Terms and Conditions for Participation in Trade-In Program ("Program")
3. SCOPE AND EFFECTIVE DATE OF TERMS AND CONDITIONS: These terms and conditions apply to your use of the Tool, the Site and your participation in the Program offered and maintained by Clover Wireless.
5. LIMITATION OF LIABILITY: The Program is offered and supported solely by Clover Wireless. Any and all transactions processed on this Site are exclusively the responsibility of Clover Wireless and the user. Neither Clover Wireless or Samsung will be liable for any damages of any kind arising out of or relating to the use or the inability to use this Tool, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure, lost profits and all other direct, indirect, special, incidental, exemplary or consequential damages even if Clover Wireless and Samsung have been advised of the possibility of such damages. Notwithstanding the foregoing, your exclusive remedy and the total liability of Clover Wireless or Samsung to you for all losses, damages, and causes of action, including but not limited to those based on contract, tort, or otherwise, arising out of your use of this Tool, its content or links, shall not exceed the amount you paid to access this Tool.
7. ELIGIBILITY TO PARTICIPATE IN PROGRAM:
7.1 Prohibited Conduct. If you choose to participate in this Program, or a promotion or other Clover Wireless sponsored activity ("Web Site Activity"), you agree to comply with any rules or regulations governing such Web Site Activity. Additionally, as a condition of your continued participation in the Web Site Activity, you agree not to: 1) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2) harm minors in any way; 3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Web Site Activity; 5) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 10) "stalk" or otherwise harass another person or entity; or 11) collect or store personal data about other users. You agree that violation of any of the foregoing, which shall be determined in Clover Wireless's sole discretion, will result in your immediate disqualification from participant in the Web Site Activity, and may result in additional legal actions being taken by Clover Wireless.
7.2 Program Requirements. In order to participate in the Program, you must have an eligible used phone as defined by the on-line Tool. You can identify if the used phone is eligible by utilizing the drop down menus to pick the make, model, and carrier for the used phone. If you cannot find the make or model and believe this is in error, you can notify us via the Site's Customer Support page. The Program is only valid within the United States. You must be a minimum of 18 years of age to participate. The Program is not valid on stolen property. The site is for the exclusive use by consumers and is strictly prohibited for use by Wireless Dealer's or corporate accounts. There is a maximum of five (5) trade-ins per month per individual customer. A valid proof of purchase is a) an original invoice with the IMEI number printed on it or b) a copy of the UPC code with the IMEI code printed on it. A copy of a UPC code is only permitted once as a valid Proof of purchases. Clover Wireless has the right to reject any trade-ins for promotional trade-in submissions where 1) the used phone is submitted by anyone other than the user of the used phone and 2) when the used phone was not active at the time of the new phone purchase and 3) there is an invalid proof of purchase or 4) we believe there to be fraudulent intentions. Without a valid proof of purchase, you will not be paid the promotional trade-up amount.
8. HOW IT WORKS: The Tool will reflect the value of a used phone based upon the manufacturer, model and condition of the phone ("Trade-Up Value"). The Tool will generate a receipt that which includes an acknowledgment by the you that (1) you understand you are selling the phone in consideration for the Trade-Up Value; (2) by accepting such Trade-Up Value, you are giving up full ownership rights to the phone; (3) you understand the phone will not be eligible for return; (4) you are responsible for removal of all personal information before relinquishment of handset; (5) you have been advised of any return policy regarding the purchase of a new handset or accessory; and (6) you are responsible for deactivating the used phone and ensuring you retire any outstanding balance. Used phones received after 30 days following the initial quote date or after the promotional postmark date will be rejected or re-priced at the current market price solely at the discretion of Clover Wireless. Failure to accept the terms and conditions, shall impact your eligibility to participate in this Program.
9. DEACTIVATION OF SERVICE: Clover Wireless, its vendors or Samsung are not responsible for previous or subsequent airtime charges accrued to your phone prior to or following participation in the Program. Should any airtime charges occur, it is your responsibility to resolve any payments issues.
10. VALID ESN OR IMEI NUMBERS: All used phones must have a valid Electronic Serial Number (ESN), International Mobile Equipment Identity (IMEI) number, or Mobile Equipment Identifier (MEID).
11. CONDITION OF TRADE-UP PRODUCT: To receive your full redemption value, you must accurately state the condition of the used phone and have all required documentation. An inspection will be performed by Clover Wireless upon receipt of your used phone. The used phone must power up, and be fully functional, with no liquid damage or mechanical damage and no missing parts. In order to receive your credit, Clover Wireless must first receive your used phone and the printed redemption form supplied by the tool upon acceptance, which form has been signed by you. If the used phone's condition differs materially from that which you described, Clover Wireless reserves the right to unilaterally re-price your transaction quote based upon the current Trade-Up Value for the condition of your used phone. In the event the used phone does not meet the Trade-Up requirement, Clover Wireless will make an adjusted payment based upon the current price list for the model and condition of the used phone.
12. RIGHT, TITLE AND INTEREST IN THE USED PHONE: You must verify that you own the right, title, and interest in the used phone Traded-Up in the program.
13.RETURN OF USED PHONE OR CONTENT THEREIN: Once you trade-in used phone, Clover Wireless or its vendors will not be able to return the used phone or any of its contents including accessories or data contained in the used phone. All transactions are final and non-returnable. There will be no substitutes or replacements provided.
14. PAYMENT: The redemption value can be applied as stated on the redemption form generated by the Trade-Up tool upon your acceptance. After purchase, you must ship in the used phone within 30 days or the required postmark date, whichever comes first and meet the eligibility requirements. You will receive the credit for the redemption value 2-4 weeks from the time of receipt of the used phone. Redemptions checks that are mailed to you, but returned by the Postal Service will be forfeited and not re-mailed.
15. PREPARING THE USED PHONE FOR TRADE-UP: To receive your redemption value, you must include the requested documentation including the system generated trade-in voucher, Proof or Purchase or other and ship in the used handset you wish to recycle to Clover Wireless. Proof of purchases may be copied only once from an original document. Clover Wireless or its vendors are not responsible for items that are lost or stolen in transit. Clover Wireless has the right to deny any trade-in claim without a valid Proof of Purchase.
16. REMOVAL OF PERSONAL DATA FROM THE USED PHONE: Clover Wireless will remove any personal data from your used phone. You may also choose to remove all personal or confidential information yourself. For information on how to remove personal data, please see the FAQ 'How do I remove data from my old Wireless Phone?' available online.
18. TERMINATION: You agree that Clover Wireless in its sole discretion, may terminate or restrict your use or access to this Program (or any part thereof) for any reason, including, without limitation, that Clover Wireless believes you have violated or acted inconsistently with the letter or spirit of these Terms of Service, the terms, conditions, or rules of a sweepstakes, contest, or other promotion contained within the Site.
19. PRIVACY AND INFORMATION SHARING: In order to fulfill your Trade-Up request, you will share your contact information with Clover Wireless.
20. FOR ADDITIONAL INFORMATION: If you have any questions that the Trade-Up Tool's FAQs page cannot answer, please notify us by completing the form on the Trade-Up Tool's Customer Support page.