Smartphones Plus, LLC, Terms and Conditions
Agreement between User and Smartphones Plus, LLC
Welcome to SmartphonesPLUS.com. The SmartphonesPLUS.com website (the “Site”) is comprised of various web pages operated by Smartphones Plus, LLC (“SmartphonesPLUS”). SmartphonesPLUS.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of SmartphonesPLUS.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. All users of our Sites agree that access to and use of our Sites are subject to these Terms and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Notices and Electronic Communications
Visiting SmartphonesPLUS.com or sending emails to SmartphonesPLUS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that SmartphonesPLUS is not responsible for third party access to your account that results from theft or misappropriation of your account. SmartphonesPLUS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
SmartphonesPLUS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use SmartphonesPLUS.com only with permission of a parent or guardian.
Eligibility to Sell
You can use the Site to sell your old and used devices. SmartphonesPLUS, however, reserves the sole and absolute discretion to determine which devices it chooses to purchase. That includes even up to the point of you delivering your device to us. In order to be eligible to sell a device to us, you must: (1) provide truthful and accurate information about yourself and the devices(s) when filling out information we request from you to complete a sale or purchase of any device to complete the transaction; (2) enter the transaction on your own behalf for your own device; (3) be at least 18 years old and be able to legally enter into an agreement; (4) hold legal ownership and have the lawful right to transfer ownership of the device – the device cannot be stolen, lost, counterfeit, or fraudulent; (5) not owe any unpaid balance, financial liability, have any liens against the device, or other encumbrances; (6) provide your device unlocked without any password protections; and (7) agree to these Terms.
SmartphonesPLUS will inspect your device upon receipt and reserves the sole and absolute right to reject any device. SmartphonesPLUS uses the following condition categories to when determining the condition:
- Excellent: New cosmetic appearance and functions as if it has not yet been used. For example, no cosmetic issues, no scratches and/or scuffs, no dents, no cracks, no water damage, all buttons/ports work, still fully functional, no LCD burn/pixel damage, the screen lights up normally.
- Good: Normal signs of use. May have a couple light scratches. No clear/deep scratches, scuffs, or dents. No cracks, no water damage, all buttons/ports work, still fully functional, no LCD burn/pixel damage, the screen lights up normally.
- Fair: Heavy signs of use, deep or multiple scratches and/or scuffs, dents, no cracks, no water damage, all buttons/ports work, still fully functional, no LCD burn/pixel damage, the screen lights up normally.
- Broken: Does not function normally, cracked screen/back, water damaged, LCD burn/pixel damage, bad port(s), all parts of the phone must be included.
The quote SmartphonesPLUS provides you with online prior to your shipment of the device is only an estimate based on your reported condition of the device. SmartphonesPLUS will make the final decision, in its sole and absolute discretion, on the price it will pay out after running tests for functionality and based on cosmetic appearance. If SmartphonesPLUS determines that the condition is different than initially stated we will send an email with a revised offer. You will have a period of seven (7) calendar days to accept or decline the offer. If the offer is accepted we will process the order and disburse any funds, if due. If the offer is declined we will ship the device back. If seven (7) calendar days pass with no response from you we will process the order as an accepted offer and disburse of any funds due.
Items that are stolen, lost, counterfeit, or fraudulent are not accepted and will be reported to the appropriate authorities. No money will be disbursed and the item will not be returned if it matches the description as a prohibited item. If SmartphonesPLUS discovers that the item is prohibited after you have been paid, you represent and warrant that you will immediately return the payment for the prohibited item. If SmartphonesPLUS is required to initiate legal action or other collection efforts in order to obtain the amount owed from you, you agree that you will also be responsible for all of SmartphonesPLUS’ reasonable legal fees and court costs related to such efforts. You absolve SmartphonesPLUS of all liability for correctly or incorrectly reporting a device to the appropriate authorities as stolen. SmartphonesPLUS will deliver the device to the appropriate authorities and it will be your responsibility to resolve the matter with them.
Removal of Data
Before you send in your device, you must back up the hard drive and/or memory if you would like to save it. Once the data is backed up make sure you remove all your data and information by performing a factory reset. You should refer to the manufacturer’s instructions for deleting data from your device. If data is not removed, we will attempt to remove the data and restore the phone for factory defaults. We cannot guarantee data is not able to be retrieved. We cannot and will not guarantee that your personal data or any personally identifiable information is removed from your device.
Transfer of Ownership
Title of the product or device will be transferred to SmartphonesPLUS once we receive and accept the product for the original offer amount or the revised offer, as applicable. If the item is returned for any reason title is not transferred to SmartphonesPLUS and remains with you.
You remain responsible for the risk-of-loss for any devices sent to SmartphonesPLUS for Trade-In until delivery of the same to SmartphonesPLUS. You are responsible for any damages that may occur to your device while in transit. SmartphonesPLUS is responsible for risk-of-loss when it opens the packaging containing your device and ceases in the event SmartphonesPLUS 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 SmartphonesPLUS delivers the package to the carrier for return to you and you will bear the risk-of-loss while the device is in transit. If you return a device to SmartphonesPLUS that you Purchased, you are responsible for the risk-of-loss for the Product until SmartphonesPLUS receives the Product. You are responsible for any damages that may occur to the Product while in transit back to SmartphonesPLUS.
If you request to have your traded-in item return we cannot guarantee that we will be able to return it. After we inspect the items and disburse the funds to you the items may immediately go up for sale. We cannot guarantee that data on devices sent to us will be able to be retrieved. Any data or personal items left on devices are removed during the inspection process in most scenarios.
Links to Third Party Sites/Third Party Services
In an attempt to provide increased value to our visitors, SmartphonesPLUS may link to websites operated by third parties. However, even if the third party is affiliated with SmartphonesPLUS, SmartphonesPLUS has no control over these linked sites, all of which have separate privacy and data collection practices, independent of SmartphonesPLUS. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, SmartphonesPLUS seeks to protect the integrity of its Sites and the links placed upon it, and therefore, requests feedback on its Sites and sites that link to the Sites as well (including if a specific link does not work).
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use SmartphonesPLUS.com strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to SmartphonesPLUS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SmartphonesPLUS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. SmartphonesPLUS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of SmartphonesPLUS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SmartphonesPLUS or our licensors except as expressly authorized by these Terms.
Materials Provided to SmartphonesPLUS.com or Posted on Any SmartphonesPLUS Web Page
SmartphonesPLUS does not claim ownership of the materials you provide to SmartphonesPLUS.com (including feedback and suggestions) or post, upload, input or submit to any SmartphonesPLUS Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SmartphonesPLUS, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. SmartphonesPLUS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SmartphonesPLUS’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by SmartphonesPLUS from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SmartphonesPLUS Content accessed through SmartphonesPLUS.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SMARTPHONESPLUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (COLLECTIVELY THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) THAT ARISE OR RESULT FROM (I) YOUR USE OF AND ACCESS TO THE SITES; (II) YOUR VIOLATION OF THESE TERMS, INCLUDING, BUT NOT LIMITED TO, ANY OBLIGATION, REPRESENTATION, OR WARRANTY MADE HEREIN; (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHT, PROPERTY RIGHT, OR PRIVACY RIGHT; AND (IV) YOUR NEGLIGENCE. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE TERMINATION OF THESE TERMS & CONDITIONS AND YOUR USE OF THE SITES.
Limitation of Liability
IN NO EVENT SHALL SMARTPHONESPLUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES ON THE SITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT ON THE SITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WHIRRX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Terms comprises the entire agreement between you and SmartphonesPLUS with respect to your use of the Sites and supersedes all prior agreements between the parties regarding the subject matter contained herein. These Terms shall be governed by, and construed and enforced in accordance with, the laws of the State of Iowa, without regard to the choice of law provisions of that State. Any claim relating to these Terms must be brought within one year of the date on which the claim arises. Any dispute between the parties relating to these Terms shall be resolved only in the Iowa District Court for Linn County or the United States District Court for the Northern District of Iowa (Cedar Rapids Division). In the event that any provision of these Terms becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, these Terms shall continue in full force and effect without said provision. You agree that money damages would not be a sufficient remedy for breach of these Terms and SmartphonesPLUS shall be entitled to specific performance for any such breach in addition to any other remedies available to it at law or in equity. No waiver of any term in these Terms shall be deemed a further or continuing waiver of such term or any other term.
Changes to Terms
SmartphonesPLUS reserves the right, in its sole discretion, to change the Terms under which SmartphonesPLUS.com is offered. The most current version of the Terms will supersede all previous versions. SmartphonesPLUS encourages you to periodically review the Terms to stay informed of our updates.
SmartphonesPLUS welcomes your questions or comments regarding the Terms:
Smartphones Plus, LLC
1100 Blairs Ferry Road NE, STE 105
Cedar Rapids, Iowa 52402
Effective as of December 17, 2018