American Buy Back LLC (doing business as American Buy Back), and its parent, subsidiaries and affiliates ("American Buy Back," "we," or "us") offers services (the "American Buy Back Services") through which you can (i) sell certain consumer electronic products (the "Products") after receiving an "offer" from American Buy Back by identifying your Product and its condition and completing check-out on the American Buy Back Websites (each transaction, a "Trade-In"). You must agree to abide by the following terms in order to use the American Buy Back Services and/or the American Buy Back Websites.
BY SETTING UP AN ACCOUNT, OR BY USING AMERICAN BUY BACK'S WEB SITES, YOU SIGNIFY THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, WHICH MAY BE AMENDED AT ANY TIME BY POSTING THE AMENDED TERMS ON THE AMERICAN BUY BACK WEBSITES. ANY AMENDED TERMS WILL BE AUTOMATICALLY EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED. American Buy Back reserves the right to terminate or suspend your use of the American Buy Back Websites and/or the American Buy Back Services if you do not comply with this Agreement or any other American Buy Back policy or procedure, or for any other reason we determine, in our sole discretion.
1. About These Terms. These terms govern any offer that you receive to sell your Product to or through American Buy Back's Website. These terms, the terms that govern your use of American Buy Back's websites, including American Buy Back.com ("American Buy Back Websites"), the American Buy Back Services and any and all applications included therein, which terms are located at www.American Buy Back.com/legal, and any supplemental terms or policies that accompany a specific transaction, feature or application, collectively, make up an agreement between you and American Buy Back (the "Agreement"). You acknowledge that this Agreement is in electronic form and has the same force and effect as an agreement in writing. In this Agreement, the term "you" or "your" means an individual or entity exercising rights under this Agreement.
2. Requirements for Trade-In. In order to complete a Trade-In or to complete any other transaction with American Buy Back, you must: (i) Create an account with us; (ii) Provide true, up to date and accurate account information about yourself and any Product you submit to us; (iii) Comply with all terms and conditions of this Agreement; (iv) Comply with all applicable laws and regulations, including all import and export laws as described in Section 15 below; (v) Transact on behalf of yourself and not on behalf of others; and (vi) Be over eighteen (18) years of age and have the legal capacity to enter into agreements and to convey title and interest in any Product that you submit to us.
In order to receive payments for any Products in connection with a Trade-In, you must provide us with 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.
American Buy Back shall not be responsible for communication errors should your contact information be inaccurate or incomplete. You are responsible for ensuring that you can receive emails from American Buy Back and American Buy Back is not responsible for any emails that were not received by you because they were blocked or filtered as spam. You understand and agree that if you fail to provide us with accurate and up to date information about yourself: (a) we will not be responsible for any misapplied Trade-In payments or Trade-In payments sent to a wrong address, and (b) any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws. You agree that we have no obligation to you if any of your unclaimed funds are turned over to governmental authorities in accordance with applicable law.
3. Product Eligibility. American Buy Back determines, in its sole discretion, which Products are eligible for purchase by or through the American Buy Back Services and American Buy Back Websites and for which eligible Products American Buy Back will provide an offer. American Buy Back may terminate the eligibility of certain Products at any time and without advanced notice, but such termination will not affect any Products for which you have already accepted an offer, which is good for thirty (30) days, except as set forth in Section 9 below.
4. Condition Defined for Trade-In. American Buy Back uses five (5) basic Product conditions to grade Products for Trade-In, ranging from "Dead" or "Damaged" to "Good", "Perfect” or ”New." Conditions can vary widely between categories and types of Products. Broadly, American Buy Back's Product definitions are as follows: New: The item is still sealed in its original packaging with no issues. Perfect: the item looks like it has never been used and is 100% functional with original accessories. Good: the item has visible signs of use, but is otherwise 100% functional. Damaged: the item has one or more Product functions that are non-operative or the item has serious physical damage that inhibits use (e.g. broken or cracked screen or missing parts). Dead: The item will not power on. The above definitions are broad guidelines. More specific condition definitions specific to the category and/ or type of Product may be included on the American Buy Back Website offer screen and serve as the effective condition definition for that product. Condition definitions are subject to change at American Buy Back's discretion. If you are uncertain about your Product's condition, please seek guidance by contacting American Buy Back's customer care.
5. Product Valuation. All offers will be based on American Buy Back's own determination of the Product value in reliance on the accuracy of the information you supply us. American Buy Back will use its discretion to determine the Product value, weighing factors that may include the Product's model, functionality and condition and whether necessary Product accessories have been provided by you. Upon receiving an offer, you have the option of accepting or rejecting that offer. Acceptance indicates you are willing to provide your Product to American Buy Back at the offered price. If you do not accept American Buy Back's offer, the specific transaction expires. If after rejecting the offer you change your mind and want to accept the offer, you will need to open another transaction with us at which point, assuming the Product is still eligible for purchase, the new offer may be different as Product prices are subject to change.
6. Fitness for Sale; Phone and Internet Service. You must have all right, title, and interest in any and all Products you seek to sell to American Buy Back and all Products must be able to be activated for new service (unless the Product is incapable of being activated because it is in "Dead" condition). The Products and the sale and shipment of such items to American Buy Back: (a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws as described in Section 14 below, (b) may not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), and (c) 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 American Buy Back Services, you agree to indemnify American Buy Back from all claims or losses sustained by American Buy Back as a result of any breach of your representations and warranties. It is your responsibility to discontinue phone, Internet and/or any similar service on your Product prior to selling it to American Buy Back. American Buy Back is not responsible for any service charges related to your Product, whether you incur such charges before, during or after your use of the Services. It is also your responsibility to remove any security codes or iCloud accounts that would prevent use of any Product.
7. Sending American Buy Back Your Product for Trade-In. When packaging your Product, be sure to include all materials included in your description when we calculated your offer for Trade-In. For Trade-In, this may include power cables, software, accessories, adapters, and manuals. Failure to include any items you told us about when the offer 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 revised offer.
8. Removing Data From Your Product. For Products involving devices 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 from the Product before you send your Product to us for Trade-In. Likewise for Products you Purchase from American Buy Back and returned to American Buy Back in accordance with these Terms, you agree to remove any such data from the Product prior to returning the Product to American Buy Back. American Buy Back's standard practice is to remove all such data from the Product; however, American Buy Back makes no guarantee that it will do so. By sending American Buy Back the Product, 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 American Buy Back (whether in connection with a Trade-In or a Purchase), or for such data's security, integrity, confidentiality, disclosure or use. American Buy Back 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 the Product to us.
9. Product Inspection; Offer Recalculation. Your Trade-in Product must be received by American Buy Back within thirty (30) days after you accept the original offer provided by American Buy Back and complete the check- out process on the American Buy Back Website (the "Delivery Period") or the offer shall automatically expire. Packing and shipping recommendations provided to you by American Buy Back should be followed in order to avoid possible damage to or loss of the Product in transit. American Buy Back will inspect all Products that are received. American Buy Back has the option to accept or reject the Product, including without limitation, to reject any Product not conforming to the description you provided to us, any Product modified in such a way that it no longer conforms to the original factory specifications, any Product no longer complying with applicable laws or regulations (e.g., FCC rules, etc.) and/or any Product damaged or lost in transit. If American Buy Back rejects the Product for any of these reasons, the original offer automatically expires and is rescinded. American Buy Back reserves the right to revoke the original offer and provide a revised offer for the Product if: (a) the Product and/or materials are not as described, (b) the Product is received by American Buy Back after the Delivery Period, and/or (c) American Buy Back receives Product(s) that are different from those identified when your offer was calculated. As described above, American Buy Back typically honors the offer price you receive for your Product on the Site for a period of thirty (30 days); sometimes for a longer period of time in connection with a temporary extended price-lock offer (each a "Price-Lock Offer"). Notwithstanding any Price-Lock Offer, American Buy Back always reserves the right to recalculate the original offer price and provide a revised offer for the Product. If you elect not to accept the recalculated offer price, your Product will be returned to you.
10. Recalculated Product Offers after Inspection. In the event American Buy Back recalculates the offer it provided for the Product after it has been received and inspected for Trade-In, as described above, you shall have the option of accepting or rejecting the new offer. If you accept the new offer, you will be paid in normal course and in accordance with these service terms. If you reject the new offer, American Buy Back will return the Product to you at the address from which it was originally sent. American Buy Back will give you a period of ten (10) days after American Buy Back presents you with a recalculated offer via email at the address you provided to accept or reject the new offer (the "New Offer Period"). American Buy Back will also remind you of the outstanding new offer one or more times during the New Offer Period. However, if the new offer is neither affirmatively accepted nor rejected by you during the New Offer Period, we reserve the right to consider the new offer to have been accepted by you and you will be paid the new offer price in the normal course and in accordance with these service terms. If the offer is neither accepted nor rejected, we also reserve the right to hold the product until a conclusion is reached (either an accepted offer, or returning the item). For the avoidance of doubt, your acceptance of the original offer and/or any new offer is final and you may not change your mind later about accepting such offer.
11. Releasing Rights to Product. Once you send American Buy Back your Product for Trade-In, American Buy Back cannot and does not guarantee that it will be able to honor any request for return of the Product and/or any data or information contained in such Product. Of course, if American Buy Back rejects the Product or you do not accept any new offer for the Product pursuant to Sections 9 and 10 ("Return Circumstances"), your Product will be returned to you as set forth in Sections 9 and 10.
12. Risk-Of-Loss. You remain responsible for the risk-of-loss for the Products sent to American Buy Back for Trade-In until delivery of the same to American Buy Back. You are responsible for any damages that may occur to your Product while in transit. American Buy Back is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event American Buy Back returns your product to you for any reason. For the avoidance of doubt, in such event, risk of loss will be transferred to you once American Buy Back delivers the package to the carrier for return to you and you will bear the risk-of-loss while the Product is in transit.
13. Passing of Title. Title to the applicable Product sent to American Buy Back for Trade-In passes to American Buy Back upon American Buy Back's acceptance of the Product for the original offer or the new offer, as applicable. If there is a Return Circumstance, title shall not pass and shall remain with you.
14. Non-Transferable. Any offer by American Buy Back for your Product for Trade-In is non- transferable and not redeemable for any other consideration other than what is offered by American Buy Back.
15. Import and Export Laws. You agree to comply fully with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly transfer any Product without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances in order to convey any Product to American Buy Back in connection with a Trade-In, including without limitation, valuation, classification and duties applicable with the import of any goods. 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; from 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 American Buy Back for sale, any Products that would violate the provisions of this Section 15.
16. Promotions. From time to time, and at American Buy Back's sole discretion, American Buy Back may offer promotional programs as an incentive to customers. Promotions applicable to payments are applied as an increment to the final value of a customer's Product, but they are not considered a change in that final value. Promotional programs have explicitly defined terms, including but not limited to, expiration, usage per person and per transaction, and other limitations and restrictions. Unless otherwise stated, promotions must be applied by you before checkout. For the avoidance of doubt, once checkout is completed, promotions cannot be applied to the same transaction. American Buy Back reserves the right, in its sole discretion, to cancel or refuse promotions.
17. Accuracy of all Information. American Buy Back makes every effort to ensure the accuracy of all information you receive in relation to your Product. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. As such, American Buy Back reserves the right, at any time prior to payment, to:(a) Correct an error. (b) Change the offer or cancel the Purchase prior to your receipt of the Product. In the event the Product has already been sent to American Buy Back for Trade-In, the changed offer will become a New Offer subject to the processes set forth in Section 9 and Section 10. Otherwise, the changed offer will be a re-issued original offer, which you may accept or reject. (c) Void a transaction. If the Product was already sent to American Buy Back, American Buy Back will be deemed to have rejected the Product resulting in a Return Circumstance subject to Section 11.
19. Electronic Notices and Transactions. You agree to transact with us electronically, including without limitation, agreeing to terms and conditions or offering to sell your Product by electronic means. You authorize American Buy Back to provide you with terms and important notices about American Buy Back and your transactions to an email address you provide to us or by posting notices on an applicable page (or my account area) on www.AmericanBuyBack.com. It is your duty to keep your email address accurate and 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. If you no longer desire to transact electronically with us, you may no longer use the American Buy Back Websites. You can retrieve and review this Agreement by clicking on the "Legal" link at www.AmericanBuyBack.com.
20. Access. You are responsible for obtaining at your own expense all equipment and services needed to access and use the American Buy Back Websites and the American Buy Back Services, including all devices, Internet browsers and Internet access. If you access the American Buy Back Website and the American Buy Back Services through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
21. Use of Services. By using American Buy Back Websites, you agree not to (i) access any of the Services by any means (including, without limitation, by use of scripts, web crawlers or similar methods) other than through the user interface provided by American Buy Back; and (ii) engage in any other activity that interferes with or disrupts the Services or performance of the American Buy Back Websites.
22. No Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE AMERICAN BUY BACK SERVICES AND WEBSITES "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH AMERICAN BUY BACK WILL MEET YOUR REQUIREMENTS.
23. Limited Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMERICAN BUY BACK OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE "AMERICAN BUY BACK PARTIES") BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL 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 AMERICAN BUY BACK UNDER THIS AGREEMENT REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF AMERICAN BUY BACK AND THE AMERICAN BUY BACK PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE AMERICAN BUY BACK SERVICES AND AMERICAN BUY BACK WEBSITES EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US OR (II) $100. THE LIMITATIONS SET FORTH IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, MALICIOUS OR RECKLESS MISCONDUCT, OR FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE AMERICAN BUY BACK SERVICES.
24. Indemnity. You agree to indemnify, defend, and hold harmless American Buy Back and the American Buy Back Parties 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 violation or breach of any terms under this Agreement. We reserve 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.
25. 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 American Buy Back of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Sections 6, 8, 11, 13, 15, 18, 19 and 22 through 28 shall survive termination of this Agreement.
26. Correction of Errors and Inaccuracies. The American Buy Back Websites and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. American Buy Back therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. American Buy Back does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
27. Modification. American Buy Back reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the American Buy Back Websites and/or the American Buy Back Services. Your continued use of any American Buy Back Website and/or American Buy Back Services after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale to American Buy Back, you reaffirm your acceptance of this Agreement as in effect at the time of such use. You are responsible for reviewing this Agreement each time you use the American Buy Back Websites and/or the American Buy Back Websites. The Agreement is and will be located at www.AmericanBuyBack.com/legal. The last date this Agreement was revised is set forth below.
28. 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 MISSOURI 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, 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 SAINT LOUIS, MISSOURI, 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. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH LANGUAGE.
If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email firstname.lastname@example.org.
Last Updated November 3, 2016