Terms of Sale Agreement
youchange.com is a service provided by YouChange Holdings Corp., a publicly traded company (listed YCNG ) wherein you, the seller, offer to sell to youchange your product (hereinafter the "Product") after either receiving a "quote" from youchange.com to ship or drop-off your products or by dropping off your products at a youchange drop-off location or a youchange event without receiving a “quote” from youchange.com. The youchange.com “quote” is generated by the youchange.com website and is an offer in the form of an email and either a shipping or drop-off label. By using youchange's website, drop-off location, or drop-off event and or any affiliate or powered by youchange website and participating in the service, you agree to the terms and conditions set forth herein. Additional terms and conditions applicable to the use of the site, privacy concerns, specific areas of this Site, or to particular content or transactions are posted in particular areas of the site and, together with these Terms of Sale, govern your use of those areas, content, or transactions. These terms, together with applicable additional terms and conditions, are terms of a legal agreement between you and YouChange Holdings Corp., and are collectively referred to herein as the "Agreement."
Conditions of Use
YouChange Holdings Corp is a company, to which individuals and organizations offer to sell cell phones, laptop computers, and other items (“item”) through youchange.com (“youchange” or “us”).
As a condition of utilizing the functions and services provided by youchange, you must read and agree to be bound by all the terms and conditions contained in this Agreement. Should you access any area of the youchange website, use any tools, functions or services that the Site offers, view any text or graphics published on the site, or use any of our services, by either submitting an order on the youchange website or by telephoning, faxing, emailing, or writing to us to make that request, confirms that you have read this Agreement and agree to be bound by the terms and conditions contained herein.
Should you not agree to be bound by all the terms and conditions contained in this Agreement, you must refrain from engaging in any business activity with youchange or from contacting us to request information, product, or services.
Ownership
youchange.com and its applications, content, and other components of the Site are the property of youchange and YouChange Holdings Corp. The Site and all materials, including but not limited to the youchange logos, designs, text, images, audio and video clips, and trademarks and the arrangement of the Site are copyrighted by youchange and are protected by United States and international intellectual property laws.
Accuracy of Information
youchange makes every effort to ensure the accuracy of all information presented on its website, literature or any communication. In the event of typographical errors, technical inaccuracies, pricing errors or omissions, youchange reserves the right to correct the error. If youchange corrects an error that will have a material effect on our settlement offer, youchange will provide you with the following options: (1) to continue with the transaction based on the corrected information; or (2) to cancel your transaction, in which case youchange will promptly return your shipment.
Links
youchange contains links to third party web sites. youchange has not reviewed all of the sites linked via its web site, and is not responsible for the content of any linked sites. These links are provided solely for the benefit of our customers and do not imply any endorsement by youchange, its third party partners, or its employees. Use of any such linked website is at the user’s own risk.
Contact Information
You agree and affirm that all contact information provided to youchange, including email address, physical address, and telephone numbers is current and that it is your responsibility to provide us with updated contact information. You further agree that any email message that we send to you, not returned by our mail servers, is deemed to have been effectively received by you and constitutes due notice to you by email.
Transfer of Funds
youchange offers payment via check. Please allow up to ten (10) business days after we receive the item to process your payment.
1. Party Responsibility. Any and all transactions conducted on this site are solely the responsibility of youchange and such visitors.
2. Product Qualification. youchange tries to offer a "quote" for the purchase of every product you want to sell. While youchange will make every effort toward providing a quote on all products, it does reserve the right, in its discretion, to not provide an offer.
3. Product Valuation; Product Recycling. All quotes will be based on youchange's own determination of the product value with the information you supply. youchange will use its discretion to determine the product value, weighing factors that may include the product's model, functionability, and condition. Upon receiving a quote, you have the option of offering for sale your product to youchange. If youchange determines the product has nominal value, youchange may quote offer no cash value, however may offer youchange reward points. If you continue with this $0 value transaction and offer, youchange will accept the product in order to recycle the product through it’s certified recycling network.
4. Sending youchange Your Product. When packaging your device, be sure to include all materials you told us about when we calculated your quote as well as any other materials that came with your product or you may have purchased for it. This may include software, accessories, adapters, and manuals. Failure to include any items you told us about when the quote was calculated, or sending us a product which does not match your original description, may impact the final value of your product and may result in a recalculated quote.
5. Removing Data From Your Product. For products involving devices that store files and personal data on hard drives, memory chips or the like, youchange will use its best efforts to remove all data from your product, but makes no guarantee in this regard. It is strongly recommended that you back up your data and then use your best efforts to erase it from your product before shipping. By sending youchange your product, you agree to, upon its acceptance by youchange, release us from any claim as to the product, the data stored in such product, or any information on any media used in conjunction with the product and which you send to youchange, or for such data's security, integrity, confidentiality, disclosure or use. youchange is not responsible for any loss suffered by you due to any data that is not erased from the device and transferred to a third party.
6. Product Inspection; Quote Recalculation. All Products are inspected upon receipt by youchange staff. youchange has the option to accept or deny the product. There may be instances when youchange recalculates the original quote for the product. If the product is as described, with all materials described, and sent to youchange in a timely manner (within two weeks of the quote), youchange will honor all quotes made for your product. Packing and shipping recommendations should be followed in order to avoid possible damage or loss, which may also affect the quote. In the event youchange recalculates the quote you shall have the option of accepting or rejecting the new quote. If you choose to accept the new quote, you will be paid in normal course and in accordance with these service terms. If you choose to reject the new quote, youchange will return the product to you at the address from which it was originally sent. youchange will give you five (5) days – from the day youchange recalculates the quote – to accept or reject the new quote. youchange will also remind you of the outstanding new quote one or more times during the period. However, if the new quote is neither accepted nor rejected after the 5 days, YouChange will consider the absence of communication as acceptance of the new quote, and you will be paid the new quote in normal course and in accordance with these service terms.
7. Condition Defined. youchange uses four (4) product conditions to grade products, ranging from "Excellent" to "Poor." Conditions can widely vary between categories and types of products. Broadly, youchange's product definitions are as follows:
1. Excellent: the item is in perfect condition with no scratches, scuffs, or signs of use.
2. Good: the item has evidence of normal use, such as light scratches or scuffs, but is otherwise 100% functional.
3. Fair: item functions perfectly but has major scratches and/or dents.
4. Poor: the item has physical or functional issues such as cracked body, damaged display, missing or broken parts, dents, deep scratches, personalization(s), etc.
The above definitions are broad guidelines. More specific condition definitions – catered to the category and/or type of product – are included on the website offer screen and serve as the effective condition definition for that product. Condition definitions are subject to change at youchange's discretion.
8. Fitness for Sale. You must own the right, title, and interest in any and all items you seek to sell to youchange. Such items, or the sale and shipment of such items, must not violate any applicable laws, statutes, ordinances, or regulations including export laws. You are responsible for complying with any and all such laws. Any items you seek to sell through the site using youchange's services: (1) shall not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), (2) shall not be counterfeit, stolen, or fraudulent. You represent and warrant that the products are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due. By using the youchange service, you agree to indemnify youchange from all claims or losses sustained by youchange as a result of any breach of this warranty.
9. Releasing Rights to Product. Once you send youchange your product, youchange cannot and does not guarantee that it will be able to honor any request for return of the product and/or any data or information contained in said product although all efforts will be made.
10. Risk-Of-Loss. You remain responsible for the risk-of-loss for the products until delivery of the same to youchange. You are responsible for any damages that may occur to your product while in transit. Risk-of-Loss only passes to youchange upon youchange's opening of the packaging in which the Product was sent by you. If youchangedenies your offer to purchase your product, risk-of loss will be transferred to you at point of return delivery to you by youchange, provided, pursuant to these terms and conditions you request the return of the product.
11. Passing of Title; All Decisions Are Final. Title of the product passes to youchange upon the product's acceptance following inspection at the designated youchange "Ship To" location. If youchange does not accept the product, for whatever reason, title shall not pass and shall remain with you. All decisions of acceptance or denial of your offer to use The Service or youchange's purchasing the Product by youchange are final.
If product is dropped off at youchange location or event and is not claimed by member joining or providing information to track ownership, title passes to youchange after 10 calendar days.
12. Non-Transferable. This offer is non-transferable, not redeemable for any other consideration other than what is quoted by youchange, and upon your receipt of the Purchase Price, in whatever form sent, it is non-refundable. Prices offered by youchange are subject to, and will, change without notice; youchange will terminate offerings on certain Products at any time and without advanced notice.
13. Promotions. From time to time, and at youchange's sole discretion, youchange may offer promotional programs as an incentive to customers. Promotions applicable to payments are applied as an increment to the final value of a customer's product, but they are not considered a change in that final value. Promotional programs have explicitly defined terms, including but not limited to expiration; usage per person, per transaction; and other limitations and restrictions. Unless otherwise stated, promotions must be applied at the point of the transaction. youchange reserves the right, in its sole discretion, to cancel or refuse promotions.
14. Accuracy of all Information. youchange makes every effort to ensure the accuracy of all information that you receive in relation to your product. In the event of typographical errors, technical inaccuracies, or product pricing errors or omissions, youchange reserves the right to correct the error at any point of the process. If youchange corrects the error, youchange will provide you with the following options: (1) to proceed with the transaction based on the corrected information; or (2) to cancel your transaction, in which case youchange will promptly return the product back to you.
15. General Provisions:
1. Entire Agreement/No Waiver. These Terms of Service constitute the entire agreement of the parties with respect to the subject matter hereof. The captions are used only as a matter of convenience and are not to be considered a part of this agreement or be used in determining the intent of the parties to it. No waiver by youchange of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
2. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. youchange therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. youchange does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
3. Modification. youchange reserves the right to modify this Agreement at any time without giving you prior notice. Your use of The Service and following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Service were revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.
4. These terms and conditions are governed by and construed in accordance with Arizona law, and no conflict of laws or provisions of any jurisdiction will apply to these terms and conditions. By clicking on the "accept" button below, you agree that any action at law or inequity arising out of or relating to these terms and conditions will be filed only in state or federal court located in Phoenix, Arizona, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these terms and conditions. Any feedback regarding the above agreement, please feel free to email info@youchange.com
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