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
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”) 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.
PRODUCT that passes functionality, diagnostic, and activation locked tests, but has excessive cosmetic scratches and/or scuffs, may receive a lower GOOD CONDITION.
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 be significantly less than the ‘damage condition’ price.
PRODUCT that has not be released from carrier financing will yield the ‘damage condition’ price or less. The final value of finanaced devices may significantly be 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.
All payments issued by GRC WIRELESS constitute full and final settlement for the PRODUCT received. PARTICIPANT waives any right to contest or dispute valuation after payment has been issued
5.2. VALUATION FOR PRICE QUOTE SHIPMENTS
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 or financed PRODUCT, if applicable and if possible. If GRC WIRELESS does not receive a response from PARTICIPANT within 24 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. Furthermore, PARTICIPANT will not be contacted for activation unlock removal or finance removal if GRC WIRELESS was not able to eletronically capture device IMEI/ESN numbers.
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.
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.
- CERTIFIED DATA ERASURE OPTION: If PARTICIPANT chooses the Certified Data Erasure option, the PRICES may be reduced by up to 20%.
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
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.
10.1. 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.
10.2. 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.
Our default option is the Standard Data Erasure option. PARTICIPANT must affirmatively choose Certified Data Erasure to receive the benefits of this option.
10.3. SHREDDING PROTOCOL:
Any reference to “shredding process”, “certified shredding process”, or “certified shredding protocol” refers to devices processed through R2 certified companies, where the devices and/or data-containing components are shredded or otherwise data erased. PARTICIPANT expressly understands that GRC Wireless does not supervise the shredding process, and does not guarantee that the data erasure process.
10.4. 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, MDM lock, DEP lock, Remote Management lock, Kindle registration.) PARTICIPANT expressly acknowledges that GRC WIRELESS may sell or transfer PRODUCT containing an activation lock.
10.5. ENGRAVING ON DEVICES:
PARTICIPANT expressly acknowledges that data erasure services performed by GRC WIRELESS does not include removing personalized engraving or etching on devices.
10.6. NO LIABILITY:
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.
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. FULL AGREEMENT
This AGREEMENT constitutes the entire understanding between PARTICIPANT and GRC WIRELESS and supersedes all prior communications or agreements
22. 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.
