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The following terms and conditions shall govern your rights and obligations as a participant in the trade-in program (the “Program”) of Phobio, LLC, a Georgia limited liability company, and its related entities and affiliates (collectively, referred to as “Phobio”). By participating in the Program, you expressly agree to the terms and conditions set forth below (the “Agreement”).
OWNERSHIP AND AUTHORITY TO TRADE-IN You represent and warrant that you are at least 18 years of age and the sole and rightful owner of the Device bearing the specifications, serial number, and model number which you have offered for trade-in (the "Device"). You further represent and warrant that (1) you have the power and authority to enter into this agreement; (2) you have full authority to sell or otherwise dispose of the Device; (3) the Device(s) is (are) not counterfeit, stolen or fraudulent; and (4) the Device(s) does (do) not violate any law, statute, ordinance, or regulation.
DEACTIVATION AND PERSONAL DATA You agree to deactivate all services to your Device and remove any and all codes (including without limitation removing user locks, passwords, and/or turn off/deactivating the “Find My Device” Apple Activation Lock or Google, Samsung, or other manufacturer lock feature) that may prevent Phobio from having the ability to use, recycle, resell or dispose of the Device. In addition, you acknowledge that it is your sole responsibility to remove all personal data (e.g., files, photos, videos, music, etc.) from the Device.
You agree that Phobio is not responsible for the loss or destruction of the hardware, software, files, or media containing any personal data left on or in the Device. All devices will be erased of customer data during the inspection process. You understand and agree that you will not be able to recover any data or files stored within the Device.
ACCURACY OF INFORMATION You agree that all information you provide about the Device for trade-in, as well as information you have or will provide about yourself, is true, accurate, and complete.
TRANSFER OF OWNERSHIP Upon receipt and acceptance of the Device by Phobio, you hereby agree to transfer all right to and title in the Device to Phobio, in exchange for the trade-in value quoted to you.
FINAL TRANSACTION You acknowledge and agree that the trade-in transaction is final and cannot be cancelled or rescinded by you after your Device is received by Phobio, unless Phobio contacts you to provide notification that your description of the Device was inconsistent with Phobio’s evaluation of your Device and the quote.
OTHER TERMS AND CONDITIONS Phobio reserves the right to takes steps Phobio 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 Phobio’s right to cooperate with any legal process relating to your use of the trade-in program, and/or a third party claim that your Device is unlawful and/or infringes such third party's rights). You agree that Phobio has the right, without liability to you, to disclose any Device registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as Phobio believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions.
RELEASE OF LIABILITY To the extent permitted by applicable law, you hereby release Phobio from and against any liability arising out of or related to the transfer of the Device, including but not limited to any liability related to the shipment of the Device, the deletion or non-deletion of any data or files from the Device, the evaluation and assessment of the Device (and the corresponding trade-in valuation) made by Phobio, and the non-availability of the Device after it has been received by Phobio.
INDEMNIFICATION By participating in the Program, you expressly agree to hold harmless and indemnify Phobio and its shareholders, officers, directors, employees, contractors, agents, successors and assigns, from and against any and all claims, damages, liabilities, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of: (1) your breach of this Agreement, including, but not limited to, the representations and warranties contained herein; (2) any suit or other proceeding for infringement or misappropriation of any copyright, trade secret or other proprietary right brought against Phobio in connection with your Device you trade-in under the Program; and (3) the loss, disclosure, security, integrity, confidentiality or use of any personal or confidential information stored on a Device you trade-in under the Program.
GOVERNING LAW AND JURISDICTION Any claim relating to the Program shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. By virtue of your participation in the Program, you expressly submit to jurisdiction in the Superior Court of Cobb County, Georgia, for any and all claims arising from this Agreement.
The customer agrees to receive messages via text and/or email in service or support of this trade-in transaction. Any customer information collected will be used solely for the purposes of service to this trade-in, and will not be shared with any third parties with the exception of direct request from Law Enforcement Agencies.
If you have any questions or concerns regarding the above Agreement, you may contact Phobio at firstname.lastname@example.org.
Last Update on Dec 20, 2018