1. 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” or “DEVICES”). 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.
By submitting PRODUCT or using SmartphoneRecycling.com, PARTICIPANT consents to conduct business electronically and agrees that all electronic records, acknowledgments, and acceptances shall have the same force and effect as a signed writing.
2. ELIGIBILITY TO CONTRACT
SmartphoneRecycling.com is only available to PARTICIPANT(s) who can form legally binding contracts under applicable law.
3. TITLE
3.1 TITLE – GENERAL
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.
PARTICIPANT represents and warrants that each PRODUCT was lawfully acquired and that no PRODUCT is counterfeit, stolen, or obtained through fraudulent or unauthorized means. PARTICIPANT agrees to indemnify and hold harmless GRC WIRELESS from any claim, investigation, or loss arising from a breach of this warranty.
3.2 EMPLOYEES SELLING DEVICES ON BEHALF OF A COMPANY OR AGENCY
If any devices submitted to GRC WIRELESS originate from a business, corporation, government agency, school, nonprofit organization, or other entity, the PARTICIPANT represents and warrants that they are authorized by the organization to transfer, recycle, sell, or otherwise dispose of the devices, or that the devices have been lawfully released by the organization for recycling, liquidation, or disposal. The participant further represents that the transfer of such devices does not violate any employment agreement, corporate policy, fiduciary duty, or other legal obligation. The participant acknowledges that GRC WIRELESS relies upon these representations in accepting devices and issuing payment. In the event that any representation regarding ownership or authority is inaccurate, the participant agrees to indemnify and hold harmless GRC WIRELESS and its affiliates from any claims, losses, or liabilities arising from the transfer of such devices.
3.3. LAW ENFORCEMENT DEVICE RECYCLING
GRC WIRELESS may accept mobile phones, tablets, and other electronic devices submitted by law enforcement agencies, police departments, sheriff’s offices, government agencies, or their authorized representatives (collectively, “Law Enforcement Agencies”) for the purpose of recycling, resale, parts harvesting, refurbishment, or other disposition through the SmartphoneRecycling.com program.
By submitting devices to GRC WIRELESS, the submitting Law Enforcement Agency represents and warrants that:
- The agency has lawful authority to dispose of the submitted devices;
- The devices have been released from evidentiary status or otherwise authorized for disposal in accordance with applicable law and agency procedures; and
- The agency has the legal right to transfer possession and title of the devices to GRC WIRELESS.
Devices submitted by Law Enforcement Agencies may originate from property rooms, evidence inventories, forfeitures, seizures, abandoned property, unclaimed property, recovered stolen property, or other law enforcement activities. Such devices may have prior ownership histories that are unknown or unresolved and may appear in third-party or carrier databases as lost, stolen, or otherwise restricted.
GRC WIRELESS shall be entitled to rely on the submitting Law Enforcement Agency’s authority and representations regarding the lawful disposition of the devices. GRC WIRELESS shall have no obligation to investigate or verify prior ownership claims, database status, or the legal history of the devices prior to processing.
Upon delivery of the devices to GRC WIRELESS, and to the fullest extent permitted by law, all rights, title, and interest in the devices shall transfer to GRC WIRELESS. GRC WIRELESS shall have the unrestricted right, in its sole discretion, to process, recycle, dismantle, refurbish, resell, export, or otherwise dispose of the devices or their components.
GRC WIRELESS shall not be liable for any claims, damages, or disputes arising from the prior ownership, reporting status, database status (including IMEI or device blacklist databases), or evidentiary history of devices that have been released to GRC WIRELESS by a Law Enforcement Agency.
The submitting Law Enforcement Agency agrees to defend, indemnify, and hold harmless GRC WIRELESS, its officers, employees, and affiliates from any claims, losses, liabilities, damages, or expenses arising from the agency’s submission or transfer of devices, including any claims related to prior ownership, alleged theft, or database reporting status.
3.4. LOST & FOUND DEVICE RECYCLING
GRC Wireless Inc. (“GRC Wireless”) may accept mobile phones, tablets, and other electronic devices submitted by businesses, institutions, transportation providers, event venues, property managers, schools, hotels, government agencies, or other organizations (collectively, “Submitting Parties”) that maintain lost and found property inventories.
By submitting devices to GRC Wireless, the Submitting Party represents and warrants that it has the lawful authority to dispose of the devices, including devices that were lost, abandoned, unclaimed, or otherwise held in the Submitting Party’s lost and found inventory for a period of time determined by the Submitting Party’s policies or applicable law.
Devices submitted through lost and found programs may have unknown prior ownership histories and may include devices whose owners cannot be identified or located. Such devices may also appear in third-party or carrier databases as lost, stolen, or otherwise restricted.
GRC Wireless shall be entitled to rely on the Submitting Party’s representation that the devices have been lawfully released for disposal or recycling. GRC Wireless shall have no obligation to investigate or verify the prior ownership status, reporting status, or database status of such devices prior to processing.
Upon delivery of the devices to GRC Wireless, and to the fullest extent permitted by law, all rights, title, and interest in the devices shall transfer to GRC Wireless. GRC Wireless shall have the unrestricted right, in its sole discretion, to process, recycle, dismantle, refurbish, resell, export, or otherwise dispose of the devices or their components.
GRC Wireless shall not be liable for any claims, damages, or disputes arising from the prior ownership, reporting status, database status (including IMEI or device blacklist databases), or recovery status of devices that have been submitted to GRC Wireless through lost and found programs.
The Submitting Party agrees to defend, indemnify, and hold harmless GRC Wireless, its officers, employees, and affiliates from any claims, losses, liabilities, damages, or expenses arising from the submission or transfer of lost and found devices, including claims by individuals asserting prior ownership of the devices.
4. 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. Title and risk of loss remain with PARTICIPANT until PRODUCT is physically received and accepted by GRC WIRELESS at its facility in Hollywood, Florida. Notwithstanding the foregoing, GRC WIRELESS assumes no liability for PRODUCT lost or damaged in transit when using GRC WIRELESS-issued labels.
PARTICIPANT is free to arrange shipping at PARTICIPANT’S own expense, and insure any shipment accordingly.
5. PRODUCT VALUATION
5.1. VALUATION FOR NON-QUOTE SHIPMENTS
The value assigned to PRODUCT (hereinafter “PRICE,” “PRICES,” “VALUE,” or “VALUATION”) is based on the cosmetic condition, functional condition, battery health, activation-lock status, carrier-financing status, and other relevant factors determined through GRC WIRELESS’s testing and review methodologies.
All 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, or conditions, regardless of reason or cause. Prices listed on the “Current Pricing” page of SmartphoneRecycling.com are estimates only and may fluctuate up or down.
For valuation purposes, GRC WIRELESS generally utilizes the following grading categories:
- Excellent Condition Price – PRODUCT must be in like-new cosmetic condition, fully functional, free of any ear, and activation unlocked, including but not limited to the absence of iCloud lock, Google lock, Remote Management lock, MDM lock, and DEP lock.
- Good Condition Price – PRODUCT must be in average cosmetic condition, fully functional, and activation unlocked, including but not limited to the absence of iCloud lock, Google lock, Remote Management lock, MDM lock, and DEP lock.
- Damaged Condition Price – PRODUCT that fails functionality testing, has physical damage, excessive cosmetic wear, battery health of 86% or lower, activation locks, financing restrictions, missing components, no-power status, or other defects may receive a damaged-condition price. Activation-locked PRODUCT may receive a value that is lower than the standard damaged-condition price.
The foregoing grading categories are general guidelines only. GRC WIRELESS reserves the sole and absolute right to determine the final grading classification and valuation of all PRODUCT.
PRODUCT with excessive damage or no-power status may be classified as “Beyond Economic Repair” (“BER”) and may receive a further reduced price, which may be significantly less than the damaged-condition estimate.
PRODUCT that passes functionality, diagnostic, and activation-lock testing but has excessive cosmetic scratches, scuffs, dents, cracks, discoloration, engravings, adhesive residue, or other cosmetic defects may receive a lower GOOD CONDITION price.
Activation-locked PRODUCT, including but not limited to iCloud lock, Google lock, Remote Management lock, MDM lock, and DEP lock, will receive the damaged-condition price or less. The final value of activation-locked PRODUCT may less than the damaged-condition price.
PRODUCT that has not been released from carrier financing will receive the damaged-condition price or less. The final value of financed PRODUCT may be significantly less than the damaged-condition price.
Prices for PRODUCT received through the “Donation” option may be further reduced.
PARTICIPANT expressly acknowledges and understands that GRC WIRELESS will not contact PARTICIPANT after reviewing PRODUCT and assigning PRICES.
All payments issued by GRC WIRELESS constitute full and final settlement for the PRODUCT received. PARTICIPANT waives any right to contest, dispute, reverse, or otherwise challenge the valuation after payment has been issued.
5.2. VALUATION FOR PRICE QUOTE SHIPMENTS
If PARTICIPANT received a written price quote from GRC WIRELESS (hereinafter “PRICE QUOTE” or “QUOTE”), GRC WIRELESS will use reasonable efforts to apply the prices listed on the QUOTE, subject to the PRODUCT VALUATION, COMPLIANT PRODUCT, and OTHER FACTORS AFFECTING VALUATION provisions of this AGREEMENT.
If PRODUCT under a PRICE QUOTE transaction is received by GRC WIRELESS after the expiration date stated on the QUOTE, GRC WIRELESS may reduce the quoted prices at its sole discretion.
If PARTICIPANT receives a written QUOTE, PARTICIPANT will only be contacted for final approval (“APPROVAL”) if the documentation provided to PARTICIPANT explicitly states that PARTICIPANT will be contacted for APPROVAL. If the documentation provided to PARTICIPANT does not mention APPROVAL, the shipment will automatically be processed and payment issued according to the terms of this AGREEMENT.
The purpose of APPROVAL is limited to offering PARTICIPANT the opportunity to remotely remove activation locks or carrier-financing restrictions, if applicable and if possible. If GRC WIRELESS does not receive a response from PARTICIPANT within twenty-four (24) hours of the APPROVAL inquiry email, the shipment will automatically be processed and payment issued according to the terms of this AGREEMENT.
If GRC WIRELESS allows up to seven (7) business days to for device unlocking. If PARTICIPANT does not reply within an unlocking status within the seven (7) day period, the devices will be released at the original quoted price.
All PRICE QUOTE transactions are subject to the NO RETURNS provision below. Any request by GRC WIRELESS for confirmation or approval of final valuation, other than for the release of an activation lock, is provided solely as a courtesy and shall not be construed as creating any obligation for GRC WIRELESS to obtain such approval. Failure to respond to, or rejection of, a valuation confirmation request shall not entitle the Customer to the return of any devices, nor shall it affect THE GRC WIRELESS right to process, recycle, remarket, or otherwise dispose of the devices in accordance with this AGREEMENT.
5.3. 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.
5.4. 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.
6. 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.
7. 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.
8. 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.
9. ILLEGAL INFORMATION ON DEVICES
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.
10. PERSONAL DATA IN DEVICES
10.1. DATA ERASURE GENERAL
GRC WIRELESS will use commercially reasonable and responsible efforts to data-erase PRODUCT using software-based erasure systems, factory reset protocols, or other industry-standard methods. If a device cannot be data erased for any reason, including but not limited to lack of power, hardware failure, software malfunction, or connectivity issues, the device and/or applicable data-containing components may be processed through GRC WIRELESS’s shredding protocol described in Section 10.2 below. GRC WIRELESS may, at its discretion, utilize third-party service providers or certified downstream vendors to perform data erasure, testing, destruction, or related services, particularly for older, uncommon, or specialty devices.
GRC WIRELESS strongly recommends that PARTICIPANT independently remove all personal, confidential, proprietary, regulated, or sensitive information from PRODUCT prior to shipment or transfer, including but not limited to contacts, text messages, emails, photographs, videos, documents, applications, passwords, authentication credentials, and account information. GRC WIRELESS further recommends that PARTICIPANT remove any SIM cards, memory cards, or other removable storage media prior to transfer.
PARTICIPANT acknowledges and agrees that GRC WIRELESS does not guarantee that any data, information, or content will be completely erased, destroyed, rendered unrecoverable, or otherwise inaccessible from PRODUCT. PARTICIPANT expressly releases, indemnifies, defends, and holds harmless GRC WIRELESS, its owners, officers, employees, contractors, affiliates, downstream vendors, and service providers from and against any claim, liability, loss, damage, cost, expense, regulatory action, or cause of action arising from or related to any data remaining on PRODUCT, any alleged failure of data erasure, any unauthorized access to data, or any disclosure, recovery, transmission, or use of data by any third party. GRC WIRELESS shall not be responsible for any direct, indirect, incidental, consequential, special, statutory, or punitive damages arising from data remaining on PRODUCT.
10.2. SHREDDING PROTOCOL
Any reference to a “shredding process,” “certified shredding process,” “certified shredding protocol,” or similar terminology refers to processing performed by R2-certified, e-Stewards-certified, or similar downstream vendors, recyclers, or service providers, where devices, storage media, and/or data-containing components may be physically shredded, destroyed, dismantled, crushed, degaussed, or otherwise processed for data destruction or recycling purposes.
PARTICIPANT expressly acknowledges and agrees that GRC WIRELESS does not directly supervise or control all shredding or downstream processing activities, and does not guarantee the effectiveness, completeness, or outcome of any shredding, destruction, or data erasure process performed by any third party.
10.3. ACTIVATION LOCKED DEVICES
PARTICIPANT expressly acknowledges that any data erasure, factory reset, or destruction service performed by GRC WIRELESS does not include removal, bypass, unlocking, or deactivation of any activation lock, security lock, account lock, enrollment restriction, or device management system, including but not limited to Apple Activation Lock/iCloud Lock, Google FRP Lock, Samsung Reactivation Lock, MDM lock, DEP/ABM enrollment, Remote Management lock, carrier financing lock, Kindle registration, or similar restrictions.
PARTICIPANT further acknowledges and agrees that PRODUCT containing activation locks or management restrictions may be sold, transferred, recycled, dismantled, exported, destroyed, or otherwise processed by GRC WIRELESS in its sole discretion.
10.4. ENGRAVING ON DEVICES
PARTICIPANT expressly acknowledges that data erasure, refurbishment, or processing services performed by GRC WIRELESS do not include the removal of personalized engraving, etching, labeling, asset tags, stickers, barcodes, paint markings, or other cosmetic or identifying marks present on PRODUCT.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. FORCE MAJEURE
GRC WIRELESS shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of war, terrorism, or government actions.”
20. SEVERABILITY
If any provision of this AGREEMENT is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
21. ACCESSIBILITY / NATURE OF SERVICES
GRC WIRELESS operates SmartphoneRecycling.com as an online, mail-in service platform that facilitates the shipment, evaluation, and recycling or resale of mobile devices. The Company does not offer in-person purchasing, retail sales, or walk-in services to the general public, and all transactions with users are conducted remotely through shipping and electronic communication.
Without admitting that its website constitutes a “place of public accommodation” under the Americans with Disabilities Act or any similar state or local law, the Company is undertaking and will continue to undertake efforts to improve the accessibility and usability of its website in accordance with applicable accessibility principles and guidance, to the extent reasonably practicable in light of its business model and operations.
Users who experience difficulty accessing any content, features, or functionality on the website are encouraged to contact the Company so that reasonable efforts can be made to provide the requested information or services through alternative means. Accessibility-related inquiries may be directed to info@grcwireless.com or 754-802-5217. We are capable of mailing FedEx shipping labels to users upon request.
The Company’s accessibility efforts are ongoing, and the Company reserves the right to modify, update, or improve website accessibility features at any time without notice. Nothing herein shall be construed as a waiver of any defenses available to the Company under applicable law.
22. FULL AGREEMENT
This AGREEMENT constitutes the entire understanding between PARTICIPANT and GRC WIRELESS and supersedes all prior communications or agreements
23. 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.