YouPawn is NOT a pawnshop, pawnbroker nor a lending institution, nor associated with any government agencies. YouPawn is a technology and services company.
By registering and posting an item on YouPawn you agree to allow other users to contact you through the YouPawn website. These contacts may be anonymous. You agree to allow YouPawn to email you when you receive a new message. While YouPawn makes every effort to prevent spamming, it is impossible to prevent all of it. Please report any unsolicited messages to [email protected].
The profile information entered by you during registration can be made public if you choose. Keep in mind that doing so is at your sole discretion and may reveal your personal identity to the public.
By pawning something on YouPawn.com, you agree to receive offers on your item. While YouPawn does we do guarantee transactions completed through YouPawn.com, we do NOT provide any protection for transactions completed outside of YouPawn.com even if the original communication or connection was initiated on YouPawn.
Here is an explanation of the terms and conditions of the YouPawn pawning process and the steps involved -
(1) Borrower Lists Item: First, the borrower must agree to all the terms and conditions of using YouPawn. By listing an item, you as the borrower is representing that all the information you are posting about the item is accurate. This means that the photos you post of the item are authentic photos of the actual item, and that the item is what you say it is (in other words, if you say it is Cartier, then you agree that it is not a fake). By listing an item you further guarantee that the item you are submitting is not stolen or in your possession by any form of illegal action and that you are the owner of or have legal title and possession of the item. The information and specifications of all items submitted to YouPawn will be submitted to LeadsOnline LLC (www.leadsonline.com) for verification of ownership and to identify any potential liabilities associated with the item to protect investors.
(2) Investor/Lender Applies for Investor Account on YouPawn.com: The other party involved in the transaction is the investor (also sometimes referred to herein as the lender). The investor must also agree to all of the terms and conditions of using YouPawn. As an investor, you acknowledge that investments with YouPawn have inherent risk and that you, as the investor, assume all risks and liabilities associated with lending money or purchasing items.
(3) Investors/Lenders Place an Offer: When an investor places an offer on a particular item, that offer is binding for 10 days. The investor's offer is contingent on the item being shipped to YouPawn, a value appraisal of the item, a verification that the item is authentic, and acceptance of the terms of the loan agreement by the borrower.
(4) Borrower Accepts Offer: When the borrower accepts an offer, he/she will also need to accept the loan agreement with the investor.
(5) Borrower and Investor/Lender Enter Into Loan Agreement: The investor and borrower may use, but are not required to use, YouPawn's loan agreement template. YouPawn makes no representations or warranties regarding the sufficiency or appropriateness of the loan agreement to any particular pawning transaction. Only the borrower and the investor/lender are parties to the loan agreement. By using YouPawn, the borrower and lender agree that in the event that there is a dispute between the borrower and lender, that YouPawn will make reasonable efforts to assist in resolution, but that in no way is YouPawn responsible for any losses or liabilities that may arise from the pawning transaction, including any issues with the loan agreement. YouPawn's participation in the transaction is limited to storing the listed item and releasing the item to the borrower or lender according to the terms of the loan agreement.
(6) Borrower Ships Item: Once the loan agreement is finalized, the borrower is responsible to ship the item to YouPawn. YOUPAWN IS NOT RESPONSIBLE FOR REPLACEMENT OF THE ITEM OR ANY DAMAGE TO THE ITEM IF THE ITEM IS LOST, STOLEN, OR DAMAGED DURING SHIPPING.
(7) YouPawn Appraises Item: Once the item is received by YouPawn, within 2 business days YouPawn will send an appraisal of the item to the borrower and the investor. While YouPawn will attempt to accurately appraise the item, YouPawn does not guarantee the accuracy of its appraisal. Borrower and investor acknowledge and agree that YouPawn's appraisal of the item may be wrong and that the value of items change on a daily basis. Additionally, while YouPawn makes its best effort to verify the authenticity of the item, YouPawn does not guarantee the authenticity of any item.
(8) Investor/Lender Transfers Money to Borrower: Finally, the investor directly transfers funds to the borrower. YouPawn never touches the loan money. Following the transfer of funds to the borrower, one of the following two scenarios will occur:
Scenario A: Borrower repays loan + interest per the terms of the loan agreement. YouPawn ships the item back to the borrower.
Scenario B: Borrower does NOT repay loan + interest according to the terms of the loan agreement. YouPawn holds the item for 30 days (or some other time period), then releases it to the investor/lender.
Transaction is Complete
By visiting the YouPawn.com Site and/or by submitting a pawn application for the Services, or by participating in any transaction, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. In order to participate in certain YouPawn.com Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to YouPawn.com in which you choose to participate, those additional terms are herby incorporated into this agreement. You must be 18 years or older to use the Services.
CUSTOMER TERMS AND CONDITIONS
All pricing provided by YouPawn.com is based upon the accuracy of the information input by you, (hereinafter sometimes, the "Customer"). YouPawn.com will not independently verify, through credit report or any other means, the accuracy of information input by the Customer. Accordingly, the pricing provided by YouPawn.com is subject to change based upon the actual determined value of the item input and described by Customer.
All text, graphics and multimedia content available from the entry point URL http://www.YouPawn.com and pages within that domain (the "Site") and all related code (including but not limited to HTML, other mark-up languages, and all scripts) within this site are the property of YouPawn.com and/or its affiliates, with the exception of certain URL and content (i.e., widgets) that has been provided by third parties and is labeled as such. All material on this Site is protected by copyrights that are owned or controlled by YouPawn.com or by other parties that have licensed their material to YouPawn.com (or posted to the Site pursuant to a user agreement with YouPawn.com). Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other Web site or computer environment is prohibited.
"YouPawn" "YouPawn.com" and the "YouPawn" logo are trademarks and service marks of YouPawn, LLC. All other trademarks, service marks and logos used on this Site are the trademarks, service marks or logos of their respective owners.
LINKS/USE OF MATERIALS
Links to Other Sites: This site may contain links to web sites operated by third parties. YouPawn.com provides these links for your convenience only. We do not control such web sites and are not responsible for their contents. YouPawn.com's inclusion of links to such web sites does not imply any endorsement of the materials on such web sites or any association with their owners or operators.
Links to YouPawn.com: YouPawn.com welcomes links to www.YouPawn.com. You may not, however, state or imply any sponsorship or endorsement of your site by YouPawn.com, unless you have received our written approval to do so. You may use YouPawn.com logo in order to create a link to YouPawn.com from your web site. This is a limited license to use the YouPawn.com logo solely for the purpose of creating such link. You may not vary the appearance of the logo, or any trademarks used in connection with the logo, in any way. You will replace or remove a logo that YouPawn.com determines is not an appropriate display or use of YouPawn.com marks. You may not use on your site any YouPawn.com trademarks, service marks or copyrighted materials or frame or otherwise incorporate any portion of the YouPawn.com site into another web site.
Use of Other YouPawn.com Materials: In addition to the limited license to use the YouPawn.com logo, you may download our graphics and text for personal use, but you may not, under any circumstances, without YouPawn.com's express written consent, use them for commercial purposes or public display. (Please see "Commercial Purposes Use" below). You are not permitted to download any other YouPawn.com material, including code or software, for any purposes whatsoever. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute the YouPawn.com materials in any way.
Commercial Purposes Use: Before you use any of the YouPawn.com materials for commercial purposes, you must receive YouPawn.com's express written consent. In order to obtain that consent, please send an e-mail to [email protected] with the following information: (a) your name, position, organization, address and telephone number; (b) the YouPawn.com content, text or graphics you want to use; (c) where, how and when you will be using the materials; (d) to whom the materials will be distributed, in what amount and for what purpose; and (e) other information that will be included with the YouPawn.com material. We will send you an e-mail letting you know whether or not we grant permission for your use of the material. This decision will be made at YouPawn.com's sole discretion.
If you do use YouPawn.com materials, you may not remove any copyright or proprietary notices from the materials and you must comply with any proprietary notice guidelines on this Site.
TERMINATION OF SERVICE
We may terminate or suspend your access to the Site at any time, in our sole discretion, without cause and/or without notice. Upon termination, your right to use the Site stops immediately. ONCE THE SERVICES ARE CANCELLED OR SUSPENDED, ANY DATA YOU HAVE STORED ON YOUPAWN.COM'S SYSTEMS MAY NOT BE RETRIEVED LATER.
SUBMISSIONS/USE OF SITE COMMUNICATION TOOLS
You agree not to use the Site or the Site Communication Tools: (1) in connection with chain letters, junk e-mail, junk phone messages, junk faxes, spamming, or any duplicative or unsolicited messages (commercial or otherwise); (2) to harvest or otherwise collect information about others, including e-mail addresses, without their consent; (3) to create a false identity or forged e-mail, telephone, or facsimile address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin messages; (4) to transmit unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature; (5) to transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, or right of publicity; (6) to libel, defame or slander any person or entity, or infringe any person's publicity or privacy rights; (7) to transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; (8) to violate any U.S. law regarding the transmission of technical data or software exported from the United States; (9) to interfere with or disrupt networks connected to the Site Communication Tools or violate the regulations, policies, or procedures of such networks; (10) to attempt to gain unauthorized access to the Site Communication Tools, other accounts, computer systems, or networks connected to the Site Communication Tools, through password mining or any other means; (11) to interfere with another person's use and enjoyment of the Site Communication Tools or the Site or another entity's use and enjoyment of similar services; (12) to solicit funds via the telephone utilizing computer automated voice; or (13) to engage in any other activity that YouPawn.com reasonably believes could subject it to criminal liability or civil penalty or judgment. You will defend and indemnify YouPawn.com and any of its suppliers, partners or affiliates for any loss or damage they may suffer as a result of your breach of this provision.
MODIFICATIONS TO TERMS AND CONDITIONS
NO WARRANTIES / LIMITATION OF LIABILITY
YouPawn.com intends for the information contained on its Site to be accurate and reliable; however, errors sometimes may occur. In addition, YouPawn.com may make changes and improvements to the information provided herein at any time.
YOUPAWN.COM PROVIDES ITS SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS THE USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUPAWN.COM, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A "YOUPAWN.COM PARTY," AND COLLECTIVELY, THE "YOUPAWN.COM PARTIES") MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE YOUPAWN.COM PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF CUSTOMERABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL ANY YOUPAWN.COM PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SITE, EVEN IF SUCH YOUPAWN.COM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES PROVIDED THEREBY, YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY YOUPAWN.COM PARTY WITH RESPECT TO THE SITE OR YOUR USE THEREOF, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. YOUPAWN.COM MAY CHANGE THE SITE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF THESE TERMS AND CONDITIONS, THE YOUPAWN.COM PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF THESE TERMS AND CONDITIONS, YOUPAWN.COM IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless, YouPawn.com, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions by you. YouPawn.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with YouPawn.com in asserting any available defenses.
If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
YouPawn.com may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. The failure of YouPawn.com to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision.