Terms and Conditions

1. Your acknowledgement and responsibility

   You understand that the Mail-In Recycling Program is provided by Electronic Recyclers International, Inc. (“ERI” or “Contractor”) and the terms and conditions are between You and Contractor only. You confirm that you are at least 18 years of age and of legal capacity to participate in this Program and you are the only owner of the Device.

   The information you provide will generate a UPS shipping label and you must print the label. Then, follow the packaging instructions and take your device to the nearest UPS location.

   It is Your responsibility to transfer, back up, or remove all personal data and settings (including passwords and any mobile wallet settings) from Your Device before shipping it to ERI. In addition, You must do the following:

   1. Factory-reset Your Device, unlock Your Device (including removing Your Device from any services that prevent it from being activated), and remove all SIM and memory cards and accessories from Your Device;
   2. Disconnect Your Device from Your existing wireless service plan.

   You are required to inspect your device and determine if it contains a rechargeable battery. If the device contains a rechargeable battery, the battery must remain in the device for shipment. After inspection, if you find that the battery does not function or appears to be damaged, the battery must be removed. Standalone batteries are not eligible for this program.

   By participating in the program, you:

   • represent and warrant that you have a lawful right to allow ERI to perform any services associated with the program,
   • transfer title of each device to ERI upon shipment and disclaim any further right, title or interest in and to the device or any data it contains.

   Itemized inventory lists or description of contents submitted to ERI will be considered for reference purposes only and is not to be considered a complete inventory or asset list unless agreed upon in writing by ERI upon receipt and confirmation of inventory.

   ERI and/or its subcontractors will not accept nor accept title to non-conforming material. For purposes hereof, non-conforming material means any material that is outside the scope of the recycling services (e.g., medical waste, hazardous materials, fluids).

   This service is free to qualified customers for certain devices and has no cash value.

2. Disclaimers and Waivers

   Google and Contractor are not responsible for data loss, data recovery, loss or destruction of any hardware, software, files, media, or any related damages under this Program. Google and Contractor shall not be held liable or responsible for Customer's data being irretrievable after being processed and destroyed by Google and Contractor per the terms of this Agreement. For clarification purposes, if data bearing material contains information that is valuable to Customer and Customer fails to retain a copy for its records, Google and Contractor shall not be held liable for destroying such data and recycling the material per the terms of this Agreement.

   To the extent provided by applicable law, Google and ERI hereby disclaims and excludes any and all warranties of any kind, express or implied.

   After your device has shipped, our contracted recyclers cannot return the device to you. When you participate in this program, you waive your rights and transfer title to the device.

   Our recyclers do not perform data extraction or recovery. ERI and our recyclers do not accept responsibility or liability for any lost files or data.

   You acknowledge that ERI is solely responsible for the execution of the Mail-In Recycling Program. You waive all rights and claims against Google and its respective directors, employees and agents for any loss or damages (direct or consequential) of every kind, whether known or unknown arising out of, or relating to, Your use of the Mail-In Recycling Program.

   Google and ERI are not responsible for any damage, loss, or costs incurred by You in relation to this Trade-In Program, resulting from Your act, omission, or misrepresentation in violation of the law or these Terms and Conditions or from the disclosure of your personal information to law enforcement agencies if your Device is found to be stolen or if required by law. You additionally agree to indemnify Google and ERI from and against any claims brought against either of them arising from Your breach of applicable law or these Terms and Conditions.

   Google and ERI and its affiliates, employees and agents will under no circumstances be liable for any special, indirect, incidental or consequential damages resulting from this service. ERI reserves the right to change these terms and conditions or to cancel this service at any time without notice.

3. Privacy

   Collection, use and disclosure of Your personal information are governed by ERI's privacy policy which is available at https://eridirect.com/about-us/privacy-policy/.

4. Governing Law & Dispute Resolution

   ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING CALIFORNIA'S CONFLICT OF LAWS RULES.

   You agree that any disputes regarding this Program will be resolved through binding arbitration or small claims court in Santa Clara County, California, USA instead of in courts of general jurisdiction, and that any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted. Prevailing party shall be entitled to its reasonable fees and costs, including reasonable attorney fees.

5. Miscellaneous

   Force Majeure. Neither Contractor nor Google will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.

   No Agency. These Terms and Conditions do not create any agency, partnership, or joint venture between the parties.

   Entire Agreement. To the extent permitted by applicable law, these Terms and Conditions state all terms agreed by the parties and supersede all other agreements by the parties relating to its subject matter.

   Severability. If any term (or part of a term) of these Terms and Conditions is invalid, illegal, or unenforceable, the rest of these Terms and Conditions will remain in effect.