IMPORTANT: TURNING IN YOUR TRADE-IN DEVICE

In order to complete a trade-in transaction, the customer must return their device to Phobio, or it doesn't meet the eligibility requirements.

Trade in terms and conditions are subject to be updated

These are the terms that govern the Motorola Trade-In Program (“Program”).

These Terms constitute an agreement between Motorola Mobility LLC (Motorola,” “us”, or “we”) and you (“You” or “you”). Please read these Terms before participating in the Trade-In Program. All trade ins or potential trade ins are subject to these Terms and by participating in the Program, you accept these Terms in their entirety, including that we may update or change these Terms and/or the Program from time to time. This Program is only intended for and available to residents of the United States.  You understand that Motorola is using a third-party partner, Phobio, LLC, to assist with this Program and that communications, feedback, and other Program details may be distributed by Phobio, LLC (“Phobio”).  As used herein, “Motorola,” “us”, and “we” refer to Motorola Mobility LLC and Phobio collectively.

HOW IT WORKS

Overview: The Program is only available to individuals that reside in the 50 United States or the District of Columbia.  The Program is not available outside the 50 United States and the District of Columbia and is void where prohibited.

This Program allows you to trade in a smartphone device (“Device”) in exchange for a Motorola credit to be used towards the purchase of an eligible Motorola product that is available at www.motorola.com (“New Device”).

We may offer limited time trade-in promotions (“Promotions”) with terms and eligibility requirements that may differ from those described here. Please refer to our website for any Promotions and their corresponding terms.

Eligible Device:  A Device must meet all of the requirements stated in these Terms, including all requirements listed in this section in order to be eligible for the Program (collectively, “Device Eligibility Requirements”).  A Device that complies with the Device Eligibility Requirements and other conditions we set shall be an “Eligible Device” that is eligible for a trade in. Device Eligibility Requirements are subject to change, we reserve the right to change any Device Eligibility Requirements or any other eligibility conditions, at any time, without notice.

Device Eligibility Requirements:

• The Device must be a smartphone;
• The Device model must be listed on the Program website, in the drop down menu, as an eligible Device model;
• The Device cannot appear on any type of banned or black list of any kind;
• The Device must not have been reported as stolen or lost;
• The Device must not have been purchased with government funds;
• The Device must not be government property or owned by any government agency;
• The Device must completely power on, receive and hold a full charge, and not unexpectedly power off;
• The Device must have a functioning display with no black spots or pixilation of any kind;
• The Device cannot have any significant screen cracks or breaks, unless such screen cracks and breaks are fully and accurately disclosed during the Program registration process;
• The Device must not have any defects including, but not limited to: scratches, dents, dings, any evidence of water damage, and/or corroded charging port, SIM, or battery terminal contacts;
• You must be sole, outright owner of the Device;
• The Device must not be leased and will not be eligible until and unless you fully purchase the Device from your service provider; and
• The Device must have any restoration locks, reset protections, or other anti-theft locking software disabled.

All determinations of whether a Device complies with the Device Eligibility Requirements shall be determined in Motorola’s sole discretion. You represent that your Device complies with the Device Eligibility Requirements. Only devices that comply with the Device Eligibility Requirements shall be deemed Eligible Devices. No trade in value is offered on anything other than Eligible Devices themselves.

How to Participate in the Program and trade in a Device:

• 1.               Complete the Program registration/application process. Visit www.motorola.com, shop and choose the New Product. On the New Product’s product page, click on the “Trade-In” banner, and a new pop-up window will be deployed. Then, fill out all of the information about your trade-in Device (brand, model, and condition) and click “Submit or Add to Cart”. We will display the value of your Device, based on the information you provided (“Trade-In Value”). Trade-In Values are determined by Motorola in its sole discretion and will vary depending on the time of purchase. We are not responsible for any change or decrease in a Trade-In Value. To complete the Program registration/participation, click on “Add to Cart” on the New Product. The Trade-In Value will then show as a discount to the New Product’s price. Finally, go to the checkout page, complete all information requested, provide a payment method, and check out for the New Device. In order to keep eligibility to maintain your offered Trade-In Value, (subject to conditions set forth herein), you must clear your Device and send it to us within 21 days. Once you send us your Device, you acknowledge and agree that the trade-in transaction is final, and you cannot cancel or rescind your participation in this Program. After you complete the registration process and pay for the New Device, we will start processing the New Device order. The New Device will be shipped once the order is processed, so long as the New Device is not subject to any backorders or delays. You understand that if the value of the Device (as set forth by the Trade-In Value) is higher than the net value of the New Product, the price difference will not be transferred back to you. You are accepting to lose the price difference in such situation and cannot request it in the future. Trade-In Value is only available on Eligible Devices. There is no ability to participate in the Program or trade in a device unless you do so in connection with the purchase of a New Device. Trade-In Values cannot be stored, saved, banked, or otherwise kept for future purchases. Limit: One (1) Device trade in for each purchase you make under this Program. Each household may only have four (4) outstanding Devices for the Program at any given time. If you try to purchase any New Products when you already have four Devices outstanding with the Program, the additional purchase will be placed on hold until one of the purchases/trade ins in processed, at which time we will start process on the next place purchase/registration. If you purchased your Device under an equipment installment plan or other financing plan or if you entered into a two-year service contract with your wireless service provider, you will be responsible for any and all remaining payments under such plan or contract, including any contract termination fees.
• 2.               Clear the Device Before you send us your Device, you are responsible for clearing your Device’s data, including all personal and confidential information, photos, videos, passwords, etc. You must also disable factory reset protection and any activation locks by removing Google, iCloud, or other personal cloud backup and restore accounts. To remove all data and disable factory resent protection, visit the Device’s manual for details on how to run a factory reset on the Device. Once you return the Device to its factory settings, you will no longer have any access to any data or information previously stored or available on the Device. Please make sure to back-up or save any files or data that you have on the Device before you complete the factory reset; we will not be responsible for the loss of such information and it will not be recoverable once the factory reset is complete.
• 3.               Send us the Device After you complete the Program registration process, we will send you a kit to the address you provide so that you can return/send your Device to Phobio. Only send the Device and any pen or stylus, if applicable; do not send any Device accessories or other items (for example, SIM cards, watch straps, covers, or chargers). Device accessories will not be returned. The return kit will include step by step instructions on how to return the Device and a prepaid shipping label that allows you to send the Device to us. We are not responsible if you do not receive the return kit for any reason, including if you entered incorrect information or details during the registration process. Unless we have specified a different time period in connection with a Promotion, you must follow all instructions that we provide in the kit and you must ship your Device back to us within twenty-one (21) days after you completed the Program’s registration process. If we do not receive your Device within 21 days of the date you registered for the Program, you may not be eligible for the Program, and you will not receive the credit for the transaction / traded device. We are not responsible if your Device is not being shipped within the timeframe allotted, regardless of the reason. You must use the provided prepaid shipping label and authorized shipping provider; no alternate shipping is available or allowed in connection with this Program. If you lose or discard the shipping label, please call the contact number provided in the instructions sent to you. Please retain your shipping receipt and tracking number. By shipping the Device to us, you are agreeing to transfer all title, rights, and ownership of the Device to us in exchange for the offered Trade-In Value and you disclaim any future or further right or interest in or to the Device.

Our assessment of Eligible Device/Change to Trade-In Value

The Trade-In Value we present at point of Program registration is subject to change and shall be determined by Motorola in its sole discretion. After we receive the Device, we will and review it for compliance with these Terms and any other conditions or restrictions. We will also inspect the Device to confirm that all details you provided during registration match the actual model and condition of the Device.

If The Device we receive matches all of the details you provided during registration; the reported condition is accurate; we receive the Device within the timeframe allotted; and the Device is otherwise an Eligible Device, then the Trade-In Value will be finalized, your trade in is complete, and the credit (trade-in value) will be sent to you.

If the Device we receive does not match the details you provided during registration; the condition you report during registration does not accurately match the condition of the Device we receive; if the Device is received outside the timeframe allotted; or the Device is otherwise not deemed an Eligible Device, then we will send you an email alerting you that either: (i) we have revised the amount of the Device’s Trade-In Value or (ii) that we have rejected your Device and it is not eligible for the Program.

If we revise the amount of the Trade-In Value of your Device, the email will provide you with an updated Trade-In Value (the “Updated Trade-In Value”). You can either accept or decline the Updated Trade-In Value by following the link in the email to the Program status page. The page may provide details on inspection documentation, descriptions, and photos, but we make no guarantee that we will provide such documentation. If we provide such information, it is for informational purposes only.

If you reject the Updated Trade-In Value, you will have the option to either have the Device returned to you or recycled in the same process described in the “WHAT IF MY DEVICE IS NOT ACCEPTED?” section below.

If you accept the Updated Trade-In Value within 14 days, the Updated Trade-In will be secured and your trade in is completed. We will then credit you for the reduced updated Trade-In Value, which is the original value minus the difference between the original Trade-In Value and the Updated Trade-In Value.

An accepted Updated Trade-In Value shall also be included as the defined “Trade-In Value..”

We will hold the Device with the Updated Trade-In Value valid for 14 days from the date you receive the return kit from Phobio. If you do not respond within 14 days, the Updated Trade-In Value will be automatically rejected, and we will send such Device back to you. At which point you will lose the opportunity to receive any trade-in credit.

Please allow at least one month from receipt of Device for confirmation of trade in or notice of a change to the Trade-In Value/Device eligibility. The Trade-In Value offered by Motorola is nontransferable and shall be determined by Motorola in its sole discretion.

WHAT IF WE DO NOT RECEIVE YOUR DEVICE? Or WHAT IF MY DEVICE IS NOT ACCEPTED?

If we do not receive your Device within the timeframe allotted, then you will lose the opportunity to receive any credit for the full amount of the Trade-In Value that was informed during your purchase of the New Product. Regardless of what Trade-In Value was listed during your registration.

If your trade in Device is materially damaged, does not match the device you described on the trade-in quote, does not comply with the Device Eligibility Requirements, or is otherwise not accepted by us, all as determined in our sole discretion (a “Ineligible Device”), it will be not be eligible for the Program. Once we determine that your Device is an Ineligible Device, we will email you at the email address provided during Program registration and will offer to return your Ineligible Device or recycle the Ineligible Device. You must indicate your preference by replying to Phobio the emails or calls within 14 days, or we will elect to either recycle the Ineligible Device or return the Ineligible Device, all as determined in our sole discretion. We will not be responsible to you for any such decision. Once we determine that you sent an Ineligible Device, we will NOT credit you the full amount of the Trade-In Value listed during the registration and purchase process, plus any applicable taxes and fees.

If you request that your Ineligible Device be returned:

• Once you request that we return your Ineligible Device, you cannot cancel such request.
• We will only return Ineligible Devices to the mailing address provided during Program registration; no other address will be accepted.
• ·       Signature will be required for carrier’s delivery of the Ineligible Device.
• §  If your signature cannot be obtained for any reason and the carrier is unable to complete the delivery, we shall not make (and are not responsible for making) any further attempts to return such Ineligible Device and the Ineligible Device will be recycled, in our sole discretion.
• Remember: The Ineligible Device will not contain any data, content, information, etc. and you will have lost all such content/data on such device.

For clarity, if your Device does not meet all of the requirements set forth herein, then Motorola will not provide you any Trade-In Value, regardless of what Trade-In Value was listed during your registration.

NEW MOTOROLA PRODUCT

You may return the New Product, subject to our standard Return policy, available at https://motorola-global-portal.custhelp.com/. As set forth in such policy, if we owe you a refund for such return, we will credit you using the same payment method you used to complete such order. If you return your New Product in accordance with Motorola’s return policy, under no circumstances will you receive any extra discount, refund, or other value for the part corresponding to the Trade-In Value that was already credited from the purchase price of your New Product (if you have already shipped your Device to us, it was accepted and already credited).

Only certain Motorola products and models are available in connection with this Program, such list is subject to change at any time and are determined by the time you place your order. Please see the Program website for a list of available New Products.

OTHER PROGRAM TERMS

Motorola reserves the right (at any time) to change, cancel, or otherwise revise any part of this Program or these Terms; this includes the right to terminate or end the Program, with or without notice to you.

You may incur additional charges for the New Product or if your Device fails to meet all of the Device Eligibility Requirements, or if you otherwise do not comply with these Terms.

If we believe that you are engaging or encouraging fraudulent or illegal behavior or actions that otherwise do not comply with these Terms (all as determined in our sole discretion), we reserve the right to disqualify you from the Program or otherwise prohibit you from trading in any Device. We reserve the right to takes steps they believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to our right to cooperate with any legal process relating to your use of the Program, and/or a third-party claim that your Device is unlawful and/or infringes such third party’s rights). You agree that we have the right, without any liability to you, to disclose any Device registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms.

To the extent permitted by applicable law, you agree to indemnify and hold Motorola, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees, and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to or arising out of your use, participation, or attending participation in the Program, violation of these Terms, and/or the transfer of the Device to us, including without limitation, the removal or non-removal of any data or files on the Device and the value assessment provided.

These Terms constitute the entire agreement between you and Motorola regarding the Program, superseding any prior agreements between you and Motorola relating to the Program. If any provision of these Terms is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms. The failure of Motorola to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. You will also be subject to additional terms and conditions that may apply when you use purchase products or services, use of the Motorola website, etc. Additionally, your participation in the Trade-In Program is subject to Phobio’s terms, which are set forth at https://www.phobio.com/trade-terms-and-conditions.

Motorola’s collection and use of personally identifiable information about you in connection with this Program is subject to our Privacy Statement found at www.motorola.com/us/legal/privacy-policy.