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 through which you can donate certain iPad(s) (the "iPads") after requesting a FedEx shipping label from ecoATM by emailing iPads4hospitals@ecoatm.com ("Donation" or “Donate”). BY DONATING YOUR IPADS, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT SEND US YOUR IPADS.
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, by updating the "Last Updated" date at the top of this Agreement. By continuing to Donate after such notice is provided, you confirm your acceptance of the modified Agreement. If you do not agree to the modified Agreement, you must not make a Donation.
1. About These Terms. These Terms govern any iPads Donation through ecoATM. You acknowledge that this Agreement is in electronic form and has the same force and effect as an agreement in writing. In these Terms, "you" or "your" means an individual or entity exercising rights under this Agreement.
2. Requirements for Donation. In order to complete a Donation with us, you must: (i) Contact us at iPads4hospitals@ecoatm.com; (ii) Provide true, up to date and accurate information that is required about yourself (or company/ agency) and any iPads you submit to us; (iii) Comply with the terms and conditions of this Agreement; (iv) Comply with all applicable laws and regulations, including all import and export laws as described in Section 9 below; (v) Be over eighteen (18) years of age and have the legal capacity to enter into agreements and to convey title and interest in any iPads that you submit to us; (vi) Represent and warrant that You have the power and authority to transfer all right, title and interest in iPads to ecoATM, and that nothing prevents you from Donating Your iPads to us; (vii) iPads must be shipped from within the United States; and (vii) once you ship us your iPads, you are transferring all rights, title and interest in and to the iPads.
3. Shipping. Shipping is free. ecoATM will provide you with a prepaid shipping label and boxes for shipment. Free shipping is only valid within the 50 United States based on the original delivery address. Any cost of shipping for failing to use the supplied label is your responsibility.
4. Fitness for Sale. Phone and Internet Service. You must have all right, title, and interest in any and all iPads you seek to donate to ecoATM. The iPads and the Donation and shipment of such items to ecoATM: (a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws as described in Section 9 below, (b) may not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), and (c) shall not be stolen, fraudulent, fake, counterfeit, imitation, mock-up, dummy or reproduction of an electronic device. You represent and warrant that the iPads are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due. By sending the iPads to ecoATM, you agree to indemnify ecoATM from all claims or losses sustained by ecoATM as a result of any breach of your representations and warranties. It is your responsibility to discontinue phone, Internet and/or any similar service on your iPads prior to sending it to ecoATM. ecoATM is not responsible for any service charges related to your iPads, whether you incur such charges before, during or after your Donation. It is also your responsibility to remove any security codes that would prevent use of any iPads.
5. Removing Data From iPads. To protect your information, we suggest you remove any personal, private, or confidential files or information stored on your iPads before you send your iPads to ecoATM. ecoATM will put the iPads through a data wipe process. ecoATM will attempt to destroy data that may be stored on the iPads or the iPads memory chips by attempting to perform a factory reset. You are solely responsible for backing up and storing any data you wish to keep from your iPads. ecoATM is not responsible for any data or information on the iPads.
6. iPads Inspection. Packing and shipping recommendations provided to you by ecoATM should be followed in order to avoid possible damage to or loss of the iPads in transit. ecoATM will inspect all iPads that are received. ecoATM has the option to accept or reject the iPads, including without limitation, to reject any iPads not conforming to the description you provided to us, any iPads modified in such a way that it no longer conforms to the original factory specifications, any iPads no longer complying with applicable laws or regulations (e.g., FCC rules, etc.) and/or any iPads damaged or lost in transit.
7. Releasing Rights to iPads. Once you send ecoATM your iPads for Donation, ecoATM cannot and does not guarantee that it will be able to honor any request for return of the iPads and/or any data or information contained on the iPads(s). 8. Passing of Title. Title to the applicable iPads sent to ecoATM for Donation passes to ecoATM upon the post mark date of their shipment to ecoATM.
9. Compliance with Applicable Laws. You agree to comply with all applicable laws and regulations related to this transaction. You agree that all devices will be shipped from within the United States. You agree to comply fully with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly transfer any iPads without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances in order to convey any iPads to ecoATM in connection with a Donation, including without limitation, valuation, classification and duties applicable with the import of any goods. Please note: U.S. trade sanctions administered by the Office of Foreign Assets Control (OFAC) generally prohibit the importation into the United States (including U.S. territories), either directly or indirectly, of most goods, technology, or services (except information and informational materials) from, or which originated from, Iran, Iraq, Libya, North Korea, Serbia, or Sudan; from foreign persons designated by the Secretary of State as having promoted the proliferation of weapons of mass destruction; named Foreign Terrorist Organizations; designated terrorists and narcotics traffickers. You may not Donate any iPads that would violate the provisions of this Section 9.
10. No Warranties. 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.
11. Limited Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ECOATM OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE "ECOATM PARTIES") BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO YOUR TRANSACTIONS WITH ECOATM UNDER THIS AGREEMENT REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF ECOATM AND THE ECOATM PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR DONATION AND ECOATM EXCEED $100. THE LIMITATIONS SET FORTH IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, MALICIOUS OR RECKLESS MISCONDUCT, OR FOR PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO THIS AGREEMENT.
12. Indemnity. You agree to indemnify, defend, and hold harmless ecoATM and the ecoATM Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation or breach of any terms under this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
13. Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The captions are used only as a matter of convenience and are not to be considered a part of this agreement or be used in determining the intent of the parties to it. No waiver by ecoATM of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Sections 5, 6 and 10 through 15 shall survive termination of this Agreement.
14. 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.
15. 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 Donation, 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 firstname.lastname@example.org. 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.
If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email email@example.com.