Terms of Sale Agreement

Gazelle is a service provided by Second Rotation, Inc., wherein you, the seller, offer to sell to Gazelle your product (hereinafter the "Product") after receiving a "quote" from Gazelle. By using Gazelle's website and participating in the service, you agree to the terms and conditions set forth herein. Additional terms and conditions applicable to the use of the site, privacy concerns, specific areas of this Site, or to particular content or transactions are posted in particular areas of the site and, together with these Terms of Sale, govern your use of those areas, content, or transactions. These terms, together with applicable additional terms and conditions, are terms of a legal agreement between you and Second Rotation, Inc., and are collectively referred to herein as the "Agreement."

1. Party Responsibility. Any and all transactions conducted on this site are solely the responsibility of Gazelle and such visitors. You represent and warrant to Gazelle that you own the product being sold free and clear of all liens and other obligations. If you are an authorized dealer of the products you desire to sell to Gazelle, please review your authorized dealer agreement to confirm you are permitted to sell products to Gazelle, without restriction or other obligation, by the manufacturer.
2. Product Qualification. Gazelle tries to offer a "quote" for the purchase of every product you want to sell. While Gazelle will strive toward making a quote on all products, it does reserve the right, in its discretion, to choose not to.
3. Product Valuation; Product Recycling. All quotes will be based on Gazelle's own determination of the product value with the information you supply us. Gazelle will use its discretion to determine the product value, weighing factors that may include the product's model, functionability, and condition. Upon receiving a quote, you have the option of offering for sale your product to Gazelle. If Gazelle determines the product has nominal value, Gazelle may quote you $0. If you continue and make an offer of $0, Gazelle will accept the product in order to recycle the product.
4. Sending Gazelle Your Product. When packaging your device, be sure to include all materials you told us about when we calculated your quote as well as any other materials that came with your product or you may have purchased for it. This may include software, accessories, adapters, and manuals. Failure to include any items you told us about when the quote 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 recalculated quote.
5. Removing Data From Your Product. For products involving devices that store files and personal data on hard drives, memory chips or the like, Gazelle will use its best efforts to remove all data from your product, but makes no guarantee in this regard. It is strongly recommended that you back up your data and then use your best efforts to erase it from your product before shipping. By sending Gazelle your product, you agree to, upon its acceptance by Gazelle, 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 Gazelle, or for such data's security, integrity, confidentiality, disclosure or use. Gazelle is not responsible for any loss suffered by you due to any data that is not erased from the device and transferred to a third party.
6. Product Inspection; Quote Recalculation. All Products are inspected upon receipt by Gazelle. Gazelle has the option to accept or deny the product. There may be instances when Gazelle recalculates the original quote for the product. If the product is as described, with all materials described, and sent to Gazelle in a timely manner (within one month of the quote), Gazelle will honor all quotes made for your product. Packing and shipping recommendations should be followed in order to avoid possible damage or loss, which may also affect the quote. In the event Gazelle recalculates the quote you shall have the option of accepting or rejecting the new quote. If you choose to accept the new quote, you will be paid in normal course and in accordance with these service terms. If you choose to reject the new quote, Gazelle will return the product to you at the address from which it was originally sent. Gazelle will give you five (5) days – from the day Gazelle recalculates the quote – to accept or reject the new quote. Gazelle will also remind you of the outstanding new quote one or more times during the period. However, if the new quote is neither accepted nor rejected after the 5 days, Gazelle will assume acceptance of the new quote, and you will be paid the new quote in normal course and in accordance with these service terms.
7. Condition Defined. Gazelle uses four (4) product conditions to grade products, ranging from "Excellent" to "Poor." Conditions can widely vary between categories and types of products. Broadly, Gazelle's product definitions are as follows:
   1. Perfect: the item is in perfect condition with no scratches, scuffs, or signs of use.
   2. Good: the item has evidence of normal use, such as light scratches or scuffs, but is otherwise 100% functional.
   3. Fair: item functions perfectly but has major scratches and/or dents.
   4. Poor: the item has physical or functional issues such as cracked body, damaged display, missing or broken parts, dents, deep scratches, personalization(s), etc.

   The above definitions are broad guidelines. More specific condition definitions – catered to the category and/or type of product – are included on the website offer screen and serve as the effective condition definition for that product. Condition definitions are subject to change at Gazelle's discretion.

8. Fitness for Sale. You must own the right, title, and interest in any and all items you seek to sell to Gazelle. Such items, or the sale and shipment of such items, must not violate any applicable laws, statutes, ordinances, or regulations including export laws. You are responsible for complying with any and all such laws. Any items you seek to sell through the site using Gazelle's services: (1) shall not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), (2) 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 Gazelle service, you agree to indemnify Gazelle from all claims or losses sustained by Gazelle as a result of any breach of this warranty.
9. Releasing Rights to Product. Once you send Gazelle your product, Gazelle 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 said product.
10. Risk-Of-Loss. You remain responsible for the risk-of-loss for the products until delivery of the same to Gazelle. You are responsible for any damages that may occur to your product while in transit. Risk-of-Loss only passes to Gazelle upon Gazelle's opening of the packaging in which the Product was sent by you. If Gazelle denies your offer to purchase your product, risk-of loss will be transferred to you at point of return delivery to you by Gazelle, provided, pursuant to these terms and conditions you request the return of the product.
11. Passing of Title; All Decisions Are Final. Title of the product passes to Gazelle upon the product's acceptance following inspection at the designated Gazelle "Ship To" location. If Gazelle does not accept the product, for whatever reason, title shall not pass and shall remain with you. All decisions of acceptance or denial of your offer to use The Service or Gazelle's purchasing the Product by Gazelle are final.
12. Non-Transferable. This offer is non-transferable, not redeemable for any other consideration other than what is quoted by Gazelle, and upon your receipt of the Purchase Price, in whatever form sent, it is non-refundable. Prices offered by Gazelle are subject to, and will, change without notice; Gazelle will terminate offerings on certain Products at any time and without advanced notice.
13. Promotions. From time to time, and at Gazelle’s sole discretion, Gazelle 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, per transaction; and other limitations and restrictions. Unless otherwise stated, promotions must be applied at the point of the transaction. Gazelle reserves the right, in its sole discretion, to cancel or refuse promotions.
14. Accuracy of all Information. Gazelle makes every effort to ensure the accuracy of all information that you receive in relation to your product. In the event of typographical errors, technical inaccuracies, or product pricing errors or omissions, Gazelle reserves the right to correct the error at the point of inspection. If Gazelle corrects the error, Gazelle will provide you with the following options: (1) to proceed with the transaction based on the corrected information; or (2) to cancel your transaction, in which case Gazelle will promptly return the product back to you.
15. General Provisions:
    1. Entire Agreement/No Waiver. These Terms of Service constitute 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 Gazelle of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
    2. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Gazelle therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Gazelle does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
    3. Modification. Gazelle reserves the right to modify this Agreement at any time without giving you prior notice. Your use of The Service and following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Service were revised is set forth below. Terms and conditions modifying the Agreement are effective immediately upon posting.
    4. THESE TERMS AND CONDITIONS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH MASSACHUSETTS LAW, AND 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 BOSTON, MASSACHUSETTS, 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.

If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email webmaster@gazelle.com.

Last Update: June 9, 2009