THIS IS A LEGAL AGREEMENT BETWEEN YOU AND POWERON SERVICES, INC. (“SERVICE PROVIDER”) STATING THE TERMS THAT GOVERN YOUR USE OF THIS SERVICE PROVIDER PROGRAM. THESE TERMS AND CONDITIONS–TOGETHER WITH ALL UPDATES AND ADDITIONAL TERMS–COLLECTIVELY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND SERVICE PROVIDER. TO AGREE TO THESE TERMS, CLICK “AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU; CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND SERVICE PROVIDER MAY REFUSE ACCESS TO THE SERVICE PROVIDER SERVICE FOR NON-COMPLIANCE WITH ANY PART OF THIS AGREEMENT.
YOU ACKNOWLEDGE AND AGREE THAT THE RESPONSIBLE REUSE AND RECYCLE SERVICE IS BETWEEN YOU AND SERVICE PROVIDER ONLY, AND 12TH MAN TECHNOLOGY IS NOT LIABLE FOR AND DOES NOT WARRANT SUCH SERVICE.
Agreement. By participating in this program, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS and all disclaimers and terms and conditions that appear elsewhere on this web site. It is your responsibility, prior to participating in this responsible recycle and re-use program, to read these Terms and Conditions carefully to understand your rights and obligations. If you are dissatisfied with this program, its content, or these Terms and Conditions, you agree that your sole and exclusive remedy is to discontinue using the program.
Customer Eligibility. To participate in this program, you must: (a) be at least 18 years old; (b) ship products from the United States only; and (c) have a physical address located in the United States. Products shipped from outside the United States will not be accepted or returned. You represent and warrant that you have the legal right to provide all items you submit for this program and that the items are not counterfeit or stolen. You must have the right, title, and interest in any and all products you seek to provide to Service Provider. Such products, or the sale and shipment of such products, must not violate any applicable laws, statutes, ordinances, or regulations including export laws. You are responsible for complying with any and all such laws. The physical transfer of product from you to 12th Man Technology is between you and the 12th Man Technology and you are responsible for complying with all secondhand dealer laws. Any products you seek to provide through the 12th Man Technology using Service Provider's services: (1) shall not infringe any third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights); (2) shall not be counterfeit, stolen, or fraudulent. You represent and warrant that the products are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due. By using the Service Provider service, you agree to indemnify Service Provider from all claims or losses sustained by Service Provider as a result of any breach of this warranty.
Products. Service Provider reserves the right, in its discretion, to choose whether to offer value for your product. All quotes are based on Service Provider's own determination of the product value with the information you provide. Service Provider will use its discretion to determine the product value, weighing several factors that may include but are not limited to the product's model and condition. Upon receiving a quote, you have the option to sell your product to Service Provider.
Data Destruction. Once received at Service Provider’s facility, Service Provider will fully and permanently destroy all Customer and use-related data each Product shipped to Service Provider under this Agreement, such that all Device Data are completely and permanently removed from the Product and destroyed (“Data Destruction”). The Data Destruction service will be performed in a timely, professional manner with the highest standards of care, skill, and diligence used by persons who are skilled, trained and experienced with respect to such services and in compliance with this Agreement, without limiting the foregoing, Service Provider shall meet or exceed current NIST Special Publication 800-88 recommendations.
You must back up your data and then erase it from your product before shipping. By sending Service Provider your product, you agree to, upon its acceptance by Service Provider, release us from any claim as to the product, the data stored in such product, or any information on any media used in conjunction with the product and which you send to Service Provider, or for such data's security, integrity, confidentiality, disclosure, or use. Service Provider is not responsible for any loss suffered by you due to any data that is not erased from the product. By using this Program, you assume the risk of data loss during Product transit to Service Provider’s facility.
All Decisions Are Final. Title of the product passes to 12th Man Technology upon 12th Man Technology's confirmation of payment to you. Title of the product also passes to Service Provider upon Service Provider's confirmation to 12th Man Technology of payment pending after Service Provider's physical inspection and 12th Man Technology's acceptance of a recalculated quote (if any). If Service Provider does not accept the product, for whatever reason, title shall not pass and shall remain with 12th Man Technology. All decisions of acceptance or rejection of your quote are final. This offer is non-transferable, non-refundable, not redeemable for any other consideration other than what is quoted by Service Provider. Quotes offered by Service Provider are subject to, and may, change without notice; Service Provider will terminate quotes on certain products at any time and without advanced notice.
Product Handling. You understand, agree, and permit the Service Provider to recycle, shred, destroy, repair, resell, donate, and otherwise handle the product in any manger it deems fit. The product includes the equipment you trade in and any other product you ship with it, which includes, but is not limited to, computer systems and accessories, mobile devices and accessories, storage devices, electronics, peripherals, and other consumer electronics.
Other Terms and Conditions
Service Provider reserves the right to change these terms and conditions at any time.
All transactions through the 12th Man Technology are governed by the laws of the State of California, without giving effect to its conflict of law provisions. Each party (i) consents to the exclusive jurisdiction and venue of the federal and state courts located in County of Placer, State of California in any action arising out of or relating to this agreement; (ii) waives any objection it might have to jurisdiction or venue of such forums or that the forum is inconvenient; and (iii) agrees not to bring any such action in any other jurisdiction of venue to which either party might be entitled by domicile or otherwise.
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Service Provider reserves the right to takes steps Service Provider believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions (including but not limited to Service Provider's right to cooperate with any legal process relating to your use of the service and/or the products provided, and/or a third party claim that your product is unlawful and/or infringes such third party's rights). You agree that Service Provider has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Service Provider believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions.
SERVICE PROVIDER WARRANTS THAT IT WILL PROVIDE THE SERVICE WITH REASONABLE CARE AND SKILL AND SUBSTANTIALLY IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. EXCEPT AS PROVIDED HEREIN, THERE ARE NO OTHER WARRANTIES, CONDITIONS OR PROMISES ABOUT THE SERVICE, EXPRESSED OR IMPLIED, AND ALL SUCH WARRANTIES, CONDITIONS AND PROMISES ARE EXCLUDED TO THE FULL EXTENT PERMITTED BY LAW.
SERVICE PROVIDER WILL NOT BE LIABLE FOR ANY LOSS OF ANY DATA DURING PRODUCT SHIPPING TO SERVICE PROVIDER’S FACILITY.
SERVICE PROVIDER WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, BUSINESS OR PROFITS, OR FOR ANY LOSS OR CORRUPTION OF DATA IN CONNECTION WITH YOUR USE OF THE SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT THE RESPONSIBLE RECYCLE AND REUSE SERVICE IS BETWEEN YOU AND SERVICE PROVIDER ONLY, AND 12TH MAN TECHNOLOGY IS NOT LIABLE FOR AND DOES NOT WARRANT SUCH SERVICE.