Pawnballs.com Website Terms and Conditions of Use
1. Acceptance of Terms
Quick Cash Inc. (referred to in this Agreement as “Quick-Cash,” “Company,” “we,” or “us”) provides the pawnballs.com website (the “Website”) and the products and services offered on the Website (collectively, the “Offerings”), subject to your compliance with the following Terms and Conditions of Use (the “Terms”), as well as any other written agreement(s) between us and you.
We reserve the right to supplement or revise these Terms from time to time. You understand, acknowledge, and agree that it is your responsibility to periodically review these Terms from time to time. By continuing to use this Website and Offerings after any modifications to these Terms, you will be deemed to have acknowledged and accepted the modified Terms.
As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies under common ownership, officers, directors, employees, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Website and/or contents and Offerings available on this Website.
*PLEASE READ CAREFULLY*
BY USING THIS WEBSITE AND OFFERINGS ON THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITEIS TO CEASE USING THE WEBSITE.
2. Purchases
All Offerings listed on this Website must be purchased at one of our store locations.
Please call the store to check for availability and pricing.
3. Offerings
a. Offerings. Quick Cash provides a number of Offerings for users on this Website, including the sale of items made from gold, silver and other precious metals or stones. The sale of all items is subject to the terms herein and those in set forth in our Return Policy.
b. No Guarantee. Although Quick Cash works hard to provide quality Offerings and up-to-date inventory information on the Offerings, you understand and acknowledge that we cannot promise or guarantee specific results from using the Website or the availability of Offerings that may be listed on the Website. The Offerings are listed on an “AS AVAILABLE” basis, and we make no representations or guarantees that a particular Offering that is “out of stock” will be re-stocked or made available in the future.
In addition, although Quick Cash works hard to keep listed pricing of Offerings, particularly gold, silver, other items made of precious metal or stone, or any other item, the prices of these and similar items change daily based on the market price of such materials. We make no guaranty, warranty or representation that the prices listed on any items on this website will be the same as the price of an item on the date of your purchase. We recommend that you contact us to check pricing and availability of any item you are considering purchasing.
c. Temporary Interruptions. You understand, acknowledge, and agree that temporary interruptions of the Website may occur as normal events that are either out of, or within, our control. You also understand, acknowledge, and agree that we have no control over the third-party networks or service(s) that we may use to provide you with the Offerings listed on the Website. You understand, acknowledge, and agree that the Offerings listed on this Website are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
4. Website Conduct, Posting Policies & Third-Party Websites.
a. User-Created Content Guidelines.
Your use of the Website is subject to all applicable federal, state, and local laws and regulations, and you are solely responsible for any comments or posts you leave on the Website. By posting information on the Website, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Website, you agree that you will not post comments, messages, links, code, or other information that:
· Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
· Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
· Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
· Consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
· Contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
· Breaches the security of, compromises, or otherwise allows access to secured, protected, or inaccessible areas of this Website, or attempts to gain access to other networks or servers via your account on this Website;
· Impersonates any person or entity, including any of our employees or representatives.
b. No Endorsement. Quick Cash neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Website. Although we do not pre-screen, police, or monitor comments posted on the Website, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Website, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
c. Third-Party Websites and Information. This Website may redirect or link to other websites on the Internet or may otherwise include references to information, products, or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material, or policies that some may find inappropriate or personally objectionable. You understand, acknowledge, and agree that we are not responsible for the accuracy, completeness, decency, or legality of content hosted by third-party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Website or party by us, or any warranty of any kind, either express or implied.
d. Promotions. From time to time, Quick Cash may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on the Website. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties, or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence, promotion, or related transaction.
5. Our Intellectual Property.
a. Content. For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Website and is owned by Quick Cash or our affiliates.
b. Ownership of Content. By accepting these Terms, you agree that all content presented to you on this Website is protected by any and all intellectual property and/or other proprietary rights available within the United States and is the sole property of Quick Cash or its Affiliates.
Certain of the ideas, software, and processes incorporated into the Offerings available on this Website are protected by patent applications that may be or are pending in the United States.
c. Limitations on Use of Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Website in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of the Website content violates our intellectual property interests and could result in criminal or civil penalties.
d. No Warranty for Third-Party Infringement. Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties.
6. Disclaimers.
You should read the following disclaimer carefully:
ALL MERCHANDISE PURCHASED FROM US IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE MERCHANDISE WILL MEET YOUR REQUIREMENTS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS. THE ONLY WARRANTY PROVIDED IS THAT WHICH MAY BE PROVIDED BY THE MANUFACTURER OF THE PRODUCT.
THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS. THE USE OF THE OFFERINGS OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT FROM US IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE WEBSITE, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES, OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT OFFERINGS ON THIS SITE SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, OR MERCHANDISE PURCHASED FROM US. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE GOVERNED BY OUR REFUND POLICY.
Indemnification:
You agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorneys’ fees, claimed by anyone that may arise from your use or misuse of this Website or any merchandise purchased from us. We reserve the right, at your expense, to assume the exclusive defense and control of any claim(s) asserted against us subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
7. Arbitration Provisions.
IT IS IMPORTANT THAT YOU READ THIS ARBITRATION PROVISION CAREFULLY, AS IT SETS FORTH THE CIRCUMSTANCES AND PROCEDURES UNDER WHICH YOUR CLAIMS (AS DEFINED BELOW) AGAINST QUICK CASH WILL BE RESOLVED BY BINDING ARBITRATION. THIS MEANS THAT YOU WILL NOT HAVE THE RIGHT TO LITIGATE CLAIMS IN COURT OR HAVE A JURY TRIAL. YOU ARE ALSO WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS ACTION ARBITRATION OR OTHER REPRESENTATIVE ACTION WITH RESPECT TO SUCH CLAIMS.
a. Binding Arbitration. Any Claim (as defined below) by you against Quick Cash directly or indirectly arising from or relating in any manner to any purchase or transaction at Quick Cash or any other services provided by Quick Cash shall be resolved by binding arbitration.
As used in this Arbitration Provision, the term “Claim” shall be given the broadest possible meaning and include any claim, dispute or controversy of every kind and nature, whether preexisting, present, or future, whether based in law or equity, whether based on statute, contract, regulation, ordinance, tort (intentional or otherwise), common law, constitutional provision, or any other legal theory and whether such claim seeks as remedies money damages, penalties, injunctions or declaratory or equitable relief. “Claim” includes challenges to the validity, enforceability or scope of this Arbitration Provision or the Terms. “Claim” also includes initial claims, counterclaims, cross-claims, and third-party claims.
Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim by you against Quick Cash shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the rules of procedures of the arbitration organization to which the Claim is referred in effect at the time the Claim is filed (the “Arbitral Rules”), except to the extent the Arbitral Rules conflict with this Arbitration Provision. Claims shall be referred to either Judicial Arbitration & Mediation Services, Inc. (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of either of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select the other organization listed to serve as arbitration administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact (1) JAMS at 620 Eighth Avenue, New York, NY 10018; www.jamsadr.com, (2) AAA at 335 Madison Avenue, New York, NY 10017, www.adr.org. In addition to the arbitration organizations listed above, Claims may be referred to any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed by a court pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sections 1-16, provided that any such arbitration organization and arbitrator(s) will enforce the terms of this Arbitration Provision.
b. Class Action Waiver. Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to Claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
c. Arbitration Procedures. This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16 (“FAA”). The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law. The arbitrator is authorized to award all available remedies permitted by law. Judgment upon the written arbitral award may be entered in any court having jurisdiction.
d. Location of Arbitration/Payment of Fees. The arbitration shall take place in the federal judicial district of your residence or where your transaction with Quick Cash was conducted. Irrespective of who prevails in arbitration, for any non-frivolous Claims you will only be responsible for paying your share, if any, of the arbitration and arbiter fees and/or expenses required by the applicable Arbitral Rules, which amount shall not exceed the filing fees you would have incurred if the Claim had been brought in the appropriate state or federal court closest to your residence and we will pay the remainder of any arbitration and arbiter fees and/or expenses. We will not seek to recover from you any of our attorney fees, costs, or expenses in arbitration.
e. Small Claims Court Exception. Small claims court means a court having jurisdiction over claims of $2,500, or less (“Small Claims Court”). We agree not to invoke our right to arbitrate an individual Claim you may bring in Small Claims Court so long as the Claim is pending only in that court. However, if that Claim is transferred or appealed to a different court, we reserve our right to elect arbitration at such time.
f. Court and Jury Trials Prohibited, Other Limitations on Legal Rights. BY AGREEING TO THIS ARBITRATION PROVISION (I) YOU WILL NOT HAVE THE RIGHT TO PURSUE THOSE CLAIMS IN COURT AND (II) YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING YOUR RIGHT TO A JURY TRIAL. YOUR ABILITY TO OBTAIN INFORMATION FROM US MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
8. Miscellaneous.
a. Survival of Provisions. Your obligations contained herein, including but not limited to, the disclaimers, limit of liability and indemnification contained herein shall survive the purchase of any merchandise from us.
b. Cancellation. We reserve the right at any time and from time to time with or without cause, to terminate your account. Our cancellation is immediately effective upon delivery of the communication whether or not received by you. In the event of such cancellation, we shall not be liable to you for damages of any kind.
c. Exclusion of Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND WE AGREE THAT (A) EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, (B) WE BOTH HEREBY WAIVE ANY RIGHT TO BRING CLAIMS AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (C) UNLESS BOTH YOU AND WE AGREE TO THE CONTRARY, MORE THAN ONE PARTY’S CLAIMS MAY NOT BE CONSOLIDATED OR JOINED BY THE APPLICABLE COURT AND (D) ANY RELIEF AWARDED TO YOU CANNOT AFFECT OTHER USERS AND VICE VERSA.
d. Notices. You agree to allow us to submit notices to you either through the most recent email address provided, or to the address we have on record. Any notices or communication to us must be sent in writing to Quick Cash, Attn: President, 167 Lloyd Avenue, Florence, KY 41042. Notices will be deemed effective on you upon delivery and effective on us upon receipt.
e. No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Website.