Terms of service
Welcome to the retail website (the Website”) of Works Electronic Services Inc. (“Vendor”). Vendor assesses, recycles and, where deemed appropriate, resells previously-owned electronics that have been sent to Vendor for assessment, recycling and/or resale (“Products”). Through the Website you may purchase such previously-owned Products.
THESE TERMS & CONDITIONS INCLUDE AN ARBITRATION PROVISION REQUIRING INDIVIDUAL ARBITRATION OF DISPUTES INSTEAD OF JURY TRIALS OR CLASS ACTIONS (Sec. 10).
References to “Vendor,” “we” or “us” in this document mean Vendor and any affiliates, subsidiaries, and divisions. The terms “you” and “user” as used in these Terms & Conditions refer to all individuals and/or entities accessing this Website for any reason.
By using the Website, you acknowledge that you have read and understand these Terms & Conditions, and that you accept them and agree to be legally bound by them. You should not use the Website if you have any objections to any of these Terms & Conditions. Your continued participation on the Website indicates your acceptance of the Terms & Conditions, including your acceptance of the Arbitration provision, the Privacy Policy and of the collection, use, disclosure, management, and storage of your Personal Information (as defined in the Privacy Policy ).
Each time you use the Website, you should visit and review the Terms & Conditions. We reserve the right to update the Terms & Conditions from time to time.. At such time, we will also revise the “last updated” date below.
1. ORDERS AND FULLMENT
A. Products for Sale. Vendor may change or eliminate products offered on or through the Website at any time without prior notice. Products offered on the Website may be subject to Vendor’s warranty policy, which is hereby incorporated into these Terms & Vendor makes no representation that any particular products will be available for any particular period of time. For customer service, contact support@eworks.org. Transactions may be made through your credit card or through PayPal, Inc. (www.paypal.com). If you choose to use Paypal, please visit its website to familiarize yourself with its terms and conditions and with its privacy policies. Information relating to your financial transactions will not be maintained on Vendor’s servers. Information about how Vendor handles personal data is available in our Privacy Policy.
B. Offer, Acceptance and Cancellation. Your placement of an order through the Website is an offer to buy. Vendor may send an order confirmation email to acknowledge receipt of your order, but Vendor does not accept your order until we send you notice that the Product has shipped. We may process payment for and ship parts of an order separately, and we reserve the right at any time, before or after sending you a confirmation of your order, to decline or cancel your order or to limit order quantities for any reason.
C. Pricing and Availability. While we attempt show current and accurate pricing on the Website, prices are subject to change, and we reserve the right to change them. If a Product you ordered is no longer available or we made an error in executing your order, we will notify you and/or cancel your order.
D. Taxes. You are responsible for all sales and other taxes associated with your order, unless you have provided Vendor with a valid tax exemption certificate applicable to you at the time you placed your order.
E. Shipping. We will ship Products to you via a carrier of our choice. You should inspect all Products when they are delivered to you, and let us know promptly if there is any damage. You should also inspect any packages we send to you at the time of delivery, and let us know if you see any damage. You should also note any visible damage on the proof of delivery (POD) or other delivery receipt before signing it. We will not be responsible for any visible shipping damages unless they are reported on the delivery receipt. Title to all Products we ship you passes to you when we ship the Product
2. USE OF THE WEBSITE
You agree that you will not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users.
A. No Harmful Use. Specifically, but without limiting the foregoing, you agree that you will not, nor will you attempt to, (i) interfere in any way with the operation of the Website, (ii) transmit any virus or worm to the Website, (iii) use any spider, robot, data mining tool or other automatic device, or any other manual process or means, to access the Website and/or its servers or systems to extract, download, monitor, gather, transmit or copy any of the data or material on the Website (including, without limitation, account information, product listings, images, descriptions or prices), or for any other unauthorized purpose. You agree not to engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited email to other users of the Website.
B. No Unauthorized Access to or Use of Data. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.
C. Other Terms. Some areas of this Website may have additional rules, guidelines, and/or other terms and conditions that apply to your access and/or use of that area of the Website (“Other Terms”). If there is a conflict or inconsistency between any of these Terms & Conditions and the Other Terms, as they may be revised from time to time, the Other Terms shall take precedence with respect to your access and use of that area of the Website.
3. COPYRIGHTS AND PERMISSIONS
Please feel free to browse the Website. Except as otherwise noted, all material on the Website is: Copyright © 2017-2023 eWorks Electronic Services Inc. All Rights Reserved.
In general, you may review and print copies of material displayed on the Website, provided that the material (1) is used only for your personal and/or noncommercial purposes, and (2) any copies made by you in any media retain, without alteration, all copyright, trademark and other proprietary notices and any copyright management information displayed on the material as posted on the Website.
Downloading, printing, copying, distributing, transmitting, or otherwise making available any material on the Website for any commercial purpose is expressly prohibited without our prior written permission. Please make such requests by e-mail to support@eworksesi.org. You may, however, reproduce, distribute, transmit, publicly display, and/or publicly perform material posted on the Website if done in accordance with 17 U.S.C. § 107 (“Fair Use”), 17 U.S.C. § 110 (the Teach Act), or other applicable limitations and exemptions set forth in the U.S. Copyright Act and related laws.
You agree that you will not reverse-engineer, disassemble, decompile, transcribe, store in a retrieval system, translate into any human language or computer language, retransmit in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resell, or redistribute any of the material contained on the Website (including all software, HTML code, and other code) without the prior written permission of Vendor; nor will you attempt to do any of the foregoing or assist any other person in doing so.
Vendor reserves the right to terminate services to users who do not comply with these Terms of Service.
For further information regarding permission to use the material, please contact us by e-mail at support@eworksesi.org .
4. TRADEMARKS/SERVICE MARKS
You agree not to display or otherwise inappropriately use trademarks, service marks, logos and/or designs displayed on the Website without prior written permission from Vendor.
5. DISCLAIMER OF THIRD PARTY WEBSITES
This Website provides a link to the PayPal website (www.paypal.com) and may provide links to other websites that we hope you will find helpful. Vendor may also be referenced on third-party websites.
Vendor does not control the material presented in third party websites. Vendor also does not vouch for or assume responsibility for the accuracy of material on third party websites, and Vendor assumes no liability with respect to, and shall not be responsible for damages arising from your ability to use third party websites, for any transactions you engage in through a third party website or for the content of any third party website.
6. ADDITIONAL DISCLAIMERS AND LIMITATION OF LIABILITIES AND WARRANTIES
Vendor is not responsible if the information made available on this Website is not accurate or complete. Any reliance upon the material on the Website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and information contained on this Website.
The Website may contain technical inaccuracies, typographical errors, and out-of-date information. Vendor makes no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, makes no warranty that all products displayed on the Website continue to be available, and makes no warranty that the Website will meet your requirements. Vendor reserves the right to make changes to the Website at any time.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE WEBSITE, INCLUDING THE PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, IS AT YOUR OWN RISK. VENDOR SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE PRODUCTS, SERVICES AND/OR THE WEBSITE. (SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.)
VENDOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY OF THE MATERIALS AND/OR SERVICES AVAILABLE FROM THE WEBSITE, ALL OF WHICH ARE BEING OFFERED “AS IS” OR ONLY PURSUANT TO THE WRITTEN WARRANTY ASSOCIATED WITH THEM, IF ANY. VENDOR ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY RESULTING FROM YOUR ACCESS TO, USE OF, OR BROWSING OF THE WEBSITE, YOUR DOWNLOADING OF ANY MATERIALS FROM THE WEBSITE OR ANY PRODUCTS YOU PURCHASE THROUGH THE WEBSITE.
7. INDEMNIFICATION
You shall indemnify and hold harmless Vendor, its affiliates, officers, employees, and agents, from and against any and all liability, losses, claims, demands, disputes, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the Website, including any Products or services offered through the Website, information that you submit through the Website, and/or your breach of any of the provisions of the Terms & Conditions and/or the Privacy Policy.
8. NO RESALE OR EXPORT OF PRODUCTS
Your purchases through the Website are for your own use, and you agree not to re-sell or export Products. Products are subject to the export control and economic sanctions laws of the United States and other applicable jurisdictions, and you are responsible for compliance with all such laws and restrictions and for the use of Products in compliance with them.
9. CONSENT TO COMMUNICATION VIA TELEPHONE AND TEXT
If you provide us with a phone number (including mobile) as your contact number, you authorize us to contact you at the number via calls or texts, for communications other than for telemarketing purposes.
10. DISPUTE RESOLUTION; BINDING ARBITRATION
In the event of a dispute arising from or relating to the Website, these Terms & Conditions or any Product, YOU AND WE AGREE TO RESOLVE SUCH DISPUTE EXCLUSIVELY AND FINALLY, BY SUBMITTING ANY SUCH DISPUTE ON AN IDIVIDUAL BASIS TO BINDING ARBITRATION IN THE CITY OF NEW YORK. THIS MEANS THAT YOU AND WE BOTH WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
A. All Disputes. The arbitration requirement described in this Section 9 applies to any claim or dispute between you and us that relates in any way to the Website, these Terms & Conditions or any Product, regardless of whether such claim (i) involves a contract, tort or other type of claim, (ii) arises under statute, the common law or any equitable principle, or (iii) involves any third party engaged by you in connection with the Product or use of the Website.
B. Arbitration Process. You and we agree that any arbitration between us shall be administered by either: (i) The American Arbitration Association (AAA), subject to its Consumer Arbitration Rules, or (ii) JAMS, subject to the JAMS Comprehensive Arbitration Rules. The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms & Conditions or this arbitration provision’s scope, application, meaning, and enforceability. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
You and we agree to arbitration only on an individual basis. Neither you nor we may join or consolidate claims of others or participate in any claim as a class representative or a class member.
C. Enforceability of this Arbitration Provision. If any portion of this arbitration provision is found unenforceable, the unenforceable portion shall be severed and the remaining arbitration terms shall be enforced, provided, however, that there shall not in any case be a class arbitration. This provision supersedes any inconsistent term in any other agreement between you and us.
D. Preservation of Small Claims Rights. Notwithstanding the provisions of this Section 9, you continue to have the right to bring individual Claims in small claims court, to the extent that you qualify.
E. Arbitration Fees. Vendor will pay the arbitrator’s fees.
F. Federal Arbitration Act. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16.
11. FORCE MAJEURE
Notwithstanding any other provision contained in these Terms & Conditions, in the event that the performance of any obligation of Vendor is prevented due to acts of God, exchange controls, export or import controls, or any other government restriction, wars, hostilities, blockades, civil disturbances, terrorism, revolutions, strikes, lockouts, or any other cause beyond the reasonable control of Vendor, then Vendor shall not be responsible to you for any failure or delay in the performance of its obligations.
12. HEADINGS
The headings of each of these Terms & Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms & Conditions.
13. NO ASSIGNMENT
You may not assign your rights or obligations under these Terms & Conditions without the prior express written consent of Vendor.
14. INVALIDITY OF PROVISIONS
In the event that any portion of these Terms & Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention, and the remainder of the provisions shall remain in full force and effect.
15. NO WAIVER
Any failure by Vendor to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.
16. CHANGES TO THESE TERMS & CONDITIONS
Changes to these Terms & Conditions may be made except by a revised posting on this page, and no advice or other information provided by the Website or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver, or change to these Terms & Conditions, unless such an amendment, waiver, or change is in writing from an authorized officer or representative of Vendor.
17. COMPLETE UNDERSTANDING
These Terms & Conditions, including the Privacy Policy, constitute the entire understanding between Vendor and you with respect to the Website.
18. FURTHER INFORMATION
For general comments about this Website, or to learn more about Vendor, please contact us at 1-855-213-8348 or support@eworksesi.org .
Last Updated: June 6, 2023