3. SCOPE AND EFFECTIVE DATE OF TERMS AND CONDITIONS: These terms and conditions apply to your use of the Tool, the Site and your participation in the Program offered and maintained by Clover Wireless.
5. LIMITATION OF LIABILITY: The Program is offered and supported solely by Clover Wireless. Any and all transactions processed on this Site are exclusively the responsibility of Clover Wireless and the user. Neither Clover Wireless nor HTC will be liable for any damages of any kind arising out of or relating to the use or the inability to use this Tool, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure, lost profits and all other direct, indirect, special, incidental, exemplary or consequential damages even if Clover Wireless and HTC have been advised of the possibility of such damages. Notwithstanding the foregoing, your exclusive remedy and the total liability of Clover Wireless or HTC’s to you for all 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 Tool, its content or links, shall not exceed the amount you paid to access this Tool.
7. ELIGIBILITY TO PARTICIPATE IN PROGRAM:
7.1 Prohibited Conduct. If you choose to participate in this Program, or a promotion or other Clover Wireless sponsored activity ("Web Site Activity"), you agree to comply with any rules or regulations governing such Web Site Activity. Additionally, as a condition of your continued participation in the Web Site Activity, you agree not to: 1) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2) harm minors in any way; 3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Web Site Activity; 5) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 10) "stalk" or otherwise harass another person or entity; or 11) collect or store personal data about other users. You agree that violation of any of the foregoing, which shall be determined in Clover Wireless's sole discretion, will result in your immediate disqualification from participant in the Web Site Activity, and may result in additional legal actions being taken by Clover Wireless and/or HTC.
7.2 Program Requirements. In order to participate in the Program, you must have an eligible used device as defined by the on-line Tool. You can identify if the used device is eligible by utilizing the drop down menus to pick the make, model, and carrier for the used device. If you cannot find the make or model and believe this is in error, you can contact the program administrator through the Contact Us feature. The Program is only valid within the United States. The HTC One S urBeats promotional offer is only valid when accompanying an eligible new HTC One™ S or HTC Windows Phone 8X device purchase. Trade-in promotional offers are only valid when accompanying an eligible new device purchase and minimum trade in value of $50. You must be a minimum of 18 years of age to participate. The Program is not valid on stolen property. You must be an authorized HTC Consumer to participate in the Program. There is a maximum of two (2) trade-ins utilizing HTC trade-up promotions per month per Consumer. A valid proof of purchase is a) an original invoice with the IMEI number printed on it or b) a copy of the UPC code with the IMEI code printed on it. A copy of a UPC code is only permitted once as a valid Proof of Purchases. Clover Wireless has the right to reject any trade-ins for promotional trade-in submissions where 1) the used device is submitted by anyone other than the user of the used device and 2) when the used device was not active at the time of the new HTC One S or 8X device purchase and 3) the trade-in voucher was not agreed to by you and 4) there is an invalid proof of purchase or 5) we believe there to be fraudulent intentions. Without a valid Proof of Purchase, you will not be paid the promotional trade-up amount.
8. HOW IT WORKS: The Tool will reflect the value of a used device based upon the manufacturer, model and condition of the device ("Trade-in Value"). The Tool will generate a receipt which includes an acknowledgment by you that (1) you understand you are selling the device in consideration for the urBeats headset; (2) by accepting such the urBeats headset;, you are giving up full ownership rights to the device; (3) you understand the device will not be eligible for return; (4) you are responsible for removal of all personal information before relinquishment of device; (5) you have been advised of any return policy regarding the purchase of a new HTC One S or 8X device or accessory with the coupon; and (6) you are responsible for deactivating the used device and ensuring you retire any outstanding balance. Limited-time offer expires within 30 days of the date you complete your online registration and may end without prior notice. Trade-in devices must meet minimum criteria in order to qualify, as outlined on the website. To receive the trade-in credit for the device you trade in, you must purchase and activate the new HTC One S or 8X HTC device and mail in the used device with a valid proof of purchase (copy of UPC or invoice/ receipt showing the IMEI) and be post marked within 30 days of the date you complete your online registration. The prepaid card will be mailed via regular United States Postal Service within 60 days from receipt of both the trade-in device and required paperwork. Your new device must be activated and remain in service for 60 days to qualify for the promotion. You may trade-in one used device for each new device you purchase, up to a maximum of five used devices. Used devices that are sent in that do not qualify either because a) the model of used device is not eligible or b) the device is not in the condition stated or c) does not have a qualifying proof of purchase will not be eligible for the trade-up promotional incentive and will be recycled without any payment and any OEM incentives are forfeited. Check the value before sending in your used device as all trade-in transactions are final; after you mail-in your used device, you cannot get it back, even if you return the merchandise you purchased. In addition, you must accept any other Terms and Conditions presented by your wireless service provider that may include specific provisions or eligibility to a particular promotion. Failure to accept the Terms and Conditions, shall impact your eligibility to participate in this Program.
9. DEACTIVATION OF SERVICE: You must deactivate your used device from service prior to shipping it in to the Trade-in Center. Clover Wireless, its vendors or HTC, are not responsible for previous or subsequent airtime charges accrued to your device prior to or following participation in the Program. Should any airtime charges occur, it is your responsibility to resolve any payments issues.
10. VALID ESN OR IMEI NUMBERS: All used devices must have a valid Electronic Serial Number (ESN), International Mobile Equipment Identity (IMEI) number, or Mobile Equipment Identifier (MEID).
11. CONDITION OF TRADE-UP PRODUCT: To receive your full redemption value, you must accurately state the condition of the used device. An inspection will be performed by Clover Wireless upon receipt of your used device. The used device must power up, be fully functional, with no liquid damage, with no screen damage, with no mechanical damage and no missing parts. In order to receive your credit, Clover Wireless must first receive your used device, the printed redemption form supplied by the Tool and the proof of purchase for the new HTC device. If the used device's condition differs materially from that which you described, Clover Wireless reserves the right to unilaterally re-price your transaction quote based upon the current Trade-in Value for the condition of your used device. In the event the used device does not meet the Trade-in requirement, Clover Wireless will make an adjusted payment, including no payment, based upon the condition and eligibility of the trade-in device.
12. RIGHT, TITLE AND INTEREST IN THE USED PHONE: You must verify that you own the right, title, and interest in the used device Traded-Up in the program.
13.RETURN OF USED PHONE OR CONTENT THEREIN: Once you trade-in the used device, Clover Wireless or its vendors will not be able to return the used device or any of its contents including accessories or data contained in the used device. All transactions are final and non-returnable. There will be no substitutes or replacements provided.
14. PAYMENT: The redemption value can be applied as stated on the redemption form generated by the Trade-in Tool upon your acceptance. After purchase, you must ship in the used device and meet the eligibility and date requirements. Payments will not be made to Post Office Boxes. You will receive the credit for the redemption value 6-8 weeks from the time of receipt of the used device by Clover Wireless.
15. PREPARING THE USED PHONE FOR TRADE-UP: To receive your redemption value, you must include the requested documentation including the system generated trade-in voucher, Proof or Purchase/Receipt and ship the used device you wish to trade-in to Clover Wireless. Clover Wireless or its vendors are not responsible for items that are lost or stolen in transit. Clover Wireless has the right to deny any trade-in claim without a valid Proof of Purchase.
16. REMOVAL OF PERSONAL DATA FROM THE USED PHONE: Clover Wireless will remove any personal data from your used device. You may also choose to remove all personal or confidential information yourself.
18. TERMINATION: You agree that Clover Wireless or HTC, in its sole discretion, may terminate or restrict your use or access to this Program (or any part thereof) for any reason, including, without limitation, that Clover Wireless or HTC believes you have violated or acted inconsistently with the letter or spirit of these Terms of Service, the terms, conditions, or rules of a sweepstakes, contest, or other promotion contained within the Site.
19. PRIVACY AND INFORMATION SHARING: In order to fulfill your Trade-in request, you will share your contact information with Clover Wireless. With your consent, Clover Wireless will treat any Consumer information pursuant to HTC's privacy policies in accordance with the Master Agreement.
20. FOR ADDITIONAL INFORMATION: If you have any questions that the Trade-in Tools FAQ page cannot answer, please send your message via Contact Us online.