SELLER AGREEMENT
In order to participate in our Mobile Trade In Program ("Program"), you must be 18 years of age and review and execute this Seller Agreement ("Agreement"). This Agreement describes the terms and conditions that govern the exchange of your used smartphone for a monetary credit toward your purchase of your new smartphone:
PROGRAM SCOPE: The monetary credit provided to you pursuant to this Program in exchange for your used smartphone will only be applied toward the purchase price of a new smartphone that is in-stock at the time of trade in. Only one used smartphone may be exchanged for a monetary credit toward the purchase of a new phone.
EQUIPMENT QUALITY. Walmart will determine the monetary credit provided to you for your used smartphone after considering various factors including, but not limited to, the model and physical condition of the smartphone. Walmart reserves the right to reject a used smartphone for any lawful reason. By executing this Agreement, you agree that any information you have provided to Walmart regarding your used smartphone is truthful, accurate, and complete. Walmart will not accept smartphones that it determines have no value.
SALES TAX. Sales tax associated with the purchase of your new smartphone will be based on the original purchase price of the smartphone, prior to application of any monetary credit, and you are responsible for payment of the sales tax.
PRICING. All pricing offered pursuant to this Program is subject to change without notice. For all prices, products, and offers, Walmart reserves the right to make adjustments at any time in its sole discretion. Walmart reserves the right to void any transaction. In the event a monetary credit provided to you in exchange for a used smartphone exceeds the value of your new smartphone, the remaining balance will be provided to you on a Walmart gift card.
RETURNS. The return of a new smartphone purchased pursuant to this Program will be governed by Walmart's Return/Exchanges Policy. Smartphones must be returned at the Connection Center.
OWNERSHIP WARRANTY. Walmart will only accept a used smartphone from you that you own. Execution of this Agreement affirms you own right, title, and interest to the used smartphone, that it is not counterfeit or stolen, and that you are not under the age of eighteen (18). Walmart will not accept a used smartphone that has been borrowed, leased, or stolen. Any used smartphone must be free from any third-party software or liens for which royalties are due or that infringes on the proprietary rights of a third party.
INDEMNITY. By executing this Agreement, you agree to indemnify, defend, and hold harmless Walmart and its business partner CExchange, Inc. ("CExchange") from any and all claims or demands, including reasonable attorney's fees, asserted by a third party as a result of your breach of any portion of this Agreement, your violation of the law, or the rights of any third party.
TRANSFER OF TITLE. Once you trade your used smartphone to Walmart, title to your used smartphone passes to CExchange AND YOUR USED SMARTPHONE WILL NOT BE RETURNED TO YOU FOR ANY REASON. By executing this Agreement, you agree the exchange of your used smartphone and delivery of title to Walmart complies with all applicable laws, rules and regulations.
TERMINATION OF MOBILE PHONE SERVICE. It is your responsibility to discontinue service on any used smartphone delivered to Walmart as part of this Program. Walmart and CExchange are not responsible for previous or subsequent airtime charges accrued prior, during, or after you have delivered your used smartphone to Walmart. Should any airtime charges be accrued, it is your responsibility to resolve payment issues with the service provider.
PRIVATE INFORMATION. YOU ARE RESPONSIBLE FOR REMOVING ALL PERSONAL, PRIVATE, AND CONFIDENTIAL INFORMATION FROM YOUR USED SMARTPHONE, INCLUDING, BUT NOT LIMITED TO, PHONEBOOK ENTRIES, PERSONAL CODES, EMAIL, ADDRESSES, IM ADDRESSES, PHOTOS, AND DOWNLOADED FILES(COLLECTIVELY, THE "DATA") FROM YOUR USED SMARTPHONE BEFORE PROVIDING IT TO WALMART. Neither Walmart, nor CExchange, are responsible for any Data left on your used smartphone and are not responsible for any disclosure of Data to third parties. In addition, it is your responsibility to remove any and all codes that would prevent Walmart or CExchange from having the ability to refurbish or resell your used smartphone.
RELEASE. By executing this Agreement, you release Walmart and CExchange from any claim, liability, or damages arising out of or relating to the Program, your used smartphone, or any Data stored on your used smartphone.
NO WARRANTY; LIMITATIONS. PURSUANT TO THIS PROGRAM, WALMART AND CEXCHANGE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. IN NO EVENT SHALL WALMART OR CEXCHANGE, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS BY YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE PROGRAM, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL WALMART OR CEXCHANGE BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING THE VALUE OF THE MONETARY CREDIT PROVIDED TO YOU TOWARDS YOUR PURCHASE OF NEW MERCHANDISE PURSUANT TO THIS PROGRAM. Please note, some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to some exchanges; in such states liability is limited to the fullest extent permitted by law.
MISCELLANEOUS. This Agreement outlines the terms that govern the transfer of your used smartphone to Walmart. These terms cannot be modified unless agreed to in writing by a duly authorized agent of Walmart. 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 the exchange. No waiver by Walmart of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any term in this Agreement is determined to be unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. Walmart reserves the right to seek all remedies available at law and in equity for any failure to adhere to the terms governing this Program. THIS PROGRAM AND AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF ARKANSAS. BY EXECUTING THIS AGREEMENT, YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN ARKANSAS, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.