Wamatek offers services “) through which you can (i) sell certain consumer electronic products (the “Products”) after receiving an “offer” from Wamatek by identifying your Product and its condition and completing check-out on the Wamatek Websites (each transaction, a “Trade-In”) and (ii) buy Products (each sale, a “Purchase”).  You must agree to abide by the following terms in order to use the Wamatek Services and/or the Wamatek Websites.  BY SETTING UP AN ACCOUNT OR BY USING WAMATEK’S WEBSITES, YOU SIGNIFY THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, WHICH MAY BE AMENDED AT ANY TIME BY POSTING THE AMENDED TERMS ON THE WAMATEK WEBSITES.  ANY AMENDED TERMS WILL BE AUTOMATICALLY EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED.  Wamatek reserves the right to terminate or suspend your use of the Wamatek Websites and/or the Wamatek Services if you do not comply with this Agreement or any other Wamatek policy or procedure or for any other reason we determine, in our sole discretion.

1. About These Terms.  These terms govern (i) any offer you receive to sell your Product to or through Wamatek’s Website and (ii) any Product you purchase from Wamatek’s Website.  These terms govern your use of Wamatek’s websites, the Wamatek Services, and any and all applications included therein, which are located at www.wamatek.com/legal.  Any supplemental terms or policies that accompany a specific transaction, feature, or application collectively make up an agreement between you and Wamatek (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.
2. Requirements for Trade-In and Purchase.  In order to complete a Trade-In or Purchase or to complete any other transaction with Wamatek, you must: (i) Create an account with us (Trade-In transaction only); (ii) Provide true, up-to-date and accurate account information about yourself and any Product you submit to us or Purchase from us; (iii) Comply with all terms and conditions of this Agreement; (iv) Comply with all applicable laws and regulations, including all import and export laws as described in Section 15 below; (v) Transact on behalf of yourself and not on behalf of others; and (vi) Be over eighteen (18) years of age 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 in connection with a Trade-In, you must provide us with information, including a valid email address at which you can receive an email, a valid postal address at which you can receive mail, and your first and last name.  To receive any Product you purchase, you must provide us with information including first and last name, an email address at which you receive an email, phone number, billing address, and a valid postal address at which you can receive mail (if different from the billing address).  On Wamatek’s behalf, PayPal will process your payment for a Purchase.  You must provide your applicable credit card number, expiration date, and CVV code (unless you are paying for the Purchase using your PayPal account).  Wamatek will not receive or store your credit card information.  Wamatek shall not be responsible for communication errors should your contact information be inaccurate or incomplete.  You are responsible for ensuring that you can receive emails from Wamatek. Wamatek is not responsible for any emails you did not receive because they were blocked or filtered as spam.  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 Trade-In payments or Trade-In 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 in accordance with applicable law.  The following terms also apply to any Purchase transaction: 1) Credit Card – Your credit card will be charged by Wamatek when your order is placed unless you choose to pay with your PayPal account.  2) Sales Tax – State Sales Tax will apply to all items shipped to any other jurisdiction where we are legally obligated to collect sales tax.  3) Shipping – Shipping is free for 1-3 days ground shipping within the USA.  Wamatek does not support all other shipping.  Shipping is provided by either USPS, UPS, or FedEx.  4) Returns – Wamatek offers a 30-day domestic return policy which commences on the delivery date, as reported by the shipping carrier.  Only devices experiencing a technical issue qualify for a full refund or exchange.  If a return for any other reason, Wamatek will refund the total amount of the returned item (s) minus a 15% restocking fee.  Free return shipping applies only to purchases within the 50 United States based on the original delivery address and is provided via UPS, USPS, and FedEx.  The cost of any return without an RMA and without using the supplied FedEx label is your responsibility.  5) Consumables – Consumables such as batteries have a limited lifespan.  All our devices meet an 80%-100% battery health standard.  They may not function in a like-new manner.  Please be aware that some devices require service, carrier service contracts, and/or data plans for the Product to be fully functional.  These services and plans are not included in the purchase price and are not provided by Wamatek unless and until separately offered and purchased.  6) Product Pricing – Wamatek regularly adjusts prices based on various factors, including market conditions and individual Product conditions, and therefore does not price match other Product sellers and does not provide price adjustments once payment is complete.  Prices for the same or similar Products may vary between the Wamatek Websites and third-party marketplaces like eBay or Amazon.  7) Product Availability – Products are not guaranteed to be available until the order for Purchase is accepted by Wamatek and confirmed on the applicable Wamatek Website.  Notwithstanding the preceding, Wamatek reserves the right to cancel any order for Purchase at any time before delivery of the Product for any reason.  8) Maximum Product Quantity – Wamatek does not permit more than three (3) Product purchases per transaction.  If you are interested in purchasing a greater quantity, please contact Customer Support.  9) Partial Order Fulfillment – If an order can only be partially filled, all available Products will ship, and Wamatek will reimburse the difference to the original payment method.  10) Technical Support – Wamatek does not provide any technical or other support in connection with any Product offered for sale.  You are responsible for all Product use and setup.
3. Product Eligibility.  Wamatek determines, in its sole discretion, which Products are eligible for purchase or sale by or through the Wamatek Services and Wamatek Websites and for which eligible Products Wamatek will provide an offer or sell.  Wamatek may terminate certain products’ eligibility at anytime and without advanced notice.  Still, such termination will not affect any Products for which you have already accepted an offer, which is suitable for thirty (30) days, except as outlined in Section 9 below.  Wamatek reserves the right to cancel any Purchase and refund any applicable purchase price received by Wamatek at any time before delivery of the Product to You.
4. Condition Defined for Trade-In and Purchase.  Wamatek uses three (3) basic Product conditions to grade Products for Trade-In, ranging from “Flawless” or “No Noticeable Flaws” to “Broken” or “Functional or physical problems.” Conditions can vary widely between categories and types of Products.  Broadly, Wamatek’s Product definitions are as follows: Flawless or No Noticeable flaws: the item looks like it has never been used and is 100% functional.  Good or Normal wear and tear: the item has visible signs of use but is otherwise 100% functional.  Broken or Functional or physical problems: the item does not turn on, one or more Product functions are non-operative, or the item has severe physical damage that inhibits use (e.g. broken or cracked screen or missing parts).  The above definitions are broad guidelines.  More specific condition definitions specific to the category and/ or type of Product may be included on the Wamatek Website offer screen and serve as the effective condition definition for that product.  Condition definitions are subject to change at Wamatek’s discretion.  If you are uncertain about your Product’s condition, please seek guidance by contacting Wamatek’s customer care.  Wamatek offers two (2) Product conditions for Purchase: (i) ” Wamatek Certified Good,” which means all Product features work (except for those requiring carrier service or data plans, which must be purchased separately if so desired) and the device may include minor scratches; and “Wamatek Certified Like New,” which means all Product features work (as noted above) and is cosmetically like new.  All Products available for Purchase are, where applicable, eligible for activation on the carrier network identified for that particular device.
5. Product Valuation.  All offers will be based on Wamatek’s determination of the Product value based on the accuracy of the information you supply.  Wamatek will use its discretion to determine the Product value, weighing factors that may include the Product’s model, functionality, and condition and whether you have provided necessary Product accessories.  Upon receiving an offer, you have the option of accepting or rejecting that offer.  Acceptance indicates you are willing to provide your Product to Wamatek at the offered price.  If you do not accept Wamatek’s offer, the specific transaction expires.  If, after rejecting the offer, you change your mind and want to accept the offer, you will need to open another transaction with us.  Assuming the Product is still eligible for purchase, the new offer may differ from the Product prices and are subject to change.
6. Fitness for Sale; Phone and Internet Service.  You must have all rights, titles, and interests in any and all Products you seek to sell to Wamatek, and all Products must be able to be activated for new service (unless the Product is incapable of being activated because it is in “Broken” condition).  The Products and the sale and shipment of such items to Wamatek: (a) must comply with all applicable laws, statutes, and ordinances, including without limitation all import and export laws as described in Section 14 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 Wamatek Services, you agree to indemnify Wamatek from all claims or losses sustained by Wamatek due to any breach of your representations and warranties.  You are responsible for discontinuing phone, Internet, and/or any similar service on your Product before selling it to Wamatek. Wamatek is not responsible for any service charges related to your Product, whether you incur such charges before, during, or after your use of the Services.  It is also your responsibility to remove any security codes that would prevent any product’s use.
7. Sending Wamatek Your Product for Trade-In or Return.  When packaging your Product, include all materials included in your description when we calculated your offer for Trade-In, or, in the case of Purchase, include all materials provided by Wamatek in the package you received.  For Trade-In, this may include software, accessories, adapters, and manuals.  Failure to include any items you told us about when the offer was calculated, or sending us a Product that does not match your original description, may impact the final value of your Product and may result in a revised offer.
8. 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 from the Product before you send your Product to us for Trade-In.  Likewise, for Products you Purchase from Wamatek and return to Wamatek in accordance with these Terms, you agree to remove any such data from the Product prior to returning the Product to Wamatek. Wamatek’s standard practice is removing all such data from the Product; however, Wamatek does not guarantee that it will do so.  By sending Wamatek the 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 Wamatek (whether in connection with a Trade-In or a Purchase), or for such data’s security, integrity, confidentiality, disclosure or use.  Wamatek 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 data loss after you submit the Product to us.
9. Product Inspection; Offer Recalculation.  Wamatek must receive your Trade-in Product within thirty (30) days after you accept the original offer provided by Wamatek and complete the check-out process on the Wamatek Website (the “Delivery Period”), or the offer shall automatically expire.  Packing and shipping recommendations provided to you by Wamatek should be followed in order to avoid possible damage to or loss of the Product in transit.  Wamatek will inspect all Products that are received.  Wamatek 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 any Product damaged or lost in transit.  If Wamatek rejects the Product for any of these reasons, the original offer automatically expires and is rescinded.  Wamatek reserves the right to revoke the original offer and provide a revised offer for the Product if: (a) the Product and/or materials are not as described, (b) Wamatek receives the Product after the Delivery Period, and/or (c) Wamatek receives Product(s) that are different from those identified when your offer was calculated.  As described above, Wamatek typically honors the offer price you receive for your Product on the Site for a period of thirty (30 days), sometimes for a longer period in connection with a temporary extended price-lock offer (each a “Price-Lock Offer”).
10. Notwithstanding any Price-Lock Offer, Wamatek always reserves the right to recalculate the original offer price and provide a revised offer for the Product if, during the Price-Lock Offer period, the market price for your Product has declined by more than thirty percent.  Wamatek shall determine the market price during the applicable period and whether there has been any such decline in its sole discretion.  If you elect not to accept the recalculated offer price, your Product will be returned to you.
11. Recalculated Product Offers after Inspection.  If Wamatek recalculates the offer it provided for the Product after it has been received and inspected for Trade-In, as described above, you shall have the option of accepting or rejecting the new offer.  If you accept the new offer, you will be paid in the ordinary course and in accordance with these service terms.  If you reject the new offer, Wamatek will return the Product to you at the address from which it was initially sent.  Wamatek will give you fifteen (15) days after Wamatek presents you with a recalculated offer via email at the address you provided to accept or reject the new offer (the “New Offer Period”).  Wamatek will also remind you of the outstanding new offer twice during the New Offer Period.  However, if the new offer is neither affirmatively accepted nor rejected by you during the New Offer Period, the new offer will be deemed to have been accepted by you, and you will be paid the new offer price in the ordinary course and following these service terms.  For the avoidance of doubt, your acceptance of the original offer and/or any new offer is final, and you may not change your mind later about accepting such an offer.
12. Releasing Rights to Product.  Once you send Wamatek your Product for Trade-In, Wamatek cannot and does not guarantee that it will be able to honor any request for the return of the Product and/or any data or information contained in such Product.  Of course, if Wamatek rejects the Product or you do not accept any new offer for the Product according to Sections 9 and 10 (“Return Circumstances”), your Product will be returned to you as outlined in Sections 9 and 10.
13. Risk-Of-Loss. You remain responsible for the risk of loss for the Products sent to Wamatek for Trade-In until delivery of the same to Wamatek.  You are responsible for any damages that may occur to your Product while in transit.  Wamatek is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event Wamatek returns your product to you for any reason.  For the avoidance of doubt, in such an event, the risk of loss will be transferred to you once Wamatek delivers the package to the carrier for return to you, and you will bear the risk of loss while the Product is in transit.  If you return a Product to Wamatek that you Purchased, you are responsible for the risk of loss for the Product until Wamatek receives the Product.  You are responsible for any damages that may occur to the Product while in transit back to Wamatek.
14. Passing of Title.  Title to the applicable Product sent to Wamatek for Trade-In passes to Wamatek upon Wamatek’s acceptance of the Product for the original offer or the new offer, as applicable.  If there is a Return Circumstance, the title shall not pass and remain with you.
15. Non-Transferable.  Any offer by Wamatek for your Product for Trade-In is non-transferable and not redeemable for any consideration other than what is offered by Wamatek.
16. 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 any 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 authorizations and clearances to convey any Product to Wamatek in connection with a Trade-In, 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 Wamatek for sale any Products that would violate the provisions of this Section 15.
17. Promotions.  From time to time, and at Wamatek’s sole discretion, Wamatek may offer promotional programs as an incentive to customers.  Promotions applicable to payments are applied as an increment to a customer’s product’s final value, 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 transaction, and other limitations and restrictions.  Unless otherwise stated, promotions must be applied by you before checkout.  To avoid doubt, promotions cannot be applied to the same transaction once checkout is completed.  Wamatek reserves the right, in its sole discretion, to cancel or refuse promotions.
18. Accuracy of all Information.  Wamatek 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, Wamatek reserves the right, at any time before payment, too (a) Correct an error.  (b) Change the offer or cancel the Purchase before your receipt of the Product.  If the Product has already been sent to Wamatek for Trade-In, the changed offer will become a New Offer subject to the processes outlined in Section 9 and Section 10.  Otherwise, the changed offer will be a reissued original offer, which you may accept or reject.  (c) Void a transaction.  If the Product was already sent to Wamatek, Wamatek would be deemed to have rejected the Product resulting in a Return Circumstance subject to Section 11.
19. Privacy.  Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
20. Electronic Notices and Transactions.  You agree to transact with us electronically, including, without limitation, agreeing to terms and conditions or offering to sell your product electronically.  You authorize Wamatek to provide you with terms and important notices about Wamatek and your transactions to an email address you provide to us or by posting notices on an applicable page (or my account area) on wamatek.com.  You must keep your email address accurate and up-to-date, maintain a valid one, and ensure that emails we send you are not filtered or stopped by spam filters or other email-blocking functionalities.  If you no longer desire to transact electronically with us, you may no longer use the Wamatek Websites.  You can retrieve and review this Agreement by clicking on the “Legal” link at www.wamatek.com.
21. Access.  You are responsible for obtaining at your own expense all equipment and services needed to access and use the Wamatek Websites and the Wamatek Services, including all devices, Internet browsers, and Internet access.  If you access the Wamatek Website and the Wamatek Services through a mobile or wireless device, you are responsible for all fees your carrier may charge you for data, text messaging, and other wireless access or communications services.
22. Use of Services.  By using Wamatek Websites, you agree not to (i) access any of the Services by any means (including, without limitation, by use of scripts, web crawlers, or similar methods) other than through the user interface provided by Wamatek; and (ii) engage in any other activity that interferes with or disrupts the Services or performance of the Wamatek Websites.
23. No Warranties.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE WAMATEK 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 WAMATEK WILL MEET YOUR REQUIREMENTS.
24. Limited Liability.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WAMATEK OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, OR CONTRACTORS (COLLECTIVELY, THE ” WAMATEK PARTIES”) BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR PROPERTY DAMAGE, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER CONCERNING YOUR TRANSACTIONS WITH WAMATEK UNDER THIS AGREEMENT REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF WAMATEK AND THE WAMATEK PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE WAMATEK SERVICES AND WAMATEK WEBSITES EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US OR (II) $100.  THE LIMITATIONS OUTLINED IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD, INTENTIONAL, MALICIOUS, OR RECKLESS MISCONDUCT OR FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE WAMATEK SERVICES.
25. Indemnity.  You agree to indemnify, defend, and hold harmless Wamatek and the Wamatek Parties 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 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 your indemnification.  In such case, you agree to cooperate with our defense of such a claim.
26. Entire Agreement/No Waiver.  This Agreement constitutes the parties’ entire agreement concerning 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 Wamatek of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  Sections 6, 8, 11, 13, 15, 18, 19, and 22 through 28 shall survive termination of this Agreement.
27. Correction of Errors and Inaccuracies.  The Wamatek Websites and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current.  Wamatek reserves the right to correct any errors, inaccuracies, or omissions and to change or update the Content at any time without prior notice.  Wamatek does not guarantee that any errors, inaccuracies, or omissions will be corrected.
28. Modification.  Wamatek reserves the right to modify this Agreement at any time.  If you disagree with the changes, you may discontinue using the Wamatek Websites and/or the Wamatek Services.  Your continued use of any Wamatek Website and/or Wamatek Services after such changes take effect constitutes your acceptance of such changes.  Each time you submit a Product for sale to Wamatek, you reaffirm your acceptance of this Agreement as in effect at the time of such use.  You are responsible for reviewing this Agreement each time you use the Wamatek Websites and/or the Wamatek Websites.  The last date this Agreement was revised is set forth below.

28. Applicable Law and Venue.  THIS AGREEMENT AND THE TERMS OF SALE AND TRANSFER OF TITLE OF YOUR PRODUCT ARE GOVERNED AND CONSTRUED IN ACCORDANCE WITH MINNESOTA 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 IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN SUFFOLK COUNTY, MASSACHUSETTS, 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 email support@wamatek.com.  Last Updated:  October 29, 2022