Terms and Conditions
Welcome to Capstonewirelessllc.com (the “Site”), operated by Capstone Wireless LLC and its affiliates (collectively, “Capstone”). The Site provides businesses and individual users the ability to sell their used iPhones, iPads and other selected mobile and electronic devices to Capstone (the “Services”) subject to the terms and conditions contained herein. Please read these Terms and Conditions of Use (these “Terms and Conditions”) carefully, as they govern your use of the Site and Services. As used in these Terms and Conditions, “you” or “your” refers collectively to an eligible user of the Site or a seller of an Item (as defined below).
Before using the Site or the Services, you must agree to all of these Terms and Conditions. If you disagree with any of these Terms and Conditions, you should refrain from use of the Site or the Services. Capstone reserves the right to change or discontinue the Site or the Services, any aspect of the Site or the Services, or these Terms and Conditions, at any time, without notice.
CAPSTONE OFFERS THE SITE AND SERVICES TO YOU CONDITIONED ON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THESE TERMS AND CONDITIONS. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY AND LIMITATIONS ON YOUR REMEDIES. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND CAPSTONE.
USE OF THE SITE AND SERVICES
You will not use the Site or Services in any way that is unlawful, or harms Capstone, its service providers and/or vendors, any user of Capstone, or any third party. Without limiting the generality of the foregoing, you may not use the Site or Services in any manner that could damage, disable, overburden or impair the Site (or the network(s) connected to the Site) or interfere with any other party’s use and enjoyment of the Site or Services.
You must be at least eighteen (18) years of age to use the Services.
You are fully responsible for your activities while using the Site and/or Services, and you shall bear all risks associated with using the Site and Services. You agree not to use the Site or Services to engage in any prohibited conduct. Prohibited conduct includes, but is not limited to, using this Site or Services to: (a) intercept or interfere with any communication; (b) violate the security or integrity of, or gain unauthorized access to, the Site or any other service or system; (c) disseminate viruses, Trojan horses, or other code or programming intended to damage, interfere with, intercept or expropriate any system or data; (d) send “spam” or other unsolicited communications to any party; (e) create a “mail drop” for such communications, or engage or permit e-mail relay services; (f) impose an unreasonably large load on any system or infrastructure; (g) commit fraud; (h) “spoof” or otherwise impersonate any other party, or falsely state or otherwise misrepresent your identity or affiliation in any way; (i) send, receive, post or share any material that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy or publicity; (j) send, receive, post or share any material that you do not have a right to make available; (k) communicate defamatory statements or materials; (l) modify, delete, resell, or redistribute the Site or information found on the Site; (m) engage in any conduct that would expose Capstone or its affiliates to civil or criminal liability; (n) decompile, disassemble, or reverse engineer the underlying source code of the Site; or (o) assist others in engaging in prohibited conduct.
Terms of iPhone®/iPad® buyback services
Failure to deactivate the Find My iPhone/iPad security feature in iOS 7 on Apple® devices prior to sending to Capstone will result in a considerable delay in processing and may result in forfeiture of payment. These devices will not be returned. Download the “Find My iPhone/iPad deactivation instructions (pdf)”
Terms of the Individual Online Buyback Services
The individual online buyback service found at http://www.Capstonewirelessllc.com is provided by Capstone LLC. You agree to sell your individual devices through Capstone’s online e-commerce portal (each an “Item”) to Capstone after receiving a quote for your Item based on the Item’s condition and model. By clicking the “Submit” button to sell your Item, you agree to these Terms and Conditions.
Capstone determines, in its sole discretion, the value of your Item based upon the information you supply to the Site regarding the model type. Once Capstone has received such information, the Site will provide a quote on the value of the Item. Capstone bases its quote values and prices upon numerous market factors. After you receive the quote, you have the option to either accept the quote and sell the Item to Capstone, or reject the quote and keep the Item.
Capstone has the right, in its sole discretion, to accept or reject Items offered for sale by you. Capstone also reserves the right to provide a “requote” of an Item once Capstone has received and inspected the Item. Requotes may occur if an Item (i) is a different model then you indicated on the Site; (ii) is in a different condition than was previously indicated at time of initial quote; or (iii) does not include all of the accessories as you indicated at the time of the initial quote. If Capstone issues a requote on your Item, you will have five (5) days to either accept or reject such requote by email. If you do not take either action after five (5) days, you will be deemed to have accepted the offer to sell the Item for the requoted price, the Item will be processed at the requote amount and you will be paid, by check, in a timely manner. Capstone also reserves the right to issue a requote if the Item has not been delivered to Capstone within thirty (30) days of the original quote.
In order to receive payments for any Items you must provide Capstone 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. If you are receiving payment through PayPal, you must supply a valid email address for your PayPal account. You understand and agree that if you fail to provide Capstone with accurate information: (a) Capstone will not be responsible for any misapplied payments or payments sent to a wrong address, and (b) any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws.
You must own the right, title, and interest to any Items offered for sale to Capstone. By agreeing to sell your Item, you represent and warrant that you own title to the Item free and clear of all encumbrances and have full authority to transfer title of such Item. Furthermore, you must comply with all applicable laws and regulations relating to such sale. By using Capstone’s Services, you agree to indemnify Capstone from all potential claims and losses associated with the sale of your Item. After Inspection (as defined below) and acceptance by Capstone of the Item, title to the Item shall transfer to Capstone. Payment for such Item based upon the quote or requote shall be timely remitted to you thereafter.
Capstone deletes all personal information and data from every Item that it purchases. By submitting your Item to Capstone, you are consenting and agreeing to the deletion of such data. However, by selling your Item to Capstone, you hereby agree to release Capstone from any claims, actions, demands, damages, costs, losses or other legal entitlements, including reasonable attorneys’ fees,that may arise in connection with the Item or the personal information on such Item if such information is not erased from the device. If you are selling an iPhone or iPad that has an iOS 7 or greater operating system, you must deactivate the “Find My iPhone/iPad” Activation Lock for iOS 7 prior to sending to Capstone.
Right of Rejection
Capstone reserves the right to reject an Item, and therefore not requote or remit payment for an Item if the Item (i) has been altered or damaged; ; (ii) does not include the motherboard; (iii) is a different model or is in a different condition than that represented by you at the time of the original quote; or (iv) is modified in such a way that it no longer conforms to the original factory specifications or is not 100% OEM components (including but not limited to motherboard, screen, and housing).
Title and Risk of Loss
Title to and risk of loss for Items will pass to Capstone after the inspection of the Items at Capstone’s headquarters (the “Inspection”). Therefore, you will remain responsible for any and all damage to your Item which may occur before the Inspection, including any loss or damage in transit. Once you send Capstone your Product, Capstone cannot and does not guarantee that it will be able to honor any request for return of the Item and/or any data or information contained in such Item. If Capstone rejects the Item or you do not accept any requote for the Item, your Item will be returned to you.
Changes in eligible Items
Capstone reserves the right to modify the eligibility and ability to sell Items at any time without providing notice to the seller.
Any quote or requote by Capstone for your Item is non-transferable and not redeemable for any other consideration other than what is quoted in exchange for sale of the Item.
Some of the information and materials on the Site is generated by the third parties and users of the Services (“Non-Capstone Generated Materials”). Capstone does not guarantee the accuracy of any Non-Capstone Generated Materials. Capstone reserves the right to monitor or approve postings of Non-Capstone Generated Materials to the Site, but is not obligated to do so. By accepting these Terms and Conditions, you acknowledge that Capstone is not responsible for any Non-Capstone Generated Materials posted to the Site or otherwise available on the Services, and any reliance on such Non-Capstone Generated Materials is at your own risk.
You are solely responsible for the content of any Non-Capstone Generated Materials you submit to the Services and/or post to the Site. Capstone reserves the right to edit, modify, remove or otherwise alter or refuse to post any Non-Capstone Generated Materials, without notice to the user who contributed such Non-Capstone Generated Materials. By accepting these Terms and Conditions, you waive any rights you may have in and to such Non-Capstone Generated Materials, including any copyrights or moral rights you may have in such materials.
Capstone takes seriously any claims of copyright infringement pertaining to data and materials available on the Site generated by Capstone. Any person (a “Claimant”) may notify Capstone of potential copyright infringement on the Site by way of a written communication provided to Capstone’s designated agent (identified below) that includes substantially all of the following information (the “Notification”):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single Notification, a representative list of such works on the Site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Capstone to locate the material.
4. Information reasonably sufficient to permit Capstone to contact the Claimant, such as an address, telephone number, and, if available, an electronic mail address at which the Claimant may be contacted.
5. A statement that the Claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the Notification is accurate, and under penalty of perjury, that the Claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a Notification containing substantially all of the foregoing information, Capstone will expeditiously remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. Capstone will also promptly notify the user who is responsible for the posting of such allegedly infringing material to the Site (the “Responsible Person”) that such material has been removed, or access to such content has been disabled. Such Responsible Person may then file a counter-notification with Capstone’s designated agent that includes substantially all of the following information (the “Counter-Notification”):
1. A physical or electronic signature of the Responsible Person.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the Responsible Person has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The Responsible Person’s name, address, and telephone number, and a statement that the Responsible Person consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Responsible Person’s address is outside of the United States, for any judicial district in which Capstone may be found, and that the Responsible Person will accept service of process from the Claimant or an agent of such Claimant.
Upon receipt of a Counter-Notification containing substantially all of the foregoing information, Capstone will promptly send a copy of such Counter-Notification to the Claimant and will notify Claimant that it will replace the removed material or cease disabling access to it within ten (10) business days. Unless the Claimant provides written notice to the designated agent that the Claimant has filed an action seeking a court order to restrain the Responsible Party from engaging in the infringing activity relating to the allegedly-infringing material, Capstone will replace the removed material or cease disabling access to it not less than ten (10) days following receipt of the Counter-Notice.
Any person who knowingly misrepresents (i) that any material, content, or activity is infringing or (ii) that material or activity was removed or disabled by mistake or misidentification, shall be liable in damages as provided in Section 512(f) of the United States Copyright Act, as amended (17 U.S.C. § 101 et seq.).
Any copyright infringer may be denied future access to the Site or Services.
Capstone’s designated agent for purposes of the foregoing is:
11450 Pagemill Road
Dallas, Texas 75243
INTELLECTUAL PROPERTY RIGHTS
The Site, the Non-Capstone Generated Materials, and the other content provided herein, including but not limited to text, photos, video, graphics, audio, and any software that is made available for viewing or download from the Site (collectively “Content”), is protected by U.S. and/or international copyright law. The Content is made available solely for your personal use, subject to these Terms and Conditions. Any reproduction, redistribution, performance or display of the Content, or any portion of the Content, not in accordance these Terms and Conditions is expressly prohibited by law and may result in civil or criminal penalties. The Site includes references to trademarks of Capstone and others. Nothing contained on the Site or in these Terms and Conditions should be construed as granting any license or right to use any Content or trademark displayed on the Site without the written permission of Capstone or such third party that may own the Content or trademarks displayed on the Site. You agree to abide by all copyright notices, information or restrictions contained in any Content accessed through the Service. Use of any third party Content or trademarks on the Site does not suggest any affiliation, association, approval or sponsorship between Capstone and any such third party.
Capstone does not currently charge fees to users of the Site, but reserves the right to charge fees for access to the Site or use of the Services at any time. If Capstone establishes any fees for the service, Capstone will notify you and obtain your consent in advance of any charges being incurred.
No software may be downloaded or otherwise exported into any countries that are subject to U.S. export control restrictions. By downloading or using software from this web site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country that is subject to U.S. export restrictions.
WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
Capstone hereby disclaims all warranties AND CONDITIONS OF ANY KIND with regard to the Site, THE SERVICEs, the content, the NON-Capstone generated materials or ANY Software, including, BUT NOT LIMITED TO, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Capstone makes no representations about the AVAILABILITY, completeness, accuracy, timeliness, continuity, appropriateness, and suitability for any purpose of THE SERVICES AND any information contained in the Site. In no event shall Capstone (OR ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE AGENTS, EMPLOYEES AND REPRESENTATIVES) be liable for any special, incidental, punitive, indirect or consequential damages or any damages whatsoever resulting from the use, or loss of use, of the services or the Site, OR ANY INFORMATION, CONTENT OR NON-Capstone GENERATED MATERIALS CONTAINED ON THE SITE regardless of the nature of the action.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES AND THE SITE ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. CAPSTONE DOES NOT WARRANT THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. NO ORAL STATEMENT OR INFORMATION GIVEN BY CAPSTONE (OR ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE AGENTS, EMPLOYEES AND REPRESENTATIVES) SHALL CREATE ANY WARRANTY.
If you are dissatisfied with the Site or any of Capstone’s terms, conditions, rules, policies, guidelines or practices, or otherwise have a dispute with Capstone, your sole and exclusive remedy is to discontinue using the Site AND THE SERVICES.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such case, in no event shall Capstone’s total liability to you for all damages, losses and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed $100.
AVAILABILITY AND ACCURACY OF INFORMATION
Capstone makes no commitment to update any information provided on the Site.
Capstone shall not be liable for any loss or damage, delay in performance or nonperformance caused by equipment malfunction or breakdown, ISP outage or delay, network or pipeline disruption, severe weather conditions, information unavailability, strikes or other labor disputes, riots, fire, insurrection, war, failure of carriers, accidents, acts of God or any other causes beyond Capstone’s reasonable control.
The Site may contain hyperlinks to other websites owned and operated by third parties. The linked sites are not under Capstone’s control and Capstone is not responsible for the contents of any third party web site or any information or services provided by such third parties. The presence of any hyperlink does not imply endorsement by Capstone of the linked web site.
NOTICE OF INDEMNIFICATION
You agree to defend, indemnify and hold harmless Capstone, its parent companies, subsidiaries, affiliates, employees, agents, contractors, telecommunication providers, content providers, successors and assignees and each of their respective owners, officers, directors, employees and agents from and against any and all liabilities, claims, actions, demands, damages, costs, losses and expenses (including reasonable attorney’s fees) arising out of your use of the Site or Services, the use of any third party websites or services or any breach by you of these Terms and Conditions.
ARBITRATION; BINDING LAW
All disputes arising between you and Capstone, out of or in relation to or in connection with this Site, or Services provided to you by Capstone, including without limitation any statutory, common law, regulatory, local, state, federal or constitutional claims, shall be finally resolved by arbitration conducted in Dallas, Texas, in accordance with the rules for commercial arbitration of the American Arbitration Association (“AAA”) in effect at the time such arbitration is initiated. A single arbitrator will be selected by you and Capstone to resolve the dispute consistent with the rules and procedures of the AAA, and the decision of the arbitrator shall be final and binding upon all parties. You will be responsible for paying your own arbitration fees, attorneys’ fees and related expenses, including witness fees (if any). Any questions involving contract interpretation shall be made in accordance with the laws of the State of Texas without regard to the laws of conflict. In addition, you agree that any arbitration that you initiate that arises from or relates to
THESE TERMS AND CONDITIONS, the Site, or Services provided by Capstone must be initiated within one (1) year from the date on which your claim accrues, and that no claim may be asserted after that time. YOU FURTHER AGREE THAT NO CLAIM IN THE NATURE OR FORM OF A CLASS ACTION WILL BE ASSERTED IN THE ARBITRATION PROCEEDING. Notwithstanding the foregoing agreement to arbitration, Capstone shall have the right to bring legal action against you in a court of law to protect and enforce Capstone’s intellectual property or indemnification rights, including recovery of any damages.
IN THE EVENT THAT ANY SUCH ACTION IS INITIATED BY CAPSTONE, YOU AGREE TO SUBMIT TO THE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN FRANKLIN COUNTY, OHIO FOR PURPOSES OF SUCH ACTION AND YOU WAIVE ANY OBJECTION TO PERSONAL JURISDICTION, VENUE, OR FORUM NON CONVENIENS IN SUCH COURTS. IN ADDITION, YOU WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY SUCH ACTION.
You agree that if any provision(s) of these Terms and Conditions is(are) determined to be invalid or unenforceable under applicable law, such provision(s) will be deemed superseded by a valid, enforceable provision that most closely serves the intent of the original provision, and the remainder of these Terms and Conditions will continue to have legal effect. You agree that these Terms and Conditions constitute the entire agreement between you and Capstone regarding its subject matter, and it supersedes any prior or contemporaneous agreements between you and Capstone regarding its subject matter. These Terms and Conditions may not be modified orally, but may only be modified in writing through the posting of revised Terms and Conditions through the Site. Any rights not expressly granted herein are reserved by Capstone.
Capstone reserves the right to make changes to the Site, the Services and these Terms and Conditions at any time, which changes shall become effective immediately upon posting on the Site.
By using this Site, you acknowledge that you have read and agree to the Terms and Conditions set forth above relating to the use of the Site and the Services, and that my use of the Site and the Services offered by Capstone is expressly conditioned on my agreement to all such Terms and Conditions.