Terms of Recycling Program

Last updated: September 4, 2023

Introduction:
Welcome to the Fix Your Surface Recycling Program (referred to as the "Program"). Your decision to participate in this Program signifies your acceptance of the following terms and conditions. It's important to note that these terms are in addition to, and not a replacement for, the Terms of Service of Fix Your Surface. Should there be any discrepancies or conflicts between the two, the provisions of these recycling terms will take precedence for matters related to the Program. We encourage you to read both sets of terms carefully to ensure a comprehensive understanding.

Eligibility:
To participate in the Program, you must represent and warrant that you are the legal owner of the device(s) being recycled and that the device(s) are free from any liens, encumbrances, and third-party rights. Devices should be free from hazardous leaks and should not have extensive physical damage. Devices that are stolen, counterfeit, or subject to any third-party obligations (e.g., financing or leasing) are not eligible for the Program. By participating, you agree to indemnify and hold harmless Fix Your Surface from any claims, disputes, or legal actions arising from false representations or breaches of this eligibility requirement. Any misrepresentation regarding the ownership or status of a device may result in disqualification from the Program and potential legal action.

Data Deletion:
Before submitting your device for recycling, you must ensure that all personal data, including but not limited to photos, contacts, messages, applications, and any other sensitive information, is completely removed. By participating in the Program, you acknowledge and agree that Fix Your Surface will not be held liable for any data left on, accessed from, or any potential breaches or unauthorized use of such data from your device. It is strongly recommended that you back up and securely store any important data before recycling. Any device received with personal data may be subject to data deletion processes as determined by Fix Your Surface, without any obligation to return or recover said data. In the event of a data breach or unauthorized access to a device's data, Fix Your Surface will take appropriate measures in line with applicable laws and regulations but maintains no responsibility for any consequences arising from the initial presence of said data on the device.

Device Value:
The estimated value of the device is subject to evaluation by Fix Your Surface, considering factors such as the device's condition, age, model, and prevailing market value. This initial estimate may be provided based on the information you provide but is not binding. Devices that are damaged, have hazardous leaks, or show signs of extensive physical damage may be valued differently or deemed ineligible for the Program. Upon receiving and physically inspecting the device, Fix Your Surface reserves the right to adjust the valuation, either upwards or downwards, based on the actual condition and specifications of the device. Devices not meeting the Program's criteria may be returned or disposed of at the discretion of Fix Your Surface. By participating in the Program, you acknowledge and agree that the final determination of the device's value by Fix Your Surface is conclusive and binding. Any disagreements or disputes regarding the device's valuation must be communicated to Fix Your Surface within a specified period, failing which the valuation will be deemed accepted.

Compensation:
Should your device be assessed and determined to possess monetary value by Fix Your Surface, you will be eligible for compensation. This compensation may be provided as store credit, cash, or any other form of payment deemed appropriate by Fix Your Surface. The mode and amount of compensation will be communicated to you upon completion of the device evaluation. In cases where the device is assessed to have negligible or no monetary value, Fix Your Surface will undertake the responsibility to recycle the device in an environmentally responsible manner, without any charges or costs to you. By participating in the Program, you acknowledge and agree that the decision regarding the mode and amount of compensation by Fix Your Surface is final and not subject to dispute. Any compensation provided is in full settlement of your device's value, and you shall have no further claims against Fix Your Surface regarding the same.

Environmental Responsibility:
Fix Your Surface is dedicated to upholding the highest standards of environmental stewardship. As part of our commitment, we ensure that all devices received through the Program are processed with utmost environmental consideration. Devices that can be refurbished will be restored and repurposed, extending their lifecycle and reducing e-waste. Those that cannot be refurbished will be recycled using methods that adhere to local, national, and international environmental regulations and best practices. By participating in the Program, you are contributing to a more sustainable future and affirming that Fix Your Surface will take all necessary steps to minimize environmental impact during the recycling or repurposing process.

Limitation of Liability:

By participating in the Program, you expressly acknowledge and agree that FixYourSurface.com, its affiliates, officers, directors, employees, agents, and partners, shall not be held liable or responsible for any claims, damages, losses, or disputes arising out of or in connection with the recycled device. This includes, but is not limited to, any data remaining on the device, the assessed value of the device, or any other aspect of the recycling process. By participating in the Program, you agree to indemnify and hold harmless FixYourSurface.com from any claims, damages, or liabilities arising out of your participation.

Dispute Resolution:
Any disputes, controversies, or claims arising out of or relating to the Program, including its validity, interpretation, performance, or breach, will be referred to and finally resolved by arbitration. The arbitration will be conducted in accordance with the rules of a recognized arbitration body, as chosen by FixYourSurface.com, and will take place in the state of California. The decision of the arbitrator will be final and binding on both parties. Notwithstanding the above, FixYourSurface.com reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

Changes to the Program:
Fix Your Surface retains the discretion to make alterations to the Program, which may include modifications, suspensions, or terminations of any part or the entirety of the Program. Such changes could be implemented at any given time, based on the sole judgment of Fix Your Surface, and may not always be preceded by direct notifications to participants. By continuing your participation in the Program after any changes are made, you signify your acceptance and agreement to such changes. It is recommended that participants periodically review the terms and conditions related to the Program to stay informed about any updates or modifications.

Governing Law:
These terms and conditions are governed by and construed in accordance with the laws of the state of California, without regard to its conflicts of law principles. Any disputes, claims, or controversies arising out of or related to the Program or these terms shall first attempt to be resolved amicably through direct discussions. If the parties are unable to resolve such disputes within thirty (30) days of initiating discussions, then either party may submit the dispute to binding arbitration in the state of California, in accordance with the rules of the American Arbitration Association. By participating in the Program, you expressly consent to the exclusive jurisdiction and venue of the state and federal courts located within the state of California for any actions not subject to arbitration.

Agreement to Terms:
Your participation in the Program is a clear indication of your acceptance of and agreement to these terms, as well as the Terms of Service of Fix Your Surface. It is imperative that you thoroughly read, comprehend, and concur with all stipulated terms before participating. If, for any reason, you find yourself in disagreement with any part of these terms or the overarching Terms of Service, it is strongly advised that you refrain from participating in the Program. Your continued participation will be deemed as your full acceptance and binding commitment to these terms.

Contact Information

If you have any questions or comments about these terms, our practices, or your dealings with our services, please do not hesitate to contact us: