TERMS AND CONDITIONS
PART 1 – INTRODUCTION
We welcome you to the Gophermods website, and we welcome you to use our website, content, services, and all other applications connected with the website conditional upon your acceptance in full and without modification of these terms and conditions.
You accept that you agree to our terms and conditions by your use of/and or registration of a user account on the website.
You also accept that these website terms and conditions shall be deemed as having the same effect as an agreement put into writing.
Do not use our website and its provided services if you do not fully agree with all of the provisions of this agreement.
Whenever we change these terms and conditions by adding supplemental terms, deleting some terms, clarifying some terms, or reviewing it in any other manner, we will deem your continued use of the website as your continued acceptance of our most recent terms.
It is your responsibility to check back often for any reviews to these terms and conditions, as we will not give you a special notice anytime that we review them.
PART 2 – IMPORTANT INFORMATION ABOUT GOPHERMODS
Part 2, Section 1 – What Gophermods does
Gophermods provides a service that allows users to sell their used electronics to us at a premium price. We welcome users to describe their device (including iPhones, iPads, Macs, Galaxy, Pixel, or Apple Watch) to us through provided windows on the website.
Once we have the details, we give users a competitive quote, and upon such a user’s acceptance of our quote, we will issue a free shipping label through which the user can send us the described device within 30 days.
Once we have verified that the electronics is in the described condition, we issue payment to the user’s provided bank account through PayPal, Bank Transfer, or a standard check.
Part 2, Section 2 – Intellectual property and copyrights
We have provided all content that we feature on, display on, or make available through, the website including without limitation any moving images, code, illustrations, video, sounds, images, photographs, information, communications, text, graphics, and all other materials.
Alternatively, the content is owned by our parent, associates, content providers, or licensors.
All provided content are completely protected by trademark, copyright, and other applicable laws and international copyright laws. You are not allowed to use any of this content in a way not allowed by us in a written consent. We may bring a civil or criminal suit against any violator of our copyright, and violators may be subject to legal consequences.
You also accept that all logos, icons, trade names, trade dress, service marks, and trademarks on the website are the property of Gophermods, its parent, its associates, individual licensors, or other third parties.
You are not allowed to transmit, distribute, reproduce, republish, copy, or modify the trademarks found on this website without Gophermods’s prior written consent. The use of any of our trademarks, without the written permission of Gophermods, is prohibited.
Part 2, Section 3 – International use
We do not give any warranty or guarantee that our provided service is applicable or available for use in any country outside of the United States.
Users who use our website from jurisdictions both within and outside of the United States do so at their personal risk and are fully answerable and responsible for compliance with all relevant jurisdictional laws.
PART 3 – USING THE SERVICES
Part 3, Section 1 – Account registration
It is not compulsory for visitors to the website to register a user account before they can view our services or browse through our website.
It is, however, a requirement for all users who want to use our provided services to complete a transaction with us to register a Gophermods user account.
To register an account, we will ask you to provide information such as your name, phone number, email address, physical address, and any other information that we deem to be relevant. You accept that you will only provide us with complete, true, and honest information and that you will update your information as it changes.
You accept that you are at least 18 years of age or older to use our services, as we do not enter into legally binding contracts with minors.
You also accept that you will use your registered account for your personal use only and that you will not share your account details with a third party or permit another person to use your account. If you suspect an unauthorized use of your account, you must immediately contact us to inform us.
You will be held responsible for all transactions that occur under your account name, whether this was authorized by you or not.
Part 3, Section 2 – Your representations
You make the following representations in your use of this website and our services:
That you are at least 18 years of age;
That you have the legal capacity to enter into and be bound by contracts;
That you have provided only current, honest, and factual information about yourself;
That you will always obey and adhere to all of our terms and conditions;
That your use of our service and any transaction that you enter into with us will not violate the rights of any third party; and
That the device you are offering to sell to Gophermods is rightfully owned by you and that such a device is fully owned by you and free of all encumbrances and/or liens.
Part 3, Section 3 – How to sell your device
Selling your device to us can be done in three easy steps.
Step 1: Get an offer from us by finding your device on our website. Select its condition, and accept our instant offer.
Step 2: Print or request a pre-paid shipping label. Mail your device to us using our free and trackable labels. Visit a local Gophermods location in Minneapolis, MN.
Step 3: Get paid instantly upon completion of inspection or get a check sent right to your order.
Part 3, Section 4 – User-provided content
Any remarks, inquiry, know-how, procedure, recommendation, idea, material, thought, information and other communications that you post on the website or that you transmit to the website will be considered by us as non-confidential, non-personal, and non-proprietary, and you accept that we may use such user-provided content for any reason and for any purpose, including for non-profit and commercial making purposes.
We may use your user-provided content in whatever context or in whatever media, whether now known or to be developed in the future, as we may decide, in our sole discretion, without the requirement of compensating you or recognizing you as the source of the content.
This may include without limitation for the innovation, creation, or promotion of services and products for commercial purposes.
Part 3, Section 5 – Acceptable use of the website
You are not allowed to obtain, or attempt to obtain access to certain areas of the Gophermods website that are off-limits to users;
You may not attempt to evade any security measures that we have put on the website, or encourage others to do so;
You are not allowed to hinder or restrict other users from using the website;
You may not use any unauthorized automated means to access the website, or any user account or computer device connected to the website.
You may not send false, misleading or inaccurate information to Gophermods;
You are not allowed to download, transfer or store copies of streamed content;
You may not make available any content or act in a manner that creates the risk of harm, injury, death, disability, disfigurement, emotional distress, or physical injury to yourself or any other person;
You are not allowed to deliberately post any content or act in a manner to distribute spywares, malwares, viruses, or other injurious code or content to the website;
You may not take any action that, in our sole discretion, imposes an excessively large load on Gophermods’s technology infrastructure;
You are not allowed to use the website to spam other users or to send them unsolicited communications such as chain letters and pyramid schemes;
Do not intentionally impair the website by overburdening it with requests or attempt to disrupt or harm the Gophermods website or its systems;
You are not to deliberately post any incorrect or out of date content;
You are not to deliberately post any content or act in a manner that solicits business for third party products or services other than the services that Gophermods offers and markets on Gophermods.com;
You are not allowed to post any content or act in a manner that inspires or encourages criminal offenses and conduct;
You may not provide any content that you have no right to make available due to fiduciary duty, contract, or operation of law;
You are not allowed to upload any content or act in a manner that makes available any information, or behavior that we deem as ethnically or racially offensive, defamatory, threatening, infringing,humiliating, distressing, harmful, slanderous, obscene, unlawful, abusive, vulgar, or invasive of personal privacy or publicity rights;
You are barred from reverse-engineering the website or its systems;
You may not forge or manipulate identifiers and headers in an attempt to hide the origin of any content that you make available on the website;
You are not allowed to impersonate any person, including, but not limited to, any Gophermods official or other users of the service; and/or
You are not allowed to make available any content that discriminates against other people due to their age, gender, sexual orientation, nationality, color, race, or religion.
If we find that you have breached any of the terms of this section, we reserve the right to hold you answerable for all accounting and legal costs arising out of your violation. We may also permanentlyterminate your use of the website.
Part 3, Section 6 – No stolen items
As a company that is keen to protect its reputation, we do not purchase items that have been reported as stolen or lost. To protect ourselves, we use a state-of-the-art system that allows us to access information from insurance companies, law enforcement, and carriers to identify stolen or lost devices and items.
You also accept that we will assist law enforcement in the investigation of any stolen item. To do this, it is our policy to record the electronic serial number for all items that we procure, as this makes it easy for us to provide law enforcement with a proper trail for any items under investigation.
Where we deem it necessary, we may require you to contractually confirm that the item you are offering for sale is indeed yours to sell and that it has not been reported as stolen or lost.
PART 4 – DISCLAIMERS AND LIMITATION OF LIABILITY
We provide the website and all materials that we make available through it on an ‘as is’ and ‘as available’ basis, without any representation or warranty of any kind, whether statutory, implied, express, or otherwise.
Gophermods fully disclaims any express or implied warranties, which includes but is not constrained to the warranties of acceptance, satisfactory quality, non-infringement, fitness for a particular purpose, accuracy, or merchantability.
We are not in any way guaranteeing or representing that the materials found on the website or the website itself will be as per your requirement or be to your satisfaction. We are also not guaranteeing or representing that the website is virus-free or free of other harmful components.
While we have made all efforts to ensure that any information that we provide on the website are accurate and gotten from reputable resellers, marketing agents, publishers, software developers, and advertisers, you accept that we have no control over the correctness of such information, that we do not guarantee such materials or information, and that we are in no way responsible for any provided information, including its legality, copyright compliance, quality, content, currency, or accuracy, or any resulting damage or loss.
You accept that you use the website and rely on any information and materials that we make available at your own risk.
To the greatest degree allowable by relevant law, under no circumstances will Gophermods or its affiliates, agents, employees, officers, or directors, be answerable for any damages or hurts, including without limitation any loss of or damage to property, profit or income, loss of data, any special or consequential damages, or any other incidental, indirect, or compensatory damages, or for any claims brought by a third party, whether in respect to the materials or the website irrespective of if the legal theory is based in warranty, negligence, tort, contract, or otherwise, even if Gophermods have been informed of the likelihood of such damages.
Under no circumstances will we be responsible or answerable for any damages or losses that may result in any way from any events that are outside of our control, including but not in any way constrained to failure of performance, interruption, or delay in service or operation, any virus or internet failure, irrespective of whether this was brought on by theft, communications failure, or from an act of God.
However, the limitations set forth in these terms and conditions will not exclude or limit liability for personal injury, property damage, reckless or malicious misconduct, fraud, or gross negligence on our part.
PART 5 – OTHER IMPORTANT TERMS
Part 5, Section 1 – Hyperlinks
We may sometimes provide links to websites, services, products, software, and applications, of other companies, organizations, and businesses.
You are not to take the existence of these links as an approval of the services, products, content, procedures, and/or policies of those linked websites. All users make use of other third-party websites at their own risk.
We, therefore, recommend that you check the third-party website’s terms and conditions before using such websites.
Part 5, Section 2 – Access
You accept that it is your responsibility to obtain, at your own expense, all the services and the equipment that you need to gain access to and use the Gophermods website. You will be liable for all applicable carrier fees for text messaging, data, and other services if you access the website through a wireless or mobile device.
Part 5, Section 3 – Electronic notices and transactions
Your use of our website shall be taken as your acceptance to transact with us electronically. This means that you are agreeing that any purchase of your items shall be made electronically and that you are authorizing us to send you any important information about the Gophermods website and services to you through your provided email address.
Part 5, Section 4 – Indemnity
You consent to indemnify Gophermods, its associates, employees officers, agents, managers, and licensors, innocent from and blameless against any and all liabilities, expenses, losses, penalties, reparations, claims, and costs resulting from any breach by you of this legal agreement, or your use of the website.
Part 5, Section 5 – Severability of terms and waivers
If any condition of this agreement is found by a United States court of competent jurisdiction to be invalid, such a provision will be modified to reveal the parties’ original intent, and all residual conditions of these terms shall remain in effect and full force.
The failure of Gophermods to enforce or exercise any provision of these terms and conditions shall not be considered a waiver of such a provision.
Part 5, Section 6 – Disputes
Except where prohibited, you consent that all disputes, claims, and causes of action directly or indirectly that may arise out of your use of the website will be settled on an individual basis, and shall not be resolved in any kind of class action.
Part 5, Section 7 – Printed version
A printed version of these terms and conditions will be admissible in court or other proceedings as if they were originally generated and maintained in printed form.
Part 5, Section 8 – Investigative complaints
Where we suspect violations of this website and our services, you accept that we have the right to investigate such and take any appropriate steps, including without limitation reporting any suspicious illegal activity to regulators, law enforcement officials, or any other third party, and revealing any appropriate or necessary information including traffic information, IP addresses, posted materials, usage history, email addresses, and user profiles.
You also accept that Gophermods has the right to seek all remedies that are available in equity and at law for the breach of these terms and conditions, including without limitation the right to block access from a specific internet address to any Gophermods website.
Part 5, Section 9 – Governing law
These terms and conditions are construed in accordance with the law of the United States and shall be so governed. You consent to submit to the exclusive jurisdiction of its courts.