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Legal Terms and Conditions of Use - BuyBack Program


Participation in Buyback Program

The Buyback Program (the "Program") is a service provided by Clover Wireless, LLC ("Clover Wireless") to customers of Microsoft Corporation ("Microsoft"). Clover Wireless is solely responsible for receiving and processing all devices submitted hereunder, and for issuing all credits under this Program. By participating in the Program and using the Program website (the "Website"), you agree to these Terms and Conditions. The Program is only valid in Canada. Back to top of Page

Eligibility to Use the Program

In order to use the Program, you must be eighteen (18) years of age or older, and you must be the owner of an electronic device that you wish to dispose of through the Program ("Used Device"). The Used Devices accepted are those that are depicted on the "Identify Your Equipment Type" category page on the Website. Clover Wireless does not accept any other device for Buyback credit that is sent and at no time will they return any such other devices received. In addition, you must have purchased a new Windows device running either Windows RT, Windows 8.0, or Windows Phone 7.0 or higher version of the operating system (the "Microsoft Device") within thirty (30) days of the date you ship your Used Device to Clover Wireless, as determined by the date shown on the prepaid shipping label. There is no limit on the number of Used Devices you may submit under the Program, but each will be tracked separately. (See separate terms for business customers with six or more Used Devices.) Back to top of Page

Your Right, Title and Interest in Shipped Used Devices

You must own the right, title, and interest in any and all items you are shipping to Clover Wireless. You represent and warrant that the Used Devices you send are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due. You agree to indemnify Clover Wireless and Microsoft from all claims or losses sustained by Clover Wireless or Microsoft as a result of any breach of this warranty. Any product found to be fraudulently obtained may be turned over to the appropriate federal, state, or local law enforcement authority without further compensation or notification to you.

Title of the shipped Used Device passes to Clover Wireless or its designated agent at the point of delivery to Clover Wireless' carrier. 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 buy back claim without a valid Proof of Purchase. Back to top of Page

Processing, Product Valuation, & Timing of Receipt of Credit

Users with one to five (1-5) Used Devices:

If you are trading-in a Used Device under the Program, and your Used Device has value as specified by the online calculator (the "Tool"), you are eligible for a credit in the amount calculated by the Tool. The Tool will reflect the credit of the Used Device based upon the manufacturer, model and condition of the Used Device. The quote by the Tool will remain in effect for thirty (30) days or until the date the Used Device is submitted to Clover Wireless, whichever occurs first. You must agree to these Terms and Conditions before your credit will be issued. The credit will be issued by Clover Wireless or its designated agent.

The Tool will issue you instructions and a prepaid shipping label. The Tool will also generate a receipt that you must sign, acknowledging that (1) you understand you are selling the Used Device in consideration for the credit; (2) by accepting such credit, you are giving up full ownership rights to the Used Device; (3) you understand the Used Device will not be eligible for return; (4) you are responsible for removal of all personal information before relinquishment of Used Device; and (5) you are responsible for deactivating the Used Device and ensuring you retire any outstanding balance. You must mail your Used Device and any required accessory(ies) to Clover Wireless, along with the signed acknowledgement, plus one of the following as the Proof of Purchase of your Microsoft Device: either (a) a copy of the applicable purchasing invoice, or (b) the applicable order confirmation. The selected Proof of Purchase must include the new Microsoft Device's date of purchase.

Used Devices must meet minimum criteria in order to qualify, as outlined on the website http://http://microsoft.cebuyback.ca/contactus/. To receive your full credit, you must accurately state the condition of the Used Device and include any required accessory(ies). An inspection will be performed by Clover Wireless upon receipt of your Used Device. The Used Device 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 Device and the receipt supplied by the Tool upon acceptance, which has been signed by you. If the Used Device's condition differs materially from that which you described, Clover Wireless reserves the right to unilaterally re-price your credit quote based upon the current credit for the condition of your Used Device. In the event the Used Device does not meet the Buyback requirement, Clover Wireless will give an adjusted credit based upon the condition and eligibility of the Used Device, which could result in such credit quote being reduced to zero. All Used Devices that are phones must have a valid Electronic Serial Number (ESN), International Mobile Equipment Identity (IMEI) number, or Mobile Equipment Identifier (MEID).

The credit will be mailed via regular United States Postal Service within 60 days from receipt of both the Used Device and required paperwork. Used Devices that are sent in that do not qualify either because a) the model of Used Device is not eligible or b) the device is not in a condition to qualify, in each case, will not be eligible for the Buyback credit and will be recycled without any credit issued. Check your value before sending in your Used Device as all Buyback transactions are final; after you mail-in your Used Device, you cannot get it back.

The credit will be in the form of a Visa® Prepaid Card. Clover Wireless has the right to deny any buy back claim without a valid Proof of Purchase and/or signed acknowledgement. Credits that are mailed and returned will be forfeited. Cards are issued by MetabankTM, Member FDIC, pursuant to a license from Visa U.S.A. Inc. Cards will not have cash access and can be used everywhere Visa® debit cards are accepted. Card valid through expiration date shown on front of card, however funds do not expire and may be available after card expiration date, subject to applicable law. Country restrictions apply and are subject to change. Card terms, conditions, and limitations apply; monthly card account management and post-expiration re-issuance fees may apply; see MyPrepaidCenter.com/site/visa-univ for details.

You must agree to the Terms and Conditions of the Buyback before your credit can be issued. The credit will be issued by Clover Wireless or its designated agent. After issuance of a credit, your Used Device cannot be returned to you.

Users with six (6) or more Used Devices:

Users with 6 or more Used Devices should contact the Quote Desk as instructed on the page of the Website directed towards business customers. The Quote Desk, operated by Clover Wireless, will manage all Buyback questions, provide written quotes for credits, and support business customers in using the Program. The Quote Desk shall provide a process under which business customers may return many Used Devices, along with Proof of Purchase documentation for, at a minimum, an equal number of new Microsoft Devices, and receive a single cumulative Credit for all applicable returned Used Devices (a "Bulk Process"). Such Bulk Process will (1) include a quote request form that will be used by business customers to request Credit quotes, (2) present Credit quotes and facilitate and track Bulk Process activities, and (3) provide prepaid shipping labels to business customers for use to return the Used Devices to Clover Wireless. The Bulk Process is not applicable to a carrier acting on behalf of multiple Consumers or B2B Customers. The Quote Desk will provide written quotes for Credits within one business day from the time of the request for such quote.

The Used Devices and Proof of Purchase documentation must be shipped to the address provided by Clover Wireless within thirty (30) calendar days of the purchase of the applicable Microsoft Device(s).

Clover Wireless will issue a credit in the form of a check mailed directly for to the business customer all credits accruing from its receipt of Used Devices in a given month. Such check will be mailed within thirty (30) days from the close of such given month. Back to top of Page

Your Responsibility for Termination and Deactivation of Your Services

You are responsible for terminating and deactivating any and all internet, voice, or data service for each Used Device you are recycling through the Program, including without limitation, cell phone service, internet service, broadband and/or wireless data service, or the like, and you will be solely responsible for any charges, account balances and/or fees, associated with your service or the termination and/or deactivation of that service. YOU WILL NOT RECEIVE ANY CREDIT FOR UNUSED SERVICES, NOR WILL YOU BE COMPENSATED FOR ANY CHARGES BILLED TO YOU BY YOUR SERVICE PROVIDER AFTER YOUR USED DEVICE IS SENT TO CLOVER WIRELESS. Should any charges arise after shipping to Clover Wireless, it remains your responsibility to resolve any payment issues with your service provider. Back to top of Page

No Return of Used Devices and/or Personal Information

Once you relinquish your Used Device, your Used Device will not be returned to you and any information which may be contained cannot be retrieved or returned. You are encouraged to remove or erase all stored data from your Used Device prior to shipping. Clover Wireless strongly recommends that you back up your data and/or erase the data from your Used Device's hard drive, memory, or other fixed and/or removable digital media. Any files or data left on your Used Device may be accessible to others if the data is not erased. Clover Wireless shall not be responsible for the loss, safekeeping, or maintenance in confidence of any data resident on the Used Devices. All transactions are final and non-returnable. There will be no substitutes or replacements provided. Back to top of Page

Entire Agreement, Severability, Applicable Law, Limitation of Actions and Third Party Beneficiary

These Terms and Conditions constitute the entire agreement between you and Clover Wireless, and govern your use of the Program, Website and Tool, superseding any prior agreements (if any) between you and Clover Wireless relating to such use. If any provision of these Terms and Conditions is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms and Conditions. The failure of Clover Wireless or Microsoft to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. By accessing the Tool you agree that the statutes and laws of the United States and the State of Illinois, without regard to conflicts of laws principles, will apply to all matters relating to the use of the Tool, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Michigan. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Tool, or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The Section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. These terms and conditions are not intended to confirm and rights or remedies upon any person other than the parties; provided however that the parties acknowledge and agree that Microsoft is an intended third-party beneficiary of those applicable terms and conditions, including, without limitation, this Section and those Sections entitled "Your Right, Title and Interest in Shipped Used Devices", "Limitation of Liability and Remedies", "Indemnification", "Ownership and Restrictions on Use of Content" and "Accuracy and Revisions". Back to top of Page

Limitation of Liability and Remedies

The relationship between Clover Wireless and Microsoft is that of an independent contractor, and nothing contained herein or in the Tool shall be construed to create a relationship of employer and employee or principal and agent between Clover Wireless and Microsoft nor shall it be deemed a partnership, joint venture or fiduciary relationship for any purpose. In no event is Clover Wireless authorized by Microsoft to act on behalf of Microsoft. Microsoft is not involved in individual transactions between you and Clover Wireless. Any and all transactions conducted on the Website are solely the responsibility of you and Clover Wireless. By agreeing to these Terms and Conditions, you hereby release Microsoft and its respective directors, employees and agents from any disputes, claims, demands, and/or damages (actual or consequential) of every kind, whether known or unknown, arising out of, or relating to, your use of Clover Wireless services, including, without limitation, uncompleted or completed transactions and any claims or disputes between you and Clover Wireless.

In using the Website, you expressly agree that use of the Website is at your sole risk. The Website is provided on an "as-is" and "as-available" basis. Neither Clover Wireless and/or its affiliates, subsidiaries, or designees, nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Clover Wireless") warrant that use of the Website will be uninterrupted or error-free. Clover Wireless makes no representation that content provided on the Website is applicable to, or appropriate for use in, locations outside of the United States. CLOVER WIRELESS SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CLOVER WIRELESS SHALL CREATE A WARRANTY. UNDER NO CIRCUMSTANCES SHALL CLOVER WIRELESS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE WEBSITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. The foregoing limitation of liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Clover Wireless has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to any content, merchandise and services available through the Website.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

In addition to the foregoing, you expressly acknowledge and agree that the total liability to you for any losses, damages, and causes of action, including but not limited to those based on contract, tort, or otherwise, arising out of your use of the Website, its content or links, and/or any of the services offered in connection therewith, shall never exceed the actual value of the reward specified by the Program for the Used Device(s) actually shipped to Clover Wireless. In the event the item shipped by you to Clover Wireless does not actually constitute a Used Device under the Program, then Clover Wireless shall not have liability to you for any losses, damages or causes of action whatsoever. Back to top of Page

Indemnification

You agree to indemnify and hold Clover Wireless and Microsoft harmless from any claim or demand, including reasonable attorney fees, made by any third party arising out of, or related to, your violation of the foregoing Terms and Conditions, or your violation of any law, regulation or third-party right.

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 and/or Microsoft. Back to top of Page

Ownership and Restrictions on Use of Content

All content included within, on or comprising the Program site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively referred to herein as "Content") is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the U.S. and international copyright laws. In addition, Clover Wireless and Microsoft each retain their individual intellectual property rights in the elements they contributed to the Content.

You therefore have no ownership rights to any part of the Content. The unauthorized copying, displaying or other use of any part of the Content from the Website is a violation of the law. You are hereby granted permission to access the Content from the Website in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the Website or ordering products or services from the Program. This permission terminates automatically if you breach any of these Website Terms and Conditions. Back to top of Page

Accuracy and Revisions

Clover Wireless may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that Clover Wireless and Microsoft shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. Clover Wireless may at any time revise these Terms and Conditions by updating this posting. By using the Website, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Website Terms and Conditions to which you are bound. Back to top of Page

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 and Conditions, or with the terms, conditions, or rules of a sweepstakes, contest, or other promotion contained within the Website, if any. Back to top of Page

Privacy and Information Sharing

In order to fulfill your Buyback request, you will share your contact information with Clover Wireless. With your consent, Clover Wireless will treat any information you provide in accordance with the Clover Wireless privacy statement posted on the Website. Back to top of Page

Acceptance of Terms

You acknowledge you have read, and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations, including, without limitation, U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You represent you have the legal authority to accept these Terms and Conditions on behalf of yourself or any party you represent. If you do not agree to these terms, you are prohibited from using the Program. Back to top of Page

For Additional Information

If you have any questions that the FAQ page cannot answer, please contact us here: http://microsoft.cetradein.com/contact-us/

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