Terms of Sale Agreement
AppleShark LLC TradeMark; ("AppleShark.com") offers services through which you can sell, or recycle certain Broken, Used, or NEW Apple products ( the "Products") after receiving a "quote" from AppleShark.com. You must agree to abide by the following terms in order to use the appleshark Services on AppleShark.com.
BY SETTING UP AN ACCOUNT, OR BY USING appleshark's WEB SITES, YOU SIGNIFY THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
About These Terms. These terms govern any offer that you make to sell or to recycle your Apple Product to or through AppleShark.com. These terms, the terms that govern your use of Apple Sharks's web sites ("AppleShark.com"), the Apple Shark Services and any and all applications included therein, which terms are located at http://www.appleShark.com/legal , the terms of Apple Shark's privacy disclosures located at http://www.appleShark.com/legal and any supplemental terms or policies that accompany a specific transaction, feature or application collectively make up an agreement between you (the Customer) and Apple Shark (the "Agreement"). You acknowledge that this Agreement is in electronic form and has the same force and effect as an agreement in writing.
In this Agreement, the term "you" or "your" means an individual or entity exercising rights under this Agreement, and the term "AppleShark.com," "we" or "us" means AppleShark.com and its affiliates and subsidiaries.
Requirements. In order to complete the sale or recycling of your Apple Product to or through Apple Shark or to complete any other transaction with Apple Shark, you must:
Create an account with us;
Provide true, up to date and accurate account information about yourself and any Apple Product you offer to us;
Comply with all terms and conditions of this Agreement;
Comply with all applicable laws and regulations, including all import and export laws as described in Section 13 below;
Transact on behalf of yourself and not on behalf of others; and
Have the legal capacity to enter into agreements and to convey title and interest in any Product that you submit to us.
In order to receive payments for any Products we purchase from you, you must provide us with information including a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, and your first and last name. You understand and agree that if you fail to provide us with accurate and up to date information about yourself: (a) we will not be responsible for any misapplied payments or payments sent to a wrong address, and (b) any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws. You agree that we have no obligation to you if any of your unclaimed funds are turned over to governmental authorities.
Product Eligibility. While AppleShark.com strives to provide a quote on each Apple Product you may wish to sell or recycle, Apple Shark determines, in its sole discretion, which Apple Products are eligible for purchase or recycling by or through the Apple Shark Services and for which eligible Apple Products Apple Shark will provide a quote for.. Apple Shark may terminate the eligibility of certain Products at any time and without advanced notice, but such termination will not affect any Products for which you have already accepted a quote to.
Condition Defined. Apple Shark uses four (5) Product conditions to grade Products, ranging from "NEW" to "DEAD." Conditions can widely vary between categories and types of Products. Broadly, Apple Shark's Product definitions are as follows:
New: Item is Brand New and has never been Used before, Item is still sealed in original manufacture packing and box. Factory Sealed.
Perfect: Item is in Mint Condition with no-known sign of use or scratches, Works like it did when item was new. May or may not have original box or packing
Good: Item has Normal wear and tear with few scratches on surface. Everything Works Great and does not look damaged.
Damaged: Item has physical or functional issues such as cracked body, damaged display, missing parts, dents, deep scratches, personalization(s), etc. io7 password lock.
Dead: Does not power on or frame damaged.
The above definitions are broad guidelines. More specific condition definitions specific to the category and/or type of Product are included on AppleShark.com. Condition definitions are subject to change at Apple Sharks's discretion. If you are uncertain about your Product's condition, please seek guidance by contacting Apple Shark's customer support.
Product Valuation; Product Recycling. All quotes will be based on appleshark's own determination of the Product value in reliance on the accuracy of the information you supply us. appleshark will use its discretion to determine the Product value, weighing factors that may include the Product's model, functionality and condition. Upon receiving a quote, you have the option of accept or to reject that quote. Acceptance indicates you are willing to provide your Product to Apple Shark at the quoted price. If appleshark determines that the Product has nominal value, appleshark may provide you a quote of $0. If you decide to continue and accept Apple Shark's quote of $0, you will send the product to appleshark and appleshark will accept the Product for recycling. If you do not accept Apple shark's quote, the specific transaction expires. If after rejecting the quote you change your mind and want to accept the quote, you will need to open another transaction with us at which point the quote may be different.
Fitness for Sale. You must own the right, title, and interest in any and all Products you seek to sell or recycle to appleshark. The Products and the sale and shipment of such items to Apple Shark: (a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws as described in Section 13 below, (b) may not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), and ( c) 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 Apple Shark Services, you agree to indemnify Apple Shark from all claims or losses sustained by appleshark as a result of any breach of this warranty.
Sending Apple Shark Your Product. When packaging your Product, be sure to include all materials included in your description when we calculated your quote, as well as any other materials that came with your Product (e.g., operating systems disks).. 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.
Removing Data From Your Product. For Products involving devices that store files and/or personal data on hard drives, memory chips or the like, you must back up and store any data you wish to keep from your Product and remove any personal information before you send your Product to us. Apple Shark's standard practice is to remove all such data from your Product, however, Apple Shark makes no guarantee that it will do so. By sending Apple Shark your Product, you agree to 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 Apple Shark or for such data's security, integrity, confidentiality, disclosure or use. Apple Shark is not responsible for: (a) any loss suffered by you due to any data that is not erased from the device and transferred to a third party, or (b) any loss of data after you submitted your Product to us.
Product Inspection; Quote Recalculation. Your Product must be received by Apple Shark within thirty five (35) days after you accept the original quote by Apple Shark (the "Delivery Period"). Packing and shipping recommendations provided to you by appleshark should be followed in order to avoid possible damage to or loss of the Product in transit. All Products that are received will be inspected by appleshark. appleshark has the option to accept or reject the Product, including without limitation, to reject any Product not conforming to the description you provided to us, any Product modified in such a way that it no longer conforms to the original factory specifications, any Product no longer complying with applicable laws or regulations (e.g., FCC rules, etc.) and/or anyProduct damaged or lost in transit. Apple Shark reserves the right to recalculate the original quote for the Product if: (a) the Product and/or materials are not as described, and/or (b) the Product is received by Apple Shark after the Delivery Period. In the event Apple Shark recalculates the quote, you shall have the option of accepting or rejecting the new quote. If you accept the new quote, you will be paid in normal course and in accordance with these service terms. If you reject the new quote, Apple Shark will return the Product to you at the address from which it was originally sent. Apple Shark will give you a period of five (5) days after Apple Shark presents you with a recalculated quote to accept or reject the new quote (the "New Quote Period"). Apple Shark will also remind you of the outstanding new quote one or more times during the New Quote Period. However, if the new quote is neither affirmatively accepted nor rejected by you during the New Quote Period, the new quote will be deemed to have been accepted by you and you will be paid the new quote in normal course and in accordance with these service terms. For avoidance of doubt, your acceptance of the original quote and/or any new quote is final and you may not change your mind later about accepting such quotes.
Releasing Rights to Product. Once you send appleshark your Product, Apple Shark 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 such Product. Of course, if Apple Shark rejects the Product or you do not accept any new quote for the Product the product will be send back to the owner.
Risk-Of-Loss. You remain responsible for the risk-of-loss for the Products until delivery of the same to Apple Shark. You are responsible for any damages that may occur to your Product while in transit. Apple Shark is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event Apple Shark returns your product to you for any reason. For avoidance of doubt, in such event, risk of loss will be transferred to you once Apple Shark delivers the package to the carrier for return to you and you will bear the risk of loss in transit.
Passing of Title. Title to the applicable Product passes to Apple Shark upon Apple Shark's acceptance of the Product for the original quote or the new quote, as applicable. If there is a Return Circumstance, title shall not pass and shall remain with you.
Import and Export Laws. You agree to comply fully with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly transfer your Product without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary
Non-Transferable. Any quote by Apple Shark for your Product is non-transferable and not redeemable for any other consideration other than what is quoted by Apple Shark.
authorizations and clearances in order to convey your Product to Apple Shark, including without limitation, valuation, classification and duties applicable with the import of any goods. Please note: U.S. trade sanctions administered by the Office of Foreign Assets Control (OFAC) generally prohibit the importation into the United States (including U.S. territories), either directly or indirectly, of most goods, technology, or services (except information and informational materials) from, or which originated from Cuba, Iran, Iraq, Libya, North Korea, Serbia, or Sudan; from foreign persons designated by the Secretary of State as having promoted the proliferation of weapons of mass destruction; named Foreign Terrorist Organizations; designated terrorists and narcotics traffickers. You may not offer or provide to Apple Shark for recycling, donation or for sale, any Products that would violate the provisions of this Section 13.
Promotions. From time to time, and at Apple Shark's sole discretion, Apple Shark 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 and per transaction, and other limitations and restrictions. Unless otherwise stated, promotions must be applied by you before checkout. For the avoidance of doubt, once checkout is completed, promotions cannot be applied to the same transaction. Apple Shark reserves the right, in its sole discretion, to cancel or refuse promotions.
Accuracy of all Information. Apple Shark makes every effort to ensure the accuracy of all information you receive in relation to your Product. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. As such, appleshark reserves the right, at any time prior to payment, to:
(a) Correct an error.
(b) Change the quote. In the event the Product has already been sent to appleshark, the changed quote will become a New Quote subject to the processes set forth in Section 9. Otherwise, the changed quote will be a re-issued original quote, which you may accept or reject.
(c) Void a transaction. If the Product was already sent to Apple Shark, Apple Shark will be deemed to have rejected the Product resulting in a Return Circumstance subject to Section 10.
Electronic Notices and Transactions
You agree to transact with us electronically, including without limitation, agreeing to terms and conditions or offering to sell, donate, or recycle your Product by electronic means. You authorize Apple Shark to provide you with terms and important notices about Apple Shark and your transactions to an email address you provide to us or by posting notices on an applicable page (or my account area) at www.AppleShark.com It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website. You can retrieve and review the Agreement by clicking on the "Legal" link at AppleShark.com
You are responsible for obtaining at your own expense all equipment and services needed to access and use the Apple Shark Websites and the Apple Shark Services, including all devices, Internet browsers and Internet access. If you access the Apple Shark Website and the Apple Shark Services through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
No Warranties. WE PROVIDE THE Apple Shark SERVICES AND WEBSITES "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH Apple Shark WILL MEET YOUR REQUIREMENTS.
Limited Liability. IN NO EVENT SHALL Apple Shark, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO YOUR TRANSACTIONS WITH Apple Shark UNDER THIS AGREEMENT. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
Indemnity. You agree to indemnify, defend, and hold harmless Apple Shark, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation or breach of any terms under this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
Entire Agreement/No Waiver. This Agreement constitutes 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 Apple Shark of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Sections 6, 8, 10, 12, 14, 17, 18 and 20 through 26 shall survive termination of this Agreement.
Correction of Errors and Inaccuracies. The Apple Shark Website (AppleShark.com) and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. Apple Shark therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Apple Shark does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
Modification. Apple Shark reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the Apple Shark Websites and/or the Apple Shark Services before the changes take effect. Your continued use of Apple Shark after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale, donation or recycling with Apple Shark, you reaffirm your acceptance of this Agreement. You are responsible for regularly reviewing periodically this Agreement, located at http://www.appleShark.com/legal . The last date this Agreement was revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.
Applicable Law and Venue. THIS AGREEMENT AND THE TERMS OF SALE AND TRANSFER OF TITLE OF YOUR PRODUCT ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH MISSOURI LAW AND TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES. 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 St. Louis, MISSOURI, 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. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH LANGUAGE.
If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email help@AppleShark.com
Last Updated: 23 October 2013