TERMS AND CONDITIONS FOR USE OF WEBSITE
Applicable Law. ADAM SHALIT, LLC (“Pawn212”) is a New York limited liability company. It is a licensed New York pawnbroker located in the City of New York, New York. Pawn212 is subject to, and complies with, New York statutes governing pawnbrokers and pawn loans. By applying for a Loan, shipping your Property to our New York, New York location, and agreeing to the terms of the Loan Contract concerning your Loan, you acknowledge and agree that your Loan is consummated at our New York, New York location and is subject to New York law. Any Loan made or denied by Pawn212 or claim relating to this website or services provided through this Website is governed by the laws of the State of New York, 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 New York, New York, USA in all disputes arising out of or relating to the Website and the services provided in or through this Website. Notwithstanding the foregoing, you agree that Pawn212, at its sole discretion, shall be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.
Eligible Users. Pawn212 offers its Website and Services only to people who may lawfully pawn tangible personal property under New York law. If you are not yet 18 years old, do not have the capacity to enter into contracts, or are accessing this Website from any location where material or Services contained in or provided on this Website is prohibited or illegal, you do not have permission of Pawn212 to access the Website or the services provided in or through this Website. Accessing Pawn212’s services from places where it would be illegal for Pawn212 to provide its Loan services is expressly prohibited. If you choose to access our Website from locations outside the state of New York, you do so on your own initiative, voluntarily, and at your own risk, and you are solely responsible for compliance with local laws.
Loan Application. There is no charge to apply for a Loan. To apply for a Loan, you must complete the Loan application to get started. To learn more about how our process works please contact us. You may be required to provide a current, government issued ID as part of executing your Loan Application. You must provide certain personal information, as further described in our Privacy Policy. You agree to provide accurate, complete, and up-to-date information during the registration process, and to maintain the accuracy of such information while you use the services.
Right to Refuse to Loan. We provide you with an opportunity to apply for a Loan. All Loans are subject to our approval of your application and our evaluation of the Property, in our sole discretion. Pawn212 reserves the right to accept or reject any Loan application at any time prior to the completion of the Loan, for any or no reason. We have a minimum Loan amount of $500 and we do not accept certain types of property. We reserve the right to refuse to accept other types of Property as collateral at our sole discretion.
The Loan Contract includes information that we are required by New York law to provide to you, including but not limited to a description of the Property, the term of the Pawn Loan, the service charge and all other fees, the annual percentage rate, how to renew the Loan, if you should want to, and the total amount required to Redeem the Loan and have your Property returned to you.
Timing of Loan. While we may be able to initiate a payment to you within 24 hours of your completion of a 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. We DO NOT warrant or guarantee that any Loan Application will be approved and the Loan made within any particular time period.
Fees and Charges. We charge fees for our services, as authorized under New York law. You will be given an opportunity to review and accept the fees and APR that we will charge in connection with each Loan. We will charge you applicable taxes, if any. All fees and currency amounts are quoted in U.S. Dollars. Pawn212 may, in its sole discretion and as permitted under New York law, change our standard fees, rates, and other charges. Any such changes will be emailed to current and past clients and such amended fees and charges will apply to any Pawn Loan entered into after the date of such change.
Shipping Procedures. Pawn212 will provide you a pre-paid shipping label so that you may ship your Property to us via Federal Express (“FEDEX”). 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 Pawn212, your Property will be insured for up to $100 by FEDEX and will be covered by our supplemental insurance carrier thereafter. Pawn212 provides supplementary insurance on your property 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. In the event you use your own shipping label and packaging, it is your obligation to insure your property with the carrier, and if the property is lost or stolen prior to reaching Pawn212, you must make a claim against the carrier, and Pawn212 will have no liability. If you use the Pawn212 provided shipping label, you must package your item in accordance with any shipping instructions to qualify for insurance. DEVIATION FROM THE STATED SHIPPING INSTRUCTIONS WILL VOID THE SHIPPING INSURANCE. 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. In the event you make a claim, you must provide photograph(s) of your Property as well as proof of ownership and of the current value of your Property. Please note that it is your responsibility to keep 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. Pawn212 is not responsible for damage to items sent in inappropriate packaging. Pawn212 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 Pawn212. Should you make a payment in full to redeem your Property, or decline to proceed with a new Loan after you have shipped your Property, Pawn212 will ship the Property back to you within 3 business days of either event. The Property will be shipped via Federal Express, Certified Signature required to the postal name and address listed on the Pawn Ticket or, in the case of a Property return if you decline to proceed with a Loan, the most recent name and 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 Loan Contract, you must provide Pawn212 with a copy of a valid state issued photo ID acceptable to Pawn212 that reflects the revised address.
Prohibited Use of Website. 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 also include, but are not limited to, competitive analysis (including providing screen shots, which are copyrighted material owned by Pawn212) and data mining or scraping through the use of robots, spiders, or otherwise.
Indemnity. You agree to indemnify and hold Pawn212, its officers, affiliates, subsidiaries, managers, members, directors, agents, employees, and suppliers, harmless of and 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 services provided in or through this Website, or (b) arising from your breach of this Agreement.
Warranty. You warrant and represent that you have good and marketable title to the property you pawn with Pawn212, free of all encumbrances of any kind. YOU AGREE THAT USE OF PAWN212'S SERVICES AND WEBSITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. PAWN212 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. PAWN212 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 PAWN212 MAKE ANY WARRANTY AS TO ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM PAWN212'S AGENTS OR REPRESENTATIVES OR THROUGH THE SERVICES PROVIDED BY PAWN212 SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability. IN NO EVENT SHALL PAWN212, ITS AFFILIATES, SUBSIDIARIES, MANAGERS, MEMBERS, OFFICERS, DIRECTORS, OTHER PARTNERS, 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). PAWN212'S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, SUBSIDIARIES, MANAGERS, MEMBERS, OFFICERS, DIRECTORS, OTHER PARTNERS, 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, OR (2) $100; (B) WITH PROPERTY ON OUR PREMISES DURING THE TERM OF A PAWN LOAN IS LIMITED TO THE PAWN LOAN AMOUNT; (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 PAWN212, NONE. YOU ACKNOWLEDGE AND AGREE THAT IF YOUR ITEM IS LOST OR DAMAGED WHILE IN PAWN212'S POSSESSION DURING THE TERM OF A PAWN LOAN, BUT YOU FAIL TO TIMELY REDEEM, THEN YOU ARE NOT ENTITLED TO ANY REMEDY.
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 Website, any Loan made or denied by Pawn212 or relating to services provided in or through this Website, 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 Pawn212 use electronic means, including but not limited to your visits to this Website, emails, and clicks on weblinks embedded in this Website. For contractual purposes, you (a) consent to receive communications from Pawn212 in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Pawn212 provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The foregoing does not affect your non-waivable rights. You may also receive a hard copy of the Loan Contract, by emailing us at: pawn212nyc@gmail.com.
General. The Terms and Conditions for Use of Website (“Terms and Conditions”) contains the entire agreement between you and Pawn212 regarding the use of the Service. 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 these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid or unenforceable, such provision will, if possible, 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 Pawn212 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, Pawn212 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. Pawn212 is located at 36 West 47th Street, Booth E07-W07, New York, New York, 10036, United States of America. 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.
Revised – TC 12/15/19 11:31 AM