Terms & Conditions
Get Better Offer (the “Company”) is a registered trademark under its parent company Hummingbird International which offers services (the “Get Better Offer Services”) through its website Get Better Offer.com (the “Website”) which you can sell certain consumer electronic products (the “Products”) after receiving an “offer” from Get Better Offer by identifying your Product and its condition and completing check-out on the Get Better Offer Trade In Form (each transaction, a “Trade-In”) You must agree to abide by the following Terms of Sale (the “Terms”) in order to use the Get Better Offer Services, and/or the Website.
BY SETTING UP AN ACCOUNT, OR BY USING GET BETTER OFFER WEB SITE, YOU SIGNIFY THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, WHICH MAY BE AMENDED AT ANY TIME BY POSTING THE AMENDED TERMS ON THE WEBSITE. ANY AMENDED TERMS WILL BE AUTOMATICALLY EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED. The Company reserves the right to terminate or suspend your use of the Get Better Offer Website and/or the Get Better Offer Services if you do not comply with this Agreement or any other Get Better Offer policy or procedure, or for any other reason we determine, in our sole discretion.
- About These Terms. These terms govern any offer that you receive to sell your Product to or through the Website. These terms, the terms that govern your use of the Website and the Get Better Offer Services and any and all applications included therein, and any supplemental terms or policies that accompany a specific transaction, feature or application, collectively, make up an agreement between you and Get Better Offer (the "Agreement"). In this Agreement, the term "you" or "your" means an individual or entity exercising rights under this Agreement.
- Requirements for Trade-In. In order to complete a Trade-In or to complete any other transaction at Get Better Offer.com you must: (i) Create an account with us (Trade-In transaction only); (ii) Provide true, up to date and accurate account information about yourself and any Product you submit to us (iii) Comply with all terms and conditions of this Agreement; (iv) Comply with all applicable laws and regulations, including all import and export laws as described in Section 14 below; (v) Transaction on behalf of yourself and not on behalf of others; and (vi) Be over eighteen (18) years of age and have the legal capacity to enter into agreements and to convey title and interest in any Product that you submit to us.
In order to receive payments for any Products in connection with a Trade-In, you must provide us with information including a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, and your first and last name. On Get Better Offer’s behalf, PayPal will process your payment for a Trade-In and you are required to provide your applicable details to receive payment.
Get Better Offer shall not be responsible for communication errors should your contact information be inaccurate or incomplete. You are responsible for ensuring that you can receive emails from Get Better Offer and the Company is not responsible for any emails that were not received by you because they were blocked or filtered as spam. You understand and agree that if you fail to provide us with accurate and up to date information about yourself, we will not be responsible for any misapplied Trade-In payments or Trade-In payments sent to a wrong address.
- Condition Defined for Trade-In. Get Better Offer uses three (3) basic Product conditions to grade Products for Trade-In, ranging from "Flawless" or "No Noticeable Flaws" to "Broken" or "Functional or physical problems." Conditions can vary widely between categories and types of Products. Broadly, Get Better Offer ‘s Product definitions are as follows: Flawless or No Noticeable flaws: the item looks like it has never been used and is 100% functional. Good or Normal wear and tear: the item has visible signs of use, but is otherwise 100% functional. Broken or Functional or physical problems: the item does not turn on, one or more Product functions is non-operative or the item has serious physical damage that inhibits use (e.g. broken or cracked screen or missing parts). The above definitions are broad guidelines. More specific condition definitions specific to the category and/ or type of Product may be included on the Get Better Offer.com Website offer screen and serve as the effective condition definition for that product. Condition definitions are subject to change at Get Better Offer’s discretion. If you are uncertain about your Product’s condition, please seek guidance by contacting Get Better Offer’s Support Team.
- Product Valuation. All offers will be based on Get Better Offer’s own determination of the Product value in reliance on the accuracy of the information you supply us. Get Better Offer will use its discretion to determine the Product value, weighing factors that may include the Product’s model, functionality and condition and whether necessary Product accessories have been provided by you. Upon receiving an offer, you have the option of accepting or rejecting that offer. Acceptance indicates you are willing to provide your Product to Get Better Offer at the offered price. If you do not accept Get Better Offer’s offer, the specific transaction expires. If after rejecting the offer you change your mind and want to accept the offer, you will need to open another transaction with us at which point, assuming the Product is still eligible for purchase, the new offer may be different as Product prices are subject to change.
- Fitness for Sale; Phone and Internet Service. You must have all right, title, and interest in any and all Products you seek to sell to Get Better Offer and all Products must be able to be activated for new service (unless the Product is incapable of being activated because it is in "Broken" condition). The Products and the sale and shipment of such items to Get Better Offer: (a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws as described in Section 13 below, (b) may not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), and (c) shall not be counterfeit, stolen, or fraudulent. You represent and warrant that the Products are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due. By using the Get Better Offer Services, you agree to indemnify the Company from all claims or losses sustained by the Company as a result of any breach of your representations and warranties. It is your responsibility to discontinue phone, Internet and/or any similar service on your Product prior to selling it to Get Better Offer. The Company is not responsible for any service charges related to your Product, whether you incur such charges before, during or after your use of the Services. It is also your responsibility to remove any security codes that would prevent use of any Product.
- Sending Get Better Offer Your Product for Trade-In or Return. When packaging your Product, be sure to include all materials included in your description when we calculated your offer for Trade-In. For Trade-In, this may include software, accessories, adapters, and manuals. Failure to include any items you told us about when the offer was calculated, or sending us a Product which does not match your original description, may impact the final value of your Product and may result in a revised offer.
- Removing Data from Your Product. For Products involving devices that store files and/or personal data on hard drives, memory chips or the like, you must back up and store any data you wish to keep from your Product and remove any personal information from the Product before you send your Product to us for Trade-In. Get Better Offer’s standard practice is to remove all such data from the Product; however, Get Better Offer makes no guarantee that it will do so. By sending Get Better Offer the Product, you agree to release us from any claim as to the Product, the data stored in such Product, or any information on any media used in conjunction with the Product and which you send to Get Better Offer in connection with a Trade-In, or for such data’s security, integrity, confidentiality, disclosure or use. Get Better Offer is not responsible for: (a) any loss suffered by you due to any data that is not erased from the device and transferred to a third party, or (b) any loss of data after you submitted the Product to us.
- Product Inspection; Offer Recalculation. Your Trade-in Product must be received by Get Better Offer within thirty (30) days after you accept the original offer provided by Get Better Offer and complete the check- out process on the Website (the "Delivery Period") or the offer shall automatically expire. Packing and shipping recommendations provided to you by Get Better Offer should be followed in order to avoid possible damage to or loss of the Product in transit. The Company will inspect all Products that are received. Get Better Offer has the option to accept or reject the Product, including without limitation, to reject any Product not conforming to the description you provided to us, any Product modified in such a way that it no longer conforms to the original factory specifications, any Product no longer complying with applicable laws or regulations (e.g., FCC rules, etc.) and/or any Product damaged or lost in transit. If Get Better Offer rejects the Product for any of these reasons, the original offer automatically expires and is rescinded. Get Better Offer reserves the right to revoke the original offer and provide a revised offer for the Product if: (a) the Product and/or materials are not as described, (b) the Product is received by Get Better Offer after the Delivery Period, and/or (c) Get Better Offer receives Product(s) that are different from those identified when your offer was calculated. As described above, Get Better Offer typically honors the offer price you receive for your Product on the Site for a period of thirty (30 days); sometimes for a longer period of time in connection with a temporary extended price-lock offer (each a "Price-Lock Offer"). Notwithstanding any Price-Lock Offer, Get Better Offer always reserves the right to recalculate the original offer price and provide a revised offer for the Product if, during the Price-Lock Offer period, the market price for your Product has declined by more than thirty percent. Get Better Offer shall determine the market price during such applicable period and whether there has been any such decline in its sole discretion. If you elect not to accept the recalculated offer price, your Product will be returned to you.
- Recalculated Product Offers after Inspection. In the event Get Better Offer recalculates the offer it provided for the Product after it has been received and inspected for Trade-In, as described above, you shall have the option of accepting or rejecting the new offer. If you accept the new offer, you will be paid in normal course and in accordance with these service terms. If you reject the new offer, Get Better Offer will return the Product to you at the address from which it was originally sent. Get Better Offer will give you a period of five (5) days after Get Better Offer presents you with a recalculated offer via email at the address you provided to accept or reject the new offer (the "New Offer Period"). Get Better Offer will also remind you of the outstanding new offer one or more times during the New Offer Period. However, if the new offer is neither affirmatively accepted nor rejected by you during the New Offer Period, the new offer will be deemed to have been accepted by you and you will be paid the new offer price in the normal course and in accordance with these service terms. For the avoidance of doubt, your acceptance of the original offer and/or any new offer is final and you may not change your mind later about accepting such offer.
- Releasing Rights to Product. Once you send Get Better Offer your Product for Trade-In, Get Better Offer cannot and does not guarantee that it will be able to honor any request for return of the Product and/or any data or information contained in such Product. Of course, if Get Better Offer rejects the Product or you do not accept any new offer for the Product pursuant to Sections 8 and 9 ("Return Circumstances"), your Product will be returned to you as set forth in Sections 8 and 9.
- Risk-Of-Loss. You remain responsible for the risk-of-loss for the Products sent to Get Better Offer for Trade-In until delivery of the same to Get Better Offer. You are responsible for any damages that may occur to your Product while in transit. Get Better Offer is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event Get Better Offer returns your product to you for any reason. For the avoidance of doubt, in such event, risk of loss will be transferred to you once Get Better Offer delivers the package to the carrier for return to you and you will bear the risk-of-loss while the Product is in transit.
- Passing of Title. Title to the applicable Product sent to the Company for Trade-In passes to Get Better Offer upon Get Better Offer’s acceptance of the Product for the original offer or the new offer, as applicable. If there is a Return Circumstance, title shall not pass and shall remain with you.
- Non-Transferable. Any offer by Get Better Offer for your Product for Trade-In is non- transferable and not redeemable for any other consideration other than what is offered by Get Better Offer.
- Import and Export Laws. You agree to comply fully with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly transfer any Product without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances in order to convey any Product to Get Better Offer in connection with a Trade-In, including without limitation, valuation, classification and duties applicable with the import of any goods. Please note: U.S. trade sanctions administered by the Office of Foreign Assets Control (OFAC) generally prohibit the importation into the United States (including U.S. territories), either directly or indirectly, of most goods, technology, or services (except information and informational materials) from, or which originated from Cuba, Iran, Iraq, Libya, North Korea, Serbia, or Sudan; from foreign persons designated by the Secretary of State as having promoted the proliferation of weapons of mass destruction; named Foreign Terrorist Organizations; designated terrorists and narcotics traffickers. You may not offer or provide to Get Better Offer for sale, any Products that would violate the provisions of this Section.
- Promotions. From time to time, and at Get Better Offer’s sole discretion, Get Better Offer may offer promotional programs as an incentive to customers. Promotions applicable to payments are applied as an increment to the final value of a customer’s Product, but they are not considered a change in that final value. Promotional programs have explicitly defined terms, including but not limited to, expiration, usage per person and per transaction, and other limitations and restrictions. Unless otherwise stated, promotions must be applied by you before checkout. For the avoidance of doubt, once checkout is completed, promotions cannot be applied to the same transaction. Get Better Offer reserves the right, in its sole discretion, to cancel or refuse promotions.
- Accuracy of all Information. Get Better Offer makes every effort to ensure the accuracy of all information you receive in relation to your Product. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. As such, Get Better Offer reserves the right, at any time prior to payment, correct an error to change the offer. In the event the Product has already been sent to Get Better Offer for Trade-In, the changed offer will become a New Offer subject to the processes set forth in Section 8 and Section 9. Otherwise, the changed offer will be a re-issued original offer, which you may accept or reject. Void a transaction. If the Product was already sent to Get Better Offer, we will be deemed to have rejected the Product resulting in a Return Circumstance subject to Section 10.
- Electronic Notices and Transactions. You agree to transact with us electronically, including without limitation, agreeing to terms and conditions or offering to sell your Product by electronic means. You authorize Get Better Offer to provide you with terms and important notices about Get Better Offer and your transactions to an email address you provide to us or by posting notices on an applicable page (or my account area) on Get Better Offer.com website. It is your duty to keep your email address accurate and up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website.
- Access. You are responsible for obtaining at your own expense all equipment and services needed to access and use the Website and Get Better Offer Services, including all devices, Internet browsers and Internet access. If you access the Website through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
- Use of Services. By using the Website, you agree not to (i) access any of the Services by any means (including, without limitation, by use of scripts, web crawlers or similar methods) other than through the user interface provided by Get Better Offer; and (ii) engage in any other activity that interferes with or disrupts the Services or performance of the Get Better Offer.com Website.
- No Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE GET BETTER OFFER.COM SERVICES AND WEBSITE "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH GET BETTER OFFER WILL MEET YOUR REQUIREMENTS.
- Limited Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GET BETTER OFFER OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE " GET BETTER OFFER PARTIES") BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO YOUR TRANSACTIONS WITH GET BETTER OFFER UNDER THIS AGREEMENT REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF GET BETTER OFFER AND THE GET BETTER OFFER PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE GET BETTER OFFER SERVICES AND GET BETTER OFFER.COM WEBSITE EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US OR (II) $100. THE LIMITATIONS SET FORTH IN THIS AGREEMENT WILL NOT LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD OR INTENTIONAL, MALICIOUS OR RECKLESS MISCONDUCT, OR FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE GET BETTER OFFER.COM SERVICES.
- Indemnity. You agree to indemnify, defend, and hold harmless Get Better Offer and the Get Better Offer Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your violation or breach of any terms under this Agreement. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
- Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The captions are used only as a matter of convenience and are not to be considered a part of this agreement or be used in determining the intent of the parties to it. No waiver by Get Better Offer of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
- Correction of Errors and Inaccuracies. The Get Better Offer.com Website and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. Get Better Offer therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Get Better Offer does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
- Applicable Law and Venue. THIS AGREEMENT AND THE TERMS OF SALE AND TRANSFER OF TITLE OF YOUR PRODUCT ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH NEW JERSEY LAW AND TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. BY CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU AGREE THAT ANY ACTION AT LAW OR INEQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN NEW JERSEY, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH LANGUAGE.
Product Pricing – Get Better Offer regularly adjusts prices based on a variety of factors, including market conditions and individual Product condition, and therefore does not price match other Product sellers and does not provide price adjustments once a payment is complete. Prices for the same or similar Products may vary between the Get Better Offer.com website and third-party marketplaces like eBay or Amazon.
Technical Support – Get Better Offer does not provide any technical or other support in connection with any Product.
Product Eligibility. Get Better Offer determines, in its sole discretion, which Products are eligible for Trade-In by or through the Get Better Offer Website and for which eligible Products Get Better Offer will provide an offer. Get Better Offer may terminate the eligibility of certain Products at any time and without advanced notice, but such termination will not affect any Products for which you have already accepted an offer, which is good for thirty (30) days, except as set forth in Section 8 below. Get Better Offer reserves the right to cancel any Trade-In offer.
If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email firstname.lastname@example.org.
Last Updated: November 24, 2016