PawnUp.com Terms of Service Agreement
The following are the terms and conditions under which you may use PawnUp.com
's website, found at www.pawnup.com
"), or any of PawnUp.com
's services (the "Services
"), including, but not limited to, pledging personal property to PawnUp.com
in exchange for a loan (each, a "Pawn Loan
") or selling your personal property (your “Property
”) to PawnUp.com.
Your use of PawnUp.com
's Website and/or Services is governed by this Terms of Service Agreement (the "Terms of Service
"). Any disputes that may arise in the course of your use of PawnUp.com
's Website or Services are governed by these Terms of Service. These Terms of Service shall be deemed to include the terms of PawnUp.com
) as well as any additional terms set forth in an Agreement for Purchase with Option to Repurchase (each, an “Agreement
”) between you and PawnUp.com.
YOUR CONTINUED USE OF PAWNUP.COM'S WEBSITE AND/OR SERVICES REPRESENTS YOUR COMPLETE ACCEPTANCE OF THESE TERMS OF SERVICE.
PawnUp.com complies with all applicable municipal, state and federal laws and regulations governing pawnbrokers. By entering into an Agreement with PawnUp.com, you acknowledge, agree and accept that your Agreement is consummated at PawnUp.com's office in Centennial, Colorado.
- Amendment. These Terms of Service may be amended by PawnUp.com from time to time. If there are material changes made to these Terms of Service, we will notify you at your email address provided in your Member Account information. The Terms of Service, as amended, shall be effective thirty (30) days after notice is sent, and your continued use of the Website or Services after that time will represent your full acceptance of the amended Terms of Service. If you do not agree with the amended Terms of Service, you must notify us in writing within the thirty (30) day notice period of your intention to cease all use of the Website and the Services. In particular, if you have entered into an Agreement and you wish to terminate that Agreement and repurchase your Property prior to the end of the term as set out in your Agreement, you must pay all amounts owing pursuant to your Agreement within the thirty (30) day notice period, failing which you will be deemed to have accepted the amended Terms of Service.
- Eligible Users. By using PawnUp.com's Website or Services you certify that you are a resident of the United States of America, have reached the age of majority in your jurisdiction of residence and possess the capacity to enter into a legally binding contract. PawnUp.com will not be responsible for any consequences flowing from the use of its Website or Services in a jurisdiction in which the contents of the Website or Services are illegal or prohibited. By using PawnUp.com's Website or Services you also agree to indemnify PawnUp.com for all reasonable losses suffered, including legal costs, in the event that you do not meet the foregoing requirements or in the event that your use of the Website or Services violates any laws or prohibitions in your jurisdiction. For greater clarity, if you are accessing the Website or using the Services from a location other than Centennial, Colorado, you are doing so at your own risk and you are solely responsible for complying with the local laws in your jurisdiction.
- Our Services: PawnUp.com provides you with the opportunity to sell your Property to PawnUp.com, with an option to repurchase your Property within a specified time, via the Website. All Agreements with PawnUp.com are subject to PawnUp.com's approval of your application and our evaluation of your Property, all in PawnUp.com's sole discretion. PawnUp.com reserves the right to refuse to enter into an Agreement with any person at any time. To enter into an Agreement you must complete the online application that is available at www.PawnUp.com. Please review the Frequently Asked Questions page at PawnUp.com/faq.php to learn more about how our process works. The Agreement will include the information that we are required to provide to you by law, including (but not limited) to a detailed description of your Property, the term (duration) of the Agreement, the annual rate of interest charged for your loan, and the amount of money required to repurchase your Property.
Restrictions on Services.
While PawnUp.com attempts to deposit funds in your bank account within 24 hours of entering into an Agreement with you, PawnUp.com will not be held liable for any delays resulting from incorrect or incomplete information provided in your Member Account, application, or Agreement, or any delays caused by circumstances beyond PawnUp.com's control.
PawnUp.com will not accept any items:
- from a person who is under the age of majority in their jurisdiction of residence;
- from a person whose identity cannot be confirmed by an identification paper or other document;
- sent to any location other than the location specified by PawnUp.com;
- any items prohibited by law including, but not limited to, any switchblade knife, ay knife whose blade is detachable from its handle, any knife whose blade opens by any mechanical means, any gravity knife, any throwing star, any brass or metallic knuckes or other items commonly used for and designed for the purpose of beating or striking others, any nunchaku, blackjack, or billy club, or any property with missing or altered serial numbers on items that are likely to or commonly known to have serial numbers.
Required Information. Before PawnUp.com can complete an Agreement, the following information must be included in the Agreement:
- full description of the item, identifying its nature and the following characteristics: the color, brand name, size, weight and model;
- title, in the case of a book, a compact disk or a digital videodisk;
- number of the Regie du cinema, in the case of a film;
- information required in section 155 of the Highway Safety Code (R.S.Q., chapter C-24.2) and a photo, in the case of a motor vehicle;
- serial number and any other distinctive feature;
- family name and first name, full address, date of birth, and a description of the physical features of the person that pawns an item, as well as the number of an identification document with photo, or any other required document confirming such person's identity;
- written declaration of your ownership of the Property stating that you own each item of Property in its entirety and setting out how long you have owned it, and if the Property was found by you or someone else, the details of the finding.
If the item being pawned is a jewel, the description must also include the number of carats, the weight in grams, and all visible inscriptions. In addition, a picture of the jewel must be provided.
Unwillingness or inability to provide the required information may result in PawnUp.com's refusal to provide any Services to you.
- Currency. All amounts of money quoted by PawnUp.com are quoted in United States Dollars.
- Shipping Procedures. PawnUp.com will ship your items for free via FedEx. At your option, you may ship your Property to PawnUp.com using a carrier of your choice at your own expense. If you choose to ship your Property using your own carrier, insurance against loss or damage must be arranged by you, and in the event that your Property is lost, stolen or damaged while being shipped to PawnUp.com it will be your sole responsibility to make any claims against your carrier. If you are shipping your Property using the shipping services provided by PawnUp.com, your Property is automatically insured by Pawnup.com for the current market value of your item(s). If you would like your Property to be shipped faster than the service provided by PawnUp.com, you may make these arrangements at your own expense. It is your sole responsibility to retain the shipping receipt from the carrier, regardless of whether you use the shipping services provided by PawnUp.com or your own carrier. Such receipt must include a unique tracking ID, and such receipt shall be required in case of any insurance claims. Also, you must be able to produce a photograph (or photographs) of your Property and have at least one (1) document for each item that can prove your ownership and the current value of your Property. Please be informed that it is your personal responsibility to keep safe all the documents that are related to your Property that may be required to support any possible insurance claims, including, but not limited to, any receipts of the purchase, shipping receipts, evaluations, certificates, as well as any insurance documents.
It is your personal responsibility to make sure that all your items are appropriately and securely packaged. PawnUp.com will not be held responsible for any damage to your Property during shipping. PawnUp.com reserves the right to reject the delivery of any package that appears to be opened, damaged, or tampered with. All such items will be returned to the sender without any further liabilities to PawnUp.com.
Should you choose to repurchase your Property, or decide not to proceed with an Agreement after you shipped your Property, PawnUp.com will ship your Property back to you upon receipt of the full payment of the amount required to repurchase your Property or of the receipt of notice that you do not wish to proceed with an Agreement. The Property will be shipped via Fedex, or a carrier of your choice (at your own expense). If you would like your Property returned to you using a carrier of your choice, you are responsible for arranging for the Property to be picked up from PawnUp.com's location and for providing the details of such arrangements to PawnUp.com at the time you repurchase your Property or at the time you notify PawnUp.com that you do not wish to proceed with the Agreement. If PawnUp.com arranges to return your Property via Fedex, a signature will be required to accept the delivery of the Property. The Property will be shipped to the postal address that was indicated on your Agreement or, in case of a Property return, should you decide not to proceed with an Agreement, the current mailing address that you have provided in your Member Account. If you require the Property to be shipped to an address other than the address that was reflected on your Agreement or in your Member Account, as the case may be, PawnUp.com will require you to provide a copy of your current photo ID that is acceptable to PawnUp.com, which bears the desired shipping address.
- Acceptable Use. You agree that you will not use PawnUp.com's Website for any purposes that are unlawful, or are prohibited by these Terms of Service. Such prohibited uses include, but are not limited to, competitive analysis (including making screen shots that contain copyrighted material owned by PawnUp.com) and any data mining or "scraping" with the use of specialized software, "robots", "spiders", or otherwise.
You further agree not to use PawnUp.com's Website, Services, or any of your communications with PawnUp.com to: (a) abuse, defame, harass, threaten or violate the legal rights (such as privacy) of others in any way; (b) make an offer to sell any Property that infringes or violates any other party's rights, including offering to sell Property that: (i) you cannot sell legally, (ii) was misrepresented to PawnUp.com, and/or (iii) if sold, would cause PawnUp.com to violate any laws or regulations; (c) provide inaccurate, false or misleading personal information; or (d) violate any applicable laws or regulations (for instance, those that govern financial services, unfair competition, consumer protections, anti-discrimination, false advertising, etc.). PawnUp.com will cooperate with the legal authorities and internet service providers in providing information about the users who violate this section of these Terms of Service.
You agree that you will notify PawnUp.com immediately about any suspected or known unauthorized use, breach of security, or violation of these Terms of Service, on or relating to PawnUp.com's Website or Services.
- Remedies. In the event that you breach these Terms of Service, PawnUp.com may, in addition to seeking any available legal remedies, undertake any or all of the following actions: (a) suspend, limit or close your access to your Member Account or to PawnUp.com's Services; (b) contact and engage the assistance of law enforcement; (c) contact and inform any third parties likely to be impacted by your actions; (d) update any inaccurate personal information that you provided; and/or (e) completely cancel the provision of Services to you.
- Indemnity. You agree to hold PawnUp.com, its agents, directors, officers, employees, affiliates, subsidiaries or suppliers harmless for the claims of any third party arising from your use of PawnUp.com's Website or Services, or from your breach of these Terms of Service. You further agree to indemnify PawnUp.com for any legal costs incurred in defending such claims.
- Declaration. You hereby declare that any Property you pawn or sell to PawnUp.com is free of any mortgages, liens or other encumbrances. You confirm that the Property you pawn or sell to PawnUp.com belongs to you and you have the authority to dispose of it. In the event of any claim to ownership of the Property by a third party, you agree to indemnify PawnUp.com for any losses or damages incurred, including any legal costs incurred by PawnUp.com because of that claim.
- Warranty. YOU AGREE THAT THE USE OF PawnUp.com'S WEBSITE AND/OR SERVICES IS AT YOUR OWN RISK AND THAT ANY SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY LAW, PawnUp.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PawnUp.com MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR PARTICULAR REQUIREMENTS, OR THAT THEY WILL BE, UNINTERRUPTED OR ERROR FREE, NOR DOES PawnUp.com MAKE ANY WARRANTY AS TO THE ACCURACY OR THE RELIABILITY OF ANY INFORMATION OBTAINED FROM THEIR WEBSITE. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM PawnUp.com'S REPRESENTATIVES OR AGENTS, OR THROUGH ANY SERVICES PROVIDED BY PawnUp.com SHALL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED HEREIN.
Limitation of Liability. PawnUp.com, its agents, directors, officers, employees, affiliates, subsidiaries or suppliers will not be held liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the use of PawnUp.com's Website or Services (however arising, including negligence).
PawnUp.com's liability, and the liability of its agents, directors, officers, employees, affiliates, subsidiaries or suppliers, to you, or any third parties, in connection with:
- an Agreement (except for a claim for the damage or loss of the Property), is limited to the amounts paid by you over the course of the Agreement that is the source of the claim;
- the loss or damage of Property on PawnUp.com's premises during the term of an Agreement, is limited to the market value of such Property at the time that the liability is claimed less the amount paid to you pursuant to the Agreement and any outstanding amounts owing to PawnUp.com pursuant to the Agreement;
- the loss or damage of Property on PawnUp.com's premises prior to the execution of an Agreement, is limited to the market value of such Property.
- Term and Termination. Unless and until terminated by you or PawnUp.com, your Member Account will remain active and you will continue to have access to PawnUp.com's services indefinitely. PawnUp.com reserves the right to terminate your membership and to restrict or deny outright your access to PawnUp.com's Website or Services at any time, with or without cause, and with or without notice. Upon the termination of your right to use PawnUp.com's Website, you will no longer be able to access any data or information you had previously created, managed, maintained, or stored with PawnUp.com. Your obligations pursuant to Sections 11-13, and 16-18, and the survival provision of this Section 15, shall survive the termination of your membership or any other agreement between you and PawnUp.com.
Governing Law and Dispute Resolution. Your use of PawnUp.com's Website or Services, and any agreement entered into between you and PawnUp.com is governed by the laws applicable in the City of Centennial, Colorado, without regard to any conflict of law provisions that would require the application of the laws of another jurisdiction. You hereby consent to the exclusive jurisdiction of, and venue in, courts located in Centennial, Arapahoe County, Colorado, U.S.A., in all disputes arising out of or relating to the use of PawnUp.com's Website and Services. Notwithstanding the foregoing, you agree that PawnUp.com shall be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.
- Improperly Filed Claims. All claims between you and PawnUp.com must be resolved in accordance with Sections 16-18. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, PawnUp.com may recover its legal costs from you in responding to such claim.
- Limitation on Actions. You agree that any claim or cause of action arising out of or related to the use of PawnUp.com's Website or Services must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
- Communications. PawnUp.com communicates primarily through electronic means. For contractual purposes, you (a) consent to receive communications from PawnUp.com in an electronic form; and (b) agree that all, agreements, notices, disclosures, and other communications that PawnUp.com provides to you electronically satisfy any legal requirement that such communications be in writing. You may also receive a copy of these Terms of Service, or any of the documents relating to your use of PawnUp.com's Services, by emailing us at: support@PawnUp.com.
- Disclosures. PawnUp.com is located at 3989 E. Araphoe Road, Suite 120, Centennial, Colorado, 80122. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at: http://www.en.wikipedia.org/wiki/List_of_Content_Control_Software.