Internet Pawn Terms of Service Agreement

Welcome to Internet Pawn! We're glad you've chosen to visit us and are eager to be of service to you. The following are the terms and conditions under which you may use the web site of Internet Pawn, Inc., a Colorado corporation ("Internet Pawn") found at www.internetpawn.com ("Website").

Internet Pawn is the industry leader in online pawn transactions. Your use of this Website and the services provided on or related to the Website (hereafter "Services"), is governed by this Terms of Service Agreement (hereafter referred to as "Terms of Service" or "Agreement") and any disputes that may arise are governed by the policies and terms contained herein. All terms and provisions of Internet Pawn Pawn Loans (as defined below) are governed by the terms set forth herein (as well as the terms of our Privacy Policy available at www.internetpawn.com/privacy which are included herein by reference) as well as the additional terms set forth on the Pawn Ticket Agreement (as defined below). Your use of this Website or the Services represents your acceptance of this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE OR ACCESS OUR WEBSITE OR ANY SERVICES OFFERED ON THE WEBSITE.

About Us

Internet Pawn is a licensed pawnbroker in Centennial, Colorado, and complies with applicable city, state and federal regulations governing the purchase of tangible personal property ("Property") with the option to repurchase (each, a "Pawn Loan"). By applying for a Pawn Loan, shipping your Property to our Centennial, Colorado licensed location, and agreeing to the terms of the Pawn Loan ticket agreement concerning the Pawn Loan (the "Pawn Ticket Agreement"), you acknowledge and agree that each Pawn Loan is consummated at our Centennial, Colorado licensed location.

1. Revisions to Pricing; Amendment. This Agreement may be amended by Internet Pawn 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.
2. Eligible Users. Internet Pawn offers its Website and Services only to people who may lawfully enter into and form contracts for purchase of tangible personal property under Colorado 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 Internet Pawn's Services from places where the Services are illegal, is expressly prohibited. If you choose to access our Website from locations other than Colorado, you do so on your own initiative, voluntarily, and at your own risk, and you are solely responsible for compliance with local laws.
3. Membership and Registration. Joining and registering for Internet Pawn's Website is free. To become a registered member ("Member"), we ask you to provide certain Personal Information, as further described in our Privacy Policy. You agree to provide accurate, complete, and up-to-date Personal Information during the registration process, and to maintain the accuracy of such information while you use the Services. When you sign up to become a Member, you will be asked to choose a username and password, which will enable your access to the Service. You are solely responsible for any and all use of your username and password and for maintaining their confidentiality. You agree not to provide your username and password to any other person or to use another member's username and password at any time. You agree to notify us immediately if you suspect any unauthorized use of or access to your username and password. You are responsible for any use or misuse of your account or the Services or the Website resulting from any third party using a password or username issued to you. If you decide to submit a Pawn Loan application, we ask you for additional information in the application, as further described in our Privacy Policy.
4. 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. Internet Pawn 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 www.InternetPawn.com/apply. Please review our FAQ "How It Works" available at: www.InternetPawn.com/Howitworks 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.
   1. Restrictions on our Services. There are some limitations on our Services. We reserve the right to accept Pawn Loans 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: www.InternetPawn.com/RatesandTerms. We do not accept certain types of Property, as further described in our "Items to Pawn" available at: www.InternetPawn.com/Items. While we may be able to make a payment to you within 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 may be additional charges, as well as other factors as further described in our "How It Works" FAQ.
   2. Fees and other Charges. We do charge fees for our Services and 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: www.InternetPawn.com/RatesandTerms. We will charge you applicable taxes, if any. All fees and currency amounts are quoted in U.S. Dollars. Internet Pawn 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 change.

   3. Shipping Procedures. Internet Pawn will provide you a pre-paid shipping label by so that you may ship your Property to us via Federal Express. Alternatively, you may arrange for your own shipping through a carrier of your choice and at your own expense. In the event you use the shipping label provided by Internet Pawn, your Property will be insured for up to $500 by Federal Express. 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 Internet Pawn, you must make a claim against the carrier. If you use the Internet Pawn provided shipping label, and wish to insure your Property with FEDEX for more than $500 or if you wish to ship the items faster than Federal Express 2nd Day Air service, you may do so at your own expense. Internet Pawn may, at your request, pay these additional charges and deduct the amount from your 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 FEDEX shipping insurance coverage, Internet Pawn provides supplementary insurance on your valuable during shipping with FEDEX. This coverage supplements the FEDEX insurance in the event that any actual loss is not fully covered by the FEDEX 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.

      It is your responsibility to ensure that your items are securely and appropriately packaged, including the use of additional and/or item specific packaging. Internet Pawn cannot be held responsible for damage to items sent in inappropriate packaging. Internet Pawn 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 Internet Pawn. 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, Internet Pawn will ship the Property back to you within 2 business days of notice to Internet Pawn of either event. The Property will be shipped either via Federal Express, 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 Internet Pawn with a copy of a current photo ID acceptable to Internet Pawn that reflects the revised address.

5. 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 Internet Pawn) and data mining or scraping through the use of robots, spiders, or otherwise.

   In addition, you may not use the Website, the Services, or any of your communications with Internet Pawn to: (a) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of 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 Internet Pawn, and/or (iii) if sold, would cause Internet Pawn 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). Internet Pawn 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 Internet Pawn 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.

6. Remedies. In addition to any other remedies, at law or in equity, Internet Pawn may have for your breach of this Agreement, we may take the following actions to protect Internet Pawn, 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.
7. Indemnity. You agree to indemnify and hold Internet Pawn, 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.
8. 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 INTERNET PAWN'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. INTERNET PAWN 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. INTERNET PAWN 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 INTERNET PAWN MAKE ANY WARRANTY AS TO ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM INTERNET PAWN'S AGENTS OR REPRESENTATIVES OR THROUGH THE SERVICES PROVIDED BY INTERNET PAWN 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.
9. Limitation of Liability. IN NO EVENT SHALL INTERNET PAWN, 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). INTERNET PAWN'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 INTERNET PAWN, NONE. YOU ACKNOWLEDGE AND AGREE THAT IF YOUR ITEM IS LOST OR DAMAGED WHILE IN INTERNET PAWN'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 INTERNET PAWN ANY OF THE FEES OR CHARGES SET FORTH IN THE PAWN TICKET AGREEMENT.
10. Term and Termination. Until and unless terminated by you or Internet Pawn, your status as an eligible user or Member will continue indefinitely. Internet Pawn 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 Internet Pawn's systems. Your obligations pursuant to Sections 7-9, and 11-14, and the survival provision of this Section 10, shall survive the termination of this Agreement.
11. Governing Law; Dispute Resolution.
    1. Governing Law. This Agreement is governed by the laws of the State of Colorado, USA, without regard to any of its 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, USA in all disputes arising out of or relating to the Website and the Services, except as provided in Section 12.2 below regarding optional arbitration. Notwithstanding the foregoing, you agree that Internet Pawn shall be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.
    2. 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: a) 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; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
    3. Improperly Filed Claims. All claims between you and Internet Pawn must be resolved in accordance with this Section 12. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Internet Pawn may recover attorneys' fees and costs up to $1,000, provided that Internet Pawn has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim.
    4. 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 Internet Pawn's Services, must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
12. Communications. Some of the communications between you and Internet Pawn use electronic means, whether you visit the Site, send us emails, click on a weblink to access the Pawn Ticket Agreement, or whether Internet Pawn posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Internet Pawn in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Internet Pawn 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: support@internetpawn.com, Subject: "Service Agreement".
13. General. This Agreement contains the entire agreement between you and Internet Pawn 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 Internet Pawn 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, Internet Pawn 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.
14. Disclosures. Internet Pawn is located at 7208 South Tucson Way, Centennial, Colorado, 80012. 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.