HTC Trade-Up Program Terms of Use.

1. INTENDED AUDIENCE USE: Clover Wireless provides this Trade-in Trade-up Tool ("Tool") site to you, a Consumer ("Consumer", "you" or "your") on behalf of HTC America, Inc.(" HTC") and/or affiliates, subject to these Terms of Use. The purpose of this Program is to provide you with the Tool to evaluate the Trade-Up Value (as defined herein) of your used device. Clover Wireless may update the Terms of Use from time to time without notice to you. This Tool (collectively "the Site") and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively "Content"), is intended for the lawful use of your participation. The Site is controlled and operated in whole or in part by Clover Wireless from its offices within the United States. You acknowledge that Clover Wireless reserves the right in its sole discretion to refuse or terminate access to the Tool by you at any time. Clover Wireless is HTC’s authorized agent and is solely responsible for determining used device trade-in eligibility and for all rebate fulfillments. Please contact Clover Wireless for any questions related to this program. HTC and the HTC logo are trademarks of HTC.

    1.1 Eligibility. These Terms of Use are solely between Clover Wireless and you based upon your existing, and continued good standing with HTC and affiliates and your compliance with these Terms of Use. You acknowledge and agree that HTC and affiliates shall have no legal, equitable or other liability of any kind to you as it relates to your voluntary participation in this Program.

2. 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. By your continued use of this website tool, you agree to each of the terms and conditions set forth and/or linked below. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. 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 will be prohibited from using the Tool.

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.

4. ENTIRE AGREEMENT, SEVERABILITY, APPLICABLE LAW AND LIMITATION OF ACTIONS: The Terms of Use constitute the entire agreement between you and Clover Wireless and govern your use of the Tool, superseding any prior agreements (if any) between you and Clover Wireless relating to your use of this Tool. If any provision of these web Tool 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 Wireless to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. By accessing the Tool you agree that the statutes and laws of the United States and the State of Michigan, without regard to conflicts of laws principles, will apply to all matters relating to the use of the Tool, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Michigan. 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 Tool, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The Section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

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.

6. RESTRICTIONS ON USE OF CONTENT: Copyright 2013 Clover Wireless, LLC. All Rights Reserved. The unauthorized copying, displaying or other use of any Content from this site is a violation of the law. You acknowledge having been advised by Clover Wireless that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other proprietary rights laws (collectively, "Rights"). In addition to Clover Wireless's Rights in individual elements of the Content, Clover Wireless, or its licensors, own a copyright in the selection, coordination and arrangement of the Content. You are hereby granted permission to access the Content from the Site in whole or in part, solely for the purposes of using the Tool and related services found on the Site. This permission terminates automatically if you breach any of the web site Terms of Use. Neither title nor intellectual property rights are transferred to you, but remain with Clover Wireless, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert any software that may be included as part of the Content to a perceivable form. Clover Wireless does not grant you any permission to use the Content other than the permission expressly stated in these Terms of Use. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without Clover Wireless's prior express written consent.

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 HTC iPhone Trade-In Program you must have an eligible used iPhone 4S or iPhone 5 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. The qualifying devices listed in the on-line Tool are the following:

  • A1387 iPhone 4S 16GB US AT&T/T-Mobile
  • A1387 iPhone 4S 16GB US Verizon/Sprint/Cricket/US Cell
  • A1387 iPhone 4S 32GB US AT&T/T-Mobile
  • A1387 iPhone 4S 32GB US Verizon/Sprint/Cricket/US Cell
  • A1387 iPhone 4S 64GB US AT&T/T-Mobilel
  • A1387 iPhone 4S 64GB US Verizon/Sprint/Cricket/US Cell
  • A1428 iPhone 5 16GB US AT&T/T-Mobile
  • A1428 iPhone 5 16GB US Verizon/Sprint/Cricket/US Cell
  • A1428 iPhone 5 32GB US AT&T/T-Mobile
  • A1428 iPhone 5 32GB US Verizon/Sprint/Cricket/US Cell
  • A1428 iPhone 5 64GB US AT&T/T-Mobile
  • A1428 iPhone 5 64GB US Verizon/Sprint/Cricket/US Cell

If you cannot find the make or model and believe this is in error, you can contact the program administrator at tradein@twsmail.com. The Program is only valid within the United States. You must be a minimum of 18 years of age to participate. The Program is not valid on stolen property. There is a maximum of one (1) trade-in utilizing HTC iPhone Trade In promotion per registrant. 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 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 Trade-in Value; (2) by accepting such Trade-in Value, 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 device or accessory with the coupon; and (6) you are responsible for deactivating the used device and ensuring you retire any outstanding balance. Trade-in devices must meet minimum criteria in order to qualify, as outlined in the Terms and Conditions.

To receive the minimum $150 trade in value (or actual device trade in value, whichever is greater) in exchange for the Device you trade in, you must register a valid email address on the HTCtradeup.com site, you must purchase and activate a new HTC One or HTC One mini by October 12, 2013 and mail in your used Device with a valid Proof of Purchase of your HTC One or HTC One mini (copy of UPC or invoice/ receipt showing the IMEI) post marked by October 12, 2013. 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 HTC One or HTC One mini device must be activated and remain in service for 60 days to qualify for the promotion. 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 Program and will be recycled without any payment and any OEM incentives are forfeited. After your 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 within 60 days 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.

17. ACCURACY AND REVISIONS: Clover Wireless may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that Clover Wireless and HTC shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. Clover Wireless may at any time revise these web site Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current web site Terms of Use to which you are bound.

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.