Terms of Service
Charity Device is a non-profit company that is here to serve as the transportation vehicle for your good deed! Although we’re pretty easy to get along with, Charity Device reserves the right to terminate or suspend any account that doesn’t play nice. We can tell that you’re pretty responsible, so it shouldn’t be a problem to inform you that you are in charge of following all rules associated with being a donor.
Those include the following:
· Register an account with Charity Device
· Provide current and accurate information about yourself and the products you wish to donate
· Don’t pretend to be someone else (we like you just the way you are!)
· Comply with foreign and domestic law and regulations
· Be at least 13 years of age or older
· Have the necessary right, title, and authorization of the products you are donating
Don’t send our emails to spam! Registering an account with us is important so there aren’t any communication errors. Charity Device personally inspects all donated devices and maintains the right to decide which products are deemed eligible for use. Once Charity Device receives your donation, we will send you a receipt. Unless the donation is in our possession, Charity Device is not responsible for the device during shipping.
Charity Device reserves the right to amend these terms at any time which amendments will be effective immediately after posted. If you do not agree to the amended terms, you may terminate your account and use of this Website. Charity Device also reserves the right to suspend or terminate your use and account if you fail to abide by the Terms of Service or Website User Agreements or Privacy Policies.
Charity Device is a non-profit corporation pursuant to §501(c)(3) of the IRS code; and any donations made to it under the Terms of Service are fully tax deductible insofar as the code allows. You, as a donator, are fully responsible for compliance with any and all necessary IRS rules, codes, or regulations.
About These Terms
Requirements for Donation and Purchase; Seller Representations and Warranties
In order for you to receive any Products you may purchase from Charity Device, you must register an account, providing us with some personal information, including: your first and last name; active email address; phone number; billing address; and a mailing address if the address is different than your billing address. As you must provide this information to us, Charity Device is not responsible or liable for any communication errors such as inaccurate or incomplete personal contact information, nor is Charity Device responsible for any communications blocked or filtered by spam or lost in the mail. You are responsible for ensuring that you receive any mail or email sent from
Charity Device maintains the sole discretion to determine which products are eligible for donation or sale and may terminate the eligibility of any Products at any time for any reason whatsoever. Any such termination shall not affect an already accepted offer, which is good for thirty (30) days. Charity Device retains the right to cancel any purchase and refund any money paid toward the purchase price at any time prior to delivery.
Charity Device will provide the donor with a reasonable and average estimate of the value of any products donated to us by you in a tax receipt form for tax purposes. However any such valuation, and its potential accuracy or inaccuracy, should be checked with your legal advisors to confirm its accuracy and is solely your responsibility as the donator; Charity Device is not responsible and will not be held liable for any disputes or legal action between you and the IRS regarding the valuation of donated Products. Any acknowledgment will contain the name Charity Device, the date of the donation, and a description of the goods donated and the average estimate of the value of the value of the products donated.
Fitness for Sale
When seeking to donate a Product to Charity Device, you represent that you have all necessary right, title, and ownership in any and all of such Products, and all Products must be able to be activated for new service, unless you have made clear that the Product is in a “broken” condition. Products, donation, and shipment must comply with all applicable laws, statutes, regulations, and ordinances, including any import and export laws that may apply; they may not infringe on any third party intellectual property rights; and must not be counterfeit, stolen, or otherwise illegally produced. You further represent to Charity Device that the Products are free from liens or encumbrances.
By transacting with Charity Device and using our services, you agree to indemnify Charity Device from any and all claims or losses sustained by Charity Device as a result of any breach of representations or warranties. It is your responsibility to terminate any services on your Product, including but not limited to phone or Internet, prior to sending it to Charity Device. Charity Device is not responsible for any potential charges arising from such services if they are not discontinued. It is also your responsibility to remove any security codes which may prevent future use of the Product.
Shipment of the donator’s Product to Charity Device confirms the donator’s acceptance of any terms or conditions attached to the donation. When sending your Products, you must include any and all materials included in the description you provided of your Products. Upon receipt of donator’s donation, Charity Device will notify donator of receipt.
The donator is solely responsible for any personal, financial, sensitive, or other data stored in the Products. It is donator’s responsibility to backup, store, and delete any data stored on the Products and to remove any personal information therein, before the Products are shipped to Charity Device. Charity Device maintains a practice of removing any and all such data from donated Products, but this does not guarantee that we will do so.
By sending the Product to Charity Device, you agree to release Charity Device from any claim as to the Product, the data stored on the Product, or any other information stored or used in conjunction with the Product on any media or accessories. Charity Device is not responsible for any loss to the donator due to data that is removed or not removed from the Products.
Charity Device will undertake an inspection of all Products upon receipt. Charity Device has the option
to accept or reject Products based on the condition received, without limitation, to reject any Product not conforming to your provided description of said Product, any Product modified in such a way that it no longer conforms with factory specifications, any Product that no longer complies with applicable laws, rules, or regulations, or any Product damaged or lost in transit. If Charity Device rejects any Product for any of these reasons, or for any other reason not expressly described, the original offer automatically expires and is rescinded.
Releasing Rights and Passing of Title
Upon donating your Product to Charity Device, Charity Device does not and cannot guarantee that it will honor any request for return of the Product or any data or information stored on it, unless Charity Device rejects your Product or rescinds the offer.
Title to the Product sent to Charity Device for donation passes to Charity Device upon their acceptance of the Product. In the event that the Product is returned, title will not pass to Charity Device.
Risk of Loss
Until Products are successfully delivered to Charity Device you remain responsible for the risk of loss and any possible damage to the product while it is in transit. Charity Device becomes responsible for risk of loss once the Product is delivered and the shipped package is opened. Charity Device’s responsibility ends in the event that the Product is returned to you. Your renewed responsibility begins the moment Charity Device ships the Product, and you are responsible for any risk of loss as the Product is in transit to you. You are also responsible for any Products that you purchased and wish to return to Charity Device including any damages that may occur while the Product is in transit.
Applicable Import and Export Laws
By transacting with Charity Device you agree to comply fully with any and all applicable import and export laws, rules, regulations, and orders of the United States and any potential foreign government, agency or authority. You also agree to not directly or indirectly transfer any Product without the proper required authorization from the United States or foreign government or authority. You bear any and all expenses that may be associated with complying with any applicable laws, rules, regulations and orders, as well as for obtaining any necessary authorization or clearances that may apply.
Accuracy and Correction of Information
While Charity Device makes every effort possible to ensure the accuracy of the information you receive in relation to your transactions with Charity Device, on occasion there may be inaccuracies. These may include typographical errors, technical errors, or other errors. Thus, Charity Device reserves the right, at any time prior to the completion of a transaction, to correct any error, or other inaccuracy or omission or update content without prior notice.
Warranties, Indemnity, and Limited Liability
CHARITY DEVICE PROVIDES ITS SERVICES AND THIS WEBSITE IN AN “AS IS” AND “WITH ALL FAULTS” CONDITION, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY POSSIBLE WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY. CHARITY DEVICE MAKES NO REPRESENTATION THAT YOUR TRANSACTIONS WILL MEET YOUR REQUIREMENTS.
IN NO EVENT SHALL CHARITY DEVICE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOSS OF DATA, INCOME, PROFIT, OR DAMAGE TO PROPERTY, OR ANY OTHER CLAIMS THAT MAY ARISE OUT OF THIS AGREEMENT, THIS WEBSITE, OR ANY OTHER TRANSACTIONS WITH CHARITY DEVICE.
YOU, AS DONATOR, AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CHARITY DEVICE, AND THEIR RESPECTIVE PARENT , AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, VENDORS, REPRESENTATIVES AND DISTRIBUTORS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, OR ANY OTHER SUCH EXPENSES OR FEES THAT A PARTY MAY INCUR AS A RESULT OF ANY CLAIMS CONNECTED TO OR ARISING OUT OF ANY VIOLATION OF THESE TERMS OF SERVICE, OR ANY OTHER AGREEMENT WITH CHARITY DEVICE.
Entire Agreement, No Waiver, and Modification
The Terms of Service represent the entire agreement of the parties with respect to the subject matter herein. Any captions used are implemented solely as a matter of convenience and are not to be considered as part of this agreement or to be used in determining the intent of the parties. No waiver by Charity Device of any breach or default shall be deemed a waiver of any other breach or default. Subject to termination of the Terms of Service, the sections: Fitness for Sale; Removing Data; Releasing Rights and Passing Title; Applicable Import and Export Laws; Privacy; Warranties, Indemnity, and Limited Liability; Entire Agreement, No Waiver, and Modification; and Applicable Law and Venue shall all survive.
Charity Device reserves the right to modify, alter or otherwise amend the Terms of Service at any time with no notice to any other party. Your continued use of this Website or any Services that Charity Device provides constitutes acceptance to such changes. Any changes shall be posted immediately to the Terms of Service and are binding upon being posted. You are responsible for reviewing the Terms of Service and if you do not agree with the Terms of Service or any such changes, you may discontinue using this Website or any Services Charity Device provides.
Applicable Law and Venue
THESE TERMS OF SERVICE ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MICHIGAN, U.S.A. AND, TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES, AND BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE COURTS OF MACOMB COUNTY, OR THE FEDERAL COURT IN SOUTHEAST MICHIGAN, U.S.A. YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION RELATING TO OR ARISING OUT OF THIS WEBSITE EXCEPT IN THE FOREGOING COURTS.