Legal Terms and Conditions of Use - ecoNEWonline.com

Use of ecoNEWonline.com

Your use of the ecoNEWonline.com website and any related application is subject to these general Terms and Conditions of Use specified below ("Terms of Use"), and to the specific Terms and Conditions separately provided with each reward program provided and sponsored through ecoNEWonline.com (the "Program Terms and Conditions"). Your use of ecoNEWonline.com represents your agreement to abide by all Terms of Use.

1.  The Sam's Club Trade-In and Recycle Program (The Program) is a service provided to Sam's Club members/customers by ecoNEW, an independent third party. By participating in the Program, you agree to the Terms of Use below.

ecoNEWonline is owned and operated by Enviro-NEW, dba ecoNEW, and is referred to herein as "ecoNEWonline", "ecoNEW", and "Enviro-NEW". ecoNEW may update these Terms of Use at its own discretion and at any time, without notice. This web site, and other web sites linked to, or affiliated with, this site, and any information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and/or other materials and services found on the site, (collectively referred to herein as "Content") are intended for the lawful use of ecoNEWonline.com customers, employees, and members of the general public who are over the age of eighteen (18), and citizens or lawful permanent resident aliens of the United States or Canada. ecoNEWonline.com is controlled and operated in whole or in part by Enviro-NEW from its offices within the United States. Those who access ecoNEWonline.com from other locations do so at their own risk and are responsible for compliance with applicable local laws. ecoNEW reserves the right in its sole discretion to refuse or terminate access to the ecoNEWonline.com site by anyone including you at any time. These Terms of Use supersede any prior agreements between you and ecoNEW relating to your use of this site. As indicated, if you so choose, you may also be subject to additional Terms of Use that may apply when you elect to participate in any ecoNEW Trade-in and Recycle program, reward, and/or if and when you elect to download and/or use software from or through this site, if and when offered. Back to top of Page

Eligibility to Use ecoNEWonline.com Services

In order to use ecoNEWonline.com, you must be eighteen (18) years of age or older, and you must be the owner of the electronic device, that you wish to dispose of through ecoNEWonline.com ("Qualified Product"). The Qualified Products accepted are those that are depicted on the Identify your Equipment Type category page on the ecoNEW website. We do not accept any other device for trade-in value that are sent and at no time will we be able to return any devices. The Program is only valid within the United States. Back to top of Page

Registration; My Account

The services offered through ecoNEWonline.com require you to first open a My Account. You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your account. You agree to notify ecoNEWonline.com immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by ecoNEW or any other user of the Site due to someone else using your password or customer account. Back to top of Page

Your Right, Title and Interest in Shipped Product

You must own the right, title, and interest in any and all items you are shipping to ecoNEWonline.com. You represent and warrant that the trade-in products are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due. You agree to indemnify ecoNEW from all claims or losses sustained by ecoNEW as a result of any breach of this warranty. Any product found to be fraudulently obtained may be turned over to the appropriate federal, state, or local law enforcement authority without further compensation or notification to you.

Title of the shipped product passes to ecoNEW or its designated agent at the point of delivery to ecoNEW's carrier. Back to top of Page

Processing, Product Valuation, & Timing of Receipt of Reward

The website will offer you a link for a pre-paid shipping label to ship your Qualified Product along with instructions for packing and shipping. Shipping charges are prepaid by ecoNEW. You will be responsible for properly packing your Qualified Product in accordance with our instructions for packing and shipping. Any costs associated with packing your Qualified Product will be your responsibility. Within five (5) business days after receipt of your item, ecoNEW will issue to you an email verifying your reward amount. If your item qualifies for a Reward Card, the Reward Card will be mailed within two (2) calendar weeks.

As part of the registration process, you will be provided with access to follow the status of your Qualified Product shipment. Back to top of Page

Your Responsibility for Termination and Deactivation of Your Services

You are responsible for terminating and deactivating any and all internet, voice, or data service for each electronic device you are recycling through ecoNEWonline.com, including without limitation, cell phone service, internet service, broadband and/or wireless data service, or the like, and you will be solely responsible for any charges, account balances and/or fees, associated with your service or the termination and/or deactivation of that service. YOU WILL NOT RECEIVE ANY CREDIT FOR UNUSED SERVICES, NOR WILL YOU BE COMPENSATED FOR ANY CHARGES BILLED TO YOU BY YOUR SERVICE PROVIDER AFTER SENDING YOUR ELECTRONIC DEVICE TO ECONEW. Should any charges arise after shipping to ecoNEWonline.com, it remains your responsibility to resolve any payments issues with your service provider. Back to top of Page

No Return of Equipment and/or Personal Information

Once you ship your Qualified Product to ecoNEWonline.com, your shipped item will not be returned to you and any information which may be contained cannot be retrieved or returned. You are encouraged to remove or erase all stored data from your product prior to shipping. ecoNEW strongly recommends that you back up your data and/or erase the data from your products hard drive, memory, or other fixed and/or removable digital media. Any files or data left on your product may be accessible to others if the data is not erased. ecoNEW shall not be responsible for the loss, safekeeping, or maintenance in confidence of any data resident on the products. All transactions are final and non-returnable. There will be no substitutes or replacements provided. Back to top of Page

Estimates of Value of Rewards

To ensure you receive the quoted trade in value, it is very important to properly package your Qualified Product. For suggestions on how to pack your Qualified Product securely, please consult our Packaging Guidelines. Packing and shipping recommendations should be followed in order to avoid possible damage or loss. If you follow the above packing guidelines and instructions, the Qualified Product should arrive in the same condition as when it left your possession. If the product is damaged during shipping and there is visible damage to the packing materials (box is dented, ripped, smashed, etc.), ecoNEW will take responsibility for resolving any claims with the shipper.

There are no cash equivalents or exchanges for any reward offered under ecoNEWonline.com unless otherwise specified in writing by ecoNEW. Any dollar value or amount attributed by ecoNEWonline.com to any reward is merely an estimate of value by ecoNEWonline.com, and the actual market value for such reward will be subject to strict compliance with all applicable Program Terms and Conditions, and does not represent a guarantee or warranty that the reward offered is, or will be, fully honored at all retail locations.

The trade-in section of this program is intended to offer trade-in value for working products or products that may contain the defects outlined in the deductions section of the trade-in program. Only eligible products qualify for trade-in or recycle. A list of eligible products is available on the trade-in platform main page. The trade-in product model number, its configuration and condition must match what was provided by you to ecoNEW during the trade-in estimation. If they do not match, ecoNEW reserves the right to recalculate the trade-in value. The value of your reward card will reflect the recalculated trade-in value if the product shipped does not match the information provided by you online during the trade-in estimation process. We may, at our discretion, offer some trade-in value for products that display functional conditions that we did not prompt for such as no boot or no power. However, we reserve the right to reject any trade-in for conditions that effect the operation of your product.

If your Qualified Product(s) were received and ecoNEW determined that the product condition was misrepresented by you, and there is no trade value, ecoNEW will recycle your product for free. Back to top of Page

Termination of Use

You agree that ecoNEW, in their sole discretion, may terminate or restrict your My Account and/or your use or access to this Site (or any part thereof) for any reason, including, without limitation, based on their belief that you may have violated or acted inconsistently with the letter or spirit of these Terms of Use, or the terms, conditions, or rules of a contest, or other promotion contained within the Site. Back to top of Page

Applicable Law

The ecoNEWonline.com site is created, operated and controlled by Enviro-N.E.W., LLC, dba ecoNEW, at and from the Commonwealth of Virginia, United States of America. By using this Site, you consent and agree to the laws of the Commonwealth of Virginia as governing these Terms of Use without giving effect to any principles or conflicts of laws, and you further consent to the state or federal courts in Virginia, USA as having exclusive jurisdiction over any dispute and/or litigation arising from your use of ecoNEWonline.com. If any provision of these Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The failure of ecoNEW to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose, or be forever barred. Back to top of Page

Links to Third-Party Websites

This site may provide links to other third-party sites or resources. ecoNEW makes no representations whatsoever about any other internet site which you may access through ecoNEWonline.com. You acknowledge and agree that ecoNEW has no control over such sites and resources, and is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, and/or any other items of a destructive, malicious, or detrimental nature. References on this site to any names, marks, products or services of any third parties, or hypertext links to third party sites or information, are provided solely as a convenience to you, and do not constitute or imply any endorsement, sponsorship, or recommendation of, or affiliation with, the third party or its products and services by ecoNEW or Enviro-N.E.W. ecoNEW makes no representation or warranty as to any third party Content, products or services, and you agree that ecoNEW 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 third-party content, products or services available on or through any such site or resource. Back to top of Page

Limitation of Liability and Remedies

2.   Sam's Club is not involved in individual transactions between ecoNEW and Sam's Club customers. Any and all transactions conducted on this site are solely the responsibility of ecoNEW and such visitors. By agreeing to these terms and conditions, you hereby release Sam's Club and its respective directors, employees and agents from any disputes, claims, demands, and/or damages (actual or consequential) of every kind, whether known or unknown, arising out of, or relating to, your use of ecoNEW services, including, without limitation, uncompleted or completed transactions and any claims or disputes between you and ecoNEW.

The ecoNEWonline.com Program is offered by ecoNEW. In using the ecoNEWonline.com site, you expressly agree that use of the ecoNEWonline.com site is at your sole risk. The ecoNEWonline.com site is provided on an "as-is" and "as-available" basis. ecoNEW and/or its affiliates, subsidiaries, or designees, nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "ecoNEW") warrant that use of the ecoNEWonline.com site will be uninterrupted or error-free. ecoNEW makes no representation that content provided on the ecoNEWonline.com site is applicable to, or appropriate for use in, locations outside of the United States. ECONEW SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. No oral advice or written information given by ecoNEW shall create a warranty. UNDER NO CIRCUMSTANCES SHALL ECONEW BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF, OR YOUR INABILITY TO USE THE ECONEWONLINE.COM SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE ECONEWONLINE.COM SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of ecoNEW has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the ecoNEWonline.com site.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Notwithstanding the foregoing, ecoNEW's total liability to you for any losses, damages, and causes of action, including but not limited to those based on contract, tort, or otherwise, arising out of your use of this site, its content or links, and/or any of the services offered through ecoNEW, shall never exceed the actual value of the reward specified by ecoNEWonline.com for the item actually shipped to ecoNEWonline.com. In the event the item shipped by you to ecoNEW does not actually constitute a Qualified Product under ecoNEWonline.com, then ecoNEWonline.com shall not have liability to you for any losses, damages or causes of action whatsoever. Back to top of Page

Indemnification

You agree to indemnify and hold ecoNEW harmless from any claim or demand, including reasonable attorney fees, made by any third party arising out of, or related to, your violation of the foregoing Terms of use, or your violation of any law, regulation or third-party right. Back to top of Page

Security

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password.

The ecoNEWonline.com site may only be used for lawful purposes. Activities including, but not limited to, tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

You are prohibited from violating or attempting to violate the security of the ecoNEWonline.com site, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (b) using the ecoNEWonline.com site for unintended purposes or trying to change the behavior of the Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) uploading, posting, emailing, transmitting or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any service to any user, host or network, computer software or hardware or telecommunications equipment, including without limitation via means of submitting a virus to the site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (f) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; (g) forging communications on behalf of the Site (impersonating the ecoNEWonline.com) or to the Web site (impersonating as a legitimate user); (h) uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (i) harming minors in any way; (j) impersonating any person or entity or falsely state or otherwise misrepresenting your affiliation with a person or entity; (k) uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (l) uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (m) "stalking" or otherwise harassing another person or entity; and/or (n) collecting or storing personal data about other users. You agree that violation of any of the foregoing will result in your immediate disqualification from use of the ecoNEWonline.com site, and may result in additional legal actions being taken by ecoNEWonline.com. Sending unsolicited and unauthorized email on behalf of ecoNEWonline.com, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software, or routine or data to interfere or attempt to interfere with the proper working of the ecoNEWonline.com site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the ecoNEWonline.com site other than the search engine and search agents provided by ecoNEWonline.com or generally publicly available browsers. Back to top of Page

Ownership and Restrictions on Use of Content

All content included within, on or comprising the ecoNEWonline.com site, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively referred to herein as "Content") are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and ecoNEWonline.com owns and/or licenses, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. In addition, ecoNEW or its licensors own a copyright in the selection, coordination and arrangement of the Content.

You therefore have no ownership rights to any part of the Content. The unauthorized copying, displaying or other use of any part of the Content from this site is a violation of the law. You are hereby granted permission to access the Content from the site in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the site or ordering products or services from ecoNEWonline.com. This permission terminates automatically if you breach any of the web site Terms of Use. Neither title nor intellectual property rights are transferred to you, but remain as applicable with ecoNEWonline.com. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert any part of the ecoNEWonline.com site and/or any software, code or device downloaded from or through the Site. ecoNEW does not grant you any permission to use the Content other than the permission expressly stated in these Terms of Use. All other use of any part of the Content from the site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the site, or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without ecoNEW's prior express written consent. All characters appearing in this work are fictitious. Any resemblance to real persons, living or dead, is purely coincidental. Back to top of Page

Accuracy and Revisions

Except as to orders already accepted, ecoNEW may modify, suspend, withdraw or discontinue, temporarily or permanently, either ecoNEW and/or the Content contained thereon, in whole or in part, at any time without notice. You agree that ecoNEW shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of any part of ecoNEWonline.com as to orders not already placed and accepted on ecoNEWonline.com. ecoNEW may at any time revise these web site Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current web site Terms of Use to which you are bound. Back to top of Page

Acceptance of Terms

You acknowledge you have read, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including, without limitation, U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. By your continued use of this website tool, you agree to each of the Terms of Use set forth and/or linked herein. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. If you do not agree to these terms, you are prohibited from using this Site. Back to top of Page

Privacy and Information Sharing

In order to fulfill your ecoNEWonline.com request, ecoNEW will share your basic contact information (name, email address, address) with its vendors. With your prior consent given through ecoNEWonline.com, ecoNEW may add this information to their customer database so that you may receive information on products or services of interest.

The policy of ecoNEWonline.com is to respect the privacy of all web site visitors to the extent permitted by law. This online privacy statement is intended to inform you of the ways in which this web site collects information, the uses to which that information will be put, and the ways in which we will protect any information you choose to provide us. There are four types of information that this site may collect during your visit: network traffic logs, web visit logs, cookies, and information voluntarily provided by you.

Network Traffic Logs - In the course of ensuring network security and consistent service for all users, ecoNEWonline.com employs software programs to do such things as monitor network traffic, identify unauthorized access or access to nonpublic information, detect computer viruses and other software that might damage ecoNEWonline.com computers or the network, and monitor and tune the performance of the ecoNEWonline.com network. In the course of such monitoring, these programs may detect such information as email headers, addresses from network packets, and other information. Information from these activities is used only for the purpose of maintaining the security and performance of ecoNEWonline.com's networks and computer systems. Personally identifiable information from these activities is not released to external parties without your consent unless required by law.

Web Visit Logs - ecoNEWonline.com web sites routinely collect and store information from online visitors to help manage those sites and improve service. This information includes the pages visited on the site, the date and time of the visit, the internet address (URL or IP address) of the referring site, the domain name and IP address from which the access occurred, the version of browser used, and the capabilities of the browser. This site makes no attempt to identify individual visitors from this information; any personally identifiable information is not released to external parties without your consent unless required by law.

Cookies - Cookies are pieces of information stored by your web browser on behalf of a web site and returned to the web site on request. This site may use cookies for two purposes: to carry data about your current session at the site from one web page to the next, and to identify you to the site between visits. If you prefer not to receive cookies, you may turn them off in your browser, or may set your browser to ask you before accepting a new cookie. Some pages may not function properly if the cookies are turned off. Unless otherwise notified on this site, we will not store data, other than for these two purposes, in cookies. Cookies remain on your computer, and accordingly we neither store cookies on our computers nor forward them to any external parties. Unless otherwise notified on this site, we do not use cookies to track your movement among different web sites and do not exchange cookies with other entities.

Information Voluntarily Provided by You - In the course of using this web site, you may choose to provide us with information to help us serve your needs. For example, you may send us electronic mail (through a mailer or a web form) to request information, you may sign up for a mailing list, or you may send us your address so we may send you an application or other material. Any personally identifiable information you send us will be used only for the purpose indicated. Requests for information will be directed to the appropriate staff to respond to the request, and may be recorded to help us update our site to better respond to similar requests. We will not sell, exchange or otherwise distribute your personally identifiable information without your consent, except to the extent required by law. We do not retain the information longer than necessary for normal operations. If you do not wish to have the information used in that manner, you are not required to provide it.

The ecoNEWonline.com web site may provide links to other World Wide Web sites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for their availability, content or delivery of services. In particular, external sites are not bound by ecoNEWonline.com's online privacy. Back to top of Page