Terms and Conditions

1. Introduction and Agreement

These Terms and Conditions (“Terms”) govern your use of the website located at hawksportelectronics.com and all related services offered by Hawk’s Port LLC (“Hawk’s Port,” “we,” “us,” or “our”), a Colorado limited liability company. By accessing our Site or using our services — including submitting a buyback request, purchasing a device, or communicating with us — you agree to be bound by these Terms. If you do not agree, please do not use our Site or services.

2. Services Provided

Hawk’s Port LLC specializes in the acquisition, evaluation, and resale of used consumer electronics (including but not limited to smartphones, laptops, tablets, and gaming devices) and diabetic supplies (including test strips, continuous glucose monitors (CGMs), insulin pumps, and related supplies) (collectively, “Products”).

Our services include:

• Buyback: We purchase used electronics and diabetic supplies from sellers
• Resale: We resell evaluated and tested Products to consumers
• Evaluation and quotes: We assess the condition and value of Products
• In-person meetups, shipped transactions, and online listings

3. Seller Representations and Warranties

By selling a device or supplies to Hawk’s Port LLC, you represent and warrant that:

• You are the lawful owner of the item(s), or are legally authorized to sell them on behalf of the owner
• The item(s) are free from any liens, encumbrances, financing agreements, installment payment plans, or outstanding balances owed to any carrier, lender, or financial institution
• The item(s) are not reported stolen, lost, or flagged in any law enforcement database, and have not been obtained through illegal means
• For electronics: the device has been fully wiped of personal data, is not iCloud Locked, Google Account Locked, Samsung Account Locked, or subject to any MDM/DEP enrollment that prevents activation by a new owner
• For diabetic supplies: the item(s) are unopened (or in stated condition), not expired, and were legally obtained. You are not a licensed medical provider reselling supplies in violation of applicable regulations
• You are at least 18 years of age
• You will provide valid government-issued photo identification as required by Colorado law for secondhand purchases

We reserve the right to refuse, cancel, or reverse any transaction where these representations are found to be false. If a device is later found to be locked, stolen, or misrepresented, we reserve the right to report it to law enforcement and seek recovery of any funds paid.

4. Pricing, Quotes, and Offers

All quotes provided by Hawk’s Port LLC are estimates only and are subject to physical inspection of the item. Final offer amounts may differ from initial quotes based on actual condition, functionality, and market conditions at the time of transaction.

Quotes are valid for 24 hours unless otherwise stated in writing. We reserve the right to adjust or withdraw any offer if the item’s condition does not match the description provided, or if market conditions change materially.

All prices are in U.S. dollars.

5. Payment to Sellers

We pay sellers via the following methods: Cash, CashApp, Zelle, Venmo, PayPal, ApplePay and other digital payment platforms as mutually agreed. We do not guarantee availability of any specific payment method for every transaction.

Payment is made upon successful inspection and acceptance of the item. We reserve the right to adjust payment if the item does not match the agreed description upon inspection.

Hawk’s Port LLC is not responsible for errors caused by incorrect payment information provided by the seller (e.g., wrong CashApp tag or Zelle number). It is your responsibility to verify payment details before the transaction is completed.

6. SMS and Text Message Terms

By providing your phone number and engaging with our services, you consent to receive text messages from Hawk’s Port LLC, including messages sent via automated platforms (GoHighLevel/ResellDeck) and manual messages from our team members.

• Message and data rates may apply
• Message frequency varies based on your transaction and communication preferences
• Reply STOP at any time to opt out of marketing messages
• Reply HELP for support information
• Opting out will not prevent us from contacting you to complete an active, agreed-upon transaction through other means

We do not sell or share your phone number with third parties for their own marketing purposes.

7. Intellectual Property

All content on our Site, including text, images, logos, graphics, and software, is owned by or licensed to Hawk’s Port LLC. You may not reproduce, distribute, or create derivative works from our content without prior written permission.

8. Limitation of Liability

To the fullest extent permitted by applicable law, Hawk’s Port LLC, its members, managers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our services, any transaction with us, or your reliance on any Product evaluation or condition description — even if we have been advised of the possibility of such damages.

Our total liability for any claim arising from a specific transaction shall not exceed the amount actually paid or received in that transaction.

Nothing in these Terms limits our liability for fraud, gross negligence, or willful misconduct.

9. Indemnification

You agree to indemnify, defend, and hold harmless Hawk’s Port LLC and its members, managers, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your breach of these Terms; (b) your misrepresentation of ownership, condition, or legal status of items sold to us; (c) your violation of any applicable law; or (d) your use of our Site or services.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.

Any dispute arising from these Terms or your use of our services shall first be addressed through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in El Paso County, Colorado, under the rules of the American Arbitration Association, unless prohibited by applicable law.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

11. Colorado Secondhand Dealer Compliance

Hawk’s Port LLC operates in compliance with Colorado’s secondhand dealer laws (C.R.S. § 18-13-114 and applicable local ordinances). As required, we may collect and report seller information, including identification, to local law enforcement. By completing a transaction with us, you acknowledge and consent to this reporting as required by law.

12. Changes to These Terms

We reserve the right to update or modify these Terms at any time. Material changes will be posted on our Site with an updated “Last Updated” date. Your continued use of our services after changes become effective constitutes acceptance of the revised Terms. We recommend reviewing this page periodically.

13. Privacy Policy

Your use of our Site and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference and available at hawksportelectronics.com/privacy-policy.

14. Miscellaneous

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Hawk’s Port LLC with respect to your use of our services.

No Waiver: Failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15. Contact Information