ecoATM Terms and Conditions

last updated: 10/24/2023

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY INCLUDE A BINDING, INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS-ACTION WAIVER, WHICH MEANS YOU AND ECOATM AGREE TO RESOLVE MOST DISPUTES BY BINDING, INDIVIDUAL ARBITRATION AND NOT BY MEANS OF A CLASS ARBITRATION, A CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR A JURY TRIAL. YOU MAY OPT OUT OF THE ARBITRATION REQUIREMENT WITHIN 30 DAYS OF ACCEPTING THESE TERMS – INSTRUCTIONS ON THIS OPT-OUT ARE IN SECTION 24(K) BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

These Terms and Conditions (“Agreement”) govern the relationship between ecoATM, LLC. (“ecoATM,” “we,” or “us”) and you with respect to creating an account, or your use of our kiosks, websites, and other online or mobile services or applications (collectively, the “Services”). BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE OUR SERVICES.
We reserve the right to change or modify this Agreement at any time and in our sole discretion. If we make changes to this Agreement, we will provide you with notice of such changes, such as by providing notice through the Services or updating the "Last Updated" date at the top of this Agreement. By continuing to use the Services after such notice is provided, you confirm your acceptance of the modified Agreement. If you do not agree to the modified Agreement, you must stop using our Services.

1. Eligibility; Registration Data
You must be 18 or older to use our Services. You represent and warrant that you have full power and authority to enter into this Agreement and that, in doing so, you will not violate any other agreement to which you are a party nor any applicable law or regulation. Our kiosks request certain information about you. To use our Services, you must provide certain information about yourself and the electronic device that you provide to ecoATM for sale (“Device”), including, without limitation, a scan of your driver’s license or other government identification, and any other information requested by us, such as your fingerprint (“User Data”). You agree to provide accurate, current and complete User Data. You acknowledge and agree that ecoATM will collect and store your User Data and that it may be used and shared with law enforcement and others to prevent fraud and help investigate crimes. You agree to, and release ecoATM from any liability in connection with, these activities. Your ability to use our Services may be terminated and/or deleted without warning if we believe you have violated this Agreement.

2. Privacy Policy
Please read our Privacy Policy http:/www.ecoatm.com/privacy-policy/ for information about how ecoATM collects, uses, and discloses information about you and your Device.

3. Terms of Purchase
We will determine, in our sole discretion, whether to present an offer to purchase your Device. All offers to purchase a Device are made solely on behalf of ecoATM, prices will be displayed in U.S. dollars, and are relating to sale of a Device utilizing and ecoATM kiosk. You acknowledge and agree that we may rely upon any User Data you provide when we make our offer or complete the purchase of a Device. All purchases made by ecoATM are final, and there are no returns or refunds, except as required by law.

4. Removal of Data and Files
ecoATM does not guarantee or warrant that data, photos, emails, notes, SIM cards, memory cards and/or other files on your Device (“Device Data”) will be removed from your Device. You agree to remove all Device Data before providing your Device to us and deactivate cellular coverage for the Device from the network carrier. You hereby release and hold ecoATM harmless from any access or use of any Device Data by ecoATM or any third parties that may subsequently acquire the Device. ecoATM shall not be responsible or have any liability for any losses suffered by you as a result of any Device Data that is accessible from a Device, or from your failure to deactivate cellular coverage for the Device from the network carrier. YOUR PROVISION OF ANY DEVICE, INCLUDING ANY DEVICE DATA ACCESSIBLE THEREIN, TO ECOATM IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ECOATM HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO YOUR DEVICE OR ANY DEVICE DATA ACCESSIBLE THEREIN.

5. Your Sale Obligations
You represent, warrant and agree that:

  • You are the legal owner of the Device and have the right to transfer all right, title and interest in such Device to ecoATM, and that nothing prevents you from selling your Device to us;
  • The Device has not been obtained by unlawful means (e.g., it is not stolen or was no obtained by fraudulent means);
  • The Device is the entire device and not part(s) of an electronic device;
  • The Device is not a fake, counterfeit, imitation, mock‐up, dummy or reproduction of an electronic device;
  • In the event that any Device you sell to us is determined to be stolen, is requested by law enforcement pursuant to an investigation and held as evidence, or is returned to the rightful owner upon a determination that the Device is or was stolen, ecoATM has the right to collect civil restitution from you to recover the value we paid you for the Device and may also seek other remedies;
  • If a prior transaction between you and ecoATM resulted in any monetary loss for ecoATM due to your breach of this Agreement or your failure to follow our instructions regarding the Device you offered for sale, we reserve the right to offset future transaction amounts in order to cover such losses;
  • The Device is free from all liens or encumbrances of any kind;
  • You have deactivated cellular coverage for the Device from the mobile network carrier
  • Once you sell your Device to us, you are transferring all rights, title and interest in and to the Device and any Device Data remaining on the Device to ecoATM; and
  • You will not restrict or inhibit any other potential customer from using the Services.

6. Biometric Collection Acknowledgment and Release
You acknowledge and agree that ecoATM may collect and store your fingerprint and that it may be used and shared with law enforcement and others to prevent fraud and help investigate crimes. You further understand that ecoATM will use and store your fingerprint only for as long as necessary to prevent fraud and investigate crimes, or as required under applicable law, unless a longer retention period is required by subpoena, warrant, court order, or another legal requirement. You agree to, and release ecoATM from any liability in connection with these
activities.


7. Payment
Subject to availability and eligibility, ecoATM may give you a choice of payment method for the price of your Device(s). These payment methods may include cash, digital payment (such as Venmo or PayPal) (“Digital Payment”), or other renumeration or promotions. Such Digital Payment options are also subject to the terms and conditions of the Digital Payment provider you choose, and Hyper Wallet Terms and Conditions and https://www.hyperwallet.com/agreements-terms/ and the Hyper Wallet Privacy Policy https://www.hyperwallet.com/agreements-privacy/. There may be instances where cash is unavailable as a payment option. For example, if the kiosk is temporarily out of cash you may only be presented to a Digital Payment Option.

You are obligated and responsible for providing us with correct payment information when you enter your User Data. This includes entering your correct name, email address and/or phone number associated with the payment method you select. ecoATM is not responsible for any non-payment, partial payments, or delayed payment(s) caused by or related to incorrect User Data. Payments may take up to 96 hours for us to process. If you are experiencing any problems with receiving payment from us, please contact our customer service team by calling 1-800-429-3553 or sending us a message so that we may investigate further and arrange for payment to be made as agreed.

8. ecoTEXT Program
We may provide you with an opportunity to opt in to the ecoTEXT program. By opting in, you provide express written consent to receive automated commercial and informational text messages from us at the mobile number your provide. Message and data rates may apply to text messages and consent to the ecoTEXT program is not a condition of sale. You acknowledge that the content of our messages may contain materials copyrighted by us or third parties. Copyrighted materials cannot be copied, modified, publicly displayed or distributed by any means without the explicit permission of the copyright holder.

9. Price Lock Promotion

We may provide you with a promotion to lock in the price of your Device, for a period of seven (7) calendar days, (“Price Lock”). The Price Lock shall only be honored if you have not violated any of these terms and:

  • You sell the Device, in which you received the Price Lock, to one of our kiosks within seven (7) calendar days from the date you received the Price Lock;
  • The Device is not reported lost/stolen;
  • You accurately represented the condition of the Device when the Price Lock was made;
  • The Device is in the same condition as when the Price Lock was made; and
  • Find My iPhone is turned “off” on the Device.

10. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, ecoATM has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also limit access to our Services if any users infringe the intellectual property rights of others, whether or not there is any repeat infringement.

11. Copyright Complaints
If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

Name of Designated Agent: Kevin Harris, Chief Legal Officer
Address of Designated Agent: 10121 Barnes Canyon Rd., San Diego, CA 92121
Telephone Number of Designated Agent: 858‐766‐7249
Facsimile Number of Designated Agent: 858‐597‐9830
E‐Mail Address of Designated Agent: ecoatmlegal@ecoatm.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

We may at our discretion suspend or terminate access to our Services and/or take other action against users, subscribers, or account holders who infringe the copyright rights of others.

12. Materials and Trademarks
The information and materials provided through the Services, including any data, text, graphics, images, audio and video clips, logos, icons, software and links, and any intellectual property contained therein, (collectively, the “Materials”) constitute the property of ecoATM or its licensors or suppliers. You are granted a limited, non‐sublicensable license to access and use the Materials for your personal use; provided, however, that such license does not include the right to (a) use unauthorized data gathering or extraction methods, (b) access or use the Materials other than for their intended purposes, or (c) distribute, modify, transmit or publicly display the Materials without the written consent of ecoATM or its licensors or suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by accessing or using the Materials.

The trademarks, logos, and service marks displayed on the Services (collectively the “Trademarks”) are the registered and unregistered trademarks of ecoATM and our licensors and suppliers. The Trademarks owned by ecoATM, whether registered or unregistered, may not be used in connection with any product or service that is not ecoATM’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages ecoATM. Nothing contained in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of ecoATM or our licensors or suppliers. The terms “Materials” and “Trademarks” as used in this Agreement do not include third party trademarks, intellectual property, or other content or material owned by third parties and not covered under a license with ecoATM.

13. Hyperlinks
You are granted a limited, non‐exclusive right to create a text hyperlink to our websites for noncommercial purposes, provided that such link does not portray ecoATM or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use ecoATM’s logo or other proprietary graphics to link to our websites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any ecoATM trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on the Services without our prior written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of ecoATM or any third party.

ecoATM makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from our Services or of websites that link to our Services. Such sites are not under the control of ecoATM and ecoATM is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of a link does not imply affiliation, endorsement or adoption by ecoATM of any site or any information contained therein. You should also be aware that when you interact with these third party websites, the terms and policies of those third-party websites will govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Services.

14. Third Party Content
We may provide third-party content on the Services as a service to those interested in this information. We do not control, endorse or adopt any third party Content and make no representations or warranties of any kind regarding such content, including without limitation, regarding its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any third party content and undertake no responsibility to update or review such content. You access and use such content at your own risk.

Our Services allow you to access Google Maps. Please note that when you use Google Maps, you are subject to Google’s Terms of Service (available at http://www.google.com/policies/terms/), as amended by Google from time to time.

15. Third Party Products and Services
We may display advertisements and promotions from third parties on our Services or may otherwise provide information about or links to third party products or services. ecoATM does not endorse or make any representations or warranties regarding any third-party products, services, promotions or vendors. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable in any manner for any third party products or services, for any loss or damage of any sort incurred as the result of any products, services, dealings or promotions or as the result of the presence of such third party information on the Services.

16. Feedback
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, originals or creative materials or other information that you provide to ecoATM regarding our products or services are nonconfidential and shall become the sole property of ecoATM. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

17. User Content and Conduct
The Services may include interactive areas or services (“Interactive Areas”), such as forums, chat rooms. message boards, online hosting or storage services, or other areas or services in which you or other users can create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, misleading, fraudulent or otherwise objectionable;
  • User Content that would constitute, encourage or provide instructions for a criminal
    offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Unsolicited promotions, political campaigning, advertising or solicitations;
  • Viruses, corrupted data or other harmful, disruptive or destructive files; and
  • User Content that, in the sole judgment of ecoATM, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Services, or which may expose ecoATM or our users to any harm or liability of any type.

You further agree that you are solely responsible for your conduct, and you agree that you will not do any of the following in connection with the Services or our users:

  • Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable,
    overburden or impair the functioning of the Services in any manner;
  • Engage in fraudulent or dishonest activities in connection with the Services;
  • Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
  • Send, distribute or post spam, chain letters, or pyramid schemes;
  • Use any robot, spider, crawler, scraper or other automated means or interface not
    provided by us to access the website or to extract data;
  • Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services;
  • Harvest or otherwise collect information about users, including email addresses,
    without their consent; and
  • Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates this Agreement.


ecoATM takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of this section of the Agreement is solely at our discretion, and failure to enforce these terms in some instances does not constitute a waiver of our right to enforce the terms in other instances. In addition, these terms do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain content that is prohibited by this Agreement. As a provider of interactive services, we are not liable for User Content and have no obligation to screen, edit or monitor such content. We do, however, reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored on the Service at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store at your sole cost and expense. Any use of the Interactive Areas or other portions of the Services in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services.

If you submit or post User Content to the Services, unless we indicate otherwise, you grant ecoATM a nonexclusive, royalty‐free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant ecoATM and our sublicensees the right to use the name that you submit in connection with such content, if they choose.

By submitting or posting User Content to the Services, you represent and warrant that: (a) such User Content is non‐confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Services, does not and will not violate this Agreement or any applicable law, rule or regulation.

18. Account Registration
You may set up a voluntary user account to use certain features, such as tracking your Price Lock promotions. You will need to provide a password, username, and other information such as your name and email address. You are solely responsible for keeping your account information confidential. You may not transfer, sell, assign, or sublicense your account to any third party without our prior written approval. You are solely responsible for all usage or activity on the Site that occurs under your account, including, but not limited to, Use of the Site by any person who uses your account, with or without authorization. You agree to notify our customer service immediately of any unauthorized use or any other breach of security on your account. We will not be liable for losses incurred as a result of an unauthorized use of a password or account.

19. Jurisdiction
The Services are solely directed to individuals residing in the United States. We make no representation that the Services, including all Materials contained therein, are appropriate or available for use in locations outside the United States.

20. Disclaimers
THE SERVICES AND MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ECOATM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON‐INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THUS THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. ECOATM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR‐FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON.

21. Limitation of Liability
NEITHER ECOATM NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR MATERIALS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR MATERIALS IS TO STOP USING THE SERVICES. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF ECOATM FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO FIFTY DOLLARS ($50). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

22. Indemnification
You agree to indemnify, defend and hold ecoATM and our affiliates, licensors, suppliers, advertisers and sponsors, and our respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) your activities in connection with the Services; (c) any User Content you post, store or otherwise transmit on or through the Services; (d) any feedback you provide; and (e) your violation of the rights of any third party.

23. Notice for California Consumers
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814 or at (916) 445‐1254 or (800) 952‐5210.

24. Dispute Resolution; Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND ECOATM TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND ECOATM FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND ECOATM AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. ECOATM AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY'S CLAIMS. FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 24(K), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.

(a) Claims This Section Applies To. The dispute resolution and binding arbitration terms in this Section 24 apply to all Claims between you and ecoATM. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed below) between you and ecoATM, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to this Agreement or our Services, including any privacy or data security claims or claims related to the validity, enforceability, or scope of the arbitration requirement or any portion of it.

(b) Informal Dispute Resolution Prior to Arbitration. If you have a Claim against ecoATM or if ecoATM has a Claim against you, you and ecoATM will first attempt to resolve the Claim informally in order to try and resolve the Claim faster and reduce costs for both parties. You and ecoATM will make a good-faith effort to negotiate the resolution of any Claim for 30 days, or such longer period as mutually agreed in writing (email suffices) by the parties, (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with this Agreement.

You will send any Claimant Notice to ecoATM by certified mail addressed to ecoATM, LLC, Attn: Chief Legal Officer, 10121 Barnes Canyon Road, San Diego, CA 92121 or by email to ecoATMlegal@ecoatm.com. ecoATM will send any Claimant Notice to you by certified mail or email using the contact information you have provided to ecoATM. The Claimant Notice sent by either party must (i) include the sender’s name, address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.

The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or ecoATM cannot proceed to arbitration before the end of the Informal Resolution Period. If you or ecoATM file a Claim in court or proceed to arbitration without complying with the requirements in Section 24, including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this Section to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.

The statute of limitations and any filing fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.

(c) Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual property rights of you or ecoATM, including any disputes in which you or ecoATM seek injunctive or other equitable relief for the alleged unlawful use of your or ecoATM’s intellectual property or other infringement of your or ecoATM’s intellectual property rights (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 24(b) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

(d) Binding Individual Arbitration. Subject to the terms of this section, Claims may only be settled by binding individual arbitration conducted by National Arbitration and Mediation (“NAM”), https://namadr.com, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”) and according to NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Claim arose (the “Rules”), as modified by this Agreement. If NAM notifies the parties in writing (email suffices) that it is not available to arbitrate any Claim, then that Claim may only be settled by binding individual arbitration conducted by American Arbitration Association (“AAA”), https://www.adr.org. For Claims that must be arbitrated by AAA, if you are a “Consumer,” meaning that you only use the Services for personal, family or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules are the Rules applicable to Claims between you and ecoATM as modified by this Agreement. For Claims that must be arbitrated by AAA, if you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures are the Rules applicable to Claims between you and ecoATM as modified by this Agreement. This Agreement affects interstate commerce, and the enforceability of this Section 24 will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, this Agreement, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or ecoATM to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).

(e) Arbitration Procedure and Location. You or ecoATM may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with NAM in accordance with the Rules (or with AAA in accordance with the Rules if applicable pursuant to Section 24(d)).

Instructions for filing a demand for arbitration with NAM are available on the NAM website or by calling NAM at 800-358-2550, and instructions for filing a demand for arbitration with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to ecoATM by certified mail addressed to ecoATM, LLC, Attn: Chief Legal Officer, 10121 Barnes Canyon Road, San Diego, CA 92121 or by email to ecoatmlegal@ecoatm.com. ecoATM will send any demand for arbitration to you by certified mail or email using the contact information you have provided to ecoATM.

The arbitration will be conducted by a single arbitrator in the English language. You and ecoATM both agree that the arbitrator will be bound by this Agreement.

For Claims in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in New York, New York, unless the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.

The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and ecoATM agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself unless the parties agree prior to issuance of the award. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

(f) Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and this Agreement.

(g) Frivolous or Improper Claims. To the extent permitted by applicable law, a claimant must pay all costs incurred by the defending party, including any attorney’s fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument or (ii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.

(h) One Year to Assert Claims. To the extent permitted by law, any Claim by you or ecoATM against the other must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you or ecoATM will no longer have the right to assert that Claim.

(i) Confidentiality. If you or ecoATM submits a Claim to arbitration, you and ecoATM agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of discovery in the arbitration. You and ecoATM agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

(j) Coordinated Filings. If 25 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel, these will be considered “Coordinated Claims” and will be treated as mass filings or multiple case filings according to the Rules, if and to the extent Coordinated Claims are filed in arbitration as set forth in this Agreement. You or ecoATM may advise the other of your or ecoATM’s belief that Claims are Coordinated Claims, and disputes over whether a Claim meets the definition of “Coordinated Claims” will be decided by the arbitration provider as an administrative matter. To the extent either party is asserting the same Claim as other persons and are represented by common or coordinated counsel, that party waives any objection that the joinder of all such persons is impracticable.

Coordinated Claims may only be filed in arbitration as permitted by the process set forth below. Applicable statutes of limitations will be tolled for Claims asserted in Coordinated Claims from the time a compliant Claimant Notice has been received by a party until this Agreement permits such Coordinated Claim to be filed in arbitration or court.

Initial Bellwether: The bellwether process set forth in this section will not proceed until counsel representing the Coordinated Claims has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Coordinated Claims have been provided.

After that point, counsel for the parties will select 30 Coordinated Claims to proceed in arbitration as a bellwether to allow each side to test the merits of its arguments. Each side will select 15 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. The parties acknowledge that resolution of some Coordinated Claims will be delayed by this bellwether process. Any remaining Coordinated Claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this Section 24(j).

A single arbitrator will preside over each Coordinated Claim chosen for a bellwether proceeding, and only one Coordinated Claim may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

Mediation: Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Coordinated Claims, with the mediator's fee paid half by ecoATM and half by the other parties. Counsel for the claimants and the other party must agree on a mediator within 30 days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.

Remaining Claims: If the mediation process concludes with 100 or more unresolved Coordinated Claims remaining, any party to a remaining Coordinated Claim may elect to no longer have the arbitration requirement in this Section 24 apply to all remaining Coordinated Claims for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether process or global mediation. To be effective, such an election must be communicated in writing (email suffices) to counsel for the opposing party within 30 days of mediation concluding. Coordinated Claims released from the arbitration requirement must be resolved in accordance with Section 25.

If the mediation process concludes with fewer than 100 Coordinated Claims remaining or if no party makes a timely election as provided for in the previous paragraph, the arbitrator will randomly select 50 Coordinated Claims (or the total remaining amount if less than 50) to proceed in arbitration as a second batch. The arbitrator will randomly select eligible claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. Once all arbitrations in the foregoing process are complete, the parties will repeat this process until all Coordinated Claims have been arbitrated.

If Coordinated Claims released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in Coordinated Claims for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis. A court will have authority to enforce the bellwether and mediation processes defined in this section and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.

(k) Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted this Agreement by emailing ecoATMlegal@ecoatm.com. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 25.

(l) Rejection of Future Arbitration Changes. You may reject any change we make to Section 24 (except address changes) by sending us notice of your rejection within 30 days of the change via email at ecoATMlegal@ecoatm.com or by certified mail addressed to ecoATM, LLC, Attn: Chief Legal Officer, 10121 Barnes Canyon Road, San Diego, CA 92121. Changes to Section 24 may only be rejected as a whole, and you may not reject only certain changes to Section 24. If you reject changes made to Section 24, the most recent version of Section 24 that you have not rejected will continue to apply.

(m) Severability. If any portion of this Section 24 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from this Agreement; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 24 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 24; and(iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with this Agreement, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 24 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 24 will be enforceable.

25. Applicable Law and Venue
Any dispute arising from this Agreement or your use of the Services will be governed by and construed and enforced in accordance with the laws of California except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration and cannot be heard in small claims court will be resolved in the state or federal courts in the County of San Diego, California.

26. Termination
We reserve the right, without notice and in our sole discretion, to terminate your license to use the Services and to block or prevent your future access to, and use of, the Services.

27. Severability
If any provision of this Agreement shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

28. Contact Us
For additional information, please email inquiries to ecoatmlegal@ecoatm.com.
Secondhand Dealer Lic. # 3711-2068



last updated: April/10/2020

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS‐WIDE OR CONSOLIDATED BASIS.

These Terms and Conditions (“Agreement”) govern the relationship between ecoATM, LLC. (“ecoATM,” “we,” or “us”) and you with respect to your use of our kiosks, websites, and other online or mobile services or applications (collectively, the “Services”). BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE OUR SERVICES.
We reserve the right to change or modify this Agreement at any time and in our sole discretion. If we make changes to this Agreement, we will provide you with notice of such changes, such as by providing notice through the Services or updating the "Last Updated" date at the top of this Agreement. By continuing to use the Services after such notice is provided, you confirm your acceptance of the modified Agreement. If you do not agree to the modified Agreement, you must stop using our Services.

1. Eligibility; Registration Data
You must be 18 or older to use our Services. You represent and warrant that you have full power and authority to enter into this Agreement and that, in doing so, you will not violate any other agreement to which you are a party. Our kiosks request certain information about you. To use our Services, you must provide certain information about yourself and the electronic device that you provide to ecoATM for sale (“Device”), including, without limitation, a scan of your driver’s license or other government identification, and any other information requested by us, such as your fingerprint (“User Data”). You agree to provide accurate, current and complete User Data. You acknowledge and agree that ecoATM will collect and store your User Data and that it may be used and shared with law enforcement and others to prevent fraud and help investigate crimes. You agree to, and release ecoATM from any liability in connection with, these activities.

2. Privacy Policy
Please read our Privacy Policy http:/www.ecoatm.com/privacy-policy/ for information about how ecoATM collects, uses, and discloses information about you and your Device.

3. Terms of Purchase
We will determine, in our sole discretion, whether to present an offer to purchase your Device. All offers to purchase a Device are made solely on behalf of ecoATM, prices will be displayed in U.S. dollars, and are relating to sale of a Device utilizing and ecoATM kiosk. You acknowledge and agree that we may rely upon any User Data you provide when we make our offer or complete the purchase of a Device. All purchases made by ecoATM are final, and there are no returns or refunds, except as required by law. Once a transaction has been completed, ecoATM will have no obligation to return any Device.

4. Removal of Data and Files
ecoATM does not guarantee or warrant that data, photos, emails, notes, SIM cards, memory cards and/or other files on your Device (“Device Data”) will be removed from your Device. You agree to remove all Device Data before providing your Device to us and deactivate cellular coverage for the Device from the network carrier. You hereby release and hold ecoATM harmless from any access or use of any Device Data by ecoATM or any third parties that may subsequently acquire the Device. ecoATM shall not be responsible or have any liability for any losses suffered by you as a result of any Device Data that is accessible from a Device, or from your failure to deactivate cellular coverage for the Device from the network carrier. YOUR PROVISION OF ANY DEVICE, INCLUDING ANY DEVICE DATA ACCESSIBLE THEREIN, TO ECOATM IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ECOATM HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO YOUR DEVICE OR ANY DEVICE DATA ACCESSIBLE THEREIN.

5. Your Sale Obligations
You represent, warrant and agree that:

• You are the legal owner of the Device and have the right to transfer all right, title and interest in such Device to ecoATM, and that nothing prevents you from selling your Device to us;
• The Device has not been obtained by unlawful means (e.g., it is not stolen or was no obtained by fraudulent means);
• The Device is the entire device and not part(s) of an electronic device;
• The Device is not a fake, counterfeit, imitation, mock‐up, dummy or reproduction of an electronic device;
• In the event that any Device you sell to us is determined to be stolen, is requested by law enforcement pursuant to an investigation and held as evidence, or is returned to the rightful owner upon a determination that the Device is or was stolen, ecoATM has the right to collect civil restitution from you to recover the value we paid you for the Device and may also seek other remedies;
• If a prior transaction between you and ecoATM resulted in any monetary loss for ecoATM due to your breach of this Agreement or your failure to follow our instructions regarding the Device you offered for sale, we reserve the right to offset future transaction amounts in order to cover such losses;
• The Device is free from all liens or encumbrances of any kind;
• You have deactivated cellular coverage for the Device from the mobile network carrier
• Once you sell your Device to us, you are transferring all rights, title and interest in and to the Device and any Device Data remaining on the Device to ecoATM; and
• You will not restrict or inhibit any other potential customer from using the Services.

6. Biometric Collection Acknowledgment and Release
You acknowledge and agree that ecoATM may collect and store your fingerprint and that it may be used and shared with law enforcement and others to prevent fraud and help investigate crimes. You further understand that ecoATM will use and store your fingerprint only for as long as necessary to prevent fraud and investigate crimes, or as required under applicable law, unless a longer retention period is required by subpoena, warrant, court order, or another legal requirement. You agree to, and release ecoATM from any liability in connection with these
activities.

7. ecoTEXT Program
We may provide you with an opportunity to opt in to the ecoTEXT program. By opting in, you provide express written consent to receive automated commercial and informational text messages from us at the mobile number your provide. Message and data rates may apply to text messages and consent to the ecoTEXT program is not a condition of sale. You acknowledge that the content of our messages may contain materials copyrighted by us or third parties. Copyrighted materials cannot be copied, modified, publicly displayed or distributed by any means without the explicit permission of the copyright holder.

8. Price Lock Promotion
We may provide you with a promotion to lock in the price of your Device, for a period of seven (7) calendar days, (“Price Lock”). The Price Lock shall only be honored if you have not violated any of these terms and:

• You sell the Device, in which you received the Price Lock, to one of our kiosks within seven (7) calendar days from the date you received the Price Lock;
• The Device is not reported lost/stolen;
• The Device is in the same condition as when the Price Lock was made; and
• Find My iPhone is turned “off” on the Device.

9. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, ecoATM has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also limit access to our Services if any users infringe the intellectual property rights of others, whether or not there is any repeat infringement.

10. Copyright Complaints
If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

Name of Designated Agent: David Mersten, VP, Legal
Address of Designated Agent: 10121 Barnes Canyon Rd., San Diego, CA 92121
Telephone Number of Designated Agent: 858‐766‐7520
Facsimile Number of Designated Agent: 858‐597‐9830
E‐Mail Address of Designated Agent: ecoatmlegal@ecoatm.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

11. Materials and Trademarks
The information and materials provided through the Services, including any data, text, graphics, images, audio and video clips, logos, icons, software and links, and any intellectual property contained therein, (collectively, the “Materials”) constitute the property of ecoATM or its licensors or suppliers. You are granted a limited, non‐sublicensable license to access and use the Materials for your personal use; provided, however, that such license does not include the right to (a) use unauthorized data gathering or extraction methods, (b) access or use the Materials other than for their intended purposes, or (c) distribute, modify, transmit or publicly display the Materials without the written consent of ecoATM or its licensors or suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by accessing or using the Materials.

The trademarks, logos, and service marks displayed on the Services (collectively the “Trademarks”) are the registered and unregistered trademarks of ecoATM and our licensors and suppliers. The Trademarks owned by ecoATM, whether registered or unregistered, may not be used in connection with any product or service that is not ecoATM’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages ecoATM. Nothing contained in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of ecoATM or our licensors or suppliers. The terms “Materials” and “Trademarks” as used in this Agreement do not include third party trademarks, intellectual property, or other content or material owned by third parties and not covered under a license with ecoATM.

12. Hyperlinks
You are granted a limited, non‐exclusive right to create a text hyperlink to our websites for noncommercial purposes, provided that such link does not portray ecoATM or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use ecoATM’s logo or other proprietary graphics to link to our websites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any ecoATM trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on the Services without our prior written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of ecoATM or any third party.

ecoATM makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from our Services or of websites that link to our Services. Such sites are not under the control of ecoATM and ecoATM is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of a link does not imply affiliation, endorsement or adoption by ecoATM of any site or any information contained therein. You should also be aware that when you interact with these third party websites, the terms and policies of those third-party websites will govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Services.

13. Third Party Content
We may provide third-party content on the Services as a service to those interested in this information. We do not control, endorse or adopt any third party Content and make no representations or warranties of any kind regarding such content, including without limitation, regarding its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any third party content and undertake no responsibility to update or review such content. You access and use such content at your own risk.

Our Services allow you to access Google Maps. Please note that when you use Google Maps, you are subject to Google’s Terms of Service (available at http://www.google.com/policies/terms/), as amended by Google from time to time.

14. Third Party Products and Services
We may display advertisements and promotions from third parties on our Services or may otherwise provide information about or links to third party products or services. ecoATM does not endorse or make any representations or warranties regarding any third-party products, services, promotions or vendors. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable in any manner for any third party products or services, for any loss or damage of any sort incurred as the result of any products, services, dealings or promotions or as the result of the presence of such third party information on the Services.

15. Feedback
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, originals or creative materials or other information that you provide to ecoATM regarding our products or services are nonconfidential and shall become the sole property of ecoATM. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

16. User Content and Conduct
The Services may include interactive areas or services (“Interactive Areas”), such as forums, chat rooms. message boards, online hosting or storage services, or other areas or services in which you or other users can create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, misleading, fraudulent or otherwise objectionable;
• User Content that would constitute, encourage or provide instructions for a criminal
offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Unsolicited promotions, political campaigning, advertising or solicitations;
• Viruses, corrupted data or other harmful, disruptive or destructive files; and
• User Content that, in the sole judgment of ecoATM, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Services, or which may expose ecoATM or our users to any harm or liability of any type. You further agree that you are solely responsible for your conduct, and you agree that you will not do any of the following in connection with the Services or our users:
• Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
• Engage in fraudulent or dishonest activities in connection with the Services;
• Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
• Send, distribute or post spam, chain letters, or pyramid schemes;
• Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the website or to extract data;
• Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services;
• Harvest or otherwise collect information about users, including email addresses, without their consent; and
• Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates this Agreement.

ecoATM takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of this section of the Agreement is solely at our discretion, and failure to enforce these terms in some instances does not constitute a waiver of our right to enforce the terms in other instances. In addition, these terms do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain content that is prohibited by this Agreement. As a provider of interactive services, we are not liable for User Content and have no obligation to screen, edit or monitor such content. We do, however, reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored on the Service at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store at your sole cost and expense. Any use of the Interactive Areas or other portions of the Services in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services.

If you submit or post User Content to the Services, unless we indicate otherwise, you grant ecoATM a nonexclusive, royalty‐free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant ecoATM and our sublicensees the right to use the name that you submit in connection with such content, if they choose.

By submitting or posting User Content to the Services, you represent and warrant that: (a) such User Content is non‐confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Services, does not and will not violate this Agreement or any applicable law, rule or regulation.

17. Jurisdiction
The Services are solely directed to individuals residing in the United States. We make no representation that the Services, including all Materials contained therein, are appropriate or available for use in locations outside the United States.

18. Disclaimers
THE SERVICES AND MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ECOATM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON‐INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THUS THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. ECOATM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR‐FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER(S) ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON.

19. Limitation of Liability
NEITHER ECOATM NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR MATERIALS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR MATERIALS IS TO STOP USING THE SERVICES. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF ECOATM FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO FIFTY DOLLARS ($50). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

20. Indemnification
You agree to indemnify, defend and hold ecoATM and our affiliates, licensors, suppliers, advertisers and sponsors, and our respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) your activities in connection with the Services; (c) any User Content you post, store or otherwise transmit on or through the Services; (d) any feedback you provide; and (e) your violation of the rights of any third party.

21. Notice for California Consumers
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814 or at (916) 445‐1254 or (800) 952‐5210.

22. Arbitration; Applicable Law and Venue
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH ECOATM AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

You and ecoATM agree to arbitrate any dispute arising from this Agreement or your use of the Services, except that you and ecoATM are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

You and ecoATM agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to ecoATM shall be sent to ecoatmlegal@ecoatm.com. You and ecoATM further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in the County of San Diego, California; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (d) that the state or federal courts in the County of San Diego, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.

Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND ECOATM WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.

23. Termination
We reserve the right, without notice and in our sole discretion, to terminate your license to use the Services and to block or prevent your future access to, and use of, the Services.

24. Severability
If any provision of this Agreement shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

25. Contact Us
For additional information, please email inquiries to ecoatmlegal@ecoatm.com.
“Secondhand Dealer Lic. # 3711-2068”