SPECTRUM MOBILE TRADE-IN PROGRAM TERMS AND CONDITIONS
You have an opportunity to sell Your Device to Us per these Terms and Conditions. You are under no obligation to do so. If You request to sell Your Device, We will provide You an Offer for purchase. If You accept the Offer and satisfy all other conditions as listed below, We will provide a Credit and purchase Your Device.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS TO CAREFULLY UNDERSTAND YOUR RIGHTS AS A PARTICIPANT IN THE TRADE-IN PROGRAM. BY PARTICIPATING IN THE TRADE-IN PROGRAM, YOU ENTER INTO A BINDING AGREEMENT WITH THE SIGNAL, P.O. BOX 47168, ATLANTA, GA 30362 (“THE SIGNAL”) AND AGREE TO ALL TERMS AND CONDITIONS OUTLINED BELOW.
1. Definitions
Credit means the Offer or Adjusted Offer amount for the Device value to be paid to Spectrum Mobile on Your behalf once We accept Your Device under the Trade-In Program. The Credit shall include any promotional benefit paid by Spectrum Mobile. Should You finance Your new device, Spectrum Mobile will apply Your Credit evenly over Your remaining payment plan installments. Should You pay for Your new device in full, Spectrum Mobile will apply Your Credit to Your account within the next two billing cycles.
Device means Your cellular device or other eligible electronics that You request Us to purchase under the Trade-In Program.
Eligibility Criteria means a set of physical and functional conditions that a Device must satisfy for You to receive an Offer under the Trade-In Program. This also may include verifying device ownership, that all security features (such as Find my iPhone) are turned off and that the device was not reported lost or stolen nor was blacklisted.
Offer or Adjusted Offer means the value, based on Your Device condition, that We will pay to purchase Your Device under the Trade-In Program.
Offer Expiration Date means the date identified on the Offer or Adjusted Offer that is when the offer to purchase Your Device ends.
Trade-In Program means an optional program designed for Spectrum Mobile subscribers that provides Device trade-in services.
We/Us/Our means The Signal as the buyer of the Device You request to trade in under this program.
You and Your means the Device owner.
2. Certification
By participating in the Trade-In Program, You certify that:
a) You are over the age of eighteen (18) and are free to enter into this agreement.
b) You own the Device in full or will pay off any outstanding balance to obtain sole ownership rights to sell the Device to Us. We will not be liable for any balance owed on the Device.
c) You agree to provide Us with the information necessary to process the trade-in request.
d) You agree to surrender ownership rights to Your Device when You sell it to Us.
e) You understand that once submitted, We are under no obligation to return that Device to You.
3. Eligibility
Participant Eligibility - To participate in the Trade-In Program, You must be a new or current Spectrum Mobile subscriber. You must also be current and in good standing with the Spectrum Mobile Agreements defined in Section 8.
Offer Eligibility - Your Device must satisfy the Eligibility Criteria to receive the Offer, which is determined by Your responses to the eligibility questions. We reserve the right to reject trade-in requests that do not align with the Eligibility Requirements.
4. Program Limitations
You are permitted to sell one Device per active line at the time You activate a new line of service or upgrade an existing line.
5. How to Request Trade-In
You may contact Spectrum Mobile to request the trade-in of Your Device through the following channels:
a) A participating Spectrum Mobile location
b) Spectrum Mobile at 1-833-224-6603
c) Online via the Spectrum Mobile website at www.spectrummobile.com.
Available trade-in channels are subject to change. The agent will examine the Device when submitted in store or ask qualifying questions online or by phone concerning the Device ownership, condition and functionality prior to providing you with an Offer. If You agree to the Offer terms, You must turn in Your Device through an approved channel described in Section 6 to receive Credit.
6. Trade-In and Evaluation Process
Prior to surrendering Your Device,
a) Back up Your data
b) Turn off any security features (including deactivating any passwords and removing the device from Your security account)
c) Erase all data and settings (including passwords and mobile wallet settings) back to factory settings
d) Remove Your SIM card and any memory cards.
It is Your responsibility to protect and secure any information that You have on Your Device. Consult Your Device user guide to learn how to erase or remove such information. If Your security features are still active when We receive Your Device, We will send You a notice to deactivate this feature as well as an Adjusted Offer for the purchase if You choose not to remove this feature.
To complete the trade-in, You must surrender Your Device to Us through one of Our available channels which may include In-Store, Self-Certify or any other channel identified by Spectrum Mobile. If In-Store or Self-Certify options are available, You must surrender the Device as follows:
a) In-Store (at participating Spectrum Mobile stores) - If Your Device satisfies the Eligibility Criteria, You accept the Offer and You relinquish Your Device in-store, We will process the total Credit reflected in the Offer immediately.
b) Self-Certify - If Your trade-in request occurs in a channel other than In-Store, You will receive a confirmation and shipping label by email. Upon receipt, We will honor the Offer and process the Credit due if:
1. We receive Your Device by the Offer Expiration Date
2. Your Device satisfies the Eligibility Criteria as validated by Us upon receipt
If we receive Your Device after the Offer Expiration Date or in a different condition than what We agreed to (including if security features are active), We will contact You with an Adjusted Offer. If You choose to accept the Adjusted Offer, We will process the Credit due. If You reject the Adjusted Offer, You may request that We return Your Device. If You do not respond within the time frame specified in Our Adjusted Offer, We will treat your failure to respond within the specified time frame as Your acceptance of the Adjusted Offer, not return Your Device and process it as a trade-in. An Adjusted Offer of $0.00 may result in no promotional credit for Your trade-in Device.
7. Packing and Shipping Your Device
When You surrender Your Device in-store, the store will ship your Device to Us. For phone and online submission, You must ship Your Device to Us using the shipping label and directions provided to You. You must properly package Your Device to avoid damage during shipping.
8. Applicability
This agreement is supplement to, and separate from, any other agreements You may have with Charter Communications Operating, LLC or its affiliates including, but not limited to, its wireless services agreement and its terms and conditions (collectively the “Spectrum Mobile Agreements”). To the extent that these Terms and Conditions conflict with any other provision of any other terms and conditions of the Spectrum Mobile Agreements, the provision(s) in the Spectrum Mobile Agreements shall apply.
9. Waiver of Liability
IN NO EVENT SHALL THE SIGNAL, SPECTRUM MOBILE OR THEIR RESPECTIVE AGENTS, AFFILIATES, OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF, FROM OR RELATED TO YOUR PARTICIPATION IN THE TRADE-IN PROGRAM REGARDLESS OF THE FORM OF ACTION (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) AND REGARDLESS OF WHETHER THE SIGNAL, SPECTRUM MOBILE OR THEIR RESPECTIVE AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. IN THE EVENT THAT A COURT OF JURISDICTION FINDS THIS SECTION UNENFORCABLE, YOU AGREE THAT THE EXTENT OF THE SIGNAL’S OR SPECTRUM MOBILE’S LIABILITY SHALL BE NO MORE THAN ONE HUNDRED DOLLARS ($100).
10. Independent Contractor
The Trade-In Program in no way constitutes or gives rise to a partnership, joint venture or other relationship between The Signal and Spectrum Mobile. The Signal operates under these Terms and Conditions as an independent contractor and not as an agent for Spectrum Mobile.
11. Indemnity
You agree to indemnify and hold The Signal and Spectrum Mobile and their respective parents, subsidiaries, affiliates, officers, directors, agents and employees harmless from any claims or demands, including reasonable attorneys’ fees, made by any third parties due to, connected to or arising out of the breach of this agreement, any acts or omissions, or violation of any law or the rights of any third party by You.
12. Dispute Resolution
You understand that Charter Communications Operations, LLC is not a party to this agreement, and that any dispute that may arise with Charter Communications Operations, LLC is governed by Your agreement(s) with them including, and not limited to, the Dispute Resolution and Arbitration provisions set forth under the heading “Binding Arbitration” in Your Customer Agreement with Charter Communications Operating, LLC.
13. Mandatory Arbitration Provision
THE FOLLOWING ARBITRATION PROVISION (“PROVISION”) MUST BE READ CAREFULLY. IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION. To begin arbitration, either You or We must make a written demand to the other party for arbitration. All arbitrations shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (“Rules”) in effect at the time the claim is filed. The terms of this Provision shall control any inconsistency between the Rules and this Provision. 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. Unless You and We agree, the arbitration will take place in the county and state where You live. 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 SHALL 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. 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 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.
14. Notice
You consent to be contacted for any and all purposes at any telephone number or physical or electronic address You provide at the time of Your Trade-In Program enrollment. All notices or requests pertaining to these Terms and Conditions will be in writing and may be sent by any reasonable means including, for example, by mail, email, facsimile, text message or recognized commercial overnight courier. Notices to You are considered delivered when sent to Your Device or by email or fax number You provided, or three (3) days after mailing to Your billing address.
15. Waiver; Severability
The failure of either party to require performance by the other party of any provision of these Terms and Conditions 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 of these Terms and Conditions be taken or held to be a waiver of the provision itself. If any provision of these Terms and Conditions is unenforceable or invalid under any applicable law so held by applicable court decision, such unenforceability or invalidity will not render these Terms and Conditions 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.
BY ACCEPTING THE OFFER OR ADJUSTED OFFER, YOU (A) AGREE TO THE TERMS IN THIS DOCUMENT, (B) TRANSFER OWNERSHIP OF YOUR DEVICE TO THE SIGNAL AND (C) UNDERSTAND THAT THE SIGNAL IS UNDER NO OBLIGATION TO RETURN THE DEVICE ONCE THE OFFER IS ACCEPTED BY YOU.
Spectrum Mobile Protection Plan Trade-In Terms
I acknowledge that I have read this Spectrum Mobile Protection Plan Trade-In Terms agreement