Terms and Conditions (“Terms”)
Last updated: September 30, 2015
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.oofoog.com website (the “Service”) operated by Oofoog LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
-To partake in this service you must meet the following requirements;
Oofoog LLC. Will not acquire, accept, or return and devices shipped to us from outside of the United States. You the consumer exemplify that you have full legal ownership of the device(s) that you are sending to us and that the device(s) are not stolen or counterfeit. It is your responsibility as the consumer to ensure that the devices, or the shipment and sale of such devices, do not infringe any applicable laws, ordinances, statutes or administrations inclusive of export laws. All devices you intend to dispense using Oofoog LLC.’s services must not violate the intellectual property rights of third parties (Inclusive of trademarks, patents, copyrights, trade secrets or alternative property rights).
It is not a requirement to register in order to visit Oofoog LLC’s website. However, it is required to register if a customer decides to use all or any of Oofoog LLC’s services. If you decide to go through with Oofoog LLC’s services, you agree to provide complete and accurate information. By using our services, you agree that you are legally able to enter into contracts. You are responsible for the accuracy of the information inputted. You are responsible for any unauthorized use of your information that is submitted to us during a transaction. You are responsible for any unauthorized transaction that may occur as a result of others using your information.
Releasing Rights to Devices
Upon shipping your device to Oofoog LLC for sale, Oofoog LLC does not guarantee that it will be able to honor any request for the return of the device which includes but is not limited to information and data that is contained in or with the use of your device. In the case where Oofoog LLC inspects your device and sends you a recalculated offer, if you choose to reject our offer within the (5) day period, we will return your device to the address that you indicated when initially shipping your device to us.
Before sending your device to Oofoog LLC, you must first back-up and save all of your information to a source other than on your device. You agree that by sending your device to Oofoog LLC, upon our acceptance of your device, you release us from any claim to the device, the content stored within the device as well as any other application used in tandem with the device. Upon our acceptance of your device, you also release us from any claim as to the confidentiality, security, use or disclosure of the information held by your device. Oofoog LLC is not held accountable for any loss that you may sustain that is a result of information that is not erased from your device before sending it to Oofoog LLC.
Oofoog LLC. And its subsidiaries reserve the right, in their discretion, to decide if a value offer is given for your device. All quotes are taken into account and set at Oofoog LLC.’s own evaluation. Values for devices are based off of a number of factors including but not limited to; condition, value and model. When receiving a quote, you have the choice of accepting or rejecting it. If you decide to accept it, you will be prompted to a few pages, which will require you to fill in the forms and accept the terms and conditions in order to sell your device to Oofoog LLC. If you do not see your device on our website, simply send us an email at email@example.com with a description of your device and we will respond with a quote.
Oofoog LLC is not accountable for any loss or damage that may occur during shipping. Be sure to package any and all devices that you informed Oofoog LLC about when you received your quote. Any device that Oofoog LLC receives which does not match the criteria for which the initial quote was given will receive a recalculated quote. You, the “sender”, have (5) days from the point when you receive our recalculated quote to respond with a decision. If Oofoog LLC does not receive a response within (5) days of sending thee recalculated quote, the new recalculated quote will be accepted and processed. If Oofoog LLC receives an device that does not match the criteria for the initial quote, and if the device is not part of the list of devices Oofoog LLC purchases, then the device will be contributed to the “R3” section of Oofoog LLC, where, as a result, you will not be paid.
Recalculated Device Offers
Upon receiving a device, Oofoog LLC evaluates the device to confirm that it is in accordance with the criteria’s that were expressed when the initial quote was given. If a device is received by Oofoog LLC that is not as described or in accordance with the criteria stated initially when the quote was issued, Oofoog LLC holds the right, in its discretion, to adjust the initial quote given to a more suitable one that reflects the condition of the device at the time of inspection. During this time, you will receive an email with the recalculated quote that we feel is suitable for your device. You will have (5) days to respond from the point of receiving the recalculated quote in your email address that you provided to Oofoog LLC. You have the right to accept or reject our recalculated quote but we must receive a response from you regarding your decision within the (5) day period. If you accept the recalculated quote, we will proceed with acquiring your device and you will be paid within (14) days. If you reject our recalculated quote, we will ship your device to the same address that you provided to us initially. If you do not respond within the (5) days allotted to you from the point of receiving our recalculated quote, we will proceed with acquiring your device and you will be paid the recalculated quote in the normal time and in accordance with these terms and conditions. Once you have made your decision and accepted the original or recalculated quote given to you, it is final, you may not change your mind after about proceeding with such an offer.
You, the “sender”, are responsible for the Rick-of-Loss for the devices being sent if they are reported as lost or damaged while it is in transit to Oofoog LLC. Oofoog LLC relinquishes the responsibility of Risk-of-Loss over to you, the “sender”, once Oofoog LLC transfers the package to the carrier in the case that your device be returned to you. You are responsible for the Risk-of-Loss that may occur while your device is in transit to you. Oofoog LLC holds the responsibility of Risk-of-Loss when it opens the package that holds your device and relinquishes any responsibility for Risk-of-Loss if for any reason, your device is returned to you.
Oofoog LLC inspects all devices upon arrival to ensure that they match the description that was given by the customer when they received the quote. All devices that do not match their description given by the cutomer will be revaluated and a reclulated quote will be given. The customer has (5) days from the point of receiving the recalculated quote to respond with a decision. If Oofoog LLC does not receive a response within (5) days of sending thee recalculated quote, the new recalculated quote will be accepted and processed and you will be paid within (14) days from the point the recalculated quote is processed. If the customer rejects the offer within the (5) days the recalculated quote was sent, then Oofoog LLC will return the device to the address that you gave when the initial quote was accepted. All devices must be sent within (14) days of receiving the shipping label in your email address, all devices sent passed (14) days of receiving the shipping label risk getting a recalculated quote.
Oofoog LLC, in its discretion, might present promotional programs to its customers as an incentive. Any promotion that is used only adds to the value of the given quote as an increment. All promotions have specific terms that apply to them, which include but are not limited to, their usage per person, their expiration, and their use per transaction as well as other limitations. Oofoog LLC holds the right to cancel any promotion at any time.
Oofoog LLC. holds the right, in its discretion, to evaluate which devices are suitable for acquisition or sale by Oofoog LLC. services and Oofoog LLC. website. Oofoog LLC. reserves the right to cancel the acquisition of any device at any time without advanced notice, such cancellation does not effect any of the devices that a quote has been given for which are good for (30) days from the point of receiving the quote.
The Service and its original content, features and functionality are and will remain the exclusive property of Oofoog LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any device or service without the prior written consent of Oofoog LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Oofoog LLC.
Oofoog LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Oofoog LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Oofoog LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Oofoog LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Oofoog LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.