BlackBerry Recycling Program

THIS BLACKBERRY RECYCLING PROGRAM AGREEMENT (THE "AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU, INDIVIDUALLY IF YOU ARE AGREEING TO IT IN YOUR OWN CAPACITY, OR IF YOU ARE AUTHORISED TO ACT ON BEHALF OF ANOTHER INDIVIDUAL, BETWEEN THE INDIVIDUAL FOR WHOSE BENEFIT YOU ACT (IN EITHER CASE, "YOU" OR “YOUR”), AND RESEARCH IN MOTION LIMITED ("RIM") WHOSE REGISTERED OFFICE IS AT 295 PHILLIP STREET, WATERLOO, ONTARIO, CANADA N2L 3W8 (TOGETHER THE "PARTIES" AND INDIVIDUALLY A "PARTY"). BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON BELOW YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THE TERMS OF THIS AGREEMENT, PLEASE CONTACT RIM AT LEGALINFO@RIM.COM.

1. DEFINITIONS.
   
   1. "BlackBerry Recyclable Item(s)" means: (i) the BlackBerry PlayBook tablet or a non-BlackBerry tablet; (ii) any BlackBerry smartphone or non-BlackBerry smartphone; (iii) any BlackBerry smartphone batteries or non-BlackBerry smartphone batteries; (iv) any peripherals supplied with Your BlackBerry PlayBook tablet, BlackBerry smartphone or non-BlackBerry tablet or smartphone; and/or (v) any electrical accessories supplied with Your BlackBerry Playbook tablet, BlackBerry smartphone or non-BlackBerry tablet or smartphone.
   2. "Information" means any data, content, media, confidential information, personal information and/or any other information that is contained within or that works in conjunction with any BlackBerry Recyclable Item(s).
   3. "Mailing Label" means the electronic version of the pre-paid mailing label for the purpose of printing and affixing to a Package.
   4. "Package" means the envelope, box or package prepared and packed by the Qualified Participant containing the BlackBerry Recyclable Item(s).
   5. "Program" has the meaning ascribed to in Section 2 (Program).
   6. "Qualified Participant" means an individual that: (i) is at least eighteen (18) years of age and has reached the age of majority in the jurisdiction in which the individual is domiciled; (ii) is domiciled in the Territory; and (iii) has the right and authority to enter into this Agreement, either on the individual's own behalf or on behalf of another individual.
   7. "Site" means the BlackBerry Recycling Program web page found at http://us.blackberry.com/recycle.
   8. "Territory" means the United States of America, but does not include the States of Washington, Connecticut and Maine.
2. PROGRAM. The BlackBerry Recycling Program is open to Qualified Participants located in the Territory for the purpose of allowing a Qualified Participant to: (a) print and affix a Mailing Label to a Package; and (b) mail the Package containing the BlackBerry Recyclable Item(s) to the recycling service provider for recycling on Your behalf (the “Program”).
3. PARTICIPATION. You represent and warrant to RIM that You are a Qualified Participant.
4. MAILING. Following Your acceptance of this Agreement, You will be provided with the opportunity to receive a Mailing Label for the purpose of affixing to Your Package and mailing to an authorized service provider. If You print additional copies of the Mailing Label, this Agreement shall apply to any such copies. If You choose not to mail Your Package using the pre-paid postage found on the Mailing Label, any costs for mailing or shipping the Package are Your sole responsibility.
5. PACKAGING. The Package must be packed and mailed in accordance with the instructions provided for in this Agreement, on the Site and on the Mailing Label. In the event of any conflict between any packaging instructions found in this Agreement, on the Site or on the Mailing Label, the instructions found on the Site shall prevail. For any other conflicts between this Agreement, the Site or the Mailing Label, the provisions of this Agreement shall prevail. The contents of the Package must not: (a) contain more than three (3) BlackBerry smartphone batteries and/or non-BlackBerry smartphone batteries; (b) contain BlackBerry smartphones or non-BlackBerry smartphones with the batteries installed in the smartphones; and (c) contain any items other than BlackBerry Recyclable Item(s). Further, if You are including a BlackBerry Recyclable Item(s) with a removable battery in Your Package, such as a BlackBerry smartphone or non-BlackBerry smartphone, tape must be placed over the battery ends before packaging and such battery must be included in the same Package with the BlackBerry Recyclable Item(s).
6. LOSS OF INFORMATION. RIM and/or any RIM Group Company (as hereinafter defined) has no responsibility for the loss of any Information. Prior to mailing the Package and to prevent loss of Your Information, You should back-up, transfer, delete and/or remove any Information from BlackBerry Recyclable Item(s).
7. NO RETURN. Following the mailing of Your Package to the recycling service provider, Your BlackBerry Recyclable Item(s) and any other hardware or peripherals included in the Package cannot be returned to You. You acknowledge and agree that Your shipment of Your BlackBerry Recyclable Item(s) to the recycling service provider constitutes Your relinquishment to all rights in and to the BlackBerry Recyclable Item(s) and any other hardware or peripherals included in the Package.
8. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE LAW, RIM, ON BEHALF OF ITSELF AND ANY COMPANY CONTROLLED BY OR UNDER COMMON CONTROL OF RIM (COLLECTIVELY, THE "GROUP OF COMPANIES" AND INDIVIDUALLY A "GROUP COMPANY") HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL RIM OR GROUP OF COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR AGGRAVATED DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, FAILURE TO REALIZE ANY EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR CORRUPTION OR LOSS OF INFORMATION, DOWNTIME COSTS, LOSS OF THE USE OF YOUR BLACKBERRY PRODUCTS OR SERVICES OR ANY PORTION THEREOF OR OF ANY THIRD PARTY SERVICES OR THIRD PARTY ITEMS, COST OF SUBSTITUTE GOODS, COSTS OF COVER, FACILITIES OR SERVICES, COST OF CAPITAL, OR OTHER SIMILAR PECUNIARY LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR BLACKBERRY PRODUCTS AND SERVICES INCLUDING THE USE OR INABILITY TO USE, PERFORMANCE OR NON-PERFORMANCE OF YOUR BLACKBERRY PRODUCTS AND SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. MODIFICATION/TERMINATION. RIM reserves the right to modify, cancel, terminate or suspend the Program and/or modify this Agreement, in its sole discretion, at any time. You agree that the term of this Agreement shall commence upon Your acceptance of this Agreement in accordance with Section 1 and shall terminate, subject to Section 10 (Survival), upon Your receipt of the Mailing Label.
10. SURVIVAL. Sections 1 (Definitions), 3 (Participation), 4 (Mailing), 5 (Packaging), 6 (Loss of Information), 7 (No Return), 8 (Limitation of Liability), 9 (Modification/Termination), 11 (Governing Law), 12 (Miscellaneous) and this Section 10 (Survival), shall remain in force and effect after the termination or performance of this Agreement or until such time as the You and RIM mutually agree in writing to the release of one or more of the foregoing surviving obligations contained herein.
11. GOVERNING LAW. This Agreement is to be construed under laws of the State of New York, excluding any body of law governing conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Agreement.
12. MISCELLANEOUS. Waiver by RIM of any default will not be deemed a continuing waiver of such default or a waiver of any other default. If any term, provision or sub-section of this Agreement is held to be void, illegal or unenforceable, the validity or enforceability of the remainder of such term, provision or subsection and this Agreement will not be affected. Without limitation, You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not transfer or assign Your rights or obligations under this Agreement. Notwithstanding the foregoing, RIM may assign the performance of its obligations under this Agreement to its affiliated companies and/or third parties.