BUCKUP INC TERMS & CONDITIONS AGREEMENT (12/20/23)

Acceptance of Agreement

By participating in BuckUp Inc’s BuckUp, offered on www.GoBuckUp.com website (which will be referred to as BuckUp in this agreement), YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS (EXPLAINED BELOW) , THE WWW.GOBUCKUP.COM CONDITIONS OF USE, AND PRIVACY POLICY

The www.GoBuckUp.com website, BuckUp mobile and iPad apps, and our mobile BuckUp site are collectively “BuckUp Properties” and each individually is a “BuckUp Property.” It is your responsibility, prior to participating in BuckUp, to read these Terms & Conditions carefully to understand your rights and obligations. If you are dissatisfied with any BuckUp’s Property, its content, or these Terms & Conditions, you agree that your sole and exclusive remedy is to not participate in BuckUp.

Definitions
BuckUp: References to “BuckUp,” “our,” “we,” or “us” may refer to BuckUp Inc. and their affiliates,

subsidiaries, and designees.
The User: References to “you” or “your” or “user” may refer to the user of BuckUp’s products

Terms May Change

We reserves the right, in its sole discretion, to change, modify, add to, supplement or delete any terms and conditions of this Agreement (including the Privacy Policy, which is incorporated into and governed by this Agreement) at any time; provided, however, that BuckUp will use reasonable efforts to provide you with notification of any material changes (as determined in BuckUp’s sole discretion) by email, postal mail, website posting, pop-up screen, or in-Service notice. You should visit this page whenever you use the Service to review this Agreement and learn if any terms have changed. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Service. Your continued use of the Service following any revision to this Agreement constitutes your complete acceptance of any and all such changes.

Content Permission & Restrictions

Unless otherwise noted, the design of the Site, including the software, source code, text, images and all other content and materials that are part of the Site (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled, or licensed by us. The Content is intended solely for your personal and non-commercial use. No right, title or interest in any Content is granted or transferred to you as a result of your use of the Site.

Certain parts of the Site may allow you to share Content with your friends on social media platforms. These features grant you a limited license to display the Content as directed, and you understand that you have no other right, title, or interest in or to the Content.

Except as noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Site. Your misuse of the Content is strictly prohibited and may subject you to liability under federal, state, or international laws.

Ownership of Intellectual Property

Unless otherwise specified in writing, all Content and other materials that are part of the Service are owned, controlled, or licensed by BuckUp and its licensors and are protected by law from unauthorized use. The entire Contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. BuckUp, and the BuckUp logos, are trademarks of BuckUp and may not be used without the express written permission of BuckUp.

You do not acquire any ownership rights by using the Service, or by copying or downloading material from the Service.

You agree not to copy, redistribute, publish or otherwise exploit Content, except as expressly permitted herein, without the express prior written permission of BuckUp.

You hereby grant to BuckUp a limited, non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers), and transferable right and license to use all comments, feedback, blog or forum statements, suggestions, ideas, emails, and other submissions disclosed or submitted to BuckUp in connection with your use of the Service, including through the Public Areas (collectively, “Submissions”) in any manner BuckUp may desire, including, but not limited to, to make, have made, use, sell, offer to sell, import, reproduce, modify, create derivative versions of, distribute, publicly display and publicly perform such Submissions, in any and all forms and media now known or hereafter devised, without compensation to you and without identifying you as the creator. You agree that the provisions in this section will survive any termination of your account(s), the Service, or this Agreement.

You agree to include, and to not remove or alter, BuckUp’s trademark, copyright, or other proprietary rights notices, as provided by BuckUp on or in connection with the Service, when using or sharing content, or otherwise using the Service, and you agree to comply with usage guidelines that may be provided by BuckUp from time to time. You agree that all goodwill that arises in connection with your use of BuckUp trademarks inure exclusively to BuckUp, and you agree not to challenge BuckUp’s ownership or control of any BuckUp trademarks, nor use or adopt any trademarks that might be confusingly similar to such BuckUp trademarks.

Accuracy of Information on the Site

We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete, or out of date. All specifications, products, descriptions, and prices of products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site.

The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.

Registration, Accounts and Passwords

You are responsible for the personal protection and security of any password or username that you may use to access the Site. You are responsible for all activity conducted on the Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to our Customer Service.

If you believe someone has used your password or account without your authorization, you must notify Customer Service immediately. We reserve the right to access and disclose any information including, without limitation, usernames of accounts and other information to comply with applicable laws and lawful government requests.

Email Communication

By making a subscription to the Site or otherwise creating an account on the Site, you understand that we may send you communications or data regarding our products and services. You agree to receive such communications from us. Unless such email is necessary to facilitate a transaction, such as to complete a

sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s).

User Comments

From time to time, we may allow users to post comments, suggestions, ideas, materials, and other submissions (“User Comments”) on the Site. These User Comments are provided on a non-confidential basis and, by submitting User Comments, you are granting us an irrevocable and unrestricted license to fully exploit such User Comments. You agree that no User Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no User Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any User Comments you make.

Although User Comments may be posted on the Site, the posting of those submissions does not constitute our endorsement of such User Comments. We are not responsible or liable for any claim, including, without limitation, loss, or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential, or punitive damages, personal injury, or wrongful death made in connection with User Comments. We reserve the right to remove any User Comments that we deem to be in violation of the above.

Cookies

BuckUp takes certain industry-accepted precautions to secure the Site or portions thereof. However, you understand and agrees that such precautions cannot guarantee that use of the Site is invulnerable to security breaches, nor does BuckUp make any warranty, guarantee, or representation that use of the Site is protected from all viruses, worms, Trojan horses, and other vulnerabilities.

During your use of the Site, BuckUp may issue to and request from your computer “cookies” to enable more convenient browsing when you revisit the Site. You must not alter any cookies sent to your computer from the Site and must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Site.

Links to Third Party Site

The Site may include links to other websites maintained by third parties which are neither maintained nor controlled by BuckUp or may contain content posted on or via the Site by third parties. BuckUp shall not be responsible for any errors or omissions in any content in the Site, or the content, products or services of any hyperlinked external Site or any hyperlink contained in a hyperlinked external Site, nor for the privacy and security practices employed by these external Sites, and under no circumstances shall BuckUp be liable for any loss or damage of any kind incurred as a result of the use of any content posted or contained in e-mails or otherwise transmitted or displayed via the Site, or arising from access to external Sites. Use of the Site and any hyperlinks and access to external Sites are entirely at the user’s own risk.

You acknowledge that BuckUp has no control over and excludes all liability for any material on the Internet which can be accessed by using the Site. Neither will BuckUp be deemed to have endorsed any such content thereto.

Prohibited Uses of Site

You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Site, or which impacts the security of the Site, or (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Site, or to copy content from the Site.

Disclaimer of Warranty

You expressly understand and agree that your use of the Site is at your sole legal risk and the Site is provided on an “As is” and “As available” basis. BuckUp and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors, to the fullest extent permitted by applicable or mandatory law, expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non- infringement. In particular, BuckUp and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors make no warranty that (a) the Service will meet your requirements; (b) your use of the Site will be timely, uninterrupted, secure or error-free; (c) any information obtained by you as a result of the Service will be accurate or reliable; and (d) any defects or errors in the software provided to you as part of the Service or the Service itself will be corrected.

Any material or content transmitted, stored, accessed, or otherwise maintained through the use of the Site is done so at your own discretion and risk, and you will be solely responsible for any damage to your device or loss or corruption of data that results from any such use of the Site. You further acknowledge that the Site is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the Site could lead to death, personal injury, or severe physical or environmental damage. No advice or information, whether oral or written, obtained by you from BuckUp or through or from the service shall create any warranty not expressly stated in these terms.

Pricing Disclaimer

Any pricing displayed on the website is only an estimate. The final price will be determined after BuckUp evaluates the device or item.

Limitation of Liability

You expressly understand and agree that BuckUp and its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, loss of business opportunities, goodwill, use, data, cost of procurement of substitute goods or services, or other intangible losses (even if You have been advised of the possibility of such damages), resulting from: (a) the use or inability to use the Site; (b) any changes made to the Site or any temporary or permanent

cessation of the Site or any part thereof; (c) the unauthorized access to or alteration of your transmissions or data; (d) the deletion of, corruption of, or failure to store and/or send or receive your transmissions or data on or through the Site; (e) statements or conduct of any third party on the service; and (f) any other matter relating to the Site.

Under no circumstances shall BuckUp’s liability under this Term exceed the total amount of actual proceeds we have received or paid in connection with the transfer, sale or purchase of Your property pursuant to this Terms.

Indemnification

You agree to defend, indemnify and hold BuckUp, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable lawyer’s fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Site; (b) your use of the Site; (c) any violation by you of these Terms; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these Terms and/or your use of the Site.

Use of Automated Systems

The use or launch of any automated system to access BuckUp is strictly prohibited. Any User determined by BuckUp to be employing the use of automated systems will cause BuckUp to take remedial actions without notice including, but not limited to, the rendering of the prohibited tool in becoming non-operational, account restrictions and/or termination.

Access of Services

Use of BuckUp is void where prohibited. By creating a profile (“Profile“), you represent and warrant that (a) all information you submit in connection with your Application is complete and accurate; (b) you will maintain the accuracy of such information; (c) the information submitted is your own; and (c) your use of the Services does not violate any applicable law or regulation. BuckUp may, in its sole discretion, delay or restrict, either permanently or temporarily, your access to the Services, and may impose conditions or restrictions on your use of the Services.

Rights and Obligations Regarding BuckUp Access of Services:

1. Ownership and Authority to BuckUp:
This Terms confirms that You make the following legal representations and warranties:

  1. You are at least 18 years old;

  2. You possess good and marketable title to each item of Your property in regards to the

    Services we provide, and as the legal and equitable owner, you have full authority to

    consign and sell the property;

  3. None of the property is subject to any liens or other encumbrances;

  4. Neither the property includes counterfeit goods;

  5. Neither the property infringes upon, misappropriates, or violates any trademark,

    copyright, or other intellectual property or other proprietary right of any third party, any

    state or federal law, or any administrative regulation;

  6. Neither the property is derived from, or the result of, illegal activity, including theft or

    fraud.

  7. Additionally, You further represent and warrant that no transaction initiated by you, including but not related to the transaction related to the property, will cause BuckUp to violate any anti-money laundering, anti-terrorism, or other applicable state or federal law of the United States of America, any state, or any foreign country.

2. Accuracy of Information: You agree that all information you provide about the Item for BuckUp, as well as information you have or will provide about yourself, is true, accurate, and complete.

3. On-Demand Transfer Authorizations: You agree that payments to BuckUp will be processed by the Dwolla payment system from the account you select as part of your application. In order to cancel this authorization, email Customer Support at hello@gobuckup.com. If there is an outstanding balance on your account, you agree to pay the balance before the payment system is removed.

4. Deactivate: You agree to deactivate all services to your Item(s) and remove any and all codes (including without limitation removing user locks, passwords, and/or turn off/deactivating the “Find My Device” feature) that may prevent BuckUp from having the ability to use, refurbish, recycle, resell or dispose of the Item.

5. Virtual Transfer of Ownership. Upon receipt and acceptance of the Item by BuckUp, you hereby agree to transfer all rights to and title in the Item to BuckUp’s virtual ownership, in exchange for the BuckUp Value.

6. Items Inconsistent with Provided Description. If BuckUp provides notification that your description of the Item was inconsistent with BuckUp’s evaluation of your Item, you will be provided with an updated BuckUp value. You may elect to either sell your Item in exchange for the updated BuckUp value or you may elect for the Item to be returned to you. If during or after the BuckUp transaction the item is found to be not accurate, you will be liable to return the BuckUp Value to BuckUp and pay for the return shipment. If you do not respond with your election within 30 days of being notified of the updated Item evaluation, BuckUp will assume ownership of the Item and no further communication will occur.

7. Final Transaction. No Rescission. You acknowledge and agree that the BuckUp transaction is final and cannot be canceled or rescinded by you after your Item is received by BuckUp, unless BuckUp contacts you to provide notification that your description of the Item was inconsistent with BuckUp’s evaluation of your Item.

8. BuckUp Fee: You authorize a fee of $1/day to be debited either daily from a provided debit or credit card, or weekly from your provided bank account, until BuckUp receives confirmation of shipment of your device within the allotted time frame. This amount is separate from the Trade-In Value and Instant Cash. If we are unable to withdraw funds from your account due to insufficient balance, BuckUp reserves the right to do one or more of the following:

    1. Withdraw the outstanding balance from your bank account or card on file at BuckUp’s discretion once the balance is available.

    2. Deduct the fee from your Trade-In BuckUp Value upon receipt of the device.

    3. Report your device as blacklisted.

    4. Enlist a third party collections company to retrieve the outstanding balance of Instant

      Cash and BuckUp Fee. This may require BuckUp to share your account information with

      said third party.

    5. Permanently ban the account holder from using BuckUp or creating any new profiles.

9. Shipping Agreement. You agree to ship the Item(s) and provide shipping and tracking information to BuckUp within 30 days of accepting the value. If the Item is not received within 45 days of the date on which the BuckUp Value was provided to you, then BuckUp has the right to revise or withdraw the Instant Cash amount from your provided bank account. If your Bank

Account does not have a sufficient balance, BuckUp reserves the right to do one or more of the following:

  1. Continue to collect the $1/day BuckUp fee.

  2. Withdraw the outstanding balance from your bank account at BuckUp’s discretion once

    the balance is available.

  3. Report your device as blacklisted.

  4. Enlist a third party collections company to retrieve the outstanding balance of Instant

    Cash and BuckUp Fee. This may require BuckUp to share your account information with

    said third party.

  5. Permanently ban the account holder from using BuckUp or creating any new profiles.

In addition, any promotional offers may no longer be valid, depending on the terms of the promotional offer, if the Item is not received by BuckUp within 45 days of the date on which the estimate was provided to you.

10. Loss or Damage to the Item and Its Contents. You agree that BuckUp and affiliates, will not be responsible under any circumstances for any loss or damage to the Item. In addition, you acknowledge that it is your sole responsibility to remove all personal data (e.g., files, photos, videos, music, etc.) from the Item (e.g., PCs, laptops, wireless phones, iPod’s, MP3 players, etc.). You agree that BuckUp and affiliates are not responsible for the loss or destruction of the hardware, software, files, or media containing any personal data left on or in the Item. You understand and agree that you will not be able to recover any data or files stored within the Item.

11. Release of Liability. To the extent permitted by applicable law, you hereby release BuckUp, and affiliates, from and against any liability arising out of or related to the transfer of the Item, including but not limited to any liability related to the shipment of the Item, the deletion or non-deletion of any data or files from the Item, the evaluation and assessment of the Item (and the corresponding BuckUp valuation) made by BuckUp, and the non-availability of the Item after it has been accepted by BuckUp.

12. Reporting and Sharing Information. BuckUp may be required to share personal information in response to a valid court order, subpoena, government investigation, or as otherwise required by law. You acknowledge that BuckUp reports information regarding the BuckUp transaction, including your personally identifiable information, to law enforcement agencies and electronic reporting services used by law enforcement and government agencies in those jurisdictions in which it is required by law to report, and engages in voluntary reporting of certain information in other jurisdictions. For more information on our privacy practices, please review the BuckUp Privacy Policy located at www.gobuckup.com/privacy. We may call or text you at the number you provided regarding your BuckUp transaction. Calls may be live or pre-recorded and made via automated dialing system. By providing your number, including a wireless number, you consent to BuckUp being able to contact you. Voice and data rates may apply.

Jurisdiction

These Terms shall be construed in accordance with the laws of the state of Delaware, without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

Force Majeure

If a party is prevented in whole or in part from carrying out its obligations under this Agreement as a result of Force Majeure, it will promptly notify the other party accordingly. The notice must:
Specify the obligations and the extent to which it cannot perform those obligations;

Fully describe the event of Force Majeure;
Estimate the time during which the Force Majeure will continue; and
Specify the measures proposed to be adapted to remedy or abate the Force Majeure.

Following a notice in accordance with this Terms and while the Force Majeure continues, the obligations which cannot be performed because of the Force Majeure will be suspended, other than obligations to pay money that is due and payable.

The party that is prevented from carrying out its obligations under this Agreement as a result of Force Majeure must remedy the Force Majeure to the extent reasonably practicable and resume performance of its obligations as soon as reasonably possible.

The party that is prevented from carrying out its obligations under this Agreement as a result of Force Majeure must take all action reasonably practicable to mitigate any loss suffered by the other party as a result of the party’s failure to carry out its obligations under this Agreement. The term of this Agreement will not be extended by the period of Force Majeure.

Release

You forever release, discharge, and covenant not to sue BuckUp from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of BuckUp or otherwise, in connection with your use of the Service or your interaction with any party through or as a result of the Service. In other words, you cannot sue BuckUp if anything happens to you or your property from using the Service or interacting with any party through the Service. You agree that the provisions in Limitation of Liability and Release section of this Agreement will survive any termination of your account(s), the Service, or this Agreement.

Dispute Resolution

Mindful of the high cost of legal dispute, not only in dollars but also in time and energy, both you and BuckUp agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this Websites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“dispute”), the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the dispute, and allowing the receiving party 30 days from the date of mailing to respond to the dispute. Notice shall be sent to:

BuckUp Inc – Resolution Team 5810 KINGSTOWNE CTR STE 120-178 ALEXANDRIA, VA 22315

Unless you indicate otherwise in your notice, BuckUp shall respond to your notice using your last-used billing address or the billing and/or shipping address in your online profile.

In the event that BuckUp is unable to resolve the dispute with you through the Customer Service department referenced above, you and BuckUp both agree the parties shall resolve their dispute utilizing governing federal and state courts located in state of Delaware. You hereby waive your right to a class action lawsuit.

Waiver/Severability

The failure of BuckUp to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under any provision of this Agreement will not be construed as a waiver or relinquishment of BuckUp’s right to assert or rely upon any such provision or right in that or any other instance.

You and BuckUp agree that if any portion of this Agreement is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which will continue to be in full force and effect. If the Dispute Resolution section of this Agreement is found to be illegal or unenforceable then neither you nor BuckUp will elect to arbitrate any Dispute falling within that portion of the section and such Dispute will be decided by a court of competent jurisdiction within state of Delaware, and you and BuckUp agree to submit to the personal jurisdiction of that court.

Term and Termination

This Agreement will remain in effect as long as your account is up-to-date and you remain in compliance with the terms hereof, unless it has been voluntarily suspended or terminated by you or BuckUp. You may terminate this Agreement by destroying all Service-related materials obtained from the Service, BuckUp or any other web site or source. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from BuckUp if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in BuckUp’s sole discretion. Following the termination of this Agreement, your account(s), or the Service, BuckUp shall retain all rights to the Submissions pursuant to this Agreement.

Suggestions, Comments and Feedback

Should the user respond to any part of the materials contained herein in the Site with any communications including feedback data, such as questions, comments, suggestions, or the like, such information shall be deemed to be non-confidential and BuckUp and its affiliates, subsidiaries, employees, agents, partners, principals and representatives shall have no obligation whatsoever with respect to such communications and shall be free to reproduce, use disclose and distribute the information to others without limitation, and shall be free to use in any way for any purpose whatsoever the content of such communications including any ideas, know-how, techniques or concepts disclosed therein.

Personal Data

BuckUp is committed to protecting and respecting your personal data.

Please read the Privacy Policy to understand our views and practices regarding your personal data and how we will treat it.

Privacy Statement

We are committed to protecting the privacy of the visitors to the Site. For information on how information is collected, used, or disclosed by us in connection with your use of the Site, please consult our Privacy Policy.

Customer Service

If you do not understand any of the foregoing Terms or if you have any questions or comments, please contact Customer Service. 

 
 
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