BUYBACK BOSS TERMS & CONDITIONS

This website is owned by Wight Investments, LLC, doing business as BuybackBoss (“BuybackBoss,” “we,” “our” or “us”) offers services (the “Services”) through which you can (i) sell certain consumer electronic products (the “Products”) after receiving an “offer” from BuybackBoss by identifying your Product and its condition and completing check-out on the BuybackBoss Website (each transaction, a “Sale”) and (ii) buy Products from us (each, a “Purchase”). By accessing and using this Website you agree to be bound by and to act in accordance with these Terms & Conditions (“Terms”) and our Privacy Policy (https://buybackboss.com/privacy-policy/).

These terms govern (i) any information you provide to us about your Product, (ii) any offer that you receive to sell your Product through BuybackBoss’s Website and (ii) any Product you purchase from BuybackBoss’s Website. These terms, the terms that govern your use of the BuybackBoss Website, the BuybackBoss Services and any and all applications included therein, and any supplemental terms or policies that accompany a specific transaction, feature or application, collectively, make up an agreement between you and BuybackBoss (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 exercising rights under this Agreement.

IF YOU DO NOT ACCEPT THESE TERMS THEN DO NOT SUBMIT INFORMATION THROUGH OUR WEBSITE OR SEND YOUR PRODUCTS TO US. THESE TERMS MAY BE AMENDED AT ANY TIME BY POSTING THE AMENDED TERMS ON THE BUYBACKBOSS WEBSITE. BuybackBoss reserves the right to terminate or suspend your use of the BuybackBoss Website and/or the BuybackBoss Services if you do not comply with these Terms or any other BuybackBoss policy or procedure, or for any other reason we determine, in our sole discretion.

TERMS RELATED TO THE SALE OF YOUR PRODUCT TO US:
In order to complete a Sale, you must: (i) provide true, up to date and accurate information about yourself and any Product you submit to us or Purchase from us; (ii) comply with all terms and conditions of this Agreement; (iii) comply with all applicable laws and regulations; (iv) transact on behalf of yourself and not on behalf of others; and (v) 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 Sale, 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. BuybackBoss 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 BuybackBoss and BuybackBoss is not responsible for any emails that were not received by you 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 Sale payments or Sale 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.
Product Eligibility. BuybackBoss determines, in its sole discretion, which Products are eligible for purchase by BuybackBoss through our Website. BuybackBoss 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 an offer, subject to inspection as set forth in Section 8 below.
Condition Defined for Sale. BuybackBoss uses five (5) basic Product conditions to grade Products you wish to sell to us: “Brand New,” “Mint,” “Used,” “Damaged,” or “Broken.” Guidelines and condition definitions are shown during the quoting process on our Website. It is your responsibility to ensure that you review the definitions carefully and accurately choose the condition that applies to your Product. Condition definitions are subject to change at BuybackBoss’s discretion. If you are uncertain about your Product’s condition, please seek guidance by contacting BuybackBoss’s customer Support (https://buybackboss.com/support/).
Product Valuation. All offers will be based on BuybackBoss’s own determination of the Product value in reliance on the accuracy of the information you supply us. BuybackBoss will use its discretion to determine the Product value, weighing factors that may include the Product’s model, functionality and condition. Upon receiving an offer, you have the option of accepting or rejecting that offer, or donating your Product through our Giveback Program. Acceptance indicates you are willing to provide your Product to BuybackBoss at the offered price. If you do not accept BuybackBoss’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 at which point, assuming the Product is still eligible for purchase, the new offer may be different as Product prices are subject to change. Sending us a Product which does not match your original description, may impact the final value of your product and may result in a revised offer or rejection of your Product as further described in Section 8 below.
Fitness for Sale; Phone and Internet Service. You must have all right, title, and interest in any and all Products you seek to sell to BuybackBoss 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 BuybackBoss: (a) must comply with all applicable laws, statutes, ordinances, (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. By using the BuybackBoss Services, you agree to indemnify BuybackBoss from all claims or losses sustained by BuybackBoss as a result of any breach of your representations and warranties. It is your responsibility to discontinue phone, Internet and/or any similar service on your Product prior to selling it to BuybackBoss. BuybackBoss is not responsible for any service charges related to your Product, whether you incur such charges before, during or after your shipment of the Product to us. It is also your responsibility to remove any security codes that would prevent use of any Product.
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 Sale. BuybackBoss’s standard practice is to remove all such data from the Product; however, BuybackBoss makes no guarantee that it will do so. By sending BuybackBoss 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 BuybackBoss (whether in connection with a Sale or a Purchase), or for such data’s security, integrity, confidentiality, disclosure or use. BuybackBoss 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 the Product to us.
Product Inspection; Offer Recalculation. Your Product must be received by BuybackBoss within fourteen (14) days after you accept the original offer provided by BuybackBoss and complete the check- out process on the BuybackBoss Website (the “Delivery Period”) or the offer shall automatically expire. Packing and shipping instructions provided to you by BuybackBoss should be followed in order to avoid possible damage to or loss of the Product in transit. BuybackBoss will inspect all Products that are received. BuybackBoss 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 (g., FCC rules, etc.) and/or any Product damaged or lost in transit. If BuybackBoss rejects the Product for any of these reasons, the original offer automatically expires and is rescinded. BuybackBoss 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) the Product is received by BuybackBoss after the Delivery Period, and/or (c) BuybackBoss receives Product(s) that are different from those identified when your offer was calculated. If you elect not to accept the recalculated offer price, your Product will be returned to you.
Recalculated Product Offers after Inspection. In the event BuybackBoss recalculates the offer it provided for the Product after it has been received and inspected, you shall have the option of accepting or rejecting the new offer. If you accept the new offer, you will be paid in normal course and in accordance with these service terms. If you reject the new offer, BuybackBoss will return the Product to you at the address from which it was originally sent. BuybackBoss will give you a period of fifteen (15) days after BuybackBoss presents you with a recalculated offer via email at the address you provided to accept or reject the new offer (the “New Offer Period”). 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 normal course and in accordance with 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 offer.
Risk of Loss. You remain responsible for the risk of loss for the Products sent to BuybackBoss for Sale until delivery of the same to BuybackBoss. You are responsible for any damages that may occur to your Product while in transit. BuybackBoss is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event BuybackBoss returns your product to you for any reason. For the avoidance of doubt, in such event, risk of loss will be transferred to you once BuybackBoss delivers the package to the carrier for return to you and you will bear the risk-of-loss while the Product is in transit.
Passing of Title. Title to the applicable Product sent to BuybackBoss for Sale passes to BuybackBoss upon BuybackBoss’s acceptance of the Product for the original offer or the new offer, as applicable.
We do not purchase items that are account locked, remote managed, counterfeit, blacklisted, or not our website. Customers will be responsible for the shipping cost of these item types being returned. An invoice will be sent in this case for the amount of the return shipping cost. We allow 7 days to pay the invoice for the shipping cost in full from the date and time the invoice is emailed. If the invoice is not fulfilled within 7 days, the items will be responsibly recycled.

TERMS RELATED TO YOUR PURCHASE OF PRODUCTS FROM US:
In order to receive any Product you Purchase, you must provide us with information including first and last name, email address at which you receive email, phone number, billing address, and a valid postal address at which you are able to receive mail (if different from the billing address). BuybackBoss’s or our authorized payment processor will process your payment for a Purchase and you are required to provide your applicable credit card number, expiration date and CVV code (unless you are paying for the Purchase using your PayPal account).
Sales Tax. State Sales Tax will apply to all items shipped to any state or other jurisdiction in which we are legally obligated to collect sales tax.
BuybackBoss provides free first class USPS shipping of Products you Purchase. Expedited shipping options are also available and can be selected during the checkout process.
Except for any products designated on the Website as final sale or non-returnable, we will accept a return of the Products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within fourteen (14) days of delivery with valid proof of purchase and provided such Products are returned in their original condition. The following applies to all returns:
1. To return Products, you must email our Returns Department at returns@BuybackBoss.com. You will be required to provide us with your order number and your name when writing. We will provide you with instructions for completing your return.
2. You bear the risk of loss during shipment of a return to us. We therefore strongly recommend that you fully insure your return shipment against loss or damage for your protection.
3. Refunds are processed within approximately two (2) business days of our receipt of your returned item. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
Consumables; Service Plans. Consumables such as batteries have a limited lifespan and may not function in a like-new manner. Please be aware that some devices require service, carrier service contracts and/or data plans in order for the Product to be fully functional. These services and plans are not included in the purchase price and are not provided by BuybackBoss unless and until separately offered and purchased.
Product Pricing. BuybackBoss regularly adjusts prices based on a variety of factors, including market conditions and individual Product condition, and therefore does not price match other Product sellers and does not provide price adjustments once a payment is complete. Prices for the same or similar Products may vary between the BuybackBoss Website and third-party marketplaces like eBay or Amazon.
Used Products. BuybackBoss offers both new and used (refurbished) Products for sale. The condition of used Products will be disclosed in the Product description on our Website and all used Product features work (except for those requiring carrier service or data plans, which must be purchased separately if so desired), but the device may include minor scratches or other minor defects as described in the Product description.
LIMITED WARRANTY ON PRODUCTS PURCHASED. BuybackBoss offers a limited warranty that begins on the date you Purchase a Product from us and ends twelve (12) months thereafter (“Warranty Period”). During the Warranty Period, we warrant that that the Products you Purchase from us will be free from defects in materials and workmanship. In our sole discretion, we will (i) repair or replace any defective Products free of charge or (ii) refund the purchase price of such Products. If we elect to repair or replace a defective Product, we will pay all shipping costs associated with the return and re-shipment of the Product via USPS first class mail. IN ADDITION TO THE LIMITATIONS OF LIABILITY CONTAINED IN SECTION III, SUBSECTION 5, BELOW, THE FOLLOWING LIMITATIONS APPLY TO THIS LIMITED WARRANTY:
1. This limited warranty extends only to the original purchaser of Products from our Website. It does not extend to any subsequent or other owner or transferee of the Product.
2. This limited warranty does not cover any damage due to: (i) transportation of the Product; (ii) improper use of the Product; (iii) your failure to perform any preventative or required maintenance; (iv) any modifications or repairs made to the Product after your Purchase; (v) normal wear and tear; or (vi) damage to the Product due to accidents, abuse or other actions or events after your Purchase that are beyond our reasonable control.
3. UNLESS PROHIBITED BY APPLICABLE STATE LAW, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

III. GENERAL TERMS

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
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 by electronic means. You authorize BuybackBoss to provide you with terms and important notices about BuybackBoss and your transaction to an email address you provide to us or by posting notices on an applicable page on our Website. It is your duty to keep your email address accurate and 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 BuybackBoss Website.
Use of Services. By using BuybackBoss Website, you agree (i) not to 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 BuybackBoss; and (ii) not to engage in any other activity that interferes with or disrupts the Services or performance of the BuybackBoss Website.
No Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE BUYBACKBOSS SERVICES AND WEBSITE “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.
Limited Liability. THE REMEDIES DESCRIBED IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUYBACKBOSS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS (COLLECTIVELY, THE “BUYBACKBOSS PARTIES”) BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL 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 BUYBACKBOSS 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 BUYBACKBOSS AND THE BUYBACKBOSS PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE BUYBACKBOSS SERVICES AND BUYBACKBOSS WEBSITE EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US OR (II) $100. THE LIMITATIONS SET FORTH IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, MALICIOUS OR RECKLESS MISCONDUCT.
Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
You agree to indemnify, defend, and hold harmless BuybackBoss and the BuybackBoss 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 indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
Entire Agreement/Severability/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. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. No waiver by BuybackBoss of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Correction of Errors and Inaccuracies. The BuybackBoss Website and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. BuybackBoss therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Website content at any time without prior notice. BuybackBoss does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
BuybackBoss reserves the right to modify these Terms at any time. If you do not agree to the changes, you may discontinue using the BuybackBoss Website and/or the BuybackBoss Services. Your continued use of any BuybackBoss Website and/or BuybackBoss Services after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale to BuybackBoss or Purchase a Product from BuybackBoss, you reaffirm your acceptance of these Terms as in effect at the time of such use.
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 ARIZONA 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 MARICOPA COUNTY, ARIZONA, 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.

If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email us at support@buybackboss.com.