Read The Fine Print

Helio Trade-Up Program Terms and Conditions

To participate in the Helio Trade-Up Program, please read these terms and conditions and you must agree to each of the terms and conditions set forth and/or linked below.

Eligibility

1. You must be 18 years of age or older to participate in the Program.
2. As a Program participant, you must be an active existing Helio member in good standing for at least 60 days to earn your redemption. You must be a Helio member for over 30 days and must have paid your 1st bill in full. You can trade up multiple qualifying devices but only at one time. You must be on a qualifying service plan greater than or equal to $40.00 per month to be eligible for participation in the Program. In addition, you must have a 2-year service term. If you terminate Helio service or transfer your account to an ineligible service plan, you will not be eligible for the Program.
3. Employees of Helio LLC, its affiliated companies, and its agents, their subagents, and other distributors of Helio service are not eligible to participate in the Program.
4. Corporations, businesses and customers under a business account membership plan are not eligible. Also, The Program is not open to non-revenue accounts.
5. Employees of master agents, retailers, and sub-retailers are not eligible to participate in the Program.
6. The Program is only available via access at http://helio.tradeups.com. Internet access is required to participate in the Program. You must fill out the Program processing form on the web, print the shipping label, and ship your old equipment as instructed. Helio is not responsible for an inability to connect to the Internet or log into the Program Web site. Retailers or any sales agents’ assistance to create or access a member account for the Program on behalf of a member is prohibited and will result in ineligibility for the Program.
7. You must initiate the Program within 30-days of the device purchase date.

In order to participate in the Helio Trade Up Program, you must purchase a new Helio device and activate new Helio service. You must submit your claim within 30 days of the device purchase date. The Helio Trade Up Program is available only for purchases of new Helio devices direct from Helio or from an authorized Helio reseller or authorized dealer. The program is not valid on refurbished product, reseller demo units or product purchased/leased through internet auctions, or from any other unauthorized reseller of Helio devices and service. To receive your redemption check, you must fax your Confirmation Email and proof of purchase receipt to Market Velocity, Inc. at 770-925-9064. In addition, you must return the traded product using the pre-addressed, prepaid shipping label/placard provided (please see Shipping Instructions). Your check will be issued 3 to 4 weeks after the receipt and inspection of your traded product and receipt of your proof of purchase, whichever is later.

The Helio Trade-Up Program is a service provided to Helio customers by Market Velocity, Inc., an independent third party. Helio is not involved in the transaction between Market Velocity, Inc. and Helio customers. Any and all transactions conducted on this site are solely the responsibility of Market Velocity, Inc. and such visitors. By accepting the program terms and conditions, you hereby release Helio and its respective directors, employees, and agents from any disputes, claims, demands, and/or damages (actual or consequential) of every kind, whether known or unknown, arising out of, or relating to, your use of Market Velocity, Inc. services including, without limitation, uncompleted or completed transactions and any claims or disputes between you and Market Velocity, Inc.

The following terms and conditions apply to your use of the Market Velocity, Inc. service sponsored by Helio. If you have any questions that our Help page cannot answer, please contact heliotradeup@marketvelocity.com . We may amend this site at any time by posting the amended terms on this site. Terms are effective immediately upon posting. These terms and conditions may not be otherwise amended except for a special circumstance which must be in writing and signed by both parties. This version of the site was first posted on June 19, 2006.

As the Helio Trade-Up Program states, Market Velocity, Inc. will send you a redemption check for your product based on the trade value provided. In order to receive your redemption check, Market Velocity, Inc. must first receive your faxed proof of purchase receipt and Confirmation Email, and your traded product.

Removing Data from Your Current Product

You agree to remove all data from your current product before shipping it. See "Removing and Saving Data" on our website if you need assistance. By sending Market Velocity, Inc. your product, you agree to release them 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 Market Velocity, Inc. or for such data's security, integrity, confidentiality, disclosure or use. Market Velocity, Inc. will not be responsible for securing, protecting, keeping secret or otherwise managing any form of data or information that is stored on or otherwise contained in any product that you send to Market Velocity, Inc. (including any computer hard drive, ROM, CD-ROM, disk or other storage media of any form). You bear sole responsibility for removing or securing such data, or for transferring it to a medium under your continuing control.

When packaging your device, be sure to include your operation system software on CD or diskette, the Certificate of Authenticity, end-user license agreement and manuals.

If your system was shipped with a restore CD, each of the above items will be on the restore CD, and not packaged separately.

If you have a Microsoft operating system, please erase the operating system software from your device, unless you do not have a restore CD.

Please ensure you include any documentation and accessories that originally was shipped with your device, these items could include, but are not limited to: warranty cards, keyboard, mouse, and connection cables.

Failure to include these items will impact the value of your trade. If you do not have these items, please contact heliotradeup@marketvelocity.com for further assistance.

Releasing Rights to Your Traded Product

Once you send Market Velocity, Inc. your product, Market Velocity, Inc. 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 said product.

Fitness for Sale

You must own the right, title, and interest in any and all items you seek to sell through the Helio Trade-Up Program. Such items, or the sale and shipment of such items, must not violate any applicable laws, statutes, ordinances, or regulations including export laws. You are responsible for complying with any and all such laws. Any items you seek to sell through the site using Market Velocity services: (1) shall not infringe on third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights), (2) shall not be counterfeit, stolen, or fraudulent.

Misrepresented Product

To receive your redemption check, you must accurately state your current product condition. Market Velocity will perform an inspection upon receipt of your product. If the product condition differs materially from that which you described, Market Velocity reserves the right to re-price your transaction quote using the same condition parameters originally available to you. You agree to state product conditions accurately and to the best of your ability based on the guidelines posted on this site.

Redistribution and Recycling of Products

Market Velocity, Inc. will be solely responsible for ensuring that this product is redistributed and/or disposed of in accordance with applicable Environmental Protection Agency regulations.

Transmission Errors

Market Velocity, Inc. makes every effort to ensure the accuracy of all information that you receive in relation to your traded product. In the event of typographical errors, technical inaccuracies, or product pricing errors or omissions, Market Velocity, Inc. reserves the right to correct the error within seven calendar days of the trade. If Market Velocity corrects the error, Market Velocity will provide you with the following options: (1) to proceed with the transaction based on the corrected information, or (2) to cancel your transaction, in which case we will promptly send your product back whenever possible or replace it with like product (i.e. similar make, model).

Sharing Information with Helio

We will share your basic contact information (name, date of birth, address) with Helio, the sponsor of this trade-in program. Helio may add this information to its customer data base. If it does so, the information will only be used in strict accordance with Helio privacy policies.

No transferability of Trade-Up Redemption

A corporate check for your redemption amount is not transferable: (i) upon death; (ii) as part of a domestic relations matter; or (iii) otherwise by operation of law. Any assignment or attempt to manipulate the Program in violation of these terms and conditions will result in the cancellation of the redemption by Helio and your ability to participate in the Program. Any violations of the foregoing restriction are subject to account termination, and/or liability for damages, litigation, and transaction costs.

Limitation of warranty

1. The Program is being provided to members "AS IS", with no express or implied warranty or condition. To the maximum extent permitted by law, Helio excludes all conditions, representations, warranties and other terms, which might otherwise be implied or incorporated into this agreement whether by statute, common law or otherwise, with respect to the Program, including, but not limited to, implied warranties and terms as to merchantability, satisfactory quality and fitness for any particular purpose and implied warranties and terms arising from course of dealing or course of performance.
2. Although Helio intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Program web site, Helio does not warrant, guarantee or make any representations that this site is free of destructive materials. Helio does not warrant, guarantee, or make any representations regarding the quality of, or accuracy of advertisements for, any merchandise, products, or services offered or provided by partners or suppliers in conjunction with the Program. In addition, Helio does not warrant that access to the site will be uninterrupted or error-free, and Helio assumes no responsibility for any loss or damage caused by your access, or inability to access this site.
3. You acknowledge that you have not relied upon any representation, warranty or other assurance given, or made by, or on behalf of Helio, prior to these terms and conditions; and you waive all remedies which might otherwise be available to you with respect to such representation, warranty or other assurance.

Liability Limitation

In no event will any other company, with which Helio has a corporate relationship or a supplier relationship (each A "corporate participant"), be liable for non-performance of Helio obligations. Helio shall not be liable for any damages, claims or losses incurred (including without limitation compensatory, incidental, indirect, special, consequential, or exemplary damages (including any damages for loss of income or profits), however caused and whether arising by statute, common law or otherwise in connection with: (I) the Program; (II) any failure, delay, or decision by Helio in administering the Program; (III) The use or inability to use the web site or the customer service representatives; or (IV) the purchase or use of any merchandise , products, or services from partners or suppliers, even if Helio, or representatives thereof, are advised of the possibility of such damages, claims, or losses and notwithstanding any failure of essential purpose of essential purpose of any limited remedy.

Changes to the Program

Helio reserves the right to terminate or renew the Program at any time with or without notice. Notification of Program termination will be made via the Helio web site, the Program agency web site, or its customer service representatives. Helio will not be responsible for failing to notify you of Program termination where such failure is caused by your failure to check or limited access to the web site.

Helio may modify the Program from time to time, with or without notice, and your continued participation in the Program, after such modification, shall be deemed as your acceptance of any such modification. It is your responsibility to check the page of the Program web site regularly to determine whether this Program has been modified. If you do not agree to any modification of this Program, you must immediately cease participation in the Program.

Redemption Termination

Your participation in the Program is subject to the Program terms and conditions. Any failure to comply with the Program terms and conditions, any fraud or abuse relating to the accrual or redemption of old equipment, or any misrepresentation of any information furnished to Helio or its affiliates by you, or anyone acting on your behalf, may result in termination of the Program, cancellation of your account and/or forfeiture of your redemption. In the case of fraud, misconduct, or suspected fraud or misconduct by you, or anyone acting on your behalf or under your account password, Helio reserves the right to suspend access to your account indefinitely, pending investigation.

Disputes/Errors

All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of accrual or redemption, must be requested in writing or by calling a customer service representative of Helio agency within 60 days of the qualifying transaction. Any such disputes shall be resolved by Helio or its agent at its sole discretion. Only Helio has authority to interpret the Program terms and conditions in its sole discretion. In case an error is made by Helio, such error shall not constitute a breach of this Program terms and conditions, and your sole remedy shall be a credit equal to the disputed amount.

THESE TERMS AND CONDITIONS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH GEORGIA LAW, AND NO CONFLICT OF LAWS OR PROVISIONS OF ANY JURISDICTION WILL APPLY TO THESE TERMS AND CONDITIONS. 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 ATLANTA, GEORGIA 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.