By using any services, content, or technology provided by GadgetPickup, registering an account with www.GadgetPickup.com, or accessing the website www.GadgetPickup.com (the “Website”), you expressly agree to be bound by these Terms of Service (“Terms”).
- Terms of Service. The website www.gadgetpickup.com (“Website”) is operated by GadgetPickup.com LLC and its affiliates (“GadgetPickup,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of the Website and our services, with the same legal effect as a written contract. If you don’t agree to the Terms, you cannot use the Website or its services. We may update the Terms at any time without prior notification. Continued use of the Website or services after changes means you accept the updated Terms. Each Website visit or login reaffirms your agreement to the Terms. You must check the Terms regularly via the “Legal” section on www.gadgetpickup.com. Additional terms may apply to specific Website areas, content, or transactions, which, with these Terms, govern their use.
- Website Transactions, Modifications, and Intellectual Property Ownership.
The Website, www.gadgetpickup.com, enables users to sell electronic devices, including laptops, tablets, and mobile phones (“Product”), in accordance with these Terms. You agree that all transactions will be conducted electronically, and the terms of any offer to sell a Product are governed by GadgetPickup’s Terms and Conditions, accessible at the “Terms and Conditions” link on our Website. GadgetPickup reserves the right, at our sole discretion, to modify or discontinue any or all aspects of the Website at any time without prior notice or liability to you.
The Website includes content such as text, images, designs, graphics, audio, video, animations, advertisements, and other materials (“Content”) protected by copyrights, trademarks, service marks, trade dress, patents, or other intellectual or proprietary rights owned by GadgetPickup or third parties. All trademarks and copyrighted materials on the Website belong to GadgetPickup or applicable third parties. GadgetPickup retains all rights, title, and interest, including all intellectual property rights, in the Website, its underlying technology, software, applications, data, and any enhancements or improvements (“Technology”). Together, Content and Technology are referred to as “Materials.” You are prohibited from removing any copyright, trademark, or other proprietary notices from any digital or printed copies of the Website or its Materials. - Content License. By accessing www.gadgetpickup.com, uploading content, or submitting materials to the Website, you grant, or confirm that the rights owner has granted, GadgetPickup a perpetual, royalty-free, irrevocable, non-exclusive license to use, modify, reproduce, adapt, translate, create, publish derivative works from, and distribute such materials or information generated via the Website. This license applies to any form, medium, or technology, whether currently known or developed in the future, worldwide and without a time limit. This license is necessary for GadgetPickup to host, display, or utilize your content.
- User Representations and Warranties. You represent and warrant to GadgetPickup that:
- All information you provide about yourself is truthful, accurate, and up to date;
- You have the legal capacity to enter into a binding agreement;
- Your activities on www.gadgetpickup.com and transactions with GadgetPickup will not violate any third-party rights;
- You confirm that any device you offer for sale is not stolen and is legally owned by you;
- You confirm that any device you offer for sale free from any liens, locks or encumbrances;
- You will adhere to these Terms and all relevant laws.
- Restrictions on Website and Material Use. The Website, www.gadgetpickup.com, and its content, including text, images, and technology (“Materials”), are provided for your personal, non-commercial use solely to conduct individual transactions with GadgetPickup. Any other use is strictly prohibited. You may not, directly or indirectly, engage in the following actions without GadgetPickup’s express written consent or that of the relevant third-party rights holder:
- Modify, republish, redistribute, delete, resell, license, sublicense, publicly perform, or cache the Website or Materials;
- Use Materials for print, internet, telemarketing, direct marketing, mass email, or email spamming;
- Reverse engineer, decompile, disassemble, merge, copy, disclose, rent, lease, loan, sell, license, sublicense, or transfer the underlying source code, structure, or sequence of the Technology, or remove or alter ownership attributes or copyright notices;
- Use network monitoring or discovery software to analyze site architecture or extract data about usage or users;
- Reformat any part of the Website or Materials;
- Use devices or software that disrupt the Website’s functionality or attempt to interfere with its operation;
- Permit others to access the Website using your account login, email, or password;
- Take actions that, in GadgetPickup’s sole discretion, impose or threaten to impose an unreasonable or excessive burden on our infrastructure;
- Violate these Terms, applicable laws, or the rights of others;
- Disrupt or harm the Website’s security;
- Use the Website or Materials to transmit illegal, harmful, threatening, defamatory, obscene, hateful, pornographic, or otherwise objectionable content;
- Use the Website or Materials to interfere with, abuse, or violate the legal rights of third parties.
- Automated Access Restrictions. The Website, www.gadgetpickup.com, may employ automated robotic exclusion methods, such as robots.txt files and HTML meta tags, to permit or restrict specific automated programs from accessing certain areas of the Website. Much of the Website’s content, which is updated in real time, is proprietary to GadgetPickup or licensed by our users or third parties. You agree not to use any automated tools, including robots, spiders, scrapers, or similar means, to access the Website for any purpose, such as offline searches or mirroring. You further agree not to circumvent our robotic exclusion methods or other protective measures designed to safeguard the Website’s integrity and functionality.
- Website Warranty and Liability Disclaimer.
GadgetPickup does not guarantee the availability or performance of www.gadgetpickup.com. You acknowledge that using the Website and relying on its Materials is at your own risk. The Website, www.gadgetpickup.com, and its Materials are provided “as is” and “as available,” without any express, implied, statutory, or other warranties. To the maximum extent allowed by law, GadgetPickup disclaims all warranties, including those for merchantability, accuracy, fitness for a specific purpose, non-infringement, satisfactory quality, or any similar warranties under local laws. GadgetPickup does not assure that the Website or its Materials will fulfill your needs or that software, information, content, or other materials obtained through the Website will be free of malware, viruses, or other harmful components.
To the fullest extent allowed by applicable law, GadgetPickup and its directors, officers, employees, distributors, agents, or contractors (collectively, the “GadgetPickup Parties”) will not be responsible for any compensatory, incidental, indirect, consequential, or special damages, including loss of data, income, profit, or property damage, or any claims by you or third parties arising from your transactions with GadgetPickup under this agreement, regardless of the legal theory (contract, tort, negligence, warranty, or otherwise), even if we have been informed of the possibility of such damages. To the fullest extent allowed by law, the total liability of GadgetPickup and the GadgetPickup Parties, collectively, related to your access or use of our services and website shall not exceed the greater of (i) the amount you paid us, if any, or (ii) fifty dollars ($50.00). These limitations do not apply to liability for our gross negligence, fraud, or intentional, malicious, or reckless misconduct. - Account and Access Restrictions. GadgetPickup reserves the right, at our sole discretion, to restrict, suspend, or terminate services and user accounts, limit access to our website, delete hosted content, and implement technical or legal actions to block a user from the Website if we determine that the user is causing problems, posing potential legal risks, or violating our standards and policies. We also retain the right to cancel any unverified accounts.
- Information Disclaimer. GadgetPickup makes reasonable efforts to ensure the accuracy of information on www.gadgetpickup.com. However, as certain information comes from third parties, including advertisers, software developers, publishers, marketing agents, and resellers, GadgetPickup cannot guarantee or control its accuracy, relevance, quality, content, copyright compliance, or legality. GadgetPickup is not responsible for any loss or damage resulting from such information.
- Indemnification. You agree to compensate, protect, and hold harmless GadgetPickup and its directors, officers, employees, agents, distributors, and contractors (collectively, the “GadgetPickup Parties”) from any claims, liabilities, losses, damages, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your violation or failure to uphold any representation or obligation in this agreement. GadgetPickup reserves the right to take exclusive control of the defense of any matter subject to indemnification by you, and you agree to fully cooperate with our defense of such claims.
- For details on how we collect, use, and share your information, please review our Privacy Policy, available on our website.
- Electronic Transactions, Access, and Website Usage
- Electronic Communications: By using GadgetPickup’s services, you consent to conduct transactions electronically, including accepting offer terms and conditions. You authorize GadgetPickup to deliver terms, notices, and transaction-related information to your provided email address or by posting on our website. You must maintain a current and accurate email address and ensure our emails are not blocked by spam filters or other restrictions. If you no longer wish to transact electronically, you must discontinue using our services and website. This agreement is accessible via the “Terms and Conditions” link on our website.
- Equipment and Access: You are responsible for acquiring and maintaining, at your own cost, all necessary equipment and services to access our website, including devices, internet browsers, and internet connectivity. If you use a mobile or wireless device to access our website or applications, you are solely responsible for any carrier fees, such as those for data, text messaging, or other wireless services.
- Website Usage Restrictions: You agree to access our services solely through the user interface provided by GadgetPickup. You must not engage in activities that interfere with or disrupt our services or website performance, including accessing or using our website or services through scripts, web crawlers, bots, or other automated methods.
- Website Use, Legal Compliance, and Technology Notice. You must use www.gadgetpickup.com in compliance with all applicable laws of the country, state, or territory from which you access the Website, including U.S. and international import and export control laws and regulations. You may not transfer, by electronic means or otherwise, any content, data, or software subject to these laws to a restricted destination, person, entity, or end-use without prior government authorization. You are prohibited from uploading to the Website any data or software, including certain encryption software, that requires prior written government authorization or notification for export.
- The Technology provided by GadgetPickup, including any software or applications, is considered a “commercial item” as defined in 48 C.F.R. 2.101, encompassing “commercial computer software” and “commercial computer software documentation” as used in 48 C.F.R. 12.212. In accordance with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, U.S. Government end users obtain the software with only the rights specified in these Terms.
- Governing Law and Binding Arbitration. This agreement shall be governed by and interpreted according to the laws of the State of Florida, without regard to the laws of any other jurisdiction. Unless prohibited by applicable law, any dispute or claim between you and GadgetPickup arising from or related to this agreement, its alleged breach, or the relationship established herein—including issues regarding the arbitrability of such disputes, or claims that this agreement or any part thereof is invalid, illegal, voidable, or void—shall be resolved exclusively through binding arbitration. The arbitration shall be conducted under the Dispute Resolution Rules of the American Arbitration Association (AAA), before a single arbitrator mutually selected by you and GadgetPickup. You and GadgetPickup shall initially split the arbitrator’s fees and costs equally. If either party fails to pay its share promptly, the arbitrator may issue a default judgment against the non-paying party on the claims and defenses, provided that GadgetPickup may, at its discretion, advance your share of the costs to proceed with arbitration without waiving its right to recover those costs as outlined herein. The arbitrator’s decision, whether by default or after a hearing, shall be final and binding on both parties. Unless restricted by applicable law, arbitration proceedings shall take place in Oldsmar, Florida. A court in Pinellas County, Florida, with jurisdiction may enter a legal judgment based on the arbitrator’s award. The prevailing party in the arbitration shall be entitled to recover from the non-prevailing party the arbitrator’s fees and costs it advanced, as well as all reasonable attorneys’ fees and costs related to the arbitration. By agreeing to this arbitration provision, you acknowledge and consent to waiving your right to a jury trial for any matters covered by this agreement.
- Venue, Jurisdiction, and Attorneys’ Fees. You agree to submit to the personal jurisdiction of any federal or state court in Pinellas County, Florida, USA, with subject matter jurisdiction over disputes related to the breach, enforcement, or interpretation of these Terms. Any legal action, suit, or proceeding arising from or related to these Terms must be brought exclusively in Pinellas County, Florida, USA. You surrender any objections, now or in the future, to the venue of such actions or proceedings and irrevocably consent to the jurisdiction of these courts. You may not initiate or pursue any legal action except in these courts.
- In any legal action, proceeding, or dispute arising under these Terms, including claims of breach, default, or misrepresentation, whether or not litigation is filed, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs. These include fees and costs incurred before, during, or after litigation, at trial or appellate levels, and in determining or quantifying such fees and costs. Recoverable costs include, but are not limited to, investigation expenses, document copying, electronic discovery, legal research service fees, telephone and courier charges, travel expenses, information technology support, consultant or expert witness fees, court reporter and transcript fees, mediator fees, and other reasonable costs related to the dispute, whether taxable under applicable laws or guidelines or not.
- Severability. If any provision of this agreement is deemed unlawful, void, invalid, or unenforceable, that provision shall be severed from the agreement, and the remaining provisions shall remain fully binding and enforceable.
- GadgetPickup may investigate complaints or reported violations of these Terms and take any actions we consider appropriate, such as reporting suspected unlawful activities to law enforcement, regulators, or third parties, and sharing pertinent information, including user profiles, email addresses, usage history, posted content, IP addresses, and website traffic data. GadgetPickup retains the right to pursue all available legal and equitable remedies for violations of these Terms, including restricting access to www.gadgetpickup.com from specific internet addresses. These Terms, along with any additional agreements referenced on the Website, form the complete agreement governing your access to and use of the Website.
Last Updated: May 23rd, 2025
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