Phobio Terms and Conditions
The following terms and conditions shall govern your rights and obligations as a participant in the trade-in program (the “Program”) of Phobio, LLC, a Georgia limited liability company, and its related entities and affiliates (collectively, referred to as “Phobio”). By participating in the Program, you expressly agree to the terms and conditions set forth below (the “Agreement”).
All Transactions Final. All transactions under the Program are final. Phobio and its participating retailers shall be under no obligation to terminate any transaction or otherwise return any device (each a “Device”) traded-in by you under the Program.
Representations and Warranties. You hereby represent and warrant that: (1) you are the sole and rightful owner of all rights, title and interests in the Device being traded-in, free and clear of any liens or claims by third parties; and (2) the Device does not contain any content which would infringe upon any existing copyrights, trade secrets or other proprietary rights of third parties.
Trade-In Value. The trade-in value of a Device is based upon the information you supply Phobio and its representatives. The Trade-In Value is redeemable only as store credit at the location of the trade-in and may only be applied to purchase transactions occurring on the same day as the trade-in. The full amount of the Trade-In Value must be exercised at the time of the purchase transaction or the remainder will be forfeited. The Trade-In Value may not be redeemed for cash.
Deletion of Data. Phobio recommends that you erase, delete or remove any and all personal or confidential data or information stored on the Device prior to participation in the Program.
Limitation of Liability. PHOBIO SHALL NOT BE LIABLE TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING ATTORNEYS FEES, ARISING OUT OF OR IN CONNECTION WITH THE LOSS, DISCLOSURE, SECURITY, INTEGRITY, CONFIDENTIALITY OR USE OF PERSONAL OR CONFIDENTIAL DATA STORED ON ANY DEVICE TRADED-IN UNDER THE PROGRAM.
Indemnification. By participating in the Program, you expressly agree to hold harmless and indemnify Phobio and its shareholders, officers, directors, employees, contractors, agents, successors and assigns, from and against any and all claims, damages, liabilities, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of: (1) your breach of this Agreement, including, but not limited to, the representations and warranties contained herein; (2) any suit or other proceeding for infringement or misappropriation of any copyright, trade secret or other proprietary right brought against Phobio in connection with your Device you trade-in under the Program; and (3) the loss, disclosure, security, integrity, confidentiality or use of any personal or confidential information stored on a Device you trade-in under the Program.
Governing Law and Jurisdiction. Any claim relating to the Program shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. By virtue of your participation in the Program, you expressly submit to jurisdiction in the Superior Court of Cobb County, Georgia, for any and all claims arising from this Agreement.
The customer agrees to receive messages via text and/or email in service or support of this trade-in transaction. Any customer information collected will be used solely for the purposes of service to this trade-in, and will not be shared with any third parties with the exception of direct request from Law Enforcement Agencies.
If you have any questions or concerns regarding the above Agreement, you may contact Phobio at firstname.lastname@example.org. © 2015 Phobio. All Rights Reserved.
Last Update on Aug 28, 2015