ecoATM, LLC (doing business as Gazelle), and its parent, subsidiaries and affiliates ("Gazelle," "we," or "us") offers services (the "Gazelle Services") through which you can (i) sell certain consumer electronic products (the "Products") after receiving an "offer" from Gazelle by identifying your Product and its condition and completing check-out on the Gazelle Websites (each transaction, a "Trade-In") and (ii) buy Products (each sale, a "Purchase"). You must agree to abide by the following terms in order to use the Gazelle Services and/or the Gazelle Websites.
BY SETTING UP AN ACCOUNT, OR BY USING GAZELLE'S WEB SITES, 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 GAZELLE WEBSITES. ANY AMENDED TERMS WILL BE AUTOMATICALLY EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED. Gazelle reserves the right to terminate or suspend your use of the Gazelle Websites and/or the Gazelle Services if you do not comply with this Agreement or any other Gazelle policy or procedure, or for any other reason we determine, in our sole discretion.
If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email firstname.lastname@example.org.
Last Updated: May 16, 2016
Welcome! You may use the website, services, content, technologies and applications of gazelle.com (the "Website") only on the condition that you abide by the following terms.
BY USING THE WEBSITE AND/OR BY REGISTERING TO OPEN AN ACCOUNT WITH US, YOU SIGNIFY YOUR AGREEMENT TO THE FOLLOWING TERMS ("SITE TERMS").
The Website is a service made available by ecoATM, LLC (doing business as Gazelle) and its parent, subsidiaries and affiliates ("Gazelle," "we" or "us"). The Site Terms have the same effect as an agreement in writing and govern your use of the Website. If you do not agree to the Site Terms, please do not use the Website. We may modify the Site Terms at any time. If you do not agree to the changes, you may discontinue using Gazelle before the changes take effect. Your continued use of Gazelle after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log into the Website, you reaffirm your acceptance of the Site Terms. You are responsible for regularly reviewing the Site Terms, by clicking on the "Legal" link at www.gazelle.com. The Site Terms may be supplemented by additional terms and conditions applicable to specific areas of this Website, or to particular content or transactions are posted in particular areas of the site, which, together with these Site Terms, govern your use of those areas, content, or transactions.
The Website gives users the ability to sell, buy or donate certain electronic devices such as mobile phones (collectively, the "Product") subject to these Site Terms. You agree that all transactions will be performed electronically and that the terms of any offer to sell or donate any Product will be governed by Gazelle's Terms of Sale Agreement located at https://www.gazelle.com/service_terms. We may, in our sole discretion, change or discontinue any or all aspects of the Website at any time, without notice, and without liability to you.
Registration is not required to visit the Website; however, you will need to register with us and create an account if you desire to use all of the Website's services and features or to complete a transaction with us. If you register to open an account, you agree to provide accurate, complete registration information. You must be legally capable to enter into contracts. It is your responsibility to make any updates to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. We do not permit any other person using the registered sections under your name and you agree not to share your account credentials with others. If you believe there has been unauthorized use of your account, notify Gazelle immediately by emailing email@example.com.
The Website contains information, content or advertisements text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (collectively, the "Content") that are protected by copyrights, trademarks, service marks, trade dress, patents or other intellectual or proprietary rights owned by Gazelle or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. Further, Gazelle retains all rights (including intellectual property rights), title and interest in the Website, technology, and all underlying technology and data including any enhancements, software, applications and improvements related to the Website (the "Technology")(the terms Content and Technology collectively will be referred to as the "Materials"). You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.
Gazelle provides the Website and the Materials for your individual, non-commercial use and solely for the purpose of carrying out individual transactions with the Website. Any other use of the Website or the Materials is strictly prohibited. You may not, either directly or indirectly:
Any permitted use of the Website does not extend to using the Website or Materials for any illegal purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Materials.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
By using the Website, uploading content to or submitting any materials for use on the Website, you grant (or warrant that the owner of such rights has expressly granted Gazelle a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials and/or information generated through use of the Website or incorporate such materials and/or information generated through use of the Website into any form, medium, or technology now known or later developed throughout the universe. We need these rights to host and display your content.
The Website may use robot exclusion methods, which include robots.txt files and HTML meta tags, that expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. Much of the information on the Website is updated on a real time basis and is proprietary or is licensed to Gazelle by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose, including but not limited to performing "offline" searches and mirroring, without our express written permission as indicated in the then current robots.txt file or HTML meta tags on the Website. Additionally, you agree that you will not bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Website.
You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give Gazelle notice of such link by sending an e-mail to firstname.lastname@example.org and (c) you discontinue providing links to this Website if requested by Gazelle. If you wish to provide links to a section within the Website, you should forward your request to Gazelle at email@example.com and Gazelle will notify you if, within its sole and unfettered discretion, permission is granted, and, if so, the terms and conditions of the permission.
You represent and warrant to us that (a) you are legally capable to enter into contracts, (b) you are providing us at all times true, accurate and up to date information about yourself, (c) you will comply at all times with the Site Terms and applicable law and (d) your use of the Website and any transactions that you make with us will not violate the rights of any third party. You further represent and warrant that the device you intend to sell is rightfully owned by you free and clear of all liens and/or encumbrances.
Gazelle makes every effort to ensure the information presented in, on or through its Website is accurate, however, because Gazelle communicates information provided and created by advertisers, software developers, publishers, marketing agents, resellers and other third parties, Gazelle has no control over the accuracy of such information, and makes no guarantee as to such information, and is not responsible for the information, including its accuracy, currency, content, quality, copyright compliance or legality, or any resulting loss or damage.
Gazelle makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk.
THE WEBSITE AND MATERIALS ARE PROVIDED BY GAZELLE ON AN "AS IS" BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GAZELLE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY, 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. WE MAKE NO REPRESENTATIONS THAT THE WEBSITE OR MATERIALS WILL MEET YOUR REQUIREMENTS AND WE DO NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GAZELLE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE "GAZELLE 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 THE WEBSITE OR THE MATERIALS 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, GAZELLE AND THE GAZELLE PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, FAILURE OF THE INTERNET OR ANY VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF GAZELLE AND THE GAZELLE PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO THESE SITE TERMS OR YOUR USE OF THE WEBSITE EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US OR (II) $100. THE LIMITATIONS SET FORTH IN THESE SITE TERMS 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 WEBSITE.
You agree to indemnify, defend, and hold harmless Gazelle and the Gazelle 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 representation or obligation under these Site Terms. 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.
You agree to transact with us electronically. This means you agree to accept and terms and conditions and to transact any sale, donation or recycling of your Product with us by electronic means. You authorize us to send you important notices about the Website and any pending transactions to an email address you provide to us, if you are a registered account holder or, in the alternative, by posting a notice on the Website. It is your duty to keep your email address 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. You can retrieve and review these Site Terms at any time by visiting https://www.gazelle.com/legal.
You are responsible for obtaining at your own expense all equipment and services needed to access and use the Website, including all devices, Internet browsers and Internet access. If you access the Website or a Website application 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.
Our Technology, including any software or applications we provide to you, is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the software with only those rights set forth herein.
Your use of the Website must comply with all applicable laws in the territory in which you access and use the Website, including without limitation, all import and export control laws and regulations of the United States and other countries. You must not transfer, by electronic transmission or otherwise, any content, data, or software subject to restrictions under such laws to a national destination, person, or entity or for an end-use prohibited under those laws without first obtaining and complying with government authorization. You must not upload any data or software to the Website that cannot be exported without prior written government authorization and notification, including, but not limited to, certain types of encryption software.
Gazelle reserves the right to investigate complaints or reported violations of the Site Terms and to take any action Gazelle deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Gazelle reserves the right to seek all remedies available at law and in equity for violations of these Site Terms, including but not limited to the right to block access from a particular Internet address to any Gazelle website. These Site Terms incorporate by reference any agreements contained on the Website and constitutes the entire agreement with respect to access to and use of the Website. If any provision of these Site Terms is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. THESE SITE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, U.S.A., WITHOUT REGARD TO CONFLICT OF LAW RULES OR PRINCIPLES THAT WOULD CAUSE THE APPLICATION OF LAWS OF ANY OTHER JURISDICTION. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN SUFFOLK COUNTY, MASSACHUSETTS, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS. The obligations in Sections 5 through 8, 10 through 15, 17 and 18 shall survive termination of these Site Terms.
Last Updated: May 16, 2016
When you use the Services, you provide information to us. Gazelle collects two types of information: (1) information that you provide to us that lets us know who you are ("Personally Identifiable Information") and (2) information that does not by itself identify a specific individual ("Non-personally Identifiable Information").
We automatically receive and collect Non-personally Identifiable Information on our server logs from your browser, including your IP address, the Uniform Resource Locator ("URL") that you just came from, which URL you next go to, browser type, browser language, date and time of your query, Gazelle cookie information, and the pages you request. This information is compiled and analyzed on both a personal and an aggregated basis. We may use third-party analytics services to collect, monitor and analyze the information collected as described above.
We will use Non-personally Identifiable Information to diagnose problems with our servers and software, to administer the Services, and to gather demographic information. Our third-party advertising networks and servers will also provide us reports that will tell us how many ads were presented and clicked upon on Gazelle in a manner that does not identify personally any individual.
We may also use "pixel tags," which are small graphic files that allow us to monitor the use of the Services. A pixel tag can collect information such as the IP address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time (and length of time) the page containing the pixel tag was viewed; the type of browser that retrieved the pixel tag; and the identification number of any cookie previously placed by that server on your computer. We may use pixel tags, either provided by us or by our third party advertisers and ad networks, to collect information about your visit, including the pages you view, the links you click and other actions taken in connection with our sites and Services and use them in combination with our cookies to provide offers and information of interest to you.
We also may allow certain analytic services and providers of applications used on the Services (e.g. sharing buttons) to collect Non-Personally Identifiable information by placing cookies on the Services that will track certain performance of our Services, such as, web traffic, click-throughs, etc., in order to assist us and our service providers in better understanding the interests of our users and to better serve those interests.
We may use other companies under agreements with us to serve advertisements when you visit and use the Services. These companies may collect and use [Non-Personally Identifiable Information] (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Services and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie, a third party web beacon and/or pixel tags to collect this information. To learn more about this behavioral advertising practice in general and the options that you have, including your option or to opt-out of this type of advertising, you can visit www.networkadvertising.org. These cookies, web beacons and pixel tags do not collect any personal information from your computer, such as your e-mail address. Other companies' use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to Gazelle's cookies.
In order to serve offers and advertisements that may be interest to our users, we may display targeted advertisements on the Services based on Personally Identifiable Information provided by our users, including zip code and profile. We do not provide this Personally Identifiable Information to our advertisers when you interact with such an advertisement. However, please note that the advertisers (including ad serving companies) may determine based on their own analysis that a user who interacts with an advertisement targeted by Gazelle may fit into a certain demographical category; for example, an advertiser may determine that men ages 25-34 are interacting with a certain advertisement on Gazelle from a particular geographic area. You acknowledge that any information collected by such advertisers or advertising networks – and any options that you have with the use of such information – would be handled in accordance with the disclosures provided above in the "Advertising" section.
Gazelle does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
We provide the information to trusted partners who work on behalf of or with Gazelle under confidentiality agreements. These trusted partners include companies with which Gazelle may operate co-branded websites or web-pages to expand their services using Gazelle's Services. These trusted partners may use your personal information to provide services to you on our behalf, evaluate the effectiveness of the services, and to help Gazelle communicate with you about offers from Gazelle and our marketing partners. However, these companies do not have any independent right to share this information. We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
The sites displayed as search results or linked to by the Services are developed by people over whom Gazelle exercises no control. These other sites may place their own cookies on your computer, collect data or solicit personal information. Gazelle may present links in a format that enables us to understand whether they have been followed. We use this information to understand and improve the quality of Gazelle's search technology. For instance, this data helps us determine how often users are satisfied with the first result of a query and how often they proceed to later results.
Social media plug-ins of social networks such as Facebook, Twitter, LinkedIn, Yahoo, Windows and Google plus (among others) are integrated on Gazelle's website. Where Gazelle sites contain a plug-in to a social network, these are clearly marked (e.g. with a Facebook button). If you chose to click on one of these buttons or links, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the web page was used by you. If you interact with a social network plug-in (e.g. you press the Facebook "Like" –feature, the Twitter "Tweet this" feature and Google plus "1+" button or equivalent) or drop a comment on the appropriate web page, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you visit Gazelle's website, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in etc. then you may be permitting us to have on-going access to some limited information from your social network profile (such as name, email address, photo, gender, location, the people/sites you follow etc.).
You can delete your Gazelle registered account by requesting an account deletion via email to firstname.lastname@example.org. You must provide us with the email address of the registered account. After we have confirmed your request via email, we will remove access to your personal information from our user database.
We limit access to personal information about you to our employees and agents who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use many tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private. Because email and instant messaging are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services.
Gazelle is intended for general audiences. Gazelle does not collect or maintain information from those that Gazelle knows are under 13, and no part of the Gazelle Services are targeted to attract anyone under 13.
If you are a California resident, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of your personal information with third parties, for the third parties' direct marketing purposes. California law provides that you have the right to submit a request to us at the designated address and receive the following information: the categories of information we disclosed to third parties for the third parties direct marketing purposes during the preceding calendar year, the names and addresses of third parties that received such information, and if the nature of a third party's business cannot be reasonably determined from the third party's name, examples of the products or services marketed.
You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. Our designated email address for such requests is email@example.com.
If you have questions, concerns or suggestions, please feel free to send an email to firstname.lastname@example.org.
Last Update: May 16, 2016