Terms & Conditions
1. Services. By agreeing to the terms and conditions of this Agreement, you (the "Seller") hereby authorize NextWorth Solutions, Inc., a Delaware Corporation, and its authorized agents, representatives and employees (collectively, the "Company"), to purchase the goods (the "Goods") as quoted on the Customer Receipt. We will email you a Merchandise Return Label (used for free shipping) that you will need to cut out and tape to the outside of the box that you use, when you ship your item(s) to us.
Please allow us approximately ten business days, from when we inspect your item, until we initiate your payment.

****PLEASE NOTE:****
The free shipping (Merchandise Return Label) provided by Nextworth Solutions, Inc. DOES NOT include shipping insurance or shipment tracking. You are responsible for purchasing insurance and / or tracking at your
local post office or by visiting http://www.usps.gov.

We do recommend that you purchase insurance from the United States Post Office.

In accordance with the Customer Receipt, the Company will compensate the Seller in an amount equal to the trade-in quote that was provided based upon your description of the condition and contents of your order.
In order for the quote to be valid, we must receive your Goods within twenty-one (21) days from order date. If we receive the Goods later we will revalue them according to our current price list.
If your Goods do not meet your Representation of Condition, the Company, at it's sole discretion, shall have the full right to re-evaluate the value of Goods or terminate services.

2. The Seller's Representations and Warranties. The Seller represents and warrants that: (A) the Seller is not under the age of eighteen (18); (B) the Seller has all the necessary right, title, and authorization to produce and distribute the Goods and to permit the Company to offer, sell, and deliver the Goods to any third party; (C) the Goods and the rights granted under this Agreement do not infringe the proprietary rights, including, without limitation, copyrights, patents domain names, trademark rights or any other intellectual property rights, of any third party; (D) the description of the Goods is truthful, accurate and complete; (E) the Goods are not illegal items or prohibited items that may not be listed on eBay or any other online auction site. The Seller also represents and guarantees that the description of the Goods and the Goods are not: (i) false, inaccurate, or misleading; (ii) fraudulent or involve the sale of counterfeit or stolen items; (iii) in violation of any law, statute, ordinance, or regulation (including, but not limited to those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising).

3. Title and Risk of Loss. Title and risk of loss remains with the Seller until the Goods are received by the Company, at which point title and risk of loss immediately transfer to the
Company.

4. Breach. Without limiting other remedies, the Company may immediately terminate the Services, and refuse to provide future Services to the Seller if: (A) the Seller breaches this Agreement, (B) the Company is unable to verify or authenticate any information provided by the Seller, (C) the Company believes that the Seller's actions may cause financial loss or legal liability for the Seller, the Company, or any of its affiliates or customers, or (D) the Company suspects that the Seller (by conviction, settlement, insurance or escrow investigation, or otherwise) has engaged in fraudulent activity in connection with the Goods.

5. Indemnity. The Seller agrees to indemnify and hold the Company and their respective parent, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due, connected to, or arising out of the Seller's breach of this Agreement, or the Seller's violation of any law or the rights of any third party.

6. Warranty Disclaimer. The Company, its officers, managers, employees, and suppliers provide THEIR services "as is" and without any warranty, CONDITION or representation as to the Services, of any kind, express, implied or statutory. The Company, its officers, managers, employees, and suppliers specifically DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties or limitations on the duration of implied warranties, so the foregoing disclaimer may not apply to the Seller in such states. The Seller may also have other legal rights that vary from state to state.

7. Waiver of Consequential Damages. IN NO EVENT WILL THE COMPANY BE LIABLE TO SELLER FOR ANY INCIDENTAL, CONSEQUENTIAL EXEMPLARY, INDIRECT, SPECIAL, OR PUNATIVE DAMAGES arising out of this agreement or its termination, regardless of the form of action (including, but not limited to, negligence) and irrespective of whether the Company has been advised of the possibility of any such loss or damage. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the Seller in such states. The Seller may also have other legal rights that vary from state to state.

8. Liability Cap. The Company’s aggregate liability and the liability of their respective officers, managers, employees, and suppliers to the Seller or any third parties in any circumstance is limited to the greater of (A) the estimated value of the applicable Goods as stated in the NextWorth iPod Receipt, or (B) $50.

9. Release. The Seller releases the Company (and the Company’s officers, directors, agents, subsidiaries, joint ventures, employees, successors and assigns) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, resulting
from or in any way connected with the Services.

10. Term. This Agreement is made effective on the date set forth in the NextWorth Receipt and unless terminated earlier in accordance with the terms of this Agreement, the Term of this Agreement will continue until all the Services conducted by the Company for the Goods are complete in accordance with this Agreement. This Agreement may be terminated by the Company without notice for any reason or no reason, at any time.

11. Resolution of Disputes. The Seller should direct correspondence regarding any complaint to NextWorth Solutions, Inc. at CustomerService@nextworth.com. We participate in the Better Business Bureau’s Membership Identification Program. This means that we have committed to cooperating with BBB efforts to resolve disputes that may arise under this contract. Upon your request, we will agree to mutually binding arbitration of certain unresolved disputes. There are limits as to the kinds of claims that may be arbitrated. Please call the BBB for more information at 508-652-4888.

12. Survival of Certain Terms. The following Sections will survive the termination of this Agreement for any reason: 2 (The Seller’s Representations and Warranties), 3 (Title and Risk of Loss), 4 (Breach), 5 (Indemnity), 6 (Warranty Disclaimer), 7 (Waiver of Consequential Damages), 8 (Liability Cap), 9 (Release), 11 (Resolution of Disputes), 12 (Survival of Certain terms), and 13 (General). All other rights and obligations of the parties will cease upon termination of this Agreement.

13. General. The Seller and the Company agree that this Agreement will be governed in all respects by the laws of the United States of America and the Commonwealth of Massachusetts, and that both parties waive any rights to a trial by jury. All notices or requests pertaining to this Agreement will be in writing and will be sent by facsimile or recognized commercial overnight courier. Notices will be deemed received upon receipt of written continuation of transmission when sent by facsimile or signing for receipt of delivery if sent by overnight courier. Notices will be sent to the parties at the addresses set forth on the Reverse Page. The failure of either party to require performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement will be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole and in such event, such provisions will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes, and the terms of this Agreement govern, any prior or collateral agreements with respect to the subject matter hereof. This Agreement may only he changed by mutual agreement of authorized representatives of the parties in writing.


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