GIZMOGUL CUSTOMER TERMS AND CONDITIONS
1. Processing. Upon receipt of your electronic devices (the “Items”), Company will appraise the contents for payment. During this process the Items’ value are assessed and payment will be promptly issued to you (the “Payment”). All transactions shall be deemed final, binding and irrevocable.
2. Age. You represent and warrant that you are over the age of eighteen years of age. We reserve the right to request documentation to verify your age. We may also request that you verify your age by entering your age and information on our website.
3. Ownership. You hereby represent and warrant that all Items you send to us are owned by you and that no other person or entity’s permission is required to process the Items purchased by us. You agree to indemnify and hold Gizmogul, Inc., its employees and subsidiaries, harmless from and against any claims brought by a third party claiming ownership of any items purchased from you by us.
4. Packaging. You are responsible for packaging your Items. Should we receive damaged or open packages, we reserve the right to return the package to you without any liability. We do not insure your Items, such insurance may be purchased by you and is available through various third party insurers. We do however guarantee the Items properly packaged by You and received by us. The guarantee is as follows: In the event that your Items are lost, notwithstanding your compliance with the shipping and packaging procedures set forth by us, we shall pay you one third of the value of the Items, as supported by purchase and sale receipts, up to the maximum sum of $100. You hereby understand and agree that we shall not be liable for any loss in excess of $100 and you hereby waive any claims to recover additional damages resulting from the loss or destruction of your Items.
5. Promotions & Donations. Company reserves the right to conduct fundraisers and charity drives with certain organizations or partnerships of their choosing both online and offline. The terms and conditions of these promotions shall be posted clearly on the Site. You acknowledge that You understand that the Company is not responsible for, nor can we control, the use of any funds raised and donated to the organizations, however, it is Gizmogul, Inc.’s intent to work with vetted organizations with the best intentions.
6. Use of Software, Content, and other Intellectual Property. All information, materials, software, information, content, submissions, audio visual content, icons, insignia, trademarks, tradenames, copyrights, patents, and any and all other materials, paradigms or systems (the “Material“) contained on the Site are the sole and exclusive property of Company or the copyrighted property of Company’s licensors or licensees and may not be utilized in any manner except as provided for hereunder and with Company’s express written permission. Any Material posted on the Site that may be downloaded, is/are to be for your personal use only and you may not convert, convey, license, assign, encumber, copy or transfer such personal license to any third party. Subject to Your acceptance of the Terms and Conditions set forth in this Agreement, Company agrees to grant you a limited personal non-transferable right to access the contents of the Site.
7. Posted Material. Any material posted by you on the Site shall be deemed works made for hire for the Company. Accordingly, all intellectual property rights of every kind and nature in and to such “uploaded” material shall be the sole and exclusive property of the Company in perpetuity. Such Posted Material may include, but shall not be limited to, blogs, text, pictures, sound bytes, links, videos, submissions, suggestions and ideas.
8. Changes to Terms. This agreement is subject to change by the Company at any time and changes shall become effective upon posting on the Site or via hyperlink to another Site. You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.
9. Grant of Limited License with Reservations. You acknowledge and agree that all materials contained on the Site are proprietary and constitute valuable copyright, trademark and other intellectual property owned by the Company or others who have licensed or authorized use of such materials to the Company. You acknowledge and agree that as such You may only access, view, download, receive and otherwise use the materials available at the Site only as authorized by the Company.
10. Acknowledgement. You acknowledge that You understand that the Company does not authorize access to any part of the Site in any manner contrary to the express provisions of this Agreement.
11. Warrant. You further represent and warrant to the Company that Your agreement to these terms and conditions constitutes an agreement that You shall not access, or attempt to access, any materials available at the Site in a manner not expressly authorized by the Company. You agree and warrant that You shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials, directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt or other use.
12. Indemnification for Unauthorized Use of Proprietary Materials. You agree to be personally liable and fully indemnify the Company and its successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of materials from the Site by You alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from the Site including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney’s fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
13. Company’s Proprietary Rights to Content. Except for public domain material or material otherwise licensed to or authorized for use by Company for electronic dissemination, all Materials displayed at or otherwise available through the Site is proprietary, and, may not be copied, redistributed, or downloaded, in whole or in part, without the prior written authorization of Company. All editions of the Site, and all Materials and other matter used directly or indirectly in, at, by, through and/or with the Site is protected by the copyright laws of the United States, international copyright treaties and other laws and regulations. All rights are reserved. All intellectual property and other rights in and to the Materials and other matter at the Site shall at all times remain in Company, its parent(s), subsidiary(ies), licensee(s) and assign(s). All intellectual property and other rights in and to any intellectual property content accessed through the Materials is the property of the applicable content owner, which may be the Company, its parent(s), subsidiary or subsidiaries, licensee(s) and assign(s), or others, and may be protected by applicable copyright and/or other laws. The limited and non-exclusive license granted to You herein grants to You no rights to use such content except as set forth herein. This license will immediately terminate automatically if You fail to comply with the limitations described herein, breach any other provision of this Agreement, cease, for any reason, to be a User in good standing, or are notified of its termination by the Company or its authorized agent(s). You agree that upon such termination, You will immediately destroy all copies of the Materials in Your possession. For the purpose of this paragraph, a “User in good standing” is a User who has not violated any of the Terms and Conditions of Use of this website.
14. Disclaimer Regarding Third Party Content/Limitation of Liability.
a. You acknowledge that You understand that we are not responsible for, nor can we control, the use by others of any information which You provide to them through the Site, or otherwise.
b. You acknowledge that You understand that we cannot ensure nor do we make any representations or warranties regarding the security or privacy of information that You voluntarily provide through the Internet and Your email messages, and that You release us from any and all liability in connection with the use or misuse of such information by other parties;
c. You further acknowledge that You understand that we do not control the content of any information, messages, communication or other materials posted or uploaded by Users of the Site, including without limitation all Advertisers, and that consequently You release us from any and all liability and responsibility in connection with the content of any information, messages, communication or other materials You may receive from other Users of the Site.
d. You further acknowledge that You understand that we do screen, endorse, monitor, control, investigate, supervise or verify any advertisements or communications submitted to the Site by third-party licensees, advertisers, or Users for electronic dissemination through the Site. All Users of the Site is therefore cautioned and advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of the Site prior to purchasing goods and/or services described at the Site or otherwise responding to any communication at the Site.
e. Some of the content of the Site might be accessed by You via hyperlinks which will connect You to third-parties, or to third-party Site that may provide content to the Site. We have no editorial control or supervision over selection or display of the content provided by those third parties or those third-party Site and those parties are solely responsible and liable for that content.
15. Disclosure and other Communication. We reserve the right to send electronic mail to You, for the purpose of informing You of changes or additions to the Site, or of any of our related products and services. We reserve the right to disclose information about Your usage of the Site and demographics in forms that do not reveal Your personal identity. We do not collect, sell, trade, or give away any personal information in any way. Our site may set cookies on your computer to facilitate your navigation while on our site. Our sites may contain links to other sites. We are not responsible for the privacy practices, content or lawfulness of the linking sites.
16. Your Consent to Receive Email. You hereby grant us the right, from time to time, at our discretion to send You commercial, advertising or informational emails at Your email address. You acknowledge that we may rely upon Your viewing of the Site as Your permission to us to send You such emails. Furthermore, You grant us the right to continue to send You such emails until You specifically notify us that You wish us to stop sending You said emails.
17. Liability of Users for Information they Post. The Company may in its discretion provide a service that enables authorized Users to communicate with or otherwise share information with other Users or persons who offer to provide any kind of service to Users, or to post information at, in or on the Site. If the Company provides such service and if You make use of the service, You agree that You will not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, fraudulent or illegal material or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person. You acknowledge that transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited by the Company and You further agree that any transmission of such material by You shall constitute a material breach of this Agreement entitling Company, without notice and without any liability for damages or reimbursement to You, to immediately terminate Your rights to access to the Site.
a. You acknowledge and agree that You, and not the Company, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which You submit, publish, display, disseminate or otherwise communicate through the Site even if a claim for damages or liability should arise after termination of service.
b. If the Company provides any such service described herein, You agree that all messages and other communications by You shall be deemed to be readily accessible to all other Users who are authorized to access the Site and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, You agree that You have hereby been informed and noticed that any and all messages and other communications which You submit to Company directly or through the Site can be read by the operators and/or other agents of Company, whether or not they are the intended recipient(s).
18. Notices to Company or Users. Notices from the Site to authorized Users may be given by means of electronic messages or by general posting on the Site. Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement. All questions, complaints, and notices to Company by means of electronic mail must be sent to Customer Service at the contact page.
19. Entire Agreement. This Agreement contains the entire agreement between the authorized User and Company regarding use of the Site, and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company. You acknowledge and agree that the terms and conditions of this Agreement are subject to change by Company at any time and shall be effective after notice to Users by posting at or via hyperlink to the Site.
20. Venue and Jurisdiction. The Agreement shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. Gizmogul, Inc’s failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties. intentions as reflected in the provision and the other provisions of the agreement remain in full force and effect. Both you and Gizmogul, Inc. expressly waive all right to trial by jury in the event of any dispute having connection, related to or arising out of the use of the services offered by Gizmogul, Inc. You agree that regardless of any statute or law to the contrary, any claim, lawsuit or cause of action arising out of or related to use of the services offered by Gizmogul, Inc. must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree and understand that the one (1) year period to bring a claim, lawsuit or cause of action may be a period of time that is less than the statute of limitations in the jurisdiction where the claim, lawsuit or cause of action is brought and you have waived the extended period of the statute of limitations, if applicable. Any such claim or cause of action must be filed in Norfolk County in the Commonwealth of Massachusetts. Gizmogul, Inc. shall be entitled to reimbursement for any and all costs incurred by it in defending any civil action filed or attempted to be filed in any jurisdiction outside of Norfolk County in the Commonwealth of Massachusetts, including but not limited to, attorney’s fees incurred by Gizmogul, Inc.
21. Unenforceability of Provisions. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.
22. Donations. Gizmogul offers a donation program for individuals, schools and corporations who would like to ensure their electronic devices are refurbished, properly recycled or disposed of in accordance with all federal, state and environmental regulations.Gizmogul strives to recycle eWaste in the most efficient manner with the least amount of environmental impact. For specifics regarding Gizmogul’s philanthropic partnerships and charitable contributions visit their website at gizmogul.com/donate Gizmogul reserves the right to reject a shipment if it does not meet their criteria. All donations are final and cannot be returned.
23. Certificate of Data Destruction. Gizmogul assures that all devices recycled through them will be wiped free of personal data and information. If you would like to request a Certificate of Data Destruction, please let us know via email or by phone prior to sending in your Items. Our contact info can be found here on the contact page.
Thank you for your business!