Pawnit, a licensed DBA of Depot Gun and Pawn, complies with all statutes governing pawnbrokers and the purchase of tangible personal property (“Property”) with the option to repurchase (each, a “Pawn Loan”).
- Revisions to Pricing; Amendment This Agreement may be amended by Pawnit from time to time. If we make material changes to the Agreement, we will notify you through the Service interface or at your primary email address as specified in your Member account information. You agree that such amended Agreement will be effective thirty (30) days after being posted or sent to you, and your continued access to the Website or use of the Service after that time shall constitute your acceptance of the amended Agreement.
- Eligible Users Pawnit offers its Website and Services only to people who may lawfully enter into and form contracts for purchase of tangible personal property under law. If you are not yet of the age of majority, do not have the capacity to enter into contracts, or are accessing this Website from any location where material or Services provided on this Website is prohibited or illegal, you do not have permission to access the Website or the Services. Accessing Pawnit’s Services from places where the Services are illegal is expressly prohibited. If you choose to access our Website, you do so on your own initiative, voluntarily, and at your own risk, and you are solely responsible for compliance with local laws.
- Our Services We provide you with an opportunity to apply for a Pawn Loan. Please note that all Pawn loans are subject to our approval of your application and our evaluation of the Property. Pawnit reserves the right to refuse any Pawn Loan application at any time prior to the completion of the Pawn Loan. To apply for a Pawn Loan, you must complete the Pawn Loan application available here pawnit.com/get-started. Please review our FAQ “How It Works available at pawnit.com/how-does-pawnit-work to learn more about how our process works. The Pawn Ticket Agreement includes information that we are required by law to provide to you, including but not limited to a description of the Property, the term of the Pawn Ticket Agreement, the service charge and all other fees, the annual percentage rate, how to rescind the sale early, and the total amount required to rescind the sale and redeem the Property.
- Restrictions on our Services-There are some limitations on our Services. We reserve the right to accept Pawn Loan applications in our sole discretion. For example, we have a minimum transaction size of $250, as further described in our “Rates & Terms” FAQ available at pawnit.com/faq. We do not accept certain types of Property, as further described on our website, or by calling us at the number shown on our website. We reserve the right to refuse to accept certain types of Property as collateral at our sole discretion. While we may be able to make a payment to you with 24 hours of your submission of a Pawn Loan application, this timing is contingent upon your compliance with our process and shipping instructions and there maybe additional charges, as well as other factors as further described in our “How It Works” FAQ.
- Fees and other Charges-We charge fees for our Services. You will be given an opportunity to review and accept the fees that will be charged in connection with each Pawn Loan. Please review our terms regarding our rates, fees, and other charges at our FAQ “Rates and Terms” available at pawnit.com/faq. We will charge you applicable taxes, if any. All fees and currency amounts are quoted in U.S. Dollars. Pawnit may, in its sole discretion, change our standard fees, rates, and other charges. Any such changes will be posted on the “Rates and Terms” page, and such amended fees and charges will apply to any Pawn Loan entered into after the date of such
- Shipping Procedures-Pawnit will provide you a pre-paid shipping label by so that you may ship your Property to us via UPS. Alternatively, you may arrange for your own shipping through a carrier of your choice and at our own expense. In the event you use the shipping label provided by Pawnit, your Property will be insured for up to $100 by UPS and will be covered by our supplemental insurance policy thereafter. In the event you use your own shipping label and packaging, you must insure your property with the carrier for its full value and if it is lost or stolen prior to reaching Pawnit, you must make a claim against the carrier. If you use the Pawnit provided shipping label, and wish to insure your Property with UPS for more than $100, or if you wish to ship the items faster than UPS 2nd Day Air service, you may do so at your own expense. Pawnit may, at your request, pay these additional charges and deduct the amount from you Pawn Loan proceeds. It is your responsibility to obtain and retain a receipt for shipping from the shipping agent. This receipt should include a unique tracking code, and this receipt will be required for any insurance claim. You must also ensure that you can produce photograph (s) of your Property as well as at least one document per item which will prove ownership and the current value of your Property. In addition to the UPS shipping insurance coverage, Pawnit provides supplementary insurance on your valuable during shipping with UPS. This coverage supplements the UPS insurance in the event that any actual loss is not fully covered by the UPS insurance coverage. The supplemental insurance covers the actual loss based on the current fair market value of your item. Please note that it is your responsibility to keep safe all documentation relating to your Property that would be required in support of an insurance claim, including, but not limited to any purchase receipts, shipping receipts, certificates, valuations, insurance documents or photos.
- Packaging-It is your responsibility to ensure that your items are securely and appropriately packaged, including the use of additional and/or item specific packaging. Pawnit cannot be held responsible for damage to items sent in inappropriate packaging. Pawnit reserves the right to reject delivery of any package which appears to be damaged, opened, or tampered with. Any such item will be returned to you without further liability to Pawnit. Should you make a payment in full to redeem your Property, or decline to proceed with a Pawn Loan after you have shipped your Property, Pawnit will ship the Property back to you within 2 business days of notice to Pawnit of either event. The Property will be shipped either via UPS, Certified Signature required to the postal address listed on the Pawn Ticket Agreement or, in the case of a Property return if you decline to proceed with a Pawn Loan, the most recent postal address you have provided. Should you require the Property to be returned to an address that is
different than the address reflected on the Pawn Ticket Agreement, you must provide Pawnit with a copy of a current photo ID acceptable to Pawnit that reflects the revised address.
- Acceptable Use As a condition of your use of the Website, you agree that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. Prohibited uses include, but are not limited to, competitive analysis (including providing screen shots, which are copyrighted material owned by Pawnit) and data mining or scraping through the use of robots, spiders, or otherwise.
- Product Images We frequently display normal and high resolution photographs of merchandise which we loan upon, buy and sell. While we have attempted to accurately depict these products on this site, because the color you see is dependent on your computer monitor, we cannot guarantee that the color you see will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail.
- Pricing We make every attempt to avoid errors or omissions in pricing and product information. If a mistake does occur, we reserve the right to correct it, and in our sole discretion, to refuse or cancel any order placed for that item at the incorrect price. All prices listed on this site are in U.S. dollars.
In addition, you may not use the Website, the Services, or any of your communications with Pawnit to: (a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of Pawnit or others; (b) offer to sell any Property that infringes or otherwise violates a third party’s rights, including Property that; (i) you cannot legally sell, (ii) is misrepresented to Pawnit, and/or (iii) if sold, would cause Pawnit to violate any law, statute or regulation; (c) provide false, inaccurate, or misleading Personal Information; or (d) violate any applicable government laws or regulations (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising). Pawnit will cooperate with legal authorities and internet service providers in releasing information about users who violate this Acceptable Use Policy.
You agree that you will notify Pawnit immediately of any known or suspected unauthorized use, breach of security, or violation of this Agreement, on or relating to the Website or the Services.
- Remedies In addition to any other remedies, at law or in equity, Pawnit may have for your breach of this Agreement, we may take the following actions to protect Pawnit, a third party, or you from liability: (a) we may close, suspend, or limit your access to your Member account or the Services; (b) we may contact law enforcement, or impacted third parties of your actions; (c) we may update inaccurate Personal Information you provided us; and/or (d) we may refuse to provide our Services to you.
- Indemnity You agree to indemnify and hold Pawnit, its officers, agents, and other partners and their employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of or relating to : (a) your use of the Website or the Service, or (b) arising from your breach of this Agreement.
- Warranty You warrant and represent that you have good and marketable title to the Property, free of all encumbrances of any kind. YOU AGREE THAT USE OF PAWNIT’S SERVICES AND THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. PAWNIT 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. PAWNIT MAKES NO WARRANTY THAT THE SERVICES AVAILABLE THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, NOR DOES PAWNIT MAKE ANY WARRANTY AS TO ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM PAWNIT’S AGENTS OR REPRESENTATIVES OR THROUGH THE SERVICES PROVIDED BY PAWNIT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights, and you may also have other legal rights that vary from state to state.
- Limitation of Liability IN NO EVENT SHALL PAWNIT, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). PAWNIT’S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN CONNECTION (A) WITH OUR PERFORMANCE OF SERVICES TO YOU IS LIMITED TO THE GREATER OF (1) THE AMOUNT OF FEES YOU HAVE PAID TO US IN THE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (2) $100, (B) WITH PROPERTY ON OUR PREMISES DURING THE TERM OF A PAWN LOAN IS LIMITED TO YOUR COST TO COVER THE VALUE OF SUCH ITEM, (C) WITH PROPERTY ON OUR PREMISES PRIOR TO THE TERM OF A PAWN LOAN IS LIMITED TO THE VALUE OF SUCH ITEM AND (D) WITH RESPECT TO PROPERTY WHICH HAS NOT YET BEEN DELIVERED TO AND ACCEPTED BY PAWNIT, NONE. YOU ACKNOWLEDGE AND AGREE THAT IF YOUR ITEM IS LOST OR DAMAGED WHILE IN PAWNIT’S POSSESSION DURING THE TERM OF A PAWN LOAN, YOU ACKNOWLEDGE AND AGREE THAT YOU CANNOT REPURCHASE THE ITEM AND YOUR SOLE REMEDY IS THAT YOU WILL HAVE NO OBLIGATION TO PAY PAWNIT ANY OF THE FEES OR CHARGES SET FORTH IN THE PAWN TICKET AGREEMENT.
- Term and Termination Until and unless terminated by you or Pawnit, your status as an eligible user or Member will continue indefinitely. Pawnit may terminate this Agreement and your access to the Website and related Services at any time, with or without cause, and with or without notice. Upon termination of your right to use the Website, you will no longer have access to any data or information you had previously created, maintained, managed, or stored in the Website or Pawnit’s systems.
- Dispute Resolution
- Optional Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: 1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; 2) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and 3) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims. All claims between you and Pawnit must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Pawnit may recover attorneys' fees and costs up to $1,000, provided that Pawnit has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim.
- Limitation on Actions. You agree that, regardless of any statute or law to the contrary, except as prohibited by law, any claim or cause of action arising out of or related to this Agreement, the Website, or Pawnit's Services, must be commenced within one
(1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
- Communications. Some of the communications between you and Pawnit use electronic means, whether you visit the Site, send us emails, click on a web link to access the Pawn Ticket Agreement, or whether Pawnit posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Pawnit in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Pawnit provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. You may also receive a copy of this Agreement, or any of the Pawn Loan documents, by emailing us at: email@example.com, Subject: "Service Agreement".
- General. This Agreement contains the entire agreement between you and Pawnit regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Notwithstanding any other provisions herein, the parties agree that no person or entity (including any other member) shall be deemed a third-party beneficiary of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Pawnit to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. You may not rent, lease, license, grant a security interest in, or otherwise transfer, assign, or sublicense your rights hereunder to any third party. At any time, Pawnit may, in its sole discretion and without providing notice or obtaining your consent, assign this entire Agreement or delegate some or all of its responsibilities hereunder.
- Disclosures. 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.