INTRODUCTION
SmartphoneRecycling.com, owned and operated by GRC Wireless, Inc. (hereinafter GRC WIRELESS or SmartphoneRecycling.com) provides an online website for consumers, businesses, and organizations (hereinafter “PARTICIPANT”) to recycle used cell phones, smartphones, and tablets (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 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.
SHIPPING
PARTICIPANT expressly acknowledges that all shipments using the GRC WIRELESS FedEx Ground PRP Labels or GRC WIRELESS Online FedEx Ground Labels are not insured. GRC WIRELESS will not be liable for any damage or loss of of PRODUCT during the shipping process. If a shipment is damaged, lost or loses contents during the shipping process, there will be no financial recovery to PARTICIPANT. PARTICIPANT retains title to the PRODUCT until the receipt (evidence by receipt signature) of PRODUCT by GRC WIRELESS at the GRC WIRELESS facility in Hollywood, Florida.
PARTICIPANT is free to arrange shipping at PARTICIPANT’S own expense, and insure any shipment accordingly.
PRODUCT VALUATION FOR NON QUOTE ORDERS
The value assigned to PRODUCT (hereinafter “PRICE”, “PRICES”, “VALUE” or “VALUATION”) are based on the cosmetic condition, functional condition, and activation lock status of PRODUCT, which is determined through various testing methodologies. The PRICES assigned to PRODUCT are solely determined by GRC WIRELESS and all PRICES are final. GRC WIRELESS will not be responsible for any discrepancy in PRODUCT models, quantities & conditions, regardless of reason or cause. The PRICES listed on the ‘Current Pricing’ page of SmartphoneRecycling.com are estimates and may fluctuate up or down. PRODUCT with excessive damage or no power status will be classified as “Beyond Economic Repair” (hereinafter BER) and will receive a further reduced price, which may be significantly less than the damaged price estimate.
Activation locked product, including but not limited to iCloud lock, Google lock, Remote Management lock, MDM lock and DEP lock, will yield the ‘damage condition’ price or less. The final value of an activation locked device may significantly less than the ‘damage condition’ price.
Prices for PRODUCT received through our ‘Donation’ option may be further reduced.
PARTICIPANT expressly acknowledges & understands that GRC Wireless will not contact PARTICIPANT after reviewing PRODUCT and assigning PRICES.
CUSTOM PRICE QUOTE
If you received a PRICE QUOTE (hereinafter “QUOTE”) from GRC WIRELESS, we will use reasonable efforts to apply the prices on the QUOTE, subject to the PRODUCT VALUATION, COMPLIANT PRODUCT, and OTHER FACTORS AFFECTING VALUATION provisions of this AGREEMENT.
If a PRICE QUOTE transaction is received by GRC WIRELESS after the expiration date stated on the PRICE QUOTE, GRC WIRELESS may reduce the quoted prices at the sole discretion of GRC WIRELESS.
If PARTICIPANT receives a written QUOTE, PARTICIPANT will only be contacted for final approval (hereinafter “APPROVAL”) if the documention received by PARTICIPANT explicitly stated that PARTICIPANT will be contacted for APPROVAL. If the documention received by PARTICIPANT does not mention APPROVAL, the shipment will automatically be processed and payment issued according to the terms of this agreement.
The purpose of an APPROVAL is limited to offering a PARTICIPANT the opportunity to remotely unlock activation unlocked PRODUCT, if applicable and if possible. If GRC WIRELESS does not receive a response from PARTICIPANT within 48 hours of the APPROVAL inquiry email, the shipment will automatically be processed and payment issued according to the terms of this agreement. All PRICE QUOTE transactions are subject to the NO RETURNS provision below.
Our PRICE QUOTE program may offer an upgraded data erasure option, including but not limited to, ‘DoD 5520.20-M Three-Wipe Data Erasure’. GRC WIRELESS will employ best efforts to utilize this data erasure subject to various limitations, including but not limited to activation lock status and no power status. Activation locked devices (including but not limited to iCloud lock, Google lock, Remote Management lock, MDM lock and DEP lock) may be processed through a standard factory reset process. All PRICE QUOTE transactions are subject to the PERSONAL DATA IN DEVICES provision below.
COMPLIANT PRODUCT
Product valuation will additionally be affected by the compliant/noncompliant status, as follows:
- COMPLIANT PRODUCT: PRODUCT must be a smartphone, cell phone, or tablet. PRODUCT that does not fall in these three categories (hereinafter “NONCOMPLIANT PRODUCT”) is not accepted by GRC WIRELESS unless approved in writing by GRC WIRELESS. NONCOMPLIANT PRODUCT will not qualify for valuation and may subject PARTICIPANT to a freight chargeback, detailed below.
- NONCOMPLIANT PRODUCT includes:
- Accessories: Loose batteries, chargers, ear buds, devices in retail boxes or other collateral items are classified as NONCOMPLIANT PRODUCT.
- Extreme Damage: Devices with extreme damage, including a significant quantity of missing components, are classified as NONCOMPLIANT PRODUCT.
- Components: Device components, shipped without an intact handset, are classified as NONCOMPLIANT PRODUCT. Device components include LCD screens, devices housings and frames, motherboards, motherboard components and other devices components.
- FREIGHT CHARGEBACK: The shipment of NONCOMPLIANT PRODUCT may subject PARTICIPANT to FREIGHT CHARGEBACK (the PARTICIPANT may be responsible for paying the cost of shipping NONCOMPLIANT PRODUCT). This determination will be made solely by GRC WIRELESS, and will take into account various factors (e.g. the percentage of PRODUCT that is NONCOMPLIANT). The FREIGHT CHARGEBACK may reduce the final payment to PARTICIPANT. Should the final valuation of the PARTICIPANT’S shipment be less than the FREIGHT CHARGEBACK, PARTICIPANT will be required to issue payment to GRC WIRELESS.
OTHER FACTORS AFFECTING VALUATION
- MISSING BATTERIES: PRODUCT with missing batteries may significantly reduce the value of the item.
- WEBSITE PRICING PAGE: PRICES are available on our website SmartphoneRecycling.com. PRICES may be changed at any time without notice.
- LOW VALUE SHIPMENTS: If PARTICIPANT ships less than $5 in PRODUCT value, payment will not be issued. For shipments less than $5 in value, the PRODUCT will be responsibly recycled without payment to PARTICIPANT or communication back to PARTICIPANT. Shipments less than $5 in value fall under our “free recycling” service.
- LESS THAN 10 DEVICES: PARTICIPANT must ship a minimum of 10 devices. If PARTICIPANT ships less than 10 devices, payment may not be issued. PARTICIPANT reserves the exclusive right to withhold payment for shipments with less than 10 devices.
- CERTIFIED DATA ERASURE OPTION: If PARTICIPANT chooses the Certified Data Erasure option, the PRICES may be reduced by up to 20%.
DONATION OPTION
If PARTICIPANT chooses to donate PRODUCT to benefit Operation Gratitude or other nonprofit organizations, payment will be issued by GRC WIRELESS directly to Operation Gratitude or the designated nonprofit organization. PARTICIPANT will receive a certificate detailing the shipment summary and proceeds issued to Operation Gratitude or nonprofit organization.
If the DONATION OPTION is selected, PARTICIPANT will receive a Certificate of Recycling detailing the shipment contents and value. All donation Certificates of Recycling are issued at the conclusion of the current month.
NO RETURNS
Once PRODUCT is received by GRC WIRELESS, it cannot be returned to PARTICIPANT. 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. PARTICIPANT expressly acknowledges & understands that GRC Wireless will not contact PARTICIPANT after reviewing PRODUCT and assigning PRICES. Furthermore, GRC Wireless will not report back serial numbers (IMEI, MEID, or ESN) to PARTICIPANT.
Any exceptions to these RETURN and IMEI REPORTING provisions must be made in writing by GRC WIRELESS expressly to PARTICIPANT regarding a particular shipment of devices.
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. GRC WIRELESS understands this provision will not apply to lost & founds or similar collection programs.
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, if possible, 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.
Standard Data Erasure: Under the GRC WIRELESS Standard Data Erasure option, which is the default option for all PARTICIPANT(S), GRC WIRELESS will use reasonable efforts to data erase 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. PARTICIPANT expressly acknowledges and accepts that GRC WIRELESS may sell PRODUCT to third party customers without first erasing data in PRODUCT.
Certified Data Erasure: Under the GRC WIRELESS Certified Data Erasure option, which must be selected electronically by PARTICIPANT during the sign up process (if available), GRC WIRELESS will use best efforts to data erase devices or ensure the device is physically destroyed; however, GRC WIRELESS does not guarantee that it will erase data in PRODUCT.
Activation Locked Devices: Under both our Standard Data Erasure and Certified Data Erasure options, PARTICIPANT expressly acknowledges that the data erasure process, if performed, will not include the removal of an activation lock (e.g. Apple iCloud lock, Google lock, DEP lock, Remote Management lock, Kindle registration.) PARTICIPANT expressly acknowledges that GRC WIRELESS may sell or transfer PRODUCT containing an activation lock.
Default Option: Our default option is the Standard Data Erasure option. PARTICIPANT must affirmatively choose Certified Data Erasure to receive the benefits of this option.
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.
PRIVACY, 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. The GRC WIRELESS privacy policy can be accessed here.
LIMITATION ON LIABILITY
PARTICIPANT agrees that GRC Wireless, 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.
