(3) AT&T Mobility, LLC Trade-in Program Terms & Conditions for Paid Off Devices

Please read these terms and conditions carefully to understand your rights and obligations. By participating in the AT&T Trade-in Program, you agree you understand, acknowledge, and accept the terms below.

• AT&T MOBILITY, LLC (AT&T), ITS VENDORS, AND SUPPLIERS (COLLECTIVELY AT&T, ITS VENDORS AND SUPPLIERS MAY REFERRED TO AS “WE” OR “US”) WILL NOT BE ABLE TO RETURN ANY WIRELESS DEVICE (“DEVICE”) THAT YOU TRADE-IN AS PART OF THIS TRADE-IN PROGRAM. YOU AGREE TO SAVE INFORMATION YOU WANT TO KEEP ON ANOTHER DEVICE PRIOR TO TRADING IN YOUR DEVICE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY LOSS OF ANY INFORMATION/DATA FROM DEVICES THAT YOU SEND IN. INFORMATION/DATA ON YOUR DEVICE WILL BE DELETED AND WILL BE UNRECOVERABLE.
• UNDER THIS TRADE-IN PROGRAM, YOU CAN ONLY TRADE-IN FULLY PAID OFF DEVICES.Smartphones and other Devices purchased on an installment agreement that have a remaining installment balance are not eligible under this Trade-in Program, until the remaining installment balance is paid.
• TO PROTECT YOUR PRIVACY, YOU ACKNOWLEDGE THAT BEFORE SENDING IN YOUR DEVICE TO AT&T TO RECEIVE CREDIT YOU HAVE: ERASED YOUR CONTACTS, CALENDAR, PHOTOS, MESSAGES, CALL HISTORY, EMAIL, TEXT MESSAGES, VIDEOS, WEB BROWSING HISTORY AND ANY OTHER PERSONAL, CONFIDENTIAL OR SENSITIVE STORED INFORMATION FROM YOUR DEVICE, AND REMOVED THE SIM CARD AND MEMORY CARD, IF APPLICABLE, FROM YOUR DEVICE AND PERFORMED A FACTORY RESET.
• WE ARE NOT RESPONSIBLE FOR REMOVING PERSONAL, CONFIDENTIAL, AND/OR SENSITIVE INFORMATION FROM YOUR DEVICE AND CANNOT GUARANTEE THAT PERSONAL, CONFIDENTIAL, AND/OR SENSITIVE INFORMATION LEFT ON YOUR DEVICE WILL BE DELETED. If you fail to remove all personal, confidential, and/or sensitive information from your Device, We are not liable to you for any damages you may suffer if personal, confidential, and/or sensitive information left on your Device is accessed.
• You must deactivate all services to your Device before trade-in. We are not responsible for any charges accrued before, during, or after you send in your Device. If you incur any charges, it is your responsibility to pay those charges.
• You represent you are the sole and rightful owner of the Device, have paid off all amounts owed for the Device, you are not trading in a lost or stolen Device, and the Device is free from any liens or claims by third parties.
• All quoted Trade-in values are conditional and subject to adjustment by Us based on the actual make, model, condition and operational nature of the Trade-in Device. AT&T reserves the right to reject your Device for trade-in.
• The condition, specifications, and other representations you have provided as to your Device are accurate. In the event the representations you made are determined to be inaccurate, you acknowledge that the trade-in credit initially offered may be significantly reduced. Upon receipt, We will make the final determination of your Device trade-in value subject to a unilateral adjustment in the value of the actual Device received. If you are unsure of the condition of the Device and want a final determination of the value before surrendering it, you can take it to a participating AT&T retail store where a final determination can be made before you surrender the Device. You will be notified via email of any discrepancy in the Device condition, specifications, or other representations, however all transactions are final once you trade-in the Device.
• You must be of legal age to consent in order to participate in the AT&T Trade-In Program, and you may only trade-in five devices during a twelve-month period.
• The value quoted for any Device is only valid for the duration of the Trade-in transaction.
• You agree to ship your Device within 30 days of the day you accept the trade-in credit or the bill credit(s) offered. If you fail to send your Device in 30 days it may result in a reduced value for your Device or you may no longer be eligible for the applicable trade-in offer.
• Instant Credit/Promotional Card - For trade-ins at AT&T owned retail stores, you will receive an Instant Credit that can only be used to purchase AT&T products at AT&T owned retail stores. For trade-ins online at att.com, you will receive an AT&T Promotional Card, issued by MetaBank® , Member FDIC. Instant credit & Card may only be used for AT&T products & services in AT&T owned retail stores, at att.com, or to pay wireless bill. Not redeemable for cash or for withdrawal at cash-dispensing locations. Card expiration date not less than 210 days from receipt. Dealers: Participating dealers provide savings for use at time of trade-in or a dealer promo card. Dealer cards contain additional terms & conditions and may only be used at specified dealer.
• In lieu of Instant Credit or a Promotional Card, you may also qualify for specific promotional offers whereby monthly bill credits are applied to the monthly device installment with the purchase of an eligible smartphone on a qualifying installment agreement and trade-in of a qualifying smartphone. Bill credits will be applied monthly over the installment agreement term. Bill credits may not appear until 2 or 3 bill cycles after you trade-in your device. Failure to comply with the terms of the applicable installment plan agreement(s) will result in loss of credits. If you payoff the installment balance early or you trade-in and upgrade your smartphone early, the bill credits will stop. Promotions, terms and restrictions subject to change and may be modified or terminated at any time without notice.
• TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR MORE THAN THE TRADE-IN VALUE OF THE DEVICE. IN NO EVENT SHALL AT&T, ITS VENDORS, AND SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, INCIDENTAL, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF ANY TRADE-IN OF YOUR DEVICE.
• DISPUTE RESOLUTION BY BINDING ARBITRATION. In exchange for the AT&T Promotional Card, Instant Credit, or bill credit(s) that you are receiving, you agree any disputes regarding this AT&T Trade-in Program are governed by the Dispute Resolution by Binding Arbitration section of the AT&T PREPAIDSM Terms of Service (for AT&T PREPAID customers) or the AT&T Wireless Customer Agreement (for AT&T postpaid customers) regarding the resolution of disputes by binding arbitration, which terms can be found at att.com/wirelesslegal or provided by the AT&T store representative and are incorporated herein by reference (“Dispute Resolution Terms”). These sections provide in part that we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction and that any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, AT&T will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from AT&T to at least the same extent as you would be in court. In addition, under certain circumstances in the Dispute Resolution Terms, AT&T will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that is greater than what AT&T has offered you to settle the dispute.