TERMS AND CONDITIONS
Effective as of October 6, 2018
THE T-MOBILE BUSINESS TRADE-IN PROGRAM ("PROGRAM") IS GOVERNED BY THESE TERMS AND CONDITIONS. PLEASE READ THESE TERMS AND CONDITIONS TO CAREFULLY UNDERSTAND YOUR RIGHTS AND OBLIGATIONS FOR PARTICIPATING IN THIS PROGRAM. IF YOU PARTICIPATE IN THIS PROGRAM, YOU AGREE TO THESE TERMS AND CONDITIONS.
- PROGRAM DESCRIPTION. Broadtech, LLC ("Broadtech") extends to you ("Customer," "You" or "Your") an opportunity to participate in the T-Mobile Business Trade-In Program. Under this Program, You have an opportunity to sell Your device(s) (collectively "Devices") to Broadtech in accordance with these Program Terms and Conditions ("Program T&Cs"). You are under no obligation to sell Your Devices. If You are willing to sell Your Devices, visit the business trade-in portal located at www.tradeintmobile.com ("Business Trade-In Portal") to begin the process. If You accept the final trade-in quote ("Final Trade-In Quote"), and the Devices meet the Programs eligibility criteria set forth in the Business Trade-In Portal and the terms set forth herein, You will receive a credit to Your business account ("Trade-In Credit") in accordance with Section 3. Broadtech reserves the right to amend, suspend or terminate the Program at any time without notice to you.
- PARTICIPANT ELIGIBILITY. To participate in this Program, You must be a current T-Mobile for Business customer in good standing. You may sell any number of qualifying Devices, which is determined by Your responses to the eligibility questions on the Business Trade-in Portal. All Devices traded in by You must have IMEIs that correspond to the Devices registered to Your T-Mobile for Business account.
- OFFER PRICE AND BILL CREDIT. You will receive an initial trade-in quote ("Initial Trade-In Quote") via the Business Trade-In Portal based on the information You provided about Your Devices. The Initial Trade-In Quote is an estimate only and Broadtech cannot confirm the trade-in value of any Devices until Broadtech receives and inspects the Devices. You will receive a Final Trade-In Quote if (A) Your Devices are shipped to Broadtech within 60 calendar days from the date You accepted the Initial Trade-In Quote ("Trade-In Period"); and (B) Your Devices satisfy the eligibility criteria, as validated by Broadtech upon receipt and inspection of the Devices. You will receive a Trade-In Credit, which will be applied to Your T-Mobile account as a bill credit within three (3) billing cycles. The Trade-In Credit that You receive, if any, will be based on the Final Trade-In Quote as determined by Broadtech in its sole discretion. If Broadtech determines that the value of Your Devices is zero, Broadtech will return Your Devices. If Broadtech determines that Your Devices are not the models indicated in the Trade-In Portal, or in the condition You represented, Broadtech may in its sole discretion re-evaluate the Final Trade-In Quote and You may receive a lesser amount.
- PACKING & SHIPPING YOUR DEVICES. Broadtech will send You the required shipping materials to safely package and ship Your Devices to Broadtech, which will include a carton(s) with a pre-paid postage shipping label and instructions to mail Your Devices. You have to ship Your Devices in the carton(s) provided by Broadtech within the Trade-In Period. When you ship the Devices to Broadtech, You agree to transfer title and ownership of such Devices to Broadtech.
- YOUR OBLIGATION TO PROTECT YOUR PERSONAL INFORMATION. It is Your sole responsibility to protect your privacy by removing all personal, confidential or sensitive information and data from Your Devices before shipment to Broadtech. Neither T-Mobile nor Broadtech will be responsible or liable for any lost data or disclosure of any personal, confidential or sensitive information that was not deleted or removed by You prior to shipment. You are solely responsible for: (A) Removal of all data and personal information including, but not limited to, passwords, contacts, emails, pictures, apps, cookies, browsing history and data, and calendars; (B) Removal of SIM Card, Memory Card and the Factory Reset of all Devices; (C) Deactivation of service, including payment of charges incurred on Your Devices until deactivated. Neither T-Mobile nor Broadtech will be responsible for any charges accrued with respect to any Devices and You will be solely responsible to pay any charges accrued before, during or after trading in any Devices; and (D) Removal of Locks and Passwords. Failure to remove locks and passwords on the Devices may result in a Final Trade-In Offer as low as $0.
- WHEN YOU SHIP YOUR DEVICES TO BROADTECH, YOU AGREE (A) TO THE TERMS IN THIS DOCUMENT; (B) TO TRANSFER OWNERSHIP, TITLE AND INTEREST IN YOUR DEVICES TO BROADTECH; AND (C) UNDERSTAND THAT ANY DEVICES YOU SHIP MAY NOT BE RETURNED AND ANY INFORMATION OR DATA ON ANY DEVICES CANNOT BE RECOVERED.
- REPRESENTATIONS & WARRANTIES. You represent and warrant that: (A) You are not under the age of eighteen (18); (B) You are authorized to trade in the Devices on behalf of Your corporate, organizational or governmental entity; (C) You possess all the rights, or will pay off any outstanding balance to obtain sole ownership rights, to sell the Devices to Broadtech; (D) You are not trading in counterfeit or stolen Devices; and (E) Your responses to the eligibility questions are truthful and accurate.
- WAIVER OF LIABILITY. IN NO EVENT SHALL BROADTECH OR T-MOBILE, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, DISTRIBUTORS, OR CONTRACTORS BE LIABLE TO YOU FOR (A) MORE THAN THE TRADE-IN VALUE OF ANY DEVICE; OR (B) FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, OR LOSS OF OR DAMAGE TO PROPERTY, WHETHER FORESEEABLE OR UNFORESSEABLE, ARISING OUT OF, FROM OR RELATED TO, THE TRADE-IN OF YOUR DEVICES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF BROADTECH OR T-MOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
- INDEPENDENT CONTRACTOR. This Program in no way constitutes or gives rise to a partnership, joint venture or other relationship between Broadtech and T-Mobile. Each party will operate under these Program T&Cs as an independent contractor and not as an agent for the other.
- INDEMNITY. You agree to indemnify and hold Broadtech and T-Mobile and their respective parents, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claims, demands, liabilities, damages, losses, costs, expenses, or fees, including reasonable attorneys fees, that such parties may incur, or made by any third party due to, connected to or arising out of Your breach of these Program T&Cs, or Your violation of any law or the rights of any third party.
- VIOLATIONS OF TERMS. Broadtech has the right to investigate complaints or reported violations of the Program T&Cs and to take any action Broadtech deems appropriate, including, but not limited to, reporting any suspected unlawful activity directly to, or through a database maintained or approved by, law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to email addresses, participation or requests for participation in the Program, IP addresses, Your account number(s), IMEI, and any other such data we have acquired from You. Broadtech reserves the right to seek all remedies available at law and in equity for violations of these Program T&Cs. These Program T&Cs incorporate by reference any agreements contained on the Business Trade-In Portal. T-Mobile or Broadtech may terminate Your participation in the Program at any time in their sole discretion, including without limitation, submission of Devices for trade-in that do not meet the eligibility criteria or are counterfeit or stolen.
- DISPUTE RESOLUTION. You understand that T-Mobile is not a party to these Program T&Cs, and that any disputes You may have with T-Mobile are governed by Your agreement(s) with T-Mobile.
- ARBITRATION. Read the Following Arbitration Provision ("Provision") Carefully. It Limits Certain of Your Rights, Including Your Right to Obtain Relief or Damages Through Court Action. As used in this Provision, "We" and "Us" will mean Broadtech and include all of its agents. Any and all claims, disputes or controversies of any nature whatsoever (whether in contract, tort or otherwise, including statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property or equitable claims) arising out of, relating to or in connection with: (A) this Program; and/or (B) the validity, scope, interpretation, or enforceability of this Provision or of the entire Program ("Claim"), will be resolved by binding arbitration before a single arbitrator. All arbitrations will be administered by the American Arbitration Association ("AAA") in accordance with its Expedited Procedures of the Commercial Arbitration Rules in effect at the time the Claim is filed. The terms of this Provision will control over any inconsistency between the AAAs Rules and this Provision. You may obtain a copy of the AAAs Rules by calling 1-800-778-7879. Upon written request, We will advance to You either all or part of the fees of the AAA and of the arbitrator. The arbitrator will decide whether You or We will be responsible for these fees. The arbitration will be held at a location selected by Us within the state in which this Program was purchased. The Federal Arbitration Act, 9 U.S.C. � 1 et seq. will govern and no state, local or other arbitration law will apply. IF ANY PORTION OF THIS PROVISION IS DEEMED INVALID OR UNENFORCEABLE, IT WILL NOT INVALIDATE THE REMAINING PORTIONS OF THE PROVISION, EXCEPT THAT IN NO EVENT SHALL THIS PROVISION BE AMENDED OR CONSTRUED TO PERMIT CLASS ARBITRATION OR ARBITRATION ON BEHALF OF ANY INDIVIDUAL OTHER THAN YOU. This Provision will inure to the benefit of and be binding on You, Your assignees and Us and shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Program. You agree that any arbitration proceeding will only consider Your Claims. Claims by or on behalf of other individuals will not be arbitrated in any proceeding that is considering Your Claims. YOU AND WE EACH UNDERSTAND AND AGREE THAT, BECAUSE OF THIS PROVISION, NEITHER YOU NOR WE WILL HAVE THE RIGHT, EXCEPT AS MAY BE PROVIDED ABOVE, TO GO TO COURT, OR TO HAVE A JURY TRIAL, OR TO PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM. California Residents Only - Notwithstanding any other terms of the Provision, which otherwise fully apply, Claims seeking statutorily authorized injunctive relief that, if granted, would have the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public may be arbitrated.
- NOTICES AND SEVERABILITY. All notices or requests pertaining to these Program T&Cs will be in writing and will be sent by email, facsimile or recognized commercial overnight courier at the addresses You provided to Broadtech. Notices will be deemed received upon receipt of written confirmation of transmission when sent by facsimile/email or signing for receipt of delivery, if sent by overnight courier. The failure of any party to require performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Program T&Cs will be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity will not render these Program T&Cs unenforceable or invalid as a whole and, in such event, such provisions will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.