User Agreement

INTRODUCTION

SmartphoneRecycling.com, owned and operated by GRC Wireless, Inc. (hereinafter GRC WIRELESS) provides an online website for consumers, businesses, and organizations (hereinafter “PARTICIPANT”) to sell their retired cell phones, smartphones, iPads, and iPods (hereinafter “PRODUCT”). The use of SmartphoneRecycling.com is governed by the terms and conditions set forth in this User Agreement (hereinafter “AGREEMENT”). Your use of this site and/or placement of a transaction indicates your acceptance of the terms and conditions set forth in this AGREEMENT.

ELIGIBILITY TO CONTRACT

SmartphoneRecycling.com is only available to PARTICIPANT(s) who can form legally binding contracts under applicable law.

TITLE

PARTICIPANT must be the sole and rightful owner of the PRODUCT or have legal title to the PRODUCT. All PRODUCT must be free of any liens and/or claims by any third party.   PARTICIPANT agrees to transfer all title and interest in the PRODUCT to GRC WIRELESS upon the receipt of PRODUCT at the GRC WIRELESS / SmartphoneRecycling.com facility in Hollywood, Florida.

If PRODUCT is from a Lost & Found, PARTICIPANT agrees to comply with all applicable state or regional laws regarding the disposition of lost & unclaimed property, including compliance with applicable waiting periods and coordination with local law enforcement, if required.   PARTICIPANT must have title to Lost & Found PRODUCT before shipping PRODUCT to GRC WIRELESS.

PRODUCT PRICES

PRODUCT prices (hereinafter “PRICES”) are available on our website SmartphoneRecycling.com.  PRICES may be changed at any time without notice.

If PARTICIPANT ships less than $10 in PRODUCT value, payment will not be issued.  For shipments less than $10 in value, the PRODUCT will be responsibly recycled without payment to PARTICIPANT or communication back to PARTICIPANT.  Shipments less than $10 in value fall under our “free recycling” service.

PARTICIPANT must ship a minimum of 10 phones. If PARTICIPANT ships less than 10 phones, payment may not be issued.  PARTICIPANT reserves the exclusive right to withhold payment for shipments with less than 10 phones.

If PARTICIPANT chooses to donate PRODUCT to benefit Operation Gratitude or other nonprofit organizations, payment will be issued by PARTICIPANT directly to Operation Gratitude or the nonprofit organization. PARTICIPANT will receive a certificate detailing the shipment summary and proceeds issued to Operation Gratitude or nonprofit organization.

NO RETURNS

Once PRODUCT is received by GRC WIRELESS, it cannot be returned to PARTICIPANT.

SHIPPING

GRC WIRELESS will not be liable for any damages or loss of shipment during any mode of transit, regardless of whether PARTICIPANT used GRC WIRELESS’ FedEx Prepaid labels.   PARTICIPANT is free to arrange shipping at his/her own expense, and insure any shipment accordingly.

WIRELESS SERVICE

It is the responsibility of the PARTICIPANT to discontinue service on PRODUCT sold to GRC WIRELESS before initiating a transaction. GRC WIRELESS is not responsible for previous or subsequent airtime charges accrued prior, during, or after any transaction. Should any airtime charges be accrued, it is the responsibility of the PARTICIPANT and service provider to resolve payment issues.

ILLEGAL

GRC WIRELESS will report to the proper authorities and if required, surrender to the proper authorities any PRODUCT that has stored on it illegal data, including but not limited to child pornography and any evidence of illegal activity.

PERSONAL DATA IN DEVICES

GRC WIRELESS recommends that PARTICIPANT remove all personal data from PRODUCT, including but not limited to address book entries, text messages, pictures, and emails. Additionally, GRC WIRELESS recommends that PARTICIPANT remove any SIM Cards and memory cards, if applicable.

Under the GRC WIRELESS Standard Data Erasure policy, which is the default option for all PARTICIPANT(S), GRC WIRELESS will use reasonable efforts to factory reset devices; however, GRC WIRELESS does not guarantee that it will erase data in PRODUCT. Furthermore, GRC WIRELESS may employ select third party customers to perform the data erasure on selected models, particularly older wireless devices and DOA (“Dead on Arrival” or “No Power”) devices, and that process will not be supervised, monitored or guaranteed by GRC WIRELESS.

Under the GRC WIRELESS Certified Data Erasure policy, which must be requested by PARTICIPANT and approved in writing by GRC WIRELESS, GRC WIRELESS will use reasonable efforts to factory reset devices or ensure the device is physically destroyed; however, GRC WIRELESS does not guarantee that it will erase data in PRODUCT. Furthermore, PARTICIPANT expressly acknowledges that the factory reset process may not include the removal of an activation lock (e.g. Apple iCloud lock or Google lock.) PARTICIPANT acknowledges that GRC WIRELESS may sell or transfer PRODUCT containing an activation lock.

PARTICIPANT agrees to release GRC WIRELESS from any claim as to the data stored in PRODUCT, or data stored in SIM cards or media cards used with the PRODUCT, or for such data’s security, confidentiality, disclosure or use. GRC WIRELESS is not responsible for a) any loss suffered by PARTICIPANT due to any data that is not erased or removed from PRODUCT, or (b) any loss of data after PARTICIPANT submitted the PRODUCT to GRC WIRELESS.

RIGHT TO CANCEL

GRC WIRELESS may void any transaction at any time during the trade-in process. If GRC WIRELESS elects to void a transaction, the PRODUCT will be RETURNED to PARTICIPANT.

COMMUNICATION & EMAILS

GRC WIRELESS will send periodic emails to PARTICIPANT.  PARTICIPANT agrees to receive such emails, although PARTICIPANT may “opt out” of emails at anytime through the “unsubscribe” option on the email.   GRC WIRELESS will not sell or disseminate PARTICIPANT emails to any third party company or organization.

LIMITATION ON LIABILITY

PARTICIPANT agrees that SmartphoneRecycling.com, their affiliates and partners, will not have any liability to PARTICIPANT in excess of the PRICES to the PRODUCT.  In no way will GRC WIRELESS, SmartphoneRecycling.com, their affiliates and partners be liable for any indirect, consequential, punitive, incidental, special, or exemplary damages, whether foreseeable or unforeseeable, even if GRC WIRELESS was advised of the possibility of such damages arising out of this AGREEMENT and PARTICIPANT’s use of GRC WIRELESS.

INDEMNIFICATION

PARTICIPANT hereby agrees to indemnify and hold harmless GRC WIRELESS against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of, or resulting from any intentional, reckless, or negligent act or omission of PARTICIPANT in the use of SmartphoneRecycling.com.

AMENDMENT

GRC WIRELESS may amend this agreement at any time without notice. Any amendments will be posted to this website, and will be effective immediately after they are posted.

SUSPENSION AND TERMINATION

GRC WIRELESS may temporarily suspend, indefinitely suspend or terminate PARTICIPANT use of SmartphoneRecycling.com if PARTICIPANT: (i) breaches this Agreement, (ii) provides us with false information or we are unable to authenticate any information provided, or (iii) infringes the intellectual property rights of others.

TERMINATION

Your use of SmartphoneRecycling.com may be terminated or suspended by us if you do not comply with this Agreement, our policies and procedures, or for any other reason we determine, in our sole discretion, is necessary.

INDEPENDENT CONTRACTOR

PARTICIPANT and GRC WIRELESS will operate under this Agreement as independent contractors, and the relationship in no way constitutes or gives rise to a partnership, joint venture, or agency relationship between the parties.

GOVERNING STATE

This AGREEMENT shall be governed by and interpreted in accordance with the laws of the State of Florida without regard to the conflicts of laws and principles thereof.