Website User Agreement

Welcome! You may use the website, services, content, technologies and applications of ekbuyers.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 Studio S, Inc. (doing business as Ek Buyers) and its parent, subsidiaries and affiliates (“Ek Buyers,” “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 Ek Buyers before the changes take effect. Your continued use of Ek Buyers 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.Ek Buyers.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 sell, buy or donate certain electronic devices such as mobile phones (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 sell or donate any Product will be governed by Ek Buyers’ Terms of Sale Agreement located at https://www.Ek Buyers.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 you.
3. Registration
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. 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 Ek Buyers immediately by emailing help@ekbuyers.com.
4. Ownership
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 Ek Buyers or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. Further, Ek Buyers 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
Ek Buyers 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 Ek Buyers 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 password;
  • 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 unconfirmed accounts.
6. License
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 Ek Buyers 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 Ek Buyers 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.
8. Linking
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 Ek Buyers notice of such link by sending an e-mail to help@ekbuyers.com and (c) you discontinue providing links to this Website if requested by Ek Buyers. If you wish to provide links to a section within the Website, you should forward your request to Ek Buyers at help@ekbuyers.com and Ek Buyers will notify you if, within its sole and unfettered discretion, permission is granted, and, if so, the terms and conditions of the permission.
9. Representations
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 sell is rightfully owned by you free and clear of all liens and/or encumbrances.
10. Disclaimer
Ek Buyers makes every effort to ensure the information presented in, on or through its Website is accurate, however, because Ek Buyers communicates information provided and created by advertisers, software developers, publishers, marketing agents, resellers and other third parties, Ek Buyers 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
Ek Buyers 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 EK BUYERS 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, EK BUYERS 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 HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EK BUYERS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE “EK BUYERS 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, EK BUYERS AND THE EK BUYERS 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 EK BUYERS AND THE EK BUYERS 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.
12. Indemnity
You agree to indemnify, defend, and hold harmless Ek Buyers and the Ek Buyers 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.
13. Privacy
Please refer to our Privacy Policy for information about how we collect, use and disclose 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.Ek Buyers.com/legal.
15. Access
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 communications services.
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.
17. Miscellaneous
Ek Buyers reserves the right to investigate complaints or reported violations of the Site Terms and to take any action Ek Buyers 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. Ek Buyers 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 Ek Buyers 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 MASSACHUSETTS, 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 SUFFOLK COUNTY, MASSACHUSETTS, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS. The obligations in Sections 5 through 8, 10 through 15, 17 and 18 shall survive termination of these Site Terms.

Terms of Sale Agreement

Studio S, Inc. (doing business as Ek Buyers), and its parent, subsidiaries and affiliates (“Ek Buyers,” “we,” or “us”) offers services (the “Ek Buyers Services”) through which you can (i) sell certain consumer electronic products (the “Products”) after receiving an “offer” from Ek Buyers by identifying your Product and its condition and completing check-out on the Ek Buyers Websites (each transaction, a “Trade-In”) and (ii) buy Products (each sale, a “Purchase”). You must agree to abide by the following terms in order to use the Ek Buyers Services and/or the Ek Buyers Websites.
BY SETTING UP AN ACCOUNT, OR BY USING EK BUYERS’ WEB SITES, YOU SIGNIFY THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS, WHICH MAY BE AMENDED AT ANY TIME BY POSTING THE AMENDED TERMS ON THE EK BUYERS WEBSITES. ANY AMENDED TERMS WILL BE AUTOMATICALLY EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED. Ek Buyers reserves the right to terminate or suspend your use of the Ek Buyers Websites and/or the Ek Buyers Services if you do not comply with this Agreement or any other Ek Buyers policy or procedure, or for any other reason we determine, in our sole discretion.
1. About These Terms. These terms govern (i) any offer that you receive to sell your Product to or through Ek Buyers’ Website and (ii) any Product you purchase from Ek Buyers’ Website. These terms, the terms that govern your use of Ek Buyers’ websites, including Ek Buyers.com (“Ek Buyers Websites”), the Ek Buyers Services and any and all applications included therein, which terms are located at www.Ek Buyers.com/legal, and any supplemental terms or policies that accompany a specific transaction, feature or application, collectively, make up an agreement between you and Ek Buyers (the “Agreement”). You acknowledge that this Agreement is in electronic form and has the same force and effect as an agreement in writing. In this Agreement, the term “you” or “your” means an individual or entity exercising rights under this Agreement.
2. Requirements for Trade-In and Purchase. In order to complete a Trade-In or Purchase or to complete any other transaction with Ek Buyers, you must: (i) Create an account with us (Trade-In transaction only); (ii) Provide true, up to date and accurate account information about yourself and any Product you submit to us or Purchase from us; (iii) Comply with all terms and conditions of this Agreement; (iv) Comply with all applicable laws and regulations, including all import and export laws as described in Section 15 below; (v) Transact on behalf of yourself and not on behalf of others; and (vi) Be over eighteen (18) years of age and have the legal capacity to enter into agreements and to convey title and interest in any Product that you submit to us.

In order to receive payments for any Products in connection with a Trade-In, you must provide us with information including a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, and your first and last name. In order to receive any Product you Purchase, you must provide us with information including first and last name, email address at which you receive email, phone number, billing address, and a valid postal address at which you are able to receive mail (if different from the billing address). On Ek Buyers’ behalf, PayPal will process your payment for a Purchase and you are required to provide your applicable credit card number, expiration date and CVV code (unless you are paying for the Purchase using your PayPal account). Ek Buyers will not receive or store your credit card information.

Ek Buyers shall not be responsible for communication errors should your contact information be inaccurate or incomplete. You are responsible for ensuring that you can receive emails from Ek Buyers and Ek Buyers is not responsible for any emails that were not received by you because they were blocked or filtered as spam. You understand and agree that if you fail to provide us with accurate and up to date information about yourself: (a) we will not be responsible for any misapplied Trade-In payments or Trade-In payments sent to a wrong address, and (b) any unclaimed funds may be subject to collection by governmental authorities under applicable unclaimed funds and escheat laws. You agree that we have no obligation to you if any of your unclaimed funds are turned over to governmental authorities in accordance with applicable law.

The following terms also apply to any Purchase transaction:
1. Credit Card – Your credit card will be charged by Ek Buyers when your order is placed, unless you choose to pay with your PayPal account.
2. Sales Tax – State Sales Tax will apply to all items shipped to Florida, Kentucky, Massachusetts, Washington or any other jurisdiction in which we are legally obligated to collect sales tax.
3. Shipping – Shipping is not free. Ek Buyers provides fixed, leveled prices associated with ground, expedited, and next day shipping. Shipping is provided by either FedEx or UPS.
4. Returns – Ek Buyers offers a 30-day domestic return policy which commences on the delivery date, as reported by the shipping carrier. In the event of a return, Ek Buyers will refund the full amount of the item(s) being returned minus a $15 restocking fee. If free return shipping applies to a purchase, it is only valid within the 50 United States based on the original delivery address and is provided via FedEx. The cost of any return without an RMA and without using the supplied FedEx label is your responsibility.
5. Consumables – Consumables such as batteries have a limited lifespan and may not function in a like-new manner. Please be aware that some devices require service, carrier service contracts and/or data plans in order for the Product to be fully functional. These services and plans are not included in the purchase price and are not provided by Ek Buyers unless and until separately offered and purchased.
6. Product Pricing – Ek Buyers regularly adjusts prices based on a variety of factors, including market conditions and individual Product condition, and therefore does not price match other Product sellers and does not provide price adjustments once a payment is complete. Prices for the same or similar Products may vary between the Ek Buyers Websites and third-party marketplaces like eBay or Amazon.
7. Product Availability – Products are not guaranteed to be available until the order for Purchase is accepted by Ek Buyers and confirmed on the applicable Ek Buyers Website. Notwithstanding the foregoing, Ek Buyers reserves the right to cancel any order for Purchase at any time prior to delivery of the Product for any reason.
8. Maximum Product Quantity – Ek Buyers does not permit more than three (3) Product purchases per transaction. If you are interested in purchasing a greater quantity, please contact Customer Care.
9. Partial Order Fulfillment – If an order can only be partially filled, all available Products will ship and Ek Buyers will reimburse the different to the original method of payment.
10. Technical Support – Ek Buyers does not provide any technical or other support in connection with any Product offered for sale. You are responsible for all Product use and set up.
Product Eligibility. Ek Buyers determines, in its sole discretion, which Products are eligible for purchase or sale by or through the Ek Buyers Services and Ek Buyers Websites and for which eligible Products Ek Buyers will provide an offer or sell. Ek Buyers may terminate the eligibility of certain Products at any time and without advanced notice, but such termination will not affect any Products for which you have already accepted an offer, which is good for thirty (30) days, except as set forth in Section 9 below. Ek Buyers reserves the right to cancel any Purchase and refund any applicable purchase price actually received by Ek Buyers at any time prior to delivery of the Product to You.
Condition Defined for Trade-In and Purchase. Ek Buyers uses three (3) basic Product conditions to grade Products for Trade-In, ranging from “Flawless” or “No Noticeable Flaws” to “Cracked” or “Functional or physical problems.” Conditions can vary widely between categories and types of Products. Broadly, Ek Buyers’ Product definitions are as follows: Flawless or No Noticeable flaws: the item looks like it has never been used and is 100% functional. Good or Normal wear and tear: the item has visible signs of use, but is otherwise 100% functional. Cracked or Functional or physical problems: the item does not turn on, one or more Product functions is non-operative or the item has serious physical damage that inhibits use (e.g. broken or cracked screen or missing parts). 
The above definitions are broad guidelines. More specific condition definitions specific to the category and/ or type of Product may be included on the Ek Buyers Website offer screen and serve as the effective condition definition for that product. Condition definitions are subject to change at Ek Buyers’ discretion. If you are uncertain about your Product’s condition, please seek guidance by contacting Ek Buyers’ customer care.
Fitness for Sale; Phone and Internet Service. You must have all right, title, and interest in any and all Products you seek to sell to Ek Buyers and all Products must be able to be activated for new service (unless the Product is incapable of being activated because it is in “Cracked” condition). The Products and the sale and shipment of such items to Ek Buyers: (a) must comply with all applicable laws, statutes, ordinances, including without limitation all import and export laws as described in Section 14 below, (b) may not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), and (c) shall not be counterfeit, stolen, or fraudulent. You represent and warrant that the Products are free of any liens or encumbrances, including third-party software which may not be transferred or for which royalties are due. By using the Ek Buyers Services, you agree to indemnify Ek Buyers from all claims or losses sustained by Ek Buyers as a result of any breach of your representations and warranties. It is your responsibility to discontinue phone, Internet and/or any similar service on your Product prior to selling it to Ek Buyers. Ek Buyers is not responsible for any service charges related to your Product, whether you incur such charges before, during or after your use of the Services. It is also your responsibility to remove any security codes that would prevent use of any Product.
Sending Ek Buyers Your Product for Trade-In or Return. When packaging your Product, be sure to include all materials included in your description when we calculated your offer for Trade-In, or, in the case of Purchase, include all materials provided by Ek Buyers in the package you received. For Trade-In, this may include software, accessories, adapters, and manuals. Failure to include any items you told us about when the offer was calculated, or sending us a Product which does not match your original description, may impact the final value of your Product and may result in a revised offer.
Removing Data From Your Product.

For Products involving devices that store files and/or personal data on hard drives, memory chips or the like, you must back up and store any data you wish to keep from your Product and remove any personal information from the Product before you send your Product to us for Trade-In. Likewise for Products you Purchase from Ek Buyers and returned to Ek Buyers in accordance with these Terms, you agree to remove any such data from the Product prior to returning the Product to Ek Buyers. Ek Buyers’ standard practice is to remove all such data from the Product; however, Ek Buyers makes no guarantee that it will do so. By sending Ek Buyers the Product, you agree to release us from any claim as to the Product, the data stored in such Product, or any information on any media used in conjunction with the Product and which you send to Ek Buyers (whether in connection with a Trade-In or a Purchase), or for such data’s security, integrity, confidentiality, disclosure or use. Ek Buyers is not responsible for: (a) any loss suffered by you due to any data that is not erased from the device and transferred to a third party, or (b) any loss of data after you submitted the Product to us.
Product Inspection; Offer Recalculation. Your Trade-in Product must be received by Ek Buyers within thirty (30) days after you accept the original offer provided by Ek Buyers and complete the check- out process on the Ek Buyers Website (the “Delivery Period”) or the offer shall automatically expire. Packing and shipping recommendations provided to you by Ek Buyers should be followed in order to avoid possible damage to or loss of the Product in transit. Ek Buyers will inspect all Products that are received. Ek Buyers has the option to accept or reject the Product, including without limitation, to reject any Product not conforming to the description you provided to us, any Product modified in such a way that it no longer conforms to the original factory specifications, any Product no longer complying with applicable laws or regulations (e.g., FCC rules, etc.) and/or any Product damaged or lost in transit. If Ek Buyers rejects the Product for any of these reasons, the original offer automatically expires and is rescinded. Ek Buyers reserves the right to revoke the original offer and provide a revised offer for the Product if: (a) the Product and/or materials are not as described, (b) the Product is received by Ek Buyers after the Delivery Period, and/or (c) Ek Buyers receives Product(s) that are different from those identified when your offer was calculated. As described above, Ek Buyers typically honors the offer price you receive for your Product on the Site for a period of thirty (30 days); sometimes for a longer period of time in connection with a temporary extended price-lock offer (each a “Price-Lock Offer”). Notwithstanding any Price-Lock Offer, Ek Buyers always reserves the right to recalculate the original offer price and provide a revised offer for the Product if, during the Price-Lock Offer period, the market price for your Product has declined by more than thirty percent. Ek Buyers shall determine the market price during such applicable period and whether there has been any such decline in its sole discretion. If you elect not to accept the recalculated offer price, your Product will be returned to you.
Recalculated Product Offers after Inspection.

In the event Ek Buyers recalculates the offer it provided for the Product after it has been received and inspected for Trade-In, as described above, you shall have the option of accepting or rejecting the new offer. If you accept the new offer, you will be paid in normal course and in accordance with these service terms. If you reject the new offer, Ek Buyers will return the Product to you at the address from which it was originally sent. Ek Buyers will give you a period of five (5) days after Ek Buyers presents you with a recalculated offer via email at the address you provided to accept or reject the new offer (the “New Offer Period”). Ek Buyers will also remind you of the outstanding new offer one or more times during the New Offer Period. However, if the new offer is neither affirmatively accepted nor rejected by you during the New Offer Period, the new offer will be deemed to have been accepted by you and you will be paid the new offer price in the normal course and in accordance with these service terms. For the avoidance of doubt, your acceptance of the original offer and/or any new offer is final and you may not change your mind later about accepting such offer.
Releasing Rights to Product.

Once you send Ek Buyers your Product for Trade-In, Ek Buyers cannot and does not guarantee that it will be able to honor any request for return of the Product and/or any data or information contained in such Product. Of course, if Ek Buyers rejects the Product or you do not accept any new offer for the Product pursuant to Sections 9 and 10 (“Return Circumstances”), your Product will be returned to you as set forth in Sections 9 and 10.
Risk-Of-Loss.

You remain responsible for the risk-of-loss for the Products sent to Ek Buyers for Trade-In until delivery of the same to Ek Buyers. You are responsible for any damages that may occur to your Product while in transit. Ek Buyers is responsible for risk-of-loss when it opens the packaging containing your Product and ceases in the event Ek Buyers returns your product to you for any reason. For the avoidance of doubt, in such event, risk of loss will be transferred to you once Ek Buyers delivers the package to the carrier for return to you and you will bear the risk-of-loss while the Product is in transit.

If you return a Product to Ek Buyers that you Purchased, you are responsible for the risk-of-loss for the Product until Ek Buyers receives the Product. You are responsible for any damages that may occur to the Product while in transit back to Ek Buyers.
Passing of Title. Title to the applicable Product sent to Ek Buyers for Trade-In passes to Ek Buyers upon Ek Buyers’ acceptance of the Product for the original offer or the new offer, as applicable. If there is a Return Circumstance, title shall not pass and shall remain with you.
Non-Transferable. Any offer by Ek Buyers for your Product for Trade-In is non- transferable and not redeemable for any other consideration other than what is offered by Ek Buyers.
Import and Export Laws.

You agree to comply fully with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly transfer any Product without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances in order to convey any Product to Ek Buyers in connection with a Trade-In, including without limitation, valuation, classification and duties applicable with the import of any goods. Please note: U.S. trade sanctions administered by the Office of Foreign Assets Control (OFAC) generally prohibit the importation into the United States (including U.S. territories), either directly or indirectly, of most goods, technology, or services (except information and informational materials) from, or which originated from Cuba, Iran, Iraq, Libya, North Korea, Serbia, or Sudan; from foreign persons designated by the Secretary of State as having promoted the proliferation of weapons of mass destruction; named Foreign Terrorist Organizations; designated terrorists and narcotics traffickers. You may not offer or provide to Ek Buyers for sale, any Products that would violate the provisions of this Section 15.
Promotions.

From time to time, and at Ek Buyers’ sole discretion, Ek Buyers may offer promotional programs as an incentive to customers. Promotions applicable to payments are applied as an increment to the final value of a customer’s Product, but they are not considered a change in that final value. Promotional programs have explicitly defined terms, including but not limited to, expiration, usage per person and per transaction, and other limitations and restrictions. Unless otherwise stated, promotions must be applied by you before checkout. For the avoidance of doubt, once checkout is completed, promotions cannot be applied to the same transaction. Ek Buyers reserves the right, in its sole discretion, to cancel or refuse promotions.
Accuracy of all Information. Ek Buyers makes every effort to ensure the accuracy of all information you receive in relation to your Product. From time to time, however, there may be typographical errors, technical inaccuracies, pricing or other errors or omissions. As such, Ek Buyers reserves the right, at any time prior to payment, to:(a) Correct an error. (b) Change the offer or cancel the Purchase prior to your receipt of the Product. In the event the Product has already been sent to Ek Buyers for Trade-In, the changed offer will become a New Offer subject to the processes set forth in Section 9 and Section 10. Otherwise, the changed offer will be a re-issued original offer, which you may accept or reject. (c) Void a transaction. If the Product was already sent to Ek Buyers, Ek Buyers will be deemed to have rejected the Product resulting in a Return Circumstance subject to Section 11.
Privacy.

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.
Electronic Notices and Transactions. You agree to transact with us electronically, including without limitation, agreeing to terms and conditions or offering to sell your Product by electronic means. You authorize Ek Buyers to provide you with terms and important notices about Ek Buyers and your transactions to an email address you provide to us or by posting notices on an applicable page (or my account area) on www.Ek Buyers.com. It is your duty to keep your email address accurate and 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 Ek Buyers Websites. You can retrieve and review this Agreement by clicking on the “Legal” link at www.Ek Buyers.com.
Access.

You are responsible for obtaining at your own expense all equipment and services needed to access and use the Ek Buyers Websites and the Ek Buyers Services, including all devices, Internet browsers and Internet access. If you access the Ek Buyers Website and the Ek Buyers Services 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 communications services.
Use of Services. By using Ek Buyers Websites, you agree not to (i) access any of the Services by any means (including, without limitation, by use of scripts, web crawlers or similar methods) other than through the user interface provided by Ek Buyers; and (ii) engage in any other activity that interferes with or disrupts the Services or performance of the Ek Buyers Websites.
No Warranties.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE EK BUYERS SERVICES AND WEBSITES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY. WE MAKE NO REPRESENTATIONS THAT YOUR TRANSACTIONS WITH EK BUYERS WILL MEET YOUR REQUIREMENTS.
Limited Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EK BUYERS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS OR CONTRACTORS (COLLECTIVELY, THE “EK BUYERS 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 YOUR TRANSACTIONS WITH EK BUYERS UNDER THIS AGREEMENT 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, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF EK BUYERS AND THE EK BUYERS PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE EK BUYERS SERVICES AND EK BUYERS WEBSITES EXCEED THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO US OR (II) $100. THE LIMITATIONS SET FORTH IN THIS AGREEMENT 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 EK BUYERS SERVICES.
Indemnity.

You agree to indemnify, defend, and hold harmless Ek Buyers and the Ek Buyers 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 terms under this Agreement. 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.
Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The captions are used only as a matter of convenience and are not to be considered a part of this agreement or be used in determining the intent of the parties to it. No waiver by Ek Buyers of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Sections 6, 8, 11, 13, 15, 18, 19 and 22 through 28 shall survive termination of this Agreement.
Correction of Errors and Inaccuracies. The Ek Buyers Websites and any correspondence related to a transaction may contain typographical errors or other errors or inaccuracies and may not be complete or current. Ek Buyers therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Ek Buyers does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
Modification.

Ek Buyers reserves the right to modify this Agreement at any time. If you do not agree to the changes, you may discontinue using the Ek Buyers Websites and/or the Ek Buyers Services. Your continued use of any Ek Buyers Website and/or Ek Buyers Services after any such changes take effect constitutes your acceptance to such changes. Each time you submit a Product for sale to Ek Buyers, you reaffirm your acceptance of this Agreement as in effect at the time of such use. You are responsible for reviewing this Agreement each time you use the Ek Buyers Websites and/or the Ek Buyers Websites. The Agreement is and will be located at www.Ek Buyers.com/service_terms. The last date this Agreement was revised is set forth below.
Applicable Law and Venue.

THIS AGREEMENT AND THE TERMS OF SALE AND TRANSFER OF TITLE OF YOUR PRODUCT ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH MASSACHUSETTS LAW AND TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES. NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU AGREE THAT ANY ACTION AT LAW OR INEQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN SUFFOLK COUNTY, MASSACHUSETTS, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS. ALL DISPUTES MUST BE ADJUDICATED IN THE ENGLISH LANGUAGE.
If you have any questions, concerns, or suggestions regarding the above Agreement, please feel free to email webmaster@ekbuyers.com.

Ek Buyers Privacy Policy

The Ek Buyers Privacy Policy explains how information about you is collected, used and disclosed by Studio S, Inc. (doing business as Ek Buyers) (“Ek Buyers”, “we” or “us”) when you access and use Ek Buyers’ websites, applications and services (collectively, the “Services”) that link to this Privacy Policy. This Privacy Policy does not apply to any other kiosks, websites or other online or mobile services or applications of Studio S, Inc. or its parent, subsidiaries or affiliates.
Information Collection and Use
When you use the Services, you provide information to us. Ek Buyers collects two types of information: (1) information that you provide to us that lets us know who you are (“Personally Identifiable Information”) and (2) information that does not by itself identify a specific individual (“Non-personally Identifiable Information”).
Personally Identifiable Information
You can browse the Services’ Websites without telling Ek Buyers who you are or revealing any personal information about yourself. However, when you transact with us (e.g., offer to sell a device) or register to open an account with Ek Buyers, we ask for information about yourself, such as your name, email address, and zip code, which we collect and use as disclosed in this Privacy Policy. Once you submit information about yourself to us, you are not anonymous to us. We may also collect additional information about you when you engage in certain activities on the Services, such as: (a) provide transactional information when you sell, donate, offer to recycle, ship, or purchase an item; (b) when you sign up for special offers; (c) when you visit the Services’ Web pages or the pages of certain Ek Buyers partners ; (d) when you interact with offers and advertisements; (e) when you contact us for help or customer support; (f) when you log into the Services with your account; (g) when you complete a survey; (h) when you post content or provide us with feedback; or (i) when you enter promotions or sweepstakes. Ek Buyers might also receive information about you from other sources and add it to your account information. Providing information is purely optional on your part; however, not all features and services (such as, responding to your inquiries) would be available to you if you elect not to provide information. If you choose to provide us with personal information, you consent to the transfer and storage of that information by us.
Non-Personally Identifiable Information
We automatically receive and collect Non-personally Identifiable Information on our server logs from your browser, including your IP address, the Uniform Resource Locator (“URL”) that you just came from, which URL you next go to, browser type, browser language, date and time of your query, Ek Buyers cookie information, and the pages you request. This information is compiled and analyzed on both a personal and an aggregated basis. We may use third-party analytics services to collect, monitor and analyze the information collected as described above.
Use of Information
We primarily will use Personally Identifiable Information for the following purposes: (a) to provide the Services to you; (b) to customize the advertising and content you see; (c) fulfill any transactions, including, your requests for products and services ; (d) improve our services and offerings to you; (e) conduct research ; (f) provide you with support; (g) provide you with updates and notices about the Services, our Privacy Policy and terms and conditions; (h) contact you under certain circumstances; (i) provide you with offers from us, our affiliates and from third parties that may be of interest to you, and (j) provide anonymous reporting for internal and external clients. In addition, Ek Buyers will use your email address to contact you under the following circumstances: to respond to your support questions, to notify you of material changes to our policies or website, to request your participation in user surveys, and to deliver products, services and marketing communications that you request.
We will use Non-personally Identifiable Information to diagnose problems with our servers and software, to administer the Services, and to gather demographic information. Our third-party advertising networks and servers will also provide us reports that will tell us how many ads were presented and clicked upon on Ek Buyers in a manner that does not identify personally any individual.
Cookies
Ek Buyers may set and access Ek Buyers cookies on your computer. Upon your first visit to the Services, a cookie is sent to your computer that uniquely identifies your browser. A “cookie” is a small file containing a string of characters that is sent to your computer and stored on your hard drive when you visit a website; many major Web services use them to provide useful features for their users. Each web site can send its own cookie to your browser. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent; however if you reject cookies, you will not be able to sign in to the Services or take full advantage of our Services. Ek Buyers uses cookies for the following general purposes: (a) to track your preferences, such as the address or local zip code you enter; (b) to access your information when you sign in so we can provide you with your personalized content; (c) to display the most appropriate advertisements, based on your interests and activity on our web site; and (d) and to help us analyze and estimate our traffic and use of features on the Services.
We may also use “pixel tags,” which are small graphic files that allow us to monitor the use of the Services. A pixel tag can collect information such as the IP address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time (and length of time) the page containing the pixel tag was viewed; the type of browser that retrieved the pixel tag; and the identification number of any cookie previously placed by that server on your computer. We may use pixel tags, either provided by us or by our third party advertisers and ad networks, to collect information about your visit, including the pages you view, the links you click and other actions taken in connection with our sites and Services and use them in combination with our cookies to provide offers and information of interest to you.
We also may allow certain analytic services and providers of applications used on the Services (e.g. sharing buttons) to collect Non-Personally Identifiable information by placing cookies on the Services that will track certain performance of our Services, such as, web traffic, click-throughs, etc., in order to assist us and our service providers in better understanding the interests of our users and to better serve those interests.
Advertising
We may use other companies under agreements with us to serve advertisements when you visit and use the Services. These companies may collect and use [Non-Personally Identifiable Information] (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Services and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie, a third party web beacon and/or pixel tags to collect this information. To learn more about this behavioral advertising practice in general and the options that you have, including your option or to opt-out of this type of advertising, you can visit www.networkadvertising.org. These cookies, web beacons and pixel tags do not collect any personal information from your computer, such as your e-mail address. Other companies’ use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to Ek Buyers’ cookies.
Targeted Advertising By Ek Buyers
In order to serve offers and advertisements that may be interest to our users, we may display targeted advertisements on the Services based on Personally Identifiable Information provided by our users, including zip code and profile. We do not provide this Personally Identifiable Information to our advertisers when you interact with such an advertisement. However, please note that the advertisers (including ad serving companies) may determine based on their own analysis that a user who interacts with an advertisement targeted by Ek Buyers may fit into a certain demographical category; for example, an advertiser may determine that men ages 25-34 are interacting with a certain advertisement on Ek Buyers from a particular geographic area. You acknowledge that any information collected by such advertisers or advertising networks – and any options that you have with the use of such information – would be handled in accordance with the disclosures provided above in the “Advertising” section.
Information Sharing and Disclosure
Ek Buyers does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you’ve requested, when we have your permission, or under the following circumstances:
We provide the information to trusted partners who work on behalf of or with Ek Buyers under confidentiality agreements. These trusted partners include companies with which Ek Buyers may operate co-branded websites or web-pages to expand their services using Ek Buyers’ Services. These trusted partners may use your personal information to provide services to you on our behalf, evaluate the effectiveness of the services, and to help Ek Buyers communicate with you about offers from Ek Buyers and our marketing partners. However, these companies do not have any independent right to share this information. We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Ek Buyers’ terms of use, or as otherwise required by law. We may transfer information about you if Ek Buyers is acquired by or merged with another company. In this event, Ek Buyers will post a notice on its website before information about you is transferred and becomes subject to a different privacy policy.
The sites displayed as search results or linked to by the Services are developed by people over whom Ek Buyers exercises no control. These other sites may place their own cookies on your computer, collect data or solicit personal information. Ek Buyers may present links in a format that enables us to understand whether they have been followed. We use this information to understand and improve the quality of Ek Buyers’ search technology. For instance, this data helps us determine how often users are satisfied with the first result of a query and how often they proceed to later results.
Social Media Plug-ins
Social media plug-ins of social networks such as Facebook, Twitter, LinkedIn, Yahoo, Windows and Google plus (among others) are integrated on Ek Buyers’ website. Where Ek Buyers sites contain a plug-in to a social network, these are clearly marked (e.g. with a Facebook button). If you chose to click on one of these buttons or links, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the web page was used by you. If you interact with a social network plug-in (e.g. you press the Facebook “Like” –feature, the Twitter “Tweet this” feature and Google plus “1+” button or equivalent) or drop a comment on the appropriate web page, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you visit Ek Buyers’ website, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in etc. then you may be permitting us to have on-going access to some limited information from your social network profile (such as name, email address, photo, gender, location, the people/sites you follow etc.).
If you do not want the social network to collect the information about you described above, or to share it with Ek Buyers and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before you visit Ek Buyers’ site. As with other sites, you may be able delete any existing cookies placed on your computer by the social network via your browser.
Your Ability to Edit and Delete Your Account Information and Preferences
Registered users can edit their Ek Buyers account information, including contact preferences, at any time from their “My Account” account management page which you can find at www.Ek Buyers.com/account. We may, from time to time, send you e-mail regarding our products and services and third party products and services that may be of interest to you. You will have the opportunity to opt out of any further mailings at any time; provided, however, that we reserve the right to send you certain communications relating to the Services, such as (a) communications related to fulfilling a transaction, (b) service announcements, (c) notices regarding Ek Buyers’ legal terms and this Privacy Policy; and (d) administrative messages, which are considered part of your Ek Buyers account. You will not have the opportunity to opt-out of receiving such notices.
You can delete your Ek Buyers registered account by requesting an account deletion via email to help@ekbuyers.com. You must provide us with the email address of the registered account. After we have confirmed your request via email, we will remove access to your personal information from our user database.
Confidentiality and Security
We limit access to personal information about you to our employees and agents who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use many tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private. Because email and instant messaging are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services.
Third Parties
This Privacy Policy only addresses the use and disclosure of information we collect from you. This policy does not apply to the practices of companies that Ek Buyers does not own or control or to people that Ek Buyers does not employ or manage. The Services may include applications, content and/or ads from third parties that may perform user activity tracking in addition to that described herein; Ek Buyers accepts no responsibility for said activities. Ek Buyers does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others. For more information about each such third party, please refer to the third party’s privacy policy.
Changes to this Privacy Policy
We may amend this Privacy Policy at any time by posting the amended terms on this site. All amended terms automatically take effect 30 days after they are initially posted on the Services, unless that amendment states otherwise. In addition, we will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Ek Buyers account or by placing a prominent notice on our site. If you do not agree to the changes, you may terminate your account by requesting an account deletion via email to help@ekbuyers.com. You must provide us with the email address of the registered account.
Ek Buyers is intended for general audiences. Ek Buyers does not collect or maintain information from those that Ek Buyers knows are under 13, and no part of the Ek Buyers Services are targeted to attract anyone under 13.
California Users
If you are a California resident, in addition to the rights set forth above, you have the right to request information from us regarding the manner in which we share certain categories of your personal information with third parties, for the third parties’ direct marketing purposes. California law provides that you have the right to submit a request to us at the designated address and receive the following information: the categories of information we disclosed to third parties for the third parties direct marketing purposes during the preceding calendar year, the names and addresses of third parties that received such information, and if the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of the products or services marketed.
You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually. Our designated email address for such requests is help@ekbuyers.com.
Request for Information
If you have questions, concerns or suggestions, please feel free to send an email to help@ekbuyers.com.
Last Update: March 22, 2017

Law Enforcement
Ek Buyers’ business has always been to extend the lifecycle of consumer devices, and we do our best to ensure the seller is the rightful owner of any item we buy. We are using the latest technology to try to identify stolen devices and not perpetuate the sale of them. A big part of reducing the incidences of device theft involves consumer education; we encourage our customers to register their new devices with their cell phone carrier and local police, and to consider various apps available to help keep track of their electronics and delete data remotely, if needed. We also recommend proactive measures to catalog all personal technology through registry databases, such as Immobilize (www.immobilize.net) and we provide helpful articles for device and data protection on our blog www.Ek Buyers.com/blog.
Q: What do you do to a device when you receive it?
We follow a very thorough inspection process when we receive a device. First, we record the item’s electronic serial number (ESN). We then run the device through an industry-leading device status tool (called CheckMEND) to ensure the item has not been reported as lost or stolen. If it’s cleared, we inspect the device, remove all data and pay the customer.
As part of Ek Buyers’ promise to each of its customers, we remove all data from each device we receive by following manufacturer guidelines to do a factory reset and remove and destroy the SIM card (where applicable).
Q. How do you determine whether a device has been reported lost or stolen?
We use CheckMEND, a state-of-the-art tool that includes information from carriers, law enforcement and insurance companies to identify whether a device has been reported either lost or stolen. CheckMEND is a cutting-edge tool designed to more accurately detect potentially stolen goods, including smartphones, tablets and computers. Developed by Recipero, the largest U.S. consumer electronics background report service, CheckMEND compiles data from major wireless carriers, law enforcement and insurance companies across the country (including the FBI) to provide the most complete database of lost or stolen devices. Ek Buyers was the first consumer electronics trade-in site to deploy CheckMEND in the United States.
We are constantly re-evaluating our procedures to make sure we are doing our best to protect consumers. Today, only a fraction of one percent of devices we receive are flagged as lost or stolen, and we believe that thieves are unlikely to try to sell a device online because they won’t want to disclose identifying information like email and mailing addresses. To the extent we do see devices that may have been reported as lost or stolen, we regularly cooperate with law enforcement around the country in the investigation of those incidences.

Q. What do you do to help the recovery of stolen items?
We also regularly assist law enforcement in the investigation of stolen property. We record the device’s electronic serial number for each item we receive, so we can provide a trail for items under inquiry. Also, all devices, regardless of whether they are reported as lost or stolen, go through our data wipe process.
Q. How do you ensure the security of any data that was left behind? Does this differ for laptops, iPads and other tablets?
We take security very seriously at Ek Buyers. With smartphones, iPads and other tablets, it’s essentially a 1-click process to clear all data and reset the device back to its original factory settings. For Macs and computers, the process of removing data from laptops is very different, mostly because consumers tend to store more personal and sensitive information on their personal computer. Therefore, we do a more thorough data wipe, which includes use of a Use Disk Utility tool to reinstall the OS, then write zeros over all free space on the drive. If the drive is unable to be erased, it is removed and destroyed.

Q. What are you doing to clearly communicate your policy regarding no acceptance of lost or stolen items?
As part of our online trade-in process, each of our customers are required to contractually confirm the device is in fact theirs to sell and has not been reported as lost or stolen. We also remind customers at several points in the process that we do not accept items that have been reported lost or stolen.
Q. What are your plans for the future to enhance this capability?
We are continuing to invest in systems and processes that will help prevent the purchase of lost or stolen items. Ek Buyers was the first U.S. trade-in site to leverage CheckMEND.
Our goal is to learn from the much more mature trade-in process in Europe, where a tool like CheckMEND is tightly tied to law enforcement; any device that is being sold is checked against a database and if it had been flagged as lost or stolen, law enforcement is immediately notified and able to investigate. There are also laws protecting trade-in businesses who responsibly check and report the devices they purchase.
We do see progress in the United States. The U.S. carriers, for example, are collaborating with the FCC to build a central database that will provide information on stolen items and OEM’s like Apple are beginning to build functionality into their devices that permits remote device blocking. Ek Buyers is very supportive of these new approaches and technology.
Q. If a consumer loses a device or has something stolen, what should they do?
Consumers should call their carrier if a phone or tablet is lost or stolen. We also recommend that consumers file a police report. Additionally, leveraging an app like “Find my iPhone” enables customers to not only track the device if it has been misplaced, but remotely delete all data from that device. For Apple products specifically, iCloud allows remote data wipe of those devices and, soon, the new iOS 7 will allow users to remotely block their device if lost or stolen.
We also recommend proactive measures to catalog all personal technology through registry databases, such as Immobilize (www.immobilize.net). Please also see other helpful articles and tips for device safety on our blog: www.Ek Buyers.com/blog.