Welcome! You may use the website, services, content, technologies and applications of
GizmoJungle.com (the “Website”) only on the condition that you abide by the following terms.
BY USING THE WEBSITE AND/OR BY REGISTERING TO OPEN AN ACCOUNT WITH
US, YOU SIGNIFY YOUR AGREEMENT TO THE FOLLOWING TERMS (“SITE TERMS”).
1. About The Site Terms
The Website is a service made available by Gizmo Jungle, LLC (doing business as GizmoJungle)
and its parent, subsidiaries and affiliates (“GizmoJungle,” “we” or “us”). The Site Terms have the
same effect as an agreement in writing and govern your use of the Website. If you do not agree to
the Site Terms, please do not use the Website. We may modify the Site Terms at any time. If you
do not agree to the changes, you may discontinue using GizmoJungle before the changes take
effect. Your continued use of GizmoJungle after any such changes take effect constitutes your
acceptance to such changes. Each time you visit or log into the Website, you reaffirm your
acceptance of the Site Terms. You are responsible for regularly reviewing the Site Terms, by
clicking on the “Legal” link at www.GizmoJungle.com. The Site Terms may be supplemented by
additional terms and conditions applicable to specific areas of this Website, or to particular content
or transactions are posted in particular areas of the site, which, together with these Site Terms,
govern your use of those areas, content, or transactions.
2. About the Website
The Website gives users the ability to buy or donate certain consumer electronic devices such as
mobile phones, laptops, tablets (collectively, the “Product”) subject to these Site Terms. You agree
that all transactions will be performed electronically and that the terms of any offer to donate any
Product will be governed by GizmoJungle’s Terms of Sale Agreement located at
https://www.GizmoJungle.com/service_terms. We may, in our sole discretion, change or
discontinue any or all aspects of the Website at any time, without notice, and without liability to
Registration is not required to visit the Website; however, you will need to register with us and
create an account if you desire to use all of the Website’s services and features or to complete a
transaction with us. If you register to open an account, you agree to provide accurate, complete
registration information. You must be legally capable to enter into contracts. It is your
responsibility to make any updates to that information. Each registration is for a single person
only, unless specifically designated otherwise on the registration page. We do not permit any other
person using the registered sections under your name and you agree not to share your account
credentials with others. If you believe there has been unauthorized use of your account, notify
GizmoJungle immediately by emailing info@GizmoJungle.com.
The Website contains information, content or advertisements text, photographs, designs, graphics,
images, sound and video recordings, animation and other materials and effects (collectively, the
“Content”) that are protected by copyrights, trademarks, service marks, trade dress, patents or other
intellectual or proprietary rights owned by GizmoJungle or other third parties. All trademarks and
copyrighted information contained on the Website are the property of their respective owners.
Further, GizmoJungle retains all rights (including intellectual property rights), title and interest in
the Website, technology, and all underlying technology and data including any enhancements,
software, applications and improvements related to the Website (the “Technology”)(the terms
Content and Technology collectively will be referred to as the “Materials”). You may not remove
from any electronic or printed copy any copyright, trademark, or other proprietary notice.
5. Use of Website and Materials
GizmoJungle provides the Website and the Materials for your individual, non-commercial use and
solely for the purpose of carrying out individual transactions with the Website. Any other use of
the Website or the Materials is strictly prohibited. You may not, either directly or indirectly:
• Modify, republish, redistribute, delete, resell, sublicense, publicly perform, cache by
proxy the Website or Materials without the express written permission of GizmoJungle or
the applicable rights holder;
• Use the Materials for telemarketing, direct marketing, and commercial mass e-mail or by
agents or representatives or e-mail spammers;
• Reverse engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan,
sell, sublicense or transfer the underlying source code or structure or sequence of the
Technology or delete or alter author attributes or copyright notices;
• Use any network monitoring or discovery software to determine the site architecture, or
extract information about usage or users;
• Reformat or frame any portion of the Website or Materials;
• Use any device, software or routine that interferes with the proper working of the
Website, or otherwise attempt to interfere with the proper working of the Website;
• Allow others to use the Website under or through your account login ID/email and
• Take any action that imposes, or may impose in our sole discretion an unreasonable or
disproportionately large load on our infrastructure;
• Violate the Site Terms, applicable law or the rights of others; or Disrupt or interfere with
the security of, or otherwise cause harm to, the Website.
Any permitted use of the Website does not extend to using the Website or Materials for any illegal
purpose, or to transmit to or through the Website or to or through any service any illegal, harmful,
threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any
kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the
Website or Materials.
Without limiting other remedies, we may limit, suspend, or terminate our service and user
accounts, prohibit access to our website, remove hosted content, and take technical and legal steps
to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or
acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel
By using the Website, uploading content to or submitting any materials for use on the Website,
you grant (or warrant that the owner of such rights has expressly granted GizmoJungle a perpetual,
royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from and distribute such materials and/or information generated
through use of the Website or incorporate such materials and/or information generated through use
of the Website into any form, medium, or technology now known or later developed throughout
the universe. We need these rights to host and display your content.
7. Automated Activity
The Website may use robot exclusion methods, which include robots.txt files and HTML meta
tags, that expressly allow and/or exclude specified automated programs from accessing certain
portions of the Website. Much of the information on the Website is updated on a real time basis
and is proprietary or is licensed to GizmoJungle by our users or third parties. You agree that you
will not use any robot, spider, scraper or other automated means to access the Website for any
purpose, including but not limited to performing “offline” searches and mirroring, without our
express written permission as indicated in the then current robots.txt file or HTML meta tags on
the Website. Additionally, you agree that you will not bypass our robot exclusion methods or other
measures we may use to prevent or restrict access to the Website.
You may provide links only to the homepage of this Website, provided (a) you do not remove or
obscure, by framing or otherwise, any portion of the homepage, (b) you give GizmoJungle notice
of such link by sending an e-mail to info@GizmoJungle.com and (c) you discontinue providing
links to this Website if requested by GizmoJungle. If you wish to provide links to a section within
the Website, you should forward your request to GizmoJungle at info@GizmoJungle.com and
GizmoJungle will notify you if, within its sole and unfettered discretion, permission is granted,
and, if so, the terms and conditions of the permission.
You represent and warrant to us that (a) you are legally capable to enter into contracts, (b) you are
providing us at all times true, accurate and up to date information about yourself, (c) you will
comply at all times with the Site Terms and applicable law and (d) your use of the Website and
any transactions that you make with us will not violate the rights of any third party. You further
represent and warrant that the device you intend to donate is rightfully owned by you free and clear
of all liens and/or encumbrances.
GizmoJungle makes every effort to ensure the information presented in, on or through its Website
is accurate, however, because GizmoJungle communicates information provided and created by
advertisers, software developers, publishers, marketing agents, resellers and other third parties,
GizmoJungle has no control over the accuracy of such information, and makes no guarantee as to
such information, and is not responsible for the information, including its accuracy, currency,
content, quality, copyright compliance or legality, or any resulting loss or damage.
11. Warranty and Liability
GizmoJungle makes no representations regarding the availability and performance of its Website.
You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at
your sole risk.
THE WEBSITE AND MATERIALS ARE PROVIDED BY GIZMOJUNGLE ON AN “AS IS”
BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF
ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GIZMOJUNGLE EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED
CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY
LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR
STATUTORY WARRANTIES. WE MAKE NO REPRESENTATIONS THAT THE WEBSITE
OR MATERIALS WILL MEET YOUR REQUIREMENTS AND WE DO NOT GUARANTEE
THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL
ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
GIZMOJUNGLE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,
DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE “GIZMOJUNGLE
PARTIES”) BE LIABLE FOR ANY COMPENSATORY, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT,
LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD
PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS
REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER
BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GIZMOJUNGLE AND THE
GIZMOJUNGLE PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES
WHATSOEVER RESULTING FROM ANY EVENTS BEYOND OUR REASONABLE
CONTROL, INCLUDING BUT NOT LIMITED TO, FAILURE OF THE INTERNET OR ANY
VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF
PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD,
COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM
AGGREGATE LIABILITY OF GIZMOJUNGLE AND THE GIZMOJUNGLE PARTIES
(JOINTLY) ARISING OUT OF OR RELATING TO THESE SITE TERMS OR YOUR USE OF
THE WEBSITE EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU
TO US OR (II) $100. THE LIMITATIONS SET FORTH IN THESE SITE TERMS WILL NOT
LIMIT OR EXCLUDE LIABILITY FOR OUR GROSS NEGLIGENCE, FRAUD, OR
INTENTIONAL, MALICIOUS OR RECKLESS MISCONDUCT, OR FOR PERSONAL
INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE
THROUGH THE WEBSITE.
You agree to indemnify, defend, and hold harmless GizmoJungle and the GizmoJungle Parties
from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including
reasonable attorneys’ fees) that such parties may incur as a result of or arising from your violation
or breach of any representation or obligation under these Site Terms. We reserve the right to
assume the exclusive defense and control of any matter otherwise subject to indemnification by
you and, in such case, you agree to cooperate with our defense of such claim.
information about you.
14. Electronic Notices and Transactions
You agree to transact with us electronically. This means you agree to accept and terms and
conditions and to transact any sale, donation or recycling of your Product with us by electronic
means. You authorize us to send you important notices about the Website and any pending
transactions to an email address you provide to us, if you are a registered account holder or, in the
alternative, by posting a notice on the Website. It is your duty to keep your email address up to
date and to maintain a valid email address and to ensure that emails we send you are not filtered
or stopped by spam filters or other types of email blocking functionalities. If you no longer desire
to transact electronically with us, you may no longer use the Website. You can retrieve and review
these Site Terms at any time by visiting https://www.GizmoJungle.com/legal.
You are responsible for obtaining at your own expense all equipment and services needed to access
and use the Website, including all devices, Internet browsers and Internet access. If you access the
Website or a Website application through a mobile or wireless device, you are responsible for all
fees that your carrier may charge you for data, text messaging and other wireless access or
16. Notice Regarding Technology
Our Technology, including any software or applications we provide to you, is a “commercial item,”
as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and
“commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212.
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S.
Government end users acquire the software with only those rights set forth herein.
Your use of the Website must comply with all applicable laws in the territory in which you access
and use the Website, including without limitation, all import and export control laws and
regulations of the United States and other countries. You must not transfer, by electronic
transmission or otherwise, any content, data, or software subject to restrictions under such laws to
a national destination, person, or entity or for an end-use prohibited under those laws without first
obtaining and complying with government authorization. You must not upload any data or
software to the Website that cannot be exported without prior written government authorization
and notification, including, but not limited to, certain types of encryption software.
GizmoJungle reserves the right to investigate complaints or reported violations of the Site Terms
and to take any action GizmoJungle deems appropriate including but not limited to reporting any
suspected unlawful activity to law enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such persons or entities relating to user
profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
GizmoJungle reserves the right to seek all remedies available at law and in equity for violations of
these Site Terms, including but not limited to the right to block access from a particular Internet
address to any GizmoJungle website. These Site Terms incorporate by reference any agreements
contained on the Website and constitutes the entire agreement with respect to access to and use of
the Website. If any provision of these Site Terms is unlawful, void or unenforceable then that
provision shall be deemed severable from the remaining provisions and shall not affect their
validity and enforceability. THESE SITE TERMS SHALL BE GOVERNED BY AND
CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF
TEXAS, U.S.A., WITHOUT REGARD TO CONFLICT OF LAW RULES OR PRINCIPLES
THAT WOULD CAUSE THE APPLICATION OF LAWS OF ANY OTHER JURISDICTION.
YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL
JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN
DALLAS COUNTY, TEXAS USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE
ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS. The obligations in Sections
above shall survive termination of these Site Terms.