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 email@example.com.
Last Updated: August 21, 2020
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 firstname.lastname@example.org.
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 email@example.com 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 firstname.lastname@example.org 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
Information You Provide to Us.
Providing information is purely optional on your part; however, not all features and services (such as, responding to your inquiries) would be available to you if you elect not to provide information. If you choose to provide us with personal information, you consent to the transfer and storage of that information by us.
Information We Collect Automatically.
We automatically collect information about you when you use our Services. For example, we may collect:
Information We Collect From Other Sources. For example, we may collect information about you from third parties, including but not limited to credit bureaus and publicly available sources. Additionally, if you create or log into your account through a social media site, we will have access to certain information from that site, such as your name, account information, and friends lists, in accordance with the authorization procedures determined by such social media site.
Information We Derive. We may derive information or draw inferences about you based on the information we collect. For example, we may make inferences about your location based on your IP address.
We may also use "pixel tags," which are small graphic files that 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 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 on our behalf and to provide analytics services. These companies may collect and use information about your visits to the Services and other Web sites (including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information) in order to, among other things, provide advertisements about goods and services likely to be of greater interest to you and to better understand your online activities. 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.aboutads.info/choices.
We may also work with third parties to serve ads to you as part of a customized campaign on third-party platforms (such as Facebook or Instagram). As part of these ad campaigns, we or third-party platforms may convert information about you, such as your email address and phone number, into a unique value that can be matched with a user account on these platforms to allow us to learn about your interests and to serve you advertising that is customized to your interests. Note that the third-party platforms may offer you choices about whether you see these types of customized ads.
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 may also share aggregated or de-identified information that cannot reasonably be used by third parties to identify you.
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.
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 knowingly collect or maintain information from users under 13, and no part of the Gazelle Services are targeted to attract anyone under 13.
Consumers residing in California are afforded certain additional rights with respect to their personal information under the California Consumer Privacy Act (California Civil Code Section 1798.100 et seq. ("CCPA"). If you are a California resident, this section applies to you.
Collection of Personal Information. In the last 12 months, we collected the following categories of personal information: identifiers (such as name, contact information, and government-issued identification number), commercial information (such as time, date and location of a transaction), location information, internet or other electronic network activity information (such as browsing behavior), demographic information (such as data gathered from credit bureaus), audio, electronic, visual or similar information (such as customer support calls), and inferences we make. For more details about the personal information we collect, including the categories of sources, please see "Personal Information Collection " above.
Use and Disclosure of Personal Information. We collect the categories of personal information listed above for the business and commercial purposes described in "Use of Personal Information." We share this information with the categories of third parties described in "Personal Information Sharing and Disclosure" above.
Your Consumer Rights: Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories and specific pieces of personal information we collect, to delete their personal information, to opt out of any "sales" that may be occurring, and to not be discriminated against for exercising these rights. California consumers may make a rights request by calling 1-800-429-3553 or visiting this page (https://www.gazelle.com/help/send_ticket). We will verify your request by asking you to provide identifying information and information related to your recent interactions with us. If you would like to use an authorized agent registered with the California Secretary of State to exercise your rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests on your behalf. We will not discriminate against you if you exercise your rights under the CCPA.
If you have questions, concerns or suggestions, please feel free to send an email to email@example.com.
Last Update: August 21, 2020