicable laws and
regulations, including without limitation all import and export laws as described in
Section 12 herein, and will not infringe on any third party's intellectual property rights
(including copyrights, trademarks, patents, trade secrets or other proprietary rights).
By using the MaxBack Services, you agree to indemnify MaxBack from all claims or losses
sustained by MaxBack as a result of any breach of this warranty.
7. Sending MaxBack Your Product. You are strongly encouraged
to erase all data from your Product before sending it to MaxBack. When packaging your
Product, be sure to include the Product and any additional materials you included in your
description when we calculated your quote, as well as any other materials that came with
your Product. This includes any battery, software, accessories, adapters or 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 re-quote, as described below.
8. Removing Data From Your Product. You are strongly
encouraged to erase all data from your Product before sending it to MaxBack.
MaxBack removes and destroys all personal data from all devices we receive. For
Products 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 before you send your Product to MaxBack. MaxBack's
standard practice is to do a factory reset of all devices that removes things like
contacts, pictures, etc. and will destroy the data on memory cards using software
that follows the Department of Defense guidelines. However, MaxBack cannot guarantee
that such deletion and destruction will be successful. 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 MaxBack, or
for such data's security, integrity, confidentiality, disclosure or use. Without
limiting the above, MaxBack is not responsible for any loss suffered due to any
data that is not erased from the device and is transferred to a third party or
that is lost after you submit your Product to MaxBack.
9. Product Inspection / Re-Quote. MaxBack will honor a
quote for 30 days from the date you accept the quote. MaxBack must receive
the Product within this 30-day period. Please follow all packing and shipping
recommendations provided by MaxBack to avoid possible damage to or loss of
the Product in transit. When we receive your Product we will email you and we
will inspect your Product. If our inspection shows that the Product does not
match the description you provided to us, that it has been modified so that it
no longer conforms to the original factory specification, or that it no longer
complies with applicable laws or regulations (e.g., FCC rules, etc.), or if the
Product was damaged in transit or was received more than 30 days after the quote
was accepted, we will issue a revised quote for the Product that reflects the
conditions described above We will send you an email notifying you if we issue a
revised quote. You will then have 7 days to log into your MaxBack account and
view the revised quote, at which point you may either accept or reject the
revised quote. If you accept the revised quote, you will be paid in accordance
with these service terms. Any revised quote that is not rejected within 7 days
after we send you the notification email will be deemed to be accepted by you.
If you reject the revised quote, MaxBack will return your Product to you at
our expense. Notwithstanding the foregoing, MaxBack will not pay for the return
of any Products that were misdescribed and have no commercial value. MaxBack
also cannot guarantee the return of any data or information on any Product.
10. Risk of Loss. The risk of damage and/or loss for
your Product remains with you until it is received by MaxBack in our facility.
MaxBack is only responsible for damage or loss to your Product while the Product
is in our facility. If MaxBack returns your Product to you, the risk of loss shifts
back to you when MaxBack gives the Product to the carrier for shipment, and you
bear the risk of loss or damage during shipment back to you.
11. Passing of Title. Title to the applicable Product
passes to MaxBack only when MaxBack accepts the Product for the original quote
or the revised quote, as applicable. MaxBack does not take title to any Product
that is returned to you; title to any such Product remains with you.
12. Import and Export Laws. You must comply fully with all import
and export laws, regulations, rules and order of the United States, or any foreign
government agency or authority. You are responsible for the expenses of such compliance
and/or for obtaining any authorizations or clearances required to convey your Product to MaxBack. 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; form 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 MaxBack for recycling, donation or for sale, any Products that would violate the provisions of this Section.
13. Promotions. MaxBack may from time to time sponsor or offer
various promotions programs. The specific terms of any such promotion will be provided
to you at the time you are offered the promotion. MaxBack reserves the right, in its
sole discretion, to determine to which transaction or transactions a promotion applies,
to establish rules and restrictions relating to such promotion, and to modify or terminate
any promotion at any time without advance notice.
14. Accuracy of all Information. MaxBack makes every effort to
ensure the accuracy of all information it provides you about your Product. From time to
time, however, there may be typographical errors, technical inaccuracies, pricing or
other errors or omissions. When these occur, MaxBack reserves the right, at any time
prior to payment, to:
- Correct the error, inaccuracy or omission;
- Reissue the original quote, or if the Product has already been sent to MaxBack, issue a revised quote; or
- Return the Product to you.
15. Electronic Notices and Transactions. You agree that MaxBack
may communicate with you electronically regarding your Product and any potential transaction
between you and MaxBack via email or by posting messages on your account page on www.maxback.com.
You agree 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.
16. Disclaimer of Warranties. THE WEBSITE, ITS CONTENT AND ANY
PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS"
AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, OR NON-INFRINGEMENT. MAXBACK MAKES NO
REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE, THE CONTENT OR PRODUCTS OR SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS
TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN IS FREE OF VIRUSES OR ANY HARMFUL COMPONENTS.
17. Limited Liability. YOUR USE OF THE WEBSITE AND RECEIPT OF
PRODUCTS AND/OR SERVICES IS AT YOUR OWN RISK. IN NO EVENT SHALL MAXBACK OR ANY THIRD PARTY
PROVIDER OR ANY OF OUR OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS OR LICENSORS BE LIABL FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE, THE
SERVICES, THE PRODUCTS, THE CONTENT, OR USER CONTENT, WHETHER BASED IN CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY DECISION OR
ACTION TAKEN IN RELIANCE UPON ANY CONTENT, ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS
IN DELIVERY, NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF,
OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT, OR FOR ANY TYPES OF DAMAGES OR LIABILITY,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. Exclusion of Consequential Damages; Further Limitation of Liability.
IN NO EVENT SHALL WE OR ANY THIRD PARTY PROVIDER OR ANY OF OUR OR THEIR RESPECTIVE AFFILIATES,
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY
DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR
INJURY CAUSED IN WHOLE OR IN PART IN RELATION TO THE WEBSITE, THE SERVICES, THE PRODUCTS, THE
CONTENT OR THE USER CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS IN THE "DISCLAIMER OF WARRANTIES" AND "DISCLAIMER OF LIABILITY"
SECTIONS MAY NOT APPLY TO YOU. IN THOSE CIRCUMSTANCES, AS WELL AS ANY OTHER WHERE LIABILITY
OCCURS, YOU ACKNOWLEDGE THAT THE ENTIRE LIABILITY OF MAXBACK UNDER THIS AGREEMENT, OR ANY MATTER
RELATING TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION OR THEORY OF LIABILITY
(INCLUDING CONTRACT, TORT, OR WARRANTY) SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) AND THAT AMOUNT
SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
19. Indemnity. You agree to indemnify and hold harmless us and our
subsidiaries, affiliates, officers, agents, employees, partners and licensors from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or arising out of
User Content you submit, transmit or otherwise make available, your use of the Website or Content,
violation of any rights of another party.
20. Violation of This Agreement. We reserve the right to seek all
remedies available at law and in equity for violations of the rules and regulations set forth
internet address to the Website.
21. Entire Agreement/Severability/No Waiver. This Agreement, the
constitute the entire agreement between us relating to your use of the Website and the Services.
Additional terms and conditions may apply when you enter contests, use any Third Party Services or
access any linked websites. Should any provision of this Agreement be held invalid, unlawful or
for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be
severable from the remaining provisions. Such invalid, unlawful or unenforceable provision
shall not affect the validity or enforceability of the remaining provisions No waiver by
MaxBack of any breach or default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default.
22. Correction of Errors and Inaccuracies. The MaxBack website and any
correspondence related to a transaction may contain typographical errors or other errors or
inaccuracies and may not be complete or current. MaxBack reserves the right to correct any errors,
inaccuracies or omissions and to change or update the content at any time without prior notice.
MaxBack does not, however, guarantee that an error, inaccuracies, or omissions will be corrected.
23. Modification. MaxBack reserves the right to modify this Agreement at
any time. If you do not agree to the changes, you may discontinue using the MaxBack website
and/or the Services before the changes take effect. You are responsible for regularly reviewing
periodically this Agreement, located at http://www.maxback.com, for any such changes. Your
continued use of the MaxBack website or Services after any such changes take effect constitutes
your acceptance to such changes. Each time you submit a Product for sale, donation or recycling
with MaxBack, you reaffirm your acceptance of this Agreement.
24. 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 PENNSYLVANIA
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 ERIE COUNTY, PENNSYLVANIA, AND
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION SUCH
COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.
25. Contacting MaxBack. If you have any questions, comments, or concerns,
please email email@example.com. Please include details of your
questions, comments or concerns and your complete name and contact information.