Legal Terms and Conditions of Use – CEBuyBack.com

Use of CEBuyBack.com

The CEBuyBack Trade-In Program (The Program) is a service provided to Sears customers by Clover Technologies Group, Inc. (CLOVER), an independent third party. By participating in the Program, you agree to the Terms of Use below. CLOVER may update these Terms of Use at its own discretion and at any time, without notice. The Program is controlled and operated in whole or in part by Clover Technologies Group, Inc., from its offices within the United States. Back to top of Page

Eligibility to Use CEBuyBack Services

In order to use CEBuyBack, you must be eighteen (18) years of age or older, and you must be the owner of the electronic device, that you wish to dispose of through CEBuyBack ("Qualified Product"). The Qualified Products accepted are those that are depicted on the Identify Your Equipment Type category page on the CEBuyBack website. We do not accept any other device for trade-in value that is sent and at no time will we be able to return any devices. The Program is only valid within the United States. Back to top of Page

Your Right, Title and Interest in Shipped Product

You must own the right, title, and interest in any and all items you are shipping to CEBuyBack. You represent and warrant that the trade-in products 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 from all claims or losses sustained by CLOVER 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 product passes to CLOVER or its designated agent at the point of verification of receipt of product by CLOVER. Back to top of Page

Processing, Product Valuation, & Timing of Receipt of Reward

The website will offer you a link for a pre-paid shipping label to ship your Qualified Product along with instructions for packing and shipping. Shipping charges are prepaid by CLOVER. You will be responsible for properly packing your Qualified Product in accordance with our instructions for packing and shipping. Any costs associated with packing your Qualified Product will be your responsibility. Within five (5) business days after receipt of your item, CLOVER will issue to you an e-mail verifying your reward amount. If your item qualifies for a Reward, a Sears Gift Card will be mailed within 2 calendar weeks. If your Qualified Product(s) were received and CLOVER determined that the product condition was misrepresented by you, and there is no trade value, CLOVER will recycle your product for free.

As part of the registration process, you will be provided with access to follow the status of your Qualified Product shipment. 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 electronic device you are recycling through CEBuyBack, 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 ELECTRONIC DEVICE IS SENT TO CLOVER. Should any charges arise after shipping to CLOVER, it remains your responsibility to resolve any payment issues with your service provider. Back to top of Page

No Return of Equipment and/or Personal Information

Once you relinquish your Qualified Product, your Qualified Product 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 product prior to shipping. CLOVER strongly recommends that you back up your data and/or erase the data from your products hard drive, memory, or other fixed and/or removable digital media. Any files or data left on your product may be accessible to others if the data is not erased. CLOVER shall not be responsible for the loss, safekeeping, or maintenance in confidence of any data resident on the products. All transactions are final and non-returnable. There will be no substitutes or replacements provided. Back to top of Page

Applicable Law

The CEBuyBack site is created, operated and controlled by Clover Technologies Group, Inc., at and from the state of Illinois, United States of America. By using this Site, you consent and agree to the laws of Illinois as governing these Terms of Use without giving effect to any principles or conflicts of laws, and you further consent to the state or federal courts in Virginia, USA as having exclusive jurisdiction over any dispute and/or litigation arising from your use of CEBuyBack. If any provision of these Terms of Use 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 of Use. The failure of CLOVER to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. 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 Site, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose, or be forever barred. Back to top of Page

Limitation of Liability and Remedies

Sears is not involved in individual transactions between CLOVER and Sears customers. Any and all transactions conducted on this site are solely the responsibility of CLOVER and such visitors. By agreeing to these Terms and Conditions, you hereby release Sears 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 services, including, without limitation, uncompleted or completed transactions and any claims or disputes between you and CLOVER.

The CEBuyBack Program is offered by CLOVER. In using the CEBuyBack site, you expressly agree that use of the CEBuyBack site is at your sole risk. The CEBuyBack site is provided on an "as-is" and "as-available" basis. CLOVER 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") warrant that use of the CEBuyBack site will be uninterrupted or error-free. CLOVER makes no representation that content provided on the CEBuyBack site is applicable to, or appropriate for use in, locations outside of the United States. CLOVER 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 shall create a warranty. UNDER NO CIRCUMSTANCES SHALL CLOVER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE THE CEBUYBACK SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE CEBUYBACK SITE 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 has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the CEBuyBack site.

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.

Notwithstanding the foregoing, CLOVER’s 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 this site, its content or links, and/or any of the services offered through CLOVER, shall never exceed the actual value of the reward specified by CEBuyBack for the item actually shipped to CEBuyBack. In the event the item shipped by you to CLOVER does not actually constitute a Qualified Product under CEBuyBack, then CEBuyBack 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 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 of Use, or your violation of any law, regulation or third-party right.

other form of solicitation; (m) "stalking" or otherwise harassing another person or entity; and/or (n) collecting or storing personal data about other users. You agree that violation of any of the foregoing will result in your immediate disqualification from use of the CEBuyBack site, and may result in additional legal actions being taken by CLOVER, Inc. Sending unsolicited and unauthorized e-mail on behalf of CEBuyBack, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software, or routine or data to interfere or attempt to interfere with the proper working of the CEBuyBack site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the CEBuyBack site other than the search engine and search agents provided by CEBuyBack or generally publicly available browsers. Back to top of Page

Ownership and Restrictions on Use of Content

All content included within, on or comprising the CEBuyBack site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively referred to herein as "Content") are 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, and CEBuyBack owns and/or licenses, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. In addition, CLOVER or its licensors own a copyright in the selection, coordination and arrangement of 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 this site is a violation of the law. You are hereby granted permission to access the Content from the site in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the site or ordering products or services from CEBuyBack. This permission terminates automatically if you breach any of the web site Terms of Use. Back to top of Page

Acceptance of Terms

You acknowledge you have read, and agree to be bound by these Terms of Use 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. By your continued use of this website tool, you agree to each of the Terms of Use set forth and/or linked herein. You represent you have the legal authority to accept these Terms of Use 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

Privacy and Information Sharing

In order to fulfill your CEBuyBack.com request, ecoNEW will share your basic contact information (name, email address, address) with its vendors. With your prior consent given through CEBuyBack.com, CLOVER may add this information to their customer database so that you may receive information regarding your activities with CEBuyBack.com.

The policy of CEBuyBack.com is to respect the privacy of all web site visitors to the extent permitted by law. This online privacy statement is intended to inform you of the ways in which this web site collects information, the uses to which that information will be put, and the ways in which we will protect any information you choose to provide us. There are four types of information that this site may collect during your visit: network traffic logs, web visit logs, cookies, and information voluntarily provided by you.

Network Traffic Logs - In the course of ensuring network security and consistent service for all users, CEBuyBack.com employs software programs to do such things as monitor network traffic, identify unauthorized access or access to nonpublic information, detect computer viruses and other software that might damage CEBuyBack.com computers or the network, and monitor and tune the performance of the CEBuyBack.com network. In the course of such monitoring, these programs may detect such information as email headers, addresses from network packets, and other information. Information from these activities is used only for the purpose of maintaining the security and performance of CEBuyBack.com 's networks and computer systems. Personally identifiable information from these activities is not released to external parties without your consent unless required by law.

Web Visit Logs - CEBuyBack.com web sites routinely collect and store information from online visitors to help manage those sites and improve service. This information includes the pages visited on the site, the date and time of the visit, the internet address (URL or IP address) of the referring site, the domain name and IP address from which the access occurred, the version of browser used, and the capabilities of the browser. This site makes no attempt to identify individual visitors from this information; any personally identifiable information is not released to external parties without your consent unless required by law.

Cookies - Cookies are pieces of information stored by your web browser on behalf of a web site and returned to the web site on request. This site may use cookies for two purposes: to carry data about your current session at the site from one web page to the next, and to identify you to the site between visits. If you prefer not to receive cookies, you may turn them off in your browser, or may set your browser to ask you before accepting a new cookie. Some pages may not function properly if the cookies are turned off. Unless otherwise notified on this site, we will not store data, other than for these two purposes, in cookies. Cookies remain on your computer, and accordingly we neither store cookies on our computers nor forward them to any external parties. Unless otherwise notified on this site, we do not use cookies to track your movement among different web sites and do not exchange cookies with other entities.

Information Voluntarily Provided by You - In the course of using this web site, you may choose to provide us with information to help us serve your needs. For example, you may send us electronic mail (through a mailer or a web form) to request information, you may sign up for a mailing list, or you may send us your address so we may send you an application or other material. Any personally identifiable information you send us will be used only for the purpose indicated. Requests for information will be directed to the appropriate staff to respond to the request, and may be recorded to help us update our site to better respond to similar requests. We will not sell, exchange or otherwise distribute your personally identifiable information without your consent, except to the extent required by law. We do not retain the information longer than necessary for normal operations. If you do not wish to have the information used in that manner, you are not required to provide it.

The CEBuyBack.com web site may provide links to other World Wide Web sites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for their availability, content or delivery of services. In particular, external sites are not bound by CEBuyBack.com 's online privacy. Back to top of Page